Privacy Policy

1. Introduction

3@1 Properties ("3@1 Properties", "we", "us" or "our") respects your privacy and is committed to protecting your personal information.

This Privacy Policy explains how we collect, use, store, protect and disclose personal information when you visit or use the 3@1 Properties website at https://3at1properties.co.za/ ("the Website"), contact us, enquire about a property, arrange a viewing or otherwise interact with us in connection with our property-related services.

This Privacy Policy is intended to explain our privacy practices in accordance with applicable South African law, including the Protection of Personal Information Act 4 of 2013 (POPIA).

POPIA establishes conditions for the lawful processing of personal information and provides rights and remedies to individuals whose personal information is processed.

By using the Website or providing your personal information to us, you acknowledge that your information may be processed as described in this Privacy Policy and in accordance with applicable law.

2. Who We Are

For purposes of POPIA, 3@1 Properties may act as the responsible party in respect of personal information that we collect and process in connection with our business and the Website.

Our business operates in the Western Cape, South Africa.

3@1 Properties
Hartenbos / Mossel Bay
Western Cape
South Africa

Website: https://3at1properties.co.za/

If you have questions about this Privacy Policy or how we process personal information, you may contact us using the contact details provided on the Website.

3. What Is Personal Information?

For purposes of this Privacy Policy, "personal information" generally means information relating to an identifiable, living person and, where applicable, an identifiable existing juristic person.

Depending on how you interact with us, personal information may include:

• your first name and surname;
• telephone or mobile number;
• email address;
• physical or postal address;
• property address;
• property preferences and requirements;
• information about whether you are interested in buying, selling, renting or letting a property;
• information supplied when arranging a property viewing;
• information contained in correspondence with us;
• information provided in connection with a property transaction;
• identification or verification information where legally required;
• information relating to a property that you own or are authorised to act on behalf of;
• information relating to your interaction with our Website;
• IP address;
• browser and device information;
• information about how you use the Website; and
• other information that you voluntarily provide to us.

We will generally only collect personal information that is reasonably necessary for a specific and lawful purpose.

4. Information You Provide to Us

We may collect personal information when you:

• submit an enquiry through the Website;
• contact us by telephone;
• send us an email;
• communicate with us through social media or other communication platforms;
• enquire about a property;
• request additional information about a property;
• arrange or attend a property viewing;
• ask us to market or sell a property;
• ask us to assist with a rental or letting;
• enter into an agreement or transaction with us;
• communicate with one of our property practitioners;
• subscribe to communications or property alerts, where offered; or
• voluntarily provide information to us for another legitimate purpose.

You should only provide personal information belonging to another person where you are authorised or legally permitted to do so.

5. Information Collected Automatically

When you visit the Website, certain technical information may be collected automatically by your browser, device or the Website's hosting and analytics systems.

This may include information such as:

• IP address;
• browser type and version;
• operating system;
• device type;
• date and time of access;
• pages visited;
• approximate geographic information derived from technical data;
• referring website or source;
• Website interaction information; and
• other technical information necessary for the operation, security and improvement of the Website.

This information may be used to:

• operate the Website;
• maintain Website security;
• identify and resolve technical problems;
• understand how visitors use the Website;
• improve Website functionality;
• monitor Website performance; and
• generate statistical information about Website usage.

Where information is collected through third-party services, the relevant third party's privacy policy may also apply.

6. Cookies

The Website may use cookies and similar technologies.

A cookie is a small text file that may be stored on your device when you visit a website.

Cookies may be used for purposes including:

• ensuring that the Website functions correctly;
• remembering certain preferences;
• understanding how visitors use the Website;
• improving Website performance;
• analysing Website traffic;
• maintaining security; and
• supporting certain Website functionality.

Some cookies may be placed by third-party services used on the Website.

Your browser may allow you to block or delete cookies. However, disabling certain cookies may affect the functionality of parts of the Website.

Where required by applicable law, we will obtain the appropriate consent before using cookies or similar technologies for purposes that require consent.

7. Why We Collect and Use Personal Information

We may process your personal information for purposes including:

Property enquiries

To respond to enquiries about properties, prices, availability, features and other property-related information.

Property viewings

To arrange, confirm and manage property viewings.

Property sales and rentals

To provide property practitioner services and facilitate property-related transactions.

Communication

To communicate with you regarding your enquiry, property interest, appointment, transaction or services requested by you.

Client relationships

To manage our relationship with clients, prospective clients, property owners, buyers, sellers, landlords and tenants.

Marketing

Where permitted by law, to send relevant property information, property alerts, news, promotional communications or other marketing communications.

Website operation

To operate, maintain, secure and improve the Website.

Legal and regulatory requirements

To comply with legal, regulatory and professional obligations applicable to 3@1 Properties.

Fraud and security

To prevent, detect and investigate fraud, abuse, security incidents and unlawful activity.

Business administration

For accounting, record keeping, internal administration, reporting, auditing and other legitimate business purposes.

We will seek to process personal information only where there is an appropriate lawful basis for doing so. POPIA allows processing in circumstances including consent, contractual necessity, legal obligations and certain legitimate interests, subject to the requirements of the Act.

8. Property-Related Information

If you enquire about buying, selling, renting or letting a property, we may process information relevant to providing the requested service.

For example, depending on the circumstances, this may include:

• your property requirements;
• preferred location;
• budget or price range;
• property type;
• preferred number of bedrooms or other features;
• intended use of the property;
• information concerning a property you wish to sell or rent;
• information required to arrange a viewing; and
• information necessary to facilitate a property transaction.

We will only request information that is reasonably necessary for the relevant purpose.

Where a property transaction requires information to be shared with another party, we will do so in accordance with applicable law and the requirements of the relevant transaction.

9. Identity Verification and Fraud Prevention

In the course of providing property-related services, we may need to verify the identity of clients, prospective purchasers, sellers, landlords, tenants or other persons with whom we interact.

We may process personal information where reasonably necessary to:

• verify a person's identity;
• prevent or detect fraud;
• investigate suspicious or potentially unlawful activity;
• protect clients, property owners, prospective purchasers, tenants and other parties;
• protect our Website, systems and business;
• comply with applicable legal and regulatory requirements; and
• establish, exercise or defend our legal rights.

Where identity or other verification information is required for a particular property transaction or service, we will request only information that is reasonably necessary for the relevant purpose and will process it in accordance with applicable law.

Certain property transactions may also require information to be provided to authorised third parties, professional advisers, financial institutions, conveyancers, regulatory authorities or other parties where required or permitted by law.

10. Direct Marketing

We may use personal information to communicate with you about properties, services or other relevant information where permitted by applicable law.

Electronic direct marketing will be conducted in accordance with the requirements of POPIA and other applicable legislation.

Where your consent is required, we will obtain it before sending direct marketing communications.

You may unsubscribe from marketing communications at any time by using the unsubscribe mechanism provided in the communication or by contacting us.

Please note that opting out of marketing communications does not prevent us from sending non-marketing communications that are necessary for an existing enquiry, appointment, transaction, contractual relationship or legal obligation.

The Information Regulator has specifically issued guidance on direct marketing under POPIA, including the requirements applicable to unsolicited electronic communications.

11. Sharing Personal Information

We may share personal information with third parties where this is reasonably necessary for the purposes described in this Privacy Policy or where permitted or required by law.

Depending on the circumstances, these parties may include:

• property owners and sellers;
• prospective purchasers;
• landlords and tenants;
• other property practitioners;
• property management companies;
• homeowners' associations;
• body corporates;
• developers;
• conveyancing attorneys;
• financial institutions or mortgage providers;
• professional advisers;
• service providers;
• website hosting and technology providers;
• communication and email service providers;
• analytics and Website service providers;
• legal or regulatory authorities; and
• other parties where disclosure is necessary to facilitate a requested service or property transaction.

We will not disclose personal information unnecessarily.

Where appropriate, we will take reasonable steps to ensure that third parties processing personal information on our behalf are subject to appropriate confidentiality and data protection obligations.

12. Information Required by Law

We may disclose personal information where we are required or permitted to do so by law.

This may include disclosure:

• in response to a lawful request from a regulatory authority;
• pursuant to a court order;
• to comply with legislation or regulations;
• to protect our legal rights;
• to investigate suspected unlawful activity; or
• where disclosure is otherwise authorised or required by applicable law.

13. Third-Party Service Providers

We may use third-party service providers to support the operation of our business and Website.

These providers may assist with services such as:

• Website hosting;
• email delivery;
• Website analytics;
• technical support;
• security;
• online forms;
• cloud storage;
• communication services;
• advertising and marketing services; and
• other technology or business services.

Where a third party processes personal information on our behalf, we will take reasonable steps to ensure that appropriate safeguards and confidentiality obligations are in place where required by law.

14. Third-Party Websites and Services

The Website may contain links, embedded content or integrations from third-party websites and services.

Examples may include property portals, social media platforms, mapping services, video platforms, analytics services or other online services.

When you interact directly with a third-party website or service, that third party may collect and process your personal information according to its own privacy policy.

3@1 Properties does not control the privacy practices of independent third parties and cannot accept responsibility for their privacy policies or practices.

You should review the privacy policy of any third-party service before providing personal information to it.

15. Social Media

3@1 Properties may maintain profiles or pages on social media platforms.

If you communicate with us through a social media platform, the platform may independently collect and process your personal information.

Information you publicly post on social media may also be visible to others.

Your use of social media platforms is subject to the relevant platform's terms and privacy policy.

16. Security of Personal Information

We take reasonable and appropriate measures to protect personal information against:

• loss;
• damage;
• unauthorised access;
• unauthorised disclosure;
• misuse;
• alteration; and
• destruction.

Security measures may include appropriate technical, organisational and administrative safeguards.

However, no method of transmitting or storing information electronically can be guaranteed to be completely secure.

You acknowledge that electronic communications and internet transmissions may carry inherent security risks.

If we become aware of a security compromise involving personal information, we will take appropriate steps in accordance with applicable law.

17. Regulatory and Transaction Records

As a property practitioner, 3@1 Properties may be required to collect and retain certain personal information and records in order to comply with applicable legislation, regulatory requirements, professional obligations and other legal requirements.

This may include information and records relating to:

• property listings and mandates;
• buyers and prospective buyers;
• sellers and property owners;
• landlords and tenants;
• property viewings;
• property transactions;
• communications and correspondence;
• identification and verification;
• agreements and supporting documentation; and
• financial, accounting or other records that we are legally required to maintain.

Where information is required to be retained by law or is reasonably necessary to establish, exercise or defend a legal right, we may retain that information for the applicable period even where you request that it be deleted.

Personal information retained for regulatory or transaction purposes will continue to be subject to appropriate safeguards and will only be accessed or processed for legitimate purposes.

18. Retention of Personal Information

We will not retain personal information for longer than is necessary for the purpose for which it was collected or subsequently processed, unless:

• applicable law requires or permits longer retention;
• the information is required for the establishment, exercise or defence of a legal right;
• the information forms part of a transaction or contractual record that must be retained;
• regulatory or professional requirements require retention; or
• another lawful basis for continued retention exists.

Different types of information may therefore be retained for different periods.

When personal information is no longer required, we will take reasonable steps to securely delete, destroy or de-identify it, where appropriate.

19. Accuracy of Personal Information

We endeavour to ensure that personal information in our possession is reasonably accurate, complete and up to date.

If your personal information changes, you are encouraged to inform us so that we can update our records.

You may also request that inaccurate or incomplete personal information be corrected or updated, subject to applicable law.

20. Your Rights

Subject to the provisions and limitations of applicable law, you may have rights including the right to:

• request access to personal information we hold about you;
• request correction or updating of inaccurate or incomplete information;
• request deletion of information where we are no longer authorised to retain it;
• object to certain processing of your personal information;
• object to direct marketing;
• withdraw consent where processing is based on consent;
• request information about how your personal information is being processed; and
• lodge a complaint concerning the processing of your personal information.

The Information Regulator confirms that data subjects have rights relating to access, correction and objection to the processing of their personal information.

These rights are subject to applicable legal requirements and limitations. For example, we may be required by law to retain certain information even if you request that it be deleted.

21. Requesting Access to Your Information

If you would like to request access to personal information that we hold about you, please contact us.

To help us process your request, please provide sufficient information to allow us to identify you and locate the relevant information.

We may take reasonable steps to verify your identity before providing access to personal information.

Certain information may be withheld where permitted or required by applicable law.

22. Correcting or Deleting Information

If you believe that personal information we hold about you is inaccurate, incomplete, outdated, irrelevant or otherwise incorrect, you may ask us to correct or update it.

You may also request the deletion or destruction of personal information where applicable.

We will consider such requests in accordance with POPIA and other applicable legislation.

The Information Regulator provides mechanisms for data subjects to request correction or deletion of personal information that is inaccurate, irrelevant, excessive, outdated, incomplete, misleading or unlawfully obtained, subject to the requirements of POPIA.

23. Withdrawal of Consent

Where we process your personal information on the basis of your consent, you may withdraw that consent, subject to applicable law.

Withdrawal of consent does not affect the lawfulness of processing that took place before consent was withdrawn.

Please note that certain information may continue to be processed where another lawful basis exists, including where processing is necessary to comply with a legal obligation or to fulfil contractual or other legitimate requirements.

24. Children

The Website is not specifically directed at children.

We do not knowingly collect personal information from children except where permitted or required by applicable law and with the necessary consent or other lawful basis.

If you believe that a child has provided personal information to us unlawfully, please contact us so that we can investigate the matter and take appropriate action.

25. Special Personal Information

We generally do not require special personal information through the Website.

If circumstances arise in which special personal information is required for a legitimate and lawful purpose, we will process such information in accordance with POPIA and any additional requirements applicable to that information.

Certain forms of special personal information are subject to additional protection under POPIA.

26. Information About Other People

If you provide us with personal information relating to another person, you confirm that you are authorised to provide that information and that, where required, you have obtained the appropriate permission or consent.

For example, you should not provide another person's telephone number or email address for marketing or other purposes without having the necessary authority to do so.

27. Access to Information – PAIA

3@1 Properties recognises the rights of individuals and entities to request access to records in accordance with applicable legislation, including the Promotion of Access to Information Act 2 of 2000 (PAIA).

Requests for access to records held by 3@1 Properties will be considered and processed in accordance with the applicable requirements and procedures under PAIA and other relevant legislation.

Depending on the nature of the request, certain records or information may be subject to grounds for refusal or limitations provided for by law, including the protection of personal information belonging to another person.

Where applicable, information regarding access to records and the procedure for making a request may be obtained from 3@1 Properties.

A request for access to information under PAIA is separate from a request by a data subject to access their own personal information under POPIA. Both processes will be handled in accordance with the applicable legislation.

28. Transborder Information Flows

Some of our service providers or technology platforms may operate outside South Africa.

Where personal information is transferred to or processed by a recipient outside South Africa, we will take reasonable steps to ensure that the transfer complies with the requirements of POPIA and other applicable law.

POPIA contains specific requirements concerning the transfer of personal information to third parties in foreign countries, including circumstances relating to adequate protection, consent and contractual necessity.

29. Website Analytics

We may use analytics tools to understand how visitors use the Website.

Analytics information may help us understand:

• how many people visit the Website;
• which pages are viewed;
• how visitors find the Website;
• which devices and browsers are used;
• general patterns of Website usage; and
• how we can improve the Website.

Where third-party analytics services are used, those services may process technical or usage information according to their own privacy policies.

30. Changes to This Privacy Policy

We may update this Privacy Policy from time to time to reflect:

• changes to our business;
• changes to the Website;
• changes to our information-processing practices;
• changes to technology;
• changes to applicable legislation; or
• changes to regulatory requirements.

The updated version will be published on the Website and the "Last updated" date will be amended accordingly.

You are encouraged to review this Privacy Policy periodically.

31. Complaints

If you have a concern about how we have handled your personal information, we encourage you to contact us first so that we can investigate and attempt to resolve the matter.

If you are not satisfied with our response, you may have the right to lodge a complaint with the Information Regulator of South Africa.

The Information Regulator is responsible for monitoring and enforcing compliance with POPIA and has powers relating to complaints concerning interference with the protection of personal information.

You can obtain information about the Information Regulator and its complaint procedures through its official website:

Information Regulator of South Africa

32. Contact Us

If you have questions about this Privacy Policy, wish to exercise your rights, or want to raise a concern regarding the processing of your personal information, please contact 3@1 Properties using the contact details provided on the Website.

3@1 Properties
Hartenbos / Mossel Bay
Western Cape
South Africa

Website: https://3at1properties.co.za/