Privacy Policy

User” means the viewer or user of our Platforms. 

“Personal Information” as defined in the POPIA, means information relating to an identifiable, living, natural person, and were it is applicable, an identifiable, existing juristic person, including, but not limited to –

  1. information relating to the race, gender, sex, pregnancy, marital status, national ethnic or social original, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person;
  2. information relating to the education or the medical, financial, criminal or employment history of the person;
  3. any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment  to the person;
  4. the biometric information of the person;
  5. the personal opinions, views or preferences of the person;
  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;
  7. the views or opinions of another individual about that person; and
  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.

Platforms” means all our websites, mobile sites, social media platforms or any other technology or mechanism you may use to interact with us.

“POPIA” means the Protection of Personal Information Act No. 4 of 2013.

“Processing“, as defined in the POPIA, means any operation or activity or any set of operations, whether or not by automatic means, concerning Personal Information, including-

  1. the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use;
  2. dissemination by means of transmission, distribution or making available in any other form; or
  3. merging, linking, as well as restriction, degradation, erasure or destruction of information 

and “Process” shall have a corresponding meaning thereto.

The owner of the Platforms is AWIC Waterfall TM JVCO (RF) Pty Ltd, registration number 2016/010916/07, a private company duly registered in the Republic of South Africa and whose registered office is Att House, 2nd Floor, Maxwell Office, 37 Magwa Crescent, Waterfall City, Waterfall, Gauteng, 2090  (“TM JVCO”).

This privacy policy (“Privacy Policy”) aims to set out how TM JVCO  obtains, uses, Processes, protects and discloses any data and Personal Information that the User gives TM JVCO when using its Platforms .

TM JVCO   is committed to ensuring that the User’s privacy is protected. Should we ask the User to provide certain data and Personal Information, by which the User can be identified when using our Platforms, such data and Personal Information will only be used in accordance with this Privacy Policy.

What we collect
TM JVCO  may collect the following information:

Information you give us

This includes any data and Personal Information that you provide to us directly:

  • when you utilise our services;
  • by filling in forms on our Platforms, or those provided to you; or
  • when you contact us or we contact you and you provide data and Personal Information directly to us.

What data and Personal Information we collect

When you use our services, we may collect, store and Process your following information:

  • information about your computer and about your visits to and use of our Platforms when you access our Platforms (including, but not limited to your internet protocol address, geographical location, browser type, referral source, length of visit, and number of page views) and hyperlinks selected;
  • name and surname;
  • company and job title;
  • contact information, including email address, physical address;
  • demographic information, preferences and interests;
  • other information relevant to customer surveys and/or offers;
  • user-generated content, posts and other content you submit to our Platforms;
  • identity or passport number; and 
  • date of birth.

Data and Personal Information from third-party sources

  • We may receive additional data and/or Personal Information about you that is publicly or commercially available and combine that with the data and Personal Information we have collected or received about you in other ways. 

What we do with the data and Personal Information, which we gather
TM JVCO requires information to understand the User’s needs and provide the User with a better service, and in particular for the following reasons:

  • to communicate with Users;
  • internal record keeping;
  • to provide you with services and products, or to fulfil our obligations toward you; 
  • for improvement of our Platforms, products and services; 
  • to periodically send promotional emails about new products, special offers or other information which you have consented to; and/or
  • from time to time, to contact the User for market research purposes. 

We may use such data and Personal Information to customise the website according to your interests.

Security
TM JVCO  is committed to ensuring that the User’s data and Personal Information are secure. In order to prevent unauthorised access or disclosure, TM JVCO  has put in place suitable physical, electronic and managerial procedures to safeguard and secure the data and Personal Information it collects online.

How we use cookies
A cookie is a small file which asks permission to be placed on the User’s computer’s hard drive. Once the User agrees, the file is added, and the cookie helps analyse web traffic or lets us know when the User visits a particular site. Cookies allow web applications to respond to the User as an individual. The web application can tailor its operations to the User’s needs, likes and dislikes by gathering and remembering information about the User’s preferences. 

TM JVCO  uses traffic log cookies to identify which pages are being used. This helps it to analyse data about webpage traffic and improve the website in order to tailor it to customer needs. TM JVCO  only uses this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help to provide the User with a better website, by enabling it to monitor which pages the User finds useful and which not. A cookie in no way gives TM JVCO  access to the User’s computer or any information about the User, other than the data the User chooses to share.

The User can choose to accept or decline cookies. Most web browsers automatically accept cookies, but the User can usually modify the browser setting to decline cookies if preferred. This may prevent the User from taking full advantage of the website.

Links to other websites
The website may contain links to other websites of interest. However, once the User has used these links to leave our website, the User should note that TM JVCO does not have any control over that other website. Therefore, TM JVCO cannot be responsible for the protection and privacy of any data and Personal Information which the User provides whilst visiting such sites, and such sites are not governed by this Privacy Policy. The User should exercise caution and look at the privacy statement applicable to the website in question.

How we share the information, including Personal Information, of the User

TM JVCO will not sell or lease a User’s data and Personal Information, to third parties without the User’s permission

TM JVCO may share User’s data and/or Personal Information with:

  • TM JVCO’s affiliates, in other words, other companies in the TM JVCO group;
  • stakeholders in the Waterfall Estate, being the property development project including all commercial, retail, residential and other developments undertaken on the geographic area of the remainder of Portion 1 of the Farm Waterval as described in Deed of Transfer T6167/1934 as at date of registration hereof;
  • the WUQF’s, being those entities that are registered owners of land comprising of the Waterfall Estate;
  • Waterfall Management Company Proprietary Limited, with registration number 2008/15893/07, mandated by the WUQFs to manage the Waterfall Estate;
  • other parties in response to legal process, laws, or when necessary to conduct or protect our legal rights;
  • other parties in connection with certain business transactions (in the event that we restructure or sell any of our businesses or assets, we may disclose your  Personal Information to the prospective buyer of such business or assets or other transacting party); and/or
  • companies that provide services to us (companies that provide services to us or act on our behalf may have access to your data and Personal Information. These companies are limited in their ability to use data and Personal Information they receive in the course of providing services to us or you).

Retention of data

  • TM JVCO will retain User data and Personal Information only for as long as is necessary for the purposes set out in this Privacy Policy or to comply with our legal obligations, resolve disputes, and enforce our legal agreements and policies.
  • We may retain other data for internal analysis purposes. 

Transfer of data

  • TM JVCO is based in and operates from the Republic of South Africa. Your Personal Information may be transferred to and maintained on servers located outside of your country, where the data privacy laws, regulations and standards, may not be equivalent to the laws in the Republic of South Africa.
  • We may transfer your Personal Information to places outside of the Republic of South Africa and store it there, where our suppliers may Process it. If that happens, we require our suppliers to apply the same standards as when we Process your information and Personal Information in the Republic of South Africa.
  • Your consent to this Privacy Policy, followed by your submission of such Personal Information to us, represents your agreement to such transfer.
  • We will take all steps reasonably necessary to ensure that your data and Personal Information is treated securely and in accordance with this Privacy Policy.

Your rights

You have the right to ask us not to contact you for marketing purposes. You can exercise this right at any time by using any of the various “opt-out” options that we will always provide to you when we communicate with you. We won’t send you marketing messages if you tell us not to but we will still need to send you service-related messages. 
You may request details of the Personal Information which we hold about you under the Promotion of Access to Information Act, 2000 (“PAIA”). Fees to obtain a copy or a description of Personal Information held about you are prescribed in terms of PAIA. Confirmation of whether or not we hold Personal Information about you may be requested free of charge. If you would like to obtain a copy of your Personal Information held by TM JVCO , please review our PAIA Manual located at https://waterfall.co.za/wp-content/uploads/AWIC-PAIA-Manual-30062021-1.pdf

You may request the correction of Personal Information that TM JVCO holds about you. You also have a right, in certain circumstances, to request the destruction or deletion of your Personal Information. If you wish to exercise this right, please review our PAIA Manual located at https://waterfall.co.za/wp-content/uploads/AWIC-PAIA-Manual-30062021-1.pdf

In terms of Section 18(h)(iv) of the POPIA, you have the right to object to the Processing of Personal Information as referred to in section 11(3) of the POPIA.

Should you wish to exercise this right, please review our PAIA Manual located at https://waterfall.co.za/wp-content/uploads/AWIC-PAIA-Manual-30062021-1.pdf

Information Officer

We have appointed an Information Officer to oversee compliance with this privacy notice. If you have any questions about this Privacy Notice, or how we handle your Personal Information, please contact the Information Officer. 

Details of the Information Officer are as follows-

Information OfficerJacqueline Rouxanne van Niekerk (Board Member) 
Physical AddressATT House, 2nd Floor, Maxwell Office Park, Magwa Crescent, Waterfall City, 2090
Telephone Number010 549 1050
Email addresspopia@attacq.co.za

Right to lodge a complaint

In terms of Section 18(h)(v) of the POPIA, you have the right to lodge a complaint to the Information Regulator (South Africa) (“Information Regulator”).

The contact details for the Information Regulator, which may be accessed via https://www.justice.gov.za/inforeg/contact.html are as follows-

JD House

27 Stiemens Street

Braamfontein

P.O Box 31533

Braamfontein, Johannesburg, 2017

Email complaints.IR@justice.gov.za

Changes to this Privacy Policy

We may update our Privacy Policy from time to time. Any changes to this Privacy Policy will be posted on our Platforms.

You are advised to visit our website periodically and review our Privacy Policy. Changes to our Privacy Policy are effective from when they are posted on our Platforms.

For information on COVID-19 in South Africa, please visit www.sacoronavirus.co.za