PRIVACY POLICY

1. Introduction

1.1 Bornman Marlow Inc. recognises the sensitive nature of personal information provided to us and the importance of protecting privacy and is committed to safeguarding such information.
1.2 This policy explains how Bornman Marlow Inc. collects, stores and uses personal information and provides information regarding the rights of natural and juristic persons to whom such information relates.
1.3 This Policy applies to all external parties with whom we interact, including but not limited to clients, client representatives, organisations, visitors, and any other person making use of any of our services.
1.4 By providing us with your Personal Information, you agree to the terms and conditions of this Policy, and:
1.4.1 authorise Bornman Marlow Inc. to process your Personal Information as provided in this Policy; and
1.4.2 authorise Bornman Marlow Inc. and any of its Associates, Service Providers and/or other third parties to Process your Personal Information for the purposes as provided in this Policy.
1.5 Bornman Marlow Inc. reserves the right to review and update this Policy from time to time and in our sole discretion. Your continued use of our website after any such said change constitutes your acceptance of any such changes.
1.6 Natural and Juristic persons to whom Personal Information relates is hereinafter referred to as “Data Subjects”. Other defined terms used in this Policy are explained in Annexure A hereto.
1.7 The supply of your Personal Information is voluntary; however, you acknowledge that we cannot complete or provide all services to you if you do not wish to supply such Personal Information.
1.8 This Policy is governed by the laws of the Republic of South Africa. You consent to the jurisdiction of the South African Courts for any dispute which may arise out of this Policy.

2. Collection of Personal Information

2.1 Bornman Marlow Inc. collects Personal Information directly or indirectly, including, but not limited to:
2.1.1 in the course of Bornman Marlow Inc.’s relationship with a Data Subject;
2 1.2 in the course of providing legal, or other services to a Data Subject;
2.1.3 where a Data Subject visits and/or interacts with Bornman Marlow Inc.’s website and/or engage with Bornman Marlow Inc. through our various social media platforms;
2.1.4 where a Data Subject registers to use any of Bornman Marlow Inc.’s legal and related services, including but not limited to, newsletters, seminars and legal updates;
2.1.5 where a Data Subject interacts with any third party content or advertising on the Bornman Marlow Inc. Website; and
2.1.6 where the Personal Information of a Data Subject is made public.
2.2 We may also receive Personal Information about you from third parties, including but not limited to:
2.2.1 Regulators;
2.2.2 Government authorities;
2.2.3 Law enforcement authorities;
2.2.4 Government registries; and
2.2.5 Legal or other representatives of Bornman Marlow Inc. clients’ counterparts.
2.3 Bornman Marlow Inc. may create Personal Information of the Data Subject, including but not limited to interview notes and records of other communication with Bornman Marlow Inc., when a Data Subject:
2.3.1 visits the offices of Bornman Marlow Inc. for any reason whatsoever including, but not limited to interviews when making application for a job with Bornman Marlow Inc.; and/or
2.3.2 attends any events arranged and/or managed by Bornman Marlow Inc., whether at the offices of Bornman Marlow Inc. or otherwise;
2.3.3 subscribes to Bornman Marlow Inc. newsletters and other mailings; and
2.3.4 interactions during the course of digital marketing campaigns created, organised and/or managed by Bornman Marlow Inc. or any third party authorised by Bornman Marlow Inc. to do so on behalf of Bornman Marlow Inc.

3. Purposes of Processing and Legal Basis for Processing

3.1 Bornman Marlow Inc. process Personal Information, for the purpose it was originally collected for, in the ordinary course of business, for the proper general operations of Bornman Marlow Inc., including, but not limited to:
3.1.1 providing legal and related services to clients and the public in general;
3.1.2 management and improvement of Bornman Marlow Inc.’s services to clients and the public in general;
3.1.3 accounts and financial management,
3.1.4 statistical purposes;
3.1.5 internal management and management reporting purposes;
3.1.6 marketing and promotion of Bornman Marlow Inc.’s services to the public;
3.1.7 improving user’s interaction and experience when using Bornman Marlow Inc.’s website and social media pages;
3.1.8 compliance with applicable legal and regulatory obligations;
3.1.9 safety and security purposes;
3.1.10 exercising and defending any legal rights; and
3.1.11 recruitment.
3.2 Bornman Marlow Inc. process Personal Information for a secondary purpose only if such purpose constitutes a legitimate interest and is closely related to the original purpose for which the Personal Information was collected.
3.3 Bornman Marlow Inc. process Personal Information, with the consent of the Data Subject, for a legitimate purpose, and in accordance with applicable law.

4. Categories of Personal Information we may Process

We may process the following categories of Personal Information:
4.1 personal details, and photograph;
4.2 demographic information, including, but not limited to gender, date of birth, age, nationality, salutation, title, and language preferences;
4.3 identification information, including, but not limited to passport or national identity number, utility provider details, bank statements and/or tenancy agreements;
4.4 contact details, including, but not limited to correspondence address, telephone number, email address, and details of your public social media profile(s);
4.5 instruction details, including, but not limited to details of individual instructions to Bornman Marlow Inc., Personal Information included in correspondence, documents, evidence or other materials that are processed in the ordinary course of providing legal and/or related services;
4.6 attendance records, including, but not limited to details of meetings and other events organised and/or managed by or on behalf of Bornman Marlow Inc.;
4.7 consent records, including, but not limited to records of any consents and any related information;
4.8 payment details, including but not limited to billing address, payment method, bank account number or credit card number, invoice records, payment records, SWIFT and IBAN details, payment amounts, payment dates;
4.9 crumbs collected when visiting Bornman Marlow Inc.’s website, including, but not limited to device type, operating system, browser type, browser settings, IP address, language settings, visiting dates and times and other technical information;
4.10 employer details, including, but not limited to the name, address, telephone number and email address of employers; and
4.11 content and advertising data, including, but not limited to records of interactions with our online advertising and content, advertising and content pages, and interaction with such content or advertising (including, but not limited to, mouse hover, mouse clicks and any forms completed).

5. Disclosure of Personal Information to Third Parties

5.1 Bornman Marlow Inc. uses appropriate measures to protect the confidentiality and security of Personal Information released to third parties.
5.2 Bornman Marlow Inc. may release Personal Information under the following circumstances, including, but not limited to:
5.2.1 where required and/or authorised to do so by law and/or in terms of an order of Court;
5.2.2 where required and/or authorised to do so by regulation;
5.2.3 where the Bornman Marlow Inc. website makes use of third party content, advertising and/or plugins;
5.2.4 in order to exercise, enforce and/or defend any of Bornman Marlow Inc.’s rights, where necessary, for purposes of, or in connection with, actual or threatened legal proceedings;
5.2.5 in the event that any portion of Bornman Marlow Inc. or any business assets of Bornman Marlow Inc. is sold or transferred, in full or in part, for any reason whatsoever, and
5.2.6for the purposes of fraud protection and credit risk reduction.

6. Out of Border Transfer of Personal Information

6.1 Borman Marlow Inc. may transfer Personal Information collected to recipients outside of the Republic of South Africa.
6.2 Bornman Marlow Inc.;
6.2.1 recognises that any third party operator, including an Operator who resides in a foreign country, who is contracted to process Personal Information, must be subject to applicable laws and/or binding legal agreements which provide a level of protection similar to the POPIA;
6.2.2 will take all reasonable steps to ensure that the recipient of the data have appropriate privacy measures, with an adequate level of protection, substantially similar to the POPIA in place; and
6.2.3 regularly reviews relationships and agreements with such Operators, to ensure compliance with current legislation.

7. Data Security

7.1 Bornman Marlow Inc. takes all reasonable and appropriate steps to implement adequate technical and organisational security measures, policies and procedures to protect Personal Information:
7.1.1 against accidental or unlawful destruction, loss or alteration;
7.1.2 to avoid unauthorised access; and
7.1.3 to avoid unauthorised access.
7.2 It is specifically pointed out and recorded in this policy that the internet operates on an open system and the transmission of information via the internet can therefore not be completely secured. Bornman Marlow Inc.
implements all reasonable measures to protect Personal Information, but cannot guarantee the security of any information transmitted using the internet and cannot be held liable for any loss of privacy occurring during the course of such transmission.
7.3 Where there are reasonable grounds to believe that Personal Information has been accessed or acquired by any unauthorised person, Bornman Marlow Inc. will notify the relevant regulator as well as the Data Subject, unless a public body responsible for detection, prevention or investigation of offences or the relevant regulator informs us that notifying the Data Subject will impede a criminal investigation.

8. Data Accuracy

Personal Information provided to Bornman Marlow Inc. should be accurate, complete and up-to-date. Should Personal Information change, the onus is on the provider of such data to notify Bornman Marlow Inc. of the change and provide Bornman Marlow Inc. with the accurate data.

9. Data Retention

Bornman Marlow Inc. shall only retain and store Personal Information for the period for which the data is required to serve its primary purpose or a legitimate interest or for the period required to comply with an applicable legal requirement, whichever is longer.

10. Data Subject Rights

10.1 South African laws acknowledge and protect the rights of Data Subjects, including, but not limited to:
10.1.1 the right to access Personal Information;
10.1.2 the right to restrict the use of Personal Information;
10.1.3 the right to erase, amend, delete Personal Information;
10.1.4 the right to object to Personal Information being used;
10.1.5 the right to request a transfer of Personal Information; and
10.1.6 the right to withdraw consent to the use of Personal Information.
10.2 Bornman Marlow Inc. may charge a fee for accessing, amending and/or deleting Personal Information on request of a Data Subject.
10.3 A Data Subject who wishes to exercise their rights as provided in 10.1, should contact Bornman Marlow Inc. at the contact details provided.
10.4 Bornman Marlow Inc. may, in specific circumstances, legally refuse or decline requests made to exercise the Data Subject’s rights.
10.5 A Data Subject who argues that any rights have been infringed may file a complaint with the Regulator.

11. Cookies and Similar Technologies

11.1 Bornman Marlow Inc.’s website process Personal Information by making use of Cookies and similar technologies.
11.2 The use of Cookies improves a visitor’s experience on the Bornman Marlow Inc. website by recording and storing information regarding the device, preferences and browsing habits and facilitates the use of the website.
11.3 Bornman Marlow Inc., subject to obtaining a visitor’s consent, places Cookies onto a visitor’s device, and/or reads Cookies already placed on a visitor’s device, where required, in accordance with applicable law and Process Personal Information through Cookies and similar technologies, in accordance with our Cookie Policy.
11.4 A visitor may disable or decline cookies.

12. Direct Marketing

12.1 Bornman Marlow Inc. make use of marketing and promotional material and communications and process Personal Information for the purposes of providing information regarding Bornman Marlow Inc.’s services.
12.2 A person may opt out from receiving marketing and promotional material and communications at any time by contacting Borman Marlow Inc. or by clicking on the opt-out link provided in such marketing and promotional material and communications.

13. Contact Details

You may contact us at:
The Data Protection Officer Borman Marlow Inc.
Attention: Ilse Marlow
Telephone: +27 12 0545285
Email: admin@bornmanmarlow.co.za