Privacy Policy

O’REILLY LAW 

(Registration Number 2018/389648/21)

(“ORL”, “us”, “we”, “our”)

Privacy Statement

(Effective as of January 2021) 

Please read these terms carefully when using or accessing our website (s) or making use of any of the legal advisory services offered by ORL (“Services”).

This Privacy Statement applies to every person (“you”, “user(s)”,”he”, “she” “they”) who accesses or uses the website at  https://oreillylaw.co.za/ or any related application, blog post, software, service, feature, product, program or element provided by or on behalf of ORL in connection with the ORL Services (“the Platform(s))”.  

Introduction and PURPOSE OF privacy STATEMENT 

1. 1. 1. ORL respects the privacy of all users of our Services, including potential and existing clients. We are committed to protecting the privacy of all users of our Platforms and our services in general. We aim to utilise best practice when it comes to the collection and processing of all personal information. 
      2. When we refer to “Personal Information”, or “PI”, we mean personal information as defined in data protection legislation. In particular, the South African Protection of Personal information Act, 2013 (“POPIA”) and the EU General Data Protection Regulation (“GDPR”).  PI includes information about the user (or the data subject) that is personally identifiable such as: your name, address, date of birth, age, gender, email address, company name, company registration number, contact details, phone number(s) and other unique information such as service preferences and contact preferences that are not otherwise publicly available and which ORL either processes as a responsible party (as defined by POPIA) – where ORL decides how your PI is processed – or which is received from another responsible party with whom you have shared your PI and which has been granted permission to share your PI with us as the operator (as defined in POPIA). As an operator, we will act upon the instruction of the responsible party whose privacy policy will be applicable. 
      3. This Privacy Statement describes the way in which we collect, store, use, and protect the Personal Information of data subjects including natural and juristic persons (people and companies) which browse and/or submit enquiries through any of our Platforms or which contact us directly via e-mail or telephonically. 
      4. Our privacy and security measures apply to the way we treat PI communicated to or collected by us in any format whether digital or hard copy, verbal or written. 
      5. Please read this Privacy Statement carefully before submitting any PI to us, using our Services, our Platform (s) or any of the products and related services that we may offer. 

ACCEPTANCE and consent

1. 1. 1. You accept all the terms in this Privacy Statement when you use our website Platform or make use of our Services, and consent to us collecting and processing and storing PI in accordance with this Privacy Statement. By making use of the Platform or engaging our Services, you are expressly opting-in and consenting to us gathering and processing your Personal Information. 

Changes to this PRIVACY statement

1. 1. 1. We may change the terms of this Privacy Statement from time to time in line with any changes that the law or our internal business operations require, without prior notice. It is your responsibility to consider the Privacy Statement each time you use our Platform or engage our Services. If you do not agree with any terms of this Privacy Statement, you must stop using our Platforms and any of our Services. 

PRIVACY LAWS AND PROTECTING YOUR PERSONAL INFORMATION  

1. 1. 1. We will take the necessary steps to protect your privacy, including compliance with POPIA and the GDPR. 
      2.  We have listed your rights that you have under data protection laws.
         1. the RIGHT TO ACCESS – you can ask for copies of your Personal Information; 
         2. the RIGHT TO RECTIFICATION – you can ask us to rectify inaccurate Personal Information and to complete incomplete records of your Personal Information;
         3. the RIGHT TO ERASURE – you can ask us to erase your Personal Information;
         4. the RIGHT TO RESTRICT PROCESSING – you can ask use to restrict the processing of your Personal Information;
         5. the RIGHT TO OBJECT TO PROCESSING – you can object to the processing of your Personal Information;
         6. the RIGHT TO DATA PORTABILITY – you can ask that we transfer your Personal Information to another organisation or to you;
         7. the RIGHT TO COMPLAIN TO A SUPERVISORY AUTHORITY – you can complain about our processing of your Personal Information; and
         8. the RIGHT TO WITHDRAW CONSENT – to the extent that the legal basis of our processing of your Personal Information is consent, you can withdraw that consent. 
         9. These rights are subject to certain limitations and exceptions. You can learn more about the rights of data subjects by visiting https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/

Collecting your Personal Information 

1. 1. 1. We collect and process your PI in the following instances:
         1. When you visit or browse our website or make use of our Platforms;
         2. When you submit an enquiry to us, contact us or request that we contact you; 
         3. When you complete our letter of engagement and submit your FICA information to us; 
         4. during the course of our engagement with you, in providing you with legal advice as a client of the firm.
      2. You provide us with different types of information in order for us to provide the Services or any related products and features to you. We use this Personal Information only for legitimate business purposes which are necessary for us to provide and optimise the Services we offer. 
      3. We will not collect or store your PI without your express consent for any purpose other than: 
         1. responding to an enquiry from you or a request for information.
         2. providing the Services to you or any other related product or service which we may offer. 
         3. communicating with you about legislative or firm related updates unless you opt out of these updates;
         4. improving the functionality and optimising user interaction with our website / Platforms;
         5. validating the accuracy and authenticity of the PI which you share with us;
         6. conducting fraud checks or preventing other illegal activity;
         7. protecting our rights or property (or those of others); and
         8. fulfilling our legal and compliance-related obligations. 
      4. We may also collect information about you from third parties which have your permission to share your PI with us.  

• The Services are not for use by anyone under the age of 16.  ORL does not knowingly collect personally identifiable information from children under the age of 16.  If you are under the age of 16, you must ask your parent or guardian for permission and assistance to use the Services and/or Platform.  If we learn that we have collected Personal Information of a child under 16, we will take the appropriate steps to delete such information from our files as soon as possible.  If you learn that a child has provided us with Personal Information in violation of this Privacy Statement, you can alert us at: info@oreillylaw.co.za and jack@oreillylaw.co.za. 

Information we collect automatically through the use of technology.  

• When you visit our website, we and our business partners may collect certain information about your computer or device through technology such as cookies, web beacons, log files, or other tracking/recording tools. The information we collect through the use of tracking technologies includes, IP address, browser information, referring/exit pages and URLs, click stream data and information about how you interact with links on the website, domain names, landing pages, page views, cookie data that allows us to uniquely identify your browser and track your browsing behavior on our site, mobile device type, mobile device IDs or other persistent identifiers. Some or all of this data may be combined with other personally identifying information described above. We use this information to:

1. 1. 1. 1. remember information so that you will not have to re-enter it during your visit or the next time you visit our website;
         2. Provide custom, personalized content and information, including advertising relating to the Services;
         3. monitor aggregate metrics such as total number of visitors, users, traffic, and demographic patterns;
         4. diagnose or fix technology problems reported by our users or engineers that are associated with certain IP addresses or user IDs. 
      2. We may also collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends for the Services. These tools collect information sent by your browser or mobile device, including the pages you visit, your use of third-party applications, and other information that assists us in analyzing and improving the Services / Platform(s). 
      3. Please note that third parties who advertise on our website, if applicable, may also use cookies, but we do not have access to, or control over them, and therefore cannot take responsibility for them. 
      4. We use Google Analytics. Google Analytics gathers information about the use of our Service / Platform(s) by means of cookies. The information gathered is used to create reports about the use of our Service / Platform(s). You can find out more about Google’s use of information by visiting https://www.google.com/policies/privacy/partners/  and you can review Google’s privacy policy at https://policies.google.com/privacy.   

PURPOSE, UseS AND DISCLOSURE of information

1. 1. 1. Personal Information which you provide to us will only be used for the purposes listed in this Privacy Statement. 
      2. ORL may use your Personal Information to:

• provide and improve the Services and/or any other related products and services to you;

1. 1. 1. 1. manage our relationship with you and third-party service providers;
         2. communicate with you about the Service and any other products, services or support offered by us and to send marketing communications in connection these services and products (unless you have opted out of receiving these updates);
         3. provide support to you in respect of the Service;
         4. measure performance of marketing initiatives;
         5. allow you to participate in surveys;
         6. answer enquiries, provide information, support or advice about the Service, the Platform and any new products or services which we offer;
         7. prevent and detect security threats, fraud or other malicious activity;
         8. Send you emails and newsletters;
         9. process and respond to any complaint made by you.
      2. ORL will not sell, rent or otherwise disclose your Personal Information to any third party without your consent provided that by using the Platform and engaging our Services, you provide your express and informed consent for to disclose your Personal Information to third parties as follows:
         1. to third party companies employed by us to provide services, including for example, website hosting, administration, maintenance and development. These companies require access to your Personal Information to perform their functions and not for any other purposes; 
         2. to third party individuals, companies or entities with which ORL contracts, whether directly or indirectly, to provide the Services where such companies or entities require access to your Personal Information to perform their own regulatory functions and not for any other purposes;
         3. to transfer the ORL client database, including Personal Information contained therein, to any third party who acquires all or substantially all of the assets or shares ORL; 
         4. to governmental agencies, exchanges and other regulatory or self-regulatory organisations if ORL is required to do so by law or if ORL believes that such action is necessary to comply with the law or with any legal process; 
         5. to protect and defend ORL’s rights and property; 
         6. to prevent fraud, abuse, misuse or unauthorised use of the Services and / or Platform.
         7. to protect the personal safety or property of the users of the Platform or Service or the public (if you provide false or deceptive information about yourself or misrepresent yourself as being someone else, we will disclose such information to the appropriate regulatory bodies and commercial entities). 
      3. Our website may connect to various social media sites or apps, including Facebook, Twitter, LinkedIn, Instagram and Google+. If you want to use our website for social media integration, including to create user profiles and login functionality, we will share your information with the relevant social media sites or apps. 
      4. We reserve the right to share non-personal, non-individual information in aggregate form with third parties for business purposes, for example with business associates and partners. You will not be identifiable from such data as such. ORL is not responsible and cannot be held liable for the privacy practices of such third parties.
      5. Demographical and statistical information about user behaviour may be collected and used to analyse the popularity and effectiveness of the website / or Platforms. Any disclosure of this information will be in aggregate form and will not identify individual users.

QUALITY AND PROTECTION OF YOUR INFORMATION

1. 1. 1. 1. You are responsible for the accuracy of the information submitted to us and for ensuring that it is up-to-date, complete and accurate. 
         2. ORL will take all reasonable measures to prevent the destruction, unlawful access and loss of Personal Information including establishing appropriate physical, electronic and managerial procedures to safeguard the Personal Information collected from you. This helps prevent unauthorised access, maintains data accuracy and ensures that Personal Information is used correctly. In order to carry out these security procedures, ORL will ask for proof of identity before Personal Information is disclosed to you:
         3. Please contact ORL by phone or email if you:
            1. require access to any of your Personal Information;
            2. wish to notify ORL of any change, modification or correction to your Personal Information which you are unable to change yourself;
            3. would like to have your Personal Information removed from our records;
            4. believe that someone is impersonating or otherwise unlawfully using your identity.
         4. While every effort will be made to adopt appropriate security procedures to help prevent unauthorised access to your Personal Information, ORL will not be liable for any attempt to hack or crack or otherwise gain access to any of your Personal Information on servers owned and maintained by or on behalf of ORL.

HOW orl STORES INFORMATION COLLECTED FROM YOU 

• Information, including your Personal Information is stored in Dropbox, Clio and on our IT partner servers, hosted in South Africa.  

1. 1. 1. Information is held for as long as you remain a client of the firm, until you request us to delete it, or as long as may be legally required.
      2. Information which you provide to us will be stored electronically and/or in hard copy, with reasonable security measures protecting this information. However, please note that we work with third party contractors, some of which host and operate certain features of the website. By submitting Personal Information to us, you agree to the transfer, storage and processing of your Personal Information as set out in this Privacy Statement. ORL will take all steps reasonably necessary to ensure that your data and Personal Information is treated securely.

CONCERNS AND SECURITY BREACH

1. 1. We will report any security breach to the Information Regulator in South Africa, and the GDPR regulatory body (if applicable) and to the individuals or companies involved.  If you want to report any concerns about our privacy practices or if you suspect any breach regarding your information, kindly notify us by sending an email to info@oreillylaw.co.za and to jack@oreillylaw.co.za. 

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