KIRKCALDY PEREIRA INC PRIVACY POLICY

(In compliance with the PROTECTION OF PERSONAL INFORMATION ACT 4 of 2013 "POPI."  

 

 

Kirkcaldy Pereira Inc is a South African registered incorporated company with registration number 2002/002724/21. It is in the business of providing legal services for various industries in South Africa and abroad.

 

Personal information is collected and stored on behalf of our clients to ensure the smooth operations of their businesses. How users use the information and how that information is used depends on how the users use the services and how they manage your privacy controls.

 

Kirkcaldy Pereira Inc is strongly committed to protecting your privacy and complying with your choices. Both personal and non-personal information collected is safeguarded according to the highest privacy and data protection standards adopted worldwide.

 

We have always had a robust and effective data protection program that complies with existing law and abides by the data protection principles. However, we recognise our obligations in updating and expanding this program to meet the demands of the POPI Act.

 

Our Commitment

 

  • Your information will not be shared, rented, or sold to any third party without your prior consent.

  • We use state-of-the-art security measures to protect your information from unauthorised users.

  • We give you the possibility to control the information that you shared with us (opt-out)

 

Kirkcaldy Pereira Inc is committed to processing data per its responsibilities under the POPI Act.

 

Section 4 of the Protection of Personal Information Act 4 of 2013 (Republic of South Africa) provides conditions for the lawful processing of information by and or a "responsible party" as follows:

 

(1)

(a) "Accountability", as referred to in section 8;

(b) "Processing limitation", as referred to in sections 9 to 12;

(c) "Purpose specification", as referred to in sections 13 and 14;

(d) "Further processing limitation", as referred to in section 15;

(e) "Information quality", as referred to in section 16;

(f) "Openness", as referred to in sections 17 and 18;

(g) "Security safeguards", as referred to in sections 19 to 22; and

(h) "Data subject participation", as referred to in sections 23 to 25.

 

(2)        The conditions, as referred to in subsection (1), do not apply to the processing of personal information to the extent that such processing is—

 

  1. excluded, in terms of section 6 or 7, from the operation of this Act; or

  2. exempted in terms of section 37 or 38 from one or more of the conditions concerned in relation to such processing.

 

(3)        The processing of the special personal information of a data subject is prohibited in terms of section 26 unless the—

 

  1. provisions of sections 27 to 33 are applicable; or

(b)   Regulator has granted authorisation in terms of section 27(2), in which case, subject to section 37 or 38, the conditions for the lawful processing of personal information as referred to in Chapter 3 must be complied with.

 

(4)        The processing of the personal information of a child is prohibited in terms of section 34 unless the—

 

(a)   provisions of section 35(1) are applicable; or

(b)   Regulator has granted authorisation in terms of section 35(2), in which case, subject to section 37, the conditions for the lawful processing of personal information as referred to in Chapter 3 must be complied with.

 

(5)        The processing of the special personal information of a child is prohibited in terms of sections 26 and 34 unless the provisions of sections 27 and 35 are applicable, in which case, subject to section 37, the conditions for the lawful processing of personal information as referred to in Chapter 3 must be complied with.

 

(6)        The conditions for the lawful processing of personal information by or for a responsible party for the purpose of direct marketing by any means are reflected in Chapter 3, read with section 69 insofar as that section relates to direct marketing by means of unsolicited electronic communications.

 

(7)        Sections 60 to 68 provide for the development, in appropriate circumstances, of codes of conduct for purposes of clarifying how the conditions referred to in subsection (1), subject to any exemptions which may have been granted in terms of section 37, are to be applied or are to be complied with within a particular sector.

 

1. Notice

 

We will inform you when information that personally identifies you ("personal information") is asked for, and you will have the choice to provide it or not. Generally, this information is requested when you install, download, or subscribe to any of our product offerings, newsletters, or other online services.

2.What information we collect from you

 

When you interact with us, you may provide us with personal information, or we may collect personal information from you by law (we are required by law to verify the identity of our clients), or under terms of a contract, we have with you (for example by subscribing to our products and services). You can choose not to provide personal information when requested. However, without your requested personal information, we may not be able to provide or continue to provide you with the products and services offered by the Company or allow you full access to our site. If you refuse, we may have to cancel a product and service you have with us, but we will notify you if this is the case. We will only collect, use, store and transfer the minimum personal information that we deem necessary to process for ordinary business purposes.

 

Personal information we collect from you may include:

 

  • Your first and last name or company name, email address, phone number, billing information, VAT registration number, and other contact information, and any other information that you may provide to us via our WebSite or Applications;

 

  • Login and account information for authentication purposes and account access;

 

  • Your marketing preferences;

 

  • Demographic data such as your gender, age, country, and preferred language;

 

  • Data about how you and your PC or device interact with us, including web pages you visit when using our Sites and device, connectivity, and configuration data.

 

  • To send you a quote or invoice, we might collect your publicly available personal information from the Internet.

 

It is not standard practice for us to collect sensitive personal information about you, such as information relating to your health, religion, political beliefs, race, or sexual orientation, except your express consent or unless we are required to do so by law.

 

If we link other data with your personal information as provided to us, we will treat that linked data as personal information.

 

When you interact with us, you may provide us with personal information, or we may collect personal information from you by law (we are required by law to verify the identity of our clients), or under terms of a contract, we have with you (for example by subscribing to our products and services).

 

You can choose not to provide personal information when requested. However, without your requested personal information, we may not be able to provide or continue to provide you with the products and services offered by the Company or allow you full access to our site.

 

If you refuse, we may have to cancel a product and service you have with us, but we will notify you if this is the case. We will only collect, use, store and transfer the minimum personal information that we deem necessary to process for ordinary business purposes.

 

 

3. How we access your personal information

 

We use your personal information for the following purposes:

 

  • you create an account with us;

  • you engage us to provide our  services;

  • we process invoices and payment transactions;

  • we respond to your enquiries and requests;

  • as a result of communications between you and our representatives;

  • we obtain feedback from you about our services;

  • we conduct our administrative and business functions;

  • you register for any of our events, workshops, webinars, and seminars;

  • you subscribe to our mailing lists and newsletters;

  • we market our solutions and services to you

 

4. The purpose for which we may use your personal information.

 

  • to send communications to you;

  • establish, manage, and maintain our business relationships;

  • respond to inquiries and requests;

  • develop, provide, and improve our services;

  • inform you about our services and solutions;

  • obtain feedback from you on our services and solutions;

  • provide you with a more personalised experience when you interact with us;

  • conduct administrative and business functions;

  • update our records and keep contact details up to date;

  • enable you effectively to use and to improve our website or applications,

  • compile website usage statistics;

  • enable you to subscribe to newsletters and mailing lists;

  • enable you to register for our or any of our business partners events, workshops, webinars, and seminars;

  • assess the performance of our Sites and to improve their operation; and

  • send you updates on the latest legal developments.

  • to automatically customise your documents with your information

  • to distribute monthly statements and invoices.

  • to verify your identity for login purposes

  • To comply with any applicable legislation.

 

 

5. Consent

 

When you provide your personal information, you consent that it can be used for the above purposes and that Kirkcaldy Pereira Inc is an authorised holder of such information. When you activate your account, you are providing your consent to receive information from us occasionally. In each communication from us, you will have the opportunity to unsubscribe from further communications; alternatively, you may contact us to express your choices at the address provided at the bottom of this page.

 

6. Access to your information

 

You are entitled to review the personal information you have provided us and ensure that it is accurate and current at all times. To review or update this information, amend this information in your user settings screen.

 

7. Security of information

 

Kirkcaldy Pereira Inc is strongly committed to protecting your information and ensuring that your choices are honoured. We have taken strong security measures to protect your data from loss, misuse, unauthorised access, disclosure, alteration, or destruction. All sensitive data is stored behind multiple firewalls on secure servers with restricted employee access.

 

We guarantee that all e-commerce transactions follow the latest security measures and use the best available technologies. Secure Sockets Layer (SSL) technology is employed when you place online orders or transmit sensitive information. SSL is one of the safest methods of passing information over the Internet.

 

8. Retention of information

 

We retain information only for as long as it is necessary to provide the services requested by you and others, subject to any legal obligations to retain such information further. Information associated with your account will generally be kept until it is no longer necessary to provide the services or until you ask us to delete it or your account is deleted, whichever comes first. Additionally, we may retain information from deleted accounts to comply with the law, prevent fraud, resolve disputes, troubleshoot problems, assist with investigations, enforce the Terms of Use, and take other actions permitted by law. The information we retain will be handled per this Privacy Policy. Finally, your data could also be stored for sales statistical purposes.

 

9. Users' Rights

 

You always have the right to access, rectify, download, or erase your information, as well as the right to restrict and object to specific processing of your information. While some of these rights apply generally, certain rights apply only in certain limited circumstances. We describe these rights below:

 

You have the right to access your personal data and, if necessary, have it amended or deleted, or restricted. In certain instances, you may have the right to the portability of your data. You can also ask us not to send marketing communications and not use your personal data when we carry out profiling for direct marketing purposes. You can opt-out of receiving email newsletters and other marketing communications by following the opt-out instructions provided to you in those emails. Transactional account messages will be unaffected if you opt-out of marketing communications.

 

To request information from us regarding any personal information that we may have stored, you may contact us by email at info@kpinc.co.za. Alternatively, request this information from us from the form available on our website using the following link.

 

 

10. Promotion of Access to Information Act

 

In terms of section 10 of the Promotion of Access to Information Act No. 2 of 2000 ("Act"), the South African Human Rights Commission has published a guide containing information relating to:

  1. obtaining access to a record of a Private Body and the assistance that is available from the South African Human Rights Commission in this regard;

  2. lodging a court application against a decision by the head of a private body;

  3. the fees that are payable for accessing a record; and

  4. the voluntary disclosure of information by private bodies.

The information relating to which records are available for public access and the procedure to be followed to obtain access to the same is available on our PAIA Manual, which can be found on our website.

11. Sharing your information

 

Your information is never shared outside the Company without your permission. Inside the Company, data is stored behind multiple firewalls on secure servers with restricted user access.

 

We may, on occasion, require the help of other companies to provide limited services on our behalf, such, tracing agents, sheriffs, correspondent attorneys, or advocates. We will only provide such companies with the information required to perform these services; these service providers are bound by strict privacy policies and are prohibited from using your information for any other purpose.

 

We may disclose your personal information to third parties on the following basis:

  • Where we have your consent; or

  • Where we are required to do so by law; or

 

In rare instances, Kirkcaldy Pereira Inc may disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to:

 

  • conform to the requirements of any applicable law or comply with a legal process served on Kirkcaldy Pereira Inc;

 

  • protect and defend the rights or property of Kirkcaldy Pereira Inc and its family of websites, software applications, and properties; and

 

  • act in urgent circumstances to protect the personal safety of clients or affiliates of Kirkcaldy Pereira inc, its websites, or the public.

 

12. How to opt-out

 

We provide users with the opportunity to opt-out from receiving updates on our products, newsletters, and other communications from us. You can opt-out by clicking on a link provided in our electronic mailings or contacting us at the address at the bottom of this page.

 

 

13. Does Kirkcaldy Pereira Inc's privacy policy apply to linked websites?

 

Our Privacy Policy applies solely to information collected on our website or from our applications.

 

Our websites or Applications may contain links to the websites of third parties. Kirkcaldy Pereira Inc is not responsible for the actions of these third parties, including their privacy practices and any content posted on their websites. We encourage you to review their privacy policies to learn more about what, why, and how they collect and use personal information. Kirkcaldy Pereira Inc adheres to industry recognised standards to secure personal information in our possession and secure it from unauthorised access and tampering.

 

However, as is true with all online actions, third parties may unlawfully intercept transmissions of personal information, or other users of the site may misuse or abuse your personal information that they may collect from the site.

 

Kirkcaldy Pereira Inc may use third-party advertising companies to serve our ads on the site. Please review our Cookie Policy for all details. These third-party advertising companies may employ cookies and 1x1 pixel. gifs or web beacons to measure and improve the effectiveness of ads for their clients. To do so, these companies may use anonymous information about your visits to our website and other websites. However, they will not collect any information that can personally identify you or be linked to you. This information may include the date and time of the banner ad shown, the banner ad that was shown, their cookie, and the IP address. This information can also be used for online preference marketing purposes.

 

14. Changes to this policy

 

If we make changes to our Privacy Policy, we will post these changes here so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it. If we decide to use your information differently from that stated when it was collected, we will notify you by email.

 

15. Enforcement of policy

 

If, for some reason, you believe Kirkcaldy Pereira Inc has not adhered to these principles, please notify us, and we will do our best to make corrections promptly.

 

16. Questions or comments

 

If you have questions or comments about this privacy policy, please email us or write us at:

Kirkcaldy Pereira Inc 1st Floor Old Farm Centre, 823 Old Farm Road, Faerie Glen Pretoria

 

info@kpinc.co.za

For information about contacting Kirkcaldy Pereira Inc, please visit our contact page.