1.1 Claremart Auction Group (Pty) Ltd. (“CLAREMART”) started as a small business more than 40 years ago and has grown into a multi-faceted company offering complete property advisory and disposal solutions. The company provides a range of platforms for property sales, including digital auctions, live auctions and brokered deals, to name a few.
1.2 CLAREMART is more than an auction house, it is a respected and established South African company / brand, the value of which is not easy to quantify. However, it undoubtedly means a great deal to the many thousands of people who have chosen to do business with the company over the years.
1.3 CLAREMART has the kind of influence that helps us to achieve results. Guided by an ethos that prioritises market knowledge, innovation and service excellence, the company continues to lead the industry with bespoke property solutions across the residential, commercial and industrial spectrums.
1.4 As part of managing the business and creating value for its various stakeholders, CLAREMART is required, in certain instances, to process personal information. Accordingly, CLAREMART is required to protect the personal information as set out in the Protection of Personal Information Act 4 of 2013, including its Regulations (POPI Act).
1.5 This notice constitutes CLAREMART’s policy statement to declare its commitment to comply with the POPI Act and CLAREMART shall ensure that personal information is processed within the parameters of the law.
1.6 This notice must be read in conjunction with the POPI Act and its Regulations, where applicable.
2.1. The objective of this notice is to give effect to the POPI Act and to provide clarity on the following:
2.1.1. What personal information CLAREMART collects about a data subject and the basis thereof;
2.1.2. How CLAREMART uses and protects the personal information of a data subject;
2.1.3. How long CLAREMART keeps the personal information of a data subject;
2.1.4. The rights of a data subject regarding their personal information; and
2.1.5. What the data subject should do if they do not want to provide CLAREMART with their personal information.
3.1 Clause headings are for convenience and reference only and shall not be used in the interpretation thereof;
3.2 Any gender includes the other genders and a natural person includes a juristic person and vice versa;
3.3 All the annexures (if any) hereto are incorporated herein and shall have the same force and effect as if they were set out in the body of this notice;
3.4 The following words and/or expressions shall, unless the context indicates otherwise, bear the meaning assigned to them below and in the POPI Act;
3.4.1 “Cookie/s” (also called web cookie, Internet cookie, browser cookie, or simply cookie) is a small piece of data sent from a website and stored on the user's computer by the user's web browser while the user is browsing to inter alia remember current information (such as items added in the shopping cart in an online store) or to record the user's browsing activity;
3.4.2 “Data subject” means the person to whom Personal information relates;
3.4.3 “Employee” means a permanent, fixed-term or temporary employee of CLAREMART;
3.4.4 “Operator” means a third party that processes Personal information in terms of a mandate or contract with CLAREMART, without coming under the direct authority of CLAREMART;
3.4.5 “Information officer” means the person appointed by CLAREMART, from time to time, who is responsible for the monitoring of compliance, by CLAREMART, with the conditions for the lawful processing of Personal information; dealing with requests made to CLAREMART in terms of the POPI Act; working with the Regulator in relation to investigations conducted in relation to prior authorisation by the Data subject and ensuring compliance by CLAREMART with the provisions of the POPI Act;
3.4.6 “Person” means any person, company, close corporation, trust, partnership, NPO or other entity established in terms of law or statute;
3.4.7 “Personal information” means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to—
3.4.7.1 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;
3.4.7.2 information relating to the educational, medical, financial, criminal or employment history of the person;
3.4.7.3 any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person;
3.4.7.4 the biometric information of the person;
3.4.7.5 the personal opinions, views or preferences of the person;
3.4.7.6 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;
3.4.7.7 the views or opinions of another individual about the person; and
3.4.7.8 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;
3.4.8 “Privacy Notice or Notice” means this Notice as amended from time to time;
3.4.9 “Processing” means any operation or activity or any set of operations, whether or not by automatic means, concerning Personal information, including—
3.4.9.1 the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use;
3.4.9.2 dissemination by means of transmission, distribution or making available in any other form; or
3.4.9.3 merging, linking, as well as restriction, degradation, erasure or destruction of information.
4.1 Personal information CLAREMART collects about a data subject and the basis thereof, includes:
4.1.1 only information that is adequate, necessary, and relevant to enable it to effectively render a service or assist in any manner required, such as, inter alia, the Data subject’s name, identity number, registration number, contact information, property information, where applicable the Data subject’s financial information, etc;
4.1.2 electronic communications sent to CLAREMART;
4.1.3 information submitted to CLAREMART in response to a property advertisement;
4.1.4 technical information, for instance through the use of cookies, such as - activity data, such as when the Data subject completes a form on the CLAREMART website, subscribes to a newsletter, alerts or other services from CLAREMART or where the Data subject takes part in any of our online/on-site auctions;
4.1.5 information from the Data subject’s visits to the CLAREMART website, including the type of browser and operating system that the Data subject uses, access times, URLs clicked on, his IP address and the pages visited before and after navigating the CLAREMART website;
4.1.6 social media tracking pixels that allow platforms such as Facebook, Instagram and Twitter to interact with the CLAREMART website and give feedback on the Data subject’s actions;
4.1.7 device information, including the unique device identifier, hardware model, operating system and version and mobile network information;
4.1.8 Personal information that CLAREMART collects when it monitors other websites may include the Data subject’s public Personal information, for example when CLAREMART monitors digital conversations on public platforms to understand what people are saying about it or the auction/property in general. CLAREMART may combine information that it has about a Data subject from various sources; and
4.1.9 Personal information that CLAREMART collects when a Data subject signs a mandate or offer to purchase with CLAREMART;
4.1.10 The CLAREMART website uses various technologies including "cookies" which allow the website to recognise and respond to the Data subject as an individual. The Data subject can elect to accept or decline cookies. If a Data
subject elects to decline cookies, not all elements of the website may function as intended, so his website experience may be affected.
4.1.11 CLAREMART uses a variety of security measures and technologies to help protect Personal information of a Data subject from unauthorised access, use, disclosure, alteration or destruction in line with applicable Personal information
4.2 Protecting the Data subject’s Personal information:
4.2.1 CLAREMART uses a variety of security measures and technologies to help protect Personal information of a Data subject from unauthorised access, use, disclosure, alteration or destruction in line with applicable Personal information protection and privacy laws. For example, when CLAREMART shares the Personal information of a Data subject with external suppliers, it shall put in place a written agreement which commits the suppliers to keep the Data subject’s Personal information confidential, and to put in place appropriate security measures to keep it secure;
4.2.2 The transmission to CLAREMART of information via the internet or a mobile phone network connection may not be completely secure and any transmission is at the Data subject’s risk;
4.2.3 From time to time CLAREMART may provide links to websites or mobile applications that it does not own or control. This Notice does not apply to those websites. If a Data subject chooses to use those websites, he must check the legal and privacy policies or statements posted on each website or mobile application he accesses to understand their privacy practices;
4.2.4 Despite the security measures that CLAREMART has in place to protect Personal information of a Data subject (firewalls, password access and encryption methods), the Data subject acknowledges that it may be accessed by an unauthorised third party, e.g. as a result of an illegal activity.
4.3 CLAREMART may use the Personal information of a Data subject to provide the Data subject with information and services including:
4.3.1 auction events;
4.3.2 press releases;
4.3.3 job postings;
4.3.4 marketing communications about CLAREMART products and services. CLAREMART will obtain consent for marketing to the extent required by law.
4.3.5 Contact and interact with the Data subject, including to:
4.3.5.1 respond to requests from the Data subject (for instance in cases where the Data subject wishes to register for an online auction); and
4.3.5.2 provide important notices and updates, such as changes to our website terms, policies, security alerts and administrative messages.
4.3.6 Improve CLAREMART’S day-to-day operations, including:
4.3.6.1 for internal purposes such as auditing, data analysis and research to help CLAREMART deliver and improve its digital platforms, content and services;
4.3.6.2 to monitor and analyse trends, usage and activities in connection with CLAREMART products and services to understand which parts of CLAREMART digital platforms and services are of the most interest and to improve the design and content of those platforms;
4.3.6.3 to improve CLAREMART products and services and communications to the Data subject; and
4.3.6.4 to ensure that CLAREMART has up-to-date contact information for the Data subject, where applicable.
4.4 CLAREMART will always keep the Personal information of a Data subject for the period required by law and where it needs to do so in connection with legal action or an investigation in which it is involved. Otherwise, CLAREMART will keep Personal information of a Data subject:
4.4.1 for as long as needed in order to assist in the disposal of the Data subject’s property;
4.4.2 where the Data subject has contacted CLAREMART with a question or request, for as long as necessary to allow CLAREMART to respond to the question or request and as required by law.
4.5 Instances where sharing of Personal information of a Data subject by CLAREMART is permitted:
4.5.1 CLAREMART may share Personal information of a Data subject with the following third parties:
4.5.2 CLAREMART agents and suppliers, including those who provide it with technology services such as data analytics, hosting and technical support;
4.5.2.1 CLAREMART’s auditors and business partners;
4.5.2.2 regulators, governments and law enforcement authorities; and
4.5.3 Personal information of a Data subject may be processed by CLAREMART and CLAREMART’s business partners outside of the Data subject’s home country. Personal information laws in the countries to which the Personal information of a Data subject is transferred may not be equivalent to, or as protective as, the laws in the Data subject’s home country.
4.5.4 CLAREMART will implement appropriate and reasonable measures to ensure that the Personal information of a Data subject remains protected and secure when it is transferred outside of the Data subject’s home country, in accordance with applicable Personal information protection and privacy laws. These measures include data transfer agreements implementing standard data protection clauses.
4.6 The Data subject’s rights regarding his Personal information:
4.6.1 The Data subject is entitled to:
4.6.1.1 request CLAREMART for access to Personal information CLAREMART holds about them;
4.6.1.2 request the correction and/or deletion of their Personal information;
4.6.1.3 request the restriction of the processing of his Personal information, or object to that processing;
4.6.1.4 withdraw their consent to the processing of his Personal information (where CLAREMART is processing his Personal information based on their consent);
4.6.1.5 withdraw consent to receive marketing messages;
4.6.1.6 request for the receipt or the transfer to another organisation, in a machine-readable form, of the Personal information that he has provided to CLAREMART; and
4.6.1.7 complain to their local data protection authority if their privacy rights are violated, or if they have suffered as a result of unlawful processing of their Personal information.
4.7 What the Data subject should do if he/she does not want to provide CLAREMART with her/his Personal information:
4.7.1 Where a Data subject has given the option to share their Personal information with CLAREMART, they can always elect not to do so;
4.7.2 If a Data subject objects to the processing of his Personal information, or if he has provided his consent to processing and he later choose to withdraw it, CLAREMART will comply with the request in accordance with its legal obligations. CLAREMART’s legal obligations in respect of the withdrawn information shall therefore cease to exist.
5.1 By visiting CLAREMART’S website and communicating electronically with CLAREMART, the Data subject consents to the processing, including transfer of their Personal information as set out in this Notice.
5.2 CLAREMART is continually improving its methods of communication and adding new functionality and features to its website. Due to these ongoing changes, changes in the law and the changing nature of technology, CLAREMART’s data protection practices will change from time to time. If and when its protection practices change, CLAREMART will update this Notice to describe its new practices. The Data subject is encouraged to check it regularly.
For any questions or requests regarding this Notice or if a Data subject would like to exercise his rights including contacting the Information officer, please use the following contact information of the Information officer: info@claremart.com