1.1 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.
1.3 By providing us with your Personal Information, you –
1.3.1 agree to this Policy and authorise us to process such information as set out herein; and
1.3.2 authorise Grounded, its Associates our Service Providers and other third parties to
Process your Personal Information for the purposes stated in this Policy.
1.4 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.
1.5 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.
1.6 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
2.1 We may collect or obtain Personal Information about you –
2.1.1 directly from you;
2.1.2 in the course of our relationship with you;
2.1.3 in the course of providing our services to you or your organisation;
2.1.4 when you make your Personal Information public;
2.1.5 when you visit and/or interact with our Website or our various social media platforms;
2.1.6 when you register to use any of our property and related services including but not
limited to newsletters, seminars and property updates;
2.1.7 when you interact with any third party content or advertising on our Website; or
2.1.8 when you visit our offices.
2.2 We may also receive Personal Information about you from third parties (eg, law enforcement
2.3 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
3. CATEGORIES OF PERSONAL INFORMATION WE MAY PROCESS
We may process the following categories of Personal Information about you –
3.1 personal details: name; and photograph;
3.2 demographic information: gender; date of birth / age; nationality; salutation; title; and
3.3 identifier information: passport or national identity number; utility provider details;
bank statements; tenancy agreements;
3.4 contact details: correspondence address; telephone number; email address; and details of
your public social media profile(s);
3.5 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;
3.6 attendance records: details of meetings and other events organised by or on behalf of
Grounded that you have attended;
3.7 consent records: records of any consents you may have given, together with the date and
time, means of consent and any related information;
3.8 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;
3.9 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;
3.10 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
3.11 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);
3.12 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
5.1 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 –
5.1.1 operating our business;
5.1.2 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
5.1.3 compliance with applicable law and fraud prevention;
5.1.4 transfer of information to our Service Providers and other third parties; or
5.2 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.
5.3 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.
5.4 We may Process your Personal Information for safety and security purposes.
6. DISCLOSURE OF PERSONAL INFORMATION TO THIRD PARTIES
6.1 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 –
6.1.1 if required by law;
6.1.2 legal and regulatory authorities, upon request, or for the purposes of reporting any
actual or suspected breach of applicable law or regulation;
6.1.3 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;
6.1.4 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;
6.1.5 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
6.1.6 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;
6.1.7 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;
6.1.8 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
6.1.9 to any relevant third-party provider, where our Website uses third party advertising,
plugins or content.
6.2 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 –
6.2.1 only Process such Personal Information in accordance with our prior written
6.2.2 use appropriate measures to protect the confidentiality and security of such Personal
Information as in terms of the POPIA
7. DATA SECURITY
7.1 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
7.2 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.
7.3 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
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
11.1 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.
11.2 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
12.1 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.
12.2 Details of your legal rights can be found on the Information Regulator’s website at
12.3 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: firstname.lastname@example.org
12.4 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
13.2 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
in some cases, your preferences and browsing habits.
13.3 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.
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
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
"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
"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
"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
"Website" means any website operated, or maintained, by us or on our behalf.