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PRIVACY NOTICE

  1. Introduction

    We respect the privacy of everyone who visits this estate and/or submits information to the Oubaai Homeowners Association through means of manual forms or any other electronic format, including but not limited to e-mails. As a result, we would like to inform you regarding the way we would use your Personal Information. We recommend that you read this Privacy Notice and Consent notice so that you understand our approach towards the use of your Personal Information. By submitting your Personal Information to us, you will be treated as having given your permission – where necessary and appropriate – for disclosures referred to in this policy. By entering the estate or using the web site, you acknowledge that you have reviewed the terms of this Privacy Notice and Consent to Use of Personal Information (the “Privacy Notice and Consent”) and agree that we may collect, use and transfer your Personal Information in accordance therewith.

    If you do not agree with these terms, you may choose not to enter the estate or use our site, and please do not provide any Personal Information. This Privacy Notice and Consent notice forms part of our Site Terms and Conditions of Use, and such shall be governed by and construed in accordance with the laws of South Africa. This Notice explains how we obtain, use and disclose your personal information, as is required by the Protection of Personal Information Act, 2013 (POPI Act). At Oubaai Homeowners Association, we are committed to protecting your privacy and ensuring that your Personal Information is collected and used properly, lawfully and openly.

  2. Who we are

    Oubaai Homeowners Association is the entity that administers all aspects of the Oubaai Golf Estate community and serves the best interests of its members.

  3. The information we collect Collection of Personal Information

    We collect and process your Personal Information mainly to provide you with access to our estate and associated services, to help us improve our offerings to you and for certain other purposes explained below. The type of information we collect will depend on the purpose for which it is collected and used. We will only collect information that we need for that purpose.

    We collect information directly from you where you provide us with your personal a n d o t h e r a p p l i c a b l e details, when you submit enquiries or forms to us, or contact us. Where possible, we will inform you to what information you are required to provide to us and the reason the information is needed. Personal information may include, but is not limited to:

    • Your name and surname

    • The names and surnames of your family members, including children

    • Your stand number and/or physical address details

    • Your identity number

    • Your vehicle registration and licence information

    • Your biometric information for secure access purposes

    • Your email address

    • Your telephone/cell number

    • Your vehicle/s identification

    • Your bank details

    • Your biometric information for identification and access control

      Collection of Non-Personal Information

      We may automatically collect non-Personal Information about you such as the type of internet browsers you use or the website from which you linked to our website. We may

      also aggregate details which you have submitted to the site. You cannot be identified from this information, and it is only used to assist us in providing an effective service on this website. We may, from time to time, supply third parties with this non-personal or aggregated data for uses in connection with this website. We may, from time to time, supply third parties with this non-personal or aggregated data for uses in connection with this website.

  4. How we use your information

    We will use your Personal and Non-Personal Information only for the purposes for which it was collected or agreed with you, for example:

    • To confirm and verify your identity or to verify that you are a homeowner, resident, worker, contractor or visitor for security purposes.

    • To grant or withhold access to the estate to ensure that security risks are reduced

    • To carry out our obligations arising from any contracts entered into between you and us.

    • To notify you about changes to our services.

    • For the detection and prevention of fraud, crime, or other malpractice.

    • To conduct member satisfaction research or for statistical analysis.

    • For audit and record-keeping purposes.

    • In connection with legal proceedings.

    • We will also use your Personal Information to comply with legal and regulatory requirements or industry codes to which we subscribe or which apply to us, or when it is otherwise allowed by law.

    • To contact you regarding services which may be of interest to you, provided you have given us consent to do so, or you have previously requested a service from us, and the communication is relevant or related to that prior request and made within any timeframes established by applicable laws.

    • To respond to your queries or comments.

      • Where we collect Personal Information for a specific purpose, we will not keep it for longer than is necessary to fulfil that purpose, unless we have to keep it for legitimate business or legal reasons. In order to protect information from accidental or malicious destruction, when we delete information from our services, we may not immediately delete residual copies from our servers or remove information from our backup systems.

  5. Disclosure of Personal Information

    We may disclose your Personal Information to our service providers who are involved in the delivery of products or services to you. We have agreements in place to ensure that they comply with these privacy terms.

    We may share your Personal Information with, and obtain information about you from:

    • Third parties for the purposes listed above; We may also disclose your information:

    • Where we have a duty or a right to disclose in terms of law or industry codes;

    • Where we believe it is necessary to protect our rights.

  6. Personal Information Security

    We are legally obliged to provide adequate protection for the Personal Information we hold and to stop unauthorised access and use of personal information. We will, on an ongoing basis, continue to review our security controls and related processes to ensure that your Personal Information is secure.

    Our security policies and procedures will cover:

    • Physical security;

    • Computer and network security;

    • Access to personal information;

    • Secure communications;

    • Security in contracting out activities or functions;

    • Retention and disposal of personal information; acceptable usage of personal information;

    • Governance and regulatory issues;

    • Investigating and reacting to security and estate management incidents.

      When we contract with third parties, we impose appropriate security, privacy and confidentiality obligations on them to ensure that Personal Information that we remain responsible for is kept secure.

      We will ensure that anyone to whom we pass your Personal Information agrees to treat your information with the same level of protection as we are obliged to.

  7. Retention of Personal Information

    We will retain your personal information for as long as it is required for the intended purpose or to comply with the retention requirements of a law. We retain visitors’ personal information for 90 days to enable investigations into any incidents to be conducted, after which it will be destroyed. If the personal information of a visitor is contained in an incident which results in a legal proceeding, we are obliged to retain the information until the proceeding has been resolved.

  8. Access to your Personal Information

    You have the right to request a copy of the Personal Information we hold about you. To do this, please raise a request via Form 2 in our PAIA Manual available at https://oubaaigolfestate.co.za//. We will take all reasonable steps to confirm your identity before providing details of your personal information.

    Please note that any such access request may be subject to a payment of a legally allowable fee, as laid down in our POPI Act Policy.

  9. Correction of your Personal Information

    You have the right to ask us to update, correct or delete your personal information. We will take all reasonable steps to confirm your identity before making changes to the Personal Information we may hold about you. We would appreciate it if you would take the necessary steps to keep your Personal Information accurate and up-to-date by notifying us of any changes we need to be aware of.

  10. Definition of Personal Information

    According to the POPI Act ‘‘Personal Information’’ means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person. The POPI Act, which has more specific examples if you need them, can be found at the following link:

    https://www.gov.za/documents/protection-personal-information-act

  11. Right to object

    In terms of the POPI Act (POPIA) section 18. (h) (iv) you have the right to object to the processing of personal information as referred to in section 11(3) of the POPIA.

  12. Right to lodge a complaint

    In terms of the POPI Act (POPIA) section 18. (h) (v) you have the right to lodge a complaint to the Information Regulator (South Africa) (IRSA). The IRSA contact details are:

    Information Regulator South Africa Woodmead North Office Park

    54 Maxwell Drive Woodmead Johannesburg, 2191

    POPIA Complaints POPIAComplaints@inforegulator.org.za

    PAIA Complaints PAIAComplaints@inforegulator.org.za

  13. Changes to this notice

    Please note that we may amend this notice from time to time.

  14. How to contact us

If you have any queries about this notice or believe we have not adhered to it, or need further information about our privacy practices or wish to give or withdraw consent, exercise preferences or access or correct your personal information, please contact us at the numbers/addresses listed on our website https://oubaaigolfestate.co.za/ in the Oubaai Homeowners Association PAIA Manual.

PRIVACY POLICY (WEBSITE)

Oubaai Home Owners Association

https://oubaaigolfestate.co.za

Effective Date: 8 May 2026

1. Introduction

Oubaai Home Owners Association (“Oubaai 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 at https://oubaaigolfestate.co.za (“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, Oubaai Home Owners Association is the “Responsible Party” in respect of your personal information.

Contact details:

  • Name: Oubaai Home Owners Association
  • Website: https://oubaaigolfestate.co.za
  • Physical address: Oubaai Golf Estate, Herolds Bay, George, Western Cape, South Africa
  • Email: [Insert contact email address]
  • Telephone: [Insert telephone number]

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

We may collect and process the following categories of personal information:

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 Oubaai 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.

Information Regulator contact details:

  • Website: www.inforegulator.org.za
  • Email: inforeg@justice.gov.za
  • Telephone: 012 406 4818

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: Oubaai Home Owners Association – Information Officer
  • Website: https://oubaaigolfestate.co.za
  • Email: [Insert Information Officer email]
  • Telephone: [Insert telephone number]
  • Physical address: Oubaai Golf Estate, Herolds Bay, George, 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).

This Privacy Policy was last updated on 8 May 2026

© 2026 Oubaai Home Owners Association. All rights reserved.

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