Phone: +27 72 282 7528

Phone: +27 72 282 7528

Privacy Policy

  1. Introduction
    • Andrew Martin & Associates Inc trading as AMA Law (“we”, “us” or “our”) is committed to protecting and respecting your privacy. This Policy describes how we collect and process your personally identifiable information (“Personal Information”).
    • Please do not provide us with any Personal Information if you do not agree with this Policy. Except in the circumstances indicated in this Policy relating to our collection of special Personal Information, we encourage you not to provide any special Personal Information to us.
    • Your provision of Personal Information to us is voluntary, although if you do not provide certain Personal Information to us, you may not be able to engage effectively with us. By submitting your Personal Information to us, you agree and consent to our processing and transfer of your information in accordance with this Policy. We will take all steps reasonably necessary to ensure that your information is treated securely and in accordance with this Policy.
  2. Who are we?
    • You know us as AMA Law, a specialised boutique legal practice and consultancy, which specialises in the law relating to artificial fertilisation of persons. We offer comprehensive, personalised legal solutions to people wishing to preserve, start and expand their family through fertility preservation, surrogacy, egg/sperm donation and gamete/embryo donation. We specialise in the law relating to assisted reproductive treatment (ART) and artificial fertilisation of persons wishing to start or expand their family through surrogacy, egg / sperm donation or embryo donation and more recently with both embryo and gamete disposition.
    • Protecting your Personal Information is important to us, and we would like to explain why we collect, store, and use your Personal Information and assure you that we will keep your Personal Information confidential. We will only share your Personal Information when legally required to do so, if we need to do so to fulfil our agreement with you, or you have given us your consent to do so.
    • Our offices are located at:
      • Spaces Cape Town: 4th Floor, 21 Dreyer Street, Claremont, Western Cape, Cape Town 7708, South Africa.
      • Spaces Umhlanga: 2 Ncondo Place, Ridgeside, Umhlanga Ridge, Durban 4320, South Africa.
      • Spaces Johannesburg: Atrium on 5th, 9th Floor, 5th Street, Sandton, Johannesburg.
      • Spaces Pretoria: Menlyn Maine, Pegasus Building, 210 Amarand avenue, Waterkloof Glen ext 2, Pretoria 0181, South Africa.
  3. How We Collect Your Information
    • As you interact with us, you will likely provide Personal Information directly to us. We may collect Personal Information when you are established on our system as a client or customer, use our website at Fertility Law | Legal Practice relating to Artificial Fertilisation Laws (the “Website”), use or interact with our social media platforms, apply for employment with us, contact us via mail, telephone, email, the Website or electronic forms and otherwise through your dealings with us. We may also collect Personal Information about you from personal or trade references that you have identified to us.
  4. Information We May Collect
    We may collect the following Personal Information about you:

    • as applicable, your name, email address, home or work telephone number, address, trading name, registration number, ID number, VAT number, business details, bank details, education, qualifications, employment history, references and other information you provide to us;
    • certain Special Personal Information such as gender and race which you provide to us when applying for employment with us;
    • details of your orders and transactions with us;
    • information contained in correspondence between us;
    • information that you provide when filling in forms on the Website or when responding to surveys;
    • details of your visits to the Website (including but not limited to login credentials, traffic data, IP address, location data, browser type, “visitor action pixels” from Facebook and other third-party tracking technologies, information collected via cookies and server logs); and
    • your image may be captured on CCTV cameras if you attend at the premises of our offices
  5. Where We Store Your Information
    • The Personal Information that we collect from you is stored in locked physical storage, on our secure servers.
    • We have reasonable and appropriate security measures in place to protect the information we hold and to prevent unlawful processing, unauthorised access and accidental loss, destruction, or damage. The Website uses secure socket layer (SSL) for authentication and private communications.
    • Unfortunately, the transmission of Personal Information via the internet or email is not completely secure. Although we will do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted via the Website or email; any such transmission is at your own risk. Once we have received your Personal Information, we will use strict procedures and security features to try to prevent unauthorised access.
    • We retain your Personal Information for as long as needed or permitted considering the purposes for which it was obtained. The criteria used to determine our retention periods include but are not limited to the length of time we have an ongoing relationship with you and our legal obligations and legitimate business interests.
  6. How We Use Your Information
    • We use Personal Information held about you in the following ways, where applicable:
      • to provide you with services requested and improve our services to you if you are a client;
      • to purchase goods and services from you if you are a supplier;
      • to provide you with the products or services you have requested from us and perform our duties in terms of the contractual relationship we have with you;
      • to operate the Website and ensure that content on the Website is presented in the most effective manner for you and for your computer and to efficiently administer and improve the Website;
      • contact you via surveys to conduct research about your opinion on our work, although participation in surveys is voluntary;
      • to consider any application you make to us for employment;
      • to comply with applicable laws and regulations;
      • to respond to your queries and manage our relationship with you;
      • to measure the effectiveness of our advertising for statistical and market research purposes;
      • to send you information you might be interested in our various newsletters, to which you can subscribe. You can unsubscribe from our newsletters at any time and thereafter we will not send them to you.
    • Please also note that we also receive and store standard information from you of a non-identifiable nature, which is information which is received when you interact with the Site regarding your internet connection and online services. We may use such information to track movements on the Site and improve the Site and online services. Such information will include the URL you came from, IP address, domain type, browser type, country your device is located and any search terms you entered on our website. This information will not identify you unless combined with Personal Information and we do not use Personal Information in this process.
    • Furthermore, we do not knowingly collect Personal Information of children without the consent of a parent or guardian.
  7. Disclosure / Transfer of Your Information
      • We generally do not disclose your Personal Information to third parties. However, it may be necessary from time to time to make your Personal Information available to other members of our affiliates (such as legal and regulatory authorities, accountants, auditors, lawyers and other professional advisers, sub-contractors or providers of products and services).
      • If we decide to or are required to transfer your Personal Information to third parties, we will do so only once written contracts are in place to ensure the security of your information and we will use strict procedures and security features to try to prevent unauthorised access.
      • We may disclose your information to the extent necessary to enforce our Terms and Conditions of Residence or any other agreement with you, to enforce our Website Terms, to comply with a legal obligation or to protect the rights, property or safety of us or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
      • We use Google Analytics to collect traffic statistics for the Website and this information is shared with Google. You can opt-out of Google Analytics by installing the Google Analytics opt-out browser add-on. For more information, please visit the Google Privacy Terms.
  8. Your Rights
    • You have the following rights in relation to the Personal Information we hold about you:
      • the right to access information held about you;
      • the right to request the correction of your information; we strive to maintain accurate information so if it is determined that your information is not accurate, we will work quickly to correct it;
      • the right to opt-out of marketing communications;
      • the right to request the deletion of your information, in which case we will use reasonable efforts to delete your information.
    • For your protection, we may only implement requests with respect to the Personal Information associated with the details you provide to us and we may need to verify your identity before implementing your request. We will respond to your request as required by applicable laws as soon as reasonably practicable.
    • Please note that we retain backup systems, which are essential to the operation of our organisation. If we are not able to delete residual copies from our systems or from our backup systems, your Personal Information will continue to be protected as required under this Policy.
  9. How do We Protect Your Personal Information?
    • We take all reasonable and appropriate measures to ensure that your Personal Information is safeguarded and secure. We have reasonable standards of technology and operational security in place to attempt to prevent loss or misuse of any Personal Information. Any of our authorised employees who are responsible for the maintenance of any special Personal Information as defined by the Protection of Personal Information Act (No. 4 of 2013) (hereinafter “POPIA”) submitted by you, are requested to maintain the confidentiality of such information, unless you have expressed to us otherwise.
    • Whenever we commission other organisations to provide support services to us, we will bind them to our privacy policies as far as they may be required to have access to our customers’ Personal Information to perform such services. Our Website may contain links to or from other sites. While we try to link only to sites that share our high standards and respect for privacy, we are not responsible for the content, or the security or privacy practices employed by other sites. We recommend that you always read the privacy and security statements on such sites.
    • When we will disclose Personal Information without consent. We will not disclose Personal Information to anyone outside the organisation or organisations who provide services to us without your permission unless:
      • we are compelled to do so by law or in terms of a court order;
      • it is in the public interest to do so;
      • it is necessary to protect our rights
    • However, no system is perfect unfortunately and we cannot guarantee absolute security despite our best efforts. In the event that there is a privacy breach, we have to let you know unless we are obligated by law not to do so.
  10. What are Cookies and How We Use Them
    • We may use cookies, which are small text files stored in a user’s browser, or web beacons, namely electronic images that allow this Website to count users who have accessed a particular page and to access certain cookies, to ensure that the Website is well managed and to facilitate improvement of the Website. Furthermore, we may use cookies to collect aggregate data and to track information on our systems and identify categories of users by items such as IP addresses, domains, browser types and pages visited from time to time.
    • Cookies are not computer programs and do not run on a computer like programs do. The cookies located on our Website cannot gather information or function on their own. They cannot collect any Personal Information about you or your machine and cannot gather data or Personal Information about what you do on the Internet. Cookies merely enable us to provide a more valuable online experience to you. While you can set up your Internet browser to disable cookie technology, we do not recommend that you do this since some parts of this Website and our online services may not function properly, or at all.
  11. Marketing: Mail, Email, or SMS promotions
    Provided that you have agreed to this, we may use your personal or other information to send you information on new services or products that may be of interest to you and from time to time will mail, email or SMS information to you about us, or our products and services. If you do not wish to continue receiving this information you may contact us and we will remove you from our mailing list.
  12. The General Data Protection Regulations
    The principles set out in this Policy are also aimed at compliance with the EU General Data Protection Regulations, to the extent applicable.
  13. Changes to this Policy
    We will periodically review our privacy practices, which are subject to change. Any changes we may make to this Policy in the future will be posted on this page.
  14. Contact
    For the purpose of the POPIA, the responsible person is AMA Law. Please contact our Information Officer at andrew@fertilitylaw.co.za if you have questions regarding this Policy or our privacy practices, if you would like to review, correct, update or delete the information we hold about you, if you would like to object to or withdraw your consent to our use of your information or if you would like to opt-out of marketing communications.
  15. Details of authorities
    If you wish to report a complaint regarding your Personal Information that we hold if you are unhappy that we have not addressed your concerns satisfactorily, you can contact the Information Regulator at: inforeg@justice.gov.za.