Question 1

What does this service comprise?

Accepted Answer

This service involves custom preparing a Privacy Policy specifically for your website, application, or software platform, covering all aspects of data collection, usage, and user consent.

Question 2

What is a Privacy Policy (details)?

Accepted Answer

A website's Privacy Policy lets the outside world know what Personal Information you collect from visitors to your website, and, importantly, the way in which such personal information is collected, stored, and shared. It's mandatory in order to comply with the latest data protection laws, such as those laid out in the Promotion of Access to Information Act, the Protection of Personal Information Act, the Consumer Protection Act, and the Electronic Communications and Transactions Act.

One of the legal requirements is to gain a website user's consent before collecting any Personal Information. A Privacy Policy enables websites to obtain this consent, by recording that the Privacy Policy has been read and agreed to.

Question 3

What are some examples of personal information?

Accepted Answer

• Name;
• Email;
• Sex;
• Age;
• Physical address;
• Phone number;
• IP addresses;
• Cookie data;
• Usage patterns and analytics data.

Question 4

What is the Protection of Personal Information Act (POPI)?

Accepted Answer

The collection, usage and sharing, of personal information is regulated primarily by the Protection of Personal Information Act 4 of 2013 (the "Act"). The Act has only recently been promulgated and is still in the process of being implemented.

Once the primary enforcement arm contemplated by the Act, the Information Regulator, is appointed, all website owners and/or administrators will be required to register with it, in order to make public what Personal Information is being collected, and what it is being used for.

The Information Regulator will be empowered to enforce compliance with the Act, including the ability to conduct investigations in order to ascertain whether a website is lawfully processing a user's Personal Information.

Question 5

What are the consequences if the POPI Act is not complied with?

Accepted Answer

Failure to comply with the POPI Act by website owners and/or administrators may, in certain circumstances, result in criminal sanctions, penalties, and/or liability for damages.

Question 6

Do I also need a Terms of Service?

Accepted Answer

Yes, most websites and applications need both a Privacy Policy and Terms of Service. The Privacy Policy explains how you handle user data, while Terms of Service govern how users may use your platform. We offer [Terms of Service](/southafrica/southafrica-application-software-or-website-terms-of-service) as a separate service that can be bundled with your Privacy Policy.

Question 7

How long does delivery take?

Accepted Answer

Standard delivery is 3 business days from when we receive your completed questionnaire. If you need your Privacy Policy sooner, we offer an Express Delivery option which guarantees delivery within 1 business day. You can select Express Delivery as an add-on during checkout.

Question 8

What if I need changes to my Privacy Policy?

Accepted Answer

Your order includes 2 rounds of revisions at no additional cost, which must be requested within 1 week of receiving your draft. This ensures you have ample opportunity to review the document and request any adjustments. Additional revision rounds beyond this can be arranged at a nominal fee.

Question 9

Who will draft my Privacy Policy?

Accepted Answer

Your Privacy Policy will be prepared by a qualified South African attorney with a minimum of 12 years of post-qualification experience in data protection and POPIA compliance. Our attorney specialises in website and app privacy policies.

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Custom PrivacyPolicy (For websites, software or applications)