The Responsible Party subscribes to the principles as made peremptory in accord with the Protection of Personal Information Act 4 of 2013 (“the Act”) and in addition Section 51 of the Electronic Communications and Transactions Act (“ECTA”).
In What Manner does the Responsible Party ensure the protection of the Users information?
As described in the Act, principals of protection form the Pillars of protection of personal Information. Each one will be recorded here and how it is applied in the Responsible Party’s Company.
The Act requires the Responsible Party (that is Buh-Rein Estate) to make sure it guards all information that is submitted to it via the website. The Responsible Party has security mechanisms in place, through its Information technology department, and legal department, to ensure the maximal compliancy with the Act.
2 Processing limitations:
The Act provides for the processing of personal information that is not against its principals, and does not invade on the privacy of the data subject, information that is minimal, information that is only processed with the consent of the User.
The Act provides for the prohibition on the storage and distribution (hereinafter defined as “Processing”) of information relating to the Users:
Race, Religion, Trade Union Membership, Political Persuasion, Health, Sexual Life and Criminal Behaviour (“the Prohibited Content”).
The User must take heed of the Following:
The Responsible Party will not process the Prohibited Content or other personal information submitted on the website without the User’s direct consent. The Responsible Party only receives information related to the following and will not use such information without the User’s consent
2.1. Processing of data related to Listing of Properties:
The User must understand that by submitting its personal details, or other details related to the property, it expressly consents to the Responsible Party Processing its personal information, whether such information includes the Prohibited Content or not. IT IS IN THE USERS DISCRETION WHAT PERSONAL INFORMATION IS SUBMITTED TO THE RESPONSIBLE PARTY, AND IF SUCH INFORMATION CONTAINS PROHIBITED CONTENT, WHICH THE USER EXPRESSLY CONSENTS TO THE PROCESSING THEREOF. It must be emphasized that the Responsible Party will not process such information beyond the scope of what is required to carry out the selection of prospective clientele. The Responsible Party will store such information for record purposes only, and will not disseminate such information.
2.2 Privacy and general surfing or browsing
It is possible for a User to surf the Website without the provision of personal information. THE USER GIVES ITS EXPRESS CONSENT FOR THE WEBSITE SERVER TO COLLECT ITS IP ADDRESS AND OTHER DISTINGUISHING INFORMATION. The purpose for such collection of the IP address is merely to gauge as the number of visits to the Website, what pages on the Website were viewed, and time spent on the Website. The Responsible Party does this to create room for improvements to the use and content of the Website. THE RESPONSIBLE PARTY IS UNDER NO OBLIGATION TO PROTECT THIS INFORMATION AND MAY USE, DISTRIBUTE AND COPY SUCH INFO AS IT DEEMS FIT.
The Act provides for Minimality. This means that personal information may only be processed if, given the purpose for which it was processed, it is adequate, relevant and not excessive. The Responsible Party will only process the submitted personal information for the purposes specified in clauses 2.1 – 2.2 above. The User hereby declares that the information it submits is true, correct, and relevant to the purposes specified above. The Responsible Party is not responsible for any incorrect information submitted.
4. Consent, Justification and Objection
The Act requires that in order for any personal information that is submitted requires:
4.1 Consent by the User
4.2. Such Processing is necessary to carry out actions for the conclusion or performance of a contract between the User and the Responsible Party.
4.3 Processing is in the legitimate interests of the User.
The User as stated above hereby consents to such Processing, to the extent it relates to the purposes as specified in clause 2.1- 2.2. The User further acknowledges that the Processing is in its legitimate interests, with respect to clause 2.1 when listing its property. The User further acknowledges that such Processing, in clause 2.2, is necessary for the Responsible Party to understand the listed property and what is needed to assist the User as a prospective client.
5. Retention of Data
The Act requires that retention of such data is necessary for achieving the purpose for which it was collected. It must be noted that if the retention of records reach beyond the scope of the purposes, such information will be destroyed or reformed to the extent that the information cannot lead to expose the identity of a user. Retention may be required for lawful purposes.
6. Further Processing
The Act says that information may only be processed further if it is compatible with the purpose for which such information is collected. The User hereby consents to such Processing insofar as it relates to the purposes listed in clauses 2.1 – 2.2. The User hereby consents to such further Processing and declares that it understands that such processing is only related to the purposes in 2.1 – 2.2.
7. Information Quality
According to the Act, the Responsible Party must take reasonable steps to ensure that all data is correct, complete, accurate not misleading and updated where necessary. THE USER HEREBY DECLARES THAT SUCH INFORMATION IS, IN FACT, CORRECT, COMPLETE, ACCURATE, NOT AMBIGUOUS, AND ACCEPTS, WHERE NECESSARY, TO UPDATE THE RESPONSIBLE PARTY AS TO ANY UPDATES IN SUCH INFORMATION.
8. Openness and Data Subject Participation
In accordance with the Act in the event that personal information is collected, the Responsible Party must take reasonably practicable steps to ensure that the User is aware of:
THE USER MUST TAKE NOTE OF THE FOLLOWING:
• the information being collected;
o Please see clauses 2.1- 2.2
• the name and address of the Responsible Party;
o Company name: Buh-Rein Estate
o Physical address: Darwin Road, Buh-Rein, Cape Town, 7570
o Postal address: As Above.
o Website address: www.buhreinestate.co.za
o E-mail address: email@example.com
o Telephone number: +27 87 802 9003 (South Africa)
• the purpose for which the information is being collected;
o Please see clause 2.1 – 2.2
• whether or not the supply of the information by that data subject is voluntary or mandatory;
o The Supply of info with regard to 2.2. Is Mandatory. However 2.1 is Voluntary.
• the consequences of failure to provide the information;
o None in Clause 2.1 – 2.2.
o The User may not utilise the site if information is not submitted.
• any particular law authorising or requiring the collection of the information;
o The Electronic Communications and Transactions Act 25 of 2002.
o Protection of Personal Information Act 4 of 2013
• any further information, such as the recipient or category of recipients of the information; nature or category of the information; and existence of the right of access to and the right to rectify the information
o Only employees, directors, shareholders, prescribed officers or other stakeholders may be recipients of such information, which is related to the purposes of the collection thereof.
9. Security Measures
General and accepted Property industry information security practices and procedures are in place. The Responsible Party will to the best of its ability protect all personal information submitted to it by the User from loss or damage to personal information as a result of unauthorised access to such personal information. THE USER MUST HOWEVER REMEMBER THE CONTENTS OF CLAUSE 9.5 IN THE TERMS AND CONDITIONS. We will notify you in the event any security breaches do take place.