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POPIA

1.Introduction

The Constitution of the Republic of South Africa provides that every person has a right to privacy.

The purpose of this Act is to —

  • give effect to the constitutional right to privacy, by safeguarding personal information when processed by a responsible party, subject to justifiable limitations that are aimed at—
  • balancing the right to privacy against other rights, particularly the right of access to information; and
  • protecting important interests, including the free flow of information within the Republic and across international borders;
  • regulate the manner in which personal information may be processed, by establishing conditions, in harmony with international standards, that prescribe the minimum threshold requirements for the lawful processing of personal information;
  • provide persons with rights and remedies to protect their personal information from processing that is not in accordance with this Act; and
  • establish voluntary and compulsory measures, including the establishment of an Information Regulator, to ensure respect for and to promote, enforce and fulfill the rights protected by this Act.

Our Information is as follows:

  • Durbanville Properties PTY LTD
  • Our website address is: https://durbanvilleproperties.net
  • Registration Number: 2019 / 579549 / 07
  • E-Mail: hugo@durbanvilleproperties.net
  • Information Officer: Hugo van Schalkwyk

2.How we collect information from our:

  • Sellers: When they contact us directly or by referral
  • Buyers: When they respond on property 24 and our website
  • Landlords: When they contact us or by referral
  • Tenants: When they respond to ads and voluntarily supply their information to us
  • Third Party Service Providers: By Mail
  • The agent decides which information must be obtained

3.What personal data we collect and the use of it

  • All details given by the clients voluntarily
  • When you first disclosed your personal information to us, you did so for a specific purpose, you gave us a mandate (including in terms of an agreement) to deliver a service and/or product to you. We will only process your personal information in line with that specific and legitimate purpose or mandate. When the mandate has been completed, we will either store, delete or de-identify your information (depending on the specific circumstances)
  • If any further processing of your personal information is necessary, we may and will only do so if the further processing is in line with the initial mandate that you have given us. If further processing is not compatible with the initial mandate, then we will first acquire your consent before any further processing.
  • We do reserve the right to process your personal information for other legitimate purposes as set out in clause 11. However, we shall notify you if we process your personal information regardless of our justification.

4.How we protect your data

  • Our agents and the agency store the information on cloud, hard drive and laptops. They have passwords on all devices and are trained to keep information safe

5.What data breach procedures we have in place?

  • We have an IT Specialist that look regularly at the security of our devices.
  • When we believe that there was a security breach, we will notify all parties involved including the Information Regulator

6.What third parties we receive data from?

  • We receive data from third parties when we search for information about properties. Examples of these are Lightstone, TPN, Property 24. These third parties are POPIA compliant.
  • only collecting personal information for the purposes of doing business with you and will use the information only for that purpose;
  • take reasonable measures to keep your personal information secure;
  • only retaining your personal information for as long as is necessary or in accordance with applicable laws;
  • never sell your personal data to third parties under any circumstances;
  • ensure that when we share your personal information to any third party e.g., to do a credit check that they have appropriate security measures in place to protect your personal information.
  • When we send you any marketing information, we will always give you the option to opt out.

7.Record keeping of information obtained

  • When we obtain any information from a client, we store the info on a database and in some cases when it is in writing it is stored in a lockable filing cabinet

8.How does each agent and the agency store the information and where?

  • When information is given per WhatsApp or SMS on a cellular phone, the information is kept safe by passwords;
  • Agents store information on cloud, hard drive and laptops and in some cases in lockable filing cabinets or lockable storing rooms.

9.How is this information then distributed to third parties?

  • By mail

10.How and at which point does the information get destroyed/deleted in our agency and by our agents?

  • By deleting the info from the file as well as from the recycle bin on the laptop/desktop

This will be done when a client request not to be contacted.

11.Who decides what information must be obtained?

  • The agent

12.Are the above processes contained in a policy and systematically applied?

  • Yes

13.Objections and concerns

All queries can be directed to the information in clause 1 of this policy

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