1. MAXPROP GROUP OF COMPANIES
1.1. The Maxprop Group of Companies (“Maxprop Group”) includes:
1.1.1. Maxprop Holdings (Pty) Ltd (1965/004024/07);
1.1.2. Maxprop Administration (Pty) Ltd (1987/002991/07);
1.1.3. Maxprop Digital (Pty) Ltd (1987/003123/07);
1.1.4. Maxprop Durban (Pty) Ltd (1988/003080/07); and
1.1.5. Kwanew Investments (1994/003854/07).
2. INTRODUCTION AND SCOPE
2.1. Maxprop Group (“we”, “us”, “our”) strives to ensure that our use of the Personal Information of data subjects is lawful, reasonable, and relevant to our business activities, with the ultimate goal of improving your experience.
2.3. When you join Maxprop Group as an employee, access our Website, contact us, or otherwise interact with us (collectively “our Services”) we collect Personal Information about you.
3. WHAT PERSONAL INFORMATION DO WE COLLECT?
3.2. “Personal Information" refers to private information about an identifiable natural or juristic person. Personal Information does not include information that does not identify a person or anonymized information.
3.3. The Personal Information we collect may differ according to the services you receive from Maxprop Group. We may process various categories of Personal Information as follows:
3.3.1. Identity Information, which includes information concerning your name, company name, marital status, title, date of birth, gender, race and legal status, education background, languages, copies of your identity documents or passport, photographs, identity number, and professional registration number;
3.3.2. Contact Information, which includes your billing address, delivery addresses, physical address, e-email address and telephone numbers;
3.3.3. Credit and Criminal Information including credit and criminal history;
3.3.4. Financial Information, which includes bank account details, insurance information, financial statements, VAT registration numbers;
3.3.5. Location Information, which includes data identifying the actual location of your physical address using GPS data and geocodes, information regarding features of immovable property only to the extent that an identifiable person can be linked to such features, seller’s name, physical address, email address and telephone number.
3.3.6. Technical Information, which includes your internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access our Website.
3.3.7. Usage Information, which includes information as to your access to and use of our Website, products and services.
3.3.8. Marketing and Communications Information, which includes your preferences in respect of receiving marketing information from us and your communication preferences.
4. HOW WE COLLECT PERSONAL INFORMATION?
4.1. You directly provide Maxprop Group with most of the Personal Information we process. We collect and process Personal Information in three ways, namely:
4.1.1. Through direct or active interactions with you;
4.1.2. Through automated or passive interactions with you;
4.1.3. From third parties.
4.2. Direct or active collection
4.2.1. We may require that you submit certain information to enable you to access portions of our Website, to make use of our services, to facilitate the negotiation and conclusion of an agreement with us, or that is necessary for our compliance with our statutory or regulatory obligations.
4.2.2. We also collect Personal Information when you communicate directly with us. For example:
(a) Via email, meetings and telephone calls;
(b) When you fill in forms or registers, or register online or place a purchase order for any of our products or services;
(c) When you voluntarily complete a customer survey, provide feedback or ask for marketing information to be sent to you.
4.2.3. If you contact us, we reserve the right to retain a record of that correspondence, which may include Personal Information.
4.2.4. The Personal Information we collect from you may include any of the categories listed in paragraph 3 above.
4.3. Passive (automated) collection
4.3.1. Maxprop Group may passively collect certain categories of your Personal Information from the devices that you use to access and navigate our Website or to make use of our services (“Access Devices”) using server logs and your browser’s cookies.
4.3.2. The categories of Personal Information we passively collect from your Access Device may include your:
a) Technical Information;
b) Usage Information;
c) Marketing and Communications Information; and/or
d) Any other Personal Information which you expressly permit us, from time-to-time, to passively collect from your Access Device.
4.4. Indirect collection (from third parties)
4.4.1. Maxprop Group may also receive your personal information indirectly from, among others, the following sources (including public parties):
a) our information technology suppliers;
b) our companies or subsidiaries within the Maxprop Group;
c) Credit bureaus (with your consent, where required by law).
4.4.2. When we collect your Personal Information from third parties it is either because you have given us express consent to do so, your consent was implied by your actions, or because you provided consent, either explicit or implicit, to the third party that provided this information to us.
5. HOW WE USE YOUR PERSONAL INFORMATION
5.1. We use the Personal Information we collect to maintain and improve our Website and to improve the experience of its users, and to facilitate the provision of our services to you, and to comply with our statutory and regulatory obligations.
5.2. Maxprop Group collects and processes your Personal Information so that we can:
5.2.1. provide products and services you request (such as sales & letting services, digital services, agency and brokerage services, property management and procurement services, secretarial services, and related services);
5.2.2. to perform in terms of our franchise agreements;
5.2.3. process and collect payment for services rendered;
5.2.4. provide customer support and respond to and communicate with you about your requests, questions and comments, including to connect you with a Maxprop Group brokerage, letting or sales associate;
5.2.5. With your consent (where required by law), to personalise your experience on our Website and to deliver our content, products and our service offerings relevant to your interests, including targeted offers on new properties for sale or rent, marketing and advertisements through our Website, third-party sites, and via email or texts;
5.2.6. establish, manage, customise and secure your account with Maxprop Group;
5.2.7. process claims we receive in connection with our services;
5.2.8. communicate with you and retain a record of our communications with you and your communications with us;
5.2.9. detect, prevent, manage and protect against actual or alleged fraud, security breaches, misuse, and other prohibited or illegal activity, claims and other liabilities;
5.2.10. protect our rights in any litigation that may involve you;
5.2.11. comply with our regulatory reporting obligations, including submissions to the Financial Intelligence Centre, Estate Agency Affairs Board, Financial Sector Conduct Authority and/or the Prudential Authority and/or the South African Reserve Bank and/or local municipal authorities;
5.2.12. analyse and compare the types of Access Devices that you and other users make use of and your physical location;
5.2.13. for other lawful and legitimate purposes that are relevant to our business activities or regulatory functions.
5.2.14. conduct Maxprop Group’s recruitment and hiring process, which includes conducting criminal record and credit checks, referrals, capturing job applicant’s details and providing status updates to job applicants.
5.2.15. operate, evaluate and improve our business units, including:
(a) developing new products and services;
(b) managing our communications;
(c) determining the effectiveness of our sales, marketing and advertising;
(d) analysing and enhancing our products, Services, websites and apps;
(e) maintaining the safety, security and integrity of our Website, products and services, databases, networks and other technology assets, and business;
(f) performing accounting, auditing, invoicing, procurement, reconciliation and collection activities; and
(g) improving and maintaining the quality of our customer service;
5.2.16. for the purpose otherwise described to you when collecting your Personal Information, or as otherwise set forth in POPIA.
5.3. Maxprop Group will not collect additional categories of Personal Information or use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you notice
6. LEGAL BASIS FOR COLLECTING AND PROCESSING INFORMATION
6.1. We will only collect and process your Personal Information in the following circumstances:
6.1.1. You have provided us with your consent (as permitted by law);
6.1.2. To perform in terms of a contract with you;
6.1.3. To protect your legitimate interests;
6.1.4. To pursue Maxprop Group’s legitimate interests, including:
(a) providing services to and managing our relationship with existing customers;
(b) fraud and financial crime detection and prevention
(c) information, system, network, and cyber security;
(d) general corporate operations and due diligence;
(e) complying with a legal obligation and/or defending against legal claims.
7. COMPULSORY PERSONAL INFORMATION AND CONSEQUENCES OF NOT SHARING WITH US
7.1. Where Maxprop Group is required to process certain Personal Information by law, or in terms of a contract that we have entered into with you, and you fail to provide such Personal Information when requested to do so, Maxprop Group may be unable to perform in terms of the contract in place or are trying to enter into with you. In such a case, Maxprop Group may be required to terminate the contract and/or relationship with you, upon due notification to you, which termination shall be done in accordance with the terms of that contract and any applicable legislation.
8. SHARING OF PERSONAL INFORMATION
8.2. Maxprop Group will only share your Personal Information with the following third parties under the following strict conditions:
8.2.1. within the Maxprop Group of Companies;
8.2.2. affiliated Maxprop Group real estate brokers and, sales and letting associates; and
8.2.3. contracted agents, advisers, service providers, suppliers, operators and banking partners whose assistance we require to conduct our business operations and that:
(b) where such Personal Information is necessary for the performance of their obligations to or on behalf of Maxprop Group (i.e. sharing Location and Contact Information with contracted third parties such as general contractors including plumbers, electricians, technicians, maintenance, etc., logistics service providers, third party payers and recipients); and
(c) based on our instructions, are not authorised by us to use or disclose the information except as strictly necessary to perform the services on our behalf as instructed or to comply with legal requirements.
8.2.4. With our employees, suppliers, service providers and agents to the extent that they require such specific Personal Information in the provision of services for or to us, which include hosting, development and administration, technical support and other support services relating to our Website and/or the operation of the Maxprop Group’s business divisions. We will only authorise the processing of any Personal Information by a third party on our behalf by, among others, entering into agreements with those third parties governing our relationship with them and highlighting confidentiality, security and non-disclosure obligations.
8.2.5. With the credit bureaux for certain specified information, as allowed in terms of the law.
8.2.6. to enable us to enforce, implement, or apply any other contract between you and us, or any contract where we act as an agent of the principal contracted with you (i.e. on behalf of a lessor or body corporate).
8.2.7. to protect our rights, property or safety or that of our customers, employees, contractors, suppliers, service providers, agents, and brokers.
8.2.8. to mitigate any actual or reasonably perceived risk to us, our customers, employees, contractors, agents, brokers or any other third party.
8.2.9. With governmental agencies, exchanges and other regulatory or self-regulatory bodies, if required to do so by law or there is a reasonable belief that such is necessary for:
(a) compliance with the law or with any legal process;
(b) the protection and defence of the rights, property or safety of Maxprop Group, our customers, employees, contractors, suppliers, services providers, agents, brokers or any third party;
(d) the protection of the rights, property or safety of members of the public (if you provide false or deceptive information or make misrepresentations, we may proactively disclose such information to appropriate regulatory bodies.
9. STORAGE AND TRANSFER OF PERSONAL INFORMATION
9.1. We store your Personal Information on our servers and on the servers of the cloud-based database management services we engage. These servers and cloud storage run in secure data centres located in South Africa.
9.2. We reserve the right to transfer to and/or store your Personal Information on servers in a jurisdiction other than where it was collected, or outside of South Africa in a jurisdiction that may not have comparable data protection legislation; Provided that if the location does not have substantially similar laws to those of South Africa, we will take reasonably practicable steps, including the imposing of suitable contractual terms to ensure that your Personal Information is adequately protected in that jurisdiction.
10. SECURITY AND INTEGRITY
10.1. We take all reasonable technical and organisational measures to secure the integrity of retained information and protect it from misuse, loss, alternation, and destruction through the use of accepted technological standards that prevent unauthorised access to or disclosure of your Personal Information. Unfortunately, despite our best efforts, no data transmission or storage can be guaranteed to be 100% secure. Therefore, we do not make any warranties or guarantees that content shall be entirely 100% secure nor do we accept any liability of whatsoever nature for any unauthorised or unlawful disclosure and/or use of your personal information, either by employees and/or agents and/or made by third parties (including third party service providers) who are not subject to our control, unless such disclosure and/or use is as a result of our gross negligence. However, we are subject to the Protection of Personal Information Act 4 of 2013, which we comply with.
10.2. Access to our servers and the servers of the cloud-based database management services is restricted to authorised personnel. These servers and cloud storage implement best security practices and are ISO 27001 certified for information security management.
10.3. Personal Information including banking details, name and addresses are encrypted as it is transmitted over the internet using SSL. Maxprop Group’s internet servers are also protected by firewalls and access to personal information is limited to minimal authorised personnel of Maxprop Group. The security of the Maxprop Group’s Website and systems is also tested on a regular basis, and every effort is made to ensure that security is at an optimum level at all times.
10.4. We periodically review our Personal Information collection, storage and processing practices, including physical and digital security measures.
10.5. Maxprop Group has established and implemented data breach management procedures to address actual and suspected data breaches and will notify you and the relevant regulatory authorities of breaches where Maxprop Group is legally required to do so and within the period in which such notification is necessary.
11. RETENTION AND DELETION
11.1. Maxprop Group may retain and process some or all of your Personal Information if and for as long as:
11.1.1. we are required or permitted by law, or contract with you, to do so;
11.1.2. it is for lawful purposes that are related to our performance of our obligations and activities; or
11.1.3. you agree to us retaining it for a specified further period.
11.2. Unless there is a lawful purpose for Maxprop Group to continue processing or storing your Personal Information, we will delete your Personal Information in the following circumstances:
11.2.1. the Personal Information is no longer necessary for the purpose for which it was collected or processed; or
11.2.2. you withdraw your consent to the processing of your Personal Information; or
11.2.3. you object to the processing of your Personal Information; and
11.2.4. there are no other lawful grounds for us to continue processing your Personal Information.
11.3. We determine the appropriate retention period for Personal Information by considering, among other things, the nature and sensitivity of the Personal Information, the potential risks or harm that may result from its unauthorised use or disclosure, the purposes for which we process it and whether those purposes may be achieved through other means. Maxprop Group will always comply with applicable legal, regulatory, tax, accounting, labour, or other requirements as they apply to the retention of Personal Information.
11.4. We will delete your data using effective methods including, among others, shredding.
12. MAINTENANCE, CORRECTIONS AND ACCESS
12.1. We are required to take all necessary steps to ensure that your Personal Information is accurate, complete, not misleading and up to date.
12.2. Anyone about whom we maintain Personal Information may request to inspect and, if appropriate, correct the Personal Information held by us. It is your responsibility to inform us, or the persons responsible for the maintenance of your Personal Information, should your Personal Information be incorrect, incomplete, misleading or out-of-date by notifying us at contact details in paragraph 2.2 above. We may require additional information from the requesting party to assure itself of the legitimate basis for the request and the identity and authority of the requestor. Upon receipt and verification of the corrected Personal Information, we will adjust our data or records accordingly.
12.3. A request for correction/deletion of Personal Information or destruction/deletion of a record of Personal Information must be submitted using the prescribed Form 2 which is available in our Promotion of Access to Information Manual and the Information Regulator’s website.
13. YOUR DATA PROTECTION RIGHTS
13.1. Data protection laws may grant you with, among others, the following rights:
13.1.1. Request access to your Personal Information – enabling you to receive a copy of the Personal Information retained about you;
13.1.2. Request the correction of your Personal Information – to ensure any incomplete or inaccurate Personal Information is corrected;
13.1.3. Request erasure of your Personal Information – where there is no lawful basis for the retention or continued processing of your Personal Information;
13.1.4. Object to the processing of your Personal Information for a legitimate interest (or those of a third party) - under certain conditions where you feel it impacts your fundamental rights and freedoms;
13.1.5. Request restriction of processing of your Personal Information – to restrict or suspend the processing of your Personal Information to limited circumstances;
13.1.6. Withdraw consent given in respect of the processing of your Personal Information at any time – withdrawal of consent will not affect the lawfulness of any processing carried out prior to your withdrawal notice. But may not affect the continued processing of your Personal Information in instances where your consent is not required.
13.2. If an above request/objection is to be made, please use the contact information at paragraph 2.2 above and we will revert within 30 calendar days.
14. DIRECT MARKETING
14.1. Maxprop Group would like to send you information about Maxprop Group’s product and service offerings we believe may be of interest to you.
14.2. If you have agreed to receive direct marketing, you may opt-out at any stage.
14.3. You have the right, at any time, to stop Maxprop Group or any of its member entities from contacting you for direct marketing purposes or sharing your Personal Information to other members of our Maxprop Group of Companies.
14.4. If you no longer wish to be contacted for direct marketing purposes, please email email@example.com.
14.5. Once you have chosen to opt-out, we may send you written confirmation of receipt of your opt-out request (which may be in electronic form), and we will thereafter not send any further direct marketing communication to you. However, you may continue to receive communication from Maxprop Group on matters of a regulatory nature, which are not marketing related.
15.1. Our Website and Maxprop Group’s services are not targeted at people under the age of 18. We will not knowingly collect Personal Information in respect of persons in this age group without express permission to do so.
16. THIRD PARTY SUB-PROCESSORS/OPERATORS
16.1.1. MRI Software
Property management infrastructure
Data centre location: South Africa
16.1.2. RedRabbit Maintenance
Property maintenance infrastructure and related-communications
Data centre location: South Africa
16.1.3. CaseWareAfrica (Adapt IT)
Secretarial and administrative infrastructure
Data centre location: South Africa
17.1. We may place small text files called “cookies” on your device when you visit our Website. Cookies do not contain Personal Information, but they do contain a personal identifier allowing us to associate your personal data with a certain device. Cookies serve useful purposes for you, including:
17.1.1. tailoring our Website’s functionality to you by letting us remember your preferences;
17.1.2. improving our Website’s performance;
17.1.3. allowing third parties to provide services to our Website; and
17.1.4. helping us deliver targeted advertising where appropriate in compliance with the applicable laws.
18. THIRD PARTY COOKIES
19. PRIVACY POLICIES OF OTHER WEBSITES
19.1. Our Website may contain links to other websites, apps, tools, widgets and plug-ins that are run by third parties. If you visit a third-party website or social media site, you should read that website/ social media’s privacy notice, terms and conditions, and their other policies. We are not responsible for the policies and practices of third parties and social media sites. Any personal information you give to those organizations is dealt with under their privacy notice, terms and conditions, and other policies.
19.2. If YOU disclose your personal information directly to any third party other than Maxprop Group, MAXPROP GROUP SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF YOUR DISCLOSURE OF YOUR PERSONAL INFORMATION TO SUCH THIRD PARTIES.
20. GOVERNING LAW
21. CHANGES TO THIS POLICY
22. QUERIES, COMPLAINTS AND INFORMATION REGULATOR
22.2. If you are located outside of South Africa, you may contact the appropriate regulator in your country of domicile.