1. Definitions

1.1 “App” means MSM’s mobile phone or tablet application.
1.2 “MSM” means MSM Property Fund (Pty) Ltd (registration number: 2012/126574/07), a private company duly incorporated in accordance with the laws of the RSA.
1.3 “MSM’s Affiliates” means MSM’s shareholders, directors, present or past employees, consultants, service providers, suppliers, holding companies, subsidiaries, affiliates, agents, representatives and successors and assigns.
1.4 “MSM’s Platform” means the App and Website.
1.5 “MSM’s Offering” means MSM’s Platform and MSM’s Services.
1.6 “MSM’s Services” means any services provided by MSM through MSM’s Platform or otherwise.
1.7 “Law” means any law of general application and includes the common law and any statute, constitution, decree, treaty, regulation, directive, ordinance, by-law, order or any other enactment of legislative measure of government (including local and provincial government) statutory or regulatory body which has the force of law.
1.8 “Loss” means claims, damages, liabilities, losses, costs (including legal costs on a scale as between attorney and own client and any additional legal costs) or expenses of any kind, whether direct or indirect, actual, consequential, compensatory, incidental, punitive or special (including damages for loss of business, revenue, profits, data, use, goodwill or other intangible losses) including loss incurred in connection with any litigation, arbitration or administrative proceedings or regulatory enquiry regarding any aspect of MSM’s Offering.
1.8 “Personal Information” means any “Personal Information” as defined in the POPIA Act.
1.9 “POPI Act” means the Protection of Personal Information Act No 4 of 2013, as amended.
1.10 “Privacy Policy” means the privacy policy as contained herein and as amended from time to time.
1.11 “Promotional Information” means any promotional material that MSM may deem to be of interest to the User.
1.12 “RSA” means the Republic of South Africa.
1.13 “Security Information” means any information selected by the User and/or provided to the User by MSM, for the safe and secure use of MSM’s Offering.
1.14 “Terms” means MSM’s terms and conditions as amended from time to time and found at https://msmpropertyfund.com /terms.
1.15 “Third Party Providers” means any third-party service providers who have been appointed by MSM to assist with the provision of MSM’s Services, which may include offerings from third party providers that MSM may deem beneficial to a User.
1.16 “User” means any user of MSM’s Offering.
1.17 “Website” means the website owned by MSM found at https://msmpropertyfund.com/.

2. General

2.1 This Privacy Policy relates to the use of MSM’s Offering as it relates to Personal Information. Each time a User utilises MSM’s Offering, the User acknowledges that it will be providing MSM with Personal Information, which may be protected by data protection legislation, including inter alia, the POPI Act.
2.2 MSM’s Offering is provided “as is” and on an “as available” basis without any representations, warranties, promises or guarantees whatsoever of any kind including, without limitation, any representations, warranties, promises or guarantees regarding the accuracy, currency, completeness, adequacy, availability, suitability, or operation of any aspect of MSM’s Offering. Each time a User utilises MSM’s Offering, it agrees to be bound by this Privacy Policy. MSM may change this Privacy Policy at any time and will publish the amended and latest version. The User confirms acceptance of this Privacy Policy as modified, changed, supplemented, or updated by MSM.

3. Collection of Information

3.1 Personal Information is collected by MSM and will include but is not limited to the following:
3.1.1 full name and surname (as it appears on the User’s identity document or passport);
3.1.2 national ID or passport number;
3.1.3 proof of identity;
3.1.4 email address;
3.1.5 contact number;
3.1.6 residential address;
3.1.7 proof of residence;
3.1.8 banking details; and
3.1.9 personal photographs.
3.2 The User accepts that by utilising MSM’s Offering, the User consents to MSM storing and/or processing Personal Information and warrants that any Personal Information provided by the User is up to-date and accurate. MSM will only use the Personal Information obtained through the use of MSM’s Offering and for the purpose for which it was collected. The User must ensure that any Personal Information that the User posts, uploads, inputs, provides or submits to MSM does not breach or infringe the intellectual property rights of anyone else. MSM does not own, endorse any Personal Information that is transmitted, stored or processed via MSM’s Platform or sent to MSM.
3.3 The User must immediately update and inform MSM of any changes to Personal Information so that MSM can communicate with the User effectively and provide accurate and up to date information to the User.
3.4 If a User discloses Personal Information through any public message boards on MSM’s Platform, this information may be collected and used by others and in respect of which MSM has no control nor will be liable for.
3.5 MSM has no obligation to screen, edit or monitor User content on MSM’s Platform (“User Content”). However, MSM reserves the right, and has the absolute discretion to remove, screen or edit User Content. Furthermore, if MSM has reason to believe that there is likely to be a breach of security, breach or misuse of MSM’s Platform or if the User breaches any of its obligations under this Privacy Policy, MSM may suspend a user’s use of any aspect of MSM’s Platform at any time and for any justifiable reason.
3.6 MSM and the Third-Party Service Providers may use various technologies to collect information when Users interact with the various MSM interfaces, including cookies, so as to better understand Users and enhance MSM’s Offering. Cookies are small data files that are stored on a user’s device enabling the collection of key data.

4. Storage

4.1 MSM will take all reasonable technical and organisational precautions to prevent the loss, misuse, or alteration of Personal Information. However, no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and MSM cannot guarantee its absolute security.
4.2 It is the User’s responsibility to keep Security Information safe and secure and the User shall not disclose Security Information to anyone else. It is the User’s responsibility to ensure the security of any device used for the utilisation of MSM’s Offering. It is the User’s responsible for any and all activities that occur on a user’s account (if any). The User agrees to notify MSM immediately of any unauthorised use of User Content, unauthorised access to a user’s account or any other breach of security, on any basis whatsoever.
4.3 MSM will not be liable for any Loss regardless of whether MSM has been advised of the possibility of such Loss, arising out of or in connection with the use of User Content or a User’s account, either with or without the User’s knowledge.

5. Dissemination

5.1 MSM uses Third Party Providers. Third Party Providers are obligated not to disclose or use Personal Information for any other purpose other than as required for the provision of the Services and/or as specified herein. In addition, by using MSM’s Services and requesting and/or indicating that the User would like to receive Promotional Information, the User agrees to MSM and/or any Third-Party Providers sending to the User Promotional Information.
5.2 MSM’s Platform may contain links to other sites. If a User clicks on a third-party link, it will be directed to that site. Note that these external sites are not operated by MSM. MSM strongly advises a User to review the privacy policies of these websites. MSM has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party sites or services.
5.3 Links to privacy policy of Third-Party Service Providers used by MSM:
Peresec Prime Brokers
Mazjo Media
Anevis Solutions
5.4 MSM will disclose Personal Information, without notice, on the basis as specified below:
5.4.1 To conform to the provisions of any Law, any legal process in force from time to time or comply with legal process served on MSM;
5.4.2 To protect and defend the rights of MSM, or any of its Users, and or enforce and protect MSM’s rights and property (including intellectual property) and/or where MSM has a legitimate interest to do so;
5.4.3 When the User has expressly authorised MSM to do so; or
5.4.4 If MSM undergoes a change in ownership.

6. Severability and Cession

6.1 If any provision of this Privacy Policy is found to be invalid under any Law, such provision will be modified, rewritten or interpreted to include as much of its nature and scope as will render it enforceable. If it cannot be so modified, rewritten or interpreted
to be enforceable in any respect, it will not be given effect, and the remainder of this Privacy Policy will be enforced as if such provision was not included.
6.2 MSM may assign, transfer, and subcontract its rights and/or obligations under this Privacy Policy without any notification. The User is prohibited from assigning, transferring, or subcontracting any rights and/or obligations under this Privacy without MSM’s written consent.

7. Laws, regulations and jurisdiction

The use of MSM’s Offering shall be governed by and construed in all respects in accordance with the laws of the RSA, and subject to the exclusive jurisdiction of the courts of the RSA.

8. Contact Us

Any questions or suggestions regarding this Privacy Policy, shall be sent to the following addresses:
WeWork, 155 West Street Sandton, GP 2031