Popia Policy

Balwin Properties Limited

1. Introduction

1.1 Balwin Properties Limited (and/or any one of its subsidiaries), registration number 2003/028851/06 (“Balwin”, “we”, “us” or “our”), respects your privacy and is committed to protecting your Personal Information.

1.2 This Privacy Notice explains how we collect, use, store, share and protect your Personal Information when you use the website https://balwin.co.za/ (“the Website”), or otherwise deal with us as a client, supplier or other stakeholder.

1.3 We process Personal Information in accordance with the Protection of Personal Information Act No. 4 of 2013 (“PoPIA”). By using the Website, you accept this Privacy Notice, which we may amend from time to time. Please check this page periodically for updates.

2. Definitions

2.1 “Personal Information” means information relating to you or any other living person or existing legal entity, including but not limited to your name, identity or registration number, email and physical address, telephone number, financial information, and any other information that can identify you.

2.2 “Processing” means collecting, recording, organising, storing, updating, distributing, removing or deleting Personal Information, whether by automated means or not.

3. Information We Collect

3.1 Depending on how you deal with us, we may collect and Process:

3.1.1 your identity and contact details, such as your name, identity or passport number, address, email address and telephone number;

3.1.2 your financial information, such as banking and payment details and information needed to process a transaction;

3.1.3 information about the properties, products or services you are interested in or have acquired, and our correspondence with you;

3.1.4 technical information collected automatically when you use the Website (see clause 13); and

3.1.5 where you apply for a position with us, the information necessary for recruitment and employment.

4. Why We Process Your Information

4.1 We Process Personal Information only for lawful, business-related purposes, including to:

4.1.1 respond to your enquiries and provide the products, services or information you request;

4.1.2 conclude and perform agreements with you, including the reservation, sale or lease of an apartment;

4.1.3 process payments and manage our relationship with you and our suppliers;

4.1.4 comply with our legal and regulatory obligations;

4.1.5 operate and improve the Website; and

4.1.6 send you marketing information where we are permitted to do so (see clause 12).

4.2 Where practical, we will tell you why we are collecting your Personal Information when we collect it, and we will not use it for an unrelated purpose without a lawful basis.

5. Our Lawful Basis for Processing

5.1 We will only Process your Personal Information where POPIA allows it, including where: you have consented; it is necessary to conclude or perform an agreement with you; it is required by law; it protects your legitimate interests; or it is necessary for the legitimate interests of Balwin or a third party.

6. Special Personal Information and Children

6.1 Certain information, such as information about your race, health, religious or philosophical beliefs or criminal behaviour, is treated as special Personal Information. We will only Process it where POPIA permits, such as with your consent or where the law requires it.

6.2 We will only Process the Personal Information of a child with the consent of the child’s parent or guardian, or where otherwise permitted by law.

7. Sharing Your Information

7.1 We do not sell your Personal Information.

7.2 We may share it, only where necessary and in accordance with POPIA, with our subsidiaries, associates and affiliates; our service providers who Process Personal Information on our behalf (such as IT, hosting, payment and professional service providers) under appropriate confidentiality obligations; and regulators or authorities where required or permitted by law.

8. Cross-Border Transfers

8.1 Where necessary for the purposes set out in this Privacy Notice, we may transfer your Personal Information to recipients outside the Republic of South Africa. We will only do so where POPIA permits, for example where the recipient is subject to adequate data protection laws or a binding agreement, where you have consented, or where the transfer is necessary to perform an agreement with you or in your interest.

9. Security

9.1 We take reasonable technical and organisational measures, including encryption where appropriate, to protect your Personal Information against loss, damage and unauthorised access. We require those who Process Personal Information on our behalf to keep it confidential and secure.

9.2 No transmission over the internet can be guaranteed as completely secure, and you provide information online at your own risk.

10. Retention

10.1 We keep your Personal Information only for as long as necessary to fulfil the purposes for which it was collected, or for as long as we are required or permitted to keep it by law. When it is no longer needed, we will delete, destroy or de-identify it securely.

11. Your Rights

11.1 Subject to POPIA, you have the right to:

11.1.1 be notified that we are collecting your Personal Information, or that it has been accessed by an unauthorised person;

11.1.2 request access to the Personal Information we hold about you;

11.1.3 request that it be corrected or deleted where we are no longer authorised to keep it;

11.1.4 object, on reasonable grounds, to its Processing;

11.1.5 object to its Processing for direct marketing; and

11.1.6 complain to the Information Regulator and institute civil proceedings regarding an alleged breach of your rights.

11.2 To exercise any of these rights, contact our Information Officer (see clause 14). You may also request access to information through our PAIA Manual, available at information@balwin.co.za

12. Direct Marketing

12.1 We will only send you direct marketing where POPIA permits, for example where you have consented or where you are an existing customer and the communication relates to similar products or services.

12.2 You may ask us to stop sending you marketing, or withdraw your consent, at any time and free of charge, by contacting us or using the opt-out option in the relevant communication.

13. Cookies

13.1 When you access the Website, we may place cookies (small text files) on your device to help the Website function, remember your preferences and understand how the Website is used. You can manage cookies through your browser settings, although disabling them may affect how the Website works. Please refer to our Cookie Notice for more detail.

14. How to Contact Us

14.1 Balwin has appointed an Information Officer responsible for our compliance with POPIA. If you have any questions about this Privacy Notice, wish to exercise your rights, or want to lodge a complaint, please contact:

The Information Officer, Balwin Properties Limited

Email: information@balwin.co.za

Post: Private Bag X4, Gardenview, 2047

15. Complaints to the Information Regulator

15.1 If you are not satisfied with how we have handled your Personal Information, you may lodge a complaint with the Information Regulator (South Africa):

Website: https://inforegulator.org.za

General enquiries: enquiries@inforegulator.org.za

POPIA complaints: POPIAComplaints@inforegulator.org.za

Telephone: 010 023 5200 | Toll free: 0800 017 160

Address: Woodmead North Office Park, 54 Maxwell Drive, Woodmead, Johannesburg, 2191

16. Changes to This Notice

16.1 We may update this Privacy Notice from time to time to reflect changes in our practices or the law. The current version will always be available on the Website.

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