2015/163896/07 ACCESS-TO-INFORMATION MANUAL of ORDER CTRL (PTY) LTD compiled in terms of Section 51 of The Promotion of Access to Information Act 2/2000 And The Protection of Personal Information Act 2013 INDEX 1. Order Ctrl (Pty) Ltd 1 2. Contact Details 1 3. The ACT and Section 10 Guide 1 4. Applicable Legislation 2 5. Schedule of Records held by the company: Section 51(1)(E) 3 6. Processing of Personal Information 4 7. Access to records held by the company 5 8. Form of Request 6 9. Ground for refusal of access to records 6 10. Remedies available to requester on refusal of access 7 11. Prescribed fees 7 12. Prescribed Form C 8 1. INTRODUCTION Order Ctrl (Pty) Ltd specializes in sales and production control software. 2. COMPANY CONTACT DETAILS Directors: Postal Address: Street Address: Telephone Number: Fax Number: Email Address: Website: Mr. C. Gerber (Information Officer) 18 Aston Road, Lonehill, Johannesburg, 2062 18 Aston Road, Lonehill Johannesburg 2062 063 500 3622 N/A Chris@orderctrl.co.za www.orderctrl.co.za 3. THE ACT 3.1 The ACT grants a requester access to records of a private body, if the record is required for the exercise or protection of any rights. If a public body lodges a request, the public body must be acting in the public interest. 3.2 Requests in terms of the ACT shall be made in accordance with the prescribed procedures, at the rates provided. The forms and tariff are dealt with in paragraphs 6 and 7 of the Act. 3.3 Requesters are referred to the Guide in terms of Section 10 which has been compiled by the South African Human Rights Commission, which will contain information for the purposes of exercising Constitutional Rights. The Guide is available from the SAHRC. The contact details of the Commission are: Postal Address: Private Bag 2700, Houghton, 2041 Telephone Number: +27-11-877 3600 Fax Number: +27-11-403 0625 Website: www.sahrc.org.za 3.4 The Protection of Personal Information Act, 2013 (POPIA Act) aims to promote the protection of of personal information processed by public and private bodies by, among others, introducing certain conditions for the lawful processing of personal information to establish minimum requirements for the processing of such information. Page 1 4. APPLICABLE LEGISLATION No Ref Act 1 No 75 of 1997 Basic Conditions of Employment Act 2 No 53 of 2003 Broad Based Black Economic Empowerment Act 3 No 71 of 2008 Companies Act 4 No 130 of 1993 Compensation for Occupational Injuries and Diseases Act 5 No 108 of 1996 Constitution of the Republic of South Africa 6 No 68 of 2008 Consumer Protection Act 7 No 98 of 1978 Copyright Act 8 No 75 of 1980 Credit Agreements Act 9 No 114 of 1998 Debtors Collectors Act 10 No 36 of 2005 Electronic Communications Act 11 No 25 of 2002 Electronic Communications and Transactions Act 12 No 55 of 1998 Employment Equity Act 13 No 35 of 2000 Finance Act 14 No 38 of 2001 Financial Intelligence Centre Act 15 No 21 of 1994 Income Tax Act 16 No 66 of 1995 Labour Relations Act 17 No 85 of 1993 Occupational Health and Safety Act 18 No 2 of 2000 Promotion of Access of Information Act 19 No 70 of 2002 Regulation of Communications and Provisions of Communications Related Information Act 20 No 97 of 1998 Skills Development Act 21 No 9 of 1999 Skills Development Levies Act 22 No 4 of 2002 Unemployment Contributions Act 23 No 30 of 1996 Unemployment Insurance Act 24 No 89 of 1991 Value-added Tax Act Page 2 5. SCHEDULE OF RECORDS HELD BY THE COMPANY: SECTION 51(1)(E) Records Subject Companies Act Records · Documents of incorporation · Memorandum of Incorporation · Minutes of Board of Directors meetings · Records relating to the appointment of directors / auditor / secretary / public officer and other officers · Share Register and other statutory registers Financial Records · Annual Financial Statements · Tax Returns · Accounting Records · Banking Records · Bank Statements · Electronic banking records · Asset Register · Rental Agreements · Invoices Tax Records · PAYE Records · Documents issued to employees for income tax purposes · Records of payments made to SARS on behalf of employees · All other statutory compliances Personnel Documents and Records · Employment contracts · Employment Equity Plan · Disciplinary records · Salary records · Disciplinary code · Leave records · Training records · Training Manuals Client Documents and Records · Contact details (telephone numbers and email addresses) of clients · Physical and postal addresses · Company / CC registration details Page 3 6. PROCESSING OF PERSONAL INFORMATION 6.1 Purpose of Processing The Company uses the Personal Information under its care in the following ways: - Rendering service according to instructions given by clients - Staff administration - Keeping of accounts and records - Complying with tax laws 6.2 Categories of Data Subjects and their Personal Information The Company may possess records relating to suppliers, shareholders, contractors service providers, staff and clients: Entity Type Clients – Juristic Persons / Entities Clients Intermediary / Advisor Contracted Service Providers Employees / Directors Personal Information Processed Names of contact persons; Name of Legal Entity; Physical and Postal address and contact details; Financial information; Registration Number; Founding documents; Tax related information; authorised signatories, beneficiaries, ultimate beneficial owners Names; registration number; contact details; physical and postal addresses; Tax related information; confidential correspondence Names of contact persons; Name of Legal Entity; Physical and Postal address and contact details; Financial information; Registration Number; Founding documents; Tax related information; authorised signatories, beneficiaries, ultimate beneficial owners Names of contact persons; Name of Legal Entity; Physical and Postal address and contact details; Financial information; Registration Number; Founding documents; Tax related information; authorised signatories, beneficiaries, ultimate beneficial owners Gender, Pregnancy; Marital Status; Colour, Age, Language, Education information; Financial Information; Employment History; ID number; Physical and Postal address; Contact details; Opinions, Criminal behaviour; Well-being 6.3 Categories of Recipients for Processing the Personal Information The Company may supply the Personal Information to service providers who render the following services: - Capturing and organising of data. - Storing of data. - Sending of emails and other correspondence to clients - Conducting due diligence checks. - Administration of the Collective Investment Schemes. Page 4 6.4 General Description of Information Security Measures The Company employs up to date technology to ensure the confidentiality, integrity, and availability of the Personal Information under its care. Measures include: - Firewalls - Virus protection software and update protocols - Logical and physical access control. - Secure setup of hardware and software making up the IT infrastructure 7. ACCESS TO RECORDS HELD BY THE COMPANY 7.1 Records held by the Company may be accessed on request only once the requirements for access have been met. A requester is any person making a request for access to a record of the Company and in this regard, the Act distinguishes between two types of requesters: 7.1.1 Personal Requester A personal requester is a requester who is seeking access to a record containing personal information about the requester. Subject to the provisions of the Act and applicable law, the Company will provide the requested information, or give access to any record about the requester’s personal information. The prescribed fee for reproduction of the information requested will be charged by the Company. 7.1.2 Other Requester This requester (other than a personal requester) is entitled to request access to information pertaining to third parties. However, the Company is not obliged to grant access prior to the requester fulfilling the requirements for access in terms of the Act. The prescribed fee for reproduction of the information requested will be charged by the Company. 7.1.3 Request Procedure A requester must comply with all the procedural requirements contained in the Act relating to a request for access to a record. A requester must complete the prescribed form enclosed herewith in Appendix 1 and submit same 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 address stated herein. The prescribed form must be filled in with enough particularity to at least enable the information officer to identify: - The record or records requested. - The identity of the requester. - What form of access is required; and - The postal address or fax number of the requester. 7.2 A requester must state that he or she requires the information to exercise or protect a right, and clearly state what the nature of the right is so to be exercised or protected. The requester must also provide an explanation of why the requested record is required for the exercise or protection of that right. 7.3 The Company will process a request within 30 days, unless the requestor has stated special reasons which would satisfy the information officer that circumstances dictate that this time period not be complied with. 7.4 The requester shall be informed in writing whether access has been granted or denied. If, in addition, the requester requires the reasons for the decision in any other manner, he or she must state the manner and the particulars so required. If a request is made on behalf of another person, the requester must then submit proof of the capacity in which the requester is making the request to the satisfaction of the information officer. If an individual is unable to complete the prescribed form because of illiteracy or disability, such a person may make the request orally to the information officer. Page 5 7.5 Decision The Company will, within 30 days of receipt of a request, decide whether to grant or decline a request and give notice with reasons (if required) to that effect. The 30-day period within which the Company must decide whether to grant or refuse a request, may be extended for a further period of not more than 30 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 (other than the head office) and the information cannot reasonably be obtained within the original 30-day period. The information officer will notify the requester in writing should an extension be necessary. 8. FORM OF REQUEST To facilitate the processing of your request, kindly: 8.1 Use the prescribed form to request for personal information, it is available on the website of the SOUTH AFRICAN HUMAN RIGHTS COMMISSION at www.sahrc.org.za. 8.2 Address your request to the Head of the Company (Director). 8.3 Provide sufficient details to enable the COMPANY to identify: (a) The record(s) requested; (b) The requester (and if an agent is lodging the request, proof of capacity); (c) The form of access required; (d) (i) The postal address or fax number of the requester in the Republic; (ii) If the requester wishes to be informed of the decision in any manner (in addition to written) the manner and particulars thereof; (e) The right which the requester is seeking to exercise or protect with an explanation of the reason the record is required to exercise or protect the right. 9. GROUND FOR REFUSAL OF ACCESS TO RECORDS The main grounds on which Order Ctrl (Pty) Ltd may refuse access to records relate to: - The privacy of a third party who is a natural person - The commercial information of a third party - Confidential information of a third party - The safety of individuals and property - Legally privileged records and - Commercial information of Order Ctrl (Pty) Ltd, which may include without limitation: - Trade secrets - Financial, commercial, scientific, or technical information, the disclosure of which would likely harm the financial or commercial interests of Order Ctrl (Pty) Ltd - Information that if disclosed could put Order Ctrl (Pty) Ltd at a disadvantage in negotiations or commercial competition - Computer programs and related information technology software that are owned by Order Ctrl (Pty) Ltd and that are protected by copyright and - Research information compiled by Order Ctrl (Pty) Ltd or a third party, if disclosure would expose the third party, researcher or subject matter of the research and therefore seriously disadvantage Order Ctrl (Pty) Ltd Requests submitted in terms of the Protection of Personal Information Act, 4 of 2013, may be refused on the same grounds set out above. Page 6 10. REMEDIES AVAILABLE TO A REQUESTER ON REFUSAL OF ACCESS Order Ctrl (Pty) Ltd does not have any internal appeal procedures that may be followed once a request to access information has been refused. The decision of the information officer or deputy information officer is final. If you are not satisfied with the outcome of your request, you are entitled to apply to a court of competent jurisdiction to take the matter further. 11. PRESCRIBED FEES The following applies to requests (other than personal requests): 9.1 A requestor is required to pay the prescribed fees (R50.00) before a request will be processed; 9.2 If the preparation of the record requested requires more than the prescribed hours (six), a deposit shall be paid (of not more than one third of the access fee which would be payable if the request were granted); 9.3 A requestor may lodge an application with a court against the tender/payment of the request fee and/or deposit; 9.4 Records may be withheld until the fees have been paid. 9.5 The fee structure is available on the website of the SOUTH AFRICAN HUMAN RIGHTS COMMISSION at www.sahrc.org.za. Page 7 FORM C REQUEST FOR ACCESS TO RECORD OF PRIVATE BODY (Section 53(1) of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000) [Regulation 10] A. Particulars of private body The Head: B. Particulars of person requesting access to the record (a) The particulars of the person who requests access to the record must be given below. (b) The address and/or fax number in the Republic to which the information is to be sent must be given. (c) Proof of the capacity in which the request is made, if applicable, must be attached. Full names and surname: Identity number: Postal address: Fax number: Telephone number: E-mail address: Capacity in which request is made, when made on behalf of another person: C. Particulars of person on whose behalf request is made This section must be completed ONLY if a request for information is made on behalf of another person. Full names and surname: Identity number: D. Particulars of record (a) Provide full particulars of the record to which access is requested, including the reference number if that is known to you, to enable the record to be located. (b) If the provided space is inadequate, please continue on a separate folio and attach it to this form. The requester must sign all the additional folios. 1 Description of record or relevant part of the record: 2 Reference number, if available: 3 Any further particulars of record: Page 8 E. Fees (a) A request for access to a record, other than a record containing personal information about yourself, will be processed only after a request fee has been paid. (b) You will be notified of the amount required to be paid as the request fee. (c) The fee payable for access to a record depends on the form in which access is required and the reasonable time required to search for and prepare a record. (d) If you qualify for exemption of the payment of any fee, please state the reason for exemption. Reason for exemption from payment of fees: F. Form of access to record If you are prevented by a disability to read, view or listen to the record in the form of access provided for in 1 to 4 hereunder, state your disability and indicate in which form the record is required. Disability: Form in which record is required: Form in which record is required Mark the appropriate box with an X. NOTES: (a) Compliance with your request in the specified form may depend on the form in which the record is available. (b) Access in the form requested may be refused in certain circumstances. In such a case you will be informed if access will be granted in another form. (c) The fee payable for access for the record, if any, will be determined partly by the form in which access is requested. 1. If the record is in written or printed form: copy of record* inspection of record 2. If record consists of visual images this includes photographs, slides, video recordings, computer-generated images, sketches, etc) view the images copy of the images" transcription of the images* 3. If record consists of recorded words or information which can be reproduced in sound: listen to the soundtrack audio cassette transcription of soundtrack* written or printed document 4. If record is held on computer or in an electronic or machine-readable form: printed copy of record* printed copy of information derived from the record" copy in computer readable form* (stiffy or compact disc) 'If you requested a copy or transcription of a record (above), do you wish the copy or transcription to be posted to you? Postage is payable. YES NO Page 9 G Particulars of right to be exercised or protected If the provided space is inadequate, please continue on a separate folio and attach it to this form. The requester must sign all the additional folios. 1. Indicate which right is to be exercised or protected: 2. Explain why the record requested is required for the exercise or protection of the aforementioned right: H. Notice of decision regarding request for access You will be notified in writing whether your request has been approved/denied. If you wish to be informed in another manner, please specify the manner and provide the necessary particulars to enable compliance with your request.