THIS WEBSITE CAN BE ACCESSED AT WWW.LAWGACYCONSULTING.CO.ZA, RELATED MOBILE SITES AND SOFTWARE APPLICATIONS (THE “WEBSITE”) AND IS OWNED AND OPERATED BY LAWGACY CONSULTING PROPRIETARY LIMITED (“LAWGACY CONSULTING”, “WE”, “US” AND “OUR”).

BY ACCESSING AND USING THE WEBSITE, YOU ARE PROVIDING YOUR EXPRESS AND VOLUNTARY CONSENT TO THE PROCESSING OF YOUR PERSONAL INFORMATION BY US ON THE BASIS SET OUT IN THIS PRIVACY POLICY AND RELATED DOCUMENTS AND / OR ANNEXURES (“THE PRIVACY POLICY”). PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE YOU ACCESS THE WEBSITE. IF YOU DOES NOT CONSENT TO THE PROCESSING OF YOUR INFORMATION AS SET OUT IN THIS PRIVACY POLICY, YOU MUST IMMEDIATELY STOP ACCESSING AND/OR USING THIS WEBSITE AND / OR OUR SERVICES.

1. INTRODUCTION

1.1. Lawgacy Consulting collects, uses and, in some circumstances, shares your Personal Information in and through the Website and during the provision of services to you.

1.2. Lawgacy Consulting respects your rights as set out in the Act in respect of the Personal Information we collect, use and process.

1.3. The purpose of this Privacy Policy is to provide you with information about how we Process your Personal information and the way your rights in terms of the Act are protected.

1.4. This Privacy Policy shall remain valid for as long as you are using the services of Lawgacy Consulting, including the browsing of this Website.

1.5. We may amend the provisions of this Privacy Policy to comply with any changes in the law, and/or pursuant to any changes to our Personal Information Processing activities or privacy practices. Such amendments will be published on the Website and will become operable from the date of such publication.

1.6. This Privacy Policy, and the interpretation and enforcement thereof, will be governed by the laws of the Republic of South Africa.

2. WHO IS LAWGACY CONSULTING?

2.1. Lawgacy Consulting is the owner and operator of the Website and activities and services in relation to the Website. Lawgacy Consulting is a legal consultancy and business advisory service provider.

2.2. Lawgacy Consulting is located at Regus Business Centre, Nr 1 Casino Road, Founders Hill, Johannesburg, Gauteng, 1609.

2.3. Nomfundo Mabaso has been duly appointed to be the Information Officer of Lawgacy Consulting and is the person with whom to liaise in relation to the Act.

3. THE PURPOSE OF THE ACT

3.1. The purpose of the Act is to ensure the protection of Personal Information which is Processed by public and private institutions. It does this by:

3.1.1. Introducing certain minimum requirements when it comes to the Processing of Personal Information;

3.1.2. Allowing for the creation of a regulator to enforce the various provisions of the Act;

3.1.3. Allowing for codes of conduct to be issued that apply to all private and public bodies that process Personal Information;

3.1.4. Protecting your rights as a Data Subject when it comes to receiving unsolicited electronic communications and where decisions relating to your Personal Information are made by an automated system; and

3.1.5. Regulating when and how your Personal Information may be sent outside the borders of South Africa.

4. SOME IMPORTANT DEFINITIONS

4.1. In order to make sense of your rights in terms of this Privacy Policy, it is important that certain definitions contained in section 1 of the Act are explained. Please note that any terms defined in the Terms and Conditions pertaining to the services we provide on the Website are capitalised in this Privacy Policy and have the same meaning as in the Terms and Conditions.

4.1.1. Act: The Protection of Personal Information Act 4 of 2013;

4.1.2. Clients: The clients of Lawgacy Consulting, whether juristic or natural persons, as the context requires;

4.1.3. Data subject: This is the person to whom the Personal Information relates;

4.1.4. FICA: The Financial Intelligence Centre Act 38 of 2001;

4.1.5. Information Officer: Means the person appointed as the information officer of Lawgacy Consulting in terms of clauses 2.3 and 5 below;

4.1.6. Personal Information: This is extensively defined as follows:

4.1.6.1. Information relating to your race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth;

4.1.6.2. Information relating to your education or to your medical, financial, criminal or employment history;

4.1.6.3. Any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other assignment particular to you;

4.1.6.4. Your biometric information;

4.1.6.5. Your personal opinions, views or preferences;

4.1.6.6. Correspondence sent by you that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;

4.1.6.7. The views or opinions of another individual about you; and

4.1.6.8. Your name if it appears with other Personal Information relating to you or if the disclosure of your name itself would reveal information about you, and divided into two categories of “Personal Information” which may generally be processed, as long as the minimum requirements of the Act are met, and “special personal information” which may not generally be processed unless specific exceptions apply as defined in the Act.

4.1.7. Processing: This includes any of the following actions in relation to Personal Information:

4.1.7.1. The collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use;

4.1.7.2. Dissemination by means of transmission, distribution or making available in any other form; or

4.1.7.3. Merging, linking, as well as restriction, degradation, erasure, or destruction of information.

4.1.8. Responsible Party: Means a public or private body or any other person which, alone or in conjunction with others, determines the purpose of and means for Processing Personal Information. In this case, Lawgacy Consulting is the Responsible Party.

4.1.9. Operator: This is a person who processes Personal Information on behalf of a Responsible Party in terms of a contract or mandate.

4.1.10. Terms and Conditions: The agreement between Lawgacy Consulting and you regulating the contractual relationship between the parties.

4.1.11. VAT: Means value-added tax as described in the Value-Added Tax Act 89 of 1991.

5. CONTACT DETAILS OF INFORMATION OFFICER

5.1. Attention: Nomfundo Mabaso

5.2. Physical and Postal Address: Regus Business Centre, Nr 1 Casino Road, Founders Hill, Johannesburg, Gauteng, 1609

5.3. Telephone: 010 143 1686

5.4. WhatsApp: 081 055 0773

5.5. E-mail: nomfundo@lawgacyconsulting.co.za

6. WHAT KIND OF PERSONAL INFORMATION IS HELD BY LAWGACY CONSULTING?

6.1. PERSONAL INFORMATION BELONGING TO LAWGACY CONSULTING’S CLIENTS WHO USE LAWGACY CONSULTING’S SERVICES:

6.1.1. Personal Information belonging to Clients who are juristic persons:

6.1.1.1. Bank account details and proof thereof;

6.1.1.2. Company or close corporation registration number, business logo, business e-mail addresses, the physical and postal address, telephone number and location information, VAT numbers, Terms and Conditions, FICA know-your-client related information.

6.1.2. Personal Information belonging to natural persons:

6.1.2.1. Information belonging to natural persons who are Clients in their personal capacity:

6.1.2.1.1. Bank account details and proof thereof;

6.1.2.1.2. Identity number, business logo, e-mail addresses, the physical and postal address, telephone number and location information.

6.1.2.2. Information belonging to natural persons who are representatives of juristic persons:

6.1.2.2.1. South African identity number, business e-mail address, place of employment, address of employer and personal and business telephone numbers and proof of these details.

6.2. PERSONAL INFORMATION BELONGING TO PERSONNEL OF LAWGACY CONSULTING

6.2.1. Information relating to the name race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical and/or mental health, well-being, disability, religion, belief, language and birth of personnel;

6.2.2. Information relating to the education, the medical, financial, criminal or employment history of personnel;

6.2.3. South African identity number, personal e-mail address, physical address, personal telephone numbers, location information and online identifiers of personnel;

6.2.4. Private and confidential correspondence with personnel; and

6.2.5. Records of a Personal Information stored by personnel in Lawgacy Consulting’s physical or electronic filing system(s).

6.3. PERSONAL INFORMATION BELONGING TO THIRD PARTY SERVICE PROVIDERS OF LAWGACY CONSULTING

6.3.1. Bank account details and proof thereof;

6.3.2. Company or close corporation registration number, South African identity number, business logo, business e-mail addresses, the physical and postal address, telephone number and location information, VAT numbers;

6.3.3. Personal Information of third-party service provider’s representatives/agents, such as name, business e-mail address, place of employment, address of employer and personal and business telephone numbers.

7. WHY IS THE PERSONAL INFORMATION ABOVE COLLECTED BY LAWGACY CONSULTING AND WHAT IS IT USED FOR?

7.1. PERSONAL INFORMATION BELONGING TO CLIENTS

7.1.1. Lawgacy Consulting requires the information collected from Clients that are both natural and juristic persons to provide them with the services provided by Lawgacy Consulting, in person or online.

7.1.2. Lawgacy Consulting may make this information available to Operators to ensure that the services are provided to the very best of Lawgacy Consulting’s abilities.

7.2. PERSONAL INFORMATION BELONGING TO PERSONNEL OF LAWGACY CONSULTING

7.2.1. Lawgacy Consulting is committed to good governance and compliance. No Personal Information in respect of any personnel will be used for any other reason besides what it is provided for. Any personnel database kept by Lawgacy Consulting will be for the purpose of managing the relationship between Lawgacy Consulting and its personnel only. No Personal Information pertaining to any personnel will be provided to any third person unless in accordance with the Act, any relevant legislation or with the express consent of the personnel.

7.3. PERSONAL INFORMATION BELONGING TO THIRD PARTY SERVICE PROVIDERS OF LAWGACY CONSULTING

7.3.1. Lawgacy Consulting requires the information collected from third party service providers that are both natural and juristic persons in order to do business with them. Lawgacy Consulting takes its compliance obligations very seriously and requires the information processed in order to conclude agreements regarding the relationship between Lawgacy Consulting and its service providers, many of whom may be Operators as defined in the Act.

7.3.2. Lawgacy Consulting processes the information necessary in order to be provided with the relevant services and to conclude the relevant agreements. Lawgacy Consulting may make this information available to other Operators to ensure that the services are provided to the reasonable satisfaction of Lawgacy Consulting. Operators and third parties are prohibited from further Processing the Personal Information given to them and should ensure that they have systems in place that make sure that they are compliant with the requirements of the Act.

7.4. THE PERSONAL INFORMATION SOUGHT BY LAWGACY CONSULTING IS MANDATORY IN NATURE. SHOULD THE RELEVANT STAKEHOLDER NOT PROVIDE THE PERSONAL INFORMATION SOUGHT, LAWGACY CONSULTING WILL NOT BE ABLE TO CONTINUE WITH THE RELATIONSHIP WITH SUCH STAKEHOLDER.

8. WHERE IS THE PERSONAL INFORMATION COLLECTED BY LAWGACY CONSULTING STORED AND WHAT SECURITY MEASURES ARE IN PLACE?

8.1 Personal Information is stored electronically.

8.2 Electronic information is stored on a cloud-based system. Personal Information is not saved on any external hard drives.

9. COOKIES

9.1. “Cookies” are small text files transferred by a webserver to your hard drive and thereafter stored on your computer. The types of information a Cookie collects includes your username, the date and time of your visits to the Website, your browsing history, and preferences.

9.2. Lawgacy Consulting may use Cookies on this Website to:

9.2.1. estimate the Website’s audience size and usage patterns;

9.2.2. store information about the user’s preferences, which allows Lawgacy Consulting to customise the Website and content according to your individual preferences; and

9.2.3. speed up searches on the Website.

9.3. The provisions of this clause are only applicable to Cookies used by Lawgacy Consulting. In some instances, third-party service providers may use Cookies on the Website. In these cases, Lawgacy Consulting cannot and does not control or access Cookies used by third party service providers and takes no responsibility for this conduct.

9.4. If you click through to a third party’s link, Lawgacy Consulting shall not be held responsible or liable for any security, data protection or other legal requirements provided by these third-party service providers.

10. WHEN WILL LAWGACY CONSULTING MAKE PERSONAL INFORMATION AVAILABLE TO THIRD PARTIES (OTHER THAN OPERATORS)

10.1. Lawgacy Consulting will not reveal any Personal Information to anyone outside of Lawgacy Consulting unless:

10.1.1. it is necessary to perform contractual obligations with its stakeholders;

10.1.2. it is compelled to comply with legal and regulatory requirements or when it is otherwise allowed by law;

10.1.3. it is in the public interest;

10.1.4. Lawgacy Consulting needs to do so to protect its rights.

10.2. Lawgacy Consulting endeavours to take all reasonable steps to keep secure any information which it holds about an individual, and to keep this information accurate and up to date. If at any time, an individual discovers that information gathered about them is incorrect, they may contact Lawgacy Consulting to have the information corrected. Where information has been disclosed to the personnel of Lawgacy Consulting, Lawgacy Consulting has agreements in place to ensure that compliance with confidentiality and privacy conditions.

10.3. Lawgacy Consulting recognises the importance of protecting the privacy of information collected about individuals, in particular, information that can identify an individual.

11. TRANSBORDER INFORMATION FLOWS

11.1. Lawgacy Consulting may transfer Personal Information to another country in the following circumstances:

11.1.1. the transfer is necessary for the conclusion or performance of a contract with a third party which is for your benefit or in your interest;

11.1.2. the transfer is otherwise for your benefit; or

11.1.3. you have consented to the transfer of your information.

11.2. If Lawgacy Consulting is required to transfer Personal Information from South Africa to a third party in a foreign country, it shall ensure that the third party is subject to a law, binding code of conduct or contract which effectively upholds principles for the reasonable Processing of Personal Information which are substantially similar to the data protection offered in the Republic of South Africa.

12. FOR HOW LONG IS PERSONAL INFORMATION KEPT BY LAWGACY CONSULTING?

12.1. COMPANIES ACT 71 OF 2008: The Companies Act requires records must be kept “in written form, or other form or manner that allows that information to be converted into written form within a reasonable time.”

12.1.1. The following documents are retained for an indefinite period:

12.1.1.1. Notice of Incorporation (Registration certificate);
12.1.1.2. Certificate of change of name (if any);

12.1.1.3. Memorandum of Incorporation and alterations or amendments;

12.1.1.4. Rules;

12.1.1.5. Register of company secretary and auditors;

12.1.1.6. Regulated companies (companies to which chapter 5, part B, C and Takeover Regulations apply) register of disclosures of person who holds beneficial interest equal to or in excess of 5% of the securities of that class issued;

12.1.1.7. Security register and uncertificated securities register.

12.1.2. The following documents are retained for 7 years:

12.1.2.1. Notice and minutes of all shareholders meeting including resolutions adopted and documents made available to holders of securities;

12.1.2.2. Copies of reports presented at the annual general meeting of the company;

12.1.2.3. Copies of annual financial statements;

12.1.2.4. Copies of accounting records;

12.1.2.5. Record of directors and past directors, after the director has retired from the company;

12.1.2.6. Written communication to holders of securities;

12.1.2.7. Minutes and resolutions of directors’ meetings, audit committee and directors’ committees.

12.2. CONSUMER PROTECTION ACT 68 OF 2008: The Consumer Protection Act seeks to protect the interests of Clients and as such requires Lawgacy Consulting as a service provider to retain and maintain the following records of consumers for a period of 3 years after the termination or cancellation of the services by the Client:

12.2.1. Full names, physical address, postal address and contact details;

12.2.2. ID number and registration number;

12.2.3. Copies of the Terms and Conditions completed by the Clients.

12.3. COMPENSATION FOR OCCUPATIONAL INJURIES AND DISEASES ACT 130 OF 1993:

12.3.1. Section 81(1) and (2) of the Compensation for Occupational Injuries and Diseases Act requires a retention period of 4 years for the documents mentioned below:

Register, record or reproduction of the earnings, time worked, payment for piece work and overtime and other prescribed particulars of all the employees.

12.3.2. Section 20(2) documents with a required retention period of 3 years:

12.3.2.1. Health and safety committee recommendations made to an employer in terms of issues affecting the health of employees and of any report made to an inspector in terms of the recommendation;

12.3.2.2. Records of incidents reported at work.

12.4. BASIC CONDITIONS OF EMPLOYMENT ACT 75 OF 1997:

12.4.1 The Basic Conditions of Employment Act requires a retention period of 3 years for the documents mentioned below:

12.4.1.1. Written particulars of an employee after termination of employment;

12.4.1.2. Employee’s name and occupation;

12.4.1.3. Time worked by each employee;

12.4.1.4. Remuneration paid to each employee;

12.4.1.5. Date of birth of any employee under the age of 18 years.

12.5. EMPLOYMENT EQUITY ACT NO. 55 OF 1998:

12.5.1. Section 26 and the General Administrative Regulations, 2014, requires a retention period of 3 years for the documents mentioned below:

12.5.1.1. Records in respect of the company’s workforce, employment equity plan and other records relevant to compliance with this Act.

12.6. UNEMPLOYMENT INSURANCE ACT NO. 63 OF 2002:

12.6.1. Section 56(2)(c) requires a retention period of 5 years, from the date of submission, for the documents mentioned below:

12.6.1.1. Personal records of each of their current employees in terms of their names, identification number, monthly remuneration and address where the employee is employed.

12.7. INFORMATION PERTAINING TO INSTRUCTIONS RECEIVED FROM CLIENTS AND WORK PRODUCT RELATED THERETO

12.7.1. Lawgacy Consulting will keep this information on its systems for at least 5 years. It may keep the information for a longer period to assist Clients who require this information after this period.

13. ACCESS TO, CORRECTION, DELETION AND DESTRUCTION OF INFORMATION

13.1. Clients, personnel and third parties have the right to access the Personal Information Lawgacy Consulting holds about them. Clients and other people whose data Lawgacy Consulting holds also have the right to ask Lawgacy Consulting to update, correct or delete their Personal Information on reasonable grounds. Subject to clause 7.4, once a Client or such other person objects to the Processing of their Personal Information, Lawgacy Consulting may no longer process said Personal Information unless Lawgacy Consulting is obliged to in terms of its contractual obligations. Lawgacy Consulting will take all reasonable steps to confirm its Clients’ identity before providing details of their Personal Information or making changes to their Personal Information;

13.2. If Lawgacy Consulting duly and diligently searches for a record and it is believed that the record either does not exist or cannot be found, the Client or Requester will be notified accordingly. This notification will include the steps that were taken the attempt to locate the record.

14. FORM OF REQUEST

14.1. The requester (which may or may not be a Client) (“Requester”) must use the prescribed form to make the request for access to a record. This must be made to the Information Officer. This request must be made to the address, or electronic mail address of the Information Officer, as set out in clause 5 above.

14.2. The Requester must provide sufficient detail on the request form to enable the Information Officer to identify the record and the Requester. The Requester should also indicate which form of access is required. The Requester should also indicate if it, he or she wishes to be informed in any other manner and state the necessary particulars to be so informed.

14.3. The Requester must identify the right that it, he or she is seeking to exercise or protect and provide an explanation as to why the requested record is required for the exercise or protection of that right.

14.4. If a request is made on behalf of a person, the Requester must submit proof of the capacity in which the Requester is making the request to the satisfaction of the Information Officer.

14.5. The form in which a request to access Personal Information is made can be found in Annexure A at the end of this Privacy Policy.

14.6. The form in which a request to object, correct, delete/destroy Personal Information is made can be found in Annexure B at the end of this Privacy Policy.

15. FEES

15.1. The Information Officer must notify the Requester (other than a personal Requester) by notice, requiring the Requester to pay the relevant fee before further Processing the request. A personal Requester does not pay such fee.

15.2. The Requester may lodge an application to the court against the tender or payment of the request fee.

15.3. The Information Officer will then decide on the request and notify the Requester in the required form.

15.4. If the request is granted then a further access fee must be paid for the search, reproduction, preparation and for any time that had exceeded the prescribed hours to search and prepare the record for disclosure.

16. AVAILABILITY OF THE MANUAL

16.1. The manual is available for inspection at the offices of Lawgacy Consulting free of charge, alternatively a copy may be requested from Lawgacy Consulting’s Information Officer.