Privacy & Personal Information Policy

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE OR USING ANY OF OUR SERVICES. BY CONTINUING TO USE THIS WEBSITE YOU UNAMBIGUOUSLY CONFIRM THAT YOU HAVE BOTH READ AND AGREE TO THE TERMS OF THESE TERMS AND CONDITIONS. YOU ARE PROHIBITED FROM THE USE THIS WEBSITE AND/OR OUR SERVICES IF YOU DO NOT ACCEPT THESE TERMS. EVERY SECTION CONTAINED HEREIN IS APPLICABLE TO ALL USERS UNLESS EXPRESSLY STATED OTHERWISE.

We, Brandlaw (Pty) Ltd (“we”, “us”, “Brandlaw”) – with the assistance of Viollier Attorneys – adhere to the highest standards in the protection of the privacy and personal information of users of our Legal services (“Services”) and this website accessible at www.brandlaw.co.za, including any related blogs, applications, tools and platforms (collectively “the Website”).

This Privacy Policy explains how we obtain, use and disclose the information we collect about you through your use of our Website and related Services in compliance with the privacy objectives and principles of the South African Protection of Personal Information Act, No. 4 of 2013 (“POPI”), as amended. 

We reserve the right to amend this Privacy Policy and to remove or add provisions from time to time by way of publication of updated versions on the Website. We recommend that you refer back to it regularly.

This Privacy Policy is applicable to all parts of the Website managed by Brandlaw.

Definitions

“Personal information” is given the meaning provided in the Protection of Personal Information Act 4 of 2013 (“the Act”), for example information or data about an identified or identifiable living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to:

• Information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, wellbeing, disability, religion, conscience, belief, culture, language and birth of the person;
• Information relating to the education or the medical, financial, criminal or employment history of the person;
• Any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person;
• The biometric information of the person;
• The personal opinions, views or preferences of the person;
• Correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;
• The views or opinions of another individual about the person; and
• The name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person, received by the us from any party in any format including, without limitation, electronic, paper, and verbal;

“Website” means this website accessible at www.brandlaw.co.za, including any related blogs, applications, tools and platforms.

Scope & Protection of this Privacy Policy

This Privacy Policy aims to balance our legitimate business interests with your reasonable expectation of privacy. As such, we will take all reasonable steps to prevent unauthorised access to, or disclosure of your Personal Information. However, it is reasonably possible to guarantee that your Personal Information shall be 100% secure at all times.

By using our website and related services, you agree that we can collect, use, disclose, store your personal data, as described in this Privacy Policy.

When we collect your personal information

We collect personal information when you:

• visit our Website or social media channels;
• log an enquiry or submit an application on our Website or through other channels;
• subscribe to our newsletter;
• participate in customer surveys or market research;
• contact us, including via email, message, contact form, phone or other means;
• give consent to a third party to send us personal information about you; and
• make use of our Services;

What personal information we collect

We consider all information that could identify you directly or indirectly as personal information:

• Data we automatically collect:

When you visit and/or use our websites, we automatically collect the personal data provided by your computer, mobile device or other device that gives you access to our websites. This data may be collected using cookies. For more information regarding the use of cookies we refer you to the Cookie Policy below. The collected information consists of the following:

• browser information;
• duration of your visit;
• web pages you visit;
• hyperlinks you select;
• information about your connection, such as your IP-address.

• Personal data you provide

This includes information collected, for example, when submitting your information to us to assist you in obtaining a registered intellectual right, obtaining legal advice, subscribing to our newsletter or other electronic enquiry. The information may include the following.

• Information about your identity: name; address; postal code; place of residence; country; (mobile) phone number; email address, date of birth, ID number, gender, bank account details, VAT number, company name, company registration number, other contact details; other personal information;
• Other unique information such as service preferences and contact preferences that are not otherwise publicly available
• Information about our commercial relationship, your enquiries or communication with us or third parties, your preferences and interest
• Technical information: IP address and navigation through our website

We aim to only process Personal Information of the type that you consent to (for example, in the context of online registration, newsletters, message boards, surveys, polls, professional announcements, SMS, MMS and other mobile services), but, to the extent necessary, your agreement to these this Privacy Policy amounts to your consent as contemplated in section 69 of the Act.

You warrant that the personal information disclosed to us is directly from you as the user on the Website or in connection to the Services, and all such personal information is lawfully yours to provide. You also warrant that any personal information provided to us from a third-party responsible party, was attained from you lawfully and provided to us with your express consent to the relevant responsible party to do so.

You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and, generally, not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.

All payment information submitted through the Website will not be retained by us.

No sensitive information (such as information about racial or ethnic origins or political or religious beliefs, where relevant) will be collected, used or disclosed by us except with your specific consent or in the circumstances permitted by law.

Principles relating to processing of personal information

We adhere to industry standards and the conditions for processing personal information set out in the POPI Act. Accordingly, we process personal information:

• lawfully and in a reasonable manner that does not infringe your privacy;
• that is adequate, relevant and not excessive given the purpose for which it is being processed;
• acquired directly from the you or with your consent;
• as required to carry out actions for the conclusion or performance of a contract to which the you are a party;
• for pursuing and protecting our or your legitimate interests or those of a third party to whom the information is supplied; and
• as required by law.

Why we collect your personal information

We mainly collect your personal information for:​

• Website administration;
• Customer Relationship Management (newsletters, surveys, etc.), the processing of which is made subject to your approval;
• Market analysis and timing (profiling on the basis of your preferences and interests, analyses while navigating through the Website, statistics, reporting, etc.). This processing is made subject to your approval;
• When appropriate, for purposes of prevention and detection of fraud;
• Managing your requests (complaints, right to access, rectify, oppose and removal of
• Personal Information, etc.); and
• To act upon and carry out your instructions or any contracts entered into between you and us.

How we use your personal information

We will use your Personal and Non-Personal Information only for the purposes for which it was collected or agreed with you or on the noted legal grounds, for example:

• To carry out our obligations arising from any contracts entered into between you and us (for example to assist you in obtaining an intellectual property right in South Africa or another country, or providing other legal advice or services). To this end we may need to share your information with any trusted agents in order to give effect to your instructions bearing in mind that we may be unable to represent or work with you if you do not provide us with this personal information. We ask our trusted agents to process your personal information in a manner that is consistent with this policy but may not have insight or may not be able to influence how Intellectual Property offices of foreign jurisdictions process this personal information. Often, as a part of the application or registration process, your personal information will be published in local journals or registers for access by any interested member of the public in association with information relevant to the associated Intellectual Property right;
• For the purpose of obtaining cost estimates from foreign agents or conducting conflict checks
• To our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services). However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us, not for their own benefit and under the same standards as how we operate.
• To external responsible parties who already have your express consent to process and/or attain such personal information from and/or with us
• To our professional services providers (such as our insurers or lawyers where we believe that it is required under our contractual relationship to do so)
• For internal record keeping and evidence
• To refund you for any excess amounts paid we may request your banking details
• For the purpose of our legitimate interest, including marketing purposes
• To provide you with relevant content
• To approach you to promote our products and related services
• To contact you via email, message or phone
• To understand how people are using our websites and related services and to improve our website, including website administration
• To personalise your experience and the content on our website
• To manage your requests (including complaints, right to access, rectify, oppose and removal of personal information)
• To manage customer relationships, including newsletters, surveys, the processing of such information is made subject to your approval
• To comply with legal requirements based on law and regulation, and
• where appropriate for the prevention and detection of fraud.

You can opt out of receiving communications from us at any time. Any direct marketing communications that we send to you will provide you with the information and means necessary to opt out

Do we disclose your personal information?

We will never share your personal information with third parties for marketing purposes.

We do not sell, trade, or otherwise transfer to third parties your personally identifiable information unless we provide you with advance notice, except as described below. However, non-personally identifiable visitor information may be provided to third parties for marketing, advertising, or other uses.

Personal information collecting about you is intended for us and may be communicated to a third party chosen for their expertise and reliability and acting
on our behalf and at our direction (such as IT providers or agents giving effect to legal services). We authorise these third parties to use your personal information only to the extent necessary to perform services on our behalf or to comply with legal requirements and we strive to ensure that your personal information is always protected. ​

We may share your personal information with third parties in accordance with this Privacy Policy and relevant laws and regulations. We solely share your information in the following circumstance:

• We may use third party processors to process your personal information and data or for the purposes listed above.
• We may transfer your personal information to a local agent or a third party who is in a foreign country for the purposes set out above, bearing in mind that we will only initiate such transfers if it is necessary for the performance of a contract between us or for the implementation of a pre-contractual measures taken in response to your request (for example for the purpose of obtaining cost estimates or conducting conflict checks).
• We may disclose your personal information to third parties, if we are required to do so by POPI, court, law, or other legislation. We will endeavour to inform you of such request or legal obligation;
• We will not disclose your personal information to law enforcement, other government officials, or other third parties without a subpoena, court order or substantially similar legal procedure, except when we believe in good faith that the disclosure of information is necessary and legitimate to protect the safety or rights of a third party or to protect our rights.

We will, for as long as your personal information is used, and for a period of 1 (one) year thereafter, keep a record of any third party to whom the personal information was disclosed, the date of disclosure and the purpose of the disclosure..

Cross Border Transfer

The data or information which we collect from you may be transferred to, and stored at, a destination outside the South Africa. It may also be processed by staff or agents operating outside South Africa that work for Us or for one of our affiliates or associates in which case we shall comply with section 72 of POPI to ensure that the personal information is afforded the same or a substantially similar level of data protection as in South Africa. By submitting your personal data and information, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data and information is treated securely and in accordance with this privacy policy. We will not transfer the data and information we collect from you and to a third party outside of South Africa unless:

• the third party is subject to a law, binding corporate rules (as defined in POPI and GDPR) or binding agreement (as defined in POPI and GDPR) which provides an adequate level of protection that is in accordance with this policy and includes provisions that are substantially similar to what is contained in this privacy policy to the further transfer of your data or information;
• you have consented to the transfer; or
• the transfer is necessary for the performance of a contract between us or for the execution of our mandate.

Professional legal privilege 

Communications relating to independent, confidential legal advice provided at our clients’ request by our professionals in their capacity as professional legal advisers is exempt from search and seizure by the Information Regulator in terms of the Act. Confidential information subject to legal privilege will certainly not be shared with any third party.

Retention of personal information:

We will strive keep your personal information only for the time necessary fulfil the purposes of processing of your personal information, for the purposes set out in this privacy policy and in accordance with the provisions in force. As a general rule:

• Your data will be kept for three years from the date of collection or after the last contact or the end of the commercial relationship, unless you do withdraw your consent to this.
• Data to prove a right or a contract or if kept in compliance with a legal obligation can be archived in accordance with the law. We may retain certain personal information related to legal services for purposes of proof, but restrict processing of the personal information by closing any relevant files when we no longer need the personal information for achieving the purpose for which it was collected.

We will delete and/or destroy any personal information which has become obsolete.

You agree that we shall be entitled to retain your personal information for as long as it is necessary and to fulfil the purposes explicitly set out in this policy.You agree that we shall however be entitled to extend the period for which personal information is retained if:

• this is required or authorised by law, we reasonably require the information for a longer period for lawful purposes related to its activities or functions,
• this is required by any contract or to give effect to any mandate between the parties, or
• for statistical or research purposes (subject to appropriate safeguards).

Protection of your personal information

We are committed to protecting the personal information you provide in a variety of ways. We will endeavour to:

• treat your personal information as strictly confidential;
• take appropriate technical and organisational measures, in relation to the nature of data and risks, to preserve the security and confidentiality of your personal information and to ensure that it is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
• promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
• provide you with reasonable evidence of our compliance with our obligations under this Privacy Policy on reasonable notice and request; and
• upon your request, promptly return or destroy any and all of your personal information in our possession or control.

We implement a variety of security measures to maintain the safety of your personal information. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems and are required to keep the information confidential. Our measures may include practices such as retaining your personal information on a secure server protected by a firewall, the transmission of sensitive information (such as financial information) using a Secure Sockets Layer (SSL), internal reviews of our practices and privacy policies and implementation of physical security measures to protect against unauthorized access. ​

Policy relating to minors

This Website is not aimed at minors. We do not knowingly collect or process personal information from persons under the age of 18.

Upon acquiring knowledge of the collection of personal information from any minors without prior authorisation from such minor’s parent or legal guardian, we will take appropriate measures to delete all such personal information from our servers. 

Links to other websites

Where our website has links to websites maintained by us and/or third-parties that may apply other terms & conditions for the processing of personal data. We are not responsible for the content or processing of personal information via these websites or the operation of such websites and you should review the terms and privacy policy applicable to such websites before providing any personal information through such websites. This Privacy Policy does not extend to these websites.

Changes to our Privacy Policy

If we elect to change our privacy policy, we will post those changes on this page. Policy changes will apply only to information collected after the date of the change.

Rights you have over your personal information and data.

IIf you consent and provide us with your email address, phone number or mailing address, you may receive emails, calls or periodic messages from us about our services or upcoming events. You can unsubscribe at any time from our mailing lists by contacting us at the address below or by following the link “unsubscribe” contained in our emails.

You have the right to access, rectify, limit, oppose and delete personal information about you and may request us to restrict the processing of your personal data. You can furthermore withdraw your consent at any time. You may request us to destroy or delete a record of personal information about you that we are no longer authorised to retain. You will be informed of the actions to be taken as soon as possible and in any case no later than one month after your request. However, we reserve the right not to respond to manifestly unfounded or excessive requests. You may submit this request to us by the following email address: [email protected]

Any access request may be subject to a fee to meet our costs in providing you with details of the information we hold about you.

Should you believe that we have processed your personal information contrary to legislation in South Africa as read with this privacy policy, you undertake to first attempt to resolve any concerns by addressing a complaint in writing to the us at our email address. If you are not satisfied with the outcome of such process, you have the right to lodge a complaint with the Information Regulator at [email protected].

If you believe that we have inaccurate, incomplete, out-of-date personal data about you, or if you suspect that we incorrectly processed your personal data, you may ask us at any time to correct that information. Through the above-mentioned contact details or the displayed opt-out-possibilities you may object to the use of your personal data for marketing purposes.

Terms of Use

Please also view our other Terms of Use on this site section establishing the use, disclaimers, and limitations of liability governing the use of our website.

Cookie Policy

This Cookie Policy section is complementary to the Privacy Policy section.

This website uses cookies to improve your experience while navigating through the website.  Out of these cookies the cookies are categorized as essential or non-essential:

• Essential cookies: those used to navigate the website necessary for the basic functioning of the website – these will always be enabled.

• Non-essential: Use of third party cookies that assist in analysing and understanding your use of this website. These cookies will be stored in your browser only with your consent.  You have the option to opt-out of these cookies, although by opting out of some of these cookies may have an effect on your browsing experience.  These cookies are used specifically to collect user personal data via analytics, ads, other embedded contents.

The social media buttons on this website are links to specific social media pages. If you click on a social media button, your personal information will be processed by the specific social media service.

Most browsers allow users to reject all cookies providing a corresponding manual to reject cookies. Please bear in mind that the rejection of cookies may result in a non-functioning website.

Applicable Law

This privacy policy will be 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 privacy policy.

Complaints

If you have a complaint related to the processing of personal information by us, please submit your complaint to [email protected]. We will review complaints and questions within four weeks.

If you are not satisfied with the outcome of the complaint, you may contact your national Data Protection Authority (‘DPA’) and file a complaint if your personal information is misused: [email protected]