Table of Contents

• 1. DEFINITIONS
• 2. INTRODUCTION
• 3. CONTACT DETAILS
• 4. GUIDE OF INFORMATION REGULATOR
• 5. LATEST NOTICES IN TERMS OF SECTION 52(2) OF PAIA
• 6. AVAILABILITY OF CERTAIN RECORDS IN TERMS OF PAIA
• 7. RECORDS AVAILABLE IN TERMS OF OTHER LEGISLATION
• 8. REQUEST PROCESS
• 9. GROUNDS FOR REFUSAL
• 10. REMEDIES SHOULD A REQUEST BE REFUSED
• 11. FEES
• 12. POPI

1. Definitions

Any other terms not described herein will have the meaning as ascribed to it in terms of PAIA or POPI.

2. Introduction

• For the purpose of POPI and PAIA, the Company is defined as a private body. In accordance with the Company’s obligations in terms of POPI and PAIA, the Company has produced this manual.
• This manual sets out all information required by both PAIA and POPI.
• This manual also deals with how requests are to be made in terms of PAIA.
• This manual also establishes how compliance with POPI is to be achieved.

3. Contact Details

4. Guide of information regulator

4.1. A guide to PAIA and how to access information in terms of PAIA has been published pursuant to section 10 of PAIA.

4.2. The guide contains information required by an individual who may wish to exercise their rights in terms of PAIA.

4.3. Should you wish to access the guide you may request a copy from the Information Officer by submitting ANNEXURE A, attached hereto, to the details specified above.

4.4. You may also inspect the guide at the Company’s offices during ordinary working hours.

4.5. You may also request a copy of the guide from the Information Regulator at the following details:

• Information Regulator:
• Postal Address: P O Box 31533, Braamfontein, Johannesburg, 2017
• Telephone: +27 (10) 023-5200
• Website: www.inforegulator.gov.za
• Email: PAIAComplaints@inforegulator.org.za

5. Latest notices in terms of section 52(2) of PAIA

5.1. At this stage no Notice(s) has/have been published on the categories of records that are available without having to request access to them in terms of PAIA.

6. Availability of certain records in terms of PAIA

6.1. The Company holds and/or processes the following records for the purposes of PAIA and POPI.

6.2. The following records may be requested; however, it should be noted that there is no guarantee that the request will be honoured. Each request will be evaluated in terms of PAIA and any other applicable legislation.

Products and/or services:

• All products and/or services are available freely on the Company’s website as set out above.

Human resources:

• Employment Contracts
• Employee Benefits
• Personnel Records and Correspondence
• Training Records
• Internal Policies
• Information pertaining to bonus’ of each employee

Legal:

• Agreements with Clients
• Agreement with Suppliers
• Sale Agreements

Company secretarial:

• Memorandum of Incorporation
• Secretarial Records
• Tradename Registrations
• Trademark Registrations
• Company Registration Documents
• Statutory Registers
• Register of Directors
• Share Certificates

Financial:

• Accounting Records
• Annual Reports
• Interim Reports
• Auditor Details and Reports
• Tax Returns
• Insurance Records

Client:

• Client Database
• Correspondence with Clients
• Documentation prepared for Clients
• Invoices, receipts, credit and debit notes

Marketing:

• Published Marketing Material

Miscellaneous:

• Internal Correspondence
• Information Technology Records
• Trade secrets
• Domain Name Registrations
• Website Information
• Asset Registers
• Title Deeds

7. Records available in terms of other legislation

• Basic Conditions of Employment Act, No. 75 of 1997
• Companies Act, No. 71 of 2008
• Compensation for Occupational Injuries and Diseases Act, No. 130 of 1993
• Competition Act, No. 89 of 1998
• Constitution of the Republic of South Africa Act, No. 108 of 1996
• Debt Collectors Act, No. 114 of 1998
• Deed Registries Act, No. 47 of 1937
• Electronic Communication and Transactions Act, No. 25 of 2002
• Employment Equity Act, No. 55 of 1998
• Financial Intelligence Centre Act, No. 38 of 2001
• Identification Act, No. 68 of 1997
• Income Tax Act, No. 58 of 1962
• Insolvency Act, No. 24 of 1936
• National Water Act No. 36 of 1998
• Occupational Health and Safety Act No. 85 of 1993
• Prescription Act No. 68 of 1969
• Prevention of Organised Crime Act No. 121 of 1998
• Promotion of Access to Information Act, No. 2 of 2000
• Protection of Personal Information Act, No. 4 of 2013
• Short Term Insurance Act, No. 53 of 1998
• Skills Development Levies Act, No. 9 of 1999
• The Criminal Procedure Act, No. 51 of 1977
• The Labour Relations Act, No. 66 of 1995
• The Long-Term Insurance Act, No. 52 of 1998
• Trademark Act No. 194 of 1993
• Unemployment Insurance Act, No. 63 of 2001
• Value Added Tax Act, No. 89 of 1991

*Although we have used our best endeavours to supply a list of applicable legislation, it is possible that this list may be incomplete. Whenever it comes to our attention that existing or new legislation allows a requester access on a basis other than as set out in PAIA, we shall update the list accordingly. If a requester believes that a right of access to a record exists in terms of other legislation listed above or any other legislation, the requester is required to indicate what legislative right the request is based on, to allow the Information Officer the opportunity of considering the request in light thereof.

8. Request process

• An individual who wishes to place a request must comply with all the procedures laid down in PAIA.
• The requester must complete ANNEXURE B, which is attached hereto and submit it to the Information Officer at the details specified above.
• The prescribed form must be submitted as well as payment of a request fee and a deposit, if applicable, to the Information Officer at the postal or physical address, fax number or electronic mail as is stated herein.
• The prescribed form must be completed with enough particularity to enable the Information Officer to determine:
  • The record(s) requested;
  • The identity of the requestor;
  • What form of access is required; and
  • The postal address or fax number of the requestor.
• The requestor must state that the records are required for the requestor to exercise or protect a right, and clearly state what the nature of the right is so to be exercised or protected. An explanation of why the records requested is required to exercise or protect the right.
• The request for access will be dealt with within 30 days from date of receipt, unless the requestor has set out special grounds that satisfy the Information Officer that the request be dealt with sooner.
• The period of 30 days may be extended by not more than 30 additional days, if the request is for a large quantity of information, or the request requires a search for information held at another office of the Company and the information cannot be reasonably obtained within 30 days. The Information Officer will notify the requestor in writing should an extension be necessary.
• The Information Officer must communicate a response to the request for access using “Annexure E”, this communication shall inform the requestor of:
  • The decision;
  • Fees payable in terms of paragraph 11.
• In the event that the Information Officer is of the opinion that the searching and preparation of the record for disclosure would amount to more than 6 hours, he/she shall inform the requestor to pay a deposit not exceeding one third of the amount payable.
• Should the requestor have any difficulty with the form or the process laid out herein, the requestor should contact the Information Officer for assistance.
• An oral request can be made to the Information Officer should the requestor be unable to complete the form due to illiteracy or a disability. The Information Officer will complete the form on behalf of the requestor and provide a copy of the form to the requestor.

9. Grounds for refusal

• The following are grounds upon which the Company may, subject to the exceptions in Chapter 4 of PAIA, refuse a request for access in accordance with Chapter 4 of PAIA:
  • Mandatory protection of the privacy of a third party who is a natural person, including a deceased person, where such disclosure of Personal Information would be unreasonable.
  • Mandatory protection of the commercial information of a third party, if the records contain:
    • Trade secrets of that third party;
    • Financial, commercial, scientific or technical information of the third party, the disclosure of which could likely cause harm to the financial or commercial interests of that third party; and/or
    • Information disclosed in confidence by a third party to The Company, the disclosure of which could put that third party at a disadvantage in contractual or other negotiations or prejudice the third party in commercial competition;
  • Mandatory protection of confidential information of third parties if it is protected in terms of any agreement;
  • Mandatory protection of the safety of individuals and the protection of property;
  • Mandatory protection of records that would be regarded as privileged in legal proceedings;
  • Protection of the commercial information of the Company, which may include:
    • Trade secrets;
    • Financial/commercial, scientific or technical information, the disclosure of which could likely cause harm to the financial or commercial interests of the Company;
    • Information which, if disclosed, could put the Company at a disadvantage in contractual or other negotiations or prejudice the Company in commercial competition; and/or
    • Computer programs which are owned by the Company, and which are protected by copyright and intellectual property laws;
  • Research information of the Company or a third party, if such disclosure would place the research or the researcher at a serious disadvantage;
  • Requests for records that are clearly frivolous or vexatious, or which involve an unreasonable diversion of resources.

10. Remedies should a request be refused

• The Company does not have an internal appeal procedure in light of a denial of a request; decisions made by the Information Officer are final.
• The requestor may, in accordance with sections 56(3) (c) and 78 of PAIA, apply to a court for relief within 180 days of notification of the decision for appropriate relief.

11. Fees

12. POPI

12.1. Conditions for lawful processing:

• 12.1.1. POPI has eight conditions for lawful processing and includes:
  • 12.1.1.1. Accountability
  • 12.1.1.2. Processing limitation
  • 12.1.1.3. Purpose specification
  • 12.1.1.4. Further processing limitation
  • 12.1.1.5. Information quality
  • 12.1.1.6. Openness
  • 12.1.1.7. Security safeguards
  • 12.1.1.8. Data subject participation
• 12.1.2. The Company is involved in the following types of processing:
  • 12.1.2.1. Collection
  • 12.1.2.2. Recording
  • 12.1.2.3. Organization
  • 12.1.2.4. Structuring
  • 12.1.2.5. Storage
  • 12.1.2.6. Adaptation or alteration
  • 12.1.2.7. Retrieval
  • 12.1.2.8. Consultation
  • 12.1.2.9. Use
  • 12.1.2.10. Disclosure by transmission
  • 12.1.2.11. Dissemination or otherwise making available
  • 12.1.2.12. Alignment or combination
  • 12.1.2.13. Restriction
  • 12.1.2.14. Erasure
  • 12.1.2.15. Destruction
• 12.1.3. The Company processes information for the following purposes:
  • 12.1.3.1. To fulfil agreements in relation to its employees;
  • 12.1.3.2. To provide services to its Clients in accordance with terms agreed to by the Clients;
  • 12.1.3.3. To undertake activities related to the provision of services, such as:
    • 12.1.3.3.1. To fulfil domestic legal, regulatory and compliance requirements;
    • 12.1.3.3.2. To verify the identity of Customer representatives who contact the Company or may be contacted by The Company;
    • 12.1.3.3.3. For risk assessment, information security management, statistical, trend analysis and planning purposes;
    • 12.1.3.3.4. To monitor and record calls and electronic communications with the Client for quality, training, investigation and fraud prevention purposes;
    • 12.1.3.3.5. To enforce or defend the Company or the Company affiliates’ rights;
    • 12.1.3.3.6. To manage the Company’s relationship with its clients, which may include providing information to its clients and its clients affiliates about the Company’s and the Company affiliates’ products and services;
  • 12.1.3.4. The purposes related to any authorised disclosure made in terms of agreement, law or regulation;
  • 12.1.3.5. Any additional purposes expressly authorised by the Company’s client;
  • 12.1.3.6. Any additional purposes as may be notified to the Client or Data Subjects in any notice provided by the Company.
• 12.2. The Company processes personal information of the following categories of Data Subjects:
  • 12.2.1. Juristic persons –
    • 12.2.1.1. Corporate Clients
    • 12.2.1.2. Suppliers
  • 12.2.2. Natural persons –
    • 12.2.2.1. Individuals
    • 12.2.2.2. Staff
    • 12.2.2.3. Clients
    • 12.2.2.4. Suppliers
• 12.3. The Company processes the following categories of personal information:
  • 12.3.1. Client profile information;
  • 12.3.2. Bank account details;
  • 12.3.3. Payment information;
  • 12.3.4. Client representatives;
  • 12.3.5. Names;
  • 12.3.6. Email addresses;
  • 12.3.7. Telephone numbers;
  • 12.3.8. Facsimile numbers;
  • 12.3.9. Physical addresses;
  • 12.3.10. Tax numbers;
  • 12.3.11. Identity numbers;
• 12.4. Recipients of Personal Information:
  • 12.4.1. The Company, the Company’s affiliates, their respective representatives.
• 12.5. When making authorised disclosures or transfers of personal information in terms of Section 72 of POPI, personal information may be disclosed to recipients in countries that do not have the same level of protection for personal information as South Africa does.
• 12.6. The following Security measures are implemented by the Company:
  • 12.7. The Company implements numerous Security measures to protect personal information that is stored electronically and physically.
    • 12.7.1. The Company ensures that appropriate security measures are taken and updates these measures on a regular basis.
    • 12.7.2. The Company has also implemented various policies for additional security for personal information stored both physically and electronically.
  • 12.8. The personal information that is stored physically is protected as follows:
    • 12.8.1. Where physical records of the data exist, such records will be stored in a secure area that can be ‘locked-away’ as to avoid a breach of the personal information.
    • 12.8.2. Such physical data records will be ‘locked-away’ and secured when not in use.
  • 12.9. The Company may share personal information with third parties and in certain instances this may result in cross-border flow of the personal information. The personal information will always be subject to protection, not less than the protection it is afforded under the Protection of Personal Information Act No.4 of 2013.
  • 12.10. Objection to the processing of personal information by a data subject:
    • 12.10.1. Section 11(3) of POPI and regulation 2 of the POPI regulations provides that a data subject may, at any time object to the processing of their personal information in the prescribed form attached to this manual as ANNEXURE “C”.
  • 12.11. Request for correction or deletion of personal information:
    • 12.11.1. Section 24 of POPI and regulation 3 of the POPI regulations provides that a data subject may request for their personal information to be corrected and/or deleted in the prescribed form attached hereto as ANNEXURE “D”.
    • 12.11.2. Regulation 8 of the POPI regulations provides for requests the outcomes of requests and of fees payable in the prescribed form attached hereto as ANNEXURE “E”.