Purpose of This Notice
This POPIA Privacy Notice explains how Chauke Corncelia Attorneys ("the Firm", "we", "us" or "our") may collect, process, use, store and protect personal information in the course of conducting our business and providing legal, conveyancing and notarial services.
This notice is intended to provide transparency regarding the processing of personal information and should be read together with our Privacy Policy, applicable engagement documentation and any matter-specific privacy notices that may apply.
We recognise the importance of protecting personal information and seek to process it responsibly, securely and lawfully.
Responsible Party
Chauke Corncelia Attorneys is responsible for determining the purposes and means of processing personal information in connection with its business and legal services, subject to applicable law and the circumstances of each matter.
Where appropriate, the Firm may appoint or use third-party operators or service providers to process information on its behalf.
Appropriate confidentiality and security considerations should apply to such processing where required by law.
Personal Information We May Process
Depending on the nature of your interaction with the Firm, the personal information processed may include:
- Names and surnames.
- Contact details, including telephone numbers, email addresses and physical addresses.
- Identification and verification information where required for a particular legal matter or transaction.
- Information relating to a client's legal matter.
- Information contained in correspondence, agreements, applications and other documents.
- Financial or transactional information where reasonably necessary for a matter.
- Information concerning other persons involved in a legal matter where such information is lawfully provided or obtained.
- Technical information generated through interaction with our website or electronic systems.
The nature and extent of information collected will depend on the services requested and the circumstances of the relevant matter.
How Personal Information Is Collected
Personal information may be obtained from a variety of lawful sources, depending on the circumstances.
- Directly from you when you contact the Firm.
- Through consultation or enquiry processes.
- Through documents or information supplied during a legal matter.
- From authorised representatives or persons acting on your behalf.
- From public or legally accessible sources where appropriate.
- From courts, government institutions, regulatory authorities or other legitimate sources where necessary for a matter.
- Automatically through interaction with our website or electronic systems, where applicable.
Purposes for Processing
Personal information may be processed for purposes including:
- Assessing and responding to enquiries.
- Providing legal advice and legal services.
- Managing litigation and dispute-resolution matters.
- Administering deceased estates.
- Providing conveyancing and property-related services.
- Preparing or attending to notarial documents and agreements.
- Assisting with wills, trusts and estate planning matters.
- Assisting with nuptial and matrimonial contractual matters.
- Assisting with matters involving curatorship.
- Performing administrative, accounting and record-keeping functions.
- Complying with applicable legislation, regulatory requirements and professional obligations.
- Protecting the Firm, its clients and systems against fraud, unlawful activity and security threats.
Lawful Processing
Personal information will be processed only where there is an appropriate lawful basis for doing so.
Depending on the circumstances, this may include processing that is necessary to take steps at the request of a data subject, perform or manage a contract, comply with a legal obligation, protect legitimate interests or where consent is required and has been obtained.
Certain legal matters may also require the processing of information relating to persons other than the Firm's direct client. Such processing will be undertaken where there is an appropriate legal basis and where reasonably necessary for the relevant matter.
Third-Party Processing
In providing services, the Firm may need to share or make personal information available to appropriate third parties.
Depending on the matter, these may include:
- Courts and tribunals.
- Government departments and regulatory bodies.
- Other attorneys, advocates, correspondents or professional advisers.
- Banks, financial institutions and transaction participants where required.
- Conveyancing-related service providers.
- Information technology and hosting providers.
- Document management and communication service providers.
- Other persons where disclosure is required, authorised or permitted by law.
Where third parties process personal information on behalf of the Firm, appropriate contractual, confidentiality and security measures should be implemented where required.
Security of Personal Information
The Firm seeks to implement reasonable technical and organisational safeguards appropriate to the nature and sensitivity of personal information processed.
Such safeguards may include access controls, confidentiality measures, secure storage, authentication mechanisms, system security and other appropriate administrative or technical controls.
No internet-based communication system can be guaranteed to be completely secure. Website visitors should therefore avoid submitting unnecessary sensitive, confidential or privileged information through general website forms.
Retention of Personal Information
Personal information will generally be retained for only as long as reasonably necessary for the purpose for which it was collected or as required by applicable legislation, professional obligations, contractual requirements or legitimate business purposes.
Legal matters may require certain records to be retained for prescribed or otherwise appropriate periods. The applicable retention period may therefore differ depending on the nature of the matter and the information concerned.
Rights of Data Subjects
Subject to applicable law and any limitations prescribed by law, data subjects may have rights concerning their personal information.
These may include the right to:
- Request access to personal information held about them.
- Request correction or updating of inaccurate or incomplete information.
- Object to certain forms of processing where permitted by law.
- Request deletion or destruction of personal information where legally permissible.
- Withdraw consent where processing is based on consent, subject to applicable limitations.
- Lodge a complaint regarding the processing of personal information.
Exercising a right does not necessarily mean that the Firm will be legally required to comply with the request. Certain statutory, professional, contractual or legal obligations may require information to be retained or processed.
Complaints Regarding Personal Information
If you believe that your personal information has been processed unlawfully or that your privacy rights have not been appropriately addressed, you are encouraged to contact the Firm first so that the matter can be considered and addressed where appropriate.
A data subject may also have the right to lodge a complaint with the Information Regulator of South Africa in accordance with applicable legislation.
Information regarding the Information Regulator and the applicable complaints process can be obtained from the Information Regulator's official channels.
Contact Regarding Privacy
For privacy-related enquiries, requests concerning personal information or questions regarding this notice, please contact Chauke Corncelia Attorneys using the contact details published on our website.
Please provide sufficient information to enable us to understand and respond to your request.
This notice provides general information regarding the Firm's approach to the processing of personal information. It should not be interpreted as a complete statement of all processing activities, legal obligations or rights applicable to every individual or legal matter. Specific privacy notices or contractual provisions may apply in particular circumstances.