Pam Golding Properties (Mauritius) Limited(‘PGM’) is committed to ensuring that your privacy is protected and we are committed to compliance with the Data Protection Act 2017 (“DPA”) and the General Data Protection Regulation (“GDPR”).
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1. Introduction
1. For purposes of this Statement:
1. "Applicable Laws" means all laws, regulations that any entity in the PGMis required to comply with;
2. "Client" or "you" means any party who has an existing mandate with PGM, any party who has transacted with the PGMin the past, any party who has indicated that they have a buying/renting/property-related need and any party to have given PGMtheir consent to collect, process or store their personal data.
3. "PGM" means Pam Golding Properties (Mauritius) Limited, a private company duly registered in the Republic of Mauritius;
4. "PGP Group" means individually or collectively as the context may indicate, PGP, Pam Golding Franchise Services (Pty) Ltd, and Pam Golding Properties Africa (Pty) Ltd and their subsidiary companies;
5. "PGP Franchisee” means an entity independent of the PGP group which conducts the business of an estate agency under licence and franchise of the PGP Group in terms of a franchise agreement; and
6. "Pam Golding"means any entity in the PGP Group and PGP Franchisees unless the context clearly indicates otherwise.
2. Everyone has rights with regard to how their personal datais handled. During the course of its activities, PGM will collect, store and process personal dataabout its staff, agents, clients, potential clients, suppliers and other third parties. PGMrecognises the need to treat this information in an appropriate and lawful manner.
3. In order for PGMto best service theirclients and potential clients,PGM has collected property related data since the business was incorporated. This information allows the business to better understand and serviceclients’ needs, to value their properties as well as defining the most effective way to market their property, in order to conclude a sale or rental of a property, or any other property related transaction.
4. The information referred to above includes personal dataas defined by the DPA. PGMrecognises the utmost importance of keeping all of this information secure, accurate and not sharing it with other parties without validconsent.
5. This Statement sets out how your personal datawill be used by PGM and applies to any information, including personal dataand special categories of personal datayou give to PGM or which PGMmay collect from third parties.
6. It is important that you read this Statement carefully before submitting anypersonal data to PGM.
7. By submitting any personal datato PGM, you provide consent to the processing of your personal data as set out in this Statement.
8. The provisions of this Statement are subject to mandatory, unalterable provisions of Applicable Laws.
9. If any provision of this Statement shall be held or made invalid by a court decision, statute or rule, or shall be otherwise rendered invalid, the remainder of this Statement shall not be affected thereby.
10. Please do not submit any personal datato PGMif you do not agree to any of the provisions of this Statement. If you do not consent to the provisions of this Statement, or parts of the Statement, PGM may not be in a position to provide its products and services to you.
2. How to contact us
If you have any comments or questions about this Statement, please direct your query to mauritius@pamgolding.mu.
3. Amendment of this Statement
1. We may amend this Statement from time to time for any of the following reasons:
1. to provide for the introduction of new systems, methods of operation, services, products, property offerings or facilities;
2. to comply with changes to any legal or regulatory requirement;
3. to ensure that our Statement is clearer and more favourable to you;
4. to rectify any mistake that may be discovered from time to time; and/or
5. for any other reason which PGMin its sole discretion, may deem reasonable or necessary.
2. Any such amendment will come into effect and become part of any agreement you have with PGM when notice is given to you of the change by publication on our website. Please check the website often as while we may notify you of such changes through other means we cannot always ensure that you receive notification of such changes.
4. Privacy and Exclusion of liability
1. PGM takes your privacy and the protection of your personal data very seriously, and we will only use your personal data in accordance with Applicable Laws. It is important that you take all necessary and appropriate steps to protect your personal datayourself (for example, by ensuring that all passwords and access details (such as user names) are kept secure).
2. Use of your personal data by PGM will notinclude providing your personal datato third parties unless you have consented to this or it is otherwise in your legitimate interests. PGM does not sell your personal dataand understands the importance of protecting same.
3. While we have and will continue to implement and maintain appropriate security safeguards in relation to our information systems and other operational measures to keep your personal datasecure, to the extent permissible by the Applicable Laws, we will not be liable for any loss, damages or injury that you may incur as a result of any unintentional disclosure of your personal datato unauthorised persons.
4. All information that you do provide to PGMmust be complete and accurate as we will not be responsible any loss, damages or injury that you may incur as result of the provision of incorrect or incomplete personal datato PGM.
5. Information which we may collect about you
1. In the ordinary course of doing business with PGM, we may collect the following information about you:1. your name, address, contact details, date of birth, place of birth, identity number, passport number, bank details, details about your employment, tax number and financial information;
2. records of correspondence or enquiries from you or anyone acting on your behalf;
3. details of transactions you carry out with us;
4. details of and required for contracts, (including, mandates, management and services agreements, sale agreements, leases or any other property related transaction) you carry out with us, through our agency or otherwise in the ordinary course of business;
5. sensitive or special categories ofpersonal data, including biometric information, such as images, fingerprints and voiceprints.
2. PGM will also, from time to time collect, particularly contact details and other personal data relating to property owners and other persons so that we can identify and/or contact (e.g. in order to present an opportunity) for instance to potential or existing buyers, sellers, landlords or tenants. These details are collected from public records or via intermediaries who source such information from public records and if contacted, we will thereafter only process your information as directed.
3. Where you provide us with the personal data of third parties please ensure that you are authorised to provide that personal datato us and that you take steps to inform the third party that you need to disclose their details to us, identifying us. We will process their personal datain accordance with this Statement.
6. How we collect information
1. You may provide personal datato us either directly such as when you email us or provide information or complete forms or applications through our online or electronic channels (which will include information provided through an agent acting on your behalf, or otherwise on your instruction or permission) or indirectly.
2. We may collect your personal dataindirectly in the following ways:
7. Use of information collected
1. We may use, transfer, store and disclose your personal datafor the purposes of:
1. providing you with the services, products or offerings you have requested, and notifying you about important changes to these services, products or offerings;
2. managing your account or relationship and complying with your instructions or requests;
3. detecting and preventing fraud and money laundering and/or in the interest of security and crime prevention;
4. assessing and dealing with complaints and requests;
5. operational, marketing, auditing, legal and record keeping requirements;
6. verifying your identity or the identify of your beneficial owner (in the case of a juristic person);
7. transferring or processing your personal dataoutside of the Republic of Mauritiusto such countries that may not offer the same level of data protection as the Republic of Mauritius, including for cloud storage purposes and the use of any of our websites subject to clause 8.3;
8. complying with Applicable Laws, including lawful requests for information received from local or foreign law enforcement, government and tax collection agencies;
9. recording and/or monitoring your telephone calls and electronic communications to/with PGMin order to accurately carry out your instructions and requests, to use as evidence and in the interests of crime prevention;
10. conducting market research and providing you with information about PGM’s products or services from time to time via email, telephone or other means (for example, events);
11. where you have unsubscribed from certain direct marketing communications, ensuring that we do not send such direct marketing to you again;
12. disclosing your personal data to third parties for reasons set out in this Statement;
13. monitoring, keeping record of and having access to all forms of correspondence or communications received by or sent from PGMor any of its employees, agents or contractors, including monitoring, recording and using as evidence all telephone communications between you and PGM; and
14. improving or evaluating the effectiveness of PGM’s business or products, services or offerings.
2. We may from time to time contact you about services, products and offerings available from Pam Golding or specific subsidiaries which we believe may be of interest to you, by email, phone, text or other electronic means, unless you have unsubscribed from receiving such communications.
8. Disclosure
1. Your personal data may be shared between theentities of PGP Group and our agents and sub-contractors and selected third parties who process the information on our behalf.
2. We may also disclose your personal data to third parties in the following circumstances:
1. to assess, give effect to and monitor any of obligations, rights, remedies, or commitments that you and/or PGMmay have under any agreement, undertaking or arrangement to which you are a party;
2. to determine which products and services may be of interest to you and/or to send you information about such products and services, unless you object or choose not to receive such communications;
3. have a better understanding of your circumstances, needs and requirements to provide and improve the products and services of PGM;
4. to any relevant person and/or entity for purposes of prevention, detection and reporting of fraud and criminal activities, the identification of the proceeds of unlawful activities and the combatting of crime;
5. to any regulator or supervisory authority, including those in foreign jurisdictions, if PGMis required to do so in terms of Applicable Laws;
6. to a prospective buyer, seller, landlord or lessor of any of our businesses or assets in relation to a transaction on which we have been mandated or otherwise required to do so in terms of this Statement;
7. to any person if we are under a duty to disclose or share your personal data in order to comply with any Applicable Laws, or to protect the rights, property or safety of PGM, or other third parties; and/or
8. to your agent or any other person acting on your behalf or otherwise on your instruction or with your consent.
3. We may transfer your information to other entities of PGM, an agent, sub-contractor or third party who carries on business in another country, including one which may not have data privacy laws similar to those of the Republic of Mauritius. If this happens, we will endeavour to ensure that anyone to whom we pass your information agrees to treat your information with the same level of protection as if we were dealing with it.
4. If you do not wish us to disclose your information to third parties, you can withhold your consent to this when you provide your details to us or by writing to us atmauritius@pamgolding.mu. You can also revoke or vary the consent that you have given us by sending us an email on the same email address.
9. Retention of your information
1. Records of personal data will only be retained for as long as is necessary for achieving the purpose for which the information is collected or subsequently processed unless otherwise provided by law or by court order. This purpose will differ depending on why personal datais collected from you.You have the right to know for how long your personal data will be stored.
2. We will retain your information in accordance with retention periods set out in Applicable Laws, unless we need to retain it for longer for a lawful purpose or otherwise if retention is reasonably required for purposes of executing our functions or activities (For example, for the purposes of complaints handling, legal processes and proceedings, administering and processing required under or for purposes of agreements you may have concluded).
10. Your rights
1. You have the right to access information held about you by PGM. You may request, free of charge, details of personal data which we hold about you. We shall endeavour to provide this information within one (1) month of your request.
2. You may request the rectification of personal dataPGMholds about you where it is inaccurate. The right to rectification includesthe right to have your incomplete personal data completed. If your data is not updated, incorrect or inaccurate, PGMmay not be able to properly discharge its obligations to you or otherwise maintain its business relationship with you. PGMmay from time to time communicate with you and request you to confirm and or update yourpersonal data.
3. You have a right in certain circumstances to request deletion ofpersonal data that PGM holds about you or request that PGM ceases to use your personal data.
4. You also have a right toobtain restriction on the processing of your personal data. in certain circumstances.
5. You have a right to object in writing at any time to the processing of your personal data unless PGMdemonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment,exercise or defence of a legal claim.
6. You may exercise the rights mentioned in this clause by writing to us on mauritius@pamgolding.mu.
11. Complaints
1. In the event that you have any queries or complaints regarding the waythat PGMhas utilised your personal data, please contact us on mauritius@pamgolding.mu.We shall contact you and attempt to resolve same.
2. You also have the right to lodge a complaint with the Data Protection Office of Mauritius.
Last updated: April 2023