PRIVACY POLICY

1.                   Introduction

1.1                This is the Privacy Notice of Richard Evans & Associates (REAA, us, or our), available at www.reaa.co.za (Website), which applies to the personal information of REAA’s clients, suppliers, business partners, associates, prospective employees, and visitors (you).

1.2                REAA respects privacy rights and complies with all laws in respect of the handling of personal information, including collection, use, storage, sharing and disposal thereof.

1.3                This Privacy Notice helps you understand how REAA handles personal information when you use our Website or interact with us in other ways such as at our offices or over the telephone or email. 

1.4                This Privacy Notice does not apply to any third-party websites which may be accessible through links on our Website. REAA makes no representations or warranties whatsoever about the privacy practices of any third party and does not accept any responsibility for the privacy practices of, or content displayed on, third-party websites. Third-party website providers are responsible for informing you about their own privacy practices. 

2.                   Changes to Privacy Notice 

REAA may change or update this Privacy Notice from time to time. Any updated versions of this Privacy Notice will be posted on our Website and will be effective from the date of posting. Where practical, and at REAA’s discretion, notice of the change will be displayed on our Website.

3.                   What personal information does REAA handle? 

3.1                When used in this Notice, the term “personal information” has the meaning given to it in the Protection of Personal Information Act, 2013 (POPIA). Personal information is any information that can be used to personally identify a natural or juristic person. Special personal information is any information that is considered by law to be particularly sensitive information. This includes information related to your health, sex life, race, ethnic origin, religious or philosophical beliefs, trade union membership, political persuasion and criminal behaviour and biometric information. More restrictions apply to the handling of special personal information and the information of children because they are particularly sensitive.

3.2                We may collect, use, store and otherwise handle by any means (also known as “processing”) the following personal information, whether that information is provided by you or by a third party: 

3.2.1                          Your biographical information ► including your name, gender, date of birth, language, nationality; 

3.2.2                          Your contact information ► including your telephone number(s), physical and/or postal address, email address, country of residence and your contact information;

3.2.3                          Your identification information ► including your national identity details, passport information, company registration number, death, marriage or birth certificate; 

3.2.4                          Financial, legal and qualification information ► including your bank account information, Income Tax Reference Number, Value Added Tax number, credit card information and bank statements, power of attorney relating to you, financial and qualification background checks conducted when you apply to us for employment; 

3.2.5                          Supplier information ► including black economic empowerment status, tender information, references;

3.2.6                          Communications ► including correspondence with you;

3.2.7                          Website information ► including information collected through cookies when you use our Website to which our cookies policy applies, or other information you provide to us when using our website; 

3.2.8                          Special Personal Information ► including: 

3.2.8.1                                     Biometric information such voice recordings of telephone conversations for record and evidentiary purposes; 

3.2.8.2                                     Criminal behaviour and offences namely details of criminal behaviour and offences committed or criminal background checks conducted when you apply to us for employment; and 

3.2.8.3                                     Photographs, video and CCTV footage.

3.2.9                          Personal information of children ► including their biographical information and birth certificates specifically when we instructed to assist in matters where minors may be involved;

3.2.10                       In addition, we may collect any other information relating to you which we lawfully receive, and which may be relevant to your dealings with REAA. If the information that REAA collects personally identifies you, or you are reasonably identifiable from it, REAA will treat it as personal information. 

4.                   Personal Information of third parties 

4.1                You should not disclose the personal information of third parties to REAA unless: 

4.1.1                          there is a reason why REAA needs to have that information; 

4.1.2                          you are permitted by the third party to disclose their personal information to REAA or you must be their parent or guardian; and

4.1.3                          you have brought this Privacy Notice to the attention of the third party. 

4.2                An example of when you may disclose a third party’s personal information to us is when you are instructing us to act on behalf of a third party with their consent or it is necessary for the enforcement of any of right; 

4.3                When you give us the personal information of a third party, please provide a copy of this Privacy Notice to that person so that they can also be made aware of the conditions under which their personal information is handled by us.

4.4                REAA has no way of checking that you have complied with the requirements relating to the disclosure of third party’s personal information and therefore must assume that you have done so.

5.                   How does REAA collect your personal information? 

5.1                REAA collects your personal information directly from you in the following ways, namely when you:

5.1.1                          access to and make use of our Website; 

5.1.2                          visit REAA’s offices; 

5.1.3                          instruct us in a matter; 

5.1.4                          address a query to us;

5.1.5                          interact with us on social media; or through direct messaging systems;

5.1.6                          apply to REAA for employment; 

5.1.7                          communicate with REAA in any way; and 

5.1.8                          have a business relationship with REAA. 

5.2                REAA also collects your personal information from third parties when they engage our services on your behalf or where an agent, employee, caregiver, parent or guardian or referee provides information about you to us and any public information sources.

6.                   What happens if you do not permit REAA to collect your personal information?

If you do not provide REAA with your personal information where REAA requires it, you may not be able to use REAA’s services, do business with REAA, apply to REAA for employment, enter REAA’s premises or access certain portions of the Website and this may restrict your dealings with REAA. 

7.                   For what purposes does REAA handle your personal information? 

7.1                The law permits us to handle personal information where there is a lawful purpose and justification for doing so. Justifications include where we have your consent, where it is necessary to perform or conclude a contract with you, where it is in our or your legitimate interests or where the law requires us to do so. The purposes for which we handle personal information are set out below. 

7.2                We are only permitted to handle your special personal information and the personal information of children under limited circumstances. We will only do so with consent or where we are otherwise permitted by the law.

7.3                We will only handle your personal information for the purposes for which we have obtained it and on a ground of justification stated in POPIA. The purposes include: 

7.3.1                          To manage our relationship with you ► to ensure compliance with laws and to be able conduct our business with you, engage with you or market and provide our services to you, authenticate your identity, to enable us to communicate with you and provide information to you and keep our records updated. 

Justification:

(i)               To comply with the law including, inter alia, the following laws and their regulations: Economic Empowerment Act, 2003; Occupational Health and Safety Act, 1993; Value Added Tax Act, 1991; Consumer Protection Act, 2008; Electronic Communications and Transactions Act, 2002;

(ii)              To conclude or perform in terms of a contract with you;

(iii)            Your consent where we ask for it and no other ground of justification applies. 

7.3.2                          To manage recruitment ► including eligibility for work, processing job applications, vetting, hiring, managing visa and immigration requirements.

Justification: Your consent

7.3.3                          To comply with policies including monitoring ► including in relation to claims, or legal processes or requirements and conducting investigations and incident response. We may conduct limited monitoring in accordance with the Regulation of Interception of Communications and Provision of Communication-related Information Act, 2002 or our IT Policy, or your consent. 

Justification:

(i)               Our legitimate interest;

(ii)              Your consent where we ask for it and no other ground of justification applies.

7.3.4                          To maintain a safe working environment ► we may collect and use personal information to provide a safe and healthy working environment.

7.3.5                          To comply with our legal obligations and to change our business structure ► we collect personal information to comply with various laws and their regulations. We also collect personal information to deal with claims for compensation. We may disclose your personal information in connection with proceedings or investigations anywhere in the world to third parties, such as public authorities, law enforcement agencies, regulators and third-party litigants (these third parties will handle your personal information for their own purposes and not on our instructions).


Justification:

(i)               To enable us to comply with legal obligations;

(ii)              Our legitimate interest. 

7.3.6                          To monitor equal opportunities for prospective employees and our suppliers ► managing race, gender, and disability information as part of our equal opportunities monitoring processes.

Justification:

(i)               To comply with the Broad Based Black Economic Empowerment Act, 2003; 

(ii)             Our legitimate interest. 

7.3.7                To ensure that our fees and disbursements are paid ► to recover any monies owing and payable to us by you and, if necessary, to enforce such recovery through the services of a debt collection agency or taking the appropriate legal action against you to enable us to recover any monies owing and payable to us by you.

7.4                Where we cannot rely on an alternative legal justification for our handling of your personal information above, we will rely on your consent. Where we do so, you are free to withdraw your consent at any time by contacting us. However, where you withdraw your consent, the consequences in section 6 may apply.

7.5                Generally, where you are our supplier, we handle your personal information on the basis that it is necessary to do so in connection with our contract with you. We may also handle your personal information to further our legitimate interests, such as to optimise the working environment, and our other business interests or in terms of the law. In all instances we will have a lawful justification to handle your personal information.

8.                   To whom does REAA disclose your personal information? 

8.1                REAA may disclose your personal information to: 

8.1.1                          our employees, affiliates, contractors or third-party service providers; 

8.1.2                          other attorneys, who provide services to you or with which you may interact as part of your dealings with us; 

8.1.3                          financial institutions; 

8.1.4                          government institutions;

8.1.5                          persons to which we transfer our rights and obligations under our contracts with you; 

8.1.6                          our insurers and our professional advisors, including our accountants, attorneys, business advisors and consultants; 

8.1.7                          employment agencies, past employers or companies that contracted you to us, credit bureaux, anti-fraud agencies, sanctions and politically exposed person screening lists; 

8.1.8                          our suppliers

8.1.9                          law enforcement or regulatory bodies; and

8.1.10                       any other juristic or natural person for any authorised purpose with your consent. 

8.2                We may disclose the personal information of other persons where necessary to our service providers and business partners. 

8.3                We will never sell personal information.

9.                   Does REAA disclose your personal information to anyone outside South Africa?

9.1                Your personal information may be transferred to, or stored in, a country other than South Africa. This may include your personal information being transferred to, and stored with, REAA’s third party suppliers and service providers.

9.2                Where the personal information is transferred outside of South Africa, it will be transferred to a country with suitable protections on personal information or will be transferred subject to an agreement or rules that protect the personal information. 

10.                Direct marketing

10.1            If you are a client of REAA we may send you marketing communications from time to time that may be of interest to you. Each time you receive such a communication from us, there will be a simple and convenient method of opting out of receiving future marketing communications from us. 

10.2            If you are not a client of REAA we may request your permission to send you marketing communications from time to time that may be of interest to you. If you decline the request, REAA will not send you marketing communications.

11.                Security and storage

11.1            We may hold personal information in either electronic or hard copy form. In both cases we will take reasonable and appropriate steps to ensure that the personal information is protected from misuse and loss and from unauthorised access, modification, or disclosure. 

11.2            We keep personal information for as long as we need to achieve the purpose for which it was collected and any other permitted linked purpose (for example your personal information which is relevant to a transaction may be retained until the time limit for claims in respect of the transaction has expired or to comply with regulatory requirements regarding the retention of such information). If personal information is handled for more than one purpose, we will retain it until the purpose with the latest period expires but we will stop using it for the purpose with a shorter period once that period expires. 

11.3            Personal information is destroyed or irreversibly anonymised when no longer needed or when we are no longer required by law to retain it (whichever is the later). 

11.4            We restrict access to the personal information to those authorised persons who need to use it for the relevant purpose(s). 

12.                How can you exercise your rights?

12.1            You have the right to contact us at any time requesting: 

12.1.1                       confirmation that we have your personal information;

12.1.2                       access to the records containing your personal information or a description of the personal information that we hold about you; and

12.1.3                       the identity or categories of third parties who have had, or currently have, access to your personal information. 

12.2            You also have the right to object to our handling of your personal information on reasonable grounds where our justification for doing so is in our or your legitimate interests. 

12.3            When making a request we require adequate proof of identity which will include providing a certified copy of your identity or registration document/s. 

12.4            We will try to provide you with suitable means of accessing information, where you are entitled to it, by for example, posting or emailing it to you. 

12.5            There may be instances where we cannot grant you access to your personal information. For example, if your access would interfere with the privacy of others or would result in a breach of confidentiality, we may need to refuse access. If we refuse access, we will give written reasons for our refusal. 

12.6            If you believe that any personal information that we hold about you is inaccurate, irrelevant, outdated, incomplete or misleading, you may request us to correct it. If you believe that any personal information that we hold about you is excessive or has been unlawfully obtained or that we are no longer authorised to retain the information, you may request that we destroy or delete it. We will consider if the information requires correction, deletion or destruction and if we do not agree that there are grounds for action, you may request that we add a note to the personal information stating that you disagree with it. 

12.7            We may charge a reasonable fee to cover our administrative and other reasonable costs in providing the information to you. We will not charge you for simply making the request or for us making any corrections to the personal information. 

12.8            You also have the right to complain to the Information Regulator where you believe that we are not handling your personal information in accordance with the law. Complaints may be sent to the following email address: complaints.ir@justice.gov.za.

13.                Unlawful access to your personal information

If you believe that your personal information has been unlawfully accessed or acquired, you may contact REAA’s Information Officer using the contact information below and provide details of the incident so that REAA can investigate it. 

14.                Changes to personal information

We are required to take steps to ensure that the personal information we hold is accurate, complete, relevant, not misleading and up to date. Should your personal information (or the personal information you provide) change, you must inform us and provide us with all changes as soon as reasonably possible to enable us to update the personal information. 

15.                Notice to European Users

15.1            REAA is located in South Africa and third parties to which we provide access to your personal information are located worldwide. The personal information you provide to us, may therefore be transferred outside of the European Economic Area, including to countries which may not offer an equivalent level of protection to that in the European Union. Article 49 of the European Union’s General Data Protection Regulation allows for transfer of personal data from the European Union to a third country if the individual has explicitly consented to the transfer of personal information, regardless of the third country’s level of protection. By providing us with personal information, you consent to the transfer of all such information to South Africa and other countries which may not offer an equivalent level of protection to that in the European Union and to the handling of that information in terms of this Privacy Notice. 

16.                Contact information

16.1            If you have any questions about this Privacy Notice, or you wish to update your personal information or exercise any of your data subject rights you may contact REAA’s Information Officer at: popia@reaa.co.za .          

16.2            When contacting us, please provide your name and other identifying information that you know we have in connection with you and a means through which we may reply to you (preferably an email address) so that we can deal with your communication efficiently.