1.     Introduction

Welcome to our privacy policy. We respect your privacy and take the protection of personal information very seriously. We understand that your trust is our most important asset.

To provide you with our full range of products and services we need to collect and process certain information about you.

The purpose of this policy is to describe the way that we collect, store, use, and protect information that can be associated with you or another specific natural or juristic person and can be used to identify you or that person (personal information).

2.     Audience

This policy applies to you if you are:

•         a visitor to our website, mobile site, or

•         a customer who has ordered a product or requested a service that we provide or

•         anyone contacting us by phone, SMS, email, in letters and other correspondence, and in person.

3.     Personal Information

Personal information includes:

•         certain information that we collect automatically when you visit our website;

•         certain information collected on registration (see below);

•         certain information collected on submission; and

•         optional information that you provide to us voluntarily (see below);

but excludes:

•         information that has been made anonymous so that it does not identify a specific person;

•         permanently de-identified information that does not relate or cannot be traced back to you specifically;

•         non-personal statistical information collected and compiled by us; and

•         information that you have provided voluntarily in an open, public environment or forum including any blog, chat room, community, classifieds, or discussion board (because the information has been disclosed in a public forum, it is no longer confidential and does not constitute personal information subject to protection under this policy).

3.1   Common examples

Common examples of the types of personal information which we may collect and process include:

•         identifying information – such as your first name and last name;

•         contact information – such as your phone number and email address;

4.     Acceptance

4.1  Acceptance required

You acknowledge and accept all the terms of this policy when accessing the website to order a product or request our services.

If you do not agree with anything in this policy, then you may not access the website nor order a product or request our services.

4.2  Legal capacity

You may not access our website or order a product or request our services if you are younger than 18 years old or do not have legal capacity to conclude legally binding contracts.

4.3  Deemed acceptance

By interacting with our website, you are deemed to have read, understood, accepted, and agreed to be bound by all of its terms.

4.4  Your obligations

You may only send us your own personal information, or the information of another data subject where you have their permission to do so.

5.     Changes

We reserve the right to change the terms of this policy at any time. All changes to this policy will be posted on the website. Unless otherwise stated, the current version shall supersede and replace all previous versions of this policy.

If you do not agree with the changes, then you must stop using the website and our products or services. If you continue to use the website or our products or services following notification of a change to the terms, the changed terms will apply to you and you will be deemed to have accepted those updated terms.

6.     Collection

6.1  Purposes for collection

We may use or process any product or services information, or additional information that you provide to us for the purposes indicated in this privacy policy. Processing includes gathering your personal information, disclosing it as required, and combining it with other personal information. We generally collect and process your personal information for various purposes, including

•products or services purposes – such as collecting orders or requests for, and offering or providing our products or services;

•marketing purposes – such as pursuing lawful related marketing activities;

•business purposes – such as business intelligence and analytics, product improvement, internal audit, accounting, business planning, and joint ventures, disposals of business, or other proposed and actual transactions; and

•legal purposes – such as handling claims, complying with regulations, or pursuing good governance.

 

6.2  On registration

Once you register on our website or request any product, service or information, you will no longer be anonymous to us and will need to provide certain personal information.

This personal information will include:

•         your first name and surname;

•         your email address;

•         your telephone number;

We will use this personal information in pursuit of fulfilling your request and offering our services, products and information to you, and for any other purposes set out in this policy. This includes newsletters and email alerts from Chrisjan van Heerden and CH Professional. If you wish to opt out you can do so by clicking on the unsubscribe link at the bottom of the emails.

6.3  On product order or service request

When you order a product or request a service from us, you will be asked to provide us with additional personal information on a voluntary basis (product or services information).

– Property enquiry service

We also provide a service allowing potential buyers / tenants to contact us about a certain listing. You will need to provide certain personal information such as;
 

•         your first name and surname;

•         your email address;

•         your telephone number;

This will enable us to make contact with you in order to provide you with further information related to the property you inquired about.

We may use this personal information to provide additional services and information to you as we reasonably think appropriate, and for any other purposes set out in this policy. This includes newsletters and email alerts. If you wish to opt out you can do so by clicking on the unsubscribe link at the bottom of the email.

– Property Search

You will need to supply your province, city or suburb in order to use our search functionality. We will use this information to present you listings matching your search criteria.

6.4  Communicating with us

When you communicate with us directly or through our customer service channel, you may be requested to provide personal information to us such as your name, email address and contact details. We will use this in order to help resolve your query or complaint. Telephone calls to our customer service may be recorded.

6.5  Messages and updates

We may send administrative messages and email updates to you about the website. We may wish to provide you with information about new products or services in which we think you may be interested. This means that in some cases, we may also send you primarily promotional messages. We may send you one message to ask you for your opt-in to receive promotional messages. We will not send you promotional messages unless you have chosen to opt-into them, and you may unsubscribe at any time using the unsubscribe links on our emails.

6.6  From browser

We automatically receive and record Internet usage information on our server logs from your browser, such as your Internet Protocol address (IP address), browsing activities, click patterns, version of software installed, system type, screen resolutions, colour capabilities, plug-ins, language settings, cookie preferences, search engine keywords, JavaScript enablement, the content and pages that you access on the website, and the dates and times that you visit the website, paths taken, and time spent on sites and pages within the website (usage information). Please note that other websites visited before entering our website might place personal information within your URL during a visit to it, and we have no control over such websites.

6.7  Cookies

Cookies, which are small text files placed on your device, and similar technologies are used to enhance your experience on websites by remembering your preferences and visits to our website, etc. We use essential and marketing cookies and tracking, when you visit our website, to enhance your interaction with our website and offerings. You do not need to keep any of these, and may clear cookies and browsing data from your device if you wish.

6.8  Optional details

You may also provide additional information to us on a voluntary basis (optional information). This includes content or products that you decide to upload or download from our website or when you enter competitions, take advantage of promotions, respond to surveys, order additional products or services, or otherwise use the optional features and functionality of our website.

6.9 Recording calls

We may monitor and record any telephone calls that you make to us, unless you specifically request us not to.

6.10 Consent to collection

We will request your explicit consent to use your personal information to send you certain information including:

•     Email alerts
•     Newsletters
•     Valuations

Where you have given consent to process your personal information you may withdraw consent at any time by clicking the unsubscribe link in an email alert or newsletter.

7.     Disclosure

7.1  Sharing

We may share your personal information with:

•         our products or services providers under contract who help provide certain products or services or help with parts of our business operations, including fraud prevention, bill collection, payment services, credit checks, marketing, technology services (our contracts dictate that these product or services providers only use your information in connection with the products or services they supply or services they perform for us and not for their own benefit);

 

7.2  Regulators

We may disclose your personal information as required by law or governmental audit. This will include public authorities, insurance companies, finance companies, automotive advertising companies and/or other agencies. Information shared in this way will not be used for marketing purpose

7.3  Law enforcement

For the purposes of the prevention or detection of offences, and/or the apprehension or prosecution of offenders, we may share any information obtained or collected by us with the Police, other public or private sector agencies or representative bodies in accordance with the relevant legislation.

We may disclose personal information if required:

• by a subpoena or court order;

• to comply with any law;

• to protect the safety of any individual or the general public; and

• to prevent violation of our customer relationship terms.

7.4  Marketing purposes

We may disclose aggregate statistics (information about the customer population in general terms) about the personal information to advertisers or business partners.

7.5  Employees

We may need to disclose personal information to our employees that require the personal information to do their jobs. These include our responsible management, human resources, accounting, audit, compliance, information technology, or other personnel.

7.6  Change of ownership

If we undergo a change in ownership, or a merger with, acquisition by, or sale of assets to another entity, we may assign our rights to the personal information we process to a successor, purchaser, or separate entity. We will disclose the transfer on the website. If you are concerned about your personal information migrating to a new owner, you may request us to delete your personal information.

8.     Security

All the information we receive about you is stored on secure servers and we have implemented technical and organisational measures that are suitable and necessary to protect your personal data. We continually evaluates the security of our network and adequacy of our internal information security program which is designed to (a) help secure your data against accidental or unlawful loss, access or disclosure, (b) identify reasonably foreseeable risks to the security of our network, and (c) minimize security risks, including through risk assessment and regular testing.

Please note, despite the measures we have implemented to protect your data, the transfer of data through the Internet or other open networks is never completely secure and there is a risk that your personal data may be accessed by unauthorised third parties..

9.     Accurate And Up To Date

We will try to keep the personal information we collect as accurate, complete and up to date as is necessary for the purposes defined in this policy. From time to time we may request you to update your personal information on the website. You are able to review or update any personal information that we hold on you by emailing us, or phoning us. Please note that in order to better protect you and safeguard your personal information, we take steps to verify your identity before granting you access to your account or making any corrections to your personal information.

10.  Retention

We will only retain your personal information for as long as it is necessary to fulfil the purposes explicitly set out in this policy, unless:

•         retention of the record is required or authorised by law; or

•         you have consented to the retention of the record.

During the period of retention, we will continue to abide by our non-disclosure obligations and will not share or sell your personal information.

We may retain your personal information in physical or electronic records at our discretion.

11.  Transfer To Another Country

We may transmit or transfer personal information outside of the country in which it was collected to a foreign country and process it in that country. Personal information may be stored on servers located outside the country in which it was collected in a foreign country whose laws protecting personal information may not be as stringent as the laws in the country in which it was collected. You consent to us processing your personal information in a foreign country whose laws regarding processing of personal information may be less or more stringent.

12.  Removing

You may choose to remove the personal information you have submitted to us contacting us.

We will request proof of identity before removing your information.

13.  Limitation

We are not responsible for, give no warranties, nor make any representations in respect of the privacy policies or practices of linked or any third party websites.

 

TERMS AND CONDITIONS

2.  Definitions

1. The terms “you” and “user” as used herein refer to all individuals and/or entities accessing the website.
2. The term “website” as used herein refers to cjvh.co.za
3. The terms “we” and “us” as used herein refers to Chrisjan van Heerden and CH Professional

3.  General

By using the website, you are indicating your acceptance to be bound by these terms and conditions. The website may revise these terms and conditions at any time by updating this page. You should visit this page periodically to review the terms and conditions, to which you are bound.

4.  Terms Of Use

1. Users may not use the website in order to transmit, distribute, store or destroy material:
   • in violation of any applicable law or regulation;
   • in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others;
   • that is defamatory, obscene, threatening, abusive or hateful.
2. The following is prohibited with respect to the website:
   • Using any robot, spider, other automatic device or manual process to monitor or copy any part of the website;
   • Using any device, software or routine or the like to interfere or attempt to interfere with the proper working of the website.
   • Taking any action that imposes an unreasonable or disproportionately large load on the website infrastructure;
   • Copying, reproducing, altering, modifying, creating derivative works, or publicly displaying any content from the website without prior written permission;
   • Reverse assembling or otherwise attempting to discover any source code relating to the website or any tool therein, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; and
   • Attempting to access any area of the website to which access is not authorized.

5.  Copyright And Intellectual Property Rights

1. All content, trademarks and data on this website, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of or licensed to the website.
2. Users of this website are not granted a licence or any other right including without limitation under Copyright, Trade Mark, Patent or Intellectual Property Rights in/or to the content.

6. Privacy Policy

Out privacy policy is contained to the top of this page.

7.  Security

1. Users are prohibited from violating or attempting to violate the security of the Website, including, but without limitation:
   • accessing data not intended for such user or logging into a server or account which the user is not authorized to access;
   • attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
   • attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the website, overloading, “flooding”, “spamming”, “mail bombing” or “crashing”;
   • sending unsolicited email, including promotions and/or advertising of products or services;
   • forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting;
   • deleting or revising any material posted by any other person or entity;
   • using any device, software or routine to interfere or attempt to interfere with the proper working of this website or any activity being conducted on this site.
2. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

8.  Disclaimer

Whilst we have taken reasonable measures to ensure the integrity of the website and its contents, no warranty, whether express or implied, is given that the website will operate error-free or that any files, downloads or applications available via the website are free of viruses, trojans, bombs, time-locks or any other data, code or harmful mechanisms which has the ability to corrupt or affect the operation of your system.

 

In no event will we, and/or any third party contributors of material to the website be liable for any costs, expenses, losses and damages of any nature (whether direct, indirect, punitive, incidental, special or consequential) arising out of or in any way connected with your use of the website, your inability to use the website and/or the operational failure of the website, and whether or not such costs, expenses, losses and damages are based on contract, delict, strict liability or otherwise.

 

Insofar as the website contains links to any other internet websites, you acknowledge and agree that we do not have control over any such website and we shall therefore not be liable in any way for the contents of any such linked website, nor for any costs, expenses, losses or damages of any nature whatsoever arising from your access and/or use of any such website.

 

Whilst reasonable care is taken to ensure that the information contained on this website is accurate, we cannot guarantee its accuracy and we reserve the right to change the information on this website (including these terms and conditions) at any time without notice. You must check these terms and conditions for changes every time you intend to use this website. If you use this website after such updated or amended terms and conditions have been displayed on this website, you will be deemed to have accepted such updates or amendments.

 

9.  Severability

These Terms & Conditions constitute the entire agreement between you and us. Any failure by us to exercise or enforce any right or provision of these Terms & Conditions shall in no way constitute a waiver of such right or provision.

 

In the event that any term or condition is not fully enforceable or valid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.

 

10.  Applicable Law

This website is controlled and managed in the Republic of South Africa, and thus, South African law and jurisdiction govern the use or inability to use this website, or any other matter related to this website.

11.  Disputes

All disputes in terms of this agreement or relating to the use or inability to use this web site shall be settled by arbitration conducted in English in terms of the rules of the South African Arbitration Foundation. Such arbitration shall be held in Cape Town, and the unsuccessful party shall pay all costs incurred by the successful party in attending and preparing for such arbitration.