Privacy Policy

1. Who we are

Malata Incorporated ("we", "us") is the responsible party for personal information processed through this website and in the course of our practice.

2. What we collect

• Contact details you provide through forms, email or phone (name, email, phone, company, message)
• Information you give us when you instruct us, including identity and company documents needed for FICA
• Website usage data (IP address, device and browser information, pages visited) collected through cookies and analytics tools
• Information received through our Tip-Offs Hotline

3. Why we process it

• To respond to enquiries and provide legal services
• To comply with law, including FICA, the Legal Practice Act and LPC rules, and tax and trust account requirements
• To manage billing and our client relationships
• To improve and secure our website
• To investigate reports made through our Tip-Offs Hotline
• To send you marketing only where you have consented or the law otherwise allows

4. Lawful grounds

We process personal information with your consent, where necessary to perform a contract or take pre-contract steps at your request, where required by law, or to pursue legitimate interests that do not override your rights.

5. Sharing your information

We do not sell personal information. We may share it with service providers acting as operators (IT, cloud storage, email, accounting), with courts, regulators and counterparties where needed for your matter, and where the law requires. Operators are bound by written agreements to keep information secure.

6. Cross-border transfers

Some service providers may store data outside South Africa. We transfer information only where the recipient is subject to equivalent protection or you have consented.

7. Retention

We keep client records for the periods required by law and our professional obligations (for example, at least five years under FICA), then securely delete or de-identify them. Website enquiries that do not lead to instructions are deleted after 5 years.

8. Security

We apply reasonable technical and organisational safeguards, including access controls, encryption and secure backups. If a breach affects your information, we will notify you and the Information Regulator as POPIA requires.

9. Confidentiality and privilege

Information given to us in a client relationship is protected by attorney-client confidentiality and, where applicable, legal professional privilege, in addition to this policy.

10. Your rights

You may ask us to confirm what personal information we hold about you, access it, correct or delete it, or object to its processing, and you may withdraw consent at any time. Contact our Information Officer at info@malataincorporated.co.za. We may need to verify your identity first.

11. Direct marketing

We send electronic marketing only to people who have opted in or who are existing clients, and every message includes an opt-out.

12. Cookies

This site uses essential cookies (and analytics cookies where enabled). You can control cookies through your browser settings.

13. Complaints

If you believe we have misused your information, contact us first. You may also lodge a complaint with the Information Regulator (South Africa).

14. Changes

We may update this policy and will post the new version here with its date.