Wessels & Smith Inc
Website: wessmith.co.za
Business name: Wessels & Smith Inc
Business description: Attorneys, Notaries and Conveyancers
Address: Wessels & Smith Building, 26–28 Heeren Street, Welkom, Free State, 9460
Telephone: 057 391 9800
Email: info@wessmith.co.za
Office hours: Monday to Friday, 08:00 – 16:45, excluding public holidays
Last updated: 29 June 2026
1. Introduction
Wessels & Smith Inc respects your right to privacy and is committed to protecting your personal information in accordance with the Protection of Personal Information Act, 4 of 2013, commonly known as POPIA, and other applicable South African laws.
This Privacy Policy explains how we collect, use, store, protect and share personal information when you visit our website, contact our office, submit an enquiry, request legal assistance, engage our services, or communicate with us in any other way.
This policy also includes our Cookies Policy and explains how website-related information may be collected through cookies and similar technologies.
2. Who this policy applies to
This policy applies to personal information processed by Wessels & Smith Inc relating to:
Website visitors
Prospective clients
Existing clients
Former clients
Employees, representatives or contact persons of clients
Suppliers and service providers
Correspondent firms and professional partners
Third parties involved in legal matters
Persons who contact us by phone, email, website form or other communication channels
Any person whose personal information is provided to us in the course of providing legal services
3. Responsible party
For purposes of POPIA, Wessels & Smith Inc is the responsible party for personal information that we determine the purpose and means of processing.
All privacy-related enquiries may be directed to:
Wessels & Smith Inc
Wessels & Smith Building
26–28 Heeren Street
Welkom, Free State, 9460
Tel: 057 391 9800
Email: info@wessmith.co.za
Information Officer email: info@wessmith.co.za
4. Personal information we may collect
Depending on your relationship with us and the nature of your enquiry or legal matter, we may collect and process the following types of personal information:
4.1 Identification and contact information
Full name
Identity number or passport number
Date of birth
Gender, where relevant
Physical address
Postal address
Email address
Telephone number
Occupation or employment details
Company or organisation details
Signature
4.2 Client and matter information
Information provided during consultations
Instructions, statements and supporting documents
Correspondence between you and our firm
Information relating to property transactions
Information relating to bond registrations or cancellations
Information relating to litigation or disputes
Information relating to wills, trusts, estates and beneficiaries
Information relating to family law, divorce, maintenance, domestic violence or harassment matters
Information relating to mining, prospecting, environmental, land use or access matters
Information relating to commercial agreements, business transactions or corporate structures
Information required for notarial services, antenuptial contracts, certifications or apostilles
4.3 Financial and transactional information
Billing details
Payment records
Banking details, where required for a specific matter
Trust account-related information, where applicable
Information required for invoicing, accounting and compliance purposes
4.4 Website and technical information
IP address
Browser type
Device information
Pages visited
Date and time of visit
Referral source
Approximate location based on technical data
Cookie preferences
Website form submissions
4.5 Special personal information
In certain legal matters, we may be required to process special personal information, including information relating to health, children, criminal allegations or proceedings, marital status, financial distress, domestic circumstances, or other sensitive personal details.
We only process special personal information where it is necessary, lawful and relevant to the legal services being requested or provided.
5. How we collect personal information
We may collect personal information directly from you when you:
Submit a website enquiry form
Email or phone our office
Attend a consultation
Instruct us to act on your behalf
Provide documents or information for a legal matter
Subscribe to communication from us
Interact with our website
Respond to requests for information from our attorneys, paralegals or support staff
We may also receive personal information from third parties where lawful and necessary, including:
Clients
Opposing parties or their representatives
Estate agents
Banks and financial institutions
Courts, registrars, masters’ offices and public bodies
Correspondent attorneys
Sheriffs and tracing agents
Employers
Schools and institutions
Professional advisers
Government departments
Regulatory bodies
Publicly available records
6. Why we process personal information
We process personal information for lawful, specific and legitimate purposes connected to our legal practice, including:
To respond to enquiries
To assess whether we can assist with a legal matter
To identify clients and verify information
To provide legal advice and legal services
To draft, review and manage legal documents
To attend to property transfers, bond registrations and bond cancellations
To administer deceased estates, wills, trusts and estate planning matters
To assist with family law, divorce, maintenance and related matters
To conduct litigation, dispute resolution and court-related processes
To assist with commercial contracts and business-related legal matters
To assist with mining, prospecting, environmental, land use, access and servitude matters
To provide notarial services, certifications and apostilles
To manage billing, payments, accounting and financial records
To comply with legal, regulatory and professional obligations
To communicate with clients, third parties, courts, institutions and correspondent firms
To protect our rights, our clients’ rights and the integrity of legal processes
To manage our website, security and technical functionality
To improve our services and communication
7. Legal basis for processing personal information
We process personal information where one or more of the following grounds applies:
You have given consent
Processing is necessary to perform a mandate, agreement or legal service
Processing is necessary to comply with a legal obligation
Processing protects a legitimate interest of you, our firm, our client or another party
Processing is necessary for the establishment, exercise or defence of legal rights
Processing is necessary for the proper administration of justice or legal processes
Processing is otherwise permitted by POPIA or other applicable law
Where consent is required, you may withdraw consent at any time, subject to legal, contractual or professional obligations that may require us to continue processing certain information.
8. Legal professional privilege and confidentiality
Information provided to Wessels & Smith Inc in the course of requesting or receiving legal services may be treated as confidential and may, where applicable, be protected by legal professional privilege.
Submitting an enquiry through the website does not automatically create an attorney-client relationship. An attorney-client relationship is created only once Wessels & Smith Inc has agreed to act for you and the required mandate or engagement arrangements have been confirmed.
9. Website enquiries and contact forms
When you submit information through our website contact form, we may collect your name, contact details, message and any other information you choose to provide.
Website enquiries are intended to help us understand the nature of your request and direct it to the appropriate person or department. Please do not submit highly sensitive information through the website form unless it is necessary for your enquiry.
Contact form submissions and general enquiries are sent to:
10. Children’s personal information
We may process personal information relating to children where it is necessary for a legal matter, such as family law, maintenance, estate planning, trusts, guardianship-related issues, school fee recovery or other legal services involving minors.
Where required by law, we will process children’s personal information with appropriate consent, authority or another lawful basis, and with additional care due to the sensitive nature of the information.
11. Sharing personal information
We do not sell personal information.
We may share personal information where necessary and lawful with:
Courts and tribunals
The Master of the High Court
Deeds offices and registries
Banks and financial institutions
Estate agents and bond originators
Correspondent attorneys
Advocates and counsel
Sheriffs and tracing agents
Experts, valuers, consultants and professional advisers
Government departments and public bodies
Regulatory authorities
Auditors, accountants and compliance service providers
IT, website hosting, email, security and cloud service providers
Service providers assisting with administration, communication and document management
Other parties where required for a legal matter or by law
Where we use service providers, we take reasonable steps to ensure that they process personal information securely and only for authorised purposes.
12. Cross-border processing
Some of our technology, email, hosting, backup or cloud service providers may store or process information outside South Africa.
Where personal information is transferred outside South Africa, we will take reasonable steps to ensure that appropriate safeguards are in place and that the transfer is lawful under POPIA.
13. Security of personal information
We take reasonable technical and organisational measures to protect personal information against loss, unauthorised access, interference, misuse, alteration, destruction or disclosure.
These measures may include:
Access control
Password protection
Secure storage of records
Confidentiality obligations
Limited access to client files
IT security measures
Email and system controls
Internal policies and procedures
Staff awareness and professional duties
Use of trusted service providers
No system can be guaranteed to be completely secure. If we become aware of a security compromise affecting personal information, we will take appropriate steps in accordance with POPIA and applicable law.
14. Retention of personal information
We retain personal information only for as long as necessary for the purpose for which it was collected, unless a longer retention period is required or permitted by law, professional rules, accounting requirements, legal proceedings, contractual obligations or legitimate business purposes.
Client files, legal records, accounting records and correspondence may need to be retained after a matter is finalised where required for legal, regulatory, professional or evidentiary reasons.
When personal information is no longer required, we will take reasonable steps to delete, destroy, de-identify or securely archive it.
15. Accuracy of personal information
We rely on clients and other persons to provide accurate, complete and up-to-date information.
Please notify us as soon as possible if any personal information we hold about you changes or if you believe that information is incorrect.
16. Your rights under POPIA
Subject to applicable law, you may have the right to:
Ask whether we hold personal information about you
Request access to your personal information
Request correction or updating of inaccurate information
Request deletion or destruction of personal information where lawful
Object to certain processing of your personal information
Withdraw consent where processing is based on consent
Request information about the parties to whom your personal information has been disclosed
Complain to the Information Regulator if you believe your rights have been infringed
Requests can be sent to:
We may need to verify your identity before processing your request. Certain requests may be refused or limited where the law allows or requires us to do so, including where legal privilege, confidentiality, litigation, record retention or another legal obligation applies.
17. Direct marketing and communication
We may use your contact details to communicate with you about your matter, respond to enquiries, provide requested information or send service-related communication.
We will not send direct marketing by electronic communication unless we are permitted to do so by law or have the required consent. Where marketing communication is sent, you will be given a reasonable way to opt out.
18. Cookies Policy
Our website may use cookies and similar technologies to improve functionality, support website security, understand website usage and improve the visitor experience.
A cookie is a small file that is stored on your device when you visit a website. Cookies help the website remember certain information about your visit.
19. Types of cookies we may use
19.1 Essential cookies
These cookies are necessary for the website to function properly. They may support page loading, security, form submissions and basic website features.
19.2 Performance and analytics cookies
These cookies help us understand how visitors use the website, such as which pages are visited and how users interact with the site. This helps us improve the website and its content.
19.3 Functional cookies
These cookies may remember certain preferences, such as form information or website settings, to improve your browsing experience.
19.4 Third-party cookies
Some cookies may be placed by third-party services used on the website, such as analytics tools, embedded maps, security tools, social media features or website plugins.
20. Managing cookies
You can manage or disable cookies through your browser settings. If you disable certain cookies, some parts of the website may not function correctly.
Where required, the website may request your consent before placing non-essential cookies on your device.
21. Third-party links
Our website may contain links to third-party websites or platforms. We are not responsible for the privacy practices, content or security of third-party websites.
You should review the privacy policy of any third-party website before providing personal information to them.
22. Email and electronic communication
Email communication may not always be fully secure. While we take reasonable precautions, you acknowledge that information sent by email may be exposed to risks beyond our control.
If you need to send highly sensitive documents or information, please contact our office to confirm the most appropriate method of delivery.
23. PAIA and access to records
Requests for access to records may be governed by the Promotion of Access to Information Act, 2 of 2000, known as PAIA.
Wessels & Smith Inc may make its PAIA Manual available on the website or upon request, where required. PAIA requests should be directed to:
24. Complaints
If you have a concern about how we process your personal information, please contact us first so that we can attempt to resolve the matter.
Wessels & Smith Inc
Tel: 057 391 9800
Email: info@wessmith.co.za
You may also lodge a complaint with the Information Regulator of South Africa.
Information Regulator South Africa
General enquiries: enquiries@inforegulator.org.za
POPIA complaints: POPIAComplaints@inforegulator.org.za
Telephone: 010 023 5200
Toll free: 0800 017 160
25. Updates to this policy
We may update this Privacy Policy from time to time to reflect changes in our legal obligations, business operations, website functionality or privacy practices.
The latest version will be published on wessmith.co.za and will apply from the date of publication.
26. Contact details
For privacy questions, POPIA requests, PAIA requests or general enquiries, please contact:
Wessels & Smith Inc
Wessels & Smith Building
26–28 Heeren Street
Welkom, Free State, 9460
Tel: 057 391 9800
Email: info@wessmith.co.za
Website: wessmith.co.za
Office hours: Monday to Friday, 08:00 – 16:45, excluding public holidays
