Last updated: May 2021
ERA SA Franchises are committed to respecting your privacy and committed to protecting your personal data as required in terms of the Protection of Personal Information Act 4 of 2013.
This policy, together with our website Terms and Conditions, set out the privacy practices for our agency. In this policy we state how we process personal data collected about you via your interactions with our online content, such as contact forms and tools, and/or provided directly by you.
Our website and services may contain links to other independent websites. These sites may ask you to provide information to them. Please be aware that such requests and information provided is not under our control, and we are not responsible for the privacy practices of those other sites. We encourage you to be aware when you leave our website to read the privacy statement of each and every website that you enter.
We may change this policy from time to time by updating this page. You should check this page from time to time to ensure you are happy with any changes.
1. What type of information do we collect from you?
When you access our website and/or register your interest in the use of our services, __________ (insert name of estate agency) or any other third parties who host, maintain or support our delivery of services, may collect personal and technical information about you.
The personal information we collect from you will typically include the following:
The technical information collected is anonymous and will include the usage information about visits to our website (via ‘cookies’ which enables our website to remember information about you and your preferences). The technical information collected includes:
Communication history between you and our company, including a record of the email, telephone and postal correspondence created (i) when you contact us as part of a product or service query; (ii) during the contractual period of the delivery of services.
Where we need to collect personal data by law (for example, to meet our obligations to prevent fraud and money laundering) or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to (i) perform the existing contract and/or services as requested, (ii) enter in a contract and/or services as requested. In this case, we may have to cancel a contract or service you have with us, but we will notify you if this is the case at the time.
2. On what basis can we process your information?
We will only process your information in pursuance of our legitimate interest if we receive any requests related to, for example, a product or service, property enquiry, or specific marketing materials. We will use your personal information to fulfil your request.
The legal grounds under data protection legislation for processing your personal data are contained in the Protection of Personal Information Act 4 of 2013 and are as follows:
3. What are we going to do with your information?
We will hold and use personal information about you in the following ways:
4. How long do we keep your data for?
We will retain your personal data for different periods depending on the service you have chosen to use us for and/or where we are under regulatory or statutory duties to hold your data for a longer period or need to retain it in the event of a legal claim or complaint.
5. Who do we share your information with?
We may pass your details to the following entities, persons who carry out certain activities on our behalf as part of us providing our services, in terms of your instruction to us: payment service providers, property management agents, credit reference agencies, cloud computing host providers, technical support service providers, advertising networks services, email marketing services, financial services, business partners, sub-contractors, etc.
We will also pass your details where necessary to your attorneys or conveyancers and those of the other party to your transaction. We will also disclose certain personal information to third parties:
6. Is your data secure?
We are committed to ensuring that your information is secure. Your data is held on secure servers with necessary technological and operation measures put in place to safeguard it from unauthorised access, as far as can reasonably be required for purposes of transacting with us. Where possible any identifiable information will be encrypted or minimised.
All information collected via our website is stored and encrypted on our secure servers. We are continuously auditing our website’s performance and security, to prevent any risk to the website’s security and data collection. If you have any reasons to believe that our website is not performing at its best in securing your data, please get in touch via firstname.lastname@example.org.
7. Usernames and passwords
If we have given you a username and password which enables you to access certain parts of your data on our systems, you are responsible for keeping it confidential. Please do not share it with anyone.
8. Unauthorised access to personal data
The data that we collect from you may be stored and processed by staff who work for us or for one of our suppliers. Such staff may be engaged in the fulfilment of the contract and/or services to you. We have taken all the necessary steps to ensure that your data is treated by them securely and in accordance with this policy.
We undertake business and website audits which enable us to further develop our strict procedures and security features to prevent unauthorised access.
9. How to access and update your information?
You have a right to request a copy of the personal information we hold about you. You also have the right to request that information we hold about you which may be incorrect, or which has been changed since you first told us, to be updated or removed. These requests are free of charge and can be sent to our Information Officer at email@example.com.
10. How to request deletion of your data
You can ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing, where you have withdrawn consent for us to process it, where we may have processed your information unlawfully or where we are required to erase your personal data to comply with the law.
Note that we may not always be able to comply with your request to delete if specific legal responsibilities or requirements prohibits us from doing so. This will be communicated to you at the time of your request, if applicable.
11. How to withdraw your consent
You have the right at any time to withdraw any consent you have given us to process your personal information. Please note if you withdraw your consent it will not affect the lawfulness of any processing of your personal data we have carried out before you withdrew your consent. Should you wish to do so you can change your consent preferences at any time by contacting our Information Officer on firstname.lastname@example.org.
12. How to restrict or object us using your data?
You may ask us to suspend the way in which we are using your information, or object to our processing your data where we are relying on a legitimate interest ground (or those of a third party) and you feel it impacts on your fundamental right to privacy. In some cases where you object, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Please note that if you want us to restrict or stop processing your data this may impact on our ability to provide our services. Depending on the extent of your request we may be unable to continue providing you with our service.
Any queries or concerns about the way in which your data is being used can be sent to our Information Officer at email@example.com.
13. Moving your information to another organisation
In the event that we process your data by automated means where you have either provided us with consent for us to use your information or where we used the information to perform a contract with you, you have the right to request that we send to you or to another organisation, a copy of the personal data we hold about you, for example when you are dealing with a different service provider. If you would like us to move, copy, or transfer your information please let our Information Officer know at firstname.lastname@example.org.
14. Complaints about the use of your personal data
If you wish to raise a complaint on how we have handled your personal data, you can contact our Information Officer on email@example.com.
If you are not satisfied with our response or believe we are processing your personal data not in accordance with the law you can complain to the Information Regulator on: tel +27 (0) 10 023 5207; or on firstname.lastname@example.org.
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