Navigating the legal requirements for South Africans in Mauritius

1. Terms

By accessing the website at http://propertyfinder.mu, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

Use License

Permission is granted to temporarily download one copy of the materials (information or software) on Property Finder Mauritius' website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

• modify or copy the materials;
• use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
• attempt to decompile or reverse engineer any software contained on Property Finder Mauritius' website;
• remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or "mirror" the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Property Finder Mauritius at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

The materials on Property Finder Mauritius' website are provided on an 'as is' basis. Property Finder Mauritius makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Property Finder Mauritius does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall Property Finder Mauritius or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Property Finder Mauritius' website, even if Property Finder Mauritius or a Property Finder Mauritius authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Accuracy of materials

The materials appearing on Property Finder Mauritius website could include technical, typographical, or photographic errors. Property Finder Mauritius does not warrant that any of the materials on its website are accurate, complete or current. Property Finder Mauritius may make changes to the materials contained on its website at any time without notice. However Property Finder Mauritius does not make any commitment to update the materials.

6. Links

Property Finder Mauritius has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Property Finder Mauritius of the site. Use of any such linked website is at the user's own risk.

7. Modifications

Property Finder Mauritius may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

8. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Mauritius and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

You will provide us your personal information when registering as a Registered User or as a Subscriber. By providing your data to PropertyFinder.mu you acknowledge that we may also contact you with any other communications deemed relevant to your interest in PropertyFinder.mu and its activities.

We may still contact you once your subscription has expired in reference to renewing your subscription, free content that is available or other information we believe may be of interest to you. You may choose to stop receiving emails from PropertyFinder.mu at any time by emailing support@PropertyFinder.mu

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We will not use your personal information to send you promotional information about third parties which we think you may find interesting, however if you wish us to do so, you can request in writing via email to support@PropertyFinder.mu.

We require this information to understand your needs and provide you with a better service, and from time to time, we may also use your information to contact you for market research purposes.

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online. Your enquiries will be handled by two regulated entities Total Wealth Planning FCA Reference No. 744938 and Gravitas Finance LLC and your data will be stored under both of these entities own privacy policies and GDPR provisions.

We use traffic log cookies to identify which pages are being used. This helps us analyse data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system. Overall, cookies help us provide you with a better website by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies.

The Site may contain links to External Sites. However, once you have used these links to leave the Site, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting any External Sites.

For further information on any aspect of these terms and conditions, please email support@PropertyFinder.mu

Due to the new data protection regulation which will come into force on 25 May 2018, we would like to inform you of the changes we have made to our existing agreements as to ensure that we continue to act in accordance with the applicable Data Protection Legislation.

Our existing contractual agreement contains data protection clauses which govern the way we share and process our clients and or employee’s personal data. These requirements are necessary for us to fulfil our contractual obligations while providing services to our clients.

Please find herein the most up to date version of these clauses.

The addendum below will be effective from 25 May 2018, we will assume that you agree with these amendments, if we continue to provide or receive services to or from us. GDPR implementation has been a challenge for many organisations and at PropertyFinder.mu we will be very happy to assist you with any query or clarification you may need regarding GDPR and/or our data processing procedures.

If you have any questions regarding the clauses below, please contact our compliance department on PropertyFinder.mu.

The purpose of this addendum is to update your existing agreement with PropertyFinder.mu. These changes are necessary to ensure that we can continue to act in accordance with applicable data protection laws and regulations after 25 May 2018. If you continue to provide services or products or use our services or products after the above date, we will assume that you agree with the amendments to the Agreement we have in place with you.

1. Data Protection Legislations means the Data Protection Act 1998, the EU Data Protection Directive 95/46/EC, General Data Protection Regulations GDPR 2016/679, the Regulation of Investigatory Powers Act 2000, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (SI 2000/2699), the Electronic Communications Data Protection Directive 2000/58/EC, the Privacy and Electronic Communications (EC Directive) Regulations 2003 and all applicable laws and regulations relating to processing of personal data and privacy, including where applicable the guidance and codes of practice issued by the Information Commissioner.

The words “personal data”, “data subject”, “data controller” and “data processor” herein shall have the meaning given to them in the Data Protection Act 1998 and or General Data Protection Regulations GDPR 2016/679 or as subsequently introduced.

2. In the performance of obligations under these Terms, to the extent that we are independent data controllers, we and you will comply at all times with the Data Protection Legislations. PropertyFinder.mu privacy policy and retail client terms and conditions of business explain in detail how PropertyFinder.mu operates as a data controller in respect of retail clients and how data is managed. In this context it is pointed out to retail clients that where they use US originating email addresses or cloud services owned or operated or managed by US enterprises, then email traffic to and from them may or will pass through non-EU servers.

3. We warrant to you, and you warrant to us, that, where either you or us collect personal data from clients or another third party, which one party subsequently transfers or makes available to the other, that we or you (as applicable) have:

1. Collected and processed such personal data fairly and lawfully manner;
2. Ensured that the process and disclosure of such personal data to the other party is for limited and specified purposes and in an appropriate way;
3. Ensured that the personal data being collected is adequate, relevant and not excessive for the specified purpose and the delivery of services and financial products being sold;
4. Ensured that personal data is accurate and up to date and not kept for longer than the necessary purpose;
5. Ensured that personal data is processed in line with the data subject’s rights;
6. Ensure that individuals have been fully informed of their rights to withdraw consent, right to portability, restrict processing, access their personal data, have inaccurate or incomplete data amended, have their data erased, to object to processing, not to be subject to decisions made by automated means and to be advised about the company data retention policy;
7. Ensured that personal data is kept secure from unauthorised access, accidental loss or destruction;
8. Ensured that when sending or receiving such personal data from the other party in accordance with the Terms and for the purposes of carrying out its obligations under these Terms, the sender or receiving party will not breach Data Protection Legislations;
9. Ensure that all third party recipients of client personal data are subject to written contractual obligations concerning the personal data being covered under these Terms (including obligations of confidentiality) which are no less onerous than those imposed herein;
10. You shall not act in any way in relation to the data subject personal data which might reasonably damage the reputation or goodwill of the PropertyFinder.mu;
11. You shall ensure that all necessary notices and consents are in place to enable lawful transfer of any personal data for the performance of obligations under these Terms;
12. You shall promptly inform the data subject or the information commissioner’s officer as applicable of any security breach which poses a risk to the data subject’s rights; including but not limited to loss of data, unauthorised or accidental disclosure of, or access which affects the personal data of the data subject within 72 hours of its occurrence;
13. You warrant and undertake to PropertyFinder.mu that while acting in your agent capacity under these Terms, you will ensure that your company has implemented proper technical and organisational measures and procedures to provide the safe custody, processing and destruction of personal data. In particular, the personal data will be protected by you and the company against any loss, accidental or unlawful destruction, falsification, theft, unlawful use, unauthorised modification and copying, and other unauthorised disclosures. In no event may you, the company or its affiliates subcontract the processing of personal data disclosed to you by PropertyFinder.mu without obtaining our prior written consent;
14. You agree to indemnify PropertyFinder.mu from and against any and all claims, demands, actions, causes of actions, liabilities, losses, damages, costs and expenses, including reasonable legal fees and expenses (collectively, a loss or losses) which PropertyFinder.mu may suffer as a result of any or all breaches of this Data Protection addendum;
15. The parties will provide clients with a copy of their current privacy policy and will have in place a data retention policy and shall comply with all applicable Data Protection Legislations when required to delete personal data on termination of this Terms unless required by law to store the personal data;
16. The receiving party shall inform the other party without undue delay of any data subject request received which requires the other party to correct any inaccurate or incomplete information held about the client or to erase data or restrict processing. This process will ensure that all parties are processing accurate and up to date personal data, erasing or restricting the data as required by the data subject;
17. The parties must ensure that personal data will only be transferred by secure means through SFTP or via encrypted email, API. Personal data shall not be included in any email body sent or received by the parties. If PropertyFinder.mu receives emails containing personal data within email’s body, these will be deleted;
18. Not, so far as it is within our control (recognising that global cloud based computing provided by third party providers cannot be completely controlled in respect of data transfer, disaster recovery and backup arrangements), transmit such Personal Data to a country or territory outside the European Economic Area without the other’s express approval.

Data Subjects' Rights
Each party shall assist the other in complying with all applicable requirements of the Data Protection Legislations. In particular, each party shall:

1. consult with the other party about any notices given to data subjects in relation to the data subject personal data;
2. inform the other party about the receipt of any data subject access request which the other party must respond to within 48 hours;
3. provide the other party with reasonable assistance in complying with any data subject access request;
4. not disclose or release any data subject personal data in response to a data subject access request without first consulting the other party wherever possible;
5. assist the other party in responding to any request from a data subject and in ensuring compliance with its obligations under the Data Protection Legislations with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
6. notify the other party without undue delay on becoming aware of any breach of the Data Protection Legislations;
7. maintain complete and accurate records and information to demonstrate its compliance with this these Terms and permit the other party to conduct due diligence and or audit procedures to ensure compliance with this clause;
8. provide the other party with contact details of at least one employee as point of contact and responsible manager for all issues arising out of the Data Protection Legislations, the procedures to be followed in the event of a data security breach which must be informed to the other party within 24 hours, and the regular review of the parties' compliance with the Data Protection Legislations.