1. Introduction and Scope
Realty Wise is the Responsible Party (the entity that determines the purpose and means of processing personal information) with respect to your personal information. We are committed to protecting your privacy and ensuring that your personal information is processed lawfully, securely and transparently.
This Policy applies to all personal information collected by us, including through our website, https://realty-wise.co.za, mobile applications, social media platforms and any physical or electronic communications related to our real estate services (buying, selling, leasing, property management, valuations and related services).
By visiting our website, communicating with us or using our services, you consent to the processing of your personal information as set out in this Privacy Policy.
2. Information of the Responsible Party
| Detail | Information |
|---|---|
| Responsible Party | Realty Wise (Pty) Ltd |
| Information Officer | Mariette Schoeman |
| Physical Address | Raymond Avenue, Waterkloof Ridge, Pretoria, South Africa |
| Email Address | support@realty-wise.co.za |
| Telephone Number | 079 874 5572 |
Any questions, requests or concerns relating to this Policy or the processing of your personal information can be directed to our Information Officer using the contact details above.
3. Personal Information We Collect
We only collect personal information that is adequate, relevant and not excessive for the specific purposes of providing our real estate services, complying with our legal obligations and protecting our legitimate interests.
We may collect and process the following categories of personal information:
| Category | Examples of Information Collected (for Real Estate) |
|---|---|
| Identity Data | Full Name, Surname, ID/Passport Number, date of birth, marital status (for transfer and bond application purposes). |
| Contact Data | Email address, residential/physical address, postal address, mobile and landline telephone numbers. |
| Financial Data | Bank statements, proof of funds, income statements, credit reports, SARS tax numbers (essential for bond applications, FICA compliance and property transfers). |
| Transaction Data | Details about payments to and from you, details of properties you have viewed, bought, sold or leased. |
| Technical Data | IP address, login data, browser type and version, device information, operating system and website usage data collected via cookies and similar technologies. |
| FICA / Compliance Data | Proof of address (such as utility bills), copies of ID or passport, and documentation required to comply with the Financial Intelligence Centre Act (FICA), tax laws and other regulatory obligations. |
4. How We Collect Personal Information
We collect personal information in various ways, including:
- Directly from you: When you contact us, complete our online forms, sign a mandate or contract, request a valuation, submit an enquiry via our website, attend a viewing, apply to rent or purchase a property, register for newsletters or provide documents for FICA and transfer purposes.
- From public records: Information available in public records, such as the Deeds Office, municipal records, the Companies and Intellectual Property Commission (CIPC) and other public registers.
- From third parties (Operators): With your consent or as permitted by law, from credit bureaus, bond originators, attorneys, financial institutions, managing agents and other third-party service providers who assist in concluding or administering a property transaction.
5. Purpose and Basis for Processing
We process your personal information based on one or more of the lawful grounds set out in POPIA, including your consent, the performance of a contract, compliance with a legal obligation and our legitimate interests.
| Purpose of Processing | Legal Basis under POPIA |
|---|---|
| To Provide Real Estate Services | Processing is necessary to perform a contract with you or to take pre-contractual steps at your request (for example, assisting with the sale, purchase, letting or management of property). |
| Compliance and Verification | Processing is necessary to comply with legal and regulatory obligations, including FICA, tax laws, Property Practitioners Act requirements and other relevant legislation. |
| Marketing and Communication | Processing is based on your consent (for unsolicited electronic marketing) or our legitimate interest in communicating with existing clients, subject to your right to object or opt-out. |
| Security and Access | Processing is necessary for the protection of legitimate interests, including securing our systems, premises and information, preventing fraud and ensuring the safety of our staff, clients and partners. |
6. Disclosure of Personal Information (Sharing)
We will only disclose your personal information to third parties where it is lawful and necessary to do so in order to provide our services, comply with our legal obligations or protect our legitimate interests.
Such third parties may include, but are not limited to:
- Operators and professional service providers: Attorneys and conveyancers, bond originators, banks, credit bureaus, auditors, FICA and compliance service providers, IT service providers, website hosting companies and other subcontractors who process personal information on our behalf.
- Government and regulatory bodies: The South African Revenue Service (SARS), the Financial Intelligence Centre (FIC), the Property Practitioners Regulatory Authority (PPRA), law enforcement agencies and other authorities as required by law.
- Other parties to a transaction: Prospective buyers or tenants (with limited, relevant information), landlords, property owners, managing agents and other property practitioners in joint mandates or co-listings.
Where we share personal information with operators, they are bound by written agreements to process such information only on our instructions and to maintain the same level of security and confidentiality required by POPIA.
7. Security and Integrity of Personal Information
We are legally required to provide adequate protection for the personal information we hold and to prevent unauthorised access, use, disclosure, loss or damage.
We implement appropriate, reasonable technical and organisational measures, which may include:
- Access control policies and role-based access to systems and records;
- Physical security measures for offices and storage areas;
- IT security safeguards such as firewalls, encryption, secure passwords and anti-virus software;
- Regular backups and system monitoring; and
- Employee awareness and training on data protection and information security.
In the event of a suspected or actual data breach that may materially impact you, we will follow the notification requirements set out in POPIA.
8. Retention and Restriction of Records
We will not retain your personal information for longer than is necessary to achieve the purpose for which it was collected, unless we are required by law to do so or where it is required for lawful purposes related to our functions or activities.
In many cases, legislation such as FICA and tax laws requires us to retain certain records, including personal information and transaction documentation, for a period of five to seven years.
Once the retention period has expired, or the information is no longer required, we will take reasonable steps to destroy or de-identify your personal information in a manner that prevents its reconstruction.
9. Your Rights as a Data Subject
Under POPIA, you have various rights in relation to your personal information, including the right to:
- Right of access: You may request a copy of the personal information we hold about you, subject to applicable procedural and fee requirements.
- Right to correction or deletion: You may request that we correct any inaccurate, irrelevant, excessive, out-of-date, incomplete or misleading personal information, or that we delete or destroy information that we are no longer lawfully entitled to keep.
- Right to object to processing: You may object, on reasonable grounds relating to your particular situation, to the processing of your personal information.
- Right to withdraw consent: Where processing is based on your consent, you may withdraw that consent at any time, subject to legal or contractual restrictions.
- Right to lodge a complaint: You may lodge a complaint with the Information Regulator if you believe that we are interfering with the protection of your personal information.
To exercise any of your rights, please contact our Information Officer at support@realty-wise.co.za.
10. Direct Marketing
We will only use your personal information for the purposes of sending you unsolicited electronic marketing communications (such as newsletters, property alerts and promotions) if you have explicitly consented to receiving such communications, or where permitted in terms of existing client relationships under POPIA.
You have the right to opt-out of direct marketing at any time by:
- Clicking the “unsubscribe” link provided in our marketing emails; or
- Contacting us at support@realty-wise.co.za with your request.
11. Complaints and Contact Details for the Information Regulator
If you have any concerns about how we handle your personal information, we encourage you to contact us first so that we can try to resolve the issue.
If you are not satisfied with our response, you may lodge a complaint with the Information Regulator:
- The Information Regulator (South Africa)
- Physical Address: JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001
- Postal Address: P.O. Box 31533, Braamfontein, Johannesburg, 2017
- Email (Complaints): complaints.IR@justice.gov.za
12. Policy Updates
We may amend or update this Privacy Policy from time to time to reflect changes in our practices, legal requirements or operational needs. The latest version of this Policy will always be available on our website at https://realty-wise.co.za.
Continued use of our website or services after such changes have been made will be regarded as acceptance of the updated Policy.