Privacy Policy

INTRODUCTION

The Protection of Personal Information Act 4 of 2013 ('POPIA' or ‘the Act’) was introduced in South Africa to protect people from identity and financial damage by protecting their personal information. This is a fundamental human right.

As such, RAD Properties Pty Ltd, a corporate real estate agency, has a dedicated Privacy & Confidentiality Policy, which alerts our website users to the collection, safeguarding and disclosure of their personal and often sensitive data for the lease, purchase or sale of client’s office space and/or building.

Personal information has always been a vital part of the real estate industry as this information is used to complete documentation such as lease agreements, FICA compliance affidavits, bond approvals, mortgage bond applications and transfer deeds. This information is also regularly passed on to governmental bodies such as SARS, the deeds offices and municipalities as well as homeowners’ associations and financial institutions.

The lawful processing and discarding of personal information is controlled by a responsible party or data controller.

We also use your information or data to add to and improve our website. By using our website, it is agreed that the collection and use of information provided, unless specifically stated, is in accordance with this Privacy & Confidential Policy.

DEFINITIONS
RAD Properties Pty Ltd herein known as ‘RAD’
PERSONAL INFORMATION/DATA means data about a person who can be identified from information either in our possession or likely to come into our possession.
USAGE DATA is data collected automatically either generated by the use of the RAD website or from the website infrastructure itself.
COOKIES are small files stored on your device (computer or mobile device), which may include an anonymous unique identifier.
RESPONSIBLE PARTY OR DATA CONTROLLER means a natural or legal person who (either alone or jointly or in common with other persons) determines and is responsible for the processing of personal information, whether it be in the collection, safeguarding or destruction of that information to ensure up-to-date security. For the purpose of this Privacy & Confidentiality Policy, RAD is the responsible party of your data.
DATA PROCESSORS (OR SERVICE PROVIDERS) means any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively.
DATA SUBJECT or USER is any person whose personal information is collected or kept by the responsible party. There are also specific rights of data subjects, which aim to protect the personal information of all data subjects.
RESPONSIBLE PARTY is anyone who is responsible for the processing of personal information, whether it be in the collection, safeguarding or destruction of that information.

• This person will ensure the integrity of every step taken during the processing of personal information, and will ensure that the guidelines and regulations of the POPI Act are always adhered to
• This person will put in place the necessary measures that safeguard information against any possible internal or external risks and will regularly update these safeguards to ensure up-to-date security.

DATA SUBJECTS are essentially any person whose personal information is collected or kept by the responsible party. The POPI Act includes a non-exhaustive list of exactly what is considered personal information, which responsible parties have familiarised themselves with. The Act also includes the specific rights of data subjects, which aim to protect the personal information of all data subjects.

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PURPOSE OF THIS POLICY
The purpose of this policy is to describe how and why we collect, store, use, share or otherwise process your personal information. It also explains your rights in relation to your personal information and how to contact us if you have a question or complaint.

POPI ACT AND THE REAL ESTATE INDUSTRY
Under POPIA, personal information may only be processed (ie., collected, stored, used, shared) if the data subject (or a competent person if the data subject is a child) expressly consents to the processing of the personal information, unless the exclusions with regard to consent apply.

The information processed can also be a third party, if the processing is outsourced, allowing RAD to collect and use the personal information of a seller or buyer in a property sale transaction and share it with the conveyancing attorney.

Such use (processing) will be limited to the purpose of the transaction and only the information reasonably required will be obtained and shared under this exclusion. The collection, sharing and use of the information will furthermore processed responsibly.

RAD will also not be able to hand over any information of tenants and interested buyers to landlords and sellers without the necessary policies having been set up and permissions gained.

Marketing applications for newsletters and campaigns to special offers and latest listings, will have the necessary permissions to continue with such communications.

The Act stipulates that:‍

• companies comply with an obligation imposed by law on the responsible party
• protects a legitimate interest of the data subject
• is necessary for the proper performance of a public law duty by a public body
• is necessary for pursuing the legitimate interests of the responsible party or of a third party to whom the information is supplied
• the personal information must ideally be collected directly from the data subject, except in some instances, for example, where the information is already contained in, or derived from, a public record, or has deliberately been made public by the data subject, or where a collection of the information from another source would not prejudice a legitimate interest of the data subject.

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INFORMATION COLLECTION AND USE
We collect several different types of information for various purposes and to provide and improve our website service to our clients.

TYPES OF DATA COLLECTED

PERSONAL DATA

We may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:

• Email address
• First name and last name
• Phone and/or cell phone number
• Address, City, Province, State, Country, ZIP/Postal code
• Cookies and Usage Data

We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link.
USAGE DATA
We may also collect information that your browser sends whenever you visit our website or when you access our website or through any device (“Usage Data”).

This Usage Data may include information such as your computer’s Internet Protocol address (IP address), browser version, the pages of our website that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When you access our website with a device, this Usage Data may include information such as the type of device you use, your device unique ID, the IP address of your device, your device operating system, the type of Internet browser you use, unique device identifiers and other diagnostic data.
LOCATION DATA
Means that only with your permission, we may use and store information about your location. We use this data to provide features of our website for customization.

You may disable location services at any time by way of your device settings.
TRACKING OR COOKIES DATA
We may use cookies and or similar tracking technologies to track the activity on our website.

Other tracking technologies may also used such as beacons, tags and scripts to collect and track information to improve and or analyse our website.

You may refuse all cookies, however, if you do not accept any cookies, you may not be able to use some sections of our website.

Examples of Cookies we may use:

• Session Cookies: used to operate our website.
• Preference Cookies: used to remember your preferences and various settings.
• Security Cookies: used for security purposes.
• Advertising Cookies: used to for advertising offers that may be relevant to your interests.

OTHER DATA
Other personal information like: sex, age, date of birth, place of birth, passport details, citizenship, registration at place of residence and actual address, telephone number (work, mobile), details of documents on education, qualification, professional training, employment agreements, Non-Disclosure Agreements (NDA), information on bonuses and compensation, information on marital status, family members, SARS identification number, office location and other data may be correlated for our website use.

USE OF DATA
CRE uses the collected data for:

• to provide, monitor, maintain and improve our website;
• to notify you about changes to our website;
• to allow you to participate in interactive features;
• to provide customer support;
• to detect, prevent and address technical issues;
• to provide you with news, special offers and general information about services and events which we may host;
• for any other purpose with your consent.
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RETENTION OF DATA
We will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy & Confidentiality Policy and to the extent necessary to comply with our legal obligations.

Usage Data is generally retained for a short time period, except when this data is used to strengthen the security or to improve our website, or if we are legally obligated to retain this data for longer time period.

TRANSFER OF DATA
If you are located outside South Africa and choose to provide information to us, please note that we will transfer your personal data to South Africa and process it here, where the data protection laws may differ from those of your country.

We will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Policy and no transfer of your Personal Data will take place to an organisation or a country unless there are adequate controls in place including the security of your data and other personal information.

Your consent to this Privacy & Confidentiality Policy followed by your compliance of such information represents your agreement to that transfer.

DISCLOSURE OF DATA
We may disclose any personal information that we collect, or that you provide for:
Business Transaction‍

• if we or our subsidiaries are involved in a merger, acquisition or asset sale, your Personal Data may be transferred.

Other Transactions‍

• with your consent
• to our subsidiaries and affiliates;
• to contractors, service providers, and other third parties we use to support our business;
• to fulfil the purpose for which you provide it;
• for the purpose of including your company’s logo on our website;
• for any other purpose disclosed by us when you provide the information;
• in any other cases if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others.

DATA SECURITY
The security of your data is important to us but no method of transmission over the Internet or systems of electronic storage is 100% secure. We use commercially acceptable means to protect your Personal Data however we cannot guarantee its unqualified security.

THE WORLD AND YOUR PRIVACY
Privacy and data protection on the world wide web is of huge importance considering the controversial breaches of our personal data.

The response to this is the growing number of new laws that regulate how companies should handle and care for User’s data.

Your data protection rights are covered by more than 137 of the countries around the world including CCPA, the California Consumer Privacy Act and LGPD Brazil’s Lei Geral de Protecao de Dados, which has many different statutes that currently govern personal data, both online and offline.

The main Acts that we feel are specific to our company clients are set up in more detail below.

YOUR DATA PROTECTION RIGHTS UNDER GENERAL DATA PROTECTION REGULATION (GDPR)
If you are a resident of the UK, European Union (EU) and European Economic Area (EEA), you have data protection rights, covered by GDPR.

We will take reasonable steps to allow you to amend, delete, or limit the use of your Personal Data.

In certain circumstances, you have the following data protection rights:

• the right to access, update or to delete the information we have on you;
• you have the right to have your information corrected if that information is inaccurate or incomplete;
• you have the right to object to our processing of your Personal Data;
• you have the right to request that we restrict the processing of your personal information;
• you have the right to be provided with a copy of your Personal Data in a structured, machine-readable and commonly used format;
• you have the right to withdraw your consent at any time where we rely on your consent to process your personal information;

Please note that we may ask you to verify your identity before responding to such requests and  we may not able to provide a website service without some necessary data.

You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).

YOUR DATA PROTECTION RIGHTS UNDER THE CALIFORNIA PRIVACY PROTECTION ACT (CALOPPA)
CalOPPA is the first state law in the United States to require commercial websites and online services to post a privacy policy and expands beyond California.

The law requires a person or company that operates a website that collects personally identifiable information, from California users, to post a visible privacy policy on its website, stating that the information collected and of those individuals with whom it is being shared, is compliant with this policy.

According to CalOPPA, we agree to the following:

• users can visit our site anonymously;
• our Privacy & Confidentiality Policy link includes the word “Privacy”, and can easily be found on our website’s homepage;
• users will be notified of any privacy and confidentiality policy changes on our website;
• users are able to change their personal information by emailing shirley@RADproperties.co.za

Our Policy on “Do Not Track” Signals

• We honour Do Not Track signals and do not track, plant cookies, or use advertising when a Do Not Track browser mechanism is in place.
• Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.
• You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

SERVICE PROVIDERS
We may employ third party companies and/or individuals to facilitate our website service or provide a service on our behalf or perform service-related services or assist us in analysing how our website is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

CHILDREN’S PRIVACY
We do not knowingly collect personal identifiable information from minors (children under the age of 18 years old) as our website is not intended for use by minors.

If you become aware that a minor has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from a minor without confirmation of parental consent, we will immediately remove that information from our website.

BEHAVIORAL REMARKETING
We may use remarketing services to advertise on third party websites. These agents may use cookies to inform, optimise and serve adverts based on your past visits to our website.

LINKS TO OTHER SITES
Our website may contain links to other sites that are not operated by us. We advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party websites or services.

ANALYTICS
We may use third-party Service Providers to monitor and analyse the use of our website.

CI/CD SOFTWARE TOOLS/PROGRAMS
We may use a development team with specific CI software to automatically program the development process or create a document trail for our website.

CHANGES TO THIS PRIVACY POLICY
We may update our Privacy & Confidentiality Policy in the future. We will notify you of any changes by advising you on this Policy page.

Please review this Privacy & Confidentiality Policy sporadically for any changes. We will advise you via a website notice and/or email, prior to any changes. Once posted, these changes are effective and part of the upgraded policy.

CONTACT US
If you have any questions about this Privacy & Confidentiality Policy, please contact us by email to shirley@RADproperties.co.za

INFORMATION REGULATOR REGISTRATION CERTIFICATE: 007212/2023-2024-IRRT/PR

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