Privacy Policy — AgileProp

1. Introduction

We respect your privacy and will take reasonable measures to protect it, as more fully detailed below.
AgileProp, a division of Agile Group SA (Pty) Ltd (“Agile”, “AgileProp”, “us”, “we”, or “our”) operates the https://www.agileproperty.co.za website and any related platform (the “Service”).
Agile Group is the ‘Responsible Party’ and is responsible for your personal information when we are processing operations. In certain instances, we may operate as an ‘Operator’ of personal information for a third party.
This page informs you of our policies regarding the processing (collection, use, and disclosure) of personal data when you use our Service and the choices you have associated with that data.
We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions.

2. Information collection and use

We collect several different types of information for various purposes to provide and improve our Service to you.

3. Types of data collected

When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. As you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site (“Device Information”).
“Personal Information” means information that is gathered in connection with the use of our website for any of our products or services, requests for information on any product or service available through our website.
We collect and process Personal Information to provide information on or access to our services and products, to help us improve our offerings to you, auditing our products and services, to comply with applicable laws, and other specified and lawful purposes. We may collect or receive Personal Information from other sources if consent has been given by the data subject for that information to be shared, including from commercially available sources such as public databases.
Website usage information is collected using “cookies” which allow us to collect standard internet visitor usage information and preferences.

4. What is personal information?

Personal information refers to any information that identifies you or specifically relates to you. It includes, but is not limited to:

marital status, national origin, age, language, education;
financial history (income or buying, investing and banking behaviour);
identifying numbers (account, identity or passport number);
email address, physical address, telephone number;
online identifiers and social media profiles;
biometric information (fingerprints, signature, voice);
race, gender, sex, pregnancy, ethnic or social origin, colour, sexual orientation;
physical or mental health, well-being, disability, religion, belief, conscience, culture;
medical, criminal or employment history;
personal views, preferences and opinions;
confidential correspondence; and
another’s views or opinions about you and your name.

Personal information includes special personal information.

5. When will we process your personal information

We will only process your personal information for lawful purposes relating to our business if:

you have consented thereto;
a person legally authorised by you, the law or a court has consented thereto;
it is necessary to conclude or perform under a contract we have with you;
the law requires or permits it;
it is required to protect or pursue your, our or a third party’s legitimate interest; and / or
you are a child and a competent person (parent or guardian) has consented thereto.

6. What is special personal information?

religious or philosophical beliefs;
race or ethnic origin;
trade union membership;
political beliefs;
health or sex life;
biometric information; and / or
criminal behaviour and alleged commission of an offence.

7. When will we process your special personal information

if you have consented to the processing;
if the processing is needed to create, use or protect a right or obligation in law;
if the processing is for statistical or research purposes and all legal conditions are met;
if the special personal information was made public by you;
if the processing is required by law;
if processing is for historical, statistical or research purposes serving a public interest where consent is impossible or disproportionate, with sufficient safeguards;
if racial information is processed to comply with laws designed to protect or advance disadvantaged persons;
if health information is processed for employment contract administration; or
if biometric processing is carried out by bodies charged by law with applying criminal law.

8. Your consent

We will not collect, use or disclose Personal Information without consent save as permitted by the Protection of Personal Information Act (POPIA). In most cases we will ask for consent explicitly but, in some cases, we may infer consent from actions and behaviour. By using our website www.agileproperty.co.za you consent to us collecting, using and disclosing your personal information in accordance with this Privacy Policy.

We may ask for additional consent if we need to use your personal information for further processing for purposes not covered by this Privacy Policy. You are not obliged to provide such consent, but if you decide not to then your participation in certain activities may be restricted. If you provide additional consent, the terms of that consent shall prevail in the event of any conflict with this Policy.

If you do not agree to the collection, use and disclosure of your personal information in this way, please do not use our website or otherwise provide us with personal information.

9. Specific purpose

9.1 We will not, without your express consent, use your personal information for any purpose other than:

in relation to providing products or services to you;
for administrative and internal business purposes;
to contact you regarding current or new products or services (unless you have opted out);
to inform you of new features, special offers and promotional competitions (unless you have opted out);
to improve your experience on our Website by monitoring browsing habits or tracking usage;
for automated technologies as you interact with our Services and Platform — we may collect technical and usage data via software, cookies and server logs;
to disclose your personal information to third parties as set out below.

We may share your personal information with:

our employees and/or third party service providers who assist us to interact with you;
our divisions and/or partners for marketing material (unless you have opted out);
law enforcement, government officials and fraud detection agencies where necessary to prevent harm or report illegal activity;
service providers under contract who help with parts of our business operations; and
persons to whom we are required to disclose by law, subpoena or court order.

9.2 We will: treat your personal information as strictly confidential; take appropriate technical and organisational measures to keep it secure; provide you with access to view and update your details; promptly notify you of any unauthorised use, disclosure or processing; provide reasonable evidence of compliance; and on request promptly return or destroy your personal information (subject to legal retention obligations).

9.3 We will not retain your personal information longer than the period for which it was originally needed, unless required by law or you consent to longer retention.

9.4 We undertake never to sell or make your personal information available to any third party other than as provided for in this policy, unless compelled by law (including disclosure of relevant information in fraudulent online payment investigations).

9.5 Whilst we will do all things reasonably necessary to protect your privacy rights, we cannot guarantee or accept liability for unauthorised disclosures by third parties not subject to our control, unless such disclosure results from our gross negligence.

10. Reasons we need to process your personal information

to provide and maintain products, goods and services to you;
for administrative and internal business purposes;
to notify you about changes to our services;
to allow you to participate in interactive features;
to provide customer care and support, including responding to enquiries and complaints;
to provide analysis to improve the service;
to monitor usage and detect, prevent and address technical issues;
to market our products and services to you;
to comply with legislative, regulatory, risk and compliance requirements;
for security and legal reasons;
to detect, prevent and report theft, fraud and other crimes;
to enforce and collect on agreements when you are in default or breach;
to conduct market and behavioural research, vetting and risk analysis;
to develop, test and improve products and services;
for historical, statistical and research purposes;
to process payment instructions;
to manage and maintain your relationship with us;
to deliver documents or notices to you;
for security, identity verification and to check the accuracy of your personal information;
to communicate with you and carry out your instructions;
for customer satisfaction surveys and competitions; and
for direct marketing of products and services you may be interested in (where permitted).

11. Usage data

We may also collect information on how the Service is accessed and used (“Usage Data”). This may include your computer’s Internet Protocol address (IP address), browser type and version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

12. Tracking & cookies data

We use cookies and similar tracking technologies to automatically collect information, track activity on our Service and hold certain information through the operation of our internet servers. Cookies are files with small amounts of data which may include an anonymous unique identifier. Tracking technologies also used are beacons, tags and scripts.

The information collected by cookies is not used to personally identify you. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Services.

13. Disclosure of information

We may share your personal information with third party companies and individuals to facilitate our Service (“Service Providers”), to provide the Service on our behalf, to perform Service-related services or to assist us in analysing how our Service is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

We shall use our best efforts to ensure they keep your information secure and only use it in a manner consistent with this Privacy Policy and applicable data protection laws.

14. Legal requirements

Agile may disclose your Personal Data in the good faith belief that such action is necessary to:

comply with a legal obligation;
protect and defend the rights or property of Agile;
prevent or investigate possible wrongdoing in connection with the Service;
protect the personal safety of users or the public; and
protect against legal liability.

15. How we use your personal information for direct marketing

We may use your Personal Information to:

suggest products or services (including those of relevant third parties) which we think may be of interest to you;
offer you the opportunity to take part in competitions or promotions;
communicate with you in person, by post, telephone or electronic channels (SMS, email, fax).

If you are not a customer, or where the law requires, we will only market to you by electronic communications with your consent.

You can opt out of receiving direct marketing at any time by emailing agileprop@agilegroup.co.za.

16. Transfer of personal information

We will only transfer your personal information to third parties in another country in any one or more of the following circumstances:

where it will be adequately protected under that country’s laws or an agreement with the recipient;
where the transfer is necessary to perform under a contract with you, or a contract with a third party in your interest;
where you have consented to the transfer; and / or
where it is not reasonably practical to obtain your consent and the transfer is in your interest.

Agile will take all steps reasonably necessary to ensure your data is treated securely and that no transfer takes place to an organisation or country unless adequate controls are in place.

17. Security of data

The security of your data is important to us, but no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially reasonable means to protect your Personal Data, we cannot guarantee its absolute security.

18. Analytics & links to other sites

We may use third-party Service Providers to monitor and analyse the use of our Service.

Google Analytics — a web analytics service that tracks and reports website traffic. You can opt out via the Google Analytics opt-out browser add-on. See Google’s Privacy & Terms.
Links to other sites — Our Service may contain links to sites we do not operate. We strongly advise you to review the privacy policy of every site you visit. We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.

Agile Group SA (Pty) Ltd shall not be liable for any loss or damage, howsoever arising, suffered by you as a result of the disclosure of your information to a third party.

19. Your privacy rights

You must provide proof of identity when enforcing these rights.
You must inform us when your personal information changes.
Tell us if you don’t want to be contacted in the future.
If you are an existing customer, we may continue communicating with you in respect of existing products and services.

You have the right to request access to the personal information we hold about you, including:

confirmation that we hold your personal information;
a copy or description of the record; and
the categories of third parties who have had access to your personal information.

We will attend to access requests within a reasonable time. A reasonable fee may apply for copies; we will inform you before attending to your request. The law may limit your right to access.

You have the right to request that we correct your personal information if it is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or obtained unlawfully. Requests must be in writing; changes may take up to 15 business days to reflect.

You may object on reasonable grounds to processing. We may not be able to give effect to your objection if processing is permitted by law, performed under your consent, or necessary to perform under a contract with you. Where you withdraw consent, we will explain the consequences. You have a right to file a complaint with us or with the Information Regulator.

20. Children’s privacy

Our Service does not address anyone under the age of 18 (“Children”).

We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and aware that your child has provided us with Personal Data, please contact us. We will take all reasonable steps to remove that information from our servers.

21. Do not track

Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.

22. Data retention

When you place your personal data through the Site, we will maintain your personal data for our records unless and until you ask us to delete this information.

We will keep your personal information for as long as:

the law requires us to keep it;
a contract between you and us requires us to keep it;
you have consented to us keeping it;
we are required to keep it to achieve the purposes listed in this Privacy Policy;
we require it for statistical or research purposes;
a code of conduct requires us to keep it; and / or
we require it for our lawful business purposes.

We will not keep personal data for longer than is necessary, unless we must keep it for legitimate business or legal reasons. Some residual copies may remain in backup systems after deletion.

23. Changes to this Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

You are advised to review this Privacy Policy periodically. Changes are effective when they are posted on this page.

24. Changes to this policy

This Privacy Policy may be amended and replaced from time to time by posting the updated version on the website without prior notice.

25. Complaints handling

Complaints in respect of the processing of personal information may be submitted to Agile or directly to the Information Regulator.

26. Information Officer

Agile has appointed an Information Officer responsible for overseeing questions in relation to this Privacy Policy. For any questions, requests to exercise your legal rights, or to lodge a complaint, please contact:

Full Name: Agile Group SA (Pty) Ltd
Information Officer: Bronwyn Williams
Tel: 083 344 9212
Email: agileprop@agilegroup.co.za

27. Information Regulator

Tel: 012 406 4818
Fax: 086 500 3351
Email: inforeg@justice.gov.za

28. Contact us

If you have any questions about this Privacy Policy, please contact us via email: agileprop@agilegroup.co.za.

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