PRIVACY POLICY

 

This Privacy Policy (this “Policy”) applies to how MVA Legal (“MVA”) collects, uses and processes personal information.  By accessing www.mvalegal.co.za (the “Site”), any social media platforms managed/conducted by MVA, for any reason whatsoever and in any manner whatsoever, as well as by engaging with MVA or utilsiing the services provided by MVA, you agree that you have read, understand and accept the terms of this Policy. 

 

1. Introduction

MVA conducts its business as a legal services provider, rendering services in person, through the Site, via email and video conference, social media platforms and at its offices situated at 1018 Pioniers Crescent, Candlewoods Estate, Centurion South Africa as well as 8 Walker Bay Crescent, Hermanus, South Africa.

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MVA recognises the importance of your personal information as well as ensuring that such information remains private.  MVA is committed to safeguarding and respecting your personal information in terms of the Protection of Personal Information Act, No. 4 of 2013 (“POPIA”) and ensuring that the use of such information is lawful, reasonable and relevant to MVA business, solely to ensure the improvement of services as well as the manner in which the business is conducted.

 

This Policy explains how MVA collects, uses and processes your personal information as well as your rights in relation to such information. 

 

In the event that you do not agree with any aspect of this Policy and/or the collection, use or processing of your personal information in terms of this Policy and/or by MVA, please do not continue to utilise the Site and/or engage with MVA.

It is recommended that this Policy be read in conjunction with MVA’s terms of use/engagement and/or any other document/agreement between you and MVA, which will apply and be subject to the terms of this Policy, to the extent applicable. 

 

MVA reserves the right to amend this Policy at any time and to publish such amended version of the Site.

Should you have any questions relating to this Policy, please contact MVA appointed Information Officer, Megan Visser, on megan@mvalegal.co.za or at the contacted details listed on the Site. 

 

2. Personal Information

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• Definition

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In this Policy, the term “personal information” means private information about an identifiable living natural person or, where applicable, an identifiable existing juristic person. Personal information does not include information that does not identify you (including in instances where that information has been de-identified so that it does not identify a person).

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• Collection and Use

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MVA collects your personal information in various instances, including when:

1. you provide any such information to MVA.  In such event, you confirm and warrant that the information provided by you is true, accurate and correct as well as that such information is not intended to mislead and/or cause harm to any person;

2. such information is provided from third parties (such as attorneys, regulators, government authorities or any person representing you);

3. you contact MVA requesting information regarding the business conducted by and/or services rendered by MVA;

4. services are rendered by MVA to you;

5. you engage with MVA on the Site, through social media platforms and/or in any other manner that discloses your personal information.

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Any interaction with MVA, either on the Site, in person, via email or video conference or through social media platforms and/or in any other manner that discloses your personal information, will result in MVA collecting your personal information. This information includes, but is not limited to, your name, contact details, the services you require and/or the reason why you require such services from MVA. 

The collection of personal information by MVA enables MVA to render the services to you or to a party with whom you are concluding a transaction, ensures the improvement of the services and the continuous conduct of MVAs business.

MVAs services are not targeted at persons under the age of 18.  In the event that services are rendered to children or information relating to children is provided to MVA, the processing of that information is conducted with the consent of the competent person related to such children.

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You may:

1. at any time opt out of any communication received from MVA, whether by completion of a subscription form or other method.  In such event, MVA cannot be held liable for being unable to provide services to you; and

2. at any time block all cookies on the Site, object to the processing of your personal information by MVA, request MVA to make a correction of your personal information, request access to your personal information as collected by MVA, request restriction on the procession of your personal information by MVA, withdraw consent to the processing of your personal information by MVA and/or request that MVA delete all of your personal information within its possession.  In such instance, MVA may, where permissible by law, refuse to do so.

In the event that you access any third party site from the Site or any link provided by MVA, it is recommend that you read the privacy policy of such site. MVA is not liable for any losses, damages and/or claims arising from the  collection, utilisation and/or processing of your personal information by any third party sites.

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• Purpose for Processing

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MVA may process your personal information (i) to provide services to you, (ii) upon your consent to such utilisation, (iii) to comply with legal and regulatory obligations and (iv) if such processing is permissible by law.

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The purposes for which MVA will process your personal information is, amongst others:

1. rendering its services to you;

2. marketing its services; and

3. communication with persons for MVAs internal purposes, including enabling the internal operation of MVA.

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• Disclosure

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MVA may release and/or disclose your personal information to third parties in certain circumstances including, but not limited to:

1. enable MVA to render its services;

2. when required or authorised by law to do so, including by means of a court order;  or

3. enable MVA to enforce its rights.

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In the event that any of your personal information is disclosed to a party in a different country, that country’s laws may not protect your personal information in the same manner as required under POPIA.  MVA will, in such event, take all reasonable steps to ensure that the recipients of your personal information in other countries have appropriate privacy measures in place.

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• Retention

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MVA will retain your personal information for a period reasonably necessary to satisfy the purpose for which it was collected or for such period as is required by any applicable law.

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3 .Limitation of Liability

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MVA has implemented all reasonable measures to ensure the protection of your personal information from any misuse, loss, unauthorised utilisation/disclosure/access and/or destruction.

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MVA cannot guarantee the full security of your personal information and such information is provided at your sole risk.  MVA will not be held liable for any misuse, loss, unauthorised utilisation/disclosure/access and/or destruction of your personal information unless caused by the gross negligence and willful misconduct of MVA.

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4. General

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This Policy has been prepared in accordance with POPIA. For this reason, this Policy must be read in such a manner that it ensures compliance with POPIA as well as any other applicable laws, including, but not limited to the Consumer Protection Act, No. 68 of 2008.  To the extent that there is any conflict between this Policy and any applicable law, the applicable law will prevail.

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You agree that this Policy and/or any dispute arising in relation hereto, is governed by the law of the Republic of South Africa.

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Any failure by MVA to enforce its rights or any provision of this Policy, should not be deemed to be a waiver of such rights or provision.

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MVA cannot guarantee the full security of your personal information and such information is provided at your sole risk.  MVA will not be held liable for any misuse, loss, unauthorised utilisation/disclosure/access and/or destruction of your personal information unless caused by the negligent and willful misconduct of MVA.