1. INTRODUCTION

    1. Smilow Realty (Pty) Ltd trading as Grounded Property Professionals Sandton ("Grounded, we, us, our") is sensitive to the personal nature of the information you provide to us.
    2. This privacy policy ("this Policy") explains how we protect and use your Personal Information.
    3. By providing us with your Personal Information, you –
      1. agree to this Policy and authorise us to process such information as set out herein; and
      2. authorise Grounded, its Associates our Service Providers and other third parties to Process your Personal Information for the purposes stated in this Policy.
    4. We will not use your Personal Information for any other purpose than that set out in this Policy and will endeavour to protect your Personal Information that is in our possession from unauthorised alteration, loss, disclosure or access.
    5. Please note that we may review and update this Policy from time to time and the latest version of this Policy will be available on request.
    6. This Policy applies to all external parties with whom Grounded interacts, including but not limited to individual clients, representatives of client organisations, visitors to our offices, and other users of our property and related services ("you"). Defined terms used in this Policy are explained in Annexure A.
  2. COLLECTION OF PERSONAL INFORMATION

    1. We may collect or obtain Personal Information about you –
      1. directly from you;
      2. in the course of our relationship with you;
      3. in the course of providing our services to you or your organisation;
      4. when you make your Personal Information public;
      5. when you visit and/or interact with our Website or our various social media platforms;
      6. when you register to use any of our property and related services including but not limited to newsletters, seminars and property updates;
      7. when you interact with any third party content or advertising on our Website; or
      8. when you visit our offices.
    2. We may also receive Personal Information about you from third parties (eg, law enforcement authorities).
    3. In addition to the above, we may create Personal Information about you such as records of your communications and interactions with us, including, but not limited to, your attendance at events or at interviews in the course of applying for a job with us, subscription to our newsletters and other mailings and interactions with you during the course of our digital marketing campaigns.
  3. CATEGORIES OF PERSONAL INFORMATION WE MAY PROCESS

    We may process the following categories of Personal Information about you –

    1. personal details: name; and photograph;
    2. demographic information: gender; date of birth / age; nationality; salutation; title; and language preferences;
    3. identifier information: passport or national identity number; utility provider details; bank statements; tenancy agreements;
    4. contact details: correspondence address; telephone number; email address; and details of your public social media profile(s);
    5. instruction details: details of individuals instructing Grounded; Personal Information included in correspondence, documents, or other materials that we Process in the course of providing our services;
    6. attendance records: details of meetings and other events organised by or on behalf of Grounded that you have attended;
    7. consent records: records of any consents you may have given, together with the date and time, means of consent and any related information;
    8. payment details: billing address; payment method; bank account number or credit card number; invoice records; payment records; SWIFT details; IBAN details; payment amount; payment date; and records of cheques;
    9. data relating to your visits to our Website: your device type; operating system; browser type; browser settings; IP address; language settings; dates and times of connecting to a Website; and other technical communications information;
    10. employer details: where you interact with us in your capacity as an employee of an organisation, the name, address, telephone number and email address of your employer, to the extent relevant; and
    11. content and advertising data: records of your interactions with our online advertising and content, records of advertising and content displayed on pages displayed to you, and any interaction you may have had with such content or advertising (including, but not limited to, mouse hover, mouse clicks and any forms you complete);
    12. Covid-19 checklist; when attending at our offices, your contact information and list of symptoms that you may experience and/or exhibit including your body temperature.
  4. SPECIAL PERSONAL INFORMATION

    Where we need to Process your Special Personal Information, we will do so in the ordinary course of our business, for a legitimate purpose, and in accordance with applicable law.

  5. PURPOSES OF PROCESSING AND LEGAL BASES FOR PROCESSING

    1. We will Process your Personal Information in the ordinary course of the business of providing property and related services. We will primarily use your Personal Information only for the purpose for which it was originally or primarily collected. We will use your Personal Information for a secondary purpose only if such purpose constitutes a legitimate interest and is closely related to the original or primary purpose for which the Personal Information was collected. We may subject your Personal Information to Processing during the course of various activities, including, without limitation, the following –
      1. operating our business;
      2. analysis, evaluation, review and collation of information in order to determine legal issues and potential disputes, provide legal advice and prepare or comment on opinions, memoranda, agreements, correspondence, reports, publications, documents relating to legal proceedings and other documents and records (whether in electronic or any other medium whatsoever);
      3. compliance with applicable law and fraud prevention;
      4. transfer of information to our Service Providers and other third parties; or
      5. recruitment
    2. We may process your Personal Information for relationship management and marketing purposes in relation to our services (including, but not limited to, Processing that is necessary for the development and improvement of our property and related services), for accounts management, and for marketing activities inorder to establish, maintain and/or improve our relationship with you and with our Service Providers. We may also analyse your Personal Information for statistical purposes.
    3. We may process your Personal Information for internal management and management reporting purposes, including but not limited to: conducting internal audits, conducting internal investigations, implementing internal business controls, providing central processing facilities, for insurance purposes and for management reporting analysis.
    4. We may Process your Personal Information for safety and security purposes.
  6. DISCLOSURE OF PERSONAL INFORMATION TO THIRD PARTIES

    1. We may disclose your Personal Information to our Associates and Service Providers, for legitimate business purposes, in accordance with applicable law and subject to applicable professional and regulatory requirements regarding confidentiality. In addition, we may disclose your Personal Information –
      1. if required by law;
      2. legal and regulatory authorities, upon request, or for the purposes of reporting any actual or suspected breach of applicable law or regulation;
      3. third party Operators (including, but not limited to, data processors such as providers of data hosting services and document review technology and services), subject to 6.2;
      4. to assess, give effect to and monitor any of obligations, rights, remedies, or commitments that you and/or Pam Golding may have under any agreement, undertaking or arrangement to which you are a party;
      5. to determine which products and services may be of interest to you and/or to send you information about such products and services, unless you object or choose not to receive such communications;
      6. to any relevant person and/or entity for purposes of prevention, detection and reporting of fraud and criminal activities, the identification of the proceeds of unlawful activities and the combatting of crime;
      7. to a prospective buyer, seller, landlord or lessor of any of our businesses or assets in relation to a transaction on which we have been mandated or otherwise required to do so in terms of this Policy;
      8. to any relevant third-party acquirer(s), in the event that we sell or transfer all or any portion of our business or assets (including, but not limited to, in the event of a reorganization, dissolution or liquidation); and
      9. to any relevant third-party provider, where our Website uses third party advertising, plugins or content.
    2. We will review our relationships with Operators we engage and, to the extent required, we will require such Operators to be bound by contractual obligations to –
      1. only Process such Personal Information in accordance with our prior written instructions; and
      2. use appropriate measures to protect the confidentiality and security of such Personal Information as in terms of the POPIA
  7. DATA SECURITY

    1. We implement appropriate technical and organisational security measures to protect your Personal Information that is in our possession against accidental or unlawful destruction, loss, alteration, unauthorised disclosure, unauthorised access, in accordance with applicable law.
    2. Where there are reasonable grounds to believe that your Personal Information that is in our possession has been accessed or acquired by any unauthorised person, we will notify the relevant regulator and you, unless a public body responsible for detection, prevention or investigation of offences or the relevant regulator informs us that notifying you will impede a criminal investigation.
    3. Because the internet is an open system, the transmission of information via the internet is not completely secure. Although we will implement all reasonable measures to protect your Personal Information that is in our possession, we cannot guarantee the security of any information transmitted using the internet and we cannot be held liable for any loss of privacy occurring during the course of such transmission.
  8. DATA ACCURACY

    The Personal Information provided to Grounded should be accurate, complete and up-todate. Should Personal Information change, the onus is on the provider of such data to notify Grounded of the change and provide Grounded with the accurate data.

  9. DATA MINIMISATION

    Grounded will restrict its processing of Personal Information to data which is sufficient for the fulfilment of the primary purpose and applicable legitimate purpose for which it was collected.

  10. DATA RETENTION

    Grounded shall only retain and store Personal Information for the period for which the data is required to serve its primary purpose or a legitimate interest or for the period required to comply with an applicable legal requirement, whichever is longer.

  11. DATA DESTRUCTION

    1. Grounded shall destroy or delete a record of personal information or de-identify it as soon as reasonably practicable after it is no longer authorised to retain the record.
    2. The destruction or deletion of a record of personal information will be done in a manner that prevents its reconstruction in an intelligible form.
  12. YOUR RIGHTS

    1. You may request access to any of your Personal Information that is held by us at any time and for any purpose, including to request us to rectify, erase and restrict our use of your Personal Information. Furthermore, you have the right to object to us Processing your Personal Information and to withdraw your consent to our use of your Personal Information.
    2. Details of your legal rights can be found on the Information Regulator’s website at www.justice.gov.za/inforeg.
    3. The details of the Information Regulator are:
      Physical: 33 Hoofd Street, Forum III, 3rd Avenue, Braampark;
      Postal: P O Box 31533, Braamfontein, Johannesburg, 2017;
      General Email Enquiries: inforreg@justice.gov.za
    4. You also have the right to lodge a complaint to the Information Regulator at the following email address: complaints.IR@justice.gov.za.
  13. COOKIES AND SIMILAR TECHNOLOGIES

    1. We may Process your Personal Information by our use of Cookies and similar technologies.
    2. When you visit our Website we may place Cookies onto your device, or read Cookies already on your device, subject always to obtaining your consent, where required, in accordance with applicable law. We may use Cookies to record information about your device, your browser and, in some cases, your preferences and browsing habits.
    3. If you do not want to use our Cookies, you may not be able to access or use important functions or features on our Website.
  14. AMENDMENT OF PRIVACY POLICY

    Please note that we may update this Privacy Notice from time to time by posting the latest version on our Sites, so please ensure that you refer to it periodically.

  15. CONTACT DETAILS

    You may contact us at:

    The Information Officer – Andre van Rooyen

    Telephone: 010 786-0330
    Email: andre@groundedproperty.co.za
    Date: 1 July 2021


ANNEXURE A - DEFINITIONS

"Associates" means Grounded's shareholders, Grounded's subsidiaries and the directors, employees, contractors and consultants of Grounded or of any of its subsidiaries.

"Cookie" means a small file that is placed on your device when you visit a website. In this Policy, a reference to a "Cookie" includes analogous technologies such as web beacons and clear Graphic Interchange Format files ("GIFs").

"Operator" means any person or entity that Processes Personal Information on behalf of the Responsible Party.

"Personal Information" means information that is about any individual, or from which any individual is directly or indirectly identifiable, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that individual.

"POPIA" means the Protection of Personal Information Act 4 of 2013.

"Process", "Processing" or "Processed" means anything that is done with any Personal Information, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

"Responsible Party" means the entity that decides how and why Personal Information is Processed.

"Special Personal Information" means Personal Information about race or ethnicity, political opinions, religious or philosophical beliefs, trade union membership, physical or mental health, sexual life, any actual or alleged criminal offences or penalties, national identification number, or any other information that may be deemed to be special under applicable law.

"Service Provider" – third party providers of various services whom we engage, including, but not limited to, providers of information technology, communication, file storage, data storage, copying, printing, accounting or auditing services, counsel, experts, investigators, correspondent attorneys, translators, taxation consultants and our insurers and professional advisors;

"Website" means any website operated, or maintained, by us or on our behalf.