Website and Email Privacy Statement of Dazzle Realtors (Pty) LTD T/A RE/MAX Dazzle
We collect, process and store information of data subjects as a usual course of our business. We need to continue doing so whilst being compliant with POPI (the Protection of Personal Information Act). We are fully compliant with POPI and this statement serves as our disclosure to Data Subjects and other interested parties, in broad terms, of how we achieve that. Data Subjects are defined as a natural or legal person whose information is collected, processed or stored.
Why?
• As a company that provides data subjects with a service or with data interaction for a lawful reason, we need to gather certain information to be able to do so and in a certain manner.
• The information we collect will depend on the reasons for which it is collected and used. This might differ in our various interactions. We will only collect information that we need for that particular purpose as agreed upon and no more than necessary. We’ll also tell Data Subjects what information they need to provide to us and what information is optional.
How?
• We have a fully developed POPI compliance framework in place which comprises impact assessments and a POPI Policy, among others.
• We will usually obtain information from a Data Subject directly via various different means but may from time to time also obtain publicly available information.
• Data Subject information may be processed by third parties like regulators, our software providers or other suppliers to ensure Data Subjects get great service and may be transferred cross border, for instance where we use cloud services to store data or if one of our own service providers are situated overseas.
What?
From time to time, we may collect some of the information below of natural or legal persons, which is defined as personal information in terms of POPI. However, our specific interaction with the Data Subject will detail what information we need exactly:
• information relating to the education or the medical, financial, criminal or employment history of the person;
• any identifying number, symbol, email address, physical address, telephone number, location information, online identifier or other particular assignment to the person;
• the biometric information of the person;
• the personal opinions, views or preferences of the person;
• correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;
• the views or opinions of another individual about the person; and
• the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person;
• information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person.
• personal information concerning a child.
Data Subject Rights
Data subjects have a right not to share the information as set out above but in that instance, we cannot offer Data Subjects our services. They may contact us to enquire what information of theirs we hold. They also have the right to correct their information or to request us to delete the information, unless the law states that we must hold the information. They have a right to revoke this consent. If a Data Subject would like to contact us in relation to Data Subject information, please see our contact details on our website.
Enquiries or Complaints
Anyone can approach us on our contact details on our website where you found this notice to speak to our Information Officer or to submit any data queries or complaints.
Information Officer: Gerrie Alberts – gerriea@remaxdazzle.co.za
You have the right to lodge a complaint to the Information Regulator at:POPIAComplaints@inforegulator.org.za , PAIAComplaints@inforegulator.org.za or search their office on the internet at https://inforegulator.org.za/ .
Consent
By visiting our website and communicating electronically with us, the Data subject consents to the processing, including transfer of his Personal information as set out in this Notice.
PAIA Policy
DAZZLE REALTORS (PTY) LTD T/A RE/MAX DAZZLE
Registration Number 2020/823825/07
ACCESS TO INFORMATION MANUAL
(PRIVATE BODY)
PREPARED IN TERMS OF SECTION 51 OF THE PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000 (hereinafter referred to as “the Act”)
Introduction
The Promotion of Access to Information Act, 2 of 2000 (hereinafter referred to as “the Act”) gives effect to Section 32(1) (a) & (b) of the Constitution of the Republic of South Africa, Act 108 of 1996, which provides for the right of access to information held by public and private bodies when such information is requested for the exercise or protection of any rights.
The Act, inter alia, sets out the requisite procedural requirements in relation to a request for information, the requirements to be met, and grounds for refusal of the request.
The Act recognises that the right to any information may be limited to the extent that such limitations (including, but not limited to, limitations aimed at the reasonable protection of privacy, commercial confidentiality and effective, efficient and good governance), are reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom as contemplated in Section 36 of the Constitution.
The purpose of this manual is to inform requesters of the procedural and other requirements which a request for information must meet as prescribed by the Act.
The purpose of this Manual is to assist people wishing to access information in terms of the PAIA from the RE/MAX DAZZLE
PART I: INFORMATION REQUIRED IN TERMS OF SECTION 51(1)(a) OF THE ACT:
Name of Company
Dazzle Realtors (Pty) Ltd t/a RE/MAX Dazzle
Nature of Business
RE/MAX Dazzle is an independently owned and operated real estate agency, operating under the internationally recognised RE/MAX brand and licensed through RE/MAX of Southern Africa. We specialise in facilitating property transactions, including the buying and selling of residential, commercial, and industrial real estate. Our team of licensed property practitioners, who operate as independent contractors of RE/MAX Dazzle, assist clients throughout the transaction process with professional guidance and support.
Directors of Private Body
Neville Louis Brits – ID No 6911085159087
Lycinde Angely Brits – ID No 7611080115089
Gert Andries Jacobus Alberts – ID No 7910015050084
Susan Weston – ID No 7303090167082
Postal Address
P.O. Box 3287
Glen Eagle
Aston Manor
1630
Physical Address
75 Monument Road
Kempton Park
1619
Telephone Number
011 394-9058
Electronic Mail
info@remaxdazzle.co.za
Information Officer
Gerrie Alberts
Telephone: 083 785 3447
E-Mail: gerriea@remaxdazzle.co.za
Company website:
https://www.remaxdazzle.co.za/
PART II: THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION (SAHRC)
The South African Human Rights Commission (hereinafter referred to as “the SAHRC”) has compiled a guide. It sets out information which would be reasonably required of any person wishing to exercise any right set out in the Act. The guide is available in all of the official languages, and is available for inspection at:
29 Princess of Wales Terrace Private Bag 2700
Cnr York and St Andrews Streets Houghton
Parktown Johannesburg
Johannesburg
2041
Telephone number: (011) 484-8300 Facsimile Number: (011) 484-1360
Website: www.sahrc.org.za
PART III: NOTICE IN TERMS OF SECTION 51(1)(c):
At this stage no notices have been published on the categories of records automatically available without a person having to request access thereto in terms of the Act.
The following records are however automatically available to any person requesting this information and it is therefore not necessary to apply for access thereto in terms of the Act:
• General information about RE/MAX Dazzle available via website www.remaxdazzle.co.za
PART IV: RECORDS AVAILABLE IN ACCORDANCE WITH LEGISLATION IN TERMS OF SECTION 51(1)(d):
Records are available in terms of the following legislation (as applicable):
• Basic Conditions of Employment Act 75 of 1997
• Broad-based Black Economic Empowerment Act 53 of 2003
• Companies Act 71 of 2008
• Consumer Protection Act 68 of 2008
• Close Corporations Act 69 of 1984
• Electronic Communications Act 36 of 2005
• Electronic Communications and Transactions Act, 25 of 2002
• Employment Equity Act 55 of 1998
• Employment Tax Incentive Act 26 of 2013
• Estate Agents Affairs Act of 112 of 1976
• Financial Advisory and Intermediary Services Act 37 of 2002
• Financial Intelligence Centre Act 38 of 2001
• Income Tax Act 58 of 1962
• Insolvency Act 24 of 1936
• Labour Relations Act 66 of 1995
• National Credit Act 34 of 2005
• Nonprofit Organisations Act 71 of 1997
• Occupational Health and Safety Act 85 of 1993
• Prevention of Organised Crime Act 121 of 1998
• Prevention and Combatting of Corrupt Activities Act 12 of 2004
• Promotion of Access to Information Act 2 of 2000
• Property Practitioners Act, 22 of 2019
• Property Valuation Act 17 of 2014
• Protection of Personal Information Act 4 of 2013
• Securities Transfer Act 25 of 2007
• Skills Development Levies Act 9 of 1999
• Skills Development Act 97 of 1998
• Stamp Duties Act 77 of 1968
• Tax Administration Act 28 of 2011
• Transfer Duty Act 40 of 1949
• Unemployment Contributions Act 4 of 2002
• Unemployment Insurance Act 63 of 2001
• Value Added Tax Act 89 of 1991
PART V: INFORMATION REQUIRED IN TERMS OF SECTION 51(1)(e) (subject to Part VI and Appendix 1 to this manual):
RE/MAX Dazzle keeps, inter alia, the following records in terms of various regulatory requirements having an impact on its operations:
Companies’ Act Records:
1. Memorandum of Incorporation
2. Minutes of meeting of the Board of Directors
3. Minutes of meeting of the Shareholders
4. Records relating to the appointment of:-
4.1 Directors
4.2 Auditors
4.3 Secretary
4.4 Public Officer
4.5 Any other Officer
5. Share Register and other statutory registers and/or records and/or documents
Income Tax Act Records:
1. Pay-as-you-earn (PAYE) records;
2. Documents issued to employees for income tax purposes;
3. Records of payments made to South African Revenue Services on behalf of Employees.
4. All or any statutory compliances:
5. Value Added Tax;
6. Regional Services Levies;
7. Skills Development Levies;
8. Unemployment Insurance Fund;
9. Workman’s Compensation;
10. Customs and Excise.
Labour Relations Records:
1. Personnel Documents and Records:
2. Employment Contracts;
3. Employment Equity Plan (If applicable);
4. Medical Aid Records;
5. Pension Fund Records;
6. Disciplinary Records;
7. Salary Records;
8. Disciplinary Code and /or procedures;
9. Leave Records;
10. Training Records;
11. Training Manuals;
12. Address Lists;
13. Internal Telephone Lists.
Third Party Records:
1. Records held by RE/MAX Dazzle pertaining to third parties, including, but not limited to financial records, correspondence, contractual records, records provided by the other party, and records third parties have provided about any contractors and / or suppliers;
2. Records held by RE/MAX Dazzle pertaining to contractors, subsidiary companies, joint venture companies, special purpose vehicle companies and service provides.
[In cases where information requested by the requester may impact on a third party, the
Information Officer is obliged to comply with the requirements as set out in terms of the Act
(especially Sections 71 to 73 of the Act)
PART VI: PROCEDURE FOR REQUEST FOR ACCESS (SECTIONS 53 TO 57 AND 60 OF THE ACT):
1. The requester must comply with all the procedural requirements as set out in the Act, relating to the request for access to a record.
2. The requester must complete the prescribed form enclosed herewith as Appendix 1 (Form C), and submit same together with payment of the request fee (if applicable) and a deposit (if applicable) to the Information Officer at the postal or physical address, or electronic mail address under PART I above.
3. The prescribed form must be completed with sufficient detail so as to enable the Information
Officer to identify:
• The records requested;
• The identity of the requester;
• Which form of access to the records is required, should the request be granted;
• The postal address or email address of the requester.
4. The requester must explain what other right is being protected or exercised.
5. The requester must indicate if the requester, in addition to being informed in writing whether access to the record has been granted, wishes to be informed of the decision of the request in any other manner.
6. If the request is made on behalf of another person, then the requester must submit proof of the capacity in terms of which the requester is making the request, to the reasonable satisfaction of the Information Officer.
7. Should an individual be unable to complete the prescribed form because of illiteracy, disability or any other reason, such individual may submit such request orally to the Information Officer.
8. The requester must pay the prescribed fee (if applicable) before any further processing can take place.
APPLICABLE TIME-PERIODS:
1. RE/MAX Dazzle will inform the requester within 30 days after receipt of the request of its decision whether or not to grant the request.
2. The 30-day period may be extended by a further period of not more than 30 days if the request is for a large number of records or requires a search through a large number of records and
compliance with the original period would unreasonably interfere with the activities of RE/MAX Dazzle or the records are not located at RE/MAX Dazzle, or consultations amongst divisions and/or subsidiaries of RE/MAX Dazzle or another private body are required.
THE OUTCOME OF A REQUEST (GRANTING OR REFUSING):
1. Should the request be granted, the notice will state the access fee (if any) to be paid upon access, the form in which access will be given and further that the requester may lodge an application with a Court against the access fee to be paid or the form of access granted, and the procedure for lodging such application.
2. Should the request be refused, the notice will state adequate reasons for the refusal, including the provisions of the Act relied upon; and that the requester may lodge an application with a Court against the refusal of the request, and the procedure (including the time period) for lodging the application.
GROUNDS FOR REFUSAL OF ACCESS TO RECORDS (CHAPTER 4 OF THE ACT):
Apart from Section 7 of the Act, and subject to Section 70 of the Act, the main grounds for RE/MAX Dazzle to refuse a request for information as contemplated by the Act relates to:
1. Protection of the privacy of a third party, if that third party is a natural person, which would involve the unreasonable disclosure of personal information of that natural person (Section 63(1));
2. Protection of commercial information of a third party as defined by the Act, if the record contains:
• trade secrets of that third party;
• financial, commercial, scientific or technical information other than trade secrets of a third party, the disclosure of which would be likely to cause harm to the commercial or financial interests of that third party;
• information disclosed in confidence to Real Estate Business Owners of South Africa by third party, the disclosure of which could put that third party at a disadvantage in contractual or other negotiations or would prejudice that third party in commercial competition (Section 64).
3. Protection of confidential information if the disclosure would constitute a breach of a duty or confidence to a third party in terms of an agreement (Section 65);
4. Protection of safety of individuals and protection of property (Section 66);
5. Protection of records which would be regarded as privileged in any legal proceedings, unless the person so entitled to privilege waives the privilege (Section 67);
6. Protection of commercial activities of Leapfrog Property Group, which includes:
• trade secrets of RE/MAX Dazzle;
• financial, commercial, scientific or technical information, disclosure of which could cause harm to the financial or commercial interests of RE/MAX Dazzle;
• information which, if disclosed, could put RE/MAX Dazzle at a disadvantage in negotiations or commercial competition;
• a computer programme owned by RE/MAX Dazzle, and which is protected by copyright. (Section 68)
7. The research information of RE/MAX Dazzle or a third party on behalf of RE/MAX Dazzle if the disclosure would expose the third party, RE/MAX Dazzle, the researcher or the subject matter of the research to serious disadvantage (Section 69).
REMEDIES AVAILABLE IN REFUSAL OF A REQUEST FOR INFORMATION (PART 4 OF THE ACT):
1. RE/MAX Dazzle does not have internal appeal procedures and as such, the decision made by the Information Officer is final.
2. Should the requester be dissatisfied with the Information Officer’s decision to refuse access, that person may within 30 days after notification of the refusal apply to a Court for the appropriate relief. internal appeal procedures and as such, the decision made by the Information Officer is final.
3. Should a third party be dissatisfied with the Information Officer’s decision to grant a request for information relating to that third party, it (the third party) may within 30 days of notification of such decision, apply to a Court for the appropriate relief.
FEES:
The prescribed fee for requests to private bodies is available on the website of the SAHRC under the link “access to information/PAIA”.
APPENDIX 1
Form C - Request for Access to Record of Private Body
PAIA Request for Access to Records