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PAIA MANUAL
TABLE OF CONTENTS
1. INTRODUCTION
2. PURPOSE, SCOPE AND OBJECTIVES
3. DEFINITIONS
4. CONTACT PARTICULARS
5. GUIDE ON HOW TO USE PAIA
6. RIGHT OF ACCESS TO A RECORD
7. VOLUNTARY DISCLOSURE AND INFORMATION AUTOMATICALLY AVAILABLE
8. FACILITATION OF A REQUEST FOR ACCESS TO INFORMATION
9. FEES IN TERMS OF A REQUEST FOR ACCESS TO INFORMATION
10. INFORMATION AVAILABLE IN TERMS OF PAIA
11. INFORMATION AVAILABLE IN TERMS OF OTHER LEGISLATION
12. GROUNDS FOR REFUSAL TO ACCESS TO RECORDS
13. COMPLIANCE WITH THE PROTECTION OF PERSONAL INFORMATION ACT
14. AVAILABILITY OF PAIA MANUAL
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1. INTRODUCTION
WeFuse (Pty) Ltd (hereinafter referred to “WeFuse”) is a service provider within the Advertising Industry, focusing their attention on combining and transforming data, art and technology to create and grow businesses in the ever-expanding digital world.
2. PURPOSE, SCOPE, AND OBJECTIVES
This manual was drafted in accordance with section 51 of the Promotion of Access to Information Act 2 of 2000 (“PAIA”) and is applicable to WeFuse. This manual serves to provide a guideline on which information is available and the manner in which such information may be requested from WeFuse.
3. DEFINITIONS
3.1 “Personal information” means information relating to an identifiable natural person (human being), including, but not limited to -
- - information relating to the race, gender, age, language, and birth of the person.
- - information relating to the education or the medical, financial, criminal or employment history of the person.
- - any identifying number, symbol, email address, physical address, telephone number, location information, online identifier or other particular assigned to the person.
- - the biometric information of the person.
- - correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence; and
- - the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person,
- - but excludes information about an individual who has been dead for more than 20 years.
3.2 “record” of, or in relation to, a public or private body, means any recorded information –
- - regardless of form or medium.
- - in the possession or under the control of that public or private body, as the case may be and
- - whether or not it was created by that public or private body.
4. CONTACT PARTICULARS
Name of business: WeFuse (Pty) Ltd
Registration number: 2009/000785/07
Physical address: 89 Matroosberg Street, 40 Blouberg Estate, Noordheuwel Krugersdorp, Johannesburg, 1739
Postal address: As above
Telephone number: 076 211 5373
Designated persons: Sarah Quadflieg
Email address: business@wefuse.com
Website address: www.wefuse.com
Head of business: Dimitri Quadflieg
5. GUIDE ON HOW TO USE PAIA
A guide on how to use PAIA, as provided for in section 10 of PAIA, is available from the Information Regulator, as well as at the link below:
https://www.justice.gov.za/inforeg/docs/misc/PAIA-Guide-English_20210905.pdf
Information Regulator:
Website: https://www.justice.gov.za/inforeg/
Postal Address: PO Box 31533
Braamfontein Johannesburg 2017
Telephone: 010 023 5200
Email: enquiries@inforegulator.org.za
Should your PAIA request be denied or there is no response for access to records, you may use the following email address to lodge a complaint:
Complaints: PAIAComplaints@inforegulator.org.za
6. RIGHT OF ACCESS TO A RECORD
A requester of information must be given access to any record of a private body if -
- - that record is required for the exercise or protection of any rights of the requester of the information.
- - such requester complies with the procedural requirements of PAIA relating to a request for access to that record; and
- - access to that record is not refused in terms of any permissible ground for refusal, as contained in par 12 of this manual.
7. VOLUNTARY DISCLOSURE AND INFORMATION AUTOMATICALLY AVAILABLE
WeFuse makes certain information available voluntarily, which information is freely accessible via the following means:
- - its website.
- - catalogues.
- - mailers and other marketing and/or promotional material.
8. FACILITATION OF A REQUEST FOR ACCESS TO INFORMATION
8.1 A request for information may include a request for access to a record containing personal information about the requester or the person on whose behalf the request is made.
8.2 Requests made for personal information from WeFuse have to comply with the provisions of the Protection of Personal Information Act, 4 of 2013 (“POPI”) in that WeFuse has to be made aware of the following:
8.2.1 Specifics of the information requested, including the category of information
8.2.2 Name and address of the requester/data subject
8.2.3 The purpose for the collection of the information
8.2.4 Whether the information required is voluntary or mandatory
8.2.5 Whether there are any consequences of failure to provide information to the requester
8.2.6 Stipulate any law authorizing the collection of information
8.2.7 The recipients or categories of recipients of the information
8.2.8 Whether the information will transfer internationally
8.2.9 A general description allowing a preliminary assessment of the suitability of the information security measures to be implemented by the responsible party to ensure the confidentiality, integrity and availability of the information which is to be processed.
8.3 Information that is not readily available to immediately access by a private body, may be requested on the prescribed form (form 2 of Annexure A of the PAIA Regulations), as per PAIA.
8.4 In the case of WeFuse, such request must be addressed to WeFuse, using the contact details provided in this manual.
8.5 The prescribed form 2 of Annexure A of the PAIA Regulations on which the request is made must at least contain the following information:
- - Personal information of the person requester.
- - Type of record requested.
- - Which form of access is required.
- - The manner of access.
- - Particulars of the right to be exercised or protected; and
- - Fees payable.
8.6 Copies of the prescribed form 2 of Annexure A to be completed for submitting a request are available from WeFuse or the Information Regulator.
9. FEES IN TERMS OF A REQUEST FOR ACCESS TO INFORMATION
9.1 The head of WeFuse to whom a request for access to information is made shall require the requester to pay the prescribed request fee (if any) before processing the request.
9.2 If, after a request for a record from WeFuse , the search for such record has been made and the preparation of the record for disclosure would, in the opinion of the head of WeFuse , require more than six hours, the head of WeFuse shall by notice require the requester to pay as a deposit the prescribed portion (being not more than one third) of the prescribed fee which would be payable if the request were to be granted.
9.3 If a deposit has been paid in respect of a request for access which is refused, the head of WeFuse shall repay the deposit to the requester.
9.4 The head of WeFuse may withhold a record until the requester concerned has paid the applicable fees (if any).
10. INFORMATION AVAILABLE IN TERMS OF PAIA
10.1 The requester may apply, on the prescribed form 2 of Annexure A of the PAIA Regulations and in accordance with the procedure set out in this manual, for access to the following categories of information, provided that the request for information of these records is for purposes of a trial, investigation, protection of a right or any other legitimate reason which would not prejudice WeFuse in any way:
- - Customer records, which include contact details, contracts, correspondence and financial records of any tenants or service providers of WeFuse.
- - WeFuse records, which include, inter alia, all business, marketing, financial and/or IT records.
- - Other party records, which include any record which does not belong to WeFuse but is in the WeFuse possession.
10.2 Access to these records may be limited or refused in order to protect any individual’s or company’s right to privacy (if so, required in WeFuse discretion), alternatively, access to these records may be refused subject to the grounds of refusal set out in par 12 of this manual.
11. INFORMATION AVAILABLE IN TERMS OF OTHER LEGISLATION
Certain information or records may be requested from WeFuse and must be made available in terms of laws other than PAIA, such as the following –
- - Basic Conditions of Employment Act 75 of 1997
- - Companies Act 71 of 2008
- - Employment Equity Act 55 of 1998
- - Income Tax Act 58 of 1962
- - Occupational Health and Safety Act 85 of 1993
- - South African Revenue Services Act 34 of 1997
- - Skills Development Levies Act 9 of 1999
- - Unemployment Contributions Act 4 of 2002
- - Value Added Tax Act 89 of 1991
- - Broad-based Black Economic Empowerment Act 53 of 2003
The information or records may include but is not limited to the tax clearance certificate, B-BBEE certificate, privacy policy in terms of POPI, VAT number and employment equity report. In making a decision as to whether or not to grant access to the requested information or records, WeFuse will use its discretion so as to ensure that it protects its right to privacy and does not infringe on any person’s rights by providing access. In other words, access will only be provided in the instance that its right to privacy is not infringed and no one else’s right to privacy is infringed.
12. GROUNDS FOR REFUSAL TO ACCESS TO RECORDS
WeFuse may legitimately, in terms of chapter 4 of PAIA, refuse a request for information on, inter alia, any of the following grounds:
- - Protection of personal information, including the right to privacy of WeFuse, any employee of WeFuse, or any third party, in order to avoid the unreasonable disclosure of personal information concerning that person. WeFuse may use its discretion as to whether a person’s right to privacy might be affected by granting access to such records.
- - Protection of the commercial information of WeFuse or a third party.
- - Protection of confidential information of third parties if disclosure would constitute an action for breach of a duty of confidence owed to that third party in terms of any agreement or legislation.
- - Protection of the safety of individuals or the protection of property.
- - Protection of records which would be privileged from production in legal proceedings.
- - Protection of WeFuse commercial activities including but not limited to records that contain trade secrets, financial, commercial, customer, scientific or technical information, the disclosure of which would be likely to cause harm to WeFuse commercial or financial interests.
- - Protection of research information of WeFuse or a third party, if disclosure would expose the identity of, WeFuse or the third party, the researcher, or the subject matter of the research to serious disadvantage; or
- - Requests for information that are, in WeFuse reasonable opinion, manifestly frivolous or vexatious or which involve an unreasonable diversion of resources.
13. COMPLIANCE WITH THE PROTECTION OF PERSONAL INFORMATION ACT
WeFuse will maintain the documentation of all processing operations under its responsibility, compliant with the Protection of Personal Information Act 4 of 2013.
14. AVAILABILITY OF PAIA MANUAL
Copies of this manual are available for inspection, upon request and free of charge, available for download from WeFuse website.
Information that is not readily available to immediately access by a private body, may be requested on the prescribed form (form 2 of Annexure A of the PAIA Regulations), as per PAIA.Personnel records, which include employment contracts, disciplinary records, and payroll information.