PRIVACY POLICY

Who we are

Otto Krause Incorporated Attorneys, Conveyancers and Notaries ("the firm", "we", "us") is the responsible party in respect of the personal information collected through this website, as contemplated in the Protection of Personal Information Act 4 of 2013 ("POPIA").

Our details are:

Unit C9, Clearview Office Park, 77 Wilhelmina Ave, Allensnek, Roodepoort

What information we collect

We collect the personal information you choose to give us. Through our enquiry form, that is ordinarily your name, telephone number, email address and whatever you tell us about the nature of your enquiry. Through our information sheets, we collect the information requested in the relevant sheet, which may include your identity number, marital status, financial details, details of your family members and other information necessary to attend to your matter. We also collect limited technical information automatically, as described in clause 8.

Why we collect it and on what basis

We process your personal information in order to respond to your enquiry, to assess and accept a mandate, to render legal services to you, to comply with our statutory obligations (including under the Financial Intelligence Centre Act 38 of 2001 and the Legal Practice Act 28 of 2014), and to administer our practice.
We rely on your consent, on the necessity of processing for the conclusion or performance of a contract with you, on our legal obligations, and on our legitimate interests, as the case may be.

Special personal information

Some of our work necessarily involves special personal information as defined in POPIA, such as information concerning health, biometrics, criminal proceedings or religious beliefs. Where we process such information, we do so only as permitted by section 27 of POPIA, including where it is necessary for the establishment, exercise or defence of a right or obligation in law.

Who we share it with

We do not sell your personal information. We may share it with the courts and tribunals, the Deeds Office, the Master of the High Court, correspondent attorneys, advocates, sheriffs, tracing agents, the South African Revenue Service, banks and other financial institutions, and our own service providers, in each case only to the extent necessary for your matter or as required by law. All such recipients are required to treat your information confidentially.

Sending information outside South Africa

Where your matter requires it, or where our service providers host data abroad, your personal information may be transferred outside South Africa. We will only do so where the conditions of section 72 of POPIA are met.

How long we keep it

We retain client files and supporting records for the periods required by law and by the rules of the Legal Practice Council, which is ordinarily a minimum of five years from the date of finalisation of the matter, and longer where a longer period is prescribed or where the records remain relevant to a live or anticipated dispute. Enquiries that do not result in a mandate are retained for [period] and then deleted.

Cookies and website analytics

Our website uses cookies to enable it to function properly and, where you consent, to help us understand how visitors use it. You may refuse or delete cookies through your browser settings, though parts of the site may then not function as intended.

Security

We take appropriate, reasonable technical and organisational measures to safeguard personal information in our possession against loss, damage and unauthorised access, as required by section 19 of POPIA. Please note, however, that no transmission over the internet can be guaranteed to be entirely secure, and email in particular is not a secure medium.

Your rights

You are entitled to be told what personal information of yours we hold and to be given access to it; to ask us to correct or delete information that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or unlawfully obtained; to object to the processing of your information on reasonable grounds; and to withdraw your consent, though this will not affect processing that has already taken place or that rests on another lawful basis.
Requests for access are dealt with in terms of the Promotion of Access to Information Act 2 of 2000 and our PAIA manual, which is available on this website. Please direct any request or query to our Information Officer at the address above.

Complaints

If you are not satisfied with the way we have handled your personal information, you are entitled to lodge a complaint with the Information Regulator (South Africa). The Regulator's current contact particulars are published at inforegulator.org.za.

Changes to this policy

We may amend this policy from time to time. The version published on this page is the version in force, and the date on which it was last amended appears at the top.