privacy policy

We value our clients and respect their privacy. Outlined below is the OBS Realty privacy policy, outlining our commitment to procuring and managing information responsibly, as per the Protection of Personal Information Act.

Our policy makes for the provision for the procedures whereby we collect personal information, how we process and use the information, and under which circumstances we share your information and with whom, as well as the destruction of information procedures.

Clients retain the right to update, remove or destroy the information we retain for purposes other than those mandated, but not limited to, in the following acts:

• Financial Intelligence Centre Act, 38 of 2001 (FICA),

• The Prevention of Organised Crime Act, 112 of 1998,

• The Protection of Constitutional Democracy Against Terrorist and Related Activities Act, 2004 (POCDATARA)

In our course of business, we collect information for the purpose of marketing and for the purposes of concluding formal real estate transactions.

We do not share information with any third parties unless we have the written instruction from clients to do so.

Types of information collected:

1. Personal Information

2. Usage Data

Our website is built and managed in-house and we do not submit any information to third parties. All data submitted via our website by any Data Subject is handled in accordance with the Protection of Personal Information Act, and that should there be a breach on the part of the third party, all breaches will be disclosed to the Information Regulator and affected parties/persons will be notified of the breach.

Our website does not make use of Cookies.

We also list properties on the Property 24 website, where consumers can view or respond to listed properties.

Consumers making use of the Property 24 website and application are subject to the use agreement which can be found on their website and application.

Find the Property 24 privacy policy on their website: https://www.property24.com/terms-and-conditions

All ad hoc property listings on third party platforms are subject to the terms of use and privacy policy of that website, platform, or application. OBS Realty will always endeavour to keep all Data Subject information private.

Personal Data - Use

The Company may use Personal Data for the following purposes:

• Real Estate Contracts (Sale Agreements/ Offer to Purchase/ Mandates/ Leases)

• Contacting clients via electronic communication (e.g e-mail, sms, app-based communication), telephonically, app notifications and postal services.

• Update clients/ subscribers with the latest news, important information and services.

• Survey and poll to track industry trends, service delivery and client satisfaction.

Personal Data – Sharing

In a real estate transaction, we are obligated to share certain information with third parties, such as conveyancers, other parties to a transaction in a contract, service providers for the purposes for delivering services, other agents, or in the case of an emergency.

Should a Data Subject feel that any third party has abused their personal information by sharing it without authorisation, uses it for unsolicited direct marketing, unlawfully obtained or processed any personal information, the Data Subject must directly address the matter with the third party.

Data storage & processing

We retain information/ data pertaining to real estate transactions for a period of 5 years after the completion of the transaction, as per the Financial Intelligence Centre Act. After the 5-year period, the documentation and digital copies are destroyed.

Data kept on our marketing database, consisting of names, surnames, addresses, telephone numbers, and e-mail addresses, are kept indefinitely. The information is stored securely on the share drive and only the approved staff and agents have access. Clients always have the option to opt out of any marketing database. In the case of a client opting out, we remove that client immediately from all our platforms.

Personal Data is processed at the OBS Realty office as well as any other places where the directors (or staff) involved in the processing, are located.

This implies that information may be transferred to, maintained on, or destroyed from computers and devices located outside of the province, country, or other governmental jurisdiction with other data protection laws, which may differ from those where the client is located.

OBS Realty will take all reasonable steps to ensure that all client data is treated in accordance with the Protection of Personal Information Act, and always with the utmost respect for the client’s privacy and safety.

Disclosure - Anti-Money Laundering

As an Accountable Institution, OBS Realty is required by law to submit reports to the Financial Intelligence Centre, such as Cash Threshold Reports, Suspicious Persons or Suspicious Transaction reports.

Legal obligations

When requested we will disclose personal information if we need to:

• Lodge a defence in a legal case.

• Protect us against liability.

• Prevent an illegal transaction or activity.

• Prevent any money laundering or terrorist funding.

• Assist the South African Police Service, or any crime intelligence service of South Africa, or the National Prosecuting Authority, when a court order instructs us to do so.

Security of Your Personal Data

We endeavour to always treat your personal data as our own and never purposefully place your information at risk. That said, please note that we use commercial software and electronic storage applications and are in that respect dependent on the built-in protection of those applications and services.