Privacy Policy

Welcome to The Private Portfolio. We respect your privacy - and that of our clients - and take it very seriously.

These Terms and Conditions govern your access to and use of our private viewing platform. By accessing or using The Private Portfolio, you agree to be bound by these Terms and Conditions. If you do not agree with these Terms and Conditions, please refrain from using this platform.

1. Private Viewing Platform:
   The Private Portfolio by Hamilton's is a private viewing platform designed to ensure the privacy of our clients. Access to this platform is strictly limited to authorised users only.
2. Confidentiality and Non-disclosure requirements:
   
   1. Users of The Private Portfolio agree to maintain the confidentiality of all content viewed on the platform. Any information regarding these property listings, including but not limited to the listing’s presence on the site, images, videos, and other media, cannot be disclosed, shared, copied, distributed, disseminated or reproduced in any form without explicit, written permission from The Private Portfolio by Hamilton’s Property Portfolio.
      
      For purposes of these Terms and Conditions, confidential information does not include
      1. Information that is currently in the public domain or that enters the public domain after the signing of this document.
      2. Information a party lawfully receives from a third Party without restriction or disclosure and without breach of a non-disclosure obligation.
      3. Information that was received by the user prior to any use of The Private Portfolio.
      4. Information that is independently developed without reliance on any confidential information from The Private Portfolio or Hamilton’s Property Portfolio.
   2. In addition, users are strictly prohibited from taking screenshots, grabs or any form of recording of the content displayed on The Private Portfolio. Any attempt to capture, record, or reproduce content is a violation of these Terms and Conditions.
   3. The user agrees that it will take all reasonable measures to maintain the confidentiality of all information of the other party in its possession or control.
   4. In order to access The Private Portfolio, Users must initial this Non-Disclosure Clause, outlining their commitment to maintaining the confidentiality of all content viewed on the platform. Failure to comply with the terms of the NDC may result in the termination of access to the platform.
3. Personal Information & its usage
   
   1. We collect your personal information and contact details when you register with The Private Portfolio. Please ensure that submission of anyone else’s personal information is done with their explicit permission. We may process your personal information to fulfil our obligations to you.
   2. When you visit our website, we automatically collect your internet usage information (including your IP address, browser details and usage information) through your browser which we may use to display our website correctly, track your activities on it, or for other necessary purposes. Additionally, we automatically collect your usage information (including operating system version and other relevant system information) through analytics software other technologies, which we may use to optimise our offering to you.
   3. Cookies: We may place small text files on your device when you visit our website that allow us to provide you with a personalised experience by associating your personal information with your device. They let us remember your preferences, allow third parties to provide services to you, and otherwise serve useful purposes for you. Your internet browser generally accepts them automatically, but you can often change this setting or delete them manually. However, we won’t be able to provide you with access to certain aspects of our website where cookies are necessary if you do so. We have no access to or control over any cookies that our business partners use on our website and they have their own privacy policies that govern them.
   4. Your registration on The Private Portfolio allows us to send you administrative, update and promotional messages, as well as using your personal information to provide you with targeted content through our website. You will be notified of any new properties on the platform as they are listed. These notifications may be sent via email, a messaging platform, or both.
   5. Disclosure: we may share your personal information with third parties for the purposes of fulfilling our obligations to you, including:
      
      1. our contractors who help us meet our obligation s to you, including those that help us understand your personal information or
      2. third parties, as required for legal reasons, such as if required by the relevant authorities or a court order
      In addition we will require anyone that we share your personal information with to honour this policy whoever possible in terms of applicable law. This may include marketing purposes and our personnel but will not do so unnecessarily.
   6. Security: We take the security of personal information very seriously and always do our best to comply with applicable data protection laws. Our hosting company will host our website in a secure server environment that uses a firewall and other advanced security measures to prevent interference or access from outside intruders. We implement disaster recovery procedures where appropriate.
   7. Information Storage:
      Access: You may ask us to provide you with a description of the personal information that we hold on you, correct or update it or delete it (provided that we do not need it to fulfil our obligations to you or applicable law does not require us to keep it). We will take all reasonable steps to verify your identity before doing so. We may charge a fee to recoup our costs associated with this request if there is a cost to us associated with it and provided that applicable law allows us to do so. Please contact us on private@hamiltons.co.za with your name and any other information needed to identify you correctly if you want access to information or want us to correct, update or delete it.
   8. Accuracy: We will do our best to keep your personal information that we collect accurate, complete, and up to date.
   9. Participation: We may ask you to update your personal information from time to time, but will take steps to verify your identity to prevent unauthorised access when doing so.
   10. Retention: We will only keep your personal information for as long as is necessary to fulfil our obligations to you, unless you have given us permission to keep it longer or we are otherwise legally allowed to do so.
   11. Transfer: We may transfer your personal information outside of the country in which it was collected to a foreign country. You consent to us processing your personal information in a foreign country with less stringent data protection laws than the country in which it was collected.
   12. General: Updating or removing. You may update or remove your personal information by contacting us on private@hamiltons.co.za.
   13. Limitation: We are not responsible for anyone else’s privacy policies or practices.
   14. Enquiries: Please contact us by email on private@hamiltons.co.za if you have any questions about this privacy policy or how we handle your personal information.
4. Intellectual Property:
   All content, including but not limited to images, videos, graphics, and text, available on The Private Portfolio, by Hamilton's Property Portfolio is protected by intellectual property laws and is the property of The Private Portfolio, by Hamilton's Property Portfolio or its licensors. Users agree not to infringe upon any intellectual property rights associated with the platform.
5. Term:
   This Agreement shall commence on the Effective Date and shall continue in force until cancelled in writing by the Parties. The User acknowledges that Information disclosed to it may still be sensitive and confidential Information long after the site usage or the lifespan of the listing is concluded or abandoned. The User therefore undertakes never to disclose Information except in accordance with the provisions of this Agreement or the prior written consent of the Hamilton’s Property Portfolio.
6. User Responsibilities:
   Users are solely responsible for maintaining the security of their account credentials and ensuring that their access to The Private Portfolio, by Hamilton's Property Portfolio is not compromised. Any unauthorised access or use of the platform must be reported immediately to The Private Portfolio.
7. Termination of Access:
   The Private Portfolio, by Hamilton's Property Portfolio reserves the right to terminate or suspend access to the platform at any time without prior notice for violations of these Terms and Conditions or for any other reason deemed necessary by The Private Portfolio, by Hamilton's Property Portfolio.
8. Amendments:
   The Private Portfolio, by Hamilton's Property Portfolio reserves the right to modify or amend these Terms and Conditions at any time. Users will be notified of any changes, and continued use of the platform, after such modifications, constitutes acceptance of the revised Terms and Conditions.
9. Injunctive Relief:
   The User acknowledges that the use or disclosure of the Proprietary Information in a manner inconsistent with this Agreement will cause Hamilton’s Property Portfolio irreparable damage, and that Hamilton’s Property Portfolio shall have the right to equitable and injunctive relief to prevent the unauthorised use or disclosure, and to such damages as are occasioned by such unauthorised use or disclosure.
10. Arbitration:
    Any dispute arising out of or in connection with the provisions of this Agreement shall be referred to Arbitration and determined in accordance with the Arbitration Act of 1965, as amended from time to time, provided that no party shall be prevented from approaching a Court of competent jurisdiction for urgent interdictory relief.
11. Governing Law:
    These Terms and Conditions shall be governed by and construed in accordance with the laws of South Africa. Any disputes arising out of or relating to these Terms and Conditions shall be subject to the non-exclusive jurisdiction of the High Court of South Africa, Western Cape Court at Cape Town.
12. Domicilium Citandi Executandi:
    Any written notice in connection with this agreement may be addressed: By registering, accessing or using The Private Portfolio, by Hamilton's Property Portfolio, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you have any questions or concerns regarding these Terms and Conditions, please contact us at private-portfolio@hamiltons.co.za.

Last Updated: 22 October 2024