Privacy Policy

We respect your privacy. Callouts like this are a summary of our privacy policy and contain the most important and relevant points for you. Please read the full privacy policy because it applies to you.

Introduction

Welcome to our privacy policy. We are:

• Real Estate OS (Pty) Ltd (registration number 2024/169268/07) trading as PropertyEngine

• PropertyEngine registered Information Officer is: Corne Kooyman; and Deputy Information Officer is: Nathan Kettles

This is our plan of action when it comes to protecting your privacy. We respect your privacy and take the protection of personal information very seriously. The purpose of this policy is to describe the way that we collect, store, use, and protect information that can be associated with you or another specific natural or juristic person and can be used to identify you or that person (personal information).

The purpose of this policy is to describe the way that we handle your personal information.

Audience

This policy applies to you if you are:

• a visitor to our website; or
• a user who has requested the services that we provide, or accepts our goods or services

This policy applies to you under certain circumstances.

Personal information

Personal information includes:

• certain information that we collect automatically when you consent to our App;
• certain information collected on registration (see below);
• certain information collected from registered Credit Bureaus or compliant Service Providers; and
• optional information that you provide to us voluntarily (see below);

but 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 you specifically;
• non-personal statistical information collected and compiled by us; and
• information that you have provided voluntarily in an open, public environment or forum including 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).

Personal information includes information we collect (i) automatically when you consent to our App, (ii) on registration, (iii) from Credit Bureaus or compliant Services Providers, and (iv) from you voluntarily. It excludes (i) anonymous, (ii) de-identified, (iii) non-personal statistical, and (iv) public information.

Common examples

Common examples of the types of personal information which we may collect and process include your:

• identifying information – such as your name, date of birth, or identification number of any kind; ‍
• contact information – such as your phone number or email address; ‍
• address information – such as your physical or postal address; or ‍
• demographic information – such as your gender or marital status.

Sensitive personal information

Depending on the services that you require, we may also collect sensitive personal information including your:

• financial information – such as your bank account details, bank statements or credit reports;
• sensitive demographic information – such as your race or ethnicity;
• sexual information – such as information about your sex life or sexual orientation;
• employment information; and

Acceptance

Acceptance required

You must accept all the terms of this policy when you request our services. If you do not agree with anything in this policy, then you may not request our services.

You may not request our services, or transact with us, if you do not accept this policy.

Legal capacity

You may not access our website or request our services if you are younger than 18 years old or do not have legal capacity to conclude legally binding contracts.

Deemed acceptance

By accepting this policy, you are deemed to have read, understood, accepted, and agreed to be bound by all of its terms.

Your obligations

You may only send us your own personal information or the information of another data subject where you have their permission to do so.

Changes

We may change the terms of this policy at any time by updating this web page. We will notify you of any changes by placing a notice in a prominent place on the website or by sending you an email detailing the changes that we have made and indicating the date that they were last updated. If you do not agree with the changes, then you must stop using the website and our goods or services. If you continue to use the website or our goods or services following notification of a change to the terms, the changed terms will apply to you, and you will be deemed to have accepted those updated terms.

Collection

On registration

Once you register on our website, you will no longer be anonymous to us. You will provide us with certain personal information when you register on our website.

This personal information will include:

• your name and surname;
• your email address;
• your telephone number;
• your company name, company registration number, and VAT number;
• your postal address or street address; and
• your username and password.

We will use this personal information to fulfil your account, provide additional services and information to you as we reasonably think appropriate, and for any other purposes set out in this policy. We will collect and use any and/or all personal information provided with each application notwithstanding the application being done by one or more individuals.

We collect certain information on registration, when you register on our website.

On request

When you request our services from us, you will be asked to provide us with additional information on a voluntary basis (Terms and Conditions).

We collect certain information when you request our services from us.

From browser

We automatically receive and record Internet usage information on our server logs from your browser, such as your 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 you access on the website, and the dates and times that you 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 our website might place personal information within your 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.

We collect certain information from your web browser, including your Internet usage information when you visit our website.

Cookies

We use cookies to enhance your browsing experience and to collect information about how you use our site. For more information about the cookies we use and how we use them, please refer to our Terms and Conditions and/or our Cookie Policy.

Optional details

You may also provide additional information to us on a voluntary basis (optional information). This includes content or products that you decide to upload or download from our website or when you enter competitions, take advantage of promotions, respond to surveys, order certain additional goods or services, or otherwise use the optional features and functionality of our website.

We collect certain optional information, that you provide when you upload or download content from our website or when you enter competitions, take advantage of promotions, respond to surveys or register and subscribe for certain additional goods or services.

Recording calls

We may monitor and record any telephone calls that you make to us, unless you specifically request us not to.

Purpose for collection

Personal information is collected to facilitate the seamless delivery of services offered through the PropertyEngine platform, which serves as a centralised ecosystem for managing real estate leads, listings, transactions, and compliance workflows. This data enables amongst other plug-ins, PropertyEngine Users to access PropertyEngine Services directly within the PropertyEngine interface, without requiring separate logins or integrations. The collection of personal information ensures that users can initiate and manage services efficiently, supports compliance with legal and regulatory obligations, and allows for future enhancements such as API-based access, subject to User agreements. All personal data is processed in accordance with applicable privacy laws and is used solely for the purposes outlined in the platform’s terms and conditions.

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We may use or process any goods or services information, or optional information that you provide to us for the purposes that you indicated when you agreed to provide it to us. Processing includes gathering your personal information, disclosing it, and combining it with other personal information. We generally collect and process your personal information for various purposes, including:

• goods or services purposes – such as collecting orders or requests for and providing our goods or services;
• marketing purposes – such as pursuing lawful related marketing activities;
• business purposes – such as internal audit, accounting, business planning, and joint ventures, disposals of business, or other proposed and actual transactions; and
• legal purposes – such as handling complaints, complying with regulations, or pursuing good governance.

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.

We may use any of your personal information that you provide to us for the purposes that you indicated when you agreed to provide it to us.

Consent to collection

The data subject expressly consents to the collection, use, processing, storage, and sharing of their personal information by the Company. This processing is conducted in accordance with applicable law and is justified by:

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(i) the legitimate interests of the Company, including operational efficiency and fraud prevention;
(ii) the legitimate public interest in combating financial crimes; and
(iii) contractual obligations arising from the services provided.

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Such processing is limited to the purposes for which the personal information was collected and is subject to appropriate safeguards to ensure confidentiality, integrity, and lawful handling.

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We will obtain your consent to collect personal information:

• in accordance with applicable law;
• when you provide us with any registration information or optional information.

We will get your consent to collect your personal information in accordance with applicable law when you provide us with it.

Use

Our obligations

We may use your personal information to fulfil our obligations to you.

Messages and updates

We may send administrative messages and email updates to you about the website. In some cases, we may also send you primarily promotional messages. You can choose to opt-out of promotional messages.  

We may use your information to send you administrative messages and email updates to you regarding the website and for marketing purposes where lawful.

Targeted content

While you are logged into the website, we may display targeted adverts and other relevant information based on your personal information. In a completely automated process, computers process the personal information and match it to adverts or related information. We never share personal information with any advertiser, unless you specifically provide us with your consent to do so. Advertisers receive a record of the total number of impressions and clicks for each advert. They do not receive any personal information. If you click on an advert, we may send a referring URL to the advertiser’s website identifying that a User is visiting from the website. We do not send personal information to advertisers with the referring URL. Once you are on the advertiser’s website however, the advertiser is able to collect your personal information.

We may use your information for targeted content in certain, specified instances.

Compliance obligations

Data Subject Access Rights in terms of POPIA

Under the POPIA, you have the following rights in line with Section 23 and 24 of the Act:

• Access – You can ask to see the personal information we hold about you. ‍
• Correction – You can ask us to correct any incorrect or incomplete information. ‍
• Deletion – You can ask us to delete your information in certain cases. ‍
• Restriction – You can ask us to limit how we use your information in certain situations. ‍
• Data Transfer – You can ask us to send your information to someone else. ‍
• Objection – You can object to us using your information in certain situations.

Record-Keeping obligations in terms of FICA

In compliance with FICA, we retain records of consumer identification and transaction data for a period of at least 5 years after the end of the customer-consumer relationship and/or conclusion of a transaction and/or termination of the User relationship. This is to assist with Anti-Money Laundering (“AML”) and counter-terrorism financing (“CTF”) efforts.

Consumer Rights protected under the National Credit Act (“NCA”)

As a consumer, you have the following rights under the NCA:

• Right to Access Credit Information;
• You have the right to dispute any inaccurate or incomplete credit information
• You have the right to request correction of any inaccurate or incomplete credit information.

To exercise any of these rights, please contact us at help@propertyengine.co.za.

Rights in terms of Electronic Communication and Transactions Act (“ECTA”)

PropertyEngine complies with the ECTA, specifically Part 2, which governs the legal recognition of data messages and electronic signatures. All electronic records, including customer applications, consent given, and communications submitted through our platform, are deemed legally valid and enforceable.

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We ensure the integrity and reliability of data and electronic records through secure storage, encryption, and audit trails that promotes consumer protection. Where applicable, electronic signatures used on our platform meet the requirements of ECTA and are binding on the parties.

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Users engaging with PropertyEngine electronically are afforded the same rights and protections as those transacting in person, including the right to information, the ability to withdraw consent, and protection against unsolicited communications.

To exercise any of these rights, please contact us at help@propertyengine.co.za

Disclosure

Sharing

We may share your personal information with:

• 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 user support, to help detect and prevent potentially illegal acts and violations of our policies, and to guide decisions about our products, services, and communications (they will only use this information to send you marketing communications if you have requested their goods or services);
• an affiliate, in which case we will seek to require the affiliates to honour this privacy policy;
• our goods or services providers under contract who help provide certain goods or services or help with parts of our business operations, including fraud prevention, bill collection, marketing, technology services (our contracts dictate that these goods or services providers only use your information in connection with the goods or services they supply or services they perform for us and not for their own benefit);
• credit bureaus to report account information, as permitted by law;
• Users as permitted in terms of your consent;
• banking partners as required by credit card association rules for inclusion on their list of terminated merchants (in the event that you utilise the services to receive payments and you meet their criteria); and
• other compliant third parties who provide us with relevant services where appropriate.

We may share your personal information with third parties for the purposes outlined in this policy. All third parties are vetted and bound by data protection agreements to ensure the security and confidentiality of your personal information.

Credit reports

We will obtain your consent when we share your personal information with the credit bureaus to generate a credit report. This report will also help you to managing your credit, challenge the accuracy of information contained on your report and investigate and compare your information held by the credit bureaus.

Account statements from financial institutions

We will obtain your consent when we obtain your account statements from your financial institution.  

We may share your personal information with third parties for the purposes of fulfilling our obligations to you among other purposes.

Regulators

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 user relationship terms.

We may disclose personal information to third parties if required for legal reasons.

Marketing purposes

We may disclose aggregate statistics (information about the user population in general terms) about the personal information to advertisers or business partners. We will obtain your consent to share your information with related third parties for marketing purposes.

Employees

We may need to disclose personal information to our employees that require the personal information to do their jobs. These include our responsible management, human resources, accounting, audit, compliance, information technology, or other personnel.

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.

Security

We take the security of personal information very seriously and always do our best to comply with applicable data protection laws. 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 authorise access to personal information only for those employees who require it to fulfil their job responsibilities. We implement disaster recover procedures where appropriate.

Our website is hosted on a secure server and uses security measures to prevent interference by intruders.

Accurate and up to date

We will try to keep the personal information we collect as accurate, complete and up to date as is necessary for the purposes defined in this policy. From time to time, we may request you to update your personal information on the website. You are able to review or update any personal information that we hold on you by accessing your account online, emailing us, or phoning us. Please note that in order to better protect you and safeguard your personal information, we take steps to verify your identity before granting you access to your account or making any corrections to your personal information.

Please keep your personal information accurate and up to date by accessing your account online, emailing us, by phoning us.

Retention

We retain personal information only for as long as necessary to fulfil the purposes for which it was collected, including for the purposes of satisfying any legal, accounting, or reporting requirements. Specific retention periods are as follows:

• retention of the record is required or authorised by law, more specifically:  
• Transaction Data to be retained for at least 7 years for audit and compliance purposes;
• Marketing Data to be retained until such time that you withdraw your consent or opt-out of marketing communications.
• 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 share your personal information with permitted third parties that you explicitly consent to.

We may retain your personal information in physical or electronic records at our discretion.

We will only retain your personal information for as long as is necessary.

Transfer to another country

We may transmit or transfer personal information outside of the country in which it was collected to a foreign country and process it in that country. Personal information may be stored on servers located outside the country in which it was collected in a foreign country whose laws protecting personal information may not be as stringent as the laws in the country in which it was collected. You consent to us processing your personal information in a foreign country whose laws regarding processing of personal information may be less stringent.  

We may transfer your personal information outside the country in which it was collected to a foreign country.

Updating or removing

You may choose to correct or update the personal information you have submitted to us, by contacting us email.  

You may choose to update or remove the personal information you have submitted to us.

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.

Compliants Procedure

Data subjects can raise complaints if they have a reasonable concern that their rights are being violated. If you have any complaints regarding the processing of your personal information, please contact us at propertyengine.freshdesk.com and note your complaint for us. We will acknowledge receipt of your complaint within 48 hours and aim to resolve it within 7 business days. If you are not satisfied with our response, you may escalate the complaint to help@propertyengine.co.za

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PropertyEngine treats these complaints seriously and follows a consolidated complaint framework policy to address any issues. If unable to report via the platform, please contact the following: help@propertyengine.co.za