Updated September 2021

September 2021

(version 5.0)

Introduction

This data processing agreement (“DPA”), including the annex below, is part of our Terms of Use and applies only to the extent stated within them (see the Privacy and data use section).

Definitions

Words or expressions defined in “quotation marks” have the same meanings each time they are used in this DPA. Unless we say otherwise below, any words or expressions that are defined in the Terms of Use have the same meanings when used in this DPA too.

  • “Applicable Data Protection Law” means all laws and regulations applicable to Property Wars’s processing of Relevant Data under the Terms of Use, including the POPI Act.
  • “Personal Data”, “Special Categories of Personal Data”, “Controller” and “Processor” have the meanings given in the POPI Act.
  • “Relevant Data” means personal data data as described in the annex below.
  • “Property Wars”, “we”, “us” or “our” means Property Wars.

Relationship between you and Property Wars

  1. To the extent that Property Wars delivers review invitation services to you and you are a Controller of the Relevant Data under POPI, then you (the Controller) appoint Property Wars as a Processor to process that Relevant Data.
  2. This DPA will apply to you and us for as long as our Terms of Use apply to you, or for as long as we process Relevant Data on your behalf – whichever is longer.

Instructions

  1. You instruct Property Wars to process the Relevant Data in accordance with this DPA and only for the purpose described in the annex below (or as otherwise may be agreed between you and Property Wars in writing) (the “Purpose”). Property Wars may not process the Relevant Data for any other purpose, unless it is required to under South African Law. In that case, Property Wars will write to you about why it needs to process the Relevant Data, unless it is restricted by law from informing you.
  2. If Property Wars believes that an instruction given by you violates the Applicable Data Protection Law, Property Wars will let you know immediately.
  3. Property Wars is not currently aware of being subject to legislation that would prevent it from fulfilling the DPA, but it will let you know without undue delay if that changes or is expected to change.

Transfers of Relevant Data

  1. Property Wars will not transfer Relevant Data outside of South Africa unless it has taken necessary measures to ensure that the transfer complies with the Applicable Data Protection Law. These measures may include transferring the Relevant Data to a recipient in a country that the South African Commission has decided provides adequate protection for personal data or to a recipient that has executed standard contractual clauses adopted or approved by the South African Commission.

Prohibited data

  1. You agree that you won’t disclose to Property Wars for processing any Personal Data for which you do not have the rights, permissions or consents required under Applicable Data Protection Law to enable Property Wars to lawfully process it.

Confidentiality

  1. Property Wars will ensure that any person that it authorises to process the Relevant Data will keep the Relevant Data confidential under a statutory obligation of confidentiality or other commitment.

Security practices

  1. Property Wars currently implements the technical and organisational measures described in our white paper on security practices for Property Wars review invitation services.
  2. Property Wars may change these measures from time to time, but will always maintain appropriate technical and organisational measures that ensure a level of security appropriate to the risk and protect the Relevant Data from being:
    • accidentally or unlawfully destroyed, lost or altered,
    • disclosed or made available without authorisation, or
    • otherwise processed in violation of the Applicable Data Protection Law.

 

  1. Property Wars will also comply with any other applicable data security requirements that are directly imposed on it, including the data security requirements of the country in which Property Wars is established and where the data processing will be performed.
  2. The appropriateness of the technical and organisational security measures will be based on:
    • the current state of the art;
    • the cost of their implementation; and
    • the nature, scope, context and purposes of processing, as well as the likelihood of risks and the impact on the data protection rights and freedoms of data subjects.
  3. On your request, Property Wars will provide you with sufficient information to enable you to check that Property Wars is complying with its obligations under the DPA, including that it has implemented the technical and organisational security measures described above.

Audit

  1. You may at your own cost appoint an independent expert who (so long as the expert isn’t a competitor of Property Wars) will be given access to Property Wars premises and the information necessary to audit whether Property Wars complies with its obligations under the DPA – including whether the appropriate technical and organisational security measures have been implemented.
  2. You’ll need to let us know at least 14 days before you want your expert to have access. And, before we give them access, they’ll need to enter a customary non-disclosure agreement with Property Wars that ensures that they treat all information they obtain or receive from Property Wars and/or its affiliates confidentially – and may only share that information with you.
  3. Any findings or reports created on the basis of the expert’s inspection and audit must be shared with Property Wars and will be treated as confidential information.

Requests from authorities

  1. Property Wars will give authorities, which have a right under South African law to enter your suppliers’ facilities, access to Property Wars physical facilities, provided that their representatives can show proper proof of identity.
  2. Property Wars must, without undue delay after becoming aware of the facts, notify you in writing about any request from an authority for disclosure of the Relevant Data, unless Property Wars is expressly prohibited from informing you under South African law.

Security incidents

  1. Property Wars shall, without undue delay after becoming aware of the facts, inform you in writing about any suspicion or finding of:
    • a breach of security that results in accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, the Relevant Data transmitted, stored or otherwise processed by Property Wars; and
    • any other material failure to comply with Property Wars obligations under sections 10 and 11 of this DPA.

Cooperation and data subjects’ rights

  1. Property Wars will promptly assist you with the handling of any requests from data subjects under the POPI Act and, where commercially practicable, under any other Applicable Data Protection Law, including requests for access, rectification, blocking or deletion, which relates to our processing of the Relevant Data.
  2. If Property Wars receives such a request, Property Wars will not respond to it other than to inform the requesting data subject:
    • whether a review invitation email has been sent to the data subject on your behalf; and
    • that he/she should submit his/her request to you, given that you will be responsible for responding to these requests.
  3. Property Wars will assist you with meeting the other obligations that may be imposed on you South African law related to data processing where our assistance is necessary for you to comply with your obligations. This includes providing reasonable cooperation to you in connection with any data protection impact assessment that may be required in accordance with the POPI Act.
  4. Property Wars will also provide information related to the provision of the services to authorities or your external advisors and auditors if this is necessary for the performance of their duties in accordance with South African law.
  5. In the annex below, Property Wars has stated the servers, offices etc. used to provide the services under the Terms of Use. You may request information about the servers, offices used by Property Wars in connection with these services and Property Wars will respond within 30 days.
  1. Deletion or return of Relevant Data
  1. Property Wars will retain the Relevant Data for the following periods:
    • 30 days for all BCC emails; and
    • 3 years for all other Relevant Data.
  2. After these periods have ended, or on your earlier request, Property Wars will immediately return or delete (including anonymise) the Relevant Data in a manner and form decided by Property Wars, acting reasonably. This won’t apply to the extent that Property Wars is required by applicable law to retain some or all of the Relevant Data.

Data Protection Officer

You can reach our data protection officer by sending an email to: privacy@propertywars.co.za

ANNEX

Purpose

  • Providing you with one or more of our review invitation services, as defined in the Terms of Use (when you send (or we send on your behalf) invitations to your clients asking them to write a review on our platform about your services and/or your products).

Categories of data subjects

  • Your clients

Categories of Personal Data

  • Name
  • Email address
  • Reference number, such as an order ID or similar
  • Any other Personal Data included in the order confirmation messages that you send to your clients who make purchases from you.

Special Categories of Personal Data

Property Wars does not intentionally collect or process any Special Categories of Personal Data, as it is not needed for the purposes of providing you with the review invitation services. However, Special Categories of Personal Data may be processed if you choose to include this data within the order confirmation messages that you send to your clients who make purchases from you and the type of review invitation service used involves Property Wars being copied on such messages.