1. Who we are
CounselBilling.com ("CounselBilling", "we", "us") is operated by Duplum (Pty) Ltd t/a Duplum Technologies, a company registered in South Africa, with its principal place of business at 2 Long Street, Cape Town, 8001, South Africa.
CounselBilling is billing software for South African advocates and independent legal professionals. This policy explains what personal information we collect, why we process it, who we share it with, and what rights you have under the Protection of Personal Information Act 4 of 2013 ("POPIA").
This policy applies to the CounselBilling web application, our website at counselbilling.com, and any email we send you.
2. The two roles we play
This is the most important thing to understand about how we handle information, and it differs depending on whose information it is.
We are the Responsible Party for your account. When you register a practice, we decide how and why your registration details, billing information and usage data are processed. You deal with us directly about that information.
We are an Operator for the data you capture in the app. The instructing attorneys, firms, matters, fee narratives, invoices and payment records you enter belong to your practice. You determine what goes in and why. We process it only on your instruction, in order to provide the service. We do not decide what you capture, we do not use it for our own purposes, and we do not sell, license or disclose it.
Where we act as Operator, you remain the Responsible Party towards your own clients and instructing attorneys, and you carry the corresponding POPIA obligations to them.
3. Information we collect
3.1 Account and practice information
Provided by you when you register or configure your practice:
- Name, email address and telephone number
- Practice or chambers name and address
- Banking details displayed on your invoices
- VAT number and tax settings, where applicable
- Currency, locale and invoice numbering preferences
- Role within the practice (owner or secretary)
3.2 Matter and billing data
Entered by you or your secretary in the ordinary course of running your practice:
- Instructing attorney firms, their contact people and addresses
- Matter descriptions, case numbers and references
- Time entries, fee narratives and disbursements
- Invoices, statements, payment records and receipts
We treat this category as confidential in all circumstances. See section 6.
3.3 Payment information
Subscription payments are processed by PayFast. Card details are entered directly with PayFast and are not stored on our systems. We retain a payment token, the transaction result, and a record of amounts and dates for accounting purposes.
3.4 Technical information
Collected automatically when you use the application:
- IP address, browser type and device information
- Authentication events, including sign-in times and password changes
- Application logs and error reports
3.5 Marketing contacts
If you receive email from us about CounselBilling but are not a registered user, we hold:
- Your name and email address
- Your professional capacity — for example, that you practise as counsel
- Chambers, group or firm, where known
- A record of what we sent you and whether you opted out
4. Where the information comes from
Most information comes directly from you.
Where we send information about CounselBilling to legal professionals who are not registered users, contact details are obtained from referrals, previous contact with us, and publicly available sources. We do not purchase marketing lists.
5. Why we process your information, and on what basis
| Purpose | Information used | POPIA basis |
|---|---|---|
| Providing the billing application | Account, practice and matter data | Performance of our contract with you |
| Generating and emailing invoices and statements on your instruction | Matter and billing data | Performance of contract; your instruction as Responsible Party |
| Taking subscription payments | Account and payment data | Performance of contract |
| Support, troubleshooting and service notices | Account and technical data | Performance of contract; legitimate interest |
| Security, fraud prevention and access control | Technical and authentication data | Legitimate interest; legal obligation |
| Accounting and tax records | Payment and invoice data | Legal obligation |
| Sending information about CounselBilling to legal professionals | Marketing contact data | Consent, or legitimate interest in line with section 7 below |
6. Confidentiality of matter data
Information you capture about matters, instructing attorneys and clients may be subject to legal professional privilege and to your own duties of confidentiality.
We apply row-level security across our database so that data belonging to one practice is not accessible to another. Access by our personnel is restricted to authorised administrators, and only where necessary to operate the service or to respond to a support request.
We do not read, mine, analyse or use matter data to train models, generate insights, or for any purpose other than operating the service for you.
7. Direct marketing
If you are a registered user, we may send you service messages about your account, billing and material changes to the product. These are not marketing and you cannot opt out of them while you hold an account.
If you receive promotional email from us about CounselBilling:
- Every message identifies us as the sender and gives our contact details
- Every message contains a working unsubscribe link
- You may object to direct marketing at any time, at no cost, by using that link or by emailing hello@counselbilling.com
- If you object or unsubscribe, we stop sending promotional email and retain only the minimum record needed to ensure you are not contacted again
Objections and unsubscribe requests are actioned promptly and permanently.
9. Cross-border transfers
Some of our service providers process information outside South Africa, as set out in the table above. Where that happens, we rely on section 72 of POPIA and satisfy ourselves that the recipient is subject to laws or binding agreements providing an adequate level of protection, including onward-transfer restrictions.
10. How we protect information
- All data is transmitted over encrypted connections (HTTPS/TLS)
- Data is encrypted at rest by our database provider
- Row-level security is enforced on every table, isolating each practice's data
- Access is role-based, distinguishing practice owners from secretaries
- Authentication events are logged
- Card details are never stored on our systems
No system is completely secure. If a security compromise affects your personal information, we will notify you and the Information Regulator as required by section 22 of POPIA.
11. How long we keep information
| Information | Retention period |
|---|---|
| Account and practice data | For as long as your account is active |
| Matter and billing data | For as long as your account is active, then 90 days after closure to allow export |
| Invoices and payment records | 7 years, to meet company and tax record-keeping obligations |
| Technical and authentication logs | 12 months |
| Marketing contacts | Until you object or unsubscribe, or 24 months of no engagement |
| Suppression records | Indefinitely, so that we do not contact you again in error |
12. Your rights
Under POPIA you may:
- Ask what personal information we hold about you and request a copy
- Ask us to correct or delete information that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or unlawfully obtained
- Object to processing on reasonable grounds
- Object to direct marketing at any time
- Withdraw consent, where processing is based on consent
- Complain to the Information Regulator
To exercise any of these, contact our Information Officer at hello@counselbilling.com. We will respond within 30 days. We may need to verify your identity first.
If your request relates to information held inside a practice's account by an advocate using CounselBilling, we will refer you to that practice, as they are the Responsible Party for it.
14. Children
CounselBilling is a professional tool and is not directed at anyone under 18. We do not knowingly collect personal information from children.
15. Changes to this policy
We may update this policy from time to time. The current version is always available at counselbilling.com/privacy and the date at the top reflects the last revision. Where a change materially affects how we process your information, we will notify registered users by email before it takes effect.
16. Contact us
The Information Officer
Email: hello@counselbilling.com
Postal address: 2 Long Street, Cape Town, 8001, South Africa
Contact form
Responsible Party: Duplum (Pty) Ltd t/a Duplum Technologies
You may lodge a complaint with:
The Information Regulator (South Africa)
General enquiries: enquiries.IR@justice.gov.za
Complaints: complaints.IR@justice.gov.za
inforegulator.org.za