Privacy policy

Last updated

This policy explains what personal information MechTech Dynamics collects, why, who sees it, how long it is kept, and what your rights are under the Protection of Personal Information Act 4 of 2013 (POPIA). It applies to people who visit this website, people who send an enquiry, and people whose information we receive when we are instructed on a matter.

Who is responsible for your information

The responsible party is Albert van Niekerk, a sole proprietor trading as MechTech Dynamics. Albert van Niekerk is also the Information Officer.

  • Phone: 082 778 3574
  • Email: info@mechtechsol.co.za
  • Address: Pretoria, Gauteng. The full address is available on request.

Information we collect

When you send an enquiry

The enquiry form asks for your name, email address, the type of matter and a description of it. These are required so we can reply; if you leave them out, we can't respond. Your firm or company, phone number and the vehicle's location are optional. Please don't send identity numbers, medical details or court documents in a first enquiry; we will ask for what we need.

When you message us on WhatsApp

If you message us on WhatsApp, we receive your phone number, your WhatsApp profile name and photo if you have set them, and what you send. We use them only to reply and, if you instruct us, for the matter. The same care applies as for the enquiry form: please keep a first message short and leave out documents.

When you visit the website

Our web host keeps standard server logs: IP address, browser type, the pages requested and the time. These are used only to keep the site secure and working. To keep out automated spam, your browser does a short calculation when you use the enquiry form, and we check that the domain of your email address can receive mail.

This website does not use cookies, analytics or advertising trackers.

When we are instructed on a matter

Forensic work involves information about people other than the person who instructs us. We may receive it from attorneys, advocates, insurers, fleet operators, vehicle owners, police dockets, court papers and the vehicle itself. It can include names and contact details of drivers, owners, passengers and witnesses, vehicle registration and identification numbers, accident and repair records, photographs, and statements.

Some of it may be special personal information, such as details of an alleged offence or of criminal or civil proceedings. We process that only where it is necessary to establish, exercise or defend a right or obligation in law (POPIA section 27(1)(b)), or where another exception in POPIA applies.

Why we use it, and on what basis

  • To reply to your enquiry: with your consent, which you give on the form (section 11(1)(a)).
  • To carry out an instruction: because it is necessary to agree and perform the work you instruct us to do (section 11(1)(b)).
  • To prepare reports and give evidence: because it is necessary for legal proceedings and to protect the legitimate interests of the parties (section 11(1)(d) and (f)).
  • To meet legal obligations: such as keeping financial and tax records (section 11(1)(c)).
  • To keep the website secure: in our legitimate interest (section 11(1)(f)).

We do not use personal information for direct marketing, we do not make decisions about people by automated means, and we never sell personal information.

Who we share it with

  • The party who instructs us on a matter, and the court, tribunal or arbitrator hearing it, through our reports and evidence.
  • Prosecuting authorities or others where a law, subpoena or court order requires it.
  • Service providers who process information on our behalf, such as our web host, email provider and accountant. They may use it only for the service they provide and must keep it secure (sections 20 and 21).

Information stored outside South Africa

Our website and email are hosted by our hosting provider. If any of our service providers stores information outside South Africa, we only use providers that are bound by laws, rules or agreements giving a level of protection substantially similar to POPIA, as section 72 requires.

WhatsApp is a Meta service. If you choose to message us there, WhatsApp carries and stores the messages under its own terms and privacy policy, which you accept when you use it, and it may store them outside South Africa.

How long we keep it

  • Enquiries that do not lead to an instruction: deleted within 12 months.
  • Records of an instruction: for as long as the matter, any appeal and any related claim may continue, and at least as long as the law requires, such as five years for financial records under the Tax Administration Act.
  • Server logs: kept by our host for a short period for security, then deleted.

When information is no longer needed, it is deleted or destroyed so that it cannot be reconstructed (section 14).

How we protect it

The website is served over an encrypted connection, enquiries go to a named mailbox only, and records are kept on password-protected devices and accounts with access limited to Albert van Niekerk. Physical records and retained components are stored securely. If we have reason to believe that personal information has been accessed or acquired by someone without authority, we will notify the Information Regulator and the people affected as soon as reasonably possible (section 22).

Your rights

You have the right to:

  • ask whether we hold personal information about you, and ask for a copy of it (section 23);
  • ask us to correct or delete information that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or unlawfully obtained (section 24);
  • object to processing that is based on legitimate interests (section 11(3));
  • withdraw your consent at any time, without affecting processing that has already taken place;
  • complain to the Information Regulator.

To use these rights, email info@mechtechsol.co.za. You may use the forms published with the POPIA Regulations (Form 1 to object, Form 2 to correct or delete), but a clear email is enough. We may ask you to prove your identity first, and will respond within a reasonable time. Requests for copies of records are handled under the Promotion of Access to Information Act, as set out in our PAIA manual; a prescribed fee may apply.

Some rights are limited where information forms part of legal proceedings, is privileged, or belongs to the party who instructed us. If that applies to your request, we will explain why.

Complaints

If you are not satisfied with how we handle your information or your request, please tell us first. You may also complain to the Information Regulator (South Africa):

Children

This website is not aimed at children, and we do not knowingly collect information from children through it. Where a matter involves a child, for example as a passenger, we process that information only as POPIA allows for legal proceedings.

Other websites

This site links to other websites, such as our Facebook page and the Information Regulator. Their privacy practices are their own; please read their policies.

Changes to this policy

If this policy changes, the new version will be published on this page with a new date.

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