29. POPI – Privacy of Personal Information Act

POPI was enacted on 26th November 2013, and certain sections came into effect in April 2014. It is proposed to be fully implemented in 2018. Our constitution makes specific reference to the rights to privacy and includes everyone’s personal right to that privacy.

POPI is meant to promote transparency in terms of how personal information is collected, processed, and archived.

The Act also calls for a penalty or fine and/ or imprisonment of up to 10 years in some cases.

  1. Duties placed on Estate Agents/Agencies: 
  • Must have permission to collect information from the client.
  • All information must be stored in such a way that only ‘authorised persons’ have access to the information. Electronic record-keeping and storage will become crucial.
  • Adaptation of email protocols and monitoring to protect clients’ information in transit.
  • Permission to send marketing material. Must have an “opt-out’ option.
  1. Duties placed on Business Owners:
  • Information may only be accessible to authorised personnel.
  • Such information may not be shared or revealed to other staff members.
  • Such information may only be accessible to authorised personnel.

The HUB CRM has been introduced into the Company to bring the Company into the various compliances required by the POPI Act. Some, but not all, of these, include:

  1. Email monitoring and computer system storage
  • All email correspondence must be sent and received through the Company’s system, which contains the information and disclaimers that the Company requires on all emails and faxes. These would include all @goldenhomes.co.za email addresses created within the organisation.
  • SA Golden Homes and its subsidiaries shall not be held liable in the event that a user stores or uses confidential information such as passwords, credit card or banking details, etc., through its email and computer systems, should the user suffer loss for any reason whatsoever.
  • SA Golden Homes reserves the right to block any site it deems to be inappropriate.
  • The use of all resources of SA Golden Homes and the resources of its subsidiaries is restricted to work-related issues and no such resource may be used in the commission of any unlawful activity whatsoever, whether of a civil or criminal nature or in any way calculated to overburden any such resources.
  1. Information storage and resources
  • All users are encouraged to save work regularly. Users are prohibited from storing personal information on the network and/or any IT devices belonging to SAGH.
  • Users may not remove or copy any resources owned or licensed by SA Golden Homes.
  • All mandates, Offers to Purchase, Fica documents, lease agreements and any other document used in the real estate course of business are to be uploaded and stored on the HUB system where their storage is secured and protected. Information will only be accessible by authorised personnel with password access.
  1. Monitoring
  • Please note that every database contained on or connected with the HUB, IT systems, internet, and email, (including the information stored on any PC or laptop used by a user to perform their duties for the company) is the property of SA Golden Homes. SA Golden Homes has the express right to monitor the use of all IT and telephone and other communication systems and related resources, and a user may not, for any reason whatsoever or in any other manner whatsoever, refuse access.
  • SA Golden Homes reserves the right to test and monitor security and to review any files or information resident on any systems allegedly related to unacceptable use.
  • SA Golden Homes shall have the right (including in the user’s absence), to access any user’s files, folders, and/or messages at its sole and absolute discretion.
  • SA Golden Homes’ business is highly confidential in nature and every user is expected to maintain the strictest confidentiality regarding all systems and information connected with its operation.

Annexure 26 – POPI Act

Annexure 17 – POPI Manual External Guide.

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