Privacy Policy

THE PROTECTION OF PERSONAL INFORMATION ACT (POPIA) CLIENT / USER PRIVACY PROTOCOLS POLICY
The purpose of this Privacy Policy is to inform clients, users, and all data subjects who engage with Commercial Mediation Africa (“CMA” or “the Company”) why personal information (“PI”) is collected and processed, the categories of PI involved, and how such information is used, stored, shared, and protected.

CMA is committed to full compliance with the Protection of Personal Information Act, 2013 (POPIA) and applies strict confidentiality and data protection protocols in the provision of mediation and alternative dispute resolution (ADR) services.
This policy applies to all natural and juristic persons whose PI is processed by CMA, including:

• Mediation parties and their representatives.
• Prospective clients and enquirers.
• Suppliers, partners, and service providers.
• Employees, consultants, and mediators.
• Visitors to the CMA website and digital platforms.

The policy also extends to requesters of records under the Promotion of Access to Information Act, 2000 (PAIA).
CMA, powered by SGA Law Africa, is a mediation and ADR services provider dedicated to resolving commercial disputes through voluntary, confidential, and cost-effective processes. Our services are guided by principles of neutrality, mutual consent, and respect for privacy.
For purposes of this policy, “personal information” includes, but is not limited to:

• Identity information (names, ID/passport numbers, company registration details, positions held)
• Contact details (addresses, emails, phone numbers).
• Professional and business details (job titles, corporate affiliations, roles in a dispute).
• Sensitive dispute-related information (contracts, correspondence, claims, settlement proposals).
• Financial information (invoices, payment records, banking details).
• Electronic information (IP address, browsing data, communications exchanged through CMA’s website).
• Records created during mediation (meeting notes, summaries, settlement agreements).

CMA obtains PI from:

• Direct submissions by clients, parties, or representatives.
• Documentation and records provided for mediation.
• Publicly available sources (CIPC, regulatory registers, court records).
• Third parties such as attorneys, accountants, or advisers.
• Website usage through cookies and analytics.

The Company processes PI relating to:

• Parties to disputes and their authorised representatives.
• Employees, directors, and shareholders of client organisations.
• Professional advisers involved in mediation (lawyers, auditors, experts).
• CMA employees, consultants, and mediators.
• Suppliers and business partners.

CMA processes PI for the following purposes:

• Facilitating mediation and ADR proceedings.
• Communicating with parties, advisers, and stakeholders.
• Preparing, managing, and recording mediation sessions.
• Drafting and maintaining settlement agreements, where reached.
• Managing billing, invoicing, and administration of services.
• Ensuring compliance with legal and regulatory obligations.
• Protecting confidentiality, neutrality, and integrity of the mediation process.
• Training, accreditation, and quality assurance of mediators.
• Maintaining business relationships with clients and partners.

CMA processes PI under one or more lawful grounds:

• Consent of the data subject.
• Contractual necessity, to perform mediation services.
• Legal obligation, to comply with regulatory or statutory requirements.
• Legitimate interest, including maintaining confidentiality, professional standards, and business operations.

• All PI disclosed during mediation is confidential and will not be used for any purpose other than the mediation itself.
• Mediation records will not be shared with third parties, except where:
• required by law or court order;
• consented to in writing by all parties;
• disclosure is necessary to prevent imminent harm.
• Mediators and CMA staff are bound by strict confidentiality agreements.

• PI will be retained only for as long as necessary to fulfil the purposes for which it was collected or as required by law.
• Mediation records may be retained for administrative, professional, or legal purposes, subject to confidentiality obligations.
• After expiry of retention periods, PI will be securely deleted, destroyed, or anonymised.

PI may be disclosed lawfully to:

• Parties and their authorised representatives in a mediation.
• Regulators, courts, or authorities where disclosure is legally required.
• Professional advisers engaged by CMA (attorneys, auditors, IT providers).
• Affiliates within SG Law Africa for administrative or compliance support.

Cross-border disclosures may occur where foreign parties or service providers are involved. In such cases, CMA ensures adequate protection consistent with POPIA.
CMA applies appropriate, reasonable safeguards to protect PI, including:

• Secure IT systems, encryption, and restricted access.
• Confidential handling of mediation documents.
• Physical security at offices and mediation venues.
• Staff and mediator training on POPIA and confidentiality.
• Incident response and breach management procedures.

Service providers (operators) who process PI on CMA’s behalf are contractually bound to maintain equivalent security standards.
In terms of POPIA, data subjects have the right to:

• Access PI held by CMA.
• Request correction or deletion of inaccurate or outdated PI.
• Object to processing of PI or withdraw consent (subject to legal and contractual limits).
• Request restriction of processing or transfer of PI.
• Lodge a complaint with the Information Regulator of South Africa.

Information Regulator Contact Details:

• Website: https://www.justice.gov.za/inforeg
• Email: inforeg@justice.gov.za

This Privacy Policy may be amended from time to time to reflect legal or operational changes. Updates will be published on CMA’s website with the effective date noted.
For any queries regarding these Terms or mediation services, please contact:

Our physical address:
Commercial Mediation Africa
Office 5 Second Floor, Building B
412 Kirkness Street
Arcadia, Pretoria

Our email address:
info@commercialmediationafrica.co.za

Our Contact Number:
(012) 110 4543