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This Privacy Notice describes how André & Lydia Vorster collect and use your personal information in accordance with the Protection of Personal Information Act, 2013 (“POPIA”), any other applicable national implementing laws, regulations and secondary legislation, and any other laws applicable to the processing of your personal information to which André & Lydia Vorster is subject, in each case as amended or updated from time to time (“Data Protection Legislation”).
André & Lydia Vorster respects your privacy and is committed to protecting your personal information. André & Lydia Vorster is required under Data Protection Legislation to provide you the information contained in this Privacy Notice. Please read the following carefully to understand André & Lydia Vorster’s practices regarding the treatment of your personal data:
- when you visit or use a website or any mobile application owned or operated by André & Lydia Vorster (the “Sites”), including opening and using an online user account, regardless of where you visit or use the Sites from; and/or
- which we otherwise receive or collect from you in the course of the provision of our services. It also describes certain privacy rights and data protection laws that may apply to you.
It is important that you read this Privacy Notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal information about you so that you are fully aware of how and why we are using your data. This Privacy Notice supplements other such notices and is not intended to override them.
For the purpose of the Data Protection Legislation, André & Lydia Vorster are “responsible parties” of any personal information that you provide to André & Lydia Vorster or that André & Lydia Vorster collects from you. This means that André & Lydia Vorster are responsible for deciding how each of them holds and uses your personal information. There may also be processing activities for which André & Lydia Vorster will be joint responsible parties in that they may jointly determine the purposes and means by which your personal information is processed by them.
It should be noted that André & Lydia Vorster is not the responsible party for any personal information provided through our Sites to estate agents. Estate agents remain solely responsible for the processing of your personal information in accordance with Data Protection Legislation and their own privacy policies.
WHAT PERSONAL INFORMATION IS COLLECTED FROM YOU?
André & Lydia Vorster will only collect personal information about you that is required to serve the purpose or purposes for which it was collected. The type of personal information collected will depend upon whether you are an André & Lydia Vorster customer, a prospective customer, or a site visitor, the purpose for which the data is required, and André & Lydia Vorster’s legal and regulatory obligations. André & Lydia Vorster may collect your personal information as an operator on behalf of an estate agent and an estate agent may collect personal information as an operator on behalf of André & Lydia Vorster. Your personal information may be collected in a number of ways, including when you communicate or register with André & Lydia Vorster through the Sites, or by telephone, post, or e-mail.
Please note that André & Lydia Vorster may process your personal information without your knowledge or consent where this is required or permitted by law.
If you are a user of the Sites then the information that André & Lydia Vorster collects (including when you interact with features of the Sites or request information) may include the following:
- your name and contact details (i.e., address, home and mobile phone numbers, email address);
- your username and password;
- anything you download from the Sites;
- any information that you input into the Sites; and/or
- information related to the Financial Intelligence Centre Act, No. 38 of 2001.
André & Lydia Vorster uses “cookies” on the Sites. A cookie is a small file of letters and numbers that is placed on your computer’s hard drive when you visit certain websites. Cookies may be used, for example, to identify whether you have visited a website before or if you are a new visitor and to help identify website features in which you may have the greatest interest. Cookies may enhance your online experience by saving your preferences while you are visiting a particular site. For more information please visit: http://www.allaboutcookies.org/.
WHY IS YOUR PERSONAL INFORMATION COLLECTED?
André & Lydia Vorster may process your personal information for purposes necessary for the performance of a contract with you, for example for the processing or fulfilment of the provision of its services, and to comply with its legal obligations.
André & Lydia Vorster may process your personal information for the purposes of its own legitimate interests. This includes processing for business creation, development, management, and statistical and research purposes, which will include analysis and tracking of transactions. You have the right to object to this processing where André & Lydia Vorster relies on a legitimate interest.
André & Lydia Vorster may process your personal information for certain additional purposes with your consent, and in these limited circumstances where your consent is required for the processing of your personal information then André & Lydia Vorster will obtain your separate consent at that time and you will also have the right to withdraw your consent to processing for these specific purposes (see ‘Right to Withdraw Consent’ section below).
Please note that André & Lydia Vorster may process your personal information for more than one lawful ground depending on the specific purpose for which it is using your data.
All personal information collected is processed in compliance with relevant Data Protection Legislation.
Purpose and Lawful Basis for Processing
When processing your personal information, the purposes for which and the lawful bases upon which your personal information is processed include the following, to the extent that they apply to you:
• to perform customer services to fulfil André & Lydia Vorster’s contractual obligations towards you, and on the basis of its legitimate interests, or your legitimate interests, to provide the best customer service we can;
• to support André & Lydia Vorster’s business processes including information technology, electronic communications and electronic documents storage, management and transmissions, to fulfil its contractual obligations towards you, or, if not applicable, on the basis of its legitimate interests to provide the best customer service it can, to support its business operations, administration, IT services, and network security, and to prevent fraud;
• to safeguard your personal information and André & Lydia Vorster’s IT system with appropriate security, on the basis of your and its legitimate interest in such security;
• to exchange information, conduct due diligence, and answer your initial questions, to take steps required to enter into a contract with you, or for the purposes of its legitimate interests to protect its legal rights and a third party’s rights, or, if not applicable, on the basis of your consent;
• to keep you up-to-date with news that may be of interest to you, on the basis of your consent;
• to present André & Lydia Vorster websites and online content in the best possible way for you and on your computer, on the basis of its legitimate interests to keep its websites updated and relevant, to develop our outreach and business operations, and to develop marketing strategy;
• for business transactions such as a merger, acquisition by another company, or sale of all or a portion of our assets on the basis of our legitimate interests to sell or expand our business operations; and/or
• to comply with legal and regulatory requirements applicable to us (including the need to prevent and combat money laundering).
Where the processing of your personal information is based on your consent only, you have the right to withdraw this consent at any time. André & Lydia Vorster will then erase your personal information or otherwise put it beyond use and will stop processing it.
If you fail to provide certain information when requested, André & Lydia Vorster may be unable to perform under a contract entered into with you, or may be prevented from complying with our legal obligations.
André & Lydia Vorster will only use your personal information for the purposes for which it collected it, pursuant to this Privacy Notice, unless it reasonably considers it needs to use it for another reason, and the reason is compatible with the original purpose. If André & Lydia Vorster needs to use your personal information for an unrelated purpose, André & Lydia Vorster will notify you, and will explain the legal basis which allows it to do so.
You may receive marketing communications from André & Lydia Vorster if you are an André & Lydia Vorster customer or if you have given your consent, and where you have not opted out of receiving marketing communications. You can ask André & Lydia Vorster to stop sending you marketing messages at any time by following the unsubscribe links on any marketing message sent to you or by emailing firstname.lastname@example.org at any time.
HOW LONG IS YOUR DATA HELD?
André & Lydia Vorster will retain your personal information only for as long as necessary to fulfil the purposes for which it was collected, including for the purposes of satisfying any legal, accounting, legitimate administrative or operational purposes, and any reporting requirements.
The retention period is determined by the nature and duration of your relationship with André & Lydia Vorster, local laws, contractual obligations, André & Lydia Vorster’s reasonable business requirements, and your expectations and requirements. To determine the appropriate retention period for personal information, André & Lydia Vorster will consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorised use or disclosure of your personal information, the purposes for which your personal information is processed, whether those purposes can be achieved through other means, and the applicable legal requirements.
When it is no longer necessary to retain your personal information, André & Lydia Vorster will securely delete or, in some circumstances, anonymise your personal information (so that it can no longer be associated with you and is no longer treated as personal information), in which case André & Lydia Vorster may use this information indefinitely without further notice to you.
If you request that André & Lydia Vorster stops sending you marketing materials, it will keep a record of your contact details and appropriate information to enable it to comply with your request not to be contacted again.
SHARING YOUR PERSONAL INFORMATION
To provide its products and services and effectively run its business, André & Lydia Vorster needs to transfer and share your personal information. Transfer and sharing of personal information may occur.
Some of these transfers will involve international transfers of your personal information outside the Republic of South Africa (“South Africa”) including to André & Lydia Vorster’s data centres or those of its service partners or public and regulatory bodies.
Categories of recipients
Your personal information may be transferred to or from any of the following categories of recipients:
- estate agents;
- André & Lydia Vorster’s third party service providers;
- other vendors, suppliers or other third parties used by André & Lydia Vorster in connection with the provision of its products and services including administrative, payment processing, IT, marketing, printing, shipping, fulfilment, web tools, fraud prevention, services as required to obtain the services needed to operate its business or to provide products and services to customers;
- eXp US in the United States;
- eXp World UK Ltd. in UK
- eXp Australia Pty Ltd. in Australia.
- eXp Realty of Canada, Inc. in Canada
- professional advisers including lawyers, bankers, auditors, and insurers who provide consultancy, banking, legal, insurance, and accounting services and
- public authorities if required to do so by law or legal process, in response to a request from government authorities, or if André & Lydia Vorster believes that disclosure is necessary to prevent personal harm or financial loss.
All third party service providers are required to take appropriate security measures to protect your personal information and are not allowed to use your personal information for their own purposes. André & Lydia Vorster only permits them to process your personal information for specified purposes and in accordance with its instructions.
André & Lydia Vorster reserves the right to transfer your personal information in the event of a sale or transfer of all or a portion of its business or assets to such third party acquirer (the “Transferee”). Should such a sale or transfer occur, the Transferee will be required to use your personal information in a manner consistent with this Privacy Notice and the applicable legal framework.
International transfers of your personal information
eXp UK, eXp US, eXp Australia, eXp Canada, and eXp SA share infrastructure, personnel and service providers. eXp US also provides certain customer and support services to eXp SA. As a result, eXp US will receive or have access to and will process your personal information.
André & Lydia Vorster’s third party service providers may be based outside South Africa so their processing of your personal information as operators may involve a transfer of your personal information outside South Africa.
Whenever André & Lydia Vorster transfers your personal information outside of the South Africa it will ensure a similar degree of protection is afforded to your personal information by ensuring that at least one of the following safeguards is implemented:
- André & Lydia Vorster will only transfer your personal information to countries that have equivalent, or better, data protection legislation than South Africa; or
- where André & Lydia Vorster transfers your personal information to a third party outside of South Africa and data protection legislation may not be equivalent to the laws of South Africa, the third party is subject to an agreement requiring it to comply with data protection requirements equivalent or better than those applicable in South Africa.
If André & Lydia Vorster wishes to transfer your personal information outside of South Africa but has not implemented one of the above safeguards then it will separately obtain your consent to that transfer.
Please contact André & Lydia Vorster if you want further information on the specific mechanisms used when transferring any of your personal information out of South Africa.
André & Lydia Vorster places great importance on the security of all personal information of its customers and other data subjects. André & Lydia Vorster has put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered, or disclosed.
In addition, access to your personal information is limited by André & Lydia Vorster to those persons who have a business need to know. They will only process your personal information under André & Lydia Vorster’s instructions, and they are subject to a duty of confidentiality.
André & Lydia Vorster has put in place procedures to deal with any suspected data security breach and will notify you and the Information Regulator of South Africa in the event of a suspected breach where it is legally required to do so.
YOUR RIGHTS IN RELATION TO YOUR PERSONAL INFORMATION
Depending on the facts and circumstances related to the personal information collected or obtained about you – including, for example, the nature of the information processed or where you are located or reside – you may have rights regarding the personal information held about you under relevant Data Protection Legislation. These may include the right to request information about, or access to, the personal information held, and rights to complain about how your personal information is handled. André & Lydia Vorster is committed to honouring your legal rights whilst ensuring that such rights are exercised in accordance with André & Lydia Vorster’s own legal and ethical obligations.
Right to access
You may request whether André & Lydia Vorster holds personal information about you and request a record or a or a description of your personal information including information about the identity of all third parties, or categories of third parties, who have, or have had access to the information under the Promotion of Access to Information Act, 2000 (“PAIA”). Fees to obtain a copy or a description of personal information held about you are prescribed in terms of PAIA. Confirmation of whether or not we hold personal information about you may be requested free of charge. If you would like to obtain a copy of your personal information held by André & Lydia Vorster, please review our PAIA Manual located here.
Right to correction and deletion
You may request the correction or deletion of your personal information where it is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or obtained unlawfully. You may also request the destruction or deletion of a record of personal information that André & Lydia Vorster is no longer authorised to retain. If you would like to request correction or deletion of your personal information held by André & Lydia Vorster, please review our PAIA Manual located here.
Right to objection
You have a right to object on reasonable grounds to the processing of your personal information where the processing is carried out in order to protect our legitimate interests or your legitimate interests, unless the law provides for such processing. If you would like to object to the processing of your personal information held by André & Lydia Vorster, please review our PAIA Manual located here.
For more information on the full extent of your rights please contact André & Lydia Vorster by mail or e-mail at the addresses indicated above with a brief explanation of your request.
Right to withdraw consent
In the limited circumstances where you may have provided your consent to the collection, processing, and transfer of your personal information for a specific purpose – for example, in relation to direct marketing you have indicated you would like to receive from André & Lydia Vorster – you have the right to withdraw your consent for that specific processing.
You can exercise this option at any time by contacting André & Lydia Vorster by email: email@example.com. Once André & Lydia Vorster has received notification that you have withdrawn your consent, André & Lydia Vorster will no longer process your information for the purpose or purposes you originally agreed to, unless André & Lydia Vorster has another legitimate basis for doing so in law.
If you would like to unsubscribe from any electronic marketing communication you can also click on the ‘unsubscribe’ button at the bottom of the relevant communication. It may take up to 10 days for this to take place.
Right to complain
André & Lydia Vorster hopes that we can resolve any query or concern you raise about André & Lydia Vorster’s use of your personal information. However, if you believe that your personal information is not being lawfully processed by André & Lydia Vorster under applicable Data Protection Legislation, you may lodge a complaint with the Information Regulator of South Africa, using the contact details listed below:
- Tel: 012 406 4818
- Fax: 086 500 3351
- Email: firstname.lastname@example.org
Amendments to this Privacy Notice
André & Lydia Vorster may update this Privacy Notice from time to time, and reserves the right to do so at any time to comply with applicable Data Protection Legislation. If we make material changes to the way that we collect, use or share personal information that you have provided, we will post the revised Privacy Notice on the Sites.