Disclaimer and Privacy Policy

1. Website Disclaimer

1.1 General information only

The information published on this website is provided for general information purposes only.

Nothing on this website is intended to constitute legal advice, a legal opinion, a recommendation, or a substitute for advice from an attorney who has been properly instructed on the relevant facts and documents.

Legal matters are fact-specific. You should obtain professional legal advice before acting, or refraining from acting, on the basis of any information displayed on this website.

1.2 No attorney-client relationship

Your use of this website, your reading of any content published on it, or your submission of an enquiry through it does not, by itself, create an attorney-client relationship between you and Mendelson Attorneys Inc, trading as Mendelsons Attorneys.

An attorney-client relationship will arise only once we have completed our required client-onboarding procedures, accepted your instruction, and agreed the terms of our mandate in writing.

1.3 Limitation of liability

While we take reasonable steps to ensure that the information on this website is accurate and current, we do not warrant that it is complete, up to date, or suitable for your particular circumstances.

To the fullest extent permitted by law, Mendelson Attorneys Inc, its directors, attorneys, consultants, employees, agents and representatives will not be liable for any loss, liability, damage, cost or expense arising from, or connected with, reliance on any content published on this website without first obtaining specific legal advice.

1.4 Third-party links

This website may contain links to third-party websites or external resources. These links are provided for convenience only.

We do not control, endorse or accept responsibility for the content, security, privacy practices or availability of any third-party website. You access third-party websites at your own risk.

1.5 Email disclaimer

Any email sent by Mendelson Attorneys Inc, or by any of its directors, attorneys, employees, consultants or representatives, may contain confidential information and may be subject to legal professional privilege.

If you are not the intended recipient of an email from us:

  1. you may not read, copy, distribute, disclose, rely on, or otherwise use its contents;

  2. you must notify the sender immediately; and

  3. you must delete the email and any attachments from your system.

Although we take reasonable precautions, email transmission cannot be guaranteed to be secure, error-free or free from viruses. We do not accept liability for any loss or damage arising from the transmission or receipt of email, except where liability cannot lawfully be excluded.

1.6 Banking details and cyber-fraud warning

Mendelsons Attorneys will never notify you of a change to our banking details by ordinary email alone.

If you receive any communication purporting to advise you of new or amended banking details for Mendelsons Attorneys, do not make payment until you have verified those details telephonically with a known member of our firm using contact details independently known to you.

You are responsible for verifying banking details before making payment. Mendelsons Attorneys will not be liable for losses arising from payments made into an incorrect or fraudulent bank account where banking details were not properly verified.

Privacy Policy

2. Introduction

Mendelson Attorneys Inc, trading as Mendelsons Attorneys, respects privacy and is committed to protecting personal information in accordance with applicable data-protection laws, including the Protection of Personal Information Act 4 of 2013, commonly known as POPIA.

This privacy policy explains how we collect, use, store, share, retain and protect personal information when we provide legal services, operate our website, communicate with clients and prospective clients, engage with suppliers and service providers, and conduct our business.

Where this policy refers to “personal information”, it includes personal information as defined in POPIA. This includes information relating to identifiable living natural persons and, where applicable, identifiable existing juristic persons.

Where applicable, this policy applies together with our engagement letter, mandate and fee agreement, terms of business, PAIA manual, and any other agreement or notice provided to you.

3. Who we are

For purposes of this policy, “Mendelsons Attorneys”, “we”, “us” and “our” refer to Mendelson Attorneys Inc, trading as Mendelsons Attorneys.

Our contact details are:

Mendelsons Attorneys
Telephone: +27 10 446 5750
Email: jeff@mattorneys.net

Our Information Officer is Jeff Mendelson.

Queries relating to this policy, personal information, data-subject rights or privacy complaints may be directed to:

Jeff Mendelson
Email: jeff@mattorneys.net
Mobile: +27 83 634 4003

4. Application of this policy

This policy applies to personal information that we process in connection with:

  1. our legal services;

  2. our website;

  3. enquiries submitted to us;

  4. client onboarding and verification;

  5. mandate and fee arrangements;

  6. business communications;

  7. email, telephone, electronic and other correspondence;

  8. billing, accounting and payment administration;

  9. litigation, arbitration, mediation, business rescue, insolvency and other legal matters;

  10. marketing, newsletters, alerts, events and business-development activities;

  11. suppliers, service providers and professional advisers;

  12. compliance with legal, regulatory, tax, professional and anti-money-laundering obligations; and

  13. any other lawful activity connected with the operation of our firm.

This policy does not necessarily regulate all personal information processed in relation to employees, candidate attorneys, applicants or internal personnel matters, which may be dealt with under separate internal policies or notices.

5. Personal information we may collect

Depending on the nature of our relationship with you and the matter concerned, we may collect and process different categories of personal information.

This may include:

  1. your name, surname, title, identity number, passport number, date of birth, nationality, marital status and related identifying details;

  2. your physical address, postal address, email address, telephone number and other contact information;

  3. information relating to a company, close corporation, trust, partnership, association or other juristic person, including registration details, office-bearers, directors, shareholders, members, trustees, beneficial owners and authorised representatives;

  4. FICA, client-onboarding and verification information, including identity documents, proof of address, tax information, source-of-funds information and beneficial-ownership information;

  5. financial information, including bank-account details, payment information, invoices, account statements, fee arrangements and VAT-related information;

  6. information relevant to the legal services we provide, including documents, instructions, correspondence, contracts, pleadings, affidavits, court papers, financial records, transaction records, company records, business records and evidentiary material;

  7. information about disputes, claims, complaints, investigations, litigation, arbitration, mediation, business rescue, insolvency or criminal matters in which you or another person may be involved;

  8. records of meetings, consultations, telephone calls, electronic communications and correspondence;

  9. information obtained from public sources, regulators, courts, tribunals, public offices, the Companies and Intellectual Property Commission, the Master of the High Court, credit bureaus, tracing agents, search providers and other lawful third-party sources;

  10. information provided by your representatives, agents, employees, directors, shareholders, family members, advisers or counterparties;

  11. marketing preferences, event attendance information and subscription details;

  12. website-use information, including cookies, analytics information, browser information and device information; and

  13. any other information that you provide to us or that we are required or permitted by law to process.

6. Special personal information and information about children

In certain matters, we may process special personal information, including information relating to health, race or ethnic origin, biometric information, criminal behaviour, religious or philosophical beliefs, political persuasion, trade-union membership or other sensitive information as contemplated in POPIA.

We will process special personal information only where it is necessary, lawful and relevant, including where:

  1. you have consented;

  2. it is necessary for the establishment, exercise or defence of legal rights;

  3. it is required for the provision of legal services;

  4. it is required or authorised by law;

  5. it is necessary for court, tribunal, regulatory, disciplinary, insolvency, business rescue or other proceedings; or

  6. another lawful basis exists.

We do not intentionally collect personal information of children under the age of 18 unless it is necessary for a legal matter, we have appropriate consent, or we are otherwise permitted or required by law to do so.

7. How we collect personal information

We may collect personal information:

  1. directly from you;

  2. when you contact us by email, telephone, website enquiry, social media, in person or through any other communication channel;

  3. when you instruct us to provide legal services;

  4. through client-onboarding and verification processes;

  5. from persons acting on your behalf;

  6. from clients, counterparties, witnesses, debtors, creditors, directors, shareholders, employees, family members, professional advisers, experts, counsel, attorneys, liquidators, business rescue practitioners, trustees, curators, regulators or public bodies;

  7. from public records, court files, company records, insolvency records and other lawful public sources;

  8. from service providers assisting us with verification, compliance, tracing, searches, technology, accounting, document management, storage, billing, marketing or security; and

  9. through cookies and similar technologies when you use our website.

Where you provide us with personal information relating to another person, you confirm that you are authorised to do so and that the information has been provided lawfully.

8. Purposes for which we process personal information

We process personal information for lawful purposes connected with our business and professional duties.

These purposes may include:

  1. opening and administering client files;

  2. verifying identity and authority to act;

  3. conducting client-onboarding, FICA, anti-money-laundering, sanctions, risk and conflict checks;

  4. providing legal advice and legal services;

  5. carrying out your instructions;

  6. preparing, reviewing, negotiating and implementing legal documents;

  7. representing clients in litigation, arbitration, mediation, business rescue, insolvency, enquiries, investigations, negotiations and other legal processes;

  8. communicating with you, your representatives, counterparties, courts, counsel, experts, service providers, regulators and other relevant persons;

  9. managing accounts, billing, payments, recoveries and fee arrangements;

  10. complying with court rules, professional obligations, tax obligations, accounting requirements, regulatory duties and applicable laws;

  11. protecting, enforcing or defending our rights, our clients’ rights, and the rights of third parties;

  12. preventing, detecting, investigating and reporting fraud, money laundering, corruption, cybercrime, unlawful conduct and security incidents;

  13. responding to complaints, enquiries, requests and data-subject rights;

  14. maintaining records, precedents, internal know-how, file histories, risk-management records and professional records;

  15. managing our website, information technology systems, cybersecurity, backups, document management and business continuity;

  16. improving our services, client experience, business processes and professional offering;

  17. sending newsletters, legal updates, invitations, announcements and marketing communications, where permitted by law;

  18. managing marketing preferences and unsubscribe requests;

  19. procuring goods and services from suppliers and service providers;

  20. responding to proposals, requests, tenders or other business-development opportunities; and

  21. any other purpose that is lawful and reasonably connected with our professional services or business operations.

9. Legal bases for processing

We process personal information where one or more lawful grounds apply.

These may include:

  1. your consent;

  2. the need to perform a contract or mandate;

  3. compliance with a legal obligation;

  4. the protection of a legitimate interest of you, us, our clients or a third party;

  5. the establishment, exercise or defence of legal rights;

  6. the administration of justice;

  7. the performance of a public-law or regulatory obligation where applicable; or

  8. another ground permitted by applicable law.

10. Direct marketing

We may send you newsletters, legal updates, invitations, announcements and other communications relating to our firm, our services and legal developments.

If you are a client, former client, business contact or subscriber, we may send you communications where permitted by law. You may unsubscribe from marketing communications at any time by using the unsubscribe link in the relevant communication or by emailing us at jeff@mattorneys.net.

If you unsubscribe from marketing communications, we may still contact you for non-marketing purposes, including in relation to an existing matter, account, legal obligation, complaint, enquiry, payment, or service-related communication.

11. Cookies and website information

Our website may use cookies and similar technologies to improve functionality, understand website usage and support user experience.

Cookies are small files stored by your browser. You may disable cookies through your browser settings. If you disable cookies, some parts of our website may not function properly.

We may use analytics or similar tools to understand how visitors use our website. Where possible, website analytics will be used in an aggregated or non-identifying manner.

12. Sharing personal information

We do not sell personal information.

We may share personal information where necessary and lawful, including with:

  1. our directors, attorneys, candidate attorneys, employees, consultants and authorised representatives;

  2. counsel, correspondent attorneys, experts, consultants, auditors, accountants, tax advisers, forensic specialists and other professional advisers;

  3. courts, tribunals, arbitrators, mediators, commissioners, sheriffs, liquidators, trustees, business rescue practitioners, curators, regulators and public authorities;

  4. counterparties, their legal representatives and other parties involved in legal proceedings or transactions, where necessary for the relevant matter;

  5. service providers who assist us with information technology, cloud services, cybersecurity, data storage, document management, billing, accounting, verification, tracing, searches, archiving, marketing, communications and administration;

  6. banks, payment providers, insurers and financial institutions;

  7. law-enforcement agencies, tax authorities, regulators and other public bodies, where required or permitted by law;

  8. any person to whom you have authorised us to disclose information;

  9. any person where disclosure is necessary to protect our rights, your rights, our clients’ rights or the rights of a third party; and

  10. any person or entity involved in a restructuring, transfer or reorganisation of our business, if applicable.

Where we use operators or service providers to process personal information on our behalf, we take reasonable steps to ensure that they process the information in accordance with applicable data-protection requirements.

13. Transborder transfers

We may transfer personal information outside South Africa where necessary for lawful business or professional purposes, including where we use cloud services, international technology providers, foreign counsel, foreign attorneys, foreign experts, international service providers or where a matter has a cross-border element.

Where we transfer personal information outside South Africa, we will take reasonable steps to ensure that the transfer complies with applicable data-protection laws and that appropriate safeguards are in place where required.

14. Security of personal information

We take reasonable technical and organisational measures to protect personal information against loss, unauthorised access, unlawful processing, destruction, alteration, disclosure or misuse.

These measures may include:

  1. access controls;

  2. password protection and authentication measures;

  3. firewalls and anti-malware tools;

  4. secure backups;

  5. physical security measures;

  6. confidentiality obligations;

  7. document-management controls;

  8. restricted access to client files and systems; and

  9. internal procedures for handling personal information.

No system is completely secure. You should take care when sending information electronically and should verify email addresses, banking details and other sensitive information before acting on any communication.

15. Retention of personal information

We retain personal information for as long as necessary for the purposes for which it was collected, or for longer where permitted or required by law.

Retention periods may be affected by:

  1. statutory record-keeping obligations;

  2. professional rules and obligations;

  3. tax and accounting requirements;

  4. FICA and client-onboarding requirements;

  5. litigation, prescription, complaints, investigations and potential disputes;

  6. the need to protect or enforce legal rights;

  7. archiving and internal know-how requirements; and

  8. lawful business purposes.

Where appropriate, we may retain information in de-identified, anonymised or aggregated form.

16. Accuracy of personal information

We take reasonable steps to ensure that personal information is accurate, complete and up to date where necessary for the purpose for which it is processed.

You should inform us of any change to your personal information, including changes to your contact details, identity details, authority to act, beneficial ownership, banking details or other relevant information.

17. Your rights

Subject to applicable law, you may have the right to:

  1. ask whether we hold personal information about you;

  2. request access to personal information that we hold about you;

  3. request correction of inaccurate, irrelevant, excessive, outdated, incomplete, misleading or unlawfully obtained personal information;

  4. request deletion or destruction of personal information where we are not authorised to retain it;

  5. object to the processing of personal information on reasonable grounds, where the law permits objection;

  6. withdraw consent where processing is based on consent;

  7. object to direct marketing;

  8. request restriction of processing in appropriate circumstances; and

  9. lodge a complaint with the Information Regulator.

To exercise your rights, please contact us at jeff@mattorneys.net.

We may require proof of identity before processing a request. We may also refuse a request where the law permits or requires us to do so, including where disclosure would prejudice legal privilege, litigation, confidentiality, the rights of another person, or a legal obligation.

18. Legal privilege and confidentiality

Nothing in this policy requires us to disclose information that is protected by legal professional privilege, confidentiality, a court order, professional obligation, or applicable law.

Where we act for a client, we may process personal information relating to third parties for the purpose of providing legal services, advancing or defending legal rights, conducting litigation or negotiations, complying with legal obligations, and protecting our client’s interests.

19. Security breaches

If we become aware of a security compromise involving personal information, we will take reasonable steps to assess the incident, contain the compromise, mitigate harm and comply with applicable notification obligations.

Where required by law, we will notify the Information Regulator and affected data subjects.

If you believe that your personal information has been compromised, or if you suspect any unauthorised use of information connected with us, please contact us immediately at jeff@mattorneys.net.

20. Complaints

If you believe that we have processed your personal information unlawfully, please contact us first so that we can consider and address your concern.

You may contact:

Jeff Mendelson
Email: jeff@mattorneys.net
Mobile: +27 83 634 4003

You may also lodge a complaint with the Information Regulator.

The Information Regulator’s current contact details include:

Information Regulator South Africa
Address: Woodmead North Office Park, 54 Maxwell Drive, Woodmead, Johannesburg, 2191
Telephone: 010 023 5200
Toll-free: 0800 017 160
Email: enquiries@inforegulator.org.za
Website: www.inforegulator.org.za

The Information Regulator may require complaints to be submitted through its eServices portal or in the manner prescribed by it from time to time.

21. European Union and United Kingdom data subjects

Where the General Data Protection Regulation, the United Kingdom General Data Protection Regulation, or other foreign data-protection laws apply to our processing of personal information, additional rights or obligations may apply.

If you are located in the European Union or the United Kingdom and believe that our processing of your personal information is subject to those laws, you may contact us at jeff@mattorneys.net so that we can consider your request in accordance with the applicable legal framework.

22. Changes to this policy

We may update this policy from time to time.

The latest version published on our website will apply to our processing of personal information from the date of publication, unless otherwise stated.