LEGAL DOCUMENTATION

Operations

Business Rescue Strategy:

Highlights Growthpoint’s business rescues strategy in line with Chapter 6 of the Companies Act 71 of 2008, as amended (“Companies Act”). This legislation was mainly introduced to reduce the amount of liquidations in the industry, to save employment and to replace the old “Compromise of creditors” in terms of section 155 of the Companies Act.

Credit Policy and Processes:

Provides guidance on leasing facilities to our clients with the minimum of risk and the ongoing improvement in processes and service to enable a secure and sustainable return to our shareholders.

Environmental Policy: (Click to download) 

(Click to download) Growthpoint’s commitment to responsible environmental conduct. Areas of consideration include climate change and carbon emissions, energy, water, waste, renewable energy and biodiversity.

Health and Safety Policy:

Our policy prepared in line with the Occupational Health and Safety Act No 85 of 1993, which provides for the health and safety of people at work and when using plant and machinery, as well as the protection of people other than those at work against hazards to health and safety arising out of or in connection with the activities of people at work.

Incident (I) and Accident (A) investigation:

This policy clearly highlights the procedure of incident and accident investigation in a three-step process:

Emergency phase: Take immediate action, secure the scene, and report the incident.
Investigation phase: Collect evidence, ID and interview witnesses, analyse evidence and compile report, I/A investigation meeting – report to government/chief inspector.
Closure phase: Follow-up, compensation commissioner.

Evacuation:

This policy ensures that regular emergency evacuation drills are practised (at least twice a year) so that in the event of an emergency, the entire workforce is well prepared. With regular practice, all staff should be able to reach their assembly points unhurt and safe (the injury procedure is also outlined) within 15 minutes, with the help of evacuation marshals, zone marshals, firefighters, first aiders, and security personnel.

Emergency Medical Procedures:

This highlights the medical protocol that first aiders should follow. It ensures that first aiders are competent and able to treat fellow employees in the workplace and that they ensure the first aid boxes in the department/work area are regularly checked, sealed, and stocked as per the Department of Labour’s requirements.

Smoking:

Growthpoint is committed to compliance with all relevant employment legislation, such as legislation on smoking by the South Africa Government. Smoking at the workplace is regulated by the Tobacco Products Control Act No 83 of 1993. This policy is applicable to all Growthpoint employees, visitors, and any other person who assists in the carrying on of all aspects of the day-to-day functioning

Alcohol and Drug Misuse at Work:

This policy aims to promote greater awareness of how alcohol and drug dependency can be prevented, encourage support and self-referral or intervention at an early stage of dependency, and manage dependency so that there is an efficient and supportive working environment.

Road Safety:

This policy statement clearly outlines the responsibilities of the company and its employees who drive a vehicle on company business. It relates to training, mobile phones, alcohol and controlled drugs, hours of driving/work and breaks, accident investigation, accident classification, accident procedure, reporting the accident, vehicle maintenance and disciplinary action.

Local Economic Development and Transformation Policy and Procedure:

This policy document is intended to outline the principles and procedures to be adhered to when engaging with businesses in local communities within which Growthpoint operates.

Local Economic Development and Local Participation Policy :

This highlights that all established contractors appointed on Growthpoint’s projects are required to partner with emerging local enterprises (contractors and suppliers) for developmental purposes, with a clear empowerment strategy with targets.

Managing of Covid-19 Policy:

This policy sets out:

Growthpoint’s approach to COVID-19 and how the business, its employees and its stakeholders are to act in order to decrease the spread of this illness and lower its impact in the workplace. The related measures and controls which have been implemented within Growthpoint’s operations, workplaces and facilities with immediate effect, in order to address and manage the risks and hazards posed by this coronavirus.

Procurement Policy:

This policy supports the basic principles associated with procurement i.e. value for money, open and effective communication, ethical and fair dealing, accountability and reporting within the ambit of superior service delivery. The policy is committed to:

A fair and transparent process
Contributing to economic empowerment as per the B-BBEE Code of Good Practice Management and monitoring progress against procurement objectives Holding individuals accountable for purchasing decisions meeting full requirements

Sponsorship Policy and Procedure:

Sets out the procedure for considering and approving proposals as and when suitable opportunities present themselves. Additionally, it highlights sponsorship criteria and guidelines.

Supplier Code of Conduct Policy:  (Click to download)

Growthpoint Properties (“Growthpoint”) is firmly committed to full compliance with international human rights, labour standards, environmental laws, and ethical business practices. Growthpoint’s commitment to ethics and sustainability is implemented by focusing on particular elements relative to ESG. These include but are not exclusive to ethical practices within our supply chain and their related policies, business strategy, net zero carbon ambitions, impact on communities, Human Rights, Local Economic Development, and good labour practices.

Supplier ESG Policy:  (Click to download)

This Supply Chain ESG Policy outlines the scope, roles, responsibilities, commitments, and practical implications for Growthpoint and its staff concerning Growthpoint’s Supplier Code of Conduct. In addition, it sets out Growthpoint’s position and approach in a procurement context concerning environmental, social, and governance (ESG) values and commitments. The intention is to enable positive collaboration with suppliers, improve ESG performance, and protect Growthpoint from reputational, legal, business, and physical risks associated with poor ESG performance in its supply chain.

Valuation Policy

To ensure that Growthpoint’s valuations represent the fair value of its property portfolio as at interim and full-year reporting periods.

Human Rights Position Statement: (Click to download)

Growthpoint acknowledges its responsibility to respect human rights in its business. Our human rights position statement elaborates on the requirements within our Business Code of Conduct and Ethics to treat everyone whom we encounter with fairness, respect and dignity.

The Board

Audit Committee Terms of Reference:

Assists the Board in ensuring adequate processes are implemented and maintained, adequate accounting records are maintained and managed, design-effectiveness of internal financial controls, and the integrity of the Annual Financial Statements.

Board Charter:

Provides the overall purpose and objectives of the Board, membership and responsibilities, accountability, and self-assessment

Board Gender Diversification Statement:

Growthpoint’s commitment to gender diversification on the Board. In the event that the size of the board is increased and/or any of the current non-executive directors retires or steps down, preference will be given to women with the necessary skills, experience, independence and knowledge, taking into account Growthpoint’s circumstances and needs. Growthpoint’s aim is that at least 30% of the Board should comprise women.

Board Racial Diversity Statement:

Growthpoint’s commitment to racial diversification on the Board. The Board shall at all times and to the extent practically possible, strive to meet the legislated and/or regulated Employment Equity targets applicable from time to time at Board level.

Governance and Nominations Committee Terms of Reference:

Responsible for the establishment, reviewing, and monitoring of the adequacy, efficiency and appropriateness of the corporate governance structure and practices and ensuring compliance with the King IV Report on Corporate Governance for South Africa, 2016 (“King IV”), the Listings Requirements of the JSE, the Companies Act, 71 of 2008, as amended (“Companies Act”) and the Companies Regulations, 2011 (“Regulations”), the Growthpoint Memorandum of Incorporation (“MOI”), Environmental, Social and Governance (“ESG”) criteria, and any other applicable laws and regulatory provisions.

Guides the Nomination Committee in the appointment of board members and ensures consideration is given to the knowledge, skill, experience, diversity and independence of appointees. The policy also refers to gender diversity targets, the issue of multiple directorships and tenure

Nomination Policy: (Click to download)

The policy guides the Nomination Committee in the appointment of board members and ensures consideration is given to the knowledge, skill, experience, diversity and independence of appointees. The policy also refers to gender diversity targets, the issue of multiple directorships and tenure.

Property and Investment Terms of Reference:

This committee will assist in the consideration of proposed acquisitions and disposals of Investments, annual budgets including capital expenditure and refurbishments and reviewing annual investment valuations. Recommendations are provided to the Board.

Risk Management Committee Terms of Reference:

Ensures ensuring that the Board is assisted in the discharge of its duties relating to corporate accountability and the associated risks in terms of management, assurance, and reporting.

Social Ethics and Transformation Committee Terms of Reference:

The Committee acts for the Company and its subsidiaries, other than subsidiaries or controlled entities that are not managed by the Company or any of its subsidiaries. Considerations, evaluations and monitoring are continuously done on broad-based economic empowerment, enterprise development, social and economic development, oversight of values and the ethical framework, good corporate citizenship, the environment, climate change, procurement, consumer relations, transformations charter, employment equity, and the stakeholder-inclusive approach.

Human Resources and Remuneration Committee Terms of Reference:

Facilitate the determination of all the essential components of remuneration and the criteria for the review of the performance of Executive Directors and senior management in discharging their functions and responsibilities.

HR

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Cell Phone Policy:

Determines eligibility and outlines the reimbursement process as well as income tax legislation and SA Revenue Services (SARS) practice.

Conditions of Employment Statement:

The information contained in this document is intended as a guide to understanding the principles that underline the “way of life” at Growthpoint Properties. It will include policies and procedures to guide employees conduct as well as indicate the legislative compliance from Growthpoint.

Confidentiality of Employee Information Agreement:

The confidentiality of employee information will be maintained at all times:

The employee’s right to privacy will be upheld and always respected.
All employee information will be maintained in alignment with the Protection of Personal Information Act, 4 of 2013
Checks will be conducted only where there is a reasonable and justifiable business requirement.

Disability Policy:

This policy serves as a guideline to promote equal opportunities and fair treatment for people with disabilities or those suffering from ill-health as prescribed by the Employment Equity Act (the Act). The objective is to assist the employer and employees to understand their rights, obligations, and the process to ensure fairness and consistency.

Disciplinary Policy:

This policy is intended to provide a guideline to employees in terms of what is deemed as unacceptable behaviour. This policy outlines a fair and equitable disciplinary code and procedure for all employees in compliance with current employment legislation. There is a documented level of offences used in alignment with this policy.

Breach of the Company’s Business Practice:

Growthpoint believes that it employs people who perform to the best of their ability and act in accordance with its philosophies. Any transgression of our practices will be dealt with on an individual basis, in the best interests of the company. If any of the company’s standards are breached, and such a breach requires formalised intervention, Growthpoint will, where appropriate and practical, intervene and act in accordance with the guidelines for fair procedure set out in the relevant policies and legislation.

Diversity and Inclusion Forum Constitution:

The Diversity and Inclusion Forum has been established to represent employees in matters which relate to Employment Equity and Skills Development.
The purpose of the forum is to:

Facilitate the achievement of the Employment Equity and Growthpoint’s transformation agenda.
Create awareness and support the organisation’s initiatives in relation to transformation.
Promote the empowerment and advancement of designated groups.
Consult on matters related to Skills Development and Employment Equity in line with legislation.

Education Bursary Scheme Policy:

The focused educational opportunities available to employees to enable them to obtain qualifications necessary for career advancement within Growthpoint.

Employment Equity (EE) Statement:

Growthpoint is committed to creating a diverse and transformed working environment, which will provide equal opportunity to all its employees, whilst giving special consideration to employees from designated groups. Growthpoint will take steps to:

Promote equal opportunities in the workplace by eliminating unfair discrimination in all its employment policies and or practices; and implement Affirmative Action (AA) measures, to redress imbalances in employment experienced by designated groups, to ensure their equitable representation in the workplace

Employee Risk Management Statement:

People are our most important asset and in order to comply properly with acceptable standards of corporate governance and international best practice, we continuously review our practices and ensure that employees comply with the required standards. Where necessary from a business perspective, the following checks will be conducted from time to time:

Verification of qualifications and experience
Credit checks.
Criminal record checks.
Potential conflict of interest.
Other checks as may be required.

Financial Assistance:

Set out the conditions under which Growthpoint may provide financial assistance to employees, which include, undue personal hardships. Situations of undue personal hardships are those that are unforeseen/unanticipated (emergency situations), which the employee could not have provided for and no other institution will provide for.

Flexible Working Policy:

Provide employees with the flexibility to work at their most productive time and to give balance to all aspects of employee’s lives. This policy will apply to employees who are eligible by the nature of their role, this means that their day-to-day job will not be affected negatively by the flexible working options detailed further in the policy.

Grievance Policy:

Growthpoint is committed to promoting effective working relationships and an environment in which employees feel comfortable to raise work-related grievances, without prejudice or victimisation. A grievance can be raised in the following instances:

When an employee has a matter affecting them as individuals in the course of their employment where they have concerns, problems, or complaints, or When an employee has matters affecting their personal dealings or relationships with colleagues (junior or senior) which affect their work.
Remuneration Policy:

Growthpoint is committed to ensuring that its remuneration policy and philosophy are fair, responsible and aligned with all South African legislation as well as the “Equal Pay for Work of Equal Value” code of good practice.

Job Grading, Payscale Guidelines and Process:

The Paterson Grading System is used by Growthpoint to evaluate positions and classify them according to their relative significance.

Benefits Statement:

We reward employees for the value they add through payment of an industry-competitive remuneration package, a variable performance reward and employee ownership in the form of share incentive scheme participation. Any additional benefits are granted in line with the Income Tax Act of 1962. These benefits include rewards for exceptional performance gifts, ongoing service awards, professional memberships and clothing allowances.

Medical Aid:

The requirement for all permanent employees to become a member of one of the company’s medical aid schemes, unless an employee is entitled to medical benefits in terms of another scheme as a dependent and proof of such membership is provided annually.

Insider Information:

From time to time, employees may be privy to price-sensitive and unpublished information relating to the company and its clients. Trading on the basis of such information is prohibited.

Leave Policy:

Leave provisions for employees. The objective is to ensure that all staff are clearly informed of the procedures regarding eligibility for leave and the leave application process. Leave types specified are annual leave, sick leave, family responsibility leave, bereavement leave, maternity leave, adoption leave, paternity leave, study leave, religious leave, special leave, unpaid leave and disability leave.

Personal Relationship Policy:

This policy is intended to provide guidance in cases where personal relationships may exist or form between employees in the professional working environment. Boundaries between personal and business interactions are necessary to achieve a productive, comfortable and professional work environment. Growthpoint would like to encourage fair treatment and the avoidance of actual, potential or perceived favouritism, conflict of interest and opportunities for collusion in the event of personal relationships in the work environment. It is not the intention of Growthpoint to infringe on personal freedoms nor to intrude on the privacy of individuals.

Recruitment Policy:

Gives guidance to management on attracting the most suitable candidates to fill vacant positions. In addition, the policy aims to provide guidance on the recruitment of candidates so as to comply with the provisions of the Labour Relations Act No 66 of 1995 (as amended) and the requirements of the Employment Equity Act No 55 of 1998 (as amended).

Representing the Company:

All employees are required to represent the company to external persons and / or clients, you are expected to ensure that all information shared is not confidential and is factually correct Retirement Policy: This policy provides guidance on the group’s retirement (provident and pension) fund, early retirement benefits, the low-risk portfolio option, the staff incentive scheme, retirement counselling and financial planning in the event of retirement.

Serious illness insurance Policy:

Growthpoint provides cover to employees with serious illnesses such as cancer, kidney failure, and heart attacks The policy lays out the terms and conditions of this benefit.

Sexual Harassment Policy:

Highlight whether the conduct reported is sexual harassment using the definition set out in the Code of Good Practice on the handling of sexual harassment cases. Notice 1367 of 1998 in terms of Section 203(2) of the Labour Relations Act 66 of 1995. It further highlights the investigation process (in a confidential manner) and how a formal grievance can be laid.

Share dealings Policy:

Governs share dealings by directors and executive members and the imposition of closed periods. Prior clearance to deal is required from the Board Chairman and / or Group CEO. Deal disclosure is dealt with in terms of the Listing Requirements of the JSE Limited.

Social Media Policy:

This policy governs the use of social media by Growthpoint Properties Limited and all its subsidiaries or affected company’s employees, associates and contractors, in both a personal and professional capacity.

Substance abuse Policy:

Stipulates behaviour that constitutes a breach of company policy and a breach of an employee’s duty to act in good faith towards Growthpoint.

Travel Policies:

International Travel Policy This policy sets out the travel and accommodation arrangements for Growthpoint employees or other authorised persons while away on international business travel. Local Travel Policy This policy sets out the travel and accommodation arrangements for Growthpoint employees or other authorised persons while away on local business travel.

IT

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Information Technology:

Employees are required to comply with the company’s practice on issues relating to the legitimate use of computers, software, electronic information and networks. In the interests of supporting the availability, integrity and confidentiality of information systems and associated data, the company has established controls to protect its computing resources.

IT Governance Policy:

Our IT governance for stakeholders and, its principles, practices, processes and governance structures. The purpose of this policy is to embed IT governance as a subset of corporate governance within Growthpoint, to outline the scope, required effort and responsibility with regards to developing, implementing, and maintaining Growthpoint IT governance and to identify the commitment to the development and maintenance of Growthpoint IT governance.

IT Demand Management Policy:

Outline areas of responsibility for the management of IT demand. It supports King IV requirements to oversee the adequacy and effectiveness of technology and information management with specific reference to assessing return on investment. It further ensures IT investment selection is aligned with business priorities and that all IT programmes and projects undertaken will deliver value to the business.

Information Management Policy:

The purpose of this policy is to provide a foundation for; and allocate responsibility for information management within Growthpoint. Additionally, this policy aims to:

Outline the benefits of effective and efficient information management. Provide principles to assist with managing information. Provide guidance and policy for information management within Growthpoint. Define roles and responsibilities with regards to information management.

Information Security Policy:

The purpose of this policy is to outline Growthpoint Properties (Growthpoint) principles regarding information security management and ensure all parties are aware of their responsibilities with regards information security management within Growthpoint. This policy applies to all employees, functions and departments within Growthpoint, including Third Parties acting on behalf of Growthpoint. The policy serves to govern information security as part of responsible internal asset use and good governance within Growthpoint.

Acceptable Usage Policy:

This sets out employees’ obligations to safeguard Growthpoint’s competitive advantage and business continuity as well as to ensure the ongoing confidentiality, integrity, and availability of all Growthpoint’s computer resources. All employees are bound by the terms and conditions of this policy. Compliance to this policy is mandatory.

Computer Usage:

Sets out employees’ obligations to safeguard Growthpoint’s competitive advantage, business continuity, and to ensure the ongoing confidentiality, integrity and availability of all Growthpoint’s computer resources.

Information Security Incident Response Policy:

This Policy ensures that information security incidents are appropriately and consistently responded to. When information security incidents (including cyber security incidents) are imminent or do occur, it is imperative to ensure they are dealt with in an effective and efficient manner, to limit and reduce their impact, whether financial, reputational, regulatory, legal, or otherwise.

Cyber Security Policy:

This policy ensures that Growthpoint IoT network is secured on various levels.

Business Continuity Management Policy: (Click to download)

The purpose of this policy is to formalise the Business Continuity Management (BCM) programme for Growthpoint Properties (GPP) and to provide guidelines for developing, maintaining, and exercising the Business Continuity Plans (BCPs) for all divisions/departments at Head Office, and the Regional Management Offices. It further ensures the establishment of basic principles and framework necessary to ensure emergency response, resumption and recovery, restoration and permanent recovery of the operations and business activities during a business interruption event.

Enterprise Architecture Policy:

The purpose of this policy is to embed enterprise architecture as a subset of IT governance within Growthpoint. It outlines the scope, required effort and responsibility with regards to developing, implementing and maintaining an enterprise architecture within Growthpoint.

Additionally, this policy:

Ensures that the enterprise architecture process in Growthpoint is adopted and deployed Defines the roles and responsibilities of enterprise architecture in Growthpoint Ensures that the enterprise architecture is optimised such that it meets Growthpoint’s business requirements. Provides a set of enterprise architecture principles for enterprise architecture decisions Ensure compliance with Growthpoint Enterprise Architecture Reduce the risk profile of Growthpoint Enterprise Architecture.

Data Governance Policy:

The purpose of this policy is to provide a foundation for data governance within Growthpoint.

Additionally, this policy aims to:

Outline the benefits of effective and efficient data governance
Provide principles to assist with making data governance decisions
Provide guidance and policy for data governance within Growthpoint
Stipulate the required processes and procedures for data governance within Growthpoint
Maintain the quality of data such that it supports Growthpoint’s business requirements
Allocate responsibility for data governance within Growthpoint.

Terms of Use

In these Terms of Use, “Website” means www.growthpoint.co.za; “you” means the person who makes use of the Website; and “Personal Information” means any personal details which you provide in any way through the use of the Website, in any form whatsoever, which includes but is not limited to your first and last names, telephone number, email address, and any other type of personal information as defined in section 1 of the Protection of Personal Information Act No. 4 of 2013 (hereinafter referred to as “POPI”).

The information, property search functionality along with any other additional service that Growthpoint Properties may add to the Website in future (hereinafter referred to as “the Service”) are offered to you, the user, by Growthpoint Properties (hereinafter referred to as “we”, “our”, “us” or “Growthpoint Properties”) subject to the following Terms of Use.

The terms of the Privacy Policy must be read in conjunction with and shall form part of these Terms of Use.

1. Acceptance

These Terms of Use form an agreement between you and Growthpoint Properties. By making use of the Service which we offer herein, you hereby acknowledge that you have read, understood and agree to be bound by these Terms of Use.

2. Consent

You hereby accept and consent to the Terms of Use and Privacy Policy, by your use of the Service, which acceptance and consent shall be deemed to have been given in writing.

3. Use of the service

• You agree that your use of the Service is for lawful purposes only. You agree that you will not use the Service for any unlawful purpose, including but not limited to the commission of a criminal offence, to gain unauthorised access to other computer systems, or for the transmission of unlawful material.
• You agree that you will not utilise the Service unless you are at least 18 years old.
• You agree not to transmit any content that is unlawful or harmful, defamatory, abusive, threatening, vulgar or obscene.
• We reserve the right to remove any content that is unlawful or harmful, defamatory, abusive, threatening, vulgar or obscene and to block the user responsible for the transmission of such content.

4. Use of the personal Information

We shall only use your Personal Information as provided for in these Terms of Use and in terms of the Privacy Policy.

5. Amendments

• We reserve the right, within our sole discretion and at any time, to amend these Terms of Use, which includes deleting any Terms of Use and adding any further Terms of Use.
• We shall endeavour to provide you with a notice informing you of such amendments, or drawing your attention to the amended Terms of Use. In the event that you do not agree with the amended Terms of Use you may terminate your use of the Service herein and inform us of your termination so that we may delete, dispose of or de-identify your Personal Information.
• The amended Terms of Use will immediately and automatically come into effect, subject to the above option and request to terminate.

6. Fees

• There are no fees charged to you to use the Website.

7. Availability of website and service

7.1. The Website and the Service   may become unavailable from time to time due to maintenance, electricity supply failure, network problems or for any other reason.

7.2. Growthpoint Properties shall not be held liable for any interruptions in the availability of the Website and the Service, for any reason.

8. The user’s privacy

8.1. We acknowledge that you have the right to privacy and privacy of the Personal Information provided, and we respect this right.

8.2. We shall use our best endeavours to, in accordance with our Privacy Policy, protect your Personal Information and to keep it confidential from persons who are not authorised to have access to and view the Personal Information.

8.3. Persons who have access to your Personal Information will be subject to binding agreements with Growthpoint Properties which uphold your right to privacy.

9. General disclaimer

You hereby agree to access and use the Website and the Service entirely at your own risk.

10. Exclusion of liability

10.1. The Website and the Service are provided on an “as is” basis, and we make no representations or warranties of any kind, whether express or implied, with regards to the Service. We do not warrant that the functions and the Service will be uninterrupted or error-free, or that the Service or the server is free from viruses or other harmful components.

10.2. Growthpoint Properties, including its owners, directors, employees, officials, suppliers, agents and/or representatives shall not be liable for any loss or damage, whether direct, indirect or consequential, or any expense of any nature whatsoever, which may be suffered by you, which arises directly or indirectly upon reliance of the Service.

10.3. Growthpoint Properties, including its owners, directors, employees, officials, suppliers, agents and/or representatives shall not be responsible for any direct, indirect, special, consequential or other damages of any kind whatsoever suffered or incurred by you related to your use of, or your inability to access or use, the Website or the Service, or any functionality of the Service or of any linked website or service.

10.4. You hereby indemnify us, and our owners, directors, employees, officials, agents, suppliers and representatives, and keep us fully indemnified, from and against any loss or damages suffered or liability incurred in respect of any third party, which arises from your use of this Website and/or the Service, including the uploading of any content to the Website by you.

11. Intellectual property rights

11.1. Growthpoint Properties is the owner of the Website and the Service and we retain all intellectual property rights thereto, whether registered or not, including all current and future content on the Website, which is not owned by a third party, and nothing in the Service should be construed as a right to use or licence of any of the intellectual property.

11.2. The Service and its contents, which includes all intellectual property therein, may not be reproduced, copied, used, sold or displayed in any manner whatsoever, without our express prior written consent thereto.

11.3. You may not use or permit the use of any material or any part thereof, as a trade mark, trade name, business name, service mark, or logo or claim or permit another to claim any proprietary rights in any manner in the material or any part thereof.

11.4. Any content transmitted by a user is owned by that user and not by Growthpoint Properties.

12. Links and linking

12.1. We may provide you with links to other services through the Website. The fact that we have such links must not be construed as constituting any relationship or endorsement of the linked third party and the reliance on any Personal Information and content provided by the external link is entirely at your own risk.

12.2. We may at times, display third party advertising and promotional material on the Website and the display of such material should not be construed as us endorsing any goods or services of that third party. Reliance on any such promotional or advertising material is entirely at your own risk.

12.3. If a third party wishes to link to the Website from their service, they must first obtain our express prior written approval and permission.

13. Breach

We may, in our sole discretion, block or suspend a user or discontinue with the Service without prior notice in the following instances:

13.1. In the event that you breach any terms of these Terms of Use;

13.2. If you utilise the Service for unlawful or fraudulent purposes;

13.3. If it is necessary to protect Growthpoint Properties, its customers or its systems;

13.4. In the event of fraud or suspected fraud by you or any other person in relation to the Service.

14. Termination and suspension

We may, in our sole discretion decide to suspend or discontinue with the Service and may terminate the Service, at any time whatsoever, and you shall have no recourse in any event of suspension or termination.

15. Good faith

You herewith agree to use this Website and the Service herein with the utmost good faith, integrity and trust.

16. Governing law

This Website is owned and operated within the Republic of South Africa. We, as well as you, hereby agree that these Terms of Use shall be governed and construed in accordance with the laws of the Republic of South Africa.

17. Complaints and disputes

Any complaints or disputes can be sent through to us via the contact details under the “Contact Us” section.

18. Entire agreements

18.1. This Website is controlled, operated and administered by Growthpoint Properties from its offices as set out below within the Republic of South Africa.

18.2. If any of the provisions of these Terms of Use are found by a court of competent jurisdiction to be invalid or unenforceable, that provision will be deemed to have been excluded from these Terms of Use, and the remainder of the provisions of these Terms of Use will continue in full force.

18.3. These Terms of Use constitute the entire agreement between Growthpoint Properties and you with regard to the use of the Service and this Website.

Privacy Policy

1. Introduction

Growthpoint Properties is committed to protecting the privacy of the Personal Information of the users of this Website.

The purpose of this policy is to demonstrate this commitment and to inform you of the principles under which Growthpoint Properties processes Personal Information received from you.

This Privacy Policy complies with the privacy objectives and principles housed under the Protection of Personal Information Act, 4 of 2013 (hereinafter referred to as “POPI”).

This Privacy Policy may be updated at any time by Growthpoint Properties. The date of the most recent revision will appear on this page.

Please note that by ticking the box at the end of this Privacy Policy, you authorise Growthpoint Properties to process your Personal Information according to this Privacy Policy.

2. Definitions

“Personal Information” is information or data about an identified or identifiable living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to—

(a) Information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person;

(b) Information relating to the education or the medical, financial, criminal or employment history of the person;

(c) Any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person;

(d) The biometric information of the person;

(e) The personal opinions, views or preferences of the person;

(f) Correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;

(g) The views or opinions of another individual about the person; and

(h) The name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person, received by Growthpoint Properties from any party in any format including, without limitation, electronic, paper, and verbal;

“Website” means www.growthpoint.co.za

3. When does growthpoint properties collect your personal information? 

Growthpoint Properties collects Personal Information when you:

• Visit and browse our Website; and
• Send communication or submit an enquiry through our Website.

4. What personal information does growthpoint properties collect about you?

Growthpoint Properties considers all information that could identify you directly or indirectly as Personal Information. Growthpoint Properties will mainly collect the following Personal Information:

• Information disclosed by you about your identity, in particular your first and last names, telephone number, and email address;
• Your preferences;
• Your IP address or information about how your device navigates through our Website.

The information detailed above is collected either electronically by using cookies or is provided voluntarily by you. You may determine cookie use independently through your browser settings.

5. Why is your personal information collected?

Personal information is processed mainly for the following purposes:

• Administration of the Website;
• Customer Relationship Management (newsletters, surveys, etc.), the processing of which is made subject to your approval;

• To communicate with you regarding matters that you have asked to be contacted about;
• Market analysis and timing (profiling on the basis of your preferences and interests, analyses while navigating through the Website, statistics, reporting, etc.);
• Managing your requests (complaints, right to access, rectify, oppose and removal of Personal Information, etc.).

Growthpoint Properties may collect, maintain, save, compile, share or disclose any information collected from you, subject to the following provisions:

• Growthpoint Properties shall disclose Personal Information without your consent only if it is required to do so in order to comply with an obligation imposed on it by law;
• In every other instance, Growthpoint Properties shall not disclose your Personal Information unless you consent thereto;
• You have the right to access your Personal Information and to request Growthpoint Properties to rectify the information collected should it be incomplete or contain any errors; and
• Growthpoint Properties may compile, use and share any information that does not relate to any specific individual.

Growthpoint Properties owns and retains all rights to non-personal statistical information collected and compiled by Growthpoint Properties.

6. Does growthpoint properties disclose your personal information?

Growthpoint Properties will never share your Personal Information with advertisers who are not affiliated with Growthpoint Properties.

The Personal Information we are collecting about you is intended for Growthpoint Properties and is likely to be processed by a third party chosen for their expertise and reliability and acting on our behalf and at our direction (e.g. website hosting companies).

Growthpoint Properties authorises these third parties to use your Personal Information only to the extent necessary to perform services on our behalf or to comply with legal requirements and we strive to ensure that your Personal Information is always protected.

These third parties will be located in South Africa and if they are located outside of South Africa, Growthpoint Properties shall comply with section 72 of POPI to ensure that the Personal Information is afforded the same level of data protection as in South Africa. In such a case, we will ensure either:

• To obtain your unambiguous consent to share your Personal Information with these third parties;
• To enter into appropriate data transfer agreements in full compliance with POPI.

Finally, we may also transmit your Personal Information to local authorities if required by POPI or other legislation or as part of an investigation and in accordance with local regulations and Growthpoint Properties shall endeavour to inform you of such request or legal obligation.

7. How will growthpoint properties protect the information about you?

Growthpoint Properties endeavours to take the appropriate technical and organisational measures, in relation to the nature of data and risks, to preserve the security and confidentiality of your Personal Information and, in particular, to prevent it from being altered, corrupted or transmitted to any unauthorized parties.

This may include practices such as retaining your Personal Information on a secure server protected by a firewall, the transmission of sensitive information using a Secure Sockets Layer (SSL), internal reviews of our practices and privacy policies and implementation of physical security measures to protect against unauthorized access.

8. What is the policy regarding minors?

Growthpoint Properties does not collect or process Personal Information from persons under the age of 18 (minors) without prior authorisation from their parent or legal guardian.

As soon as we acquire knowledge of the collection of Personal Information from any minors without prior authorisation from that minor’s parent or legal guardian, we will take appropriate measures to delete all such Personal Information from our servers.

9. What is the cookies policy of growthpoint properties?

Growthpoint Properties makes use of cookies on the Website and shall provide you with the option to accept or deny the cookies access to the Website.

10. For how long is your personal information kept?

Growthpoint Properties strives to keep your Personal Information only for the time necessary for the purposes set out in this Privacy Policy and in accordance with the provisions in force. As a general rule:

• Your data will be kept for three years from the date of collection or after the last contact or the end of the commercial relationship, unless opposed by you. At the end of this three-year period, we may make contact with you again in order to find out whether or not you wish to continue to receive communications from us. If no clear positive answer is given by you, your data will be deleted or archived in accordance with POPI;
• Data to prove a right or a contract or if kept in compliance with a legal obligation can be archived in accordance with the law.

11. What are your rights regarding your personal information and how to contact us?

If you consent and provide us with your email address, phone number or mailing address, you may receive emails, calls or periodic messages from us about our properties. You can unsubscribe at any time from our mailing lists by contacting us at the address below or by following the “unsubscribe” link contained in each of our emails.

In accordance with POPI, you have the right to access, rectify, limit, oppose and delete Personal Information about you. You can also withdraw your consent to the processing of your Personal Information at any time.

You will be informed of the actions to be taken as soon as possible and in any case no later than one month after your request. However, we reserve the right not to respond to manifestly unfounded or excessive requests.

You can file a complaint with the Information Regulator at email: [email protected] if your Personal Information is misused.

Please contact Growthpoint Properties should you have any questions or comments in connection with this Privacy Policy.