POPIA Privacy Notice & Statutory Data Processing Framework

1. Commitment to Statutory Privacy

Legal Collections Portal, as managed and operated by Deon Smit & Associates (Council for Debt Collectors Reg: 0110965/18; PSIRA Reg: 2317325), is committed to the lawful, fair, and transparent processing of personal information in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA), the National Credit Act 34 of 2005 (NCA), and the Debt Collectors Act 114 of 1998.

This policy outlines how we collect, process, safeguard, and disclose personal and financial information in our capacity as a statutory debt recovery operator and responsible party.

2. Responsible Party & Information Officer

For any inquiries, requests for data access, rectification, or objections regarding personal information processed by our portal:

3. Lawful Grounds for Processing

Under Section 11 of POPIA, we process personal information under the following statutory grounds:

• Performance of a Contract: Enforcing outstanding trade contracts, commercial invoices, credit agreements, or sectional title levy obligations submitted by clients.
• Statutory Duty: Complying with our mandates under the Debt Collectors Act 114 of 1998 and the National Credit Act 34 of 2005.
• Legitimate Interest of the Responsible Party/Creditor: The recovery of lawfully due and unpaid financial obligations and the prevention of debt prescription under the Prescription Act 68 of 1969.

4. Categories of Information Processed

To execute debt recovery mandates and skip tracing, we process:

• Creditor Information: Business registration numbers, authorized representative contact details, banking verification details for direct debtor settlement.
• Debtor Information: Full legal names, South African identity numbers, CIPC registration numbers, physical and postal addresses, telephone numbers, employment verification data, and statement histories.
• Claim Data: Unpaid invoice schedules, signed credit applications, delivery notes, and correspondence verifying that the debt is not prescribed under Act 68 of 1969.

5. Credit Bureau Escalation Protocols (TransUnion, Experian, XDS)

In strict adherence to Section 70 of the National Credit Act and the Credit Bureau Regulations:

• Adverse default listings are never registered without serving a prior statutory written Letter of Demand.
• The debtor is afforded a mandatory statutory window (minimum 20 business days) to settle the balance or lodge a substantiated dispute.
• Upon full settlement of the capital and allowable statutory costs, default listings are marked settled or updated on bureau records in accordance with statutory clearance protocols.

6. Information Security & Data Safeguards

In accordance with Section 19 of POPIA, we maintain appropriate technical and organizational measures to prevent loss, unauthorized destruction, unlawful access, or unauthorized processing of personal data. All online case uploads and docket submissions are protected via 256-bit SSL encryption.

7. Data Subject Rights

Under POPIA, data subjects maintain the right to:

• Request confirmation whether we hold personal information concerning them.
• Request the correction or deletion of personal data that is inaccurate, irrelevant, excessive, or obtained unlawfully.
• Lodge a complaint with the Information Regulator of South Africa (inforegulator.org.za) via email at complaints.IR@justice.gov.za.