1. Introduction and lawful basis
At Newtons Chartered Accountants (“we”, “us”, “our”), we highly value our clients’ trust and confidence and treat all personal information as confidential, storing it safely and securely. As an accounting and audit firm, we adhere to the highest professional standards and ethical behaviour under South African law.
This Privacy Policy describes how we collect, use, process and protect your personal information in accordance with the Protection of Personal Information Act No. 4 of 2013 (POPIA) and, where applicable, the General Data Protection Regulation (GDPR). Unlike standard data regulations, POPIA protects the data of both natural persons (individuals) and juristic persons (such as companies, close corporations, partnerships and trusts).
We process personal information under the following POPIA lawful processing grounds:
- Contractual necessity: To perform services outlined in our engagement letters.
- Statutory obligation: To comply with South African laws such as the Financial Intelligence Centre Act (FICA), the Companies Act and the Tax Administration Act.
- Legitimate interest: To maintain business operations, ensure system security and manage legal risks.
- Consent: Where you have explicitly given permission for specific data processing activities (e.g. direct marketing).
2. Personal information we collect
To fulfil tax preparation, auditing, financial planning and compliance engagements, we collect data from direct consultations, documents, worksheets and transaction histories. This includes:
- Identified entity details: Full names, registration numbers (for juristic persons), identity/passport numbers, dates of birth and VAT registration numbers.
- Contact information: Physical and postal addresses, email addresses and telephone numbers.
- Financial and tax attributes: Financial statements, income sources, asset details, investment performance, account balances and payment histories.
- FICA/compliance documentation: Verification documents required by law to validate identity and source of funds.
3. Use of personal information
We process client information strictly for legitimate business activities and statutory obligations, including:
- Onboarding clients and conducting mandatory identity verification (FICA compliance).
- Providing professional audit, accounting, financial planning and tax compliance services.
- Responding to client queries received via email or our website contact portal.
- Fulfilling regulatory, reporting or professional oversight bodies’ obligations.
- Sending business updates, newsletters or event invitations (subject to your direct marketing choices).
4. Sharing and disclosure of information
We do not share your information with unaffiliated third parties without your express consent, except as permitted or mandated by South African law. We may share your data with:
- Service providers and affiliates: Contractors or technical support companies operating under strict data processing agreements that mirror our privacy standards.
- Professional advisors: Legal counsel or professional bodies when necessary to establish, exercise or defend our legal rights.
- Statutory authorities: Law enforcement, the South African Revenue Service (SARS), the Financial Intelligence Centre (FIC) or other regulatory bodies when legally compelled.
5. Transborder data transfers
Client information may occasionally be transferred across South African borders for legitimate business operations, such as secure cloud-based storage, software-as-a-service (SaaS) accounting applications or backup servers. In compliance with Section 72 of POPIA, we ensure that any third-party foreign recipient is bound by data privacy laws or binding corporate agreements that provide an adequate level of protection equivalent to POPIA.
6. Direct marketing and opt-out rights
When you engage us as a client, you may be added to our mailing list to receive necessary business updates, regulatory alerts and event invitations.
- Opt-out: You can unsubscribe from these marketing-related communications at any time by clicking the “unsubscribe” link embedded in our emails or by emailing your request to us.
- Service communications: Unsubscribing from marketing updates will not restrict direct communications from your handling practitioner regarding ongoing professional services, billing or outstanding fees.
7. Confidentiality and technical security measures
We implement comprehensive technical and organisational safeguards to protect personal information from loss, unauthorised access, misuse, alteration or destruction.
- Access to data is restricted strictly to authorised employees and verified service providers who require it to complete their tasks.
- Our workforce is bound by internal confidentiality policies, subject to strict disciplinary measures for compliance shortfalls.
- Please note: While we implement robust security protocols, data transmission over the internet or email can never be entirely risk-free. We make every effort to secure your data but cannot guarantee complete security for information sent over open networks.
- If our business relationship ends, we will continue to preserve and protect your data securely in line with this privacy policy until legal retention timelines lapse.
8. Retention of data
We retain personal and financial information for the periods dictated by South African statutory requirements (e.g. the Companies Act and Tax Administration Act require financial records to be kept for a minimum of 7 years). Once mandatory retention periods expire, data is securely destroyed, deleted or permanently de-identified.
9. Your legal rights under POPIA
As a data subject, you hold specific enforceable statutory rights. You may request:
- Access: Confirmation of whether we hold your personal information, and a copy of the recorded data.
- Correction: The correction, amendment or update of inaccurate, misleading or incomplete records.
- Objection: To object to the processing of your data based on legitimate interests or for direct marketing purposes.
- Deletion: The erasure of your personal data if it is no longer necessary for its original purpose, or if the legal basis for processing relied solely on consent that you have since withdrawn.
Formal requests for records follow the procedure in our PAIA manual.
10. Contact details and complaints
To exercise any legal rights regarding your data, or if you have questions or a formal complaint regarding this policy, please contact our Information Officer directly:
- Firm name: Newtons Chartered Accountants
- Physical address: 27 Park Road, Willows, Bloemfontein, 9301
- Postal address: P.O. Box 42775, Heuwelsig, 9332
- Email: info@newtons-sa.co.za
- Telephone: +27 (0)51 403 4100
If you believe that your personal data has been processed unlawfully and we have not resolved your concern to your satisfaction, you have the right to lodge a formal complaint with the South African Information Regulator:
- Website: https://inforegulator.org.za
- Complaints email: complaints.IR@inforegulator.org.za