Privacy policy

Nine Yards Counsel (“NYC”, “we”, “our”, “us”) respects your privacy and is committed to protecting your personal information in line with the Protection of Personal Information Act, 4 of 2013 (POPIA) and other applicable laws.

1. Who we are

Nine Yards Counsel – Digital Agency, based in South Africa, providing design, digital, and marketing services to clients locally and abroad.

2. Scope

This policy applies when you visit our website, engage our services, subscribe to our communications, or interact with us through email or SMS, including affiliate/partner communications sent by NYC.

3. Responsible Party and Information Officer

NYC is the Responsible Party under POPIA. We have appointed an Information Officer (Data Protection Contact) to oversee compliance.

We will register the Information Officer with the Information Regulator as required by law.

4. Personal information we collect

  • Identity and contact details (name, email address, mobile number, organisation, role).
  • Engagement and technical data (email opens/clicks, SMS responses, device/browser, IP, pages viewed, cookies).
  • Transactional data (quotes, invoices, subscriptions, contracts) where relevant to our services.
  • Any information you voluntarily provide to us.

5. How we collect information

  • Directly from you (forms, enquiries, consultations, sign-ups).
  • Automatically (cookies, analytics, pixels when you browse our site).
  • From trusted partners/affiliates where you have subscribed to receive NYC affiliate communications.

6. Why we process your information (Purposes)

  • To provide and improve our services and support.
  • To send NYC updates, invitations, and carefully selected partner promotions where consent exists or is reasonably expected from your relationship with us.
  • To operate our website, analytics, security, and fraud prevention.
  • To comply with legal and regulatory obligations.

7. Lawful grounds (POPIA)

We rely on one or more of the following justification grounds: your consent; processing necessary to perform or conclude a contract with you; processing required by law; and/or NYC’s legitimate interests (such as running an effective, secure business and communicating with our consenting audience), balanced against your rights.

8. Direct marketing (email & SMS) and partner promotions

We may send you marketing communications, including promotions from trusted partners, through NYC. Every message will:

  • Clearly identify NYC as the sender;
  • Provide an unsubscribe link (email); and
  • Allow SMS opt-out by replying “STOP” (standard rates apply).

You can withdraw consent or update preferences at any time via the link in our emails or by contacting privacy@nineyardscounsel.com.

9. Cookies and analytics

Our website (hosted on Shopify and related platforms) uses essential and analytics cookies to operate, measure, and improve performance. You can manage cookies in your browser settings. Some features may rely on third-party scripts (e.g., Shopify, Google/Meta pixels); their processing is governed by their respective privacy terms.

10. Sharing and disclosures

We may share personal information with:

  • Service providers (email/SMS platforms, hosting, analytics, payment, design/production) bound by confidentiality and POPIA-aligned terms;
  • Professional advisers (legal, accounting) where necessary; and
  • Authorities if required by law or to protect rights, safety, or security.

We do not sell personal information. Any partner promotions are sent by NYC, unless you expressly consent to sharing with a specific partner.

11. Cross-border transfers

Some providers may process data in other countries. We use providers that offer adequate protection (contractual safeguards or equivalent protections) consistent with POPIA.

12. Security

We implement reasonable technical and organisational measures to secure personal information against unauthorised access, loss, or misuse. Access is limited to authorised personnel and processors on a need-to-know basis.

13. Retention

We retain personal information only as long as necessary for the purposes set out above or as required by law. When no longer needed, we delete or de-identify information in a secure manner.

14. Your rights

Under POPIA, you may request to:

  • Access and obtain a copy of your personal information;
  • Correct or update your information;
  • Object to processing (including direct marketing);
  • Request deletion where legally permissible; and
  • Withdraw consent at any time.

To exercise your rights, contact our Information Officer at privacy@nineyardscounsel.com. We may need to verify your identity and will respond within reasonable timeframes.

15. Complaints

If you are dissatisfied with how we process your personal information, please contact us first. You may also lodge a complaint with the Information Regulator (South Africa):

16. Children

Our services are not directed at children under 18. We do not knowingly collect personal information of children without appropriate consent.

17. Changes to this policy

We may update this policy from time to time. Significant changes will be posted on our website with an updated “Last updated” date.

Partner Campaigns – Compliance Footnote

All communications are delivered in line with POPIA requirements; unsubscribe and SMS opt-out options are provided in every message.