1. Responsible party
Craig W. A. Webber Attorneys is the responsible party for personal information processed through this website or in connection with its work. Craig W. A. Webber is the proprietor and Information Officer. You can contact him using the details alongside this notice.
This notice is provided under the Protection of Personal Information Act 4 of 2013 (POPIA).
2. Information that may be processed
Depending on the nature of an enquiry or mandate, this may include:
- identity, contact and biographical information;
- family, financial, fiduciary, estate, trust and related legal information;
- information concerning beneficiaries, trustees, executors, advisers, counterparties and other relevant persons;
- correspondence, instructions, documents, billing information and records of professional work; and
- routine technical and security information generated when the website or electronic systems are used, such as an IP address, browser or device information and access records.
Some matters necessarily involve special personal information or the personal information of children. Such information is processed only where the law permits and the matter requires it.
3. Sources and purposes
Information is ordinarily obtained from the person concerned, a professional contact, a prospective or existing client, an authorised representative, another adviser, an executor, trustee, beneficiary, family member, public record or other lawful source. It may be used to:
- respond to professional enquiries and correspondence;
- check for conflicts of interest and whether the practice can accept instructions;
- agree and carry out the work for which the practice is engaged;
- provide legal advice under an accepted mandate and communicate with clients and relevant parties;
- administer estates, trusts, fiduciary matters, accounts and practice records;
- comply with legal, regulatory, professional, tax, accounting and risk-management obligations;
- establish, exercise or defend legal rights; and
- maintain the security, integrity and proper operation of the practice's systems and website.
4. Basis and consequences of processing
Depending on the circumstances, processing may be necessary for a mandate or steps requested before one is concluded, to comply with the law, to protect a legitimate interest of the person concerned, or to pursue the legitimate interests of the practice or another person. It may also take place with consent where consent is the appropriate basis.
Providing information in an initial enquiry is voluntary. If information needed for a response, conflict checks, legal or regulatory compliance, or the proper performance of an accepted mandate is not provided, it may not be possible to respond, consider the enquiry or continue acting.
5. Recipients and service providers
Information is not sold. It may be disclosed, only where appropriate, to courts, regulators, public authorities, the Master of the High Court, professional advisers, correspondent attorneys, banks, insurers, trustees, executors, beneficiaries, counterparties and other persons involved in the matter. The practice also uses operators and service providers for functions such as Google Workspace, LegalEase, website hosting, security, storage and backups. They are required to process information only for authorised purposes and with appropriate safeguards.
6. Processing outside South Africa
Some electronic service providers may process or store information outside South Africa. Where this occurs, reasonably practicable steps are taken to ensure that a transfer is permitted by section 72 of POPIA, including through applicable legal protections or contractual safeguards.
7. Retention and security
Practice records are generally retained for five years after a matter has ended. A record may be kept for longer where required by law, a professional obligation, an agreement, legal proceedings, the nature of an estate or trust matter, or another lawful and necessary purpose.
Reasonable organisational and technical safeguards are used appropriate to the nature of the information. No method of electronic transmission or storage can, however, be guaranteed to be completely secure.
8. Website technologies
The present website does not use advertising trackers or analytics cookies. The hosting and security infrastructure may use essential technologies and create routine technical records needed to deliver and protect the website. This notice will be updated if the website's use of these technologies changes materially.
9. Your rights
Subject to POPIA and the Promotion of Access to Information Act 2 of 2000 (PAIA), you may ask whether the practice holds personal information about you, request access to it, ask for inaccurate or unlawfully held information to be corrected or deleted, or object to processing where the law permits. A request should be sent to craig@webber.law. The practice may need to verify the requester's identity and may refuse or limit a request where authorised by law, including to protect legal professional privilege or another person's rights.
10. Complaints
You can raise a privacy concern with the Information Officer at craig@webber.law. A complaint may also be lodged with the Information Regulator (South Africa): Woodmead North Office Park, 54 Maxwell Drive, Woodmead, Johannesburg, 2191; telephone 010 023 5200 or 0800 017 160; email POPIAComplaints@inforegulator.org.za.
11. Changes to this notice
This notice may be amended when processing activities or applicable legal requirements change. The current version and its effective date will be published on this website.