POPI DISCLAIMER / PAIA MANUAL
Oosthuysen Attorneys consist mainly out of 2 division.
Our Conveyancing and Legal Department is mostly known as Oosthuysen Att Inc.
Our Property Professional Department (Estate Agents) is monthly known as OPROPSA.
This POPIA Disclaimer / PAIA Manual also serves as the disclaimer / manual for all the Executive Schemes that we manage. We deal with personal information with regards to Executive Schemes in the manner set out below. Please also scroll down to the bottom of this disclaimer / manual for more detailed information with regards to Body Corporates.
We are an Attorney firm specializing in Property Related Transaction. Our main business consists of:
- Managing of Executive Schemes which include Body Corporates - and Home Owners Associations
- Sale and Rental of Property.
- Magistrate Court Litigation.
- High Court Litigation.
- Trustee Services.
- Internal Adjudication Services
- Appearances at CSOS on behalf of Body Corporate that we manage.
- Appearance at the rental tribunal.
We are a Responsible Party in terms of the Protection of Personal Information Act, 4 of 2013 (POPIA) with respect to your personal information and as such we want to take certain steps to make sure that you are fully aware of:
- Who we are.
- The types of personal information we process.
- How we process it.
- Who we may need to share it with.
- As well as what your rights are in relation to our processing of your personal information in terms of POPIA.
As will become clear to you in this notice/manual, we process all personal information to enable us to do business with you and to provide products and services to you as requested. In this notice/manual, “you” means you as an individual with whom we are dealing and whose personal information we may need to collect and process in order to provide the requested services and for any of the purposes described below and above
You are also a responsible party when we send any information to you and any such information is send to you subject the POPIA and the prescriptions of POPIA. We will only send you information that we are entitled and have permission to send and of such you are obliged to use the information only for the purpose of which it is sent to you. You are not allowed to share the information outside the purpose of receiving the information without the explicit permission to share the information.
What Personal information do we need and how do we Process it?
Please note that in accordance with Section 18 of POPIA you are hereby expressly informed of the fact that when you engage with us, or we engage with you, you may need to provide us with the following Personal Information, including but not limited to:
- Your first and last name. (Your entity name).
- Your identity number or Passport number or registration number.
- Phone/mobile number.
- Your banking details.
- Home or other physical address.
- Property information in general.
- Email address or other contact details.
- All and any information as is set out below under the heading Body Corporate /HOA.
You should know that we collect and record all internet communications (including IP addresses), all correspondence we have with you irrespective of the medium of communication, details of your dealings with us and any visits to our website(s), mobile application(s) and customer portal(s). In addition, we collect and generate information in relation to your profile as a client of ours, whether you are a Buyer, Seller, Landlord, Tenant, Homeowners Association, Body Corporate or Community Scheme in general.
Unless we are specifically required to do so, in which case we will inform you and obtain your consent, we do not collect any special personal information as defined in section 26 of POPIA, including your religious or philosophical beliefs, race or ethnic origin, trade union membership, political persuasion health or sexual orientation or biometric information.
What do we do with your personal information and why do we collect it?
We take the privacy of our data subjects (clients, employees, suppliers etc.) very seriously and we only collect and process personal information for specific purposes which are connected to our legitimate business purposes, which we generally need in order to comply with our obligations towards you and also to comply with obligations which are imposed upon us in terms of applicable laws regulating us as a attorneys, managing agent, rental agent, utility and or any other services offered as a holistic property services company.
The personal information you provide to Oosthuysen Att Inc t/a OPROPSA Attorneys in your dealings with us, is primarily processed for the purposes of enabling us to comply with our contractual and lawful obligations as attorneys, managing agent and/or letting agent and/or property practitioner and/or any other services we provide as a holistic property services company.
However, we do want to highlight a few specific instances which are also connected to our legitimate business purposes:
- To provide or manage any information, products and/or services requested by you pursuant to your dealings with us.
- To evaluate whether or not to offer, extend or modify any offering or services requested by, or provided to, you.
- Using, processing, sharing/transferring or engaging in analytics of your personal information for legitimate business purposes and for the purposes of new business or product development.
- To establish your needs, requirements, and preferences in relation to the services provided by us from time to time.
- To allocate unique identifiers to you for the purpose of processing your personal information, securely storing, retaining, and recalling your personal information from time to time, regardless of this notice/manual whether you conclude an agreement with us or not.
- For general administration purposes pertaining to our administration of various executive community schemes.
- To improve the quality of our products and services.
- To analyse your personal information collected for research and statistical purposes.
- To transfer your personal information across the borders of South Africa to other jurisdictions should it be required in the legitimate pursuit of our business requirements (eg. Cloud storage).
- To investigate and attempt to resolve any queries, complaints or requests you may have from time to time.
- To verify that the personal information provided is true and accurate.
- To, unless you expressly “opt-out”, process your personal information as defined above for the purposes of marketing and advertising to you of products and services provided by us.
- To, for the purposes of enhancing the scope of products and services we can offer to you or the method of delivery of same, share or transfer all or any part of your personal information to a third party who is a potential business partner or actual provider/supplier of outsourced services to us.
- To, at any time procure or share information relating to your creditworthiness and risk profile from or with any registered credit bureau or credit provider’s industry association or industry body, which includes information pertaining to your credit history, financial history, judgements, default history and sharing information for purposes of risk analysis, tracing and related purposes. In supplementation of the above purposes, we are legally required to collect and process certain personal information for very specific purposes, such as to comply with our and or any other legislation applicable to our industry.
Who do we share your personal information with?
- For us to maintain the high standards of product and service delivery you have come to appreciate, we are required to share your personal information with some of our suppliers, service providers and business partners.
- We use service providers and suppliers who we trust, who we have agreements with. We will ensure that in terms of those agreements they will only use it for purposes which we have agreed to and if we are comfortable that they are securing your personal information.
- Search Works.
- Arrear collections on behalf of a Community Schemes and or Residential or Commercial Landlord and or Oosthuysen Att Inc.
Where do we store your personal information and how long do we store it for?
- First, you should know that we only store your personal information for as long as we need to fulfil a purpose for why we initially collected it, which may include either complying with our obligations towards you as a customer, or to comply with applicable laws that require us to do so.
- All your personal information is stored securely by us through the use of cloud-based storage facilities and onsite servers with proper security measures in place.
- In storing your personal information, we may transmit or transfer personal information outside South Africa to a foreign country, as such, personal information may be stored on servers located outside of South Africa in foreign countries that have different data protection laws in place.
- We are comfortable that these foreign countries protect Personal Information to an extent that compares to the way in which we do, which is acceptable to us.
What are your rights?
It is important that you know that you have certain rights in terms of POPIA and we want you to know exactly what they are and how they relate to us. As a data subject you have the following rights:
- You have the right to always be informed – we will always do our best to make sure that you know what personal information is being collected, how it is being collected, how it is being used, how long it will be kept and whether it will be shared with third parties. We do not have any agenda, and we will always be transparent about the way in which we process your personal information. You are also always welcome to ask us and we will tell you.
- You have the right to access your personal information - You can ask us at any time what personal information of yours we hold, and we will afford you access to it in the most effective way possible.
- You have the rights to access to records provided that the access is required to exercise or protect any of your rights and you apply for access according to the procedures set out in this manual and further that we do not have grounds to refuse your access. All requested information will be assessed on their own merits and in accordance with the applicable legal principles and legislation.
- If information requested cannot be found or does not exist, you will be notified that it is not possible to give access to the information. If the information we find the information later, we will give access to the information subject to relevant legislation.
- You have the right to correct your personal information - You can ask us to update your personal information or even delete any information which is no longer accurate because we want to make sure your information is accurate and complete, but we do need your help. We are obliged by legislation to keep record of certain information for certain times as is prescribed in relevant legislation.
- You have the right to object to our processing of your personal information – we do not want to process your information if you do not want us to, but just bear in mind it may influence our ability to fulfil our obligations towards you.
- You have the right to lodge a complaint – If you feel that we are not processing your personal information lawfully, we encourage you, and would always appreciate it if you speak to us first before you submit a complaint.
- However, you are more than welcome to lodge a complaint with the Information Regulator if you feel that we are not complying with POPIA. The contact details of the information regulator are:
The Information Regulator (South Africa)
JD House 27 Stiemens Street
PO Box 31533
With that said, we have (and continue to) implement reasonable security measures and protocols to protect the personal information we hold. These measures are to protect any personal information we hold from being disclosed without authorisation, from loss, damage, destruction or unauthorised access. As you will appreciate nothing is 100% secure in this day and age and therefore, we ask that if you suspect that either you, or we, have had an information security breach, please notify us immediately so that we can take action. You can do so by contacting our Information Officer whose information is set out below.
CONTACT DETAILS OF THE INFORMATIONAL OFFICER:
- Riaan Oosthuysen (Director of Oosthuysen Att Inc)
- Tel 012 004 1524
- Email: email@example.com
Any queries or questions you may have regarding this notice / manual can be directed to the above information.
If you are an owner in a body corporate or home owners association that we manage and you need any information, kindly contact your allocated portfolio manager who will gladly assist you. Al our portfolio managers are trained with regard to POPIA compliance and also adhere to this notice / manual.
Who to contact?
- In terms of general queries with regards to POPIA, please contact the above-mentioned Information Officer.
- Any queries or even questions you may have regarding this privacy notice and our compliance efforts can be directed to firstname.lastname@example.org.
- If you are an owner in a body corporate or home owners association please contact your dedicated portfolio manager.
BODY CORPORATES / HOA
All body corporates are legal entities established in terms of the Sectional titles Act as amended by the Sectional Titles Schemes Management Act. The trustees act in a position of trust and manage the affairs of the Body Corporate.
Home Owners Associations are legal entities established in terms of the Companies Act. The directors act in a position of trust and manage the affairs of the HOA.
Contact details of the Information Officer
The trustees / directors appointed Oosthuysen Att Inc as managing agent of the Body Corporate / HOA in terms of the relevant legislation and further subject to the Management Agreement between the Body Corporate / HOA and Oosthuysen Att Inc.
The responsibility for the administration of and compliance with the act, has been delegated to the above-mentioned director of Oosthuysen Att Inc who serves as the Executive Scheme’s Information Officer.
The acceptance by the above-mentioned information officer as delegated is subject to the continued appointment of Oosthuysen Att Inc as the managing agent of the particular body corporate / HOA and should such appointment be terminated, the appointment and acceptance of the above-mentioned Information Officer role will terminate on the last day on which Oosthuysen Att Inc manages the applicable Body Corporate/HOA. On termination of the management agreement between the body corporate and Oosthuysen Att Inc the this manual will not be applicable to the specific executive scheme in which event the scheme must draw up a new notice/manual.
If the body corporates/ HOA who we manage elected to appoint one of the trustees/directors as the compliance officer, the following will be applicable. The information the compliance officer is displayed on the website page provided by Oosthuysen Att Inc which is only accessible by owners. If you are not sure who Information Officer is, please contact the relevant portfolio manager of your body corporate / HOA.
Information that owners owning units in Body Corporates are entitled to receive without written permission from the other owners.
It is important that when an owner is in possession of the information acquired in terms of the Management Rules the owner will be a responsible person and any such information is subject to POPIA. The information so obtained may only be used for the purpose as is contemplated in the Sectional Titles Schemes Management act and the Sectional Titles Schemes management regulations. An owner may only use the information for any other purpose with the explicit permission of the relevant parties involved.
Please further note that all the information contained in this notice/manual are applicable on executive schemes.
Management Rule 26(2)
- Any owner, registered bondholder or the managing agent may apply that the body corporate make all or any of the books of accounts and records available for inspection and copying which information will include the following:
- Records of all income, expenditure, assets, and liabilities.
- Information with regards to all amounts recovered from members by the body corporate or any managing agent or other service provider acting on the body corporates behalf.
- Individual accounts for each member of the body corporate.
- Any and all information necessary to allow members to assess the body corporates financial situation and the members financial situation with regards to the body corporate.
- Books and accounts of the administrative fund.
- Books and accounts of the reserve fund.
- Annual Financial statements.
- Maintenance Repair and Replacement Plan.
- Budgets for the Administration funds.
- Budget for the Reserve funds.
- Report by the trustees presented at the Annual General Meeting.
Management Rule 27(4)
- An owner, registered bondholder or any person authorized in writing by an owner or a registered bondholder will be entitled to receive the information as is set out in Management Rule 27 by submitting a written request to the body corporate. This information will include the following:
- The notification that was lodged after the scheme’s rules were amended.
- Management and Conduct rules.
- Minutes of Annual General Meetings.
- Minutes of Special General Meetings.
- List of trustees, members and tenants.
- Sectional Title Plans.
- Exclusive use Areas.
- List of Registered Bond Holders.
- Details of future development rights.
- Any other record required by the regulations.
- Act and Regulations.
- Resolutions that deal with changes to the common property including conferring of exclusive use rights on a member.
- Consent and approvals given by the body corporate to members.
- Waiver and consents given by members.
- Written contract to which the body corporate is a party.
- Any decision of and adjudicator, arbitrator, magistrate or judge in proceedings in which the body corporate is a party.
- Any legal opinions obtained by the body corporate.
- The budget and financial statements for the current year and previous years.
- Income tax returns.
- Correspondence sent or received by the body corporate and trustees.
- The body corporate must comply with a request for inspection within 10 days.
- If the request is for the rules of the body corporate, then the body corporate must comply within 5 days.
- The body corporate may charge a fee for a copy of record provided that the fee is not more than the reasonable cost associated with the process of making the copies.
FURTHER APPLICABLE LEGISLATION DEALING WITH ACCESS TO INFORMATION
When dealing with information, collecting it, and attending to request for information we may and are obliged to process the information subject to the following legislation. Any request for access must be done in accordance and subject to the prescriptions of the relevant act.
- Basic Conditions of Employment act.
- Companies Act.
- Community Schemes Ombud Service Act.
- Compensation for Occupational Injuries Act.
- Debt Collectors Act.
- Electronic Communications and Transactions Act.
- Employment Equity Act.
- Estate Agency Affairs Act (Property Practitioners Act).
- Financial Intelligence Centre Act.
- Income Tax Act.
- Insurance Act.
- Labour relations Act.
- Legal Practice Act.
- Magistrate Courts Act.
- Occupational Health and Safety Act.
- Promotion to Access to Information Act.
- Protection of Personal Information Act.
- Sectional Titles Act.
- Sectional Titles Schemes Management Act.
- Skills Development Act.
- Skills Development Levy Act.
- Superior Courts Act.
- Unemployment Insurance Act.
- Value added Tax Act.
The notice / manual was revised on 10 July 2021