1 OWNERSPROPERTY.CO.ZA shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded here.
2 Should you decide to register as a user on the Website, we may require you to provide us with personal information which includes but is not limited to –
2.1 your name and surname;
2.2 your email address;
2.3 your physical address;
3 Should your personal information change, please updates to your personal information as soon as reasonably possible.
4 Customer details will be stored by OWNERSPROPERTY.CO.ZA separately from card details which are entered by the client on Payfast’s secure site. For more detail on Payfast refer to payfast.co.za
5 Subject to clause 2.6 below, we will not, without your express consent:
5.1 use your personal information for any purpose other than as set out below:
5.1.1 in relation to the services ordered or purchased;
5.1.2 to contact you regarding current or new goods or services offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us);
5.1.3 to inform you of new features, special offers and promotional competitions offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us); and
5.1.4 to improve our services selection and your experience on our Website by, for example, monitoring your browsing habits, or tracking your usage on the Website; or
5.2 disclose your personal information to any third party other than as set out below:
5.2.1 to our employees and/or third party service providers who assist us to interact with you via our Website, email or any other method, for the Services ordered or purchased or when delivering Services to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;
5.2.2 to our divisions and/or partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new goods or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us);
5.2.3 to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of these Terms and Conditions;
5.2.4 to our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services etc). However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us and not for their own benefit;
5.2.5 to our services suppliers in order for them to liaise directly with you regarding any services ordered or purchased through OWNERS PROPERTY which requires their involvement.
6 We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property.
7 We will ensure that all of our employees, third party service providers, divisions and partners (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to your personal information.
8 We will –
8.1 treat your personal information as strictly confidential, save where we are entitled to share it as set out in this policy;
8.2 take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
8.3 provide you with access to your personal information to view and/or update personal details;
8.4 promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
8.5 provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
8.6 upon your request, promptly return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged to retain.
9 We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
10 OWNERS PROPERTY undertakes never to sell or make your personal information available to any third party other than as provided for in this policy, unless we are compelled to do so by law. In particular, in the event of a fraudulent online payment, OWNERS PROPERTY is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
11 Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.