27Cluver is committed to ensuring that your privacy is protected and we are committed to compliance with the Protection of Personal Information Act 4 of 2013.

Introduction

For purposes of this Statement:

1. 1. “Applicable Laws” means all laws and regulations that 27Cluver is required to comply with;

   2. “Client” or “you” means any party who has an existing mandate with 27Cluver, any party who has transacted with 27Cluver in the past, any party who has indicated that they have a renting/property-related need and any party to have given 27Cluver their consent to store their Personal Information.

   3. “27Cluver” means Canon Cave Properties (Pty) Ltd, a private company duly registered in the Republic of South Africa.

2. Everyone has rights with regard to how their Personal Information is handled. During the course of its activities, 27Cluver will collect, store and process Personal Information about its staff, agents, clients, potential clients, suppliers and other third parties. 27Cluver recognise the need to treat this information in an appropriate, lawful, secure, and confidential manner.

3. This Statement sets out how your Personal Information will be used by 27Cluver and applies to any information, including Personal Information and Special Personal Information, you give to 27Cluver or which 27Cluver may collect from third parties.

4. It is important that you read this Statement carefully before submitting any Personal Information to 27Cluver.

5. By submitting any Personal Information to 27Cluver, you provide consent to the processing of your Personal Information as set out in this Statement.

6. The provisions of this Statement are subject to mandatory, unalterable provisions of Applicable Laws;

7. Please do not submit any Personal Information to 27Cluver if you do not agree to any of the provisions of this Statement. If you do not consent to the provisions of this Statement, or parts of the Statement, 27Cluver may not be able to provide its products and services to you.

How to contact us
If you have any comments or questions about this Statement, please direct your query to info@27cluver.co.za.

​Amendment of this Statement

1. We may amend this Statement from time to time for any of the following reasons:

   1. to provide for the introduction of new systems, methods of operation, services, products, property offerings or facilities;

   2. to comply with changes to any legal or regulatory requirement;

   3. to ensure that our Statement is clearer and more favourable to you;

   4. to rectify any mistake that may be discovered from time to time; and/or

   5. for any other reason which 27Cluver in its sole discretion, may deem reasonable or necessary.

2. Any such amendment will come into effect and become part of any agreement you have with 27Cluver when notice is given to you of the change by publication on our website. Please check the website often as while we may notify you of such changes through other means we cannot always ensure that you receive notification of such changes.

Privacy and Exclusion of liability

1. 27Cluver takes your privacy and the protection of your Personal Information very seriously, and we will only use your Personal Information in accordance with this Statement and applicable data protection legislation. It is important that you take all necessary and appropriate steps to protect your Personal Information yourself (for example, by ensuring that all passwords and access details (such as usernames) are kept secure).

2. Use of your personal information by 27Cluver will however never include providing your Personal Information to third parties unless you have consented to this or it is otherwise in your legitimate interests. 27Cluver does not sell your Personal Information and understands the importance of protecting this.

3. While we have and will continue to implement and maintain appropriate security safeguards in relation to our information systems and other operational measures to keep your Personal Information secure, we will not be liable for any loss, damages or injury that you may incur as a result of any unintentional disclosures of your Personal Information to unauthorised persons.

4. All information that you do provide us must be complete and accurate as we will not be responsible any loss, damages or injury that you may incur as result of the provision of incorrect or incomplete Personal Information to 27Cluver or third parties.

​Information which we may collect about you

1. In the ordinary course of doing business with 27Cluver, we may collect the following information about you:

   1. your name, address, contact details, date of birth, place of birth, identity number, passport number, bank details, details about your employment, tax number and financial information;

   2. records of correspondence or enquiries from you or anyone acting on your behalf;

   3. details of transactions you carry out with us;

   4. details of, and required for, contracts, (including, mandates, management and services agreements, leases or any other property related transactions) you carry out with us, through our agency or otherwise in the ordinary course of business;

   5. sensitive or special categories of Personal Information, including biometric information, such as images, fingerprints and voiceprints.

2. Where you provide us with the Personal Information of third parties please ensure that you are authorised to provide that Personal Information to us and that you take steps to inform the third party that you need to disclose their details to us, identifying us. We will process their Personal Information in accordance with this Statement.

​How we collect information

1. You may provide Personal Information to us either directly such as when you email us or provide information or complete forms or applications through our online or electronic channels (which will include information provided through an agent acting on your behalf, or otherwise on your instruction or permission) or indirectly.

2. We may collect your Personal Information indirectly in the following ways:

   1. Personal information that is in the public domain or accessible to the public or any part of the public including Personal Information you place in the public domain or otherwise publish;

   2. Where this is necessary to either comply with any laws or obligations imposed pursuant such laws or ensure compliance with our contractual or other obligations and responsibilities to you or third parties arising from the agreement or arrangement concluded with 27Cluver;

   3. Otherwise only with and pursuant to your consent unless this it is not reasonably practicable in the circumstances or a particular case to obtain such consent and the collection of such Personal Information from another source will not prejudice your legitimate interests.

Use of information collected

1. We may use, transfer, store and disclose your Personal Information for the purposes of:

   1. providing you with the services, products or offerings you have requested, and notifying you about important changes to these services, products or offerings;

   2. managing your account or relationship and complying with your instructions or requests;

   3. detecting and preventing fraud and money laundering and/or in the interest of security and crime prevention;

   4. assessing and dealing with complaints and requests;

   5. operational, marketing, auditing, legal and record keeping requirements;

   6. verifying your identity or the identify of your beneficial owner (in the case of a juristic person);

   7. transferring or processing your Personal Information outside of the Republic of South Africa to such countries that may not offer the same level of data protection as the Republic of South Africa, including for cloud storage purposes and the use of any of our websites subject to clause 8.3;

   8. complying with Applicable Laws, including lawful requests for information received from local or foreign law enforcement, government and tax collection agencies;

   9. Conducting credit and affordability assessments;

   10. disclosing your Personal Information to third parties for reasons set out in this Statement;

   11. monitoring, keeping record of and having access to all forms of correspondence or communications received by or sent from 27Cluver or any of its employees, agents or contractors, including monitoring, recording and using as evidence all telephone communications between you and 27Cluver; and

   12. improving or evaluating the effectiveness of 27Cluver’s business or products, services or offerings.

Disclosure of your information

1. Your Personal Information may be shared between our agents and sub-contractors and selected third parties who process the information on our behalf.

2. We may also disclose your Personal Information to third parties in the following circumstances:

   1. to assess, give effect to and monitor any of obligations, rights, remedies, or commitments that you and/or 27Cluver may have under any agreement, undertaking or arrangement to which you are a party;

   2. to determine which products and services may be of interest to you and/or to send you information about such products and services, unless you object or choose not to receive such communications;

   3. have a better understanding of your circumstances, needs and requirements to provide and improve 27Cluver’s products and services;

   4. to any relevant person and/or entity for purposes of prevention, detection and reporting of fraud and criminal activities, the identification of the proceeds of unlawful activities and the combatting of crime;

   5. to any regulator or supervisory authority, including those in foreign jurisdictions, if 27Cluver is required to do so in terms of Applicable Laws;

   6. to a prospective buyer, seller, landlord or lessor of any of our businesses or assets in relation to a transaction on which we have been mandated or otherwise required to do so in terms of this Statement;

   7. to any person if we are under a duty to disclose or share your Personal Information in order to comply with any Applicable Laws, or to protect the rights, property or safety of 27Cluver, or other third parties; and/or

   8. to your agent or any other person acting on your behalf or otherwise on your instruction or with your consent.

3. We may transfer your information to an agent, sub-contractor or third party who carries on business in another country, including one which may not have data privacy laws similar to those of the Republic. If this happens, we will endeavour to ensure that anyone to whom we pass your information agrees to treat your information with the same level of protection as if we were dealing with it.

4. If you do not wish us to disclose this information to third parties, please contact us at the contact details set out above. We may, however, not be able to provide products or services to you if such disclosure is necessary.

Retention of your information

1. Records of Personal Information will only be retained for as long as is necessary for achieving the purpose for which the information is collected or subsequently processed. This purpose will differ depending on what and why Personal Information is collected from you.

2. In some cases, we may retain your Personal Information indefinitely, unless you object, in which case we will only retain it if we are permitted or required to do so in terms of Applicable Laws. However, as a general rule, we will retain your information in accordance with retention periods set out in Applicable Laws, unless we need to retain it for longer for a lawful purpose or otherwise if retention is reasonably required for purposes of executing our functions or activities (For example, for the purposes of complaints handling, legal processes and proceedings, administering and processing required under or for purposes of agreements you may have concluded).

Access to, correction and deletion of your Personal Information

1. You may request details of Personal Information which we hold about you under the Promotion of Access to Information Act, 2000 (“PAIA”). Fees to obtain a copy or a description of Personal Information held about you are prescribed in terms of PAIA. Confirmation of whether or not we hold Personal Information about you may be requested free of charge. If you would like to obtain a copy of your Personal Information held by 27Cluver, please contact us at info@27cluver.co.za.

2. You may request the correction of Personal Information 27Cluver holds about you. Please ensure that the information we hold about you is complete, accurate and up to date. If you fail to keep your information updated, or if your information is incorrect, 27Cluver may not be able to properly discharge its obligations to you or otherwise maintain its business relationship with you. 27Cluver may from time to time communicate with you and request you to confirm and or update the Personal Information it holds concerning you but is not obliged to do so.

3. You have a right in certain circumstances to request the destruction or deletion of and, where applicable, to obtain restriction on the processing of Personal Information held about you. If you wish to exercise this right, please contact us using the contact details set out above.

4. You have a right to object on reasonable grounds to the processing of your Personal Information where the processing is carried out in order to protect our legitimate interests or your legitimate interests, unless the law provides for such processing.

Complaints

1. Should you believe that 27Cluver has utilised your Personal Information contrary to Applicable Laws, you undertake to first attempt to resolve any concerns with 27Cluver directly.

2. If you are not satisfied with such process, you may have the right to lodge a complaint with the Information Regulator, using the contact details listed below:

   1. Tel: +27 12 406 4818

   2. Fax: +27 86 500 3351

   3. Email: inforeg@justice.gov.za