Privacy & Cookie Notice
About this Notice
This Website Privacy & Cookie Notice explains how Yellow Road Mediation (Pty) Ltd (“Yellow Road”, “we”, “us” or “our”) collects, uses, shares, stores and protects personal information when you visit our website, contact us, make an enquiry, or engage with us about mediation or related services.
Yellow Road is an independent South African mediation practice. Our services include commercial mediation, civil mediation, workplace mediation, community mediation, pre-mediation consultations and contract negotiation assistance. Our work may involve sensitive dispute information and information about more than one person. We therefore treat confidentiality and privacy as central to the way we work.
Responsible party: Yellow Road Mediation (Pty) Ltd
Registration number: 2025/230310/07
Information Officer: Sigrid Susanne Prinsloo
Email: info@yellowroadmediation.com
Telephone: 072 293 2006
Website: https://yellowroadmediation.com
Registered office: 6 Cavalcade Road, Green Point, Cape Town, 8051
1. Information we may collect
1.1 When you contact us or make an enquiry
Your name, contact details and preferred method of contact.
The broad nature of the dispute or service you are asking about.
Names of other relevant parties where needed to understand the enquiry or check potential conflicts.
Information is contained in emails, contact forms, telephone messages or documents you choose to send us.
Please do not send highly sensitive documents through a general website enquiry form unless we have asked you to do so or have provided an appropriate method for sending them.
1.2 When we are engaged for a matter
We may receive identity and contact information, contracts, correspondence, legal or employment documents, financial information, property information, company information, factual statements, allegations, settlement proposals and other material relevant to the dispute. Depending on the matter, this may include special personal information or information about children.
1.3 Information about other people
A mediation party, representative, employer, employee, attorney, family member or other person may provide us with information about someone else. We process that information only to the extent reasonably necessary for the mediation, related administration, legal obligations or another lawful purpose.
1.4 Technical and website information
When you use the website, our hosting, security and analytics technologies may process technical information such as your IP address, browser type, device information, date and time of access, pages viewed, referring website and cookie preferences. The exact information depends on the technologies enabled on the website at the time.
2. Why we use personal information
- To respond to enquiries and assess whether mediation or another service may be suitable.
- To perform pre-mediation consultations, open and administer matters, arrange sessions and communicate with participants.
- To provide commercial, civil, workplace or community mediation and contract negotiation assistance.
- To understand the dispute and facilitate a voluntary, informed resolution process.
- To issue invoices, process payments and meet accounting or tax obligations.
- To comply with applicable laws, court orders and regulatory duties.
- To protect our lawful rights, maintain professional standards and deal with complaints.
- To operate, secure and improve our website and communications systems.
- To send permitted service information or marketing communications, subject to applicable consent and opt-out requirements.
3. Our lawful basis for processing
POPIA permits processing on several grounds. Depending on the situation, we may process information because you have consented, because processing is necessary for a contract or steps relating to a contract, because the law requires it, because it protects a legitimate interest of the data subject, or because it is necessary to pursue a legitimate interest of Yellow Road Mediation or a third party as permitted by law.
We do not rely on consent for every processing activity. Where we do rely on consent, you may withdraw it, but withdrawal does not affect processing that was lawful before withdrawal or processing that is justified on another lawful ground.
4. Mediation confidentiality
The substance of a mediation is not treated as ordinary marketing or customer data. Mediation information is handled in accordance with the mediation agreement, applicable confidentiality obligations, the parties’ instructions and applicable law.
4.1. Private discussions with the mediator
If you give the mediator information in a private caucus or separate confidential communication, the mediator will not ordinarily disclose that information to another party without your authority, unless disclosure is permitted or required by the applicable mediation terms or law.
4.2. Recordings
Yellow Road Mediation does not routinely record mediation sessions. A mediation session will only be recorded where there is a clear lawful purpose and the appropriate participants have been informed and, where required, agreed. Recording functions on virtual meeting platforms should otherwise remain disabled.
4.3. Case studies and publicity
We will not publish the identity of mediation parties or the confidential substance of a dispute for marketing or educational purposes without an appropriate lawful basis and, where necessary, consent. Any genuinely anonymised or de-identified example must not reasonably be capable of being linked back to the parties.
5. Special personal information and children
Some disputes may involve health information, trade-union information, race or ethnicity, religious or philosophical beliefs, political persuasion, biometric information, criminal allegations or other special personal information. We process such information only where a lawful authorisation under POPIA applies, for example where it is necessary for the establishment, exercise or defence of a right or obligation in law, where consent is appropriate, or where another POPIA authorisation applies.
Where information about children is relevant, we apply additional care and process it only where authorised under POPIA and reasonably necessary for the relevant purpose.
6. Sharing information
We do not sell personal information. We may share information only where reasonably necessary and lawful, including with:
the other mediation party or their representative where disclosure forms part of the mediation process and is authorised or otherwise permitted;
professional advisers, insurers or legal advisers where reasonably necessary to protect lawful interests;
service providers that support our website, email, cloud storage, video conferencing, accounting, IT or document management;
courts, regulators, law-enforcement authorities or other persons where disclosure is required or permitted by law; and
another person where you have authorised the disclosure.
Where a service provider acts as our operator under POPIA, we require appropriate confidentiality and security obligations.
7. International or cross-border processing
Some technology providers may host or process information outside South Africa. Where section 72 of POPIA applies, we will use a legally permitted basis for the transfer, such as adequate protection, appropriate contractual safeguards, consent where appropriate, or another statutory basis.
Because mediation documents may be especially sensitive, we limit what is placed on third-party platforms to what is reasonably necessary for the service being used.
8. How long we keep information
We keep personal information only for as long as it is reasonably required for the purpose for which it was collected or subsequently lawfully processed, or for a longer period where required or authorised by law, contract, legitimate dispute-resolution or risk purposes, or another lawful basis.
Different records have different retention periods. An unanswered website enquiry, an active mediation file, a signed settlement document and a tax invoice do not all need to be kept for the same period. We review records and securely delete, destroy or de-identify information when there is no longer a lawful reason to retain it.
9. Security
We use appropriate, reasonable technical and organisational measures to protect personal information against loss, misuse, unauthorised access, alteration or disclosure. These may include password controls, multi-factor authentication where available, restricted file access, device security, software updates, secure backups and careful document-sharing practices.
No internet transmission or electronic storage method is completely risk-free. If we become aware of a security compromise affecting personal information, we will take the steps required by POPIA, including notification to the Information Regulator and affected data subjects where required.
10. Your rights
Subject to POPIA and PAIA, you may have the right to:
- ask whether we hold personal information about you and request access to it;
- request correction or deletion of inaccurate, irrelevant, excessive, out-of-date, incomplete, misleading or unlawfully obtained personal information;
- object to certain processing where POPIA permits an objection;
- withdraw consent where our processing depends on consent;
- ask us to stop direct marketing; and
- lodge a complaint with the Information Regulator.
These rights are subject to lawful limitations, including the rights and privacy of other people, mediation confidentiality, legal privilege, legal retention duties and the establishment, exercise or defence of legal rights.
To exercise a right, contact the Information Officer at info@yellowroadmediation.com. We may ask for proof of identity or authority before acting on a request.
11. Direct marketing
We may send information about our services where permitted by POPIA and other applicable laws. Where prior consent is required for electronic direct marketing, we will request it before sending the marketing communication. Every marketing communication should provide a simple way to opt out, and an opt-out request will be respected without charge.
Service, scheduling, billing and other communications necessary to manage an enquiry or mediation are not treated as marketing merely because they are sent electronically.
12. Cookies and similar technologies
12.1. What cookies are
Cookies are small data files placed on or accessed from your device when you visit a website. Similar technologies may be used for security, functionality, preferences, analytics or embedded third-party content.
12.2. How our website uses cookies
Our website may use the following categories of cookies or similar technologies, depending on which website functions are enabled:
The website should not claim to use specific analytics, advertising or tracking products unless that product is actually deployed. The live cookie banner or preference tool should be kept consistent with this Notice and should identify the non-essential technologies that are active at the time.
12.3. Managing cookies
Where a cookie preference tool is available, you can use it to accept, reject or change non-essential cookie choices. You can also manage cookies through your browser settings. Blocking certain cookies may affect how parts of the website function.
13. Third-party websites and embedded services
Our website may link to or embed services provided by third parties. Their privacy and cookie practices are governed by their own notices. Following an external link or choosing to use an embedded third-party service may result in that provider processing your information independently of Yellow Road.
14. Complaints and contact details
If you have a privacy question, want to exercise a right or have a complaint, please contact:
Information Officer: Sigrid Susanne Prinsloo
Email: info@yellowroadmediation.com
Telephone: 072 293 2006
Address: 11 Leinster Court, 6 Cavalcade Road, Green Point, Cape Town, 8051
You may also complain to the Information Regulator (South Africa):
Physical address: Woodmead North Office Park, 54 Maxwell Drive, Woodmead, Johannesburg
Postal address: P.O. Box 31533, Braamfontein, Johannesburg, 2017
Telephone: 010 023 5200
Email: enquiries@inforegulator.org.za
Website: https://inforegulator.org.za
15. Changes to this Notice
We may update this Notice when our services, website, systems, service providers or legal requirements change. The current version should be published on our website with its effective date. Material changes shall be reflected promptly in the website’s cookie and consent configuration where relevant.
Let’s talk about your particular matter.
Sigi Prinsloo, Director
email: info@yellowroadmediation.com