- SchoemanLaw will respect the privacy of the Users/Clients and will take reasonable measures to protect it, as more fully detailed below.
- The User/Client may choose to provide personal information to SchoemanLaw, in which event the User/Client agrees to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
1 PURPOSE AND MANNER OF PERSONAL DATA COLLECTION AND USE
SchoemanLaw collects and processes personal data in accordance with the provisions of the European Union General Data Protection Regulation (“GDPR”) and Protection of Personal Information Act, No 4 of 2013 (“POPIA”), as amended and other regulations in force in the Republic of South Africa.
2 PRIVACY STATEMENT IN TERMS OF THE GDPR AND POPIA
2.1 Data will be collected for specified purposes of rendering Legal Services. The following data will be collected:
2.1.1 The User’s/ Client’s full name, South African Identity Number, Industry, Email address, Mobile Number, Telephone Number, Address, IP address, marital status, non-personal browsing habits and click patterns
2.1.3 In terms of the Financial Intelligence Centre Act 38 of 2001, (“FICA”) as amended, SchoemanLaw is an accountable institution. Once the User/ Client has engaged SchoemanLaw’s Services the User/Client will be expected to provide SchoemanLaw Inc. with the latest FICA documentation which once collected, and a mandate is signed, will be protected by Attorney-Client privilege.
2.1.4 As and when necessary, SchoemanLaw may electronically collect, store, disclose and/or use the personal information.
2.1.5 Information collected from Registered Users/Clients is required only to compile, sell and deliver the Products and/or Services to the Users/Clients and, save for Client satisfaction contact or full resolution of any issue raised by SchoemanLaw, such information shall not be used for any other purpose without the User’s/ Client’s prior consent.
2.1.6 All information collected is kept strictly confidential and all reasonable steps are taken to ensure that information is secured in storage and ultimate destruction. It will not be shared with any third party without the prior written consent of the User/Client.
2.1.7 SchoemanLaw shall take all reasonable steps to protect the personal information of Users/Clients and is committed to respecting the privacy of the User’s and Client’ s personal information. For the purpose of these T&C’s, “personal information” shall be defined as detailed in the POPIA. As and when necessary, SchoemanLaw may electronically collect, store, disclose and/or use the following of the User’s personal information.
2.1.8 SchoemanLaw will ensure that all our employees, third-party service providers, (including their employees and third-party service providers) having access to the User’s/Client’s personal information are bound by appropriate and legally binding confidentiality obligations in relation to the User’s/ Clients personal information and meet any applicable law, regulation, legal process, or enforceable governmental request.
2.1.9 The User’s/Client’s personal data will be hosted and stored in countries which might not have the adequacy decision of the European Union; other third-party contractors may have access to your data only for the purpose specified herein and the access of such third parties is strictly controlled.
2.1.10 Whenever SchoemanLaw is sending data to countries that are not providing the same level of protection as the EU’s GDPR, SchoemanLaw will use appropriate safeguards to protect the User’s or Client’s personal data, including but not limited to Standard Contractual Clauses for Processors.
2.2 SchoemanLaw collects stores and uses the abovementioned information in order to:
2.2.1 Communicate requested information to Users/Clients;
2.2.2 Respond to queries, responses or complaints submitted by Users/Clients;
2.2.3 Create Products or services that may meet the future requirements of Users/Clients;
2.2.4 Provide Registered Users/Clients with access to restricted pages on the Platform; and
2.2.5 Compile non-personal statistical information about browsing habits, click-patterns and access to the online services;
2.2.6 Onboard a Client for purposes of rendering Legal Services.
2.4 SchoemanLaw may further collect non-personal information, for example, the User’s/ Client’s IP address, the date and time of their visits to the SchoemanLaw Website, and browser history, to recognise the User/Client during any subsequent visits to the SchoemanLaw Website and/or use of the online services. SchoemanLaw may further use this non-personal information to develop future Products and/or services to meet the User’s/ Client’s requirements and needs.
2.5 SchoemanLaw owns and retains all rights to non-personal statistical information collected and compiled by SchoemanLaw.
2.6 SchoemanLaw will not share the User’s/ Client’s personal information outside of SchoemanLaw except in the following cases:
2.6.1 With prior consent;
2.6.2 With its employees and/or third-party service providers who assist with the Website;
2.6.3 When processing of information is necessary for the performance of a contract with the User/Client;
2.6.4 When SchoemanLaw has a legal obligation share the information;
2.6.5 When the information is necessary in order to protect the vital interests of the User/ Client or of another person;
2.6.6 When the information is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested;
2.6.7 When the information is necessary for the purposes of the legitimate interests pursued by the SchoemanLaw or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the User/Client which require protection of personal data.
3 COLLECTION AND PROCESSING OF PERSONAL DATA BY OTHER USERS OR THIRD PARTIES
The Website contains content and may contain Links to third-party Platform, through which other Users/Clients or third parties may gain authorised or unauthorised access to the User’s/ Client’s personal data. These T&C’s do not apply to the collection, processing or use of personal data that the User/Client has communicated to other Users/Clients and/or third parties. It is in the User’s/ Client’s best interest to acquaint themselves with the rules of personal data protection, and the protection of privacy applied by other Users/ Clients and/or third parties.
4 MODIFICATION AND DELETION OF PERSONAL DATA
The User/Client is legally entitled to request modification or deletion of their personal data, or deletion from the User database at any time. Modification or deletion of data shall be effected on the basis of an appropriate notice addressed to SchoemanLaw as outlined in 12 above.
5.2 A cookie is a group of data serving as the User’s/Client’s anonymous individual identifier that is sent to your browser by Website. Cookies are sent when the User/ Client accesses the Website. They are stored on the User’s/ Client’s computer and serve to record information about the User’s/ Client’s subsequent online visits. Therefore, after a cookie has been stored on the User’s/ Client’s computer every time the User/ Client returns to the Website, it shall look for the cookie in order to read the stored data.
5.3 A cookie is an anonymous individual identifier, it does not contain or send any personal information to the Website that is stored on your computer, but only enables faster and more efficient activation of information, data and settings previously communicated during access and use of the Website.
5.4 The User/ Client can modify or disable cookies through the Options or Settings of their browser that allows the User/Client to select an appropriate option for receiving cookies, or even to disable them completely. However, disabling cookies completely will reduce the efficiency of some content available on some Website.