Website Terms & Conditions

SPENCE ATTORNEYS PRIVACY POLICY

TO BE READ WITH SPENCE ATTORNEY’S WEBSITE TERMS AND CONDITIONS OF USE AND SERVICE

Welcome to Spence Attorneys’s Privacy Policy. Spence Attorneys respects your privacy as well as the protection of your personal information.

Spence Attorneys may from time-to-time effect changes to this Privacy Policy. When Spence Attorneys effects any substantial changes to this Privacy Policy, Spence Attorneys will place a notice on the Website to notify all Users of such changes, in advance. Any changes will be effective from the date published on the Website and do not require your acceptance thereof.

  1. This Privacy Policy is to be read in conjunction with any other agreement or policy which may be in place between the you (the “User”) and Spence Attorneys  (being the owner and employees of the firm). It is intended to supplement such agreements and not to override them. Any definition assigned to any words in this Privacy Policy shall be the definition assigned to it in the Spence Attorneys Website Terms and Conditions of Use and Service, as amended from time-to-time. 

  2. The objective of this Privacy Policy is to inform the User how Spence Attorneys collects and processes the User’s personal information and data obtained whilst the User utilises the Services, general service or through the use of the Website. 

  3. Spence Attorneys respects the privacy and personal information of the User, and shall take reasonable measures to protect this, as is required and prescribed by legislative framework in the Republic of South Africa, which includes but is not limited to the Protection of Personal Information Act, 4 of 2013 (the “Act”), and as delineated below.

  4. The User agrees that Spence Attorneys may collect, process, store, collate, and otherwise use the types of information about the User when he or she is using the Website (“Personal Information”), or when such Personal Information is submitted to Spence Attorneys by electronic means or otherwise, as set out in this Privacy Policy.

  5. Our Services and the Website are not intended to apply to minors.

Controller and Processor

  1. Spence Attorneys is the data controller and is responsible for the User’s Personal Information in instances where Spence Attorneys decides the processing operations concerning the User’s Personal Information.

  2. Spence Attorneys may also from time-to-time operate as a processor of Personal Information on behalf of a third-party data controller, where that data controller’s privacy terms will apply, but Spence Attorneys will, insofar as reasonably possible, draw the User’s attention to them, when applicable.

  3. Spence Attorneys has appointed an information officer at Spence Attorneys who is responsible for overseeing queries relating to this Privacy Policy, who is contactable at the following address:

Natalie Macdonald Spence

Email Address: natalie@spencelaw.co.za

HOW INFORMATION IS COLLECTED

INFORMATION PROVIDED BY THE USER

  1. Spence Attorneys collects Personal Information (information about the User that is personally identifiable such as but not limited to the User’s name, address, age, geo-location, employer name, annual income, marital status, qualifications, gender, e-mail addresses, income tax number, residential and/or postal address, property ownership information, banking details, phone number(s) and other unique information such as the User’s Identity Document number and passwords, product and service preferences and contact preferences that are not otherwise publicly available).

  2. When a User visits the Website, or submits a message on the Website or Chatbox or sends correspondence or emails to Spence Attorneys, Users consent to receiving communications from Spence Attorneys or any of its affiliates electronically in accordance with this Privacy Policy.

INFORMATION THAT IS COLLECTED AUTOMATICALLY

  1. Spence Attorneys receives and stores information which is transmitted automatically from the User’s device when the User browses the internet or uses the Website. This information includes information from cookies (which are described in this Privacy Policy), the User’s Internet Protocol (“IP”) address, browser type, web beacons, geo-locationary information, embedded web links, contact details, and other commonly used information-gathering tools. These tools collect certain standard information that the User’s browser sends to the Website such as his or her browser type and language, access times, and the address from which he or she accessed the Website. In most cases, Spence Attorneys’ records of the User’s Personal Information will automatically update when the User updates the Personal Information. The User acknowledges that Spence Attorneys may receive the Personal Information from a party in certain transactions without the express consent or knowledge of the User. Should the User’s personal information change, he or she shall inform Spence Attorneys and provide Spence Attorneys with the updated personal information as soon as reasonably possible to enable Spence Attorneys to update it. Spence Attorneys is however under no obligation to ensure that the User’s Personal Information or any other information supplied by the User or by any person on behalf of the User is correct.

  2. The User further warrants that the personal information disclosed to Spence Attorneys or the Website is directly from you as the User of the Website or in connection to the Service is true and correct.

  3. The User may choose to provide additional personal information to Spence Attorneys, in which event he or she shall provide accurate and current information, and, generally, agrees to not impersonate or misrepresent any person or entity, or falsely state or otherwise misrepresent his or her affiliation with anyone or anything.

 

HOW SPENCE ATTORNEYS WILL USE PERSONAL INFORMATION

 

  1. Any processing of the User’s personal information shall be reserved for legitimate business purposes of Spence Attorneys, as prescribed by law (in terms of the FIC Act, 2001 and/or the Legal Practice Act, 2014) and as a necessary function of the User’s engagement with the Website and/or the Service. The User hereby consents to this. Spence Attorneys shall not however, without the express consent of the User:

  • use the personal information of the User for any purpose other than as set out below:

  • contact the User regarding current or new information, products or service or any other service offered by Spence Attorneys, or any of its affiliates (unless the User has opted out from receiving marketing material from Spence Attorneys, possible through same contact);

  • utilise the information in order to render a Service and/or provide a quotation to the User;

  • disclose the User’s personal information to any third party other than as set out below:

  • Spence Attorneys’ employees and/or third parties who assist Spence Attorneys to interact with the User via the Website, e-mail or any other method, for the receiving of their services, and therefore need to know the User’s personal information in order to assist Spence Attorneys with communicating with the User in an efficient and proper manner;

  • to Spence Attorneys’ affiliates (including their employees and/or third party service providers) in order for them to interact directly with the User via email or any other method for the purposes of obtaining correspondence, or for the purposes of circulating marketing material regarding any current or new product or services, new features, special offers or promotional items offered by them (unless the User has opted out from receiving marketing material from Spence Attorneys or its affiliates, through correspondence with Spence Attorneys);

  • to law enforcement, government officials, fraud detection agencies, or any other regulatory authorities or third parties, when Spence Attorneys believes in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity or the contravention of an applicable law, or to investigate violations of any terms or this Privacy Policy; and

  • to Spence Attorneys’ service providers (under contract with Spence Attorneys) who help with parts of its business operations (fraud prevention, marketing, technology, and likewise services). However, Spence Attorneys will takes steps to ensure that contracts with such service providers provide that these service providers shall only use the User’s information in connection with the services they perform for Spence Attorneys, under the same standards as to how Spence Attorneys operates or higher, and not for their own benefit.

 

  1.  Spence Attorneys shall use or disclose the User’s personal information if such use or disclosure is required to comply with any applicable law, subpoena, order of court or legal process served on it, or to protect and defend its rights or property. In the event of a fraudulent online payment or any other fraud detected, Spence Attorneys shall disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.

  2. Spence Attorneys shall ensure that all of its employees, associated third parties, independent contractors, directors, affiliated companies (including their employees and third-party service providers), or other affiliates that have access to the User’s Personal Information are bound by appropriate and legally binding confidentiality obligations. These persons shall further process the User’s personal information at standards equal to or higher than Spence Attorneys.

  3. As regards the personal information of the User, Spence Attorneys shall:

    1. treat the User’s Personal Information as strictly confidential, save where Spence Attorneys entitled to share it as set out in this Privacy Policy;

    2. take appropriate technical and organisational measures to ensure that the User’s Personal Information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;

    3. provide the User with reasonable access to the User’s Personal Information to view and/or update personal details when necessary;

    4. promptly notify the User if Spence Attorneys becomes aware of any unauthorised use, disclosure or processing of the User’s personal information;

    5. provide the User with reasonable evidence of its compliance with its obligations under this Privacy Policy on reasonable notice and request; and

    6. upon the User’s request, promptly correct, return or destroy any and all of his or her personal information in the possession or control of Spence Attorneys, save for that which Spence Attorneys is legally obliged or entitled to retain (acknowledging that some Website functionality might be lost if certain personal information is amended and/or destroyed).

 

4. Spence Attorneys shall not retain the User’s Personal Information longer than the period for which it was originally needed, unless Spence Attorneys is required by law to do so, or the User consents to Spence Attorneys retaining such information for a longer period.

 

5. Spence Attorneys shall not provide the User’s personal information to any third party other than as provided for in this Privacy Policy.

6. While Spence Attorneys shall do all things reasonably necessary to protect the User’s privacy rights, Spence Attorneys cannot and hereby does not guarantee nor accept any liability whatsoever for unauthorised or unlawful disclosures of the User’s personal information, whilst in its possession, made by third parties who are not subject to the control of Spence Attorneys, unless such disclosure is as a result of its gross negligence. Spence Attorneys is committed to ensuring that all Personal Information is secure, and to assist in preventing any unauthorised access to the User’s Personal Information, Spence Attorneys has appropriate measures in place to secure the Personal Information collected.

7. If the User discloses his or her personal information to an associated third party, such as, but not limited to, an entity which operates a website linked to the Website or anyone website other than the Spence Attorneys website, Spence Attorneys shall not be liable for any loss, costs or damages, howsoever arising, suffered by the User as a result of the disclosure of such information to the third party. This is because Spence Attorneys does not regulate or control how that third party uses the Personal Information of the User. It is the duty and responsibility of the User to always ensure that he or she has read the privacy policy of any third party.

 

USE OF COOKIES

  1. The Website may make use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which Spence Attorneys may use) to recognise repeat users, facilitate the User’s on-going access to and use of the Website and allow the Website to track usage behaviour and compile aggregate data that will allow the Website operator to improve the functionality of the website and its content. Cookies further aims to display more focused advertising to a user by way of third-party tools. The type of information collected by cookies is not used to personally identify the User. If the User does not want information collected through the use of cookies, there is a simple procedure in most browsers that allows the User to deny or accept the cookies feature. Please note that cookies may be necessary to provide the User with certain features available on the Website, and thus if the User disables the cookies feature on his or her browser she or he may not be able to use those features, and the User’s access to the Website will therefore be limited. If the User does not disable “cookies”, she or he is deemed to consent to Spence Attorneys’ use of any personal information collected using those cookies, subject to the provisions of the Website Terms and Conditions of Service and Use, as well as this Privacy Policy.

  2. The User may request access to any of the relevant Personal Information held by Spence Attorneys and where such access is necessary for the User to exercise and/or protect any of his or her rights. For any Personal Information held by any third party, the User must approach that party for the realisation of the User’s personal information rights, rather than Spence Attorneys.

CHANGES TO SPENCE ATTORNEYS’S USE OF INFORMATION

  1. Spence Attorneys will only use the User’s Personal Information for the purposes for which it collected it, unless Spence Attorneys reasonably considers that it needs to use such Personal Information for another reason and that reason is compatible with the original purpose.

  2. Should the User require an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact the Information Officer described herein.

  3. Should Spence Attorneys require the Personal Information for an unrelated purpose, Spence Attorneys will notify the User and Spence Attorneys will explain the legal basis which allows Spence Attorneys to do so.

  4. Spence Attorneys may retain any Personal Information collected for as long as it requires it, provided that such Personal Information is kept for the purposes for which it was intended.

  5. Kindly note that Spence Attorneys may process the User’s Personal Information without the User’s knowledge or consent, in compliance with this Privacy Policy, where this is required or permitted by law.

CONTACTING SPENCE ATTORNEYS

Should the User wish to contact Spence Attorneys in connection with this Privacy Policy, the User can contact the Information Officer, Natalie Macdonald-Spence at the following email address: natalie@spencelaw.co.za