Privacy Policy

• 1.1

  The Foyer appreciates and accepts its responsibility towards its clients regarding the collection, use, storage and sharing of your information, including the right to protection against the unlawful collection, retention, sharing and use thereof.

• 1.2

  This Privacy Notice applies to all clients of the Foyer, who have accessed the website.

• 1.3

  By accessing the website and furnishing any personal information you consent to the terms hereof.

• 1.4

  The Company collects, uses, and in some instances shares the personal information of Customers in and through this website and on the terms and conditions set out herein.

• 2.1

  As the Company, and the website is registered in South Africa, the South African law will be applicable.

• 2.2

  The following statutes, which deals with personal information, are applicable hereto:

  • 2.2.1

    Consumer Protection Act, 68 of 2008, (“the CPA”);

  • 2.2.2

    Protection of Personal Information Act, 4 of 2013 (“the POPI Act”);

  • 2.2.3

    Electronic Communication and Transaction Act, 25 of 2002 (“ECTA”);

  • 2.2.4

    Promotion of Access to Information Act, 2 of 2000 (‘PAIA”);

  • 2.2.5

    Financial Intelligence Centre Act, 38 of 2001 (“FICA”)

Unless specifically indicated by the context otherwise, the following words and phrases will have the following meaning:

• 3.1

  “consent” means any voluntary and informed expression of will, whether expresses, tacit, or implied, in terms of which a customer gives permission for the processing of personal information;

• 3.2

  “data subject” is an identifiable living person to whom a particular data item relates.

• 3.3

  “direct marketing” means the approach of a data subject, either personally, by mail correspondence or by electronic communication, for the purpose of promoting or offer to supply any goods or services to the data subject;

• 3.4

  “operator” means an outside third party who process personal information on behalf of the company in terms of a contract or mandate;

• 3.5

  “process” or “processing” means, in the context hereof, any operation or activity, including (but not limited to) the following:

  • 3.5.1

    the receipt, collection, recording, re-ordering, collation, updating, retrieval, alteration, or use of that information;

  • 3.5.2

    the transmission or distribution thereof, in original or altered form;

  • 3.5.3

    merging, linking (with or without restrictions), erasure, deletion, or destruction thereof.

• 3.6

  “services” mean all services rendered by the Company to the Customer;

• 3.7

  “customer” or “consumer” or “client” means any visitor to this website;

• 3.8

  “child (or children)” means any person/s under the age of 18 years old;

• 3.9

  “the website” means this website, www.thefoyer.co.za with the following contact details:
  Email: [email protected].

• 3.10

  “days” are calculated in terms of the computation civilis- method, meaning that the first day of the period is excluded and the last day thereof is included.

• 3.11

  Any reference to
  - the singular will also include the plural;
  - any one gender will also include the other gender.

“Personal Information (or data)” means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to-

• 4.1

  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;

• 4.2

  information relating to the education or the medical, financial, criminal or employment history of the person;

• 4.3

  any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier, or other particular assignment to the person;

• 4.4

  the biometric information of the person;

• 4.5

  the personal opinions, views, or preferences of the person;

• 4.6

  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;

• 4.7

  the views or opinions of another individual about the person; and;

• 4.8

  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.

“Special Personal Information“ means the religious or philosophical beliefs, race- or ethnic origin, trade union membership, political persuasion, health, sex life or –orientation and any biometrical information of the Customer.

• 5.1
  We may collect and hold personal information about:

  • 5.1.1 Clients and potential clients
  • 5.1.2 Estate Agents
  • 5.1.3 Suppliers
  • 5.1.4 Advertisers
  • 5.1.5 Other users
• 5.2

  The personal information that we collect and hold may include:

  • 5.2.1 Your name, address, contact telephone number and other contact details such as your email address;
  • 5.2.2 payment information (such as bank details);
  • 5.2.3 other personal information required to provide our services in specific cases;
  • 5.2.4 details of your use of our products or services.
• 5.3

  You are not obliged to provide any personal information. However, in many cases, if you do not provide your personal information to us, we may not be able to supply the relevant product or service that you have requested from us.

• 5.4

  The Company will not collect, nor hold special personal information of a customer.

• 5.5

  Likewise, the Company will not collect, nor hold personal information regarding children, without the consent of their parent or legal guardian.

• 6.1

  The information collected may be used for the following purposes:

  • 6.1.1

    To confirm your identity;

  • 6.1.2

    To improve the design, management and processes of our products;

  • 6.1.3

    To minimise the risk of identity fraud, money laundering, terrorism, fraud, and other financial crimes;

  • 6.1.4

    To screen you against any politically exposed persons or sanctions lists;

  • 6.1.5

    To render better service to you and to better your experience with us;

  • 6.1.6

    To identify potential trends and market influences;

  • 6.1.7

    To comply with statutory and regulatory obligations (both local and foreign).

• 6.2

  The Company shall comply with all laws, regulations, and contracts when it uses and process personal information and will not act unlawfully in this process. This imply that the information will be collected and processed in the normal course of business in a fair and reasonable and transparent manner.

• 6.3

  Your right to privacy will be respected at all times and if there are less privacy-invasive methods to collect and process the information, same methods will be used.

• 6.4

  Although the Company might, in certain circumstances be entitled to store the personal information for an indefinite period, the Company will use and store same only for as long as purposed and undertake to delete and/or destroy same when that purpose has been achieved or abandoned, unless the Company is required by law to retain the information for a longer period.

• 6.5

  The Company use cookies, and other technologies, to improve your browser experience. These are used to better understand Customer behaviour and to measure the effectiveness of offers for service and goods. Please note that cookies are regarded as non-personal information. (You have the option to disable cookies, but, if that option is exercised, some functions might not be available to the Customer.)

• 7.1

  The Company shall take all reasonable steps to ensure that the personal information collected and stored is complete, accurate, not misleading and updated when necessary;

• 7.2

  If any wrong, inaccurate, or misleading information, held by the Company, comes to the knowledge of the Customer, the Customer should report same to the information officer at [email protected].

• 7.3

  However, the Company reserves the right to investigate and verify the accuracy of the information it holds within a reasonable time frame, before effecting any amendments in terms of the complaint.

• 8.1

  The Company takes it responsibility, regarding the protection of the personal information it holds, very seriously.

• 8.2

  We are committed to the protection of the personal information it has collected, against any loss, destruction, abuse, or dissemination thereof. Any access thereto, by unauthorised persons and entities, will be prevented as far as reasonably possible.

• 8.3

  The Company will continually take steps to identify risks to the personal information it holds and put security safe guards in place to protects against such risks.

• 8.4

  Regarding operators, who access personal information on behalf of the Company, the Company will ensure that all such third parties are contractually bound to the following:

  • 8.4.1

    The operators will not process any personal information without the Company’s knowledge and authorisation;

  • 8.4.2

    All information supplied to it will be regarded as confidential and shall not be disclosed to third parties;

  • 8.4.3

    The operator will be contractually obliged to report and disclose to the Company any reasonable suspicion it holds regarding a breach of security or leak of personal information to unauthorised persons;

  • 8.4.4

    The operator will inform the Company of all instances where the operator is obliged to, or requested to disclose personal information it holds on behalf of the Company, by an authorised government agency, as far as same is by law authorised to disclose same.

• 9.1

  In the event of a breach in security or leak of personal information, the Company shall identify the affected Customers and immediately inform the relevant authorities and the effected Customers, either telephonically, via email or with a press release, if deemed appropriate by the Company, of the scale, scope, and possible consequences of said breach.

• 9.2

  Sufficient information will be disclosed to such effective parties to be able to protect their legal rights.

Customers have the following rights in relation to the processing of their personal information:

• 10.1

  to access and correct any personal information held by the Company about the Customer;

• 10.2

  to object to the processing of the information;

• 10.3

  to lodge a complaint to the Information Regulator at [email protected] or [email protected].

• 11.1

  The Customer hereby consents to the processing of their personal information.

• 11.2

  The Customer confirms that he has read and understand the contents hereof and therefor voluntarily consent hereto.

• 11.3

  In the event of the Customer wishing to withdraw his consent, he must notify the Company’s Information Officer in writing.