1. About This POPIA Policy

Fabulous Homes Property Group (Pty) Ltd respects the privacy of clients, prospective clients, sellers, buyers, landlords, tenants, property owners, website visitors, suppliers, applicants, representatives and other people who interact with the business.

This policy explains how personal information may be collected, used, shared, retained and protected in connection with Fabulous Homes' residential property and business activities.

It should be read together with the Fabulous Homes Privacy Policy and any transaction-specific privacy or legal information provided where appropriate.

2. Our Privacy Principles

Fabulous Homes aims to apply the conditions for lawful processing required under applicable South African privacy law.

• Accept accountability for personal information processed by or on behalf of the business.
• Process personal information lawfully and reasonably.
• Limit collection to information that is relevant and appropriate to the purpose.
• Collect information for specific and legitimate purposes.
• Avoid incompatible further use of personal information unless a lawful basis exists.
• Take reasonable steps to maintain appropriate information quality.
• Be transparent about material processing activities.
• Apply reasonable security safeguards.
• Respect applicable data-subject participation rights.

3. Personal Information We May Process

The information processed will depend on the nature of the relationship or property matter.

4. Where Personal Information May Come From

Fabulous Homes may obtain personal information directly from the person concerned or, where appropriate and lawful, from another legitimate source.

• Information you provide through a website form, phone call, email, message or meeting.
• Information supplied when requesting a property valuation, sale, rental, management service or another property service.
• Information provided by an authorised representative acting for you.
• Information supplied by a seller, landlord, buyer, tenant or another party to a property matter where relevant and lawful.
• Publicly available property, company, regulatory or professional information where the use of that information is lawful and appropriate.
• Professional or service providers involved in a matter, where information may lawfully be exchanged.

5. Why We Process Personal Information

Personal information may be processed for purposes reasonably connected to the business relationship or property service.

• Responding to property enquiries.
• Arranging property viewings, consultations and valuations.
• Assisting sellers and property owners.
• Assisting buyers and prospective buyers.
• Assisting landlords and rental-property owners.
• Processing rental enquiries and applications.
• Providing property-management services.
• Communicating regarding mandates, offers, leases and other property documents.
• Conducting relevant FICA and compliance processes.
• Maintaining client, property, operational and communication records.
• Managing complaints, disputes or legal matters.
• Protecting the security and integrity of business information and communications.
• Meeting legal, regulatory, contractual, accounting or administrative obligations.
• Sending marketing communications where legally permitted.

6. Lawful Processing & Consent

Fabulous Homes will not assume that every processing activity depends on consent.

Depending on the circumstances, personal information may be processed where one or more appropriate legal grounds apply, including where:

• the data subject has provided valid consent;
• processing is necessary to carry out actions for the conclusion or performance of a contract to which the person is a party;
• processing is required to comply with a legal obligation;
• processing protects a legitimate interest of the data subject; or
• processing is necessary for the legitimate interests of Fabulous Homes or a third party and is permitted by applicable law.

Where processing specifically depends on consent, that consent may be withdrawn subject to applicable legal, contractual or retention requirements.

7. Property Transactions, FICA & Compliance

Property matters may require personal information beyond ordinary contact information.

Depending on the transaction and applicable requirements, identity, authority, beneficial ownership, address, payment or transaction information may need to be processed.

Information collected for FICA or another statutory purpose may be retained and used where necessary to comply with the relevant legal and regulatory obligations.

8. Sharing Personal Information

Fabulous Homes does not sell personal information.

Information may nevertheless be disclosed where this is reasonably necessary, lawful and appropriate to the property service, transaction or business purpose.

Depending on the matter, recipients may include:

• authorised Fabulous Homes team members;
• sellers, buyers, landlords or tenants where relevant to the transaction;
• conveyancers and other legal professionals;
• managing agents, body corporates or homeowners associations where relevant;
• property inspectors or other property professionals where instructed or required;
• technology, hosting, communication or administrative service providers;
• financial or insurance providers where an introduction is specifically requested and appropriate;
• regulatory, law-enforcement or government authorities where disclosure is lawfully required; or
• other parties authorised by the person or permitted by applicable law.

9. Operators & Service Providers

Fabulous Homes may use external service providers to support functions such as website hosting, electronic communications, document handling, administration, property marketing, security, data storage or other business operations.

Where a service provider processes personal information for Fabulous Homes as an operator, appropriate contractual, confidentiality and security arrangements should be applied as required by applicable law.

Service providers should only process the information for the authorised purpose and subject to applicable instructions and legal obligations.

10. Direct Marketing & Communication Preferences

Property marketing communications must be handled separately from ordinary communications required to respond to an enquiry, manage an existing relationship or perform a property service.

Fabulous Homes will aim to send electronic direct marketing only where permitted by applicable South African law.

• Where consent is legally required, marketing should not be sent without the necessary consent.
• Existing customer relationships may be subject to the specific direct-marketing provisions permitted by law.
• Marketing communications should identify the sender appropriately.
• Recipients should be provided with a reasonable way to object to or stop future electronic marketing communications.
• An objection or opt-out should be recorded and respected subject to communications that may still be legally or operationally necessary for an existing matter.

11. Information Security

Fabulous Homes aims to apply reasonable technical and organisational safeguards appropriate to the nature of the information and identified risks.

Safeguards may include measures relating to:

• access control;
• account and password security;
• responsible electronic communication;
• staff and representative access;
• confidentiality;
• storage and backup practices;
• service-provider controls;
• protection against unauthorised access, alteration, loss or disclosure; and
• security review and incident response where appropriate.

No electronic or internet-based system can be guaranteed to be completely secure, but reasonable safeguards should be maintained and reviewed.

12. Security Compromises

If Fabulous Homes has reasonable grounds to believe that personal information has been accessed or acquired by an unauthorised person, the matter should be assessed and managed in accordance with applicable legal requirements.

Where notification is legally required, the appropriate regulatory and data-subject notification process will be followed, subject to any lawful restrictions or directions that apply.

Anyone who believes that Fabulous Homes information or communication has been compromised should contact the business promptly.

13. Retention & Destruction

Personal information should not be retained indefinitely without an appropriate reason.

Retention periods may depend on the purpose for which information was collected and on legal, FICA, regulatory, contractual, accounting, dispute, record-keeping or legitimate business requirements.

When personal information is no longer required and there is no lawful basis to retain it, appropriate deletion, destruction, de-identification or other secure disposal measures should be applied.

14. Processing Outside South Africa

Some technology, storage, communications or other service arrangements may involve personal information being processed or stored outside South Africa.

Where personal information is transferred across South African borders, Fabulous Homes should consider and apply the protections required by applicable data-protection law.

This may include an appropriate legal basis, contractual protection or another mechanism recognised under applicable law.

15. Special Personal Information

Certain categories of personal information receive additional protection under POPIA.

Fabulous Homes does not seek to collect special personal information unnecessarily.

Where special personal information is relevant to a legitimate property, employment, legal, compliance or other business purpose, it should be processed only where an appropriate legal basis or statutory permission exists.

16. Personal Information Of Children

Fabulous Homes' primary property services are generally directed to adults and legally authorised representatives.

Personal information relating to a child should only be processed where this is genuinely necessary and where the processing is permitted by applicable law.

Where appropriate, the involvement or authorisation of a competent person may be required.

17. Your Privacy Rights

Subject to POPIA and other applicable law, a data subject may have rights relating to personal information processed by Fabulous Homes.

18. Access, Correction, Deletion & Objection Requests

Privacy requests may be directed to Fabulous Homes using the contact details below.

Depending on the request, Fabulous Homes may need to confirm the identity and authority of the person making the request before releasing, changing or deleting personal information.

A request does not automatically require information to be deleted if Fabulous Homes has a legal obligation or other lawful reason to retain the information.

Prescribed POPIA or PAIA procedures and forms may apply to certain requests.

19. Privacy Complaints

A person who is concerned about the way Fabulous Homes has processed personal information is encouraged to contact Fabulous Homes first so that the matter can be investigated.

Data subjects may also have the right to lodge a complaint with South Africa's Information Regulator in accordance with applicable law and regulatory procedures.

20. Changes To This Policy

Fabulous Homes may update this POPIA Policy when privacy requirements, laws, services, systems or business practices change.

The version published on this website is the current public version from the stated effective date.

21. Privacy & POPIA Contact

For a privacy enquiry, correction request, objection, information-security concern or other POPIA-related matter, contact Fabulous Homes.

Common POPIA Questions