Privacy Policy

1. Introduction

The Protection of Personal Information Act 4 of 2013 ("the Act") serves the purpose of giving effect to the constitutional right to privacy by ensuring information is processed responsibly to prevent security breaches, theft, and discrimination. At REMAX Southern Africa ('REMAX SA'), we value your trust and put our best efforts to uphold the provisions of the Act for your protection and peace of mind. The Act sets out requirements for the processing of personal information, which REMAX SA in this policy echoes. This policy will give you insight into how REMAX SA processes and protects the personal information you provide us with through your various interactions with us.

Just a few definitions to assist you in navigating the document:

• “Responsible Party” is the person or entity that determines the purpose of and means for processing personal information (as defined in section 1 of POPIA).
• “Data Subject” is any person that provides a Responsible Party with their personal information
• “Operator” is any person who processes information of a Responsible Party in terms of a contract or mandate. An example of this is where a Responsible Party outsources a function of their business to a third party

2. What is personal information, and what personal information do we collect about you?

According to the Act, 'personal information' means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person.

As a Responsible Party:

For clients:

• Identity data: name and registration number of your company or entity if you are a legal person, first name and surname and identity number if you are a natural person or the representative of a legal person
• Contact data: address, email address, contact number
• Financial data: registered sales values and reported sales values.
• Transaction data: details about payments and products/services you have purchased from us
• Technical data: includes IP address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this Website. As well as information about your visit, including the full URLs, clickstream to, through and from our Website (including date and time), products you viewed or searched for, page response times, errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs) and methods used to browse away from the page
• Profile data: username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses
• Usage data: information about how you use our Website, products and services.
• Marketing and communications data: your preferences in receiving marketing from us and our third parties and your communication preferences.

For employees:

• Identity data: your first name and surname
• Contact data: address, email address, contact number
• Financial data: bank account details
• Technical data: includes IP address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this Website. As well as information about your visit, including the complete URLs, clickstream to, through and from our Website (including date and time), products you viewed or searched for, page response times, errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs) and methods used to browse away from the page
• Profile data: username and password for any employee-related service

For third parties, where applicable (such as suppliers or potential customers):

• Identity data: your first name and surname
• Contact data: address, email address, contact number
• Financial data: bank account details
• Transaction data: details about payments and products/services you have supplied to us
• Technical data: includes IP address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this Website. As well as information about your visit, including the full URLs, clickstream to, through and from our Website (including date and time), products you viewed or searched for, page response times, errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs) and methods used to browse away from the page
• Usage data: information about how you use our Website, products and services.
• Marketing and communications data: your preferences in receiving marketing from us and our third parties and your communication preferences.

As an Operator:

Please note as an Operator we process certain information on behalf of our clients to fulfil the contract entered into with our client. As an Operator we are not liable under the Act as a Responsible Party. However, we must protect and secure the information in terms of the Act. As an Operator we process the following information on behalf of our clients:

• Identity data: first name and surname
• Address: physical location
• Contact data: mobile number
• Financial data: bank account and card details supplied to the client by their data subject
• Transaction data: details about payments and products/services that the data subjects of our clients have purchased
• Profile data: username and password, purchases or orders made by the Date Subject, their interests, preferences, feedback and survey responses
• Marketing and communications data: Data Subject's preferences in receiving marketing from you, as our client, and their communication preferences.

"Special Personal Information" means the categories of personal information identified in section 26 of POPIA, namely information concerning a data subject's religious or philosophical beliefs, race or ethnic origin, trade union membership, political persuasion, health or sex life, biometric information, or criminal behaviour. REMAX SA only collects the race of some data subjects (employees and agents) for statistical purposes as required by legislation. REMAX SA does not, in the ordinary course of its business, process any other Special Personal Information.

3. Acceptance of our policy

By using our product/services, you understand that we will collect and use your personal information as indicated in this policy.

REMAX SA processes personal information only on one or more of the lawful bases recognised by section 11(1) of POPIA, namely:

• the consent of the data subject;
• where processing is necessary to carry out actions for the conclusion or performance of a contract to which the data subject is a party;
• where processing complies with an obligation imposed by law on REMAX SA (for example, the Financial Intelligence Centre Act 38 of 2001, the Properties Practitioner Act 2019, the Companies Act 71 of 2008);
• where processing protects a legitimate interest of the data subject; or
• where processing is necessary for the legitimate interests of REMAX SA or of a third party to whom the information is supplied, and those interests are not overridden by the interests or fundamental rights of the data subject.

Where consent is the lawful basis on which we rely, consent is obtained in a voluntary, specific and informed manner using the prescribed form. Mere use of our products, services or website does not, in itself, constitute consent for processing that requires it.

A data subject may withdraw consent at any time by writing to the Information Officer. Withdrawal does not affect the lawfulness of processing carried out before withdrawal and does not affect processing that is taking place on a lawful basis other than consent.

Where personal information is required for the conclusion or performance of a contract with the data subject and the information is not provided, REMAX SA may be unable to perform the contract.

4. How do we collect your personal information?

• Direct interactions: by way of filling in forms, email or telephone correspondence, purchasing or subscribing to products/services, and via our Website.
• Automated technologies or interactions: we automatically collect technical data about your equipment, browsing actions and patterns as you use our Website. We collect this personal information by using cookies and other similar technologies.
• Third parties or publicly available sources: example, business partners, sub-contractors or credit reference agencies.

5. How do we use your or your Data Subject's personal information?

REMAX SA will only use your personal information when the law allows us to. We will most likely use your personal information in the following circumstances:

• Where we need to perform the contract, we are about to enter into or have entered into with you
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests
• Where we need to comply with a legal or regulatory obligation

6. What will we use your or your Data Subjects personal information for (where applicable)?

• To register you as a new customer
• To employ you as an employee of REMAX SA and to enable us to fulfil our function as an employer
• To process and deliver in terms of our Agreement, including processing your Data Subjects information as an Operator, manage payments, fees and charges
• To collect and recover money owed to us
• To manage our relationship with you, as a client which will include: notifying you about changes to our terms or privacy policy and asking you to leave a review or take a survey
• To administer and protect our business and the Website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
• To use data analytics to improve our Website, products/services, marketing, customer relationships and experiences

We will only use your personal information for the purposes for which we collected it unless we reasonably consider that we need to use it for another reason. We may process your personal information without your knowledge or consent in compliance with the Act, where this is required or permitted by law.

7. Marketing

REMAX SA does not conduct direct marketing to identifiable individuals. Our marketing activities are conducted through reputable third-party digital advertising platforms, including platform-based audience and advertising tools such as those provided by Google and Meta.

Where audience targeting is utilised, audiences are created using anonymised and aggregated information rather than personally identifiable information. We rely primarily on pre-defined, in-platform audience segments and targeting functionalities provided by these platforms, and we do not create or maintain independent contact lists for behavioural advertising or retargeting purposes.

We do not store or use personal customer information for retargeting or behavioural advertising strategies. Any audience matching, optimisation, or analytics functions are performed securely within the relevant third-party platforms and are subject to those platforms' own privacy and security standards.

You may set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of our Website may become inaccessible or not function properly.

8. Disclosure of personal information

We will not sell personal information and no personal information will be disclosed to anyone except as provided in this policy. We may disclose your personal information if required by a subpoena or court order; or to comply with any law or regulation.

We may share your personal information:

• with REMAX affiliated companies in terms of our Agreement with you, as permitted by law (eg REMAX LLC)
• with our service providers under contract, as permitted by law
• with credit bureaus to report account information, as permitted by law
• with social media platforms when you use tools or functionality on our Website provided by those platforms (such as "recommend" or "share" buttons); and with marketing partners where you register for events, webinars or other related events
• with public or government authorities to follow applicable law or to respond to legal process (like a subpoena). We also may share your personal information when there are threats to the physical safety of any person, violations of this policy or other agreements, or to protect the legal rights of third parties, including our employees, users, or the public as required by law
• for business transactions like a merger, or sale of our assets, or as part of the due diligence for such contemplated transactions. If a corporate transaction occurs, we will provide notification of any changes to control of your personal information, as well as choices you may have
• with your consent. For example, when we post user testimonials that may identify you and
• with your employer or organisation where you create an account or user role with an email address assigned to you as an employee, contractor or member of an organisation, that organisation may find your account and take specific actions that may affect your account
• 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. Any of our employees or personnel that handle your personal information will have signed non-disclosure and confidentiality agreements.

9. International transfers

REMAX SA may, from time to time, transfer personal information to a third party in a foreign country (for example a cloud-hosting provider, REMAX LLC etc). Such transfers take place only where one of the grounds in section 72(1) of POPIA is satisfied, namely:

(a) the recipient is subject to a law, binding corporate rules or binding agreement that provides an adequate level of protection that effectively upholds principles for reasonable processing substantially similar to those in POPIA, including in respect of any onward transfer of the information;

(b) the data subject has consented to the transfer in a voluntary, specific and informed manner;

(c) the transfer is necessary for the performance of a contract between the data subject and RE/MAX SA, or for the implementation of pre-contractual measures taken in response to the data subject's request;

(d) the transfer is necessary for the conclusion or performance of a contract concluded in the interest of the data subject between REMAX SA and a third party; or

(e) the transfer is for the benefit of the data subject and either it is not reasonably practicable to obtain consent, or, if it were reasonably practicable to do so, the data subject would be likely to give consent.

9. Profiling

We do not do any profiling and automated decision-making.

10. How secure is our data?

We have put into place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed, such as password protection, two-factor authentication, device control policies and other stringent security measures. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties.

Where there are reasonable grounds to believe that the personal information of a data subject has been accessed or acquired by an unauthorised person, REMAX SA will, in line with section 22 of POPIA:

(a) notify the Information Regulator and the affected data subject(s) as soon as reasonably possible after the discovery of the compromise (subject to the limited exception where notification would impede a criminal investigation);

(b) communicate the notification to the data subject in writing and by mail, or e-mail; or placed in a prominent position on our website; or published in the news media; or as may be directed by the Regulator; and will include a description of the possible consequences of the security compromise, a description of the measures we intend to take or have taken to address the compromise; a recommendation regarding the measures the data subject should take to mitigate the possible adverse effects; and if known to us, the identity of the unauthorised person who may have accessed or acquired the personal information.

REMAX SA executes regular penetration testing using third-party software to test the strength of its technical defences on an ongoing basis.

11. How long will we use your personal information for?

We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including to satisfy any legal, accounting operational or reporting requirements.

To determine the appropriate retention period for personal information, we consider the amount, nature and sensitivity of the personal Information, the potential risk of harm from unauthorised use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means and the applicable legal requirements.

REMAX SA retains personal information only for as long as is necessary to achieve the purpose for which it was collected or subsequently processed, except where (a) retention is required or authorised by law (b) we reasonably require the record for lawful purposes related to our functions or activities; (c) retention is required by a contract between us and the data subject; or (d) the data subject has consented to the retention.

In line with section 14(4) and (5) of POPIA, when we are no longer authorised to retain personal information, we will destroy or delete the record, or de-identify it, as soon as reasonably practicable, in a manner that prevents reconstruction in an intelligible form.

12. What are your legal rights?

Under certain circumstances you are entitled to:

• Request access to your Personal Information
• Request correction of your Personal Information
• Request erasure of your Personal Information
• Object to processing of your Personal Information
• Request restriction of processing your Personal Information
• Request transfer of your Personal Information
• Withdraw consent
• Not be subjected to automated decision-making

13. Promotion of Access to Information Act 2 of 2000 (“PAIA”)

REMAX SA has compiled a manual under section 51 of PAIA. The manual is available on the REMAX SA website at www.remax.co.za and at the principal place of business of REMAX SA at 39 Tokai Road, Kirstenhof, Cape Town for inspection during normal business hours.

The prescribed request form (Form 2 to the PAIA Regulations) and information on applicable fees may be obtained from the Information Officer or downloaded from the manual on our website.

14. Personal information of children

We do not collect any personal information of a child.

15. Your duty to keep your personal information with us updated

This policy was last reviewed and updated on 28 April 2026. We review this policy at least annually and whenever there is a material change to our processing activities, the legislation governing the processing of personal information, or the guidance issued by the Information Regulator. The current version of this policy is always available on our website.

The personal information we hold about you must be accurate, complete and up to date (in line with section 16 of POPIA). Please notify the Information Officer in writing if any of your personal information changes during your relationship with us, so that we may correct or update our records.

16. Queries or complaints

Should you have any queries or complaints about this policy, you may email our information officer at informationofficer@remax.co.za.

You are also entitled to refer any concerns to the South African Information Regulator:

Address: Woodmead North Office Park, 54 Maxwell Drive, Woodmead, Johannesburg, 2191.

Email address: complaints.IR@justice.gov.za