Privacy Policy

POLICY STATEMENT

PRIVACY AND PROTECTION OF PERSONAL, INFORMATION

FOR

JENTRY INVESTMENTS (PTY) LTD
T/A BALIZE PRIVATE ESTATE
(hereinafter referred to as “BALIZE”)

(Registration number: 2016/482099/07)

INTRODUCTION

BALIZE is a development Company specializing in the development of 58 sectional title units in the Sibaya Precinct, Durban, Kwazulu Natal.  The Protection of Personal Information Act 4 of 2013. POPI requires BALIZE to inform their clients as to the manner in which their personal information is used, disclosed and destroyed.

BALIZE guarantees its commitment to protecting its clients’ privacy and ensuring that their personal information is used appropriately, transparently, securely and in accordance with applicable laws.

BALIZE respects your privacy and takes the protection of personal information very seriously. The purpose of this policy is to describe the way in which BALIZE collects, stores, uses, and protects information that can be associated with a specific natural or juristic person and can be used to identify that person (“personal information”).

The Policy sets out the manner in which BALIZE deals with their client’s personal information as well as and stipulates the purpose for which said information is used.

Application

This policy applies to all visitors to our website and customers who have subscribed to the services we offer and includes potential and existing clients. (who may also be referred to as “you” or “your”)

PERSONAL INFORMATION COLLECTED

Section 9 of POPI states that “Personal Information may only be processed if, given the purpose for which it is processed, it is adequate, relevant and not excessive.”

BALIZE collects and processes client’s personal information pertaining to their interest in purchasing a sectional title unit with the development known as Balize Private Estate and or their general interest in the aforesaid estate.  The type of information will depend on the need for which it is collected and will be processed for that purpose only.

Whenever possible, BALIZE will inform the client as to the information  required  and  the  information deemed optional. Examples of personal information we collect include, but is not limited to:

  • The Client’s Identity number, name, surname, address, postal code, marital status, and number of dependants;
  • company name, company registration number, and VAT number; and
  • email address, telephone number, ae; and
  • your user ID and password;
  • Any other information required by BALIZE, or its agents in order to provide clients with an accurate analysis of their needs pertaining to Balize Private Estate.
  • BALIZE also collects and processes the client’s personal information for marketing  purposes  in  order  to  ensure  that  our  products  and  services  remain relevant to our clients and potential clients.
  • certain information collected on registration and
  • optional information voluntarily provided to us

Personal Information excludes

  • information that has been made anonymous so that it does not identify a specific person;
  • permanently de-identified information that does not relate or cannot be traced back to the client or potential client specifically; and
  • non-personal statistical information collected and compiled by BALIZE and information provided voluntarily in an open, public environment or forum including (without limitation) any blog, chat room, community, classifieds or discussion board. Because the information has been disclosed in a public forum, it is no longer confidential and does not constitute Personal Information subject to protection under this policy.

Collection of Information

  • On registration or during use. Once the client or customer registers on the BALIZE website or use the services offered, he/she will no longer be anonymous to BALIZE as he/she will provide us with personal information.
  • Collection on use. In order to provide the services to the client s of BALIZE, he/she will be asked to provide us with additional information on a voluntary basis (“service information”).
  • Optional details. The Client may also provide additional information on a voluntary basis such as size of sectional title unit in which he/she is interested (“optional information”). This includes content or product that the client decides to upload or download from the BALIZE website or when the client enter competitions, take advantage of promotions, respond to surveys, register and subscribe for certain additional services, or otherwise use the optional features and functionality of the website.
  • Collection from browser. BALIZE automatically receives and records Internet usage information on the BALIZE server logs from the client’s browser, such as their Internet Protocol address (“IP address”), browsing habits, click patterns, version of software installed, system type, screen resolutions, colour capabilities, plug-ins, language settings, cookie preferences, search engine keywords, JavaScript enablement, the content and pages that he.she access on the website, and the dates and times that he/she visit the website, paths taken, and time spent on sites and pages within the website (“usage information”). Please note that other websites visited before entering the BALIZE website might place personal information within the client’s URL during a visit to it, and we have no control over such websites. Accordingly, a subsequent website that collects URL information may log some personal information.
  • Cookies. When a client accesses our website we may send one or more cookies (small text files containing a string of alphanumeric characters) to their computer to collect certain usage information. We use session cookies (which disappear after the client closes your browser) and persistent cookies (which remain after the client closes their browser and which can be removed manually) and may be used by the client’s browser on subsequent visits to our website. We use information gathered by cookies to improve the website.
  • Web beacons. Our website may contain electronic image requests (called a “single-pixel gif” or “web beacon” request) that allow us to count page views and to access cookies. Any electronic image viewed as part of a web page (including an ad banner) can act as a web beacon. Our web beacons do not collect, gather, monitor or share any of your personal information. We merely use them to compile anonymous information about our website.
  • Consent to collection. We will obtain your consent to collect personal information: in accordance with applicable law; and at the time you provide us with any registration information or optional information.

BALIZE aims to have agreements in place with all product suppliers, agents, professional teams and third party service providers to ensure a mutual understanding with regard to the protection of the client’s personal information. BALIZE suppliers will be subject to the same regulations as applicable to BALIZE.

With the client’s consent, BALIZE may also supplement the information provided with information BALIZE receives from other providers in order to offer a more consistent and personalized experience in the client’s interaction with BALIZE.

For purposes of this Policy, clients include potential and existing clients.

THE USAGE OF PERSONAL INFORMATION

The Client’s Personal Information will only be used for the purpose for which it was collected and as agreed.

This may include:

  • Providing information to clients and to carry out the property transactions requested
  • Confirming, verifying and updating client details;
  • For the detection and prevention of fraud, crime, money laundering or other malpractices;
  • Conducting market or customer satisfaction research;
  • For audit and record keeping purposes;
  • In connection with legal proceedings;
  • Providing Balize Private Estate services to clients, to render the services requested and to maintain and constantly improve the relationship;
  • Providing communication in respect of BALIZE and Balize Private Estate and regulatory matters that may affect clients; and
  • In connection with and to comply with legal and regulatory requirements or when it is otherwise allowed by law.
  • We may disclose aggregate statistics (information about the customer population in general terms) about the personal information to advertisers or business partners.
  • Messages and updates. We may send administrative messages and email updates to you regarding the website. In some cases, we may also send you primarily promotional messages. You can choose to opt-out of promotional messages.

According to section 10 of POPI, personal information may only be processed if certain conditions, listed below, are met along with supporting information for BALIZE processing of Personal Information:

  1. The client’s consents to the collection and processing of their personal information: – consent is obtained from clients during the introductory, appointment and needs analysis stage of the relationship;
  2. Processing protects a legitimate interest of the client — it is in the client’s best interest to have a full and proper needs analysis performed in order to provide them with an applicable and beneficial product or service pertaining to Balize Private Estate
  3. Processing is necessary for pursuing the legitimate interests of BALIZEr of a third party to whom information is supplied — in order to provide BALIZE clients with products and or services both BALIZE and any of our product suppliers require certain personal information from the clients in order to make an expert decision on the unique and specific product and or service required.

We may use any service information and optional information provided by you for such purposes as indicated to you at the time you agree to provide such service information or optional information. We may use your usage information for the purposes described above and to:

  • remember your information so that you will not have to re-enter it during your visit or the next time you access the website;
  • monitor website usage metrics such as total number of visitors and pages accessed; and
  • track your entries, submissions, and status in any promotions or other activities in connection with your usage of the website.

DISCLOSURE OF PERSONAL INFORMATION

BALIZE may disclose a client’s personal information to any of our holding or subsidiaries, joint venture companies and or approved product- or third party service providers whose services or products clients elect to use.  BALIZE has agreements in place to ensure that compliance with confidentiality and privacy conditions.

BALIZE may also share client personal information with, and  obtain  information about clients from third parties for the reasons already discussed above.

BALIZE may also disclose a client’s information where it has a duty or a right to disclose in terms of applicable legislation, the law, or where it may be deemed necessary in order to protect BALIZE rights.

We may share your personal information with:

  1. Other divisions or companies within the group of companies to which we belong so as to provide joint content and services like registration, for transactions and customer support, to help detect and prevent potentially illegal acts and violations of our policies, and to guide decisions about their products, services and communications;
  2. An affiliate, in which case we will seek to require the affiliates to honour this privacy policy;
  3. Our service providers under contract who help with parts of our business operations (including fraud prevention, bill collection, marketing, technology services). Our contracts dictate that these service providers only use your information in connection with the services they perform for us and not for their own benefit;
  4. Estate Agents and bond originators;
  5. We may need to disclose personal information to our employees that require the personal information to do their jobs.

Regulators.

If you contact us regarding your experience with using any of our products, we may disclose your personal information as required by law or governmental audit.

Law enforcement.

We may disclose personal information if required:

  • by a subpoena or court order;
  • to comply with any law;
  • to protect the safety of any individual or the general public; and
  • to prevent violation of our service terms.

SAFEGUARDING CLIENT INFORMATION

It is a requirement of POPI to adequately protect personal information. BALIZE will continuously review its security controls and processes to ensure that personal information is secure.

The following procedures are in place in order to protect personal information:

THIS POLICY has been put in place throughout the BALIZE and training on this policy and the POPI Act has already taken place and will be conducted during 2019

Each new employee will be required to sign an  EMPLOYMENT  CONTRACT containing relevant consent clauses for the use and storage of employee information, or any other action so required, in terms of POPI;

Every employee currently employed with BALIZE will be required to sign an addendum to their EMPLOYMENT CONTRACTS containing relevant consent clauses for the use and storage of employee information, or any other action so required, in terms of POPI;

BALIZE archived client information is stored on site  which  is  also  governed  by POPI, access is limited to these areas to authorized personal.

BALIZE product suppliers, mandated agents and other third party service providers will be required to sign a SERVICE LEVEL AGREEMENT guaranteeing their commitment to the Protection of Personal Information; this is however an ongoing process that will be evaluated as needed.

All electronic files or data are BACKED UP by our IT Division which is also responsible for system security that protects third party access and physical threats. The Group IT Division is responsible for Electronic Information Security;

CONSENT to process client information is obtained from clients (or a person  who has been given authorisation from the client to provide  the  client’s  personal information) during the introductory, appointment and needs analysis stage of the relationship.

Generally we use computer safeguards such as firewalls and data encryption to protect personal information and we enforce physical access controls to our buildings and files. We authorize access to personal information only for those employees who require it to fulfil their job responsibilities. Our hosting company will host our website in a secure server environment that uses a firewall and other advanced security measures to prevent interference or access from outside intruders. We authorize access to personal information only for those employees who require it to fulfil their job responsibilities.

ACCESS AND CORRECTION OF PERSONAL INFORMATION

Clients have the right to access the personal information  BALIZE  holds  about them.  Clients also have the right to ask BALIZE to update, correct or delete their personal information on reasonable grounds. Once a client objects to the processing of their personal information, BALIZE may no longer process said personal information. BALIZE will take all reasonable steps to confirm its clients’ identity before providing details of their personal information or making changes to their personal information.

CHANGE OF OWNERSHIP

If we undergo a change in ownership, or a merger with, acquisition by, or sale of assets to, another entity, we may assign our rights to the personal information we process to a successor, purchaser, or separate entity. We will disclose the transfer on the website. If you are concerned about your personal information migrating to a new owner, you may request us to delete your personal information.

RETENTION OF PERSONAL INFORMATION

We will only retain your personal information for as long as it is necessary to fulfil the purposes explicitly set out in this policy, unless:

  • retention of the record is required or authorised by law; or
  • you have consented to the retention of the record. During the period of retention, we will continue to abide by our non-disclosure obligations and will not share or sell your personal information.

TRANSFER OF PERSONAL INFORMATION OUTSIDE SOUTH AFRICA

We may transmit or transfer personal information outside South Africa to a foreign country. Personal information may be stored on servers located outside South Africa in a foreign country whose laws protecting personal information may not be as stringent as the laws in South Africa. You consent to us processing your personal information in a foreign country whose laws regarding processing of personal information may be less stringent.

UPDATING OR REMOVING

You may choose to correct or update the personal information you have submitted to us, by clicking this link.

LIMITATION

We are not responsible for, give no warranties, nor make any representations in respect of the privacy policies or practices of linked or any third party websites.

ENQUIRIES

If you have any questions or concerns arising from this privacy policy or the way in which we handle personal information, please contact us.