Responsible Party: Hermanus & Lawrence
Location: Paarl, Western Cape, South Africa
1. Introduction
Hermanus & Lawrence respects your privacy and is committed to protecting your personal information in accordance with the Protection of Personal Information Act, 4 of 2013, commonly known as POPIA.
This Privacy Policy explains how we collect, use, store, disclose and protect personal information when you visit our website, contact our firm, request a consultation, submit information through our online forms, or engage us for legal services.
By using our website or providing personal information to us, you acknowledge that you have read and understood this Privacy Policy.
2. Who We Are
Hermanus & Lawrence is a South African law firm based in Cape Town. For purposes of POPIA, Hermanus & Lawrence is the responsible party in respect of the personal information we collect and process.
Our contact details are:
- Hermanus & Lawrence
- Address: 3a Klappertjie Street, Klein Nederburg, Paarl, 7646
- Email: info@hlattorneys.co.za
- Telephone: 068 379 8577
- Information Officer: To be confirmed
- Information Officer Email: info@hlattorneys.co.za
3. Personal Information We Collect
We may collect personal information directly from you when you contact us, complete an online form, request legal assistance, consult with us, instruct us, or communicate with us by email, telephone, WhatsApp or other channels.
The personal information we may collect includes:
- Your full name and surname
- Contact details, including email address, telephone number and physical address
- Identity number, passport number or other identifying information
- Information about your legal matter
- Financial information where relevant to your matter
- Employment, family, property, business or court-related information
- Documents, correspondence, evidence or records you provide to us
- Information relating to litigation, criminal matters, divorce, evictions, wills, estates or other legal services
- Website usage information, cookies, IP address, browser type and device information
In some matters, we may process special personal information, such as information relating to children, health, criminal allegations, legal proceedings, financial distress, family circumstances or other sensitive matters. We will only process such information where legally permitted and where necessary for the legal services we provide.
4. How We Collect Personal Information
We may collect personal information from:
- You directly
- Your authorised representative
- Courts, tribunals, regulatory bodies or public offices
- Other attorneys, advocates, correspondents or legal representatives
- Opposing parties or witnesses
- Publicly available records
- Employers, financial institutions, estate agents or other third parties where relevant
- Website contact forms, analytics tools and cookies
- Documents and information you submit to us
Where possible, we collect personal information directly from you. In some legal matters, it may be necessary to collect information from third parties or official sources.
5. Why We Process Personal Information
We process personal information for lawful and legitimate legal, administrative and business purposes, including to:
- Respond to enquiries and consultation requests
- Assess whether we can assist with your legal matter
- Conduct conflict checks
- Open and manage client files
- Provide legal advice and representation
- Draft legal documents, pleadings, agreements and correspondence
- Prepare for court proceedings, negotiations, mediation or settlement discussions
- Communicate with clients, courts, counsel, correspondents and third parties
- Comply with court rules, professional obligations and applicable laws
- Process billing, payments and accounting records
- Maintain internal records and matter files
- Improve our website, services and client communication
- Protect our rights, our clients’ rights and the integrity of legal proceedings
We will not process your personal information for purposes unrelated to the above unless we are legally permitted to do so or you have given appropriate consent.
6. Legal Basis for Processing
We process personal information where:
- You have consented to the processing
- Processing is necessary to provide legal services to you
- Processing is necessary to comply with a legal obligation
- Processing is necessary for the establishment, exercise or defence of legal rights
- Processing is necessary for the proper administration of justice
- Processing protects a legitimate interest of our firm, our clients or a third party
- Processing is permitted or required under POPIA or another applicable law
7. Attorney-Client Relationship and Confidentiality
Submitting information through our website or contacting us does not automatically create an attorney-client relationship. An attorney-client relationship is created only once Hermanus & Lawrence has agreed to act for you and the necessary engagement process has been completed.
We treat information received from clients and prospective clients with appropriate confidentiality. Where legal professional privilege applies, we will respect and protect that privilege in accordance with South African law.
You should avoid sending highly sensitive or urgent information through the website contact form unless necessary. For urgent matters, you should contact our office directly.
8. Sharing of Personal Information
We may share personal information where necessary for the purposes set out in this Privacy Policy, including with:
- Courts, sheriffs, tribunals and regulatory bodies
- Advocates, correspondent attorneys and legal consultants
- Opposing attorneys or parties where required in legal proceedings
- Experts, mediators, investigators or professional advisers
- Service providers who assist with IT, hosting, accounting, document management, communication or administration
- Banks, payment providers or financial institutions
- Government departments or public bodies where legally required
- Any person or entity where disclosure is required by law, court order or legal process
We require third-party service providers to handle personal information securely and only for authorised purposes.
9. Cross-Border Transfers
Some of our service providers, software platforms, cloud storage providers or communication tools may process or store information outside South Africa.
Where personal information is transferred outside South Africa, we will take reasonable steps to ensure that appropriate safeguards are in place and that the transfer is permitted under applicable data protection law.
10. Website Cookies and Analytics
Our website may use cookies and similar technologies to improve functionality, analyse website traffic and understand how users interact with our website.
Cookies may collect information such as your IP address, browser type, device information, pages visited and time spent on the website.
You can disable cookies through your browser settings. However, some parts of the website may not function properly if cookies are disabled.
11. Direct Marketing
We may send you legal updates, firm news or service-related communication where permitted by law.
You may opt out of direct marketing communication at any time by using the unsubscribe option provided or by contacting us directly.
We will not sell your personal information to third parties for marketing purposes.
12. Security of Personal Information
We take reasonable technical and organisational measures to protect personal information against loss, misuse, unauthorised access, disclosure, alteration or destruction.
These measures may include secure systems, access controls, confidentiality obligations, staff awareness, password protection, data backups and appropriate document management practices.
However, no electronic transmission or storage system is completely secure. While we take reasonable steps to protect personal information, we cannot guarantee absolute security.
13. Retention of Personal Information
We retain personal information only for as long as necessary for the purposes for which it was collected, unless a longer retention period is required or permitted by law.
Legal matter files, accounting records, court documents and professional records may need to be retained for statutory, professional, regulatory or legitimate legal reasons.
When personal information is no longer required, we will take reasonable steps to delete, destroy or de-identify it securely.
14. Your Rights
Subject to applicable law, you may have the right to:
- Ask what personal information we hold about you
- Request access to your personal information
- Request correction of inaccurate, outdated or incomplete information
- Request deletion of information where we are no longer authorised to retain it
- Object to certain processing of your personal information
- Withdraw consent where processing is based on consent
- Lodge a complaint with the Information Regulator
To exercise your rights, please contact our Information Officer using the details provided in this Privacy Policy.
We may require proof of identity before responding to any request.
15. Information Regulator
If you believe that your personal information has been processed unlawfully or that your rights under POPIA have been infringed, you may contact the Information Regulator South Africa.
- Information Regulator South Africa
- https://inforegulator.org.za/
16. Links to Other Websites
Our website may contain links to third-party websites. Hermanus & Lawrence is not responsible for the privacy practices, content or security of external websites.
You should review the privacy policies of any third-party websites you visit.
17. Updates to This Privacy Policy
We may update this Privacy Policy from time to time to reflect changes in our legal obligations, business practices or website functionality.
The updated version will be published on our website with a revised effective date.
18. Contact Us
If you have any questions about this Privacy Policy or how we process personal information, please contact us:
- Hermanus & Lawrence
- Email: info@hlattorneys.co.za
- Telephone: 068 379 8577
- Address: 3a Klappertjie Street, Klein Nederburg, Paarl, 7646