We understand that your personal information is important to you and that you may be apprehensive about disclosing it. Your privacy is just as important to us and we are committed to safeguarding and processing your information in a lawful manner.

We also want to make sure that you understand how and for what purpose we process your information. If for any reason you think that your information is not processed in a correct manner, or that your information is being used for a purpose other than that for what it was originally intended, you can contact our Information Officer.

You can request access to the information we hold about you at any time and if you think that we have outdated information, please request us to update or correct it.

Our Details:

• B Lubbe & Associate Attorneys
• 9E Sandown Road
• Bloubergrandt
• 7441
• Tel: (021) 554 4882
• Email: legal@lublaw.co.za

The organisation is a Law Firm practicing in terms of the Legal Practice Act No 28 of 2014. We render legal services in the following categories:

• Administration of Deceased Estates
• Drafting of Wills
• Setting up Trusts / Appointment of Trustees
• Estate Planning
• Contingency Plans for SME’s
• Estate & Wills Related Litigation
• Property Transfer Cost Calculator
• Contracts
• Lease Agreements
• Power of Attorney
• Property Dispute Litigation
• Divorces
• Property Disputes
• Evictions
• Consumer Protection Act
• Personal Injuries
• High Court Applications
• Antenuptial (Pre-Nup) Contracts
• Service Level Agreements
• Cohabitation Agreements
• Partnership Agreements

The source of collection of your personal information:

We collect personal information directly from the following data subjects:

• Prospective clients who enquire about our legal services
• Clients who have appointed the organisation as their representative

Personal information is collected directly from you through the completion of an application form, online forms, during consultations and FICA Onboarding Questionnaires and forms requested for completion by clients. These forms are completed either electronically or in hard copy. You may also be requested to provide your personal information during your consultation with a representative.

We may also collect information about you from other sources such as external third parties and from cookies on our website.

Law authorising or requiring collection of personal information:

As an authorised legal services provider, we may be obliged in terms of legislation, to collect your personal information insofar as it relates to the rendering of the relevant legal services to you:

• Attorneys Act no.53 of 1979;
• Auditing Professions Act No. 26 of 2005;
• Basic Conditions of Employment Act No. 75 of 1997;
• Broad-Based Black Economic Empowerment Act, 2003;
• Business Act No 71 of 1991;
• Companies Act No. 71 of 2008;
• Compensation of Occupational Injuries and Diseases Act No. 130 of 1993;
• Competition Act. No. 71 of 2008;
• Constitution Act. No. 7 of 2008;
• Copyright Act No. 98 of 1978;
• Custom and Exercise act No. 91 of 1964;
• Debt Collectors’ Act No. 91 of 1964;
• Design Act No. 195 of 1993;
• Electronic Communications Act No. 36 of 2005;
• Electronic Communications and transaction Act No. 25 of 2002;
• Employment Equity Act No. 55 of 1998;
• Financial advisory and Intermediary Services Act of 2002;
• Financial Intelligence center Act No 38 of 2001;
• Identification Act No. 68 of 1997;
• Income Tax Act No. 58 of 1962;
• Insider Trading Act No. 135 of 1998;
• Insolvency Act No. 24 of 1936;
• Inspection of Financials Institutions Act No. 18 of 1998;
• Intellectual Property Laws Amendment Act 38 of 1997;
• Labour Relations Act No. 66 of 1995;
• Leases of Land Act no. 18 of 1969;
• Machinery and Occupational Safety Act No. 6 of 1983;
• National Credit Act No. 34 of 2005;
• National Road Traffic Act 93 of 1996;
• National Environmental Management Act No 107 of 1998;
• Occupational Health and Safety act No. 85 of 1993;
• Patents Act No. 57 of 1978;
• Pension Funds Act No. 24 of 1956;
• Prescription Act No. 68 of 1969;
• Prevention of Organised crime Act No. 121 of 1998;
• Promotion of access to Information Act No. 2 of 2000;
• Protection of Personal;
• Revenue laws Second Amendment Act No. 61 of 2008;
• Road Transportation Act No. 74 of 1977;
• Skills Development Levies Act No. 9 of 1999;
• Stock Exchanges Control Act No. 1 of 1985;
• Taxation Laws Amendment Act No. 7 of 2010;
• Trademarks Act No. 194 of 1993;
• Transfer Duty Act No. 40 of 1949;
• Uncertificated Securities Tax Act No. 31 of 1998;
• Unemployment Contributions Act 63 of 2001;
• Unemployment Insurance Act No. 30 of 1966;
• Value Added Tax Act 89 of 1991.

Purpose for Processing your Information:

We collect, hold, use and disclose your personal information mainly to provide you with access to the services and products that we provide. We will only process your information for a purpose you would reasonably expect, including:

• Complying with the obligations contained in the contract concluded between yourself and B Lubbe & Associate Attorneys
• Providing you with advice, products and services that suit your needs as requested
• To verify your identity and to conduct credit reference searches
• To issue, administer and manage your contracts and agreements
• To notify you of new products or developments that may be of interest to you
• To confirm, verify and update your details
• To comply with any legal and regulatory requirements

Some of your information that we hold may include, your first and last name, email address, a home, postal or other physical address, other contact information, your title, birth date, gender, occupation, qualifications, past employment, residency status, your investments, assets, liabilities, insurance, income, expenditure, family history, medical information and your banking details.

Some of the aforementioned personal information may be mandatory to provide within the context of product providers’ requirements and disclosures.

Failing to provide compulsory information may lead to our organisation’s inability to carry out the functions necessary to perform as an authorised legal advisor.

Third parties and your personal information

We may need to share your information to third parties provide advice, reports, products or services that you have requested. Where we share your information, we will take all precautions to ensure that the third party will treat your information with the same level of protection as required by us.

These third parties may include:

• The Compliance Officer of an organisation (where applicable);
• Analytics and search engine providers assisting in the enhancement of our websites;
• Information Technology specialists assisting us with data storage, security, processing, analytics, etc;
• Auditors of an organisation;
• Regulatory or governmental authorities such as the Financial Sector Conduct Authority and the Prudential Authority;

The Transfer of your personal information outside of the Republic of South Africa

If your information is hosted on servers managed by a third-party service provider, which may be located outside of South Africa, we confirm that we shall request their confirmation that the level of protection afforded to your personal information by that third country or international organisation is equal to the protection afforded by the POPI Act.

Complaints and objections

As a data subject, you have the right to –

• Request that we confirm, whether or not we hold personal information about you;
• Request that we provide you with a description of the personal information we hold about you, and to explain why and how it is being processed (please complete Annexure A);
• Request that we consider your objections to the processing of your personal information (please complete Annexure B);
• Lodge a complaint with the Information Regulator (please complete Annexure B).

The Information Regulator

In the event that your personal information has not been processed in accordance with the POPI Act and the principles set out above, you have the right to lodge a complaint with the Information Regulator.

For further information regarding the complaints process, please visit the website of the Information Regulator, as indicated below.

Alternatively, you may contact the Information Regulator for further assistance:

• The Information Regulator: Adv Pansy Tlakula
• Physical Address: JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001
• Email: complaints.IR@justice.gov.za
• Website: https://www.justice.gov.za/inforeg/index.html

Download:

Annexure A Personal Information Request Form

Annexure B POPI Complaint Form

PAIA MANUAL – B Lubbe & Associates