Legal
Privacy Policy
01Who we are
1.1Kerb is operated by Dynamus Technologies CC, trading as Kerb (“Kerb”, “we”, “us”), a close corporation incorporated in South Africa under registration number 2002/080618/23, with its registered address at 22 Magwa Crescent, Gateway West, Midrand, 2066.
1.2We are the responsible party for the personal information described in this policy, as that term is used in the Protection of Personal Information Act 4 of 2013 (“POPIA”).
1.3Our Information Officer is Jaco Gerrits, who may be reached at support@kerb.properties or at the address above. The Information Officer is registered with the Information Regulator as required by POPIA.
1.4Kerb operates in South Africa only. The service is offered to people in South Africa, the property records we use are South African, and the agents on the platform are checked against South African records.
02What we collect
We collect different things depending on whether you are selling a property, working as an agent, or simply visiting.
2.1If you list a property. What you give us: your first name and surname, mobile number and email address; the property’s address including the street number; and what you tell us about the property — type, bedrooms, bathrooms, garages, parking, erf and floor size, whether it is in an estate, the monthly levy, its features, and any description you write. You may add photographs. You tell us your timing, whether an agent already holds a mandate, and the price you have in mind.
2.2What we generate about your listing. Its state and the date its window closes; which agents were shown it; which proposals arrived; and, if you choose to share your details, which agent received them and when.
2.3Verifying your mobile number. We send a one-time code by SMS and record that the number was verified and when. We do not keep the code.
2.4If you apply as an agent. Your full name exactly as it appears on your Fidelity Fund Certificate, the certificate number and its year of issue, and the agency you practise under. You tell us the suburbs you work, the property types you take on, the price band you accept mandates in, and — if you set one — a limit on how many mandates you carry at once. You choose the channels we may reach you on.
2.5What we check and take from public records. We read the Fidelity Fund Certificate you send us — issued by the Property Practitioners Regulatory Authority — and keep the result, the agency it names, and the expiry date. When you apply you give us your South African ID number and, if you have it, your agency’s CIPC registration number: we check the ID against the Department of Home Affairs’ population register (that you are a real, living person and that your names match), the registration against the CIPC companies register (that the agency exists and is in business, and whether you are a director of it), and we keep the result — never a photograph or a report from the register, only the answer. You agree to these two checks when you finish your application, in the box where you accept our Terms of Use, and they run only once you have finished it. From the deeds registry we hold erf, suburb, transfer date and price, and — for agents — the transfers recorded in your name.
2.6If we contacted you before you had an account. Some agents first hear from us by phone. In that case we hold your name, agency and contact number obtained from public listings or the deeds record, a recording of the call, and the outcome of it.
2.7Everyone. Device and usage information, including IP address, pages viewed and approximate location derived from IP; and, against every permission you give, the time it was given and the IP address it came from.
2.8Billing — agents and agencies only. A billing account, invoices, amounts and payment status. We never receive or store card or bank account details. Payment happens on the payment provider’s own page, not on ours.
2.9Support. Messages you send us, and a record of any occasion on which a member of our staff accessed your account on your behalf or read a conversation you are part of — including the reason they gave for doing so.
2.10If you join the launch list. Before Kerb opens, you can give us your email address and tell us whether you intend to sell or work as an agent. If you choose to answer the optional questions that follow, we also hold the suburbs you name, when you expect to sell, and — for agents — the agency you are with. None of it is required and none of it is a commitment; it tells us where to open first and which welcome email to send you.
2.11Messages between a seller and an agent. Once a seller shares their details with an agent, the two of them can write to each other on Kerb. We hold what each of them writes and anything they share there — a time to view the property, an asking price, a document — with when it was written and when the other person read it. We also write short lines into the conversation ourselves, saying what happened: that details were shared, that an agent was appointed, that the conversation closed.
03Why we process it, and on what basis
POPIA requires a lawful basis for each purpose. Ours are set out per purpose rather than as one blanket statement.
| Purpose | Basis under POPIA §11 |
|---|---|
| Running the marketplace — publishing your listing to matched agents, receiving proposals, and passing your details to an agent you choose | §11(1)(b) · performance of a contract |
| Checking an agent’s Fidelity Fund Certificate, and again when it expires | §11(1)(c) · legal obligation; §11(1)(f) · legitimate interests |
| Checking an applying agent’s ID number against Home Affairs and their agency against the CIPC register — with their agreement, before the application is decided | §11(1)(a) · consent; §11(1)(f) · legitimate interests |
| Verifying a mobile number by one-time code | §11(1)(b) · and §11(1)(f) |
| Service messages about your listing or your mandates | §11(1)(b) · recorded as consent as well |
| Letting a seller and the agent they shared their details with write to each other, and telling them when a message is waiting | §11(1)(b) · performance of a contract |
| Reading a conversation for one of the reasons in §4.11 — to help, to look into a problem, a disagreement or misuse, and to check and improve our service | §11(1)(f) · legitimate interests; §11(1)(c) where the law requires it |
| Direct marketing by electronic communication | §11(1)(a) · consent, per §69 |
| Billing agents and agencies, and collecting what is owed | §11(1)(b) |
| Measuring which of our advertisements bring people to Kerb — telling Google and Meta from our own server that a signup, a listing or an application happened, without setting a cookie (§12.4) | §11(1)(f) · legitimate interests |
| Preventing fraud, abuse and misuse of the platform | §11(1)(f) · legitimate interests |
| Keeping the audit log and the record of consents | §11(1)(c) · and §14 retention |
| Reporting on how the marketplace performs | §11(1)(f) · aggregated, not identifying |
3.1Where we rely on your consent, you may withdraw it at any time. Withdrawing it does not affect anything we did lawfully before you withdrew it, and it does not close your account.
3.2Where we rely on legitimate interests, you may object under §11(3). We will stop unless we can show grounds that override your objection.
04Who sees what
This section is the product, not a formality. The whole point of Kerb is that agents compete for your mandate without being able to phone you first.
4.1What agents see on your listing. The road name and suburb, the property facts, your timing, what you said about the sale, your photographs, and how many proposals the listing already has.
4.2What agents do not see. Your name, your mobile number, your email address, your street number, and the price you had in mind — not until you choose to share them. Your contact details are held apart from the listing and are joined to it only after you share, so that a mistake in a query cannot reveal them.
4.3An agent is never shown a listing they own themselves.
4.4When you share. You choose which agent, and you may choose more than one. That agent receives your name, mobile number, email address and street number. We record which agent, and when.
4.5What we cannot undo. Once you have shared your details with an agent, we cannot take them back. That agent holds them under their own obligations as a property practitioner and under POPIA in their own right. If you withdraw, we will tell them on your behalf and ask them not to contact you again — and if they continue, tell us and we will take it up with them.
4.6Our staff. Access is limited by role. Support staff can see contact details in order to help you; verification staff see an applicant’s record only while the application is pending; analysts work with masked columns; and the team that phones agents can reach an agent’s contact details, never a seller’s. Staff who are also customers of Kerb are excluded from their own records.
4.7Acting on your behalf. If a member of staff needs to act inside your account to help you, that is recorded in a log that cannot be edited or deleted by anyone, together with the reason they gave.
4.8Our operators. We use service providers who process personal information on our instructions under written agreements as §21 requires: hosting and database, messaging, SMS and WhatsApp delivery, invoicing, payment collection, identity and public-record verification, and the reading of an agent’s certificate by an AI model. They are listed in §11.
4.9We do not sell your personal information, and we do not give it to anyone for their own marketing.
4.10If Kerb moves to another company. If the Kerb business is transferred — to a company formed to run Kerb, or to one that buys it as a going concern — your personal information moves with it, to be used only for the purposes in this policy. The new company becomes the responsible party and is bound by this policy. We will tell you before it happens, with the new company’s details, and you may object or close your account before it does. Where the law needs fresh consent, for example for marketing, the new company will ask for it.
4.11Messages. A conversation can be read by the seller and the agent in it. Other agents and the agent’s office cannot read it. A member of our team may also read a conversation, and only for one of these reasons:
- either of you asks us for help with it, or reports a problem with it;
- you disagree about how a mandate ended, or about whether one was signed;
- we have reason to think Kerb is being misused — for example a scam, abuse, or an agent appointed without a signed mandate;
- to check the quality of our service and improve it;
- the law requires it.
4.12Every read is kept in the log described in §4.7, with who read it, when and why. When we read a conversation because one of you reported a problem, or because you disagree about a mandate, we tell the person who reported it (where nobody reported it, both of you). We do not tell you each time we read a conversation to check the quality of our service or to look into misuse. We never read messages to market to you, never sell them, and never use them to rank or rate an agent. Messages written before 15 October 2026 are read only after a report or a disagreement about how a mandate ended — the rule that applied when they were written.
4.13An agent who is not appointed can still read what was written, but is not told who was appointed or on what terms. A copy of what we hold about you includes the messages you wrote; the other person’s messages are theirs, so the copy says when they wrote, not what. If your account is deleted, the words of your messages are removed, and the other person sees only that a message was there.
05Marketing, and how consent works here
5.1POPIA treats service messages and direct marketing as different things, and so do we. Messages about your own listing or your own mandates are how the platform works. Marketing is separate, optional, and asked for on its own.
5.2Nothing is pre-ticked. A marketing box that arrives already ticked is not consent, and we do not use one.
5.3We keep a record of every permission. What you agreed to, the exact version of the wording you were shown, the date and time, how it was captured — a form, a settings change, or a recorded call — and the IP address. That record is added to and never edited: withdrawing a permission writes a new entry rather than changing the old one.
5.4You can see it. A full copy of your consent record, including any call recording, is yours on request at any time.
5.5Stopping marketing. Use the unsubscribe link in any marketing email, or switch it off in your account, and we stop on every channel from then on. Replying STOP to an SMS from Kerb stops all our SMS to your number, including messages about your listing or proposals.
5.6Messages about your account, your listing, your proposals and the people you deal with on Kerb are part of the service, not marketing, so turning off marketing doesn’t stop them. Two kinds you can switch off in your account: new-listing alerts for agents, and alerts about unread messages. The rest come for as long as you use Kerb. If you don’t want them, ask us to close your account.
5.7WhatsApp requires its own opt-in through WhatsApp itself before we may send anything there.
5.8The form we use. Where we ask for your consent to direct marketing by electronic communication, we ask in the form prescribed by Regulation 6 of the POPIA Regulations (Form 4). It names us, lists what we intend to market and by which means, records your answer as an electronic signature, and tells you how to withdraw. If you are not yet a customer we ask once, and never again if you decline. The wording is versioned, and the version you agreed to is the one shown in your consent record. The current version is reproduced here.
- For agents — Kerb agent tools, property market updates and training; and Kerb products and services, including by automated call
- For sellers — property market updates, guides and offers from Kerb
- this consent is separate from messages about my mandates or my listing, and does not affect them;
- I may withdraw it at any time — by replying STOP to any SMS, using the link in any e-mail, under My profile → Permissions and data, or by writing to support@kerb.properties — and withdrawal takes effect at once;
- if I decline, Kerb will not approach me for this consent again.
5.9If we call you. Some agents first hear from Kerb by an automated call. The call is recorded and the permission wording is read out. The full recording is kept for 90 days; the part in which the permission is read and answered, and the transcript, are kept as the record of what you agreed to, for as long as your consent record. You may ask for a copy.
06Deeds records and other public sources
6.1We hold information taken from the South African deeds registry: the erf, the suburb, the date a property transferred and the price it transferred at. We use it to show what has sold nearby, to build comparative reports, and to show an agent where they have actually been selling.
6.2These are public records. We do not add to them, and we cannot change them.
6.3If a record about you is wrong, tell us. Where the error is in the registry itself it has to be corrected there before we can reflect it, and we will mark the record as disputed in the meantime.
6.4We also read an agent’s Fidelity Fund Certificate when they apply and again when it expires. The details we show an agent back — the name, the agency and the expiry — come from that certificate; a certificate that is wrong is corrected by the PPRA, not by us.
6.5When an agent applies we also ask two more registers, through a South African verification provider: the Department of Home Affairs’ population register, against the ID number the agent gives us, and the CIPC companies register, against the agency’s registration number. We keep only the answer each register gave — whether the person and the agency are who and what the application says — and never a photograph, a report or any credit information. Neither check is a credit enquiry, and nothing is recorded against anyone at a credit bureau. The certificate itself is read by an AI model (Anthropic’s Claude), which is shown the document and nothing else and returns a transcription of what is printed on it — the name, the number, the agency, the validity; we keep that transcription beside the certificate and nothing the model was shown.
6.6Suburbs and boundaries. The suburbs, towns and municipalities you can choose from are built from Statistics South Africa’s Census 2011 place-name geography and the Municipal Demarcation Board’s municipal boundaries, and the suburb shapes on the map agents use to choose their suburbs are Statistics South Africa’s too. We acknowledge Statistics South Africa as the source of that basic data; the way it is combined, named and presented on Kerb is our own processing, and a mistake in that processing is ours to fix — tell us.
07How long we keep it
POPIA requires that we not keep personal information longer than we need it, unless a law says otherwise. The periods below apply unless a law requires us to keep a record for longer.
| Record | Kept for | Why |
|---|---|---|
| A draft listing that was never published | 12 months | So you can come back and finish it |
| A published listing and its photographs | 24 months after it ends | Disputes, and reporting on how the market moved |
| The record that you shared your details with a named agent | 5 years | It is the evidence of what you authorised |
| Consent records | 5 years after withdrawal | Proof of consent under §69 |
| Call recordings — the full call | 90 days | Quality, and any dispute about the call itself |
| Call recordings — the consent excerpt and transcript | 5 years after withdrawal | The proof of consent given on the call, kept as long as the consent record |
| Messages between a seller and an agent | Indefinitely, for now | What the two of them agreed about a sale, kept as evidence if they later disagree. We will review this period, and say so here if it changes |
| The audit log | 7 years | It records us honouring your requests; it survives deletion |
| Invoices and billing records | 5 years | Tax and company law |
| Suppression list entries | Indefinitely | Deleting them would start the messages again |
| Deeds records | Indefinitely | Public record, not created by us |
| Register checks on an agent’s application — the answer, not the record | As long as the application | The evidence a verifier decided on; the registers’ own records were never kept |
08Your rights
8.1You may ask what we hold about you and get a copy; correct anything wrong; ask us to delete what we no longer need; object to processing based on legitimate interests; withdraw consent; and complain — to us, and to the Information Regulator.
8.2Write to support@kerb.properties. We log every request with a due date and respond within 30 days. Requests under the Promotion of Access to Information Act use the prescribed forms and may carry the prescribed fee.
8.3Deletion is not absolute, and we will show you what survives before you confirm. A minimal record of what you consented to, the audit entries recording your request, and completed billing records are kept. Nothing kept identifies your property.
8.4We do not charge for a straightforward access request, and we will not refuse one because you have an open dispute with us.
09Decisions made automatically
Some steps on Kerb are automated. This section says which, what each one uses, and what you can do about it.
9.1Matching. Which agents are shown a listing is decided automatically, from four things every agent sets for themselves and can change at any time: the suburbs they work, what they take on, their price band, and how many mandates they can carry at once. Nothing else about an agent is used — not their record, not their conduct, not their history with us.
9.2Automatic bidding. An agent may set rules under which Kerb submits a proposal on their behalf. The rules are the agent’s own instructions, can be paused or changed at any time, and certain cases are held for the agent to review rather than sent. A proposal submitted this way is the agent’s proposal.
9.3The order of proposals. A seller sees every proposal made to her. The order in which they appear follows the terms each agent chose — commission, mandate type and period — and the agent’s public track record from the deeds registry. No proposal is hidden, and no automated process decides who gets the mandate. That is the seller’s decision, made by her, and nothing is binding until she signs a mandate with an agent directly.
9.4Verification. Reading an agent’s certificate and holding it against their application is automated, and so are the Home Affairs and CIPC checks on an application when we run them (§6.5). When every check we run agrees, and nothing on the application needs a person’s judgement — such as which agency office the agent belongs to — the application may be approved automatically. A result that does not agree is never a refusal on its own: it goes to a person, who reads it beside the certificate, may ask the applicant for more, and decides.
9.5Our position under section 71 of POPIA. None of the steps above is a decision based solely on automated processing that carries legal consequences for you, or affects you to a substantial degree, without protection. Matching and ordering are taken in performing the agreement you asked us to perform, on inputs you control, and their logic is set out here. Automatic bidding acts on your own instructions. A verification decided automatically can only approve an application, which grants what the agent asked for; any result that could count against an applicant is reviewed by a person before it becomes a decision. Where an automated step affects you, this section is the explanation of the logic behind it.
9.6Your rights. You may ask us at any time to have a person look at any automated step that affected you, to explain it, and to make representations about it. Write to support@kerb.properties; we log the request and answer within 30 days.
10Security
10.1Personal information is encrypted in transit and at rest.
10.2Access is enforced in two independent places — in the application, and in the database underneath it — so that a mistake in one is caught by the other.
10.3Seller contact details are held on a separate table joined only after a share, so that they cannot be picked up by accident.
10.4The audit log cannot be changed or deleted by anyone, including us.
10.5If there is a breach we will notify the Information Regulator and, where the law requires it, you — as soon as reasonably possible after establishing what happened, and in writing.
10.6Keep your own access secure, and tell us immediately if you think someone else is using your account.
11Where your information is kept, and where it goes
11.1Kerb’s database and your photographs are hosted in Frankfurt, Germany.
11.2Messages are sent through a messaging platform hosted in the United States, and SMS and WhatsApp are delivered through a communications provider in the United States. An email telling you that a message is waiting carries its first few words, so those words pass through the messaging platform, and the conversation itself stays in our database. Invoicing runs through Xero, which hosts its service outside South Africa. Payment collection runs through South African payment providers — Stitch, Ozow or similar — and the provider you are sent to is named on the invoice’s payment page. Advertising measurement runs through Google and Meta in the United States (§12). Calls to agents are placed through a voice-AI provider in the United States; recordings are moved to our own storage as soon as a call ends, and the provider keeps them no longer than it takes to hand them to us. The Home Affairs and CIPC checks on an agent’s application run through a verification provider in South Africa, which holds the answer only long enough to hand it to us. An agent’s certificate is read by Anthropic PBC in the United States, under commercial terms that do not permit the document to be used to train models and limit how long it is kept.
11.3Each provider processes personal information only on our instructions, under a written agreement, and may not use it for their own purposes.
11.4The suburb map. The map an agent uses to choose their suburbs draws its background — roads, water, the lie of the land — from OpenFreeMap, a free public map service built on OpenStreetMap. The agent’s browser fetches those pictures from OpenFreeMap directly, so it receives the browser’s IP address and which part of the map was asked for, as any website does. We send it nothing about anyone, it is not our operator, and a seller is never shown this map.
13Children
13.1Kerb is for people aged 18 or over. We do not knowingly collect the personal information of a child, and if we learn that we have, we will delete it.
14Changes to this policy
14.1We will post any change here and update the date at the top. If a change materially affects how we use your personal information, we will tell you directly before it takes effect.
14.2A change to this policy never converts a permission you have already given into a different one. Where new consent is needed, we ask for it.
14.3Every version of this policy is dated and kept. You may ask us for the version that applied on any date.
15Contact, and complaints
15.1Information Officer: Jaco Gerrits · support@kerb.properties · 22 Magwa Crescent, Gateway West, Midrand, 2066.
15.2If we have not resolved your complaint, you may complain to the Information Regulator (South Africa), JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001 — POPIAComplaints@inforegulator.org.za, using the Regulator’s complaint form.
15.3This policy is published at kerb.properties/privacy. The Terms & Conditions are at kerb.properties/terms.
- Data requests, corrections and deletions: support@kerb.properties.
- Marketing: reply STOP to any SMS, or use the link in any email.