Kerzner Estate

SEEFF and its related body corporates (“us”, “we”, or “our”) respects your privacy and Personal Information and for this reason, SEEFF commits itself to this privacy policy (the “Privacy Policy”). This Privacy Policy shall inform you of the manner in which SEEFF shall Process your Personal Information.

BY USING THIS WEBSITE AND/OR APP, YOU UNCONDITIONALLY AND IRREVOCABLY CONFIRM YOUR ACCEPTANCE OF THIS PRIVACY POLICY.

INTERPRETATION

1. 1 Words and expressions defined in the Terms and Conditions shall have the same meaning herein unless otherwise expressly indicated.

1.2 In this Privacy Policy, unless the context otherwise indicates:

1.21 “Companies Act” means the Companies Act, No. 71 of 2008 and includes the regulations published under that Act, and any amendments to that Act and/or the regulations from time to time (if any);

1.2.2 “ECTA” means Electronic Communications and Transactions Act 25 of 2002 and includes the regulations published under that Act, and any amendments to that Act and/or the regulations from time to time (if any);

1.2.3 “Personal Information” means information relating to an identifiable, living, natural person and where it is applicable, identifiable, existing juristic person, including but not limited to:

1.2.3.1 information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person; 

1.2.3.2 information relating to the education or the medical, financial, criminal or employment history of the person;

1.2.3.3 any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person;

1.2.3.4 the biometric information of the person; 

1.2.3.5 the personal opinions, views or preferences of the person; 

1.2.3.6 correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence; 

1.2.3.7 the views or opinions of another individual or person; and/or

1.2.3.8 the name of the person if appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person; 

1.2.4 “Opt Out” shall have the meaning contemplated in clause 5;

1.2.5 “Processing” means any operation or activity or any set of operations, whether or not by automatic means, concerning personal information, including 

1.2.5.1 the collection, receipt, recording, organisation, collation, storage, updating, modification, retrieval, alteration, consultation or use; 

1.2.5.2 dissemination by means of transmission, distribution, or making available in any other form; and/or

1.2.5.3 merging, linking, as well as restriction, degradation, erasure or destruction of information, and “Processed” and “Process” shall have a corresponding meaning;

1.2.6 “POPI” means Protection of Personal Information Act No. 4 of 2013 and includes the regulations published under that Act, and any amendments to that Act and/or the regulations from time to time (if any);

1.2.7 “RSA” means the Republic of South Africa;

1.2.8 “Services” means all the services offered on our Website; 

1.2.9 “Terms and Conditions” means the terms and conditions displayed on this Website; and

1.2.10 “Website” means www.seeff.com and includes the mobile application [•] (where appropriate).

PROCESSING OF YOUR PERSONAL INFORMATION

2.1 What Personal Information do we Process: 

2.1.1 SEEFF does make provision for you to access and/or use certain pages on our Website without identifying yourself or revealing any Personal Information. That said, in order to fully make use and benefit from our Services you will be required to register on our Website and/or contact a SEEFF agent. 

2.1.2 When you register on our Website and/or contact a SEEFF agent via our Website the initial Personal Information with which you will be required to provide us, is:

2.1.2.1 your name; 

2.1.2.2 your email address; and

2.1.2.3 your contact number.

2.1.3 Once you have registered on our Website and/or have requested a specified Service, SEEFF may request further Personal Information, which you may, but shall not be obliged to, provide.

2.2 What Non-Personal Information do we Process: 

2.2.1 As permitted by ECTA, SEEFF may use Personal Information collected to compile profiles for statistical purposes. No Personal Information contained in the profiles or statistics will be able to be linked to any specific user.

2.2.2 To this end, we anonymise and aggregate your Personal Information. We may share this non-Personal Information with our trusted partners to facilitate their property-related endeavours, which may prove to benefit you, by promoting your property preferences.

2.3 Automatic Processing of information:

2.3.1 Notwithstanding the above, SEEFF shall continually assess the frequency of persons to this Website with a view to improving this Website, SEEFF reserves the right to collect information on the number of visits to the Website, pages viewed and other general data

2.3.2 SEEFF automatically collects information from your browser or device when you visit this Website or whilst your device is in background mode. This information could include your IP address, device ID and type, your browser type and language, the operating system used by your device, access times, your mobile device’s geographic location while SEEFF’’s Website is actively running and the referring Website address.

2.4 Why we Process your Personal Information:

2.4.1 The cardinal purpose for which SEEFF Processes your Personal Information is to ensure that we can provide you with exemplary Service that makes your experience in dealing with property, whether it be buying, selling, leasing, hiring or developing, efficient and hassle-free. 

2.4.2 Further to the above, SEEFF may Process your Personal Information, for among other things, the following: 

2.4.2.1 to conduct market research;  

2.4.2.2 to compile statistical and/or data analyses;

2.4.2.3 to give effect to any communication received from you, which may include instructions, requests, queries, complaints and questions;

2.4.2.4 to update our records and/or your contact details;

2.4.2.5 to tailor our Website to accommodate current property market trends and/or demands;

2.4.2.6 for the administrative, marketing (including direct marketing), planning, product or service development, quality control, survey and research purposes of SEEFF, its related bodies corporate, contractors, franchisees, franchisees’ real estate agents and employees or service provider; and

2.4.2.7 generally to render our Services, as offered on our Website.

2.4.3 For the avoidance of doubt, the Personal Information shall be exclusively collected for the specific, explicitly defined and lawful purpose of conducting the business of SEEFF. 

2.5 How we collect your Personal Information:

2.5.1 SEEFF shall collect your Personal Information from among others, the following sources: 

2.5.1.1 our Website; 

2.5.1.2 our correspondence (in any form) with you

2.5.1.3 when you connect with us via any social media platform (including but not limited to,Facebook, LinkedIn, Youtube and Twitter);

2.5.1.4 any forms you complete for SEEFF’s purposes; and

2.5.1.5 when you use and enjoy any of SEEFF’s Services that require you to make your Personal Information available to us.

2.5.2 SEEFF shall collect your Personal Information directly from you, except to the extent that:

2.5.2.1 the Personal Information is contained in or derived from a public record or has deliberately been made public by you;

2.5.2.2 you consent to SEEFF collecting the Personal Information from another source; and

2.5.2.3 the collection of the Personal Information from another source will not prejudice your legitimate interests.

2.5.3 Accordingly, you appreciate that in order for SEEFF to provide you with the Services, it is reasonably necessary for:

2.5.3.1 you to directly submit your Personal Information to SEEFF, as contemplated in 2.5.1 above; and 

2.5.3.2 SEEFF to obtain your indirect Personal Information in respect of the Candidate from the sources in clause 2.5.2 above, and you hereby unconditionally and irrevocably consent to the collection of your Personal Information in the manner contemplated in clause 2.5.3 above, and to its subsequent Processing.

2.6 Where we store your Personal Information:

The Personal Information which we collect from you may be disseminated to, and stored at a destination outside the RSA. 

2.7 To whom do we disseminate your Personal Information:

2.7.1 SEEFF may disseminate your  Personal Information to any member in our “group of companies,” as that term is defined in the Companies Act. 

2.7.2 For the avoidance of doubt, the above, includes but is not limited to the following persons who may be located outside the borders of RSA, namely, our employees, related bodies corporate, contractors, franchisees, franchisees’ real estate agents and employees or service providers for the purposes of operation of our Website or our business, fulfilling requests by you, and to otherwise provide our Services to you;

2.7.3 In addition to the above, SEEFF may disseminate your Personal Information to third parties (inside and/or outside the RSA) with whom we have commercial relationships, for business, marketing, and related purposes

2.7.4 Notwithstanding the above, SEEFF shall disseminate your Personal Information to the relevant third parties concerned should one of the following occasions transpire, if:

2.7.4.1 SEEFF is legally obligated in terms of statute to disseminate your Personal Information;

2.7.4.2 SEEFF reasonably believes in good faith that the dissemination of the Personal Information is reasonably necessary to protect the property and/or rights of SEEFF, third parties and/or the public at large; and

2.7.4.3 you furnish SEEFF with express consent to disseminate your Personal Information to an identifiable and authorised entity and/or person.

2.7.5 In respect of clauses 2.7.1, 2.7.2 and 2.7.3 above, SEEFF acknowledges and accepts that in terms of section 21(1) of POPI, we must conclude a written contract with the entity and/or person processing the Personal Information on our behalf (the “operator”). Such written contract shall ensure that the operator, which processes the Personal Information shall establish and maintain the security measures referred to in section 19 of POPI.

2.7.6 You hereby acknowledge that if you send us a request (for example via a support email or via our feedback mechanisms) we reserve the right to publish it on our Website, which shall enable us to convey our response and/or clarify an issue to you, clients and potential clients.

2.8 What happens if you refuse to provide us with your Personal Information:

2.8.1 If you do not provide us with the Personal Information that we request, some or all of the following may happen:

2.8.1.1 we may not be able to provide our Services to you, at the standard at which we usually deliver, or at all; and

2.8.1.2 we may be unable to tailor our Website to reflect popular property trends and demands and accordingly our Website will fail to provide you with the experience you deserve

2.8.2 Should you fail to provide us with any mandatory Personal Information that we request in order for us to effectively render our Services, we reserve the right to discontinue providing you with our Services

2.9 General:

2.9.1 SEEFF will only Process Personal Information if, given the purpose for which it is Processed (as contemplated in 2.3), it is adequate, relevant and not excessive

2.9.2 SEEFF undertakes to Process the Personal Information lawfully and in a reasonable manner that does not infringe your privacy. 

2.9.3 SEEFF shall take reasonably practicable steps to ensure that the Personal Information is complete, accurate, not misleading and updated where necessary from time to time

PROTECTION OF PERSONAL INFORMATION

3.1 SEEFF shall take reasonable precautions to protect your Personal Information from unauthorized use and disclosure. In this regard, SEEFF undertakes not to sell, rent or lease your Personal Information to unauthorised third parties for their independent use, without your consent.

3.2 SEEFF shall take reasonable technical, administrative and physical measures to protect Personal Information contained in SEEFF’s database against misuse, loss, damage, unauthorised alteration and/or destruction, unlawful access and Processing (the “Risks”).

3.3 SEEFF is aware of the Risks and has put appropriate safeguards in place to mitigate the identified Risks. SEEFF regularly verifies that the safeguards are effectively implemented and ensures that the safeguards are reasonably continually updated in response to new risks or deficiencies in previously implemented safeguards. 

3.4 Keep in mind however, that no method of transmission over the internet, or method of electronic storage is 100% secure. Therefore, while SEEFF shall strive to use commercially acceptable means to protect your Personal Information, SEEFF cannot guarantee its absolute security.

3.5 Accordingly, SEEFF provides no guarantees that this Website will be free of observance by third parties, viruses or any other contaminating or destructive properties and you hereby accept sole risk and responsibility in respect of the use of this Website.

3.6 SEEFF cannot enforce or control the security of the computers, electronic devices, or electronic communication method that you may utilize to send e-mails and submit Personal Information to SEEFF and/or one another over the internet. 

3.7 You are responsible for ensuring that the computers, electronic devices and electronic communication methods that you utilize will provide adequate security for communicating with SEEFF and/or one another.

3.8 SEEFF shall not be held liable for unauthorised access or distribution of your password. It is your responsibility to choose secure passwords and to keep them safe. SEEFF cannot be held responsible for Personal Information that is compromised due to an insecure or stolen or breached password. If you are authenticating with SEEFF via a third party (e.g. Google Apps), those passwords must also be secured at your own risk.

DIRECT MARKETING:

4.1 For the purpose of this clause 4, a “SEEFF Customer” shall mean a person and/or entity who has furnished SEEFF with their contact details for the purpose of utilising SEEFF’s Services.

4.2 Pursuant to becoming a SEEFF Customer, SEEFF may send you direct marketing communications and information about our Services and/or properties similar in nature to those in which you initially displayed an interest. 

4.3 These communications may be sent in various forms, including mail, SMS, fax and email. If you indicate a preference of communication, we will endeavour to use that method whenever practical to do so.

4.4 An example of the direct marketing communication that you can expect to receive is an email telling you about new features, new properties matching your search criteria, solicit your feedback, or just keep you updated with what is going on with SEEFF and our products

HOW TO OPT OUT

5.1 If at the time of becoming a SEEFF Customer or at any time pursuant thereto, you do not wish to receive our direct marketing, you may simply Opt-Out.

5.2 You may Opt-Out by emailing an email of your intention to Opt-Out  to  [•] .co.za and SEEFF shall remove and delete your Personal Information from our mailing list. 

UPDATING YOUR PERSONAL INFORMATION

In the event that you wish to update or amend your Personal Information that you have submitted to us, you may email us the amended Personal Information to [•] .co.za. and SEEFF shall update your Personal Information and our mailing list accordingly

RETENTION OF PERSONAL INFORMATION

7.1 SEEFF acknowledges that once you Opt-Out the record of your Personal Information is no longer necessary for achieving the purpose for which the Personal Information was initially collected and or subsequently Processed.

7.2 Accordingly once you Opt-Out, SEEFF shall in its sole discretion either: 

7.2.1 forthwith destroy and/or delete any record of your Personal Information; or

7.2.2 retain records of such Personal Information for historical, statistical or research purposes

7.3 To the extent that SEEFF elects to retain the Personal Information, as contemplated in clause 7.2.2 above, SEEFF shall de-identify the Personal Information thereby establishing an appropriate safeguards against the records being used for any other purposes.

AMENDMENTS TO THIS PRIVACY POLICY

8.1 SEEFF reserves the right to change and/or amend this Privacy Policy in any manner at any time without prior notice.

8.2 In the event that SEEFF makes material changes and/or amendments to this Privacy Policy, SEEFF will place a prominent notice on its Website to advise you to inspect and inform themselves on the updated Privacy Policy. 

8.3 The most recent version of this Privacy Policy will govern the respective rights and obligations between you and SEEFF, each time that you access and use this Website.

INTELLECTUAL PROPERTY

Any and all intellectual property, howsoever constituted, in respect of this Website is the sole and exclusive property of SEEFF, and you irrevocably and unconditionally undertake in favour of SEEFF that you shall not, under any circumstances whatsoever, challenge or dispute SEEFF’s right to such intellectual property.

LINKS TO OTHER WEBSITES

10.1 This Website may contain links to other websites.  SEEFF is not responsible for the privacy practices of these websites and you are obliged to inform themselves of the terms and conditions and privacy policies of these other websites

10.2 Should you share our Website or SEEFF content on any social media platform such as Facebook, Twitter and LinkedIn, your activity may be visible to third parties depending on your privacy settings chosen by you on the applicable social media platforms.

10.3 For the avoidance of doubt, this Privacy Policy only applies to SEEFF’s Website. 

OTHER:

11.1 Cookies and use of cookies and similar data

11.1.1 When you visit SEEFF’s Website, SEEFF may assign your device one or more cookies or other technologies that facilitate personalization to facilitate access to SEEFF’s Website and to personalize your experience. Through the use of a cookie, SEEFF also may automatically collect information about your activity on the internet, such as the pages you visit, the time and date of your visits and the links you click.

11.1.2 Notwithstanding the above, cookies by themselves will not be used to identify users personally but may be used to compile de- identified statistics relating to the user’s specific online profile and to provide SEEFF with feedback on the performance of this Website.

11.2 Mobile device ID's 

If you are making use of SEEFF’s App, SEEFF uses mobile device IDs (the unique identifier assigned to a device by the manufacturer), or Advertising IDs (for iOS 6 and later), instead of cookies, to recognize you. SEEFF does this to store your preferences and track your use of SEEFF’s App. Unlike cookies, device IDs cannot be deleted, but Advertising IDs can be reset in “Settings” on your iPhone.

CONTACT SEEFF

Any questions, queries, comments or complaints concerning this Privacy Policy and/or your Personal Information may be directed to: [•] co.za

JURISDICTION

You consent to the jurisdiction of the Magistrate’s Court in terms of Section 45 of the Magistrate’s Court Act, No 32 of 1944 having jurisdiction under Section 28 of the said Act, in respect of any matter arising from, or in connection with, this Privacy Policy.

SEVERABILITY

All terms and provisions of this Privacy Policy are deemed to be independent of each other and accordingly, if any term is found to be invalid, unlawful or unenforceable, such term or provision shall be deemed to be pro non scripto and the remainder of the Privacy Policy shall continue to be of full force and effect.

CESSION

You hereby irrevocably and unconditionally consent to SEEFF providing all your Personal Information to its successor in title for the purpose of carrying on the business of SEEFF.