Diaz Estate

Legal

Privacy Policy

How Diaz Estate HOA collects, uses, and protects personal information in line with POPIA.

Diaz Estate Homeowners Association · Effective Date: 8 May 2026

1. Introduction

Diaz Estate Homeowners Association (“Diaz Estate HOA”, “we”, “us”, or “our”) is committed to protecting your personal information in accordance with the Protection of Personal Information Act 4 of 2013 (“POPIA”) and all applicable South African data protection legislation.

This Privacy Policy explains how we collect, use, disclose, and safeguard your personal information when you visit our website (“the Website”), contact us, or use our services. Please read this policy carefully. By using our Website, you acknowledge that you have read and understood this Privacy Policy.

2. Who We Are – The Responsible Party

Under POPIA, Diaz Estate Homeowners Association is the “Responsible Party” in respect of your personal information.

If you have any questions about this Privacy Policy or wish to exercise your rights, please contact us using the details above or contact our designated Information Officer.

3. Personal Information We Collect

3.1 Information You Provide Directly

  • Full name and surname
  • Email address
  • Telephone and/or mobile number
  • Postal or physical address
  • Property details (for homeowners and residents)
  • Identification number (where legally required)
  • Any other information you voluntarily submit via contact forms, enquiries, or correspondence

3.2 Information Collected Automatically

  • IP address and browser type
  • Pages visited and time spent on the Website
  • Referring website or source
  • Device type and operating system
  • Cookies and similar tracking technologies (see Section 9)

3.3 Special Personal Information

We do not intentionally collect special personal information (such as health information, religious beliefs, race, or criminal records) unless you voluntarily provide it or we are legally required to process it. Where such information is provided, we will obtain your explicit consent.

4. How We Use Your Personal Information

We process your personal information only where we have a lawful basis to do so. We use your information for the following purposes:

4.1 Administration and Service Delivery

  • Managing homeowner and resident records
  • Processing levy payments and related financial administration
  • Responding to enquiries, complaints, and requests
  • Communicating important notices, updates, and announcements regarding the estate

4.2 Legal and Compliance Obligations

  • Complying with our obligations under the Sectional Titles Schemes Management Act, the Community Schemes Ombud Service Act, and other applicable laws
  • Maintaining accurate records as required by law
  • Cooperating with regulatory and law enforcement authorities where legally required

4.3 Website Operation and Improvement

  • Operating and maintaining the Website
  • Analysing website usage to improve content and functionality
  • Ensuring the security and integrity of the Website

4.4 Marketing and Communication

  • Sending you newsletters, community updates, or event information where you have given consent or where we have a legitimate interest to do so
  • You may opt out of marketing communications at any time by contacting us or using the unsubscribe link in our emails

5. Lawful Basis for Processing

We process your personal information on one or more of the following lawful grounds as provided under POPIA:

  • Consent – You have given us clear consent to process your information for a specific purpose.
  • Contract – Processing is necessary to perform a contract with you or to take steps at your request before entering into a contract.
  • Legal obligation – Processing is necessary for us to comply with a legal obligation.
  • Legitimate interests – Processing is necessary for our legitimate interests or the legitimate interests of a third party, provided these interests are not overridden by your rights and interests.
  • Public interest – Processing is necessary to perform a task in the public interest.

6. Sharing of Your Personal Information

We do not sell, rent, or trade your personal information. We may share your information with third parties only in the following circumstances:

6.1 Service Providers (Operators)

We engage trusted service providers who process personal information on our behalf (“Operators” under POPIA), such as:

  • IT and website hosting providers
  • Accounting and levy management systems
  • Legal advisors
  • Security service providers

All Operators are contractually bound to process information only on our instructions, to maintain confidentiality, and to implement adequate security measures.

6.2 Legal Requirements

We may disclose your information where required or permitted by law, including to law enforcement agencies, courts, regulators (such as the Community Schemes Ombud Service), or other government authorities.

6.3 Protection of Rights

We may disclose information where necessary to protect the rights, property, or safety of Diaz Estate HOA, its members, residents, or others.

6.4 Cross-Border Transfers

Should we need to transfer your personal information outside the Republic of South Africa, we will ensure that the recipient country provides an adequate level of protection or that appropriate safeguards are in place, in compliance with section 72 of POPIA.

7. Your Rights Under POPIA

As a data subject under POPIA, you have the following rights:

7.1 Right of Access

You have the right to request a description of the personal information we hold about you and to obtain a copy of that information.

7.2 Right to Correction or Deletion

You may request that we correct inaccurate, irrelevant, excessive, out-of-date, incomplete, misleading, or unlawfully obtained personal information. You may also request deletion of information we are no longer lawfully entitled to retain.

7.3 Right to Object

You have the right to object to the processing of your personal information on reasonable grounds, including processing for the purpose of direct marketing.

7.4 Right to Withdraw Consent

Where processing is based on your consent, you may withdraw that consent at any time. Withdrawal of consent will not affect the lawfulness of processing carried out before the withdrawal.

7.5 Right to Complain

You have the right to lodge a complaint with the Information Regulator of South Africa if you believe your rights under POPIA have been infringed.

To exercise any of your rights, please submit a written request to us using the contact details in Section 2. We will respond within a reasonable time, and no later than 30 days.

8. Retention of Personal Information

We retain personal information only for as long as is necessary to fulfil the purposes for which it was collected, or as required by applicable law or our legitimate business needs. Once the retention period expires, personal information will be securely destroyed, deleted, or anonymised.

Homeowner and resident records may be retained for the duration of the ownership/residency and for a period thereafter as required by law (e.g., financial records for a minimum of 5 years as required by the South African Revenue Service).

9. Cookies and Tracking Technologies

Our Website may use cookies and similar technologies to enhance your browsing experience. Cookies are small text files stored on your device when you visit our Website.

9.1 Types of Cookies We Use

  • Strictly necessary cookies – Required for the Website to function and cannot be switched off.
  • Analytics cookies – Help us understand how visitors interact with the Website (e.g., Google Analytics). Data is aggregated and anonymised where possible.
  • Preference cookies – Allow the Website to remember your settings and preferences.

9.2 Managing Cookies

You can control and manage cookies through your browser settings. Disabling certain cookies may affect the functionality of the Website. For more information on managing cookies, visit www.aboutcookies.org.

10. Security of Personal Information

We implement appropriate technical and organisational measures to safeguard your personal information against loss, unauthorised access, alteration, disclosure, or destruction. These measures include:

  • Secure server hosting with access controls
  • Encryption of data in transit using SSL/TLS technology
  • Regular security assessments and updates
  • Staff awareness and training on data protection obligations

While we take all reasonable precautions, no method of internet transmission or electronic storage is completely secure. We cannot guarantee absolute security, but we are committed to promptly notifying affected parties and the Information Regulator in the event of a data breach as required by POPIA.

11. Third-Party Links and Services

Our Website may contain links to third-party websites, social media platforms, or other services. This Privacy Policy does not apply to those external sites. We encourage you to review the privacy policies of any third-party websites you visit, as we have no control over and accept no responsibility for their content or privacy practices.

12. Children’s Privacy

Our Website is not directed at children under the age of 18. We do not knowingly collect personal information from minors without verifiable parental or guardian consent. If you believe a child has provided us with personal information without appropriate consent, please contact us immediately and we will take steps to remove such information.

13. Changes to This Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our practices, legal requirements, or operational needs. The updated policy will be posted on our Website with a revised effective date. We encourage you to review this policy periodically. Your continued use of the Website after any changes constitutes acceptance of the updated Privacy Policy.

14. Contact Us and How to Lodge a Complaint

If you have any questions, concerns, or complaints regarding this Privacy Policy or the way we handle your personal information, please contact us:

  • Name: Diaz Estate Homeowners Association – Information Officer
  • Website: Contact page
  • Email: info@neotrend.co.za
  • Telephone: 072 637 0512
  • Physical address: 35B Karveelsingel, Diazstrand, 6506, Western Cape, South Africa

We take all complaints seriously and will respond within 30 days. If you are not satisfied with our response, you have the right to escalate your complaint to the Information Regulator of South Africa (see Section 7.5).