Malatji MV Attorneys Inc ("we", "us", or "our") is committed to protecting your privacy and personal information. This Privacy Policy explains how we collect, use, disclose, and safeguard your information in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA) and other applicable South African laws.
1. Information We Collect
1.1 Personal Information
We may collect the following types of personal information:
- Identification Information: Full name, identity number, date of birth, passport details
- Contact Information: Physical address, email address, telephone numbers
- Financial Information: Banking details, payment information, tax information
- Employment Information: Occupation, employer details, income information
- Legal Matter Information: Details relevant to your legal case or inquiry
- Website Usage Data: IP address, browser type, device information, pages visited
1.2 Special Personal Information
In certain cases, we may need to process special personal information including:
- Health information (e.g., for personal injury claims)
- Criminal records or proceedings
- Information about children (e.g., in custody matters)
We only collect such information where necessary for legal services and with your explicit consent or as permitted by law.
2. How We Collect Information
We collect information through:
- Direct interactions when you engage our services
- Consultation forms and questionnaires
- Email, telephone, and written correspondence
- Our website contact forms and inquiry submissions
- Documents you provide for legal matters
- Third parties (courts, opposing parties, expert witnesses) in the course of legal representation
3. How We Use Your Information
We use your personal information for the following purposes:
- Legal Services: Providing legal advice, representation, and related services
- Communication: Responding to inquiries and communicating about your matter
- Compliance: Meeting legal, regulatory, and professional obligations
- Administration: Managing client accounts, billing, and payments
- Conflict Checks: Ensuring we can represent you without conflicts of interest
- Record Keeping: Maintaining files as required by law and professional standards
- Website Improvement: Analyzing website usage to improve user experience
4. Legal Basis for Processing
We process your personal information based on:
- Consent: You have given explicit consent for specific purposes
- Contract: Processing is necessary to perform our engagement agreement
- Legal Obligation: Compliance with POPIA, FICA, Legal Practice Act, and other laws
- Legitimate Interest: Protecting our rights and interests or those of third parties
5. Information Sharing and Disclosure
5.1 When We Share Information
We may share your information with:
- Legal Professionals: Advocates, expert witnesses, other attorneys (with consent)
- Courts and Tribunals: As required for legal proceedings
- Opposing Parties: As necessary in legal matters
- Service Providers: IT support, document storage, professional consultants
- Regulatory Bodies: Legal Practice Council, Law Society, SARS, FIC
- Law Enforcement: When required by law or court order
5.2 Attorney-Client Privilege
We maintain strict confidentiality subject to attorney-client privilege. Information is only disclosed where legally required or with your express consent.
6. Data Security
We implement appropriate technical and organizational measures to protect your information:
- Secure document storage systems
- Password-protected digital files and databases
- Encrypted email communication for sensitive information
- Physical security measures for our offices
- Access controls limiting who can view your information
- Regular security assessments and updates
- Staff training on data protection and confidentiality
While we take all reasonable steps to protect your data, no system is completely secure. We cannot guarantee absolute security of information transmitted electronically.
7. Data Retention
We retain your personal information:
- For as long as necessary to provide legal services
- For a minimum of 7 years after conclusion of a matter (as required by professional rules)
- Longer where required by law or court orders
- Until you withdraw consent (where consent is the basis for processing)
After the retention period, we securely destroy or anonymize your information.
8. Your Rights Under POPIA
You have the following rights regarding your personal information:
- Right to Access: Request copies of your personal information we hold
- Right to Correction: Request correction of inaccurate or incomplete information
- Right to Deletion: Request deletion of your information (subject to legal obligations)
- Right to Object: Object to processing of your information
- Right to Restriction: Request limitation of processing in certain circumstances
- Right to Data Portability: Receive your information in a structured format
- Right to Withdraw Consent: Withdraw consent at any time (where applicable)
To exercise these rights, contact us using the details provided at the end of this policy.
9. Website and Cookies
9.1 Cookies
Our website may use cookies to enhance user experience. Cookies are small text files stored on your device. We use:
- Essential Cookies: Required for website functionality
- Analytics Cookies: To understand how visitors use our site
You can control cookies through your browser settings. Disabling cookies may affect website functionality.
9.2 Third-Party Services
Our website may use third-party services (e.g., Google Analytics) that collect information about your visit. These services have their own privacy policies.
10. Electronic Communications
Please note:
- Email communication is not completely secure
- Avoid sending highly sensitive information via unencrypted email
- We may use encrypted email systems for confidential communications
- By communicating with us electronically, you accept the risks involved
11. FICA Compliance
As required by the Financial Intelligence Centre Act (FICA), we are obligated to:
- Verify client identity
- Keep records of transactions and client information
- Report suspicious transactions to the Financial Intelligence Centre
- Implement risk management and compliance programs
This processing is a legal requirement and is necessary to provide legal services.
12. Children's Privacy
We do not knowingly collect personal information from children under 18 without parental consent, except where necessary for legal representation (e.g., in family law matters). Parents/guardians have the right to access and control their children's information.
13. International Data Transfers
Generally, your information is processed and stored within South Africa. If we need to transfer data internationally, we ensure:
- The recipient country has adequate data protection laws, or
- We have contractual safeguards in place, or
- We obtain your explicit consent
14. Changes to This Policy
We may update this Privacy Policy periodically to reflect changes in:
- Our information practices
- Legal requirements
- Technology developments
We will post the updated policy on our website with the revision date. Continued use of our services after changes constitutes acceptance of the updated policy.
15. Information Officer
Our Information Officer responsible for POPIA compliance is:
16. Complaints and Disputes
If you believe we have not handled your personal information properly:
- Contact our Information Officer using the details above
- We will investigate and respond within 30 days
- If unsatisfied, you may lodge a complaint with the Information Regulator:
- Email: inforeg@justice.gov.za
- Website: www.justice.gov.za/inforeg
17. Contact Us
For questions, concerns, or to exercise your rights under POPIA, contact us: