1.1. In accordance with the Protection of Personal Information Act 4 of 2013 (the Act), this policy serves to inform you how we obtain, use and disclose your personal information.
1.2. PROTEA REAL ESTATE is a Real Estate Agency offering property sales and affiliated property services.
1.3. The agency is bound by the provisions of the aforesaid Act.
1.4. PROTEA REAL ESTATE will ensure that its client’s information is kept confidential and used securely, transparently and appropriately in accordance with the Act and in accordance with our mandate from our clients.
2. COLLECTION OF PERSONAL INFORMATION
2.1. PROTEA REAL ESTATE obtains personal information relative to the real estate services being provided to its clients.
2.2. The information requested will depend on the need for which it is collected and will be used solely for that purpose for example:
2.3. If you are a prospective purchaser of a property, to provide you with market related information in respect of properties that may be for sale;
2.4. If you are a prospective seller of a property, to provide you with market related information in relation to, for example, market trends in your area, a market assessment of your property and related information;
2.5. In order to contact you and keep you updated throughout a transaction in the event of the sale of your property, or the prospective sale of your property;
2.6. To keep you updated throughout the transaction in relation to a property you may have purchased, or is in the process of, or has shown interest in, purchasing;
2.7. In terms of the FIC Act, real estate agencies are accountable institutions, in terms of which we are required to establish the identity of the client with whom we create a business relationship, accordingly we request documents such as your identity document/passport and proof of address and which we are obliged to keep on record for such purposes as may be prescribed in terms of relevant legislation;
2.8. We will also need to establish your marital status as deeds registered at the Deeds Office have to reflect the marital status of parties who are selling, purchasing or bonding properties in their individual capacities. In this regard, if you are married, we will request that you provide us with a copy of your marriage certificate and ANC contract if you are married out of the community of property;
2.9. If you represent a legal entity such as a company, the legal entity’s information that are relevant to the transaction and in accordance with our mandate.
2.10. We will obtain the required personal documents directly from you or from a third party with your consent.
3. HOW WE USE YOUR INFORMATION
3.1. We undertake to use your personal information only for the purpose for which it was collected from and agreed with you. In addition, your personal information may be retained where you expressly consent to receiving our newsletter and other company news.
3.2. In terms of Section 11 of the Act personal information may only be obtained if certain conditions are met, these are:
3.2.1 Clients consent to the processing of their information: consent is obtained from clients upon initial instruction to provide real estate services, which consent may be written, verbal, tacit or implied;
3.2.2 Processing is necessary: the requested information will be reasonably necessary in order for PROTEA REAL ESTATE to perform its function in terms of its mandate from a client, to market its services by means of, for example, newsletters to clients, with their consent;
3.2.3 Process complies with an obligation imposed by law: PROTEA REAL ESTATE is bound by law to obtain and process personal information with clients it creates a business relationship with (e.g. FICA);
3.2.4 Process protects a legitimate interest of the client;
3.2.5 Process is necessary for pursuing the legitimate interests of the responsible party or a third party to whom the information is supplied.
3.3 In addition your information may be retained for legal purposes, for example:
3.3.1 To confirm and verify your identity or to verify that you are an authorised user for security purposes;
3.3.2 For the detection and prevention of fraud, crime, money laundering or other malpractice;
3.3.3 To conduct market or customer satisfaction research or for statistical analysis;
3.3.4 For audit and record-keeping purposes;
3.3.5 In connection with legal proceedings.
4. DISCLOSURE OF INFORMATION
4.1. As stipulated above, we may disclose your information to third parties, who are involved in your transaction, for example, the nominated conveyancers upon the sale of a property.
4.2. We may also disclose your information in the following circumstances:
4.2.1 Where we are required to do so by law,
4.2.2 In order to protect our rights.
5. INFORMATION SECURITY
5.1. It is one of our legal obligations not to disclose your personal information and to prevent unauthorised access to and use of your personal information.
5.2. In order to achieve this, we will on a regular basis review our security controls and processes to ensure that your personal information remains secure.
5.3. The following procedures are in place to ensure that your information is protected:
5.3.1 We will ensure that third parties whom we contract are bound by security, confidentiality and privacy obligations to guarantee that personal information for which we are responsible, remains secure;
5.3.2 We will confirm that anyone to whom we pass your information agrees to treat your information with the same level of protection as we are obliged to;
5.3.3 Sonja Buhrmann, our managing partner, is the authorised compliance officer of PROTEAREAL ESTATE and is responsible for compliance with the Act;
5.3.4 This policy will be in place throughout PROTEA REAL ESTATE and training on this policy and the provisions of the Act will be conducted and overseen by the compliance officer;
5.3.5 Employees, agents and independent contractors will be required to sign confidentiality agreements which will be annexed to their employment contracts;
5.3.6 All employees/independent contractors/agents are bound by the procedures of PROTEAREAL ESTATE’S POPI Policy in order to ensure that client’s information is secure.
6. ACCESS TO INFORMATION
You have a right to request copies of the information we hold about you. You may contact our compliance officer on: 082 773 5768; firstname.lastname@example.org
We will request a copy of your Identity document to properly identify you prior to providing you with the information.
Should you have any enquiries about this policy or wish to withdraw your consent, kindly do not hesitate to contact us.