PHOMOLONG MEMORIAL PARKS
Love Endures
WEBSITE POLICIES

1. Privacy Policy
2. Website Terms of Use
3. Expression of Interest & Survey Disclaimer
4. Cookie Policy

Issued by: Phomolong Memorial Parks (Pty) Ltd

Effective Date: [20 May 2026]

Version: 1.0

Privacy Policy

Effective Date: [20 May 2026]    Version: 1.0

1.  Who we are

Phomolong Memorial Parks (Pty) Ltd (“Phomolong”, “we”, “us”, or “our”) is a private company incorporated in the Republic of South Africa and registered office at 5 Stone River Estate, Beverly – Jhb. We are the operator of the Phomolong Memorial Park, a private memorial park being developed in Pretoria North, City of Tshwane.

Phomolong is the Responsible Party as defined under the Protection of Personal Information Act, 2013 (“POPIA”) for all personal information processed through our website.

2.  Scope of this Policy

This Privacy Policy applies to personal information collected through our website at phomolongparks.co.za (the “Website”), including through our contact form, our Expression of Interest form, our Market Validation Survey, and any other digital channels operated by Phomolong.

This Policy does not apply to:

• Personal information collected in person at any future operating site, which will be governed by a separate operational privacy policy
• Personal information processed by independent third parties whose websites or services may be linked from ours
• Employee, contractor, or vendor data, which is governed by separate internal policies

3.  Our Information Officer

In accordance with Section 55 of POPIA, our Information Officer is:

• Name: Francis Maloko
• Role: Director and Chief Executive Officer, Phomolong Memorial Parks (Pty) Ltd
• Email: privacy@phomolongparks.co.za

The Information Officer is responsible for overseeing compliance with POPIA, handling data subject requests, and serving as the primary contact for the Information Regulator.

4.  What personal information we collect

We collect personal information directly from you when you choose to interact with our Website. We do not purchase, lease, or otherwise acquire personal information from third-party data brokers.

4.1  Information collected through the Contact Form

• Full name
• Email address
• Telephone or mobile number
• The content of any message you submit

4.2  Information collected through the Market Validation Survey

Our Market Validation Survey collects responses across several categories. Some categories are anonymous; others may be linked to you if you choose to complete the Expression of Interest section at the end of the survey.

• Preferred language
• Area of residence within or outside the City of Tshwane
• Indicative household monthly income band (this is a banded range, not an exact figure)
• Information about who is typically involved in funeral and burial decisions in your household
• Whether your household holds funeral cover or funeral insurance
• Your views on trusted sources of funeral-related information
• Your preferences regarding memorial park features
• Your indicated interest, if any, in our four product tiers (Headstone Memorial, Upright Memorial, Legacy / Hero’s Acre, Family Estate)

4.3  Information collected through the Expression of Interest (“EOI”) form

• Full name
• Mobile number
• Email address
• Preferred product tier
• Preferred contact method (phone call, WhatsApp, or email)
• Your separately-given consents for: (a) project development updates; (b) future marketing once Phomolong is operational; and (c) research use of your survey responses

4.4  Information collected automatically

When you visit our Website, certain information is collected automatically through cookies and similar technologies. Please see our separate Cookie Policy for full details. This information is generally not used to identify you personally.

5.  Why we collect your information and our lawful basis

Under Section 11 of POPIA, we may only process your personal information on one or more identified lawful grounds. The grounds we rely on are set out below for each purpose.

5.1  To respond to enquiries submitted through the contact form

Lawful basis: Your consent (by submitting the form) and our legitimate interest in responding to enquiries about our project.

5.2  To conduct market research and validate the project

Lawful basis: Your specific consent given through the survey’s research consent tick-box. Survey data is analysed primarily in aggregated, non-identifying form to inform project planning, product design, pricing, and feasibility.

5.3  To send you project development updates

Lawful basis: Your specific consent given through the EOI form’s project update tick-box. These updates may include construction progress, regulatory milestones, anticipated opening date, and similar non-marketing information about the project.

5.4  To send you marketing communications once Phomolong is operational

Lawful basis: Your specific direct marketing consent given through the EOI form’s marketing tick-box, in accordance with Section 69 of POPIA. Marketing communications will only commence once the memorial park is operational and licensed to trade.

5.5  To comply with legal obligations

Lawful basis: Compliance with an obligation imposed by law, including any obligations under POPIA, the Companies Act, the Consumer Protection Act, tax legislation, and applicable cemetery and burial regulations.

6.  Special note on sensitive information

We do not require, and we ask you not to provide, any of the following categories of “special personal information” as defined in Section 26 of POPIA:

• Information about your religious or philosophical beliefs
• Information about your racial or ethnic origin
• Information about your health or sex life
• Information about your political persuasion, criminal behaviour, or trade union membership

If you voluntarily include any such information in the content of a message or survey free-text response, we will treat it with strict confidence and will not process it for any purpose other than responding to your specific enquiry.

7.  How we use household income and funeral cover information

Two categories of information we collect deserve specific explanation because they are more sensitive than typical contact details:

Household monthly income band and funeral cover status are collected solely for the purpose of market research and project feasibility analysis. Specifically, we use this information to:

• Understand the affordability of our proposed product tiers across different household segments
• Size the addressable market within Tshwane Region 1
• Inform decisions about product design, payment options, and phasing

We do not use this information to target individual respondents with personalised marketing. If you complete the EOI form, your marketing communications will be based on your indicated product tier preference and your explicit consents — not on your income band.

8.  How we share your information

We do not sell, rent, or trade your personal information. We may share your personal information only in the following limited circumstances:

• Service providers: Trusted third-party service providers who assist us with website hosting, email delivery, survey administration, customer relationship management, and data analytics. These providers act as Operators under POPIA and are contractually bound to process your information only on our instructions and to keep it secure.
• Professional advisors: Our attorneys, auditors, and similar advisors, where required for legitimate business purposes and subject to professional confidentiality obligations.
• Legal and regulatory disclosure: Where required by law, by court order, or by a competent regulatory authority, including the Information Regulator.
• Corporate transactions: In connection with a proposed or actual restructuring, merger, sale of business, or similar transaction, subject to appropriate confidentiality protections.

9.  Where your information is stored and processed

Our Website and the personal information collected through it are hosted within the Republic of South Africa. We do not currently transfer personal information across South Africa’s borders for processing.

If this position changes in the future, we will update this Policy and ensure that any cross-border transfer complies with Section 72 of POPIA.

10.  How long we retain your information

We retain your personal information only for as long as is necessary for the purpose for which it was collected, or for as long as we are required to retain it by law.

• Contact form enquiries: retained for 24 months after the last interaction, then deleted, unless they form part of a longer-term commercial relationship
• Survey responses (anonymous/aggregated): retained indefinitely in non-identifying form for research and project planning
• EOI form details: retained until you withdraw your consent, or for 36 months after the last interaction, whichever is sooner. Once Phomolong is operational, retention will be reviewed against actual commercial use
• Records required for legal or regulatory compliance: retained for the period required by the relevant law

11.  How we keep your information secure

We take appropriate, reasonable, technical and organisational measures to safeguard your personal information against loss, damage, unauthorised access, and unlawful processing, in accordance with Section 19 of POPIA. These measures include:

• Encrypted transmission of data submitted through our Website (HTTPS)
• Access controls limiting personal information to authorised personnel only
• Confidentiality obligations imposed on all persons with access to personal information
• Reasonable physical, technical, and administrative security measures applied to our systems and service providers

Despite our best efforts, no transmission or storage system can be guaranteed to be entirely secure. If we become aware of a security compromise that affects your personal information, we will notify you and the Information Regulator as required by Section 22 of POPIA.

12.  Your rights as a data subject

Under POPIA, you have the following rights in relation to your personal information:

• The right to be informed about what personal information we hold about you and how we process it
• The right of access to your personal information
• The right to correction or deletion of inaccurate, irrelevant, excessive, out-of-date, incomplete, misleading, or unlawfully obtained information
• The right to object to the processing of your personal information on reasonable grounds
• The right to withdraw consent at any time, in respect of any processing that is based on your consent (including direct marketing)
• The right to lodge a complaint with the Information Regulator if you believe we have not complied with POPIA

To exercise any of these rights, please contact our Information Officer at privacy@phomolongparks.co.za. We will respond to verified requests within a reasonable period, and in any event within the timeframes required by POPIA.

13.  Lodging a complaint with the Information Regulator

If you are not satisfied with how we have handled your personal information or a request from you, you may lodge a complaint with the Information Regulator of South Africa:

• Postal address: P.O. Box 31533, Braamfontein, Johannesburg, 2017
• Email (general): inforeg@justice.gov.za
• Email (complaints): POPIAComplaints@inforegulator.org.za
• Website: www.inforegulator.org.za

14.  Children’s information

Our Website and services are directed at adults. We do not knowingly collect personal information from children under the age of 18. If you believe a child has submitted personal information to us, please contact our Information Officer and we will take steps to delete it.

15.  Changes to this Policy

We may update this Policy from time to time to reflect changes in our practices, our services, or applicable law. Material changes will be communicated through the Website, and the effective date at the top of the Policy will be updated. Continued use of the Website after publication of an updated Policy constitutes acceptance of the updated terms.

16.  Contact us

Questions, requests, or complaints about this Policy or about how we handle your personal information should be directed to:

• Information Officer: Francis Maloko
• Email: privacy@phomolongparks.co.za
• Postal address: 5 Stone River Estate, Beverly – JHB, South Africa

Website Terms of Use

Effective Date: [20 May 2026]    Version: 1.0

1.  Acceptance of these Terms

These Terms of Use (“Terms”) govern your access to and use of the website operated by Phomolong Memorial Parks (Pty) Ltd at phomolongparks.co.za (the “Website”).

By accessing or using the Website, you confirm that you have read, understood, and agreed to be bound by these Terms. If you do not agree, you must not use the Website.

2.  About Phomolong

The Website is operated by Phomolong Memorial Parks (Pty) Ltd, a private company incorporated in the Republic of South Africa and registered office at 5 Stone River Estate – JHB.

Phomolong is the operator of the Phomolong Memorial Park, a private memorial park institution being developed in Pretoria North. The Phomolong Memorial Park is currently in the planning and development stage and is not yet open or licensed to trade.

3.  Pre-development status of the project

It is important that visitors to the Website understand the following:

• Phomolong Memorial Park is not yet operational
• The Website provides information about the proposed development, not about an existing operating service
• Indicative product information, pricing, and design features are subject to change as the project develops and as regulatory approvals are obtained
• Nothing on the Website constitutes a binding offer to sell burial rights, plots, or any other product or service

For full terms applicable to the Expression of Interest form and the Market Validation Survey, please refer to our separate Expression of Interest & Survey Disclaimer.

4.  Permitted use

You may use the Website only for lawful purposes and in a manner consistent with these Terms. You may:

• View, read, and interact with publicly available content on the Website
• Submit enquiries through the contact form
• Complete the Market Validation Survey and Expression of Interest form, subject to the Disclaimer applicable to those forms
• Download or print Website content for your own personal, non-commercial reference

5.  Prohibited use

You must not:

• Use the Website in any way that breaches any applicable law or regulation
• Use the Website to send, knowingly receive, upload, download, or use any material that is unlawful, harmful, defamatory, obscene, harassing, or otherwise objectionable
• Attempt to gain unauthorised access to the Website, the server on which it is stored, or any server, computer, or database connected to the Website
• Introduce viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful
• Attack the Website via a denial-of-service attack or distributed denial-of-service attack
• Scrape, copy, reproduce, distribute, or republish any material from the Website except as permitted under section 4
• Use any automated system, including robots, spiders, or scrapers, to access the Website except for legitimate search engine indexing
• Use the Website or any content on it to develop, train, or improve any artificial intelligence model or machine learning system without our prior written consent
• Submit false or misleading information through any form on the Website, or impersonate any person or entity

6.  Intellectual property

All content on the Website — including text, graphics, logos, photographs, videos, audio, design elements, and the overall look and feel — is the property of Phomolong Memorial Parks (Pty) Ltd or its licensors and is protected by South African and international copyright, trade mark, and other intellectual property laws.

The following are particularly protected and may not be used, reproduced, or registered by any third party:

• The name “Phomolong Memorial Park” and “Phomolong Memorial Parks”
• The Phomolong logo, including its arch, palm frond, and colour palette
• The tagline “Love Endures”
• Phomolong’s brand colours, typography, and design system
• All product tier names (Headstone Memorial, Upright Memorial, Legacy / Hero’s Acre, Family Estate) as used in association with Phomolong

No licence to use, copy, modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any of this material is granted to you by these Terms. Any use beyond what is expressly permitted in section 4 requires our prior written permission.

7.  Accuracy of information

We take reasonable care to ensure that information on the Website is accurate at the time of publication. However:

• The project is in a development stage and information will evolve
• Indicative pricing, product specifications, designs, dates, and forecasts may change
• Renderings, photographs, and visualisations are illustrative and not contractually binding
• We make no representation that the information on the Website is current, complete, or error-free at all times

You should not rely on Website content as the basis for any commercial or financial decision. For specific information, please contact us directly.

8.  Third-party links and content

The Website may contain links to third-party websites or content. We do not control those sites and we are not responsible for their content, accuracy, or privacy practices. Inclusion of a link does not imply endorsement.

9.  Disclaimer of warranties

To the maximum extent permitted by South African law, the Website and its content are provided “as is” and “as available”. We make no warranties, express or implied, including but not limited to:

• That the Website will be uninterrupted, secure, or error-free
• That defects will be corrected
• That the Website is free from viruses or other harmful components
• That the information on the Website is accurate, complete, or current

Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under South African law, including under the Consumer Protection Act, 2008.

10.  Limitation of liability

To the maximum extent permitted by law, Phomolong, its directors, employees, and agents will not be liable for any direct, indirect, incidental, consequential, special, or punitive damages arising out of or in connection with your use of, or inability to use, the Website, including loss of data, loss of profits, or business interruption, even if we have been advised of the possibility of such damages.

This limitation does not apply where liability cannot lawfully be excluded under the Consumer Protection Act, 2008 or other applicable law.

11.  Indemnity

You agree to indemnify and hold Phomolong harmless against any losses, damages, claims, costs, and expenses (including reasonable legal fees) arising from your breach of these Terms or your misuse of the Website.

12.  Changes to the Website and these Terms

We may update, modify, suspend, or discontinue any part of the Website at any time without notice. We may also update these Terms from time to time. Material changes will be communicated through the Website, and the effective date at the top of these Terms will be updated. Your continued use of the Website after publication of updated Terms constitutes acceptance of those updated Terms.

13.  Governing law and jurisdiction

These Terms are governed by the laws of the Republic of South Africa. Any dispute arising from or in connection with these Terms or your use of the Website is subject to the exclusive jurisdiction of the South African courts.

14.  Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, that provision will be severed and the remaining provisions will continue in full force and effect.

15.  Contact

Questions about these Terms should be directed to:

• Phomolong Memorial Parks (Pty) Ltd
• Email: info@phomolongparks.co.za
• Postal address: 5 Stone River Estate Beverly – JHB

Expression of Interest & Survey Disclaimer

Effective Date: [20 May 2026]    Version: 1.0

1.  Purpose of this Disclaimer

This Disclaimer applies to two specific tools on our Website:

• The Phomolong Market Validation Survey (“the Survey”)
• The Expression of Interest form (“the EOI”) which appears at the end of the Survey

Because Phomolong Memorial Park is currently in the planning and development stage, it is essential that anyone completing the Survey or the EOI understands clearly what these tools are, what they are not, and what completing them does and does not commit you to.

Please read this Disclaimer carefully before completing the Survey or the EOI.

2.  Status of the project

Phomolong Memorial Park is being developed by Phomolong Memorial Parks (Pty) Ltd in partnership with FMaloko Projects (Pty) Ltd. At the date of this Disclaimer:

• The memorial park is not yet a licensed cemetery in terms of the City of Tshwane cemetery by-laws
• Heritage and environmental approvals, including any required under Section 38 of the National Heritage Resources Act, 1999, are in progress
• Capital raising and construction are scheduled but have not yet commenced or concluded
• No burial sites, plots, or memorial products are available for sale or reservation

3.  Purpose of the Survey

The Survey is a market research tool. Its purpose is to:

• Help Phomolong understand the needs, preferences, and concerns of families in our intended service area
• Validate the project’s planned product mix and design priorities
• Inform decisions about pricing, phasing, and operational design

Survey responses will primarily be analysed in aggregated, non-identifying form. Where you identify yourself through the EOI form at the end of the Survey, your individual responses may be retained alongside your contact details, subject to the consents you give.

4.  Purpose of the EOI

The EOI is a register of interest. By completing the EOI, you are telling us that you would like to be contacted in future about Phomolong Memorial Park. Specifically:

• You are not buying anything
• You are not reserving a plot, a tier, or any other product
• You are not committing to any future purchase
• You are not paying any deposit, fee, or other consideration

You are simply asking us to keep you informed and, where you have consented, to contact you with marketing communications once the memorial park is operational.

5.  Indicative pricing

Where pricing appears in the Survey or anywhere else on the Website, it is indicative only. Indicative pricing:

• Is provided to help respondents engage meaningfully with the Survey and to give a general sense of the project’s positioning
• Is non-binding, subject to change, and not an offer to sell
• Will be replaced by formal published pricing only when Phomolong is licensed and operational, at which point any sale will be governed by a separate Sale Agreement and any applicable consumer protection requirements

You should not rely on indicative pricing for budgeting, planning, or financial commitments.

6.  Three separate consents on the EOI form

The EOI form presents you with three separate consent tick-boxes. Each is independent. You may give some, all, or none of the consents, and you may withdraw any consent at any time. The three consents are:

6.1  Project development updates

Consenting to project updates allows Phomolong to contact you with information about the development of the memorial park, including construction progress, regulatory milestones, anticipated opening dates, and similar non-marketing information. This consent is not a purchase commitment and does not authorise marketing communications.

6.2  Marketing once operational

Consenting to marketing allows Phomolong, once it is licensed and operational, to contact you with marketing communications about its products and services. This consent is given specifically for the purpose of direct marketing under Section 69 of the Protection of Personal Information Act, 2013. It will only take effect once the memorial park is operational; until then, you will not receive marketing communications.

6.3  Research use of your survey responses

Consenting to research use allows Phomolong to retain and analyse your individual Survey responses, alongside your contact details from the EOI, for the purpose of project planning, product design, and feasibility analysis. Without this consent, your Survey responses will still be analysed, but in aggregated, non-identifying form only.

7.  Your right to withdraw consent

You may withdraw any of your consents at any time, in respect of any future processing, by emailing privacy@phomolongparks.co.za. Withdrawal of consent does not affect the lawfulness of processing carried out before withdrawal.

If you withdraw all of your consents and request deletion, we will delete your identifying information, retaining only aggregated, non-identifying research data and any records we are required to retain by law.

8.  No reservation, no priority, no preference

Submission of an EOI does not:

• Reserve any plot, tier, or product on your behalf
• Create any priority right or preferential access to future purchases
• Guarantee that the product tiers, pricing, or features indicated will be available in their current form when the memorial park opens

If and when the memorial park is licensed and operational, all sales will be conducted under a formal Sale Agreement and in accordance with applicable consumer protection law.

9.  Information about household income, funeral cover, and family decisions

The Survey asks about household income band, funeral cover status, and how burial decisions are made in your household. We recognise these questions are sensitive.

This information is collected only for the purpose of market research and project feasibility. It is not used to target you individually with marketing, and it is not shared with any third party for marketing purposes. You may decline to answer any of these questions by selecting “Prefer not to say” or by leaving the question blank, and you may still complete the Survey and EOI.

10.  What this Disclaimer does not exclude

Nothing in this Disclaimer is intended to:

• Limit Phomolong’s obligations under the Protection of Personal Information Act, 2013
• Limit your rights as a data subject under that Act
• Limit Phomolong’s obligations under the Consumer Protection Act, 2008, where applicable
• Exclude any liability that cannot lawfully be excluded under South African law

11.  Relationship to our other policies

This Disclaimer should be read together with our:

• Privacy Policy, which sets out in full how we collect, use, share, and protect your personal information
• Website Terms of Use, which govern your use of the Website generally
• Cookie Policy, which describes how we use cookies and similar technologies

Where there is any inconsistency between this Disclaimer and another policy in relation to the Survey or the EOI specifically, this Disclaimer prevails.

12.  Contact

Questions about this Disclaimer, the Survey, or the EOI should be directed to:

• Information Officer: Francis Maloko
• Email: privacy@phomolongparks.co.za
• General enquiries: info@phomolongparks.co.za