Welcome to Equites Property Fund Limited (“Equites”). Equites is a real estate investment trust listed on the Johannesburg Stock Exchange and is a “Responsible Party” pursuant to the Protection of Personal Information Act No.4 of 2013 as amended from time to time (“POPI Act”).
As Responsible Party, Equites determines the purpose of and means for “Processing” the “Personal Information” of “Data Subjects”.
“Processing”, “Processes” or to “Process” means anything that can be done with Personal Information, including its collection, receipt, recording, organisation, collation, storage, updating, modification, retrieval, alteration, consultation, dissemination, merging, linking, restriction, degradation, erasure, destruction, or usage in any other manner whatsoever.
“Personal Information” means inter alia the types of information as listed in the POPI Act, relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person.
“Data Subject” or collectively “Data Subjects” means the person/s (natural or juristic) to whom Personal Information relates. This may include Equites’ tenants, suppliers, service providers shareholders, brokers, analysts, job applicants, employees, directors, interns, learners, scholarship/bursary recipients as well as users of its “Website”.
Equites undertakes to Process the Personal Information of Data Subject only in accordance with the conditions of lawful processing as set out in the POPI Act, its policy on the protection of Personal Information (“POPI Policy”) and to the extent required for Equites to discharge its legal/contractual/business obligations or to pursue its legitimate interests to perform its business on a day-to-day basis.
This “Privacy Notice” describes how Equites Processes the Personal Information of Data Subjects, both online during use of its “Website” and offline.
All other Capitalised terms used in this Privacy Notice shall have the meanings ascribed to them in the POPI Act.
More information can be found in the POPI Act.
More information about the POPI Policy can be found here.
Equites collects Personal Information about Data Subjects under inter alia the following circumstances:
Should a Data Subject provide Equites with the Personal Information of a third party (e.g., when a supplier provides Equites with the full names, telephone number and e-mail address of a trade referee), such Data Subject must ensure that he/she/it notifies the relevant third party before sharing their Personal Information with Equites by showing them this Privacy Notice and explaining that their Personal Information will be processed in accordance with this Privacy Notice and obtaining their consent, where appropriate.
Equites collects inter alia the following types of Personal Information about Data Subjects:
Data Subjects can change their browser settings anytime so that cookies are not accepted. Data Subjects can learn more about how to block cookies by visiting http://www.allaboutcookies.org/. Please note that if Data Subjects block cookies completely, many websites will not work properly and some functionality on the Website may not work at all.
There are several different reasons pursuant to the POPI Act for Equites to Process Personal Information about Data Subjects. These include:
To discharge its contractual obligations. In some circumstances, Equites requires Personal Information about Data Subjects to discharge its contractual obligations pursuant to lease agreements, employment agreements or supplier/service provider agreements with Data Subjects. For example, to pay a supplier/service provider Equites requires his/her/its bank account information.
Further to a Data Subject’s consent. This is where a Data Subject have given Equites his/her/its consent to Process Personal Information about him/her/it for a specified purpose. For example, where a job applicant consents to criminal record checks being conducted by a verification agency appointed by Equites.
Complying with a legal obligation. If the law requires Equites to do so, it must Process Personal Information about Data Subjects. For example, to comply with FICA requirements.
When Processing is necessary to pursue Equites’ legitimate interests or to protect the Data Subject’s legitimate interest. Equites may Process Personal Information about Data Subjects, where it is done in pursuit of its legitimate interests as a company or to protect the legitimate interest of Data Subjects.
For example, Equites will inter alia Process Personal Information about Data Subjects:
Equites may share Personal Information about Data Subjects with the third parties described below.
Equites may disclose Personal Information about Data Subjects with companies which provides services to it. Examples of the types of service providers Equites work with inter alia include:
Equites’ service providers are required to keep Personal Information about Data Subjects confidential and are not allowed to use it for any other purpose than to carry out the services they are performing for Equites.
Equites may disclose Personal Information about Data Subjects to a third party, if and where it is necessary to comply with a legal obligation or the decision of a judicial authority, a public authority or a government body or if disclosure is necessary for national security, law enforcement or other matters of public interest.
Equites may share Personal Information about Data Subjects with its subsidiaries, affiliated companies and/or business partners for their own purposes, if it is necessary for the provision of services / products to Data Subjects.
Equites may disclose Personal Information about Data Subjects to its professional advisors and consultants, such as analysts, lawyers, auditors and insurers, as necessary in the course of the professional services they provide Equites with.
If Equites makes a sale or transfer of assets or are otherwise involved in a merger or business / asset transfer, it may transfer Personal Information about Data Subjects to one or more third parties as part of that transaction.
With Data Subjects’ consent, Equites may also share their Personal Information with other third parties.
When Equites shares Personal Information about Data Subjects with third parties, as described in “With whom does Equites share Personal Information?” section above, these third parties may be located outside of the Republic of South Africa. Should Equites transfer Personal Information about Data Subjects outside of the Republic of South Africa, it will take steps to ensure that the Personal Information about Data Subjects will receive the same level of protection as if it was being processed within the borders of South Africa.
Third parties, whose sites Data Subjects may visit after clicking a link on the Website, may have less stringent privacy policies. Equites does not have control over these sites and urge Data Subjects to read their privacy notices, before providing any Personal Information to such sites.
Equites will delete Personal Information about Data Subjects or render it anonymous, within a reasonable time after fulfilling the purposes mentioned above, unless:
Further to section 14(2) of the POPI Act, Equites may also retain Personal Information for periods in excess of those contemplated above for historical, statistical or research purposes, as it has established appropriate safeguards against the Personal Information being used for any other purposes.
Equites will take reasonable precautions to protect Personal Information about Data Subjects against loss, misuse or alteration. Among other measures, Equites ensure the security of Personal Information about Data Subjects by means of encryption, password protection and by otherwise restricting access to it.
Unfortunately, the transmission of information via the internet is not entirely secure. Although Equites will do its best to protect Personal Information about Data Subjects, as required by law, it cannot guarantee the security of Personal Information transmitted to it via unsecured means; any such transmission is at the Data Subject’s own risk.
Data Subjects have, under certain circumstances, by law the right to:
Request access to their Personal Information. This enables them to receive a copy or description of the Personal Information Equites holds about them and to check that Equites us lawfully processing it.
Request rectification of the Personal Information that Equites holds about them. This enables Data Subjects to have any incomplete or inaccurate information Equites holds about them to be rectified.
Request destruction or deletion of their Personal Information. This enables them to request Equites to delete or remove Personal Information that is held about them, where there is no good reason for Equites to hold such information or continue processing it. Data Subjects also have the right to request Equites to do delete or remove the Personal Information that is held about them, where they have exercised their right to object to the processing thereof (see below).
Object to processing the processing of their Personal Information, where Equites is relying on a legitimate interest (or those of a third party) and there is something about their situation which makes them want to object to Equites’ processing of their Personal Information on this ground.
Lodge a complaint with the Regulator should they not be satisfied with Equites’ response to any of their above requests. The Regulator is an independent body established pursuant to section 39 of the POPI Act. Data Subjects can find more information about the Regulator and the contact details thereof at https://www.justice.gov.za/inforeg
Who do Data Subjects contact to exercise their rights?
Pursuant to sections 55 and 56 of the POPI Act, Equites has appointed an Information Officer to discharge the following duties:
Should Data Subjects therefore want to exercise any of their above-mentioned rights or have any question/s about how Equites processes their Personal Information or about this Privacy Notice in general, they can use the “PERSONAL INFORMATION REQUEST FORM” annexed to the POPI Policy or e-mail the Company’s Information Officer at firstname.lastname@example.org or the Company’s Deputy Information Officer at email@example.com.
Equites will consider all requests received and provide feedback to Data Subjects. For the avoidance of any doubt, it is recorded that despite a Data Subject’s request for Personal Information to be destroyed or deleted, Personal Information will only be destroyed or deleted when Equites is no longer authorised to retain such records, pursuant to section 14 of the POPI Act.
What are cookies?
A cookie is a small text file which is placed onto Data Subjects’ devices (i.e., computers, smartphones, or other electronic devices) when they use the Website. A cookie file is stored in the Data Subject’s web browser and allows Equites or a third-party to recognise the Data Subjects and remember things like his/her/its personalised details or user preferences. Cookies also help Equites learn more about how Data Subjects use and access the Website, so that it can make improvements and update features.
Cookies can be "persistent" or "session" cookies. Persistent cookies remain on Data Subjects’ device when they go offline, while session cookies are deleted as soon as Data Subjects close their web browser.
How are cookies used?
Cookies help Equites to learn more about how Data Subjects use and access the Website. These cookies allow Equites to count visits and traffic sources so that it can measure and improve the performance of the Website. Cookies help Equites to know which pages are the most and least popular and see how visitors move around the Website.
Types of cookies
The cookies Equites places on Data Subjects’ devices fall into the following categories:
Third party cookies
All of the cookies described so far in this Cookie Notice are “First Party Cookies”, which means they are set and controlled by Equites.
Occasionally, third parties may set cookies on the Website which Equites do not control. These are called “Third Party Cookies”. This will happen where, for example, Equites have included embedded content on some pages of the Website. When Data Subjects visit a page with embedded content, the third-party service provider may set its own cookies on Data Subjects’ web browser. This also applies if Data Subjects choose to connect with Equites’ social media accounts by clicking on one of the social media buttons on the Website, as Data Subjects may be sent cookies by these websites.
Please note that Equites does not control Third Party Cookies and cannot access them. Cookies can only be accessed by the party who originally set them. Data Subjects should therefore check the third-party websites for more information about these cookies.
How to manage cookies
Data Subjects can change their browser settings anytime, so that cookies are not accepted. Data Subjects can learn more about how to block cookies by visiting http://www.allaboutcookies.org/. Please note that if Data Subjects block cookies completely, many websites will not work properly and some functionality on the Website may not work at all.