PAIA Manual
COOLCART (PTY) LTDRegistration number: 2021/981256/07
Published in terms of Section 51 of
The Promotion of Access to Information Act
Number: 2/2000
1. Introduction
1.1. This Promotion of Access to Information Manual (Manual”) provides an outline of the type of records and the personal information it holds, and explains how to submit requests for access to these records in terms of the Promotion of Access to Information Act 2 of 2000 (PAIA Act”). In addition, it explains how to access, or object to, personal information held by Coolcart, or request correction of the personal information, in terms of paragraphs 23 and 24 of the Protection of Personal Information Act 4 of 2013 (POPI Act”).
1.2. This Manual is compiled in accordance with section 51 of PAIA as amended by the Protection of Personal Information Act, 2013 ("POPIA"). POPIA promotes the protection ofpersonal information processed by public and private bodies, including certain conditions so as to establish minimum requirements for the processing of personal information.
1.3. The aim of this manual is to facilitate the requests for access to records of the company as provided for in the Act.
2. Definitions
2.1. Data Subject”means an individual who is the subject of personal data. In other words, the data subject is the individual whom particular personal data is about. The Act does not count
as a data subject individual who has died or who cannot be
identified or distinguished from others.
2.2. Coolcart” means duly registered company incorporated within the laws of the Republic of South Africa, registration number:
2021/981256/07.
2.3. Requester” means the person or entity requesting the information from
Coolcart.
2.4. The Act”means Promotion Access to Information Act, 2 of 2000.
3. About Coolcart
3.1. Coolcart conducts business as online e-commerce store, providing a broad range of products, services and solutions to its diversified clients. This Website is owned and operated by Coolcart.
3.2. Company Contact Details
Coolcart (Pty) Ltd
Information Officer:Ms. Lilian Muhammed
Postal Address: Unit 10 Block 6, Riversands Outlet Park, Fourways, Johannesburg
Street Address: Unit 10 Block 6, Riversands Outlet Park, Fourways, Johannesburg
Telephone Number: +27105977775
Email: admin@coolcart.co.za
4. Information Regulators Guide
An official Guide has been compiled which contains information to assist a person wishing to exercise a right of access to information in terms of PAIA and POPIA. This Guide is made available by the Information Regulator (established in terms of POPIA). Copies of the updated Guide are available from Information Regulator in the manner prescribed. Any enquiries regarding the Guide should be directed to:
Postal Address: 33 Hoofd Street Forum III,
3rd Floor Braampark Braamfontein, Johannesburg Telephone Number: +27 (0)10 023 5200
-Email Address: inforeg@justice.gov.za
Website: https://www.justice.gov.za/inforeg/
5. Purpose Of This Manual
5.1. The purpose of this manual is to facilitate access to records held by Coolcart;
5.2. to set out the requirements and process with regard to who may request information in terms of PAIA as well as the grounds on which a request may be denied;
5.3. to describe the manner and form in which a request for information must be submitted;
and
5.4. to comply with the additional requirements imposed by POPIA.
6. Entry Point For Requests
6.1. PAIA provides that a person may only make a request for information, if the information is required for the exercise or protection of a legitimate right.
6.2. Information will therefore not be furnished unless a person provides sufficient particulars to enable Coolcart to identify the right that the requester is seeking to protect as well as an explanation as to why the requested information is required for the exercise or protection of that right. The exercise of an individual’s rights is subject to justifiable limitations, including the reasonable protection of privacy, commercial confidentiality and effective, efficient and good governance.
6.3. PAIA and the request procedure contained in this Manual may not be used for access to a record for criminal or civil proceedings, nor should information be requested after the commencement of such proceedings.
6.4. The Information Officer has been delegated with the task of receiving and co-ordinating all requests for access to records in terms of PAIA, in order to ensure proper compliance with PAIA and POPIA.
6.5. The Information Officer will facilitate the liaison with the internal legal team on all of these requests.
6.6. All requests in terms of PAIA and this Manual must be addressed to the Information
Officer using the details in paragraph 3.2 above.
7. Information that is obtainable via the Coolcart website is automatically available and need not be formally requested in terms of this Manual.
7.1. The following categories of records are automatically available for inspection, purchase or photocopying:
7.1.1. brochures
7.1.2. press releases
7.1.3. publication; and
7.1.4. various other marketing and promotional material.
8. Information Available In Terms Of Popia
In terms of POPIA, personal information must be processed for a specified purpose. The purpose for which data is processed by Coolcart will depend on the nature of the data and the particular data subject. Please also refer to the Coolcart’s Privacy Policy on https://www.coolcart.co.za/privacypolicyy.
9. The purpose of processing personal information
The type of personal information that we process will depend on the purpose for which it is collected. We will disclose to you why the personal information is being collected and will process the personal information for that purpose only.
10. Categories of Data subjects and personal information processed
10.1. Coolcart holds information and records on the following categories of data subjects:
10.1.1. employees or staff of Coolcart;
10.1.2. contractors of the Coolcart;
10.1.3. suppliers of the Coolcart;
10.1.4. service providers of the Coolcart; and
10.1.5. Customers of Coolcart.
11. The recipients or categories of recipients to whom the personal information may be supplied
11.1.Depending on the nature of the personal information, Coolcart may supply information or records to the following categories of recipients:
11.1.1. statutory oversight bodies, regulators or judicial commissions of enquiry making request for data;
11.1.2. any court, administrative or judicial forum, arbitration making a request for data or discovery in terms of the applicable rules (i.e. South African Revenue Services or another similar authority and anyone making a successful application for access in terms of PAIA; and
11.1.3. any person who conducts business with Coolcart, in the ordinary course of business.
12. Trans-border flow of personal information
12.1. Coolcart will only transfer personal information across South African borders if the relevant business transaction or situation requires trans-border processing, and do so only in accordance with South African legislative requirements; or if the data
subject consents to transfer of their personal information to third parties in foreign countries.
12.2. We will take steps to ensure that operators are bound by laws, binding corporate rules or binding agreements that provide an adequate level of protection and uphold principles for reasonable and lawful processing of personal information, in terms of the POPI Act.
12.3. Coolcart will takes extensive information security measures to ensure the confidentiality, integrity and availability of personal information in our possession. Coolcart takes appropriate technical and organisational measures designed to ensure that personal data remains confidential and secure against unauthorised or unlawful processing and against accidental loss, destruction or damage.
13. Personal information received from third parties
When we receive personal information from a third party on behalf of a data subject, we require confirmation that they have written consent from the data subject that they are aware of the contents of this PAIA manual and the Coolcart’s Privacy Policy, and do not have any objection to our processing their information in accordance with this policy.
14. Applicable Legislation
|
Basic Conditions of Employment Act 75 of 1997 |
|
Companies Act 71 of 2008 |
|
Compensation of Occupational Injuries and Diseases Act 130 of 1993 |
|
Cybercrimes Act 19 of 2020 |
|
Electronic Communications and Transaction Act 25 of 2002 |
|
Employment Equity Act55 of 1998 |
|
Income Tax Act 95 of 1967 |
|
Labour Relations Act 66 of 1995 |
|
Non-Profit Organisation Amendment Act 17 of 2000 |
|
Occupational Health and Safety Act 85 of 1993 |
|
Skills Development Levy Act 97 of 1998 |
|
Promotion of Access to Information Act 2 of 2000 |
|
Protection of Personal Information Act 4 of 2013 |
|
Unemployment Contributions Act 4 of 2002 |
|
Unemployment Insurance Act 63 of 2001 |
|
Value Added Tax Act 89 of 1991 |
15. Records available upon request
15.1. Coolcart maintains records on the categories and subject matters listed below. Take note that these are records which are maintained by Coolcart but does not imply that the requester request for access to this information will be accepted. All requests shall be assessed on a case by case basis in accordance with PAIA.
15.2. The records which are held are mainly of third parties, ie. Clients and employees and protections of these third party confidential information is taken very seriously.
15.3. Coolcart provides professional advice to clients and many records which are held are confidential and others are the property of the client and not of Coolcart.
16. Categories of Information
16.1.Coolcart’s documentation includes the following:
Shareholders agreement,
memorandum of incorporation,
financial records;
operational records;
Intellectual property;
Marketing records;
Internal correspondence;
Service records;
Statutory records;
Internal policies and procedures; and
Minutes of meetings.
16.2.Employee/ staff records
For the purposes of this section, employee or staff” means any person who works for or provides services to or on behalf of Coolcart and receives or is entitled to receive any remuneration and any other person who assists in carrying out or conducting the business of Coolcart.
This includes partners, directors, all permanent, temporary and part-time staff as well as consultants and contract workers.
Any personal records provided to us by our employee/staff;
Any records a third party has provided to us about any of their personnel;
Conditions of employment and other personnel-related contractual records;
Employment policies and procedures;
Internal evaluation and disciplinary records; and
Other internal records and correspondence.
16.3.Client-related records
Contracts with the client and between the client and other persons.
Other third party records
16.4.Records are kept in respect of other parties
Including without limitation contractors and sub-contractors;
personnel, client, or Coolcart records which are held by another party as opposed to being held by Coolcart; and
records held by Coolcart pertaining to other parties, including financial records, correspondence, contractual records, records kept by contractors, suppliers, service providers. In addition, such other parties may possess records which can be said to belong to Coolcart.
16.5.Other records
Information relating to Coolcart; and
research information belonging to Coolcart.
17. Procedure To Request
17.1. Completion of the prescribed form.
17.2. Any request for access to a record in terms of PAIA must substantially correspond with Form C of Appendix B to Government Notice No. R.187 dated 15 February 2002 and should be specific in terms of the record requested. Please refer to Appendix B.
17.3. A request for access to information which does not comply with the formalities as
prescribed by PAIA will be returned to you.
17.4. POPIA provides that a data subject may, upon proof of identity, request the Coolcart to confirm, free of charge, all the information it holds about the data subject and may request access to such information, including information about the identity of third parties who have or have had access to such information.
17.5. POPIA also provides that where the data subject is required to pay a fee for services provided to him/her, Coolcart must provide the data subject with a written estimate of the payable amount before providing the service and may require that the data subject pays a deposit for all or part of the fee.
18. Grounds for refusal of the data subject’s request
18.1. POPIA provides that a data subject may object, at any time, to the processing of personal information by Coolcart, on reasonable grounds relating to his/her particular situation, unless legislation provides for such processing. The data subject must complete the prescribed form attached hereto as Appendix C and submit it to the Information Officer at the postal or physical address, facsimile number or electronic mail address set out above.
18.2. A data subject may also request Coolcart to correct or delete personal information about the data subject in its possession or under its control that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or obtained unlawfully; or destroy or delete a record of personal information about the data subject that Coolcart is no longer authorised to retain records in terms of POPIA's retention and restriction of records provisions.
18.3. A data subject that wishes to request a correction or deletion of personal information or the destruction or deletion of a record of personal information must submit a request to the Information Officer at the postal or physical address, facsimile number or electronic mail address set out above on the form attached hereto as Appendix D.
18.4. Proof of identity Proof of identity is required to authenticate your identity and the request. In addition to the prescribed form, you will be required to submit acceptable proof of identity such as a certified copy of your identity document or other legal forms of identity.
19. Prescribed fees
19.1. There are two categories of fees which are payable:
19.1.1. The request fee: R50
19.1.2. The access fee: This is calculated by taking into account reproduction costs, search and preparation costs, as well as postal costs. These fees are set out in Appendix B.
19.1.3. Section 54 of PAIA entitles Coolcart to levy a charge or to request a fee to enable
it to recover the cost of processing a request and providing access to records. The fees that may be charged are set out in Regulation 9(2)(c) promulgated under PAIA.
19.1.4. Where a decision to grant a request has been taken, the record will not be disclosed until the necessary fees have been paid in full.
20. Timeframes for consideration of a request for access
20.1.Requests will be processed within 30 (thirty) days, unless the request contains considerations that are of such a nature that an extension of the time limit is needed.
20.2. Should an extension be required, you will be notified, together with reasons explaining
why the extension is necessary.
21. Grounds for refusal of access and protection of information
21.1.There are various grounds upon which a request for access to a record may be refused.
These grounds include:
21.1.1. the protection of personal information of a third person (who is a natural person)
from unreasonable disclosure;
21.1.2. the protection of commercial information of a third party (for example: trade secrets; financial, commercial, scientific or technical information that may harm the commercial or financial interests of a third party);
21.1.3. if disclosure would result in the breach of a duty of confidence owed to a third
party;
21.1.4. if disclosure would jeopardise the safety of an individual or prejudice or impair certain property rights of a third person;
21.1.5. if the record was produced during legal proceedings, unless that legal privilege
has been waived;
21.1.6. if the record contains trade secrets, financial or sensitive information or any information that would put Coolcart (at a disadvantage in negotiations or prejudice it in commercial competition); and/or
21.1.7. if the record contains information about research being carried out or about to be carried out on behalf of a third party or by Coolcart.
21.2. Section 70 of PAIA contains an overriding provision. Disclosure of a record is compulsory if it would reveal (i) a substantial contravention of, or failure to comply with the law; or (ii) there is an imminent and serious public safety or environmental risk; and (iii) the public interest in the disclosure of the record in question clearly outweighs the harm contemplated by its disclosure. The request for access to information affects a third party, then such third party must first be informed within 21 (twenty one) days of receipt of the request. The third party would then have a further
21 (twenty one) days to make representations and/or submissions regarding the granting of access to the record.
22. Remedies available to a requester on refusal of access
22.1.If the Information Officer decides to grant you access to the particular record, such access must be granted within 30 (thirty) days of being informed of the decision.
22.2.Coolcart does not have internal appeal procedures regarding PAIA and POPI Act requests. As such, the decision made by the Information Officer, is final. If a request is denied, the requestor is entitled to apply to a court with appropriate jurisdiction, or the Information Regulator to take it further.
22.3.Where a third party is affected by the request for access and the Information Officer has decided to grant you access to the record, the third party has 30 (thirty) days in
which to appeal the decision in a court of competent jurisdiction. If no appeal has been lodged by the third party within 30 (thirty) days, you must be granted access to the record.
23. Availability of this manual
Copies of this Manual are available for inspection, free of charge, at the offices Coolcart.
ANNEXURE A- 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 Coolcart Information Officer
The request can be made via email or post
Information Officer:Ms. Lilian Muhammed
Postal Address:Unit 10 Block 6, Riversands Outlet Park, Fourways, Johannesburg
Street Address:Unit 10 Block 6, Riversands Outlet Park, Fourways, Johannesburg
Telephone Number: +27105977775
Email: admin@coolcart.co.za
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/email 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: 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:
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
Form in which the record is required
Mark the appropriate box with an X.
NOTES:
(a) Compliance with your request for access 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 to 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 recordinspection 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)
5. 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
G. Note that if the record is not available in the language you prefer, access may be granted in the language in which the record is available.
In which language would you prefer the record?
H. In the event of a disability
If you are prevented by a disability from reading, viewing or listening to the record, state your disability and indicate in the form in which the record is required: Disability Form in which record is required.
Disability Form in which record is required
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:
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.
How would you prefer to be informed of the decision regarding your request for access to the
Signed at this day of 20
SIGNATURE OF REQUESTER /
PERSON ON WHOSE BEHALF REQUEST IS MADE
THE FOLLOWING MUST BE COMPLETED BEFORE SENDING THE APPLICATION
Complete all necessary spaces
Sign the access request form Sign
Sign additional folios completed
THE FOLLOWING MUST BE ACCOMPANIED WITH THE APPLICATION
The request fee
Copy of Identity Document
Any additional folios completed
APPENDIX B:
FEES IN RESPECT OF PRIVATE BODIES
1. The fee for a copy of the manual as contemplated in regulation 9(2)(c) - for every photocopy of an
A4-size page or part thereof :R1,10
2. The fees for reproduction referred to in regulation 11(1) are as follows:
2.1. For every photocopy of an A4-size page or part thereof R1,10
2.2. For every printed copy of an A4-size page or part thereof held on a computer or in electronic or machine readable form R0,75
2.3. For a copy in a computer-readable form on -
2.3.1. stiffy disc R7,50
2.3.2.compact disc R70,00
2.3.3. For a transcription of visual images, for an A4-size page or part thereofR40,00
2.3.4.For a copy of visual images R60,00
2.3.5. For a transcription of an audio record, for an A4-size page or part thereof R20,00
2.3.6.(ii) For a copy of an audio record R30,00
3. The request fee payable by a requester, other than a personal requester, referred to in regulation
11(2) R50,00
4. The access fees payable by a requester referred to in regulation 11(3) are as follows:
4.1. For every photocopy of an A4-size page or part thereof R1,10
4.2. (b) For every printed copy of an A4-size page or part thereof held on a computer or in electronic or machine readable form R 0,75
4.2.1.For a copy in a computer-readable form on –
4.2.2. stiffy disc R7,50
4.2.3.compact disc R70,00
4.2.4. For a transcription of visual images, for an A4-size page or part thereof R40,00
4.2.5.For a copy of visual imagesR60,00
4.2.6.For a transcription of an audio record, for an A4-size page or part thereof R20,00
4.2.7.For a copy of an audio record 30,00
4.2.8.To search for and prepare the record for disclosure, R30,00 for each hour or part of an hour reasonably required for such search and preparation.
5. For purposes of section 54(2) of the Act, the following applies:
5.1. Six hours as the hours to be exceeded before a deposit is payable; and
5.2. one third of the access fee is payable as a deposit by the requester.
6. The actual postage is payable when a copy of a record must be posted to a requester.
APPENDIX C
OBJECTION TO THE PROCESSING OF PERSONAL INFORMATION IN TERMS OF SECTION 11(3) OF THE PROTECTION OF PERSONAL INFORMATION ACT, 2013 (ACT NO. 4 OF 2013) REGULATIONS RELATING TO THE PROTECTION OF PERSONAL INFORMATION, 2018
[Regulation 2]
Note:
1. Affidavits or other documentary evidence as applicable in support of the objection may be attached.
2. If the space provided for in this Form is inadequate, submit information as an Annexure to
this Form and sign each page.
3. Complete as is applicable.
1. DETAILS OF DATA SUBJECT
(a) Name(s) and surname/ registered name of data subject:
(b) Unique Identifier/ Identity Number:
(c) Residential, postal or business address:
CODE:
(d) Contact number(s):
(e) Fax number / E-mail
address:
2. DETAILS OF RESPONSIBLE
a) PARTY Name(s) and surname/ Registered name of responsible party:
b) Residential, postal or business address:
Code
c) Contact
number(s):
d) Fax number/ E-mail address_
3. REASONS FOR OBJECTION IN TERMS OF SECTION 11(1)(d) to (f) (Please provide detailed reasons for the objection)
Signed at this day of 20
Signature of data subject/designated person
APPENDIX D
REQUEST FOR CORRECTION OR DELETION OF PERSONAL INFORMATION OR DESTROYING OR DELETION OF RECORD OF PERSONAL INFORMATION IN TERMS OF SECTION 24(1) OF THE PROTECTION OF PERSONAL INFORMATION ACT, 2013 (ACT NO. 4 OF 2013) REGULATIONS RELATING TO THE PROTECTION OF PERSONAL INFORMATION, 2018
Regulation 3]
Note:
1. Affidavits or other documentary evidence as applicable in support of the request may be attached.
2. If the space provided for in this Form is inadequate, submit information as an Annexure to this Form and sign each page.
3. Complete as is applicable. Mark the appropriate box with an x”.
Request for:
Correction or deletion of the personal information about the data subject which is in possession or under the control of the responsible party.
Destroying or deletion of a record of personal information about the data subject which is in possession or under the control of the responsible party and who is no longer authorised to retain the record of information.
4. DETAILS OF DATA SUBJECT
(a) Name(s) and surname/ registered name of data subject:
(b) Unique Identifier/ Identity
Number:
(c) Residential, postal or business address:
CODE:
(d) Contact number(s):
(e) Fax number / E-mail address:
5. DETAILS OF RESPONSIBLE
(a) PARTY Name(s) and surname/ Registered name of responsible party:
(b) Residential, postal or business address:
_Code
(c) Contact number(s):
(d) Fax number/ E-mail address:
6. INFORMATION TO BE CORRECTED/DELETED/ DESTRUCTED/ DESTROYED
7. REASONS FOR *CORRECTION OR DELETION OF THE PERSONAL INFORMATION ABOUT THE DATA SUBJECT IN TERMS OF SECTION 24(1)(a) WHICH IS IN POSSESSION OR UNDER THE CONTROL OF THE RESPONSIBLE PARTY ; and or REASONS FOR *DESTRUCTION OR DELETION OF A RECORD OF PERSONAL INFORMATION ABOUT THE DATA SUBJECT IN TERMS OF SECTION 24(1)(b) WHICH THE RESPONSIBLE PARTY IS NO LONGER AUTHORISED TO RETAIN. (Please provide detailed reasons for the request)
Signed at this day of 20
Signature of data subject/ designated person
