Privacy Policy

​​​​​​​THIS WEBBER WENTZEL PRIVACY POLICY ("PRIVACY POLICY") APPLIES TO HOW WE COLLECT, USE AND PROCESS YOUR PERSONAL INFORMATION AND, IN SOME INSTANCES, SPECIAL PERSONAL INFORMATION. PLEASE READ THIS PRIVACY POLICY CAREFULLY.

1.1.1 Webber Wentzel ("WW" or "we" or "us" or "our") conducts its business as a law firm with offices in Johannesburg (90 Rivonia Road, Sandton, Johannesburg) and Cape Town (15th Floor Convention Tower, Heerengracht Foreshore, Cape Town). WW is a responsible party (or data controller, in some jurisdictions) in respect of your Personal Information (as defined in clause 3.1 below), and Special Personal Information (as defined in clause 4.1  below), which means that WW determines the purpose of and means for processing your Personal Information.

1.1.2 WW is committed to protecting and respecting your privacy.  We strive to ensure that our use of your Personal Information is lawful, reasonable, and relevant to our business activities, with the ultimate goal of improving our services and your experience.

1.1.3 We have appointed an Information Officer who is responsible for overseeing questions in relation to the Privacy Policy. You may contact our Information Officer at dataprotection@webberwentzel.com to discuss this Privacy Policy or your rights under data protection legislation that is applicable to you.

1.1.4 This Privacy Policy describes how we will treat your Personal Information, whether provided by you to us, or collected by us through other means when you engage with us, in your ordinary use of our products and services, in providing us with your products and services, or in accessing our website (the "Website").

1.1.5 This Privacy Policy must, as is appropriate, be read together with WW's Website Terms of Use (accessible here) (the "Terms") and any other documents or agreements between WW and you (the "Agreements") that describe the manner in which we, in specific circumstances, collect or process Personal Information about you. This will enable you to understand the manner in which WW will process your Personal Information. This Privacy Policy supplements such Terms and Agreements, but does not supersede them and in the event of any conflict, ambiguity or inconsistency between this Privacy Policy, the Terms and/or the Agreements, such documents shall be construed in the following order of priority:

1.1.6 this Privacy Policy;

1.1.7 the Terms; and

1.1.8 the Agreements.

1.2.1 We may collect, get, receive, record, organise, collate, store, update, change, retrieve, read, process, use and share your Personal Information in the ways set out in this Privacy Policy. When we do one or more of these actions with your Personal Information, we are "Processing" your Personal Information (and "process" has a corresponding meaning).

1.2.2 If you are concerned about any aspect of this Privacy Policy as it relates to your Personal Information, please do not continue to engage with us, use our Website or our products and services.

1.2.3 We may, where permitted or required to do so by applicable law, process your Personal Information without your knowledge or permission, if sufficient grounds of justification are present, and we will do so in accordance with the further provisions of this Privacy Policy.

3.2.1 Identity Information, which includes information concerning your name, username or similar identifier, marital status, title, occupation, interests, date of birth, gender, race and legal status, as well as copies of your identity documents, photographs, identity number, registration number and your qualifications;

3.2.2 Contact Information, which includes your billing addresses, delivery addresses, e-mail addresses and telephone numbers;

3.2.3 Financial Information, which includes bank account details; details of funds which we invest and hold on your behalf for a matter, insurance information, financial statements, tax clearance certificates and VAT registration numbers;

3.2.4 Transaction Information, which includes details about payments made to or received from you and company information, which may consist of financial activity;

3.2.5 Technical Information, which includes your internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access the Website or to use our products and services or engage with us;

3.2.6 Usage Information, which includes information as to your access to and use of the Website, products and services, such as what links you went to, what content you accessed, the amount of content viewed and the order of that content, as well as the amount of time spent on the specific content and what products and services you access and use when engaging with WW;

3.2.7 Location Information, which includes geographical information from your Access Device (which is usually based on the GPS or IP location); and

3.2.8 Marketing and Communications Information, which includes your preferences in respect of receiving marketing information from us and our third parties, and your communication preferences.

5.1.1 racial and ethnic information may be processed by WW through CCTV cameras installed at WW premises for safety and security reasons;

5.1.2 as part of the recruitment and hiring process, we may process information relating to your criminal behaviour;

5.1.3 we may process information pertaining to your political persuasion as part of the know your client (KYC) processes and customer due diligence (CDD) checks;

5.1.4 we may process information relating to your health as part of our screening processes when accessing our premises, in order to comply with Covid-19 regulations and protocols; and

5.1.5 we may process information which indicates your religious beliefs (for example, when you attend events organised by WW, we may ask you for your dietary requirements, and this may indicate your religious beliefs).

6.1.1 through direct or active interactions with you;

6.1.2 through automated or passive interactions with you;

6.1.3 from third parties and public sources; and

6.1.4 CCTV.

6.2.1 We may require that you submit certain information:

6.2.1.1 to enable you to access portions of the Website;

6.2.1.2 to subscribe to our publications;

6.2.1.3 to request marketing or information about our events to be sent to you;

6.2.1.4 to apply for job opportunities;

6.2.1.5 to make contact with our partners and employees;

6.2.1.6 to grant you access to our premises;

6.2.1.7 to enable you to facilitate the conclusion of an agreement with us; and

6.2.1.8 that is necessary for our fulfilment of our statutory or regulatory obligations.

6.2.2 We also collect Personal Information directly from you when you communicate directly with us, for example when you complete certain application forms (including client onboarding forms such as KYC forms CDD checks, and vendor forms), via e-mail, telephone calls, feedback forms, registering for and attending events, giving us your business card, site comments or forums.

6.2.3 If you contact us, we reserve the right to retain a record of that correspondence in accordance with our Record Retention Policy and applicable data protection legislation, which may include Personal Information.

6.2.4 The Personal Information that we actively collect from you may include any of the Personal Information listed in clause 3.2 of this Privacy Policy and, in some instances, certain Special Personal Information listed in clause 5.1 of this Privacy Policy.

6.3.1 We may passively collect certain of your Personal Information from the Access Device that you use to access and navigate the Website, by way of various technological applications, for instance, using server logs to collect and maintain log information.

6.3.2 We also use cookies and anonymous identifiers which enable our computer system to recognise you when you next visit the Website to distinguish you from other users and to improve our service to you, and which can be used to enhance the content of the Website and make it more user-friendly, as well as to give you a more personalised experience.

6.3.3 A cookie is a small piece of data (an alphanumeric identifier) which our computer system transfers to your Access Device through your web browser when you visit the Website and which is stored in your web browser. When you visit the Website again, the cookie allows the site to recognise your browser. Cookies may store user preferences and other information.

6.3.4 You may disable the use of cookies by configuring your browser to refuse all cookies or to indicate when a cookie is being sent. However, please note that some parts of the Website will not function properly if you refuse cookies and you may not be able to enjoy all of the features and functionality of the Website.

6.3.5 The Personal Information that we passively collect from your Access Device may include your Identity Information, your Contact Information, your Technical Information, your Profile Information, your Usage Information, your Location Information and your Marketing and Communications Information, or any other Personal Information which you permit us, from time to time, to passively collect from your Access Device.

7.1.1 to provide legal services to our clients;

7.1.2 in relation to matter-related documents and information, for legal research, referencing and drafting (i.e. documents are re-used for know-how purposes);

7.1.3 to invest funds on behalf of our clients;

7.1.4 to comply with our regulatory reporting obligations;

7.1.5 to comply with our statutory obligations, including client identification and verification as part of our KYC and CDD obligations, and screening clients and visitors' health when accessing our premises to comply with Covid-19 regulations and protocols;

7.1.6 to conduct the recruitment and hiring processes, which includes conducting criminal record and credit checks (where appropriate), the capturing of a job applicant's details and providing status updates to job applicants;

7.1.7 in relation to supplier information, to create supplier profiles on our systems, pay suppliers, and for general supplier administration;

7.1.8 to maintain and improve the Website and to improve the experience of our Website users, including by requesting feedback from our Website users on our products and services and to facilitate the procurement of our products and services.

7.1.9 to retain and make information available to you on the Website;

7.1.10 to maintain and update our client, or potential client databases;

7.1.11 to maintain and update our supplier database;

7.1.12 to establish and verify your identity on the Website;

7.1.13 to operate, administer, secure and develop the Website and the performance and functionality of the Website;

7.1.14 to detect, prevent or manage actual or alleged fraud, security breaches or the abuse, misuse or unauthorised use of our systems and files, the Website and/or contraventions of this Privacy Policy and/or the Terms and/or the Agreements;

7.1.15 to inform you about any changes to the Website, this Privacy Policy or other changes that are relevant to you;

7.1.16 to create user profiles, compile and use statistical information (including non-personal information) about you and other users and their access to the Website and to analyse and compare how you and other users make use of the Website, including (without limitation) their browsing habits, click-patterns, preferences, frequency and times of use, trends and demographic information including recommendations to users and tailoring information and content for users;

7.1.17 to conduct market research surveys;

7.1.18 to offer you information and content which is more appropriately tailored for you as far as reasonably possible;

7.1.19 to provide you with the latest information about our products and services or events provided that you have agreed to receive such information;

7.1.20 for security, administrative and legal purposes;

7.1.21 for client relations purposes, which may include storage of clients' marital status and birthdates;

7.1.22 pitching, opportunity tracking and reporting;

7.1.23 campaign tracking and reporting;

7.1.24 to communicate with you and retain a record of our communications with you and your communications with us;

7.1.25 to fulfil any contractual obligations that we may have to you or any third party;

7.1.26 to invite you to webinars, functions or events that we may host alone or in conjunction with our alliance partners, affiliated firms or other law firms with whom WW has collaboration arrangements;

7.1.27 to analyse and compare the types of Access Devices that you and other users make use of and your physical location; and

7.1.28 for other activities and/or purposes which are lawful, reasonable and adequate, relevant and not excessive in relation to the provision of our services and/or the use of the Website, our business activities or such other purpose for which it was collected.

8.1.1 your name and surname;

8.1.2 your contact details, such as your email address and/or your telephone number.

8.2.1 financial (including bank account details, tax information);

8.2.2 names and registration numbers as contained in documents issued by the Companies and Intellectual Property Commission and the South African Revenue Service; and

8.2.3 information which may be necessary to ensure our compliance with the Financial Intelligence Centre Act, 38 of 2001.

9.2.1 with our agents, advisers and suppliers that have agreed to be bound by applicable data protection legislation and this Privacy Policy or similar terms, which offer the same level of protection as this Privacy Policy;

9.2.2 with WW's alliance partners, affiliated firms or other law firms with whom we have collaboration arrangements, to invite you to webinars, functions or events that we may jointly host, where you have subscribed to receive such communications. Such alliance partners, affiliated firms or other firms may be located outside of South Africa, and in such circumstances, we will comply with clauses 10.3 and 10.4 below;/p>

9.2.3 with our employees, suppliers, consultants, contractors and agents if and to the extent that they require such Personal Information in order to process it for us and/or in the provision of services for or to us, which include know-how and research, pitching to other clients to obtain further instructions; reporting purposes (e.g. the South African Revenue Service); hosting, development and administration, technical support and other support services relating to the Website or the operation of our business. We will authorise any Personal Information processing done by a third party on our behalf, amongst other things by entering into written agreements with those third parties governing our relationship with them and containing confidentiality; non-disclosure and data protection provisions. Such persons may be disciplined, their contracts terminated or other appropriate action taken if they fail to meet their obligations;

9.2.4 to enable us to enforce or apply our Terms and/or any Agreement you have with us;

9.2.5 to enable us to monitor web traffic: web servers serving the website automatically collect information about pages you visit. This information is used for internal review, to tailor information to individual visitors and for traffic audits;

9.2.6 for statistics purposes: we may perform statistical analyses in order to measure interest in the various areas of the Website (for product development purposes);

9.2.7 to protect our rights, property or safety or that of our clients, employees, contractors, suppliers, agents and any other third party;

9.2.8 with governmental agencies and other regulatory or self-regulatory bodies, if required to do so by law or when we reasonably believe that such action is necessary to:

9.2.8.1 comply with the law or with any legal process;

9.2.8.2 protect and defend the rights, property or safety of WW, or our clients, employees, contractors, suppliers, agents or any third party;

9.2.8.3 detect, prevent or manage actual or alleged fraud, security breaches, technical issues, or the abuse, misuse or unauthorised use of the Website and/or contraventions of this Privacy Policy; and/or

9.2.8.4 protect the rights, property or safety of members of the public (if you provide false or deceptive information or misrepresent yourself, we may proactively disclose such information to the appropriate regulatory bodies and/or commercial entities).

10.1.1 our premises, in the form of hard copies;

10.1.2 the premises of third party service providers such as document storage service providers;

10.1.3 our servers; or

10.1.4 on the servers of our third party service providers, such as IT systems or hosting service providers.

12.2.1 we are required or permitted by law, a code of conduct or a contract with you to do so;

12.2.2 we reasonably need it for lawful purposes related to the performance of our functions and activities;

12.2.3 we reasonably require it for evidentiary purposes; or

12.2.4 you agree to us retaining it for a specified further period.

14.1.1 Block all cookies, by setting your browser to do so, including cookies associated with our products and services or to indicate when a cookie is being sent by us.

14.1.2 Request access to your Personal Information (commonly known as a “data subject access request”), which indicates what Personal Information we have about you.

14.1.3 Request the correction of your Personal Information, in order to ensure that any incomplete or inaccurate Personal Information is corrected.

14.1.4 Request erasure of your Personal Information, where there is no lawful basis for the retention or continue​d processing of it.

14.1.5 Object to the processing of your Personal Information for a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms.

14.1.6 Request restriction of processing of your Personal Information. This enables you to ask WW to suspend the processing of your Personal Information in limited circumstances, which may differ by jurisdiction.

14.1.7 Withdraw consent which you previously gave to the processing of your Personal Information at any time. You may withdraw your consent for us to process your Personal Information at any time. The withdrawal of your consent can only be made by you on condition that such withdrawal of your consent:

14.1.7.1 does not affect the processing of your Personal Information before the withdrawal of your consent; or

14.1.7.2 does not affect the processing of your Personal Information if the processing is in compliance with an obligation imposed by law on us; or

14.1.7.3 does not affect the processing of your Personal Information where such processing is necessary for the proper performance of a public law duty by a public body; or

14.1.7.4 does not affect the processing of your Personal Information as required to finalise the performance of a contract in which you are a party; or

14.1.7.5 does not affect the processing of your Personal Information as required to protect your legitimate interests or our own legitimate interests or the legitimate interests of a third party to whom the information is supplied.

14.1.8 Withdrawal of consent may limit our ability to provide certain products and services to you or the ability of a third party to provide certain products or services to you, but will not affect the continued processing of your Personal Information in instances in which your consent is not required.

14.1.9 Institute civil proceedings regarding an alleged interference with the protection of your Personal Information processed in accordance with this Privacy Policy.

19.2.1 does or purports to limit or exempt us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or willful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption;

19.2.2 requires you to assume risk or liability for the kind of liability or loss, to the extent that the law does not allow such an assumption of risk or liability; or

19.2.3 limits or excludes any warranties or obligations which are implied into this Privacy Policy by the Consumer Protection Act (to the extent applicable), POPIA (to the extent applicable), or other applicable laws or which we give under the Consumer Protection Act (to the extent applicable), POPIA (to the extent applicable), or other applicable laws, to the extent that the law does not allow them to be limited or excluded.

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