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PAIA Manual

1. INTRODUCTION

Interexcel World Connection (Pty) Ltd (Registration Number: 2016/145119/07) ("IEWC") is a private company registered in terms of the company laws of the Republic of South Africa and is a comprehensive digital technology and internet service provider. IEWC offers comprehensive internet connectivity, VoIP and Linux server support services for the home, small, medium and large enterprises.

This manual is published in terms of section 51 of the Promotion of Access to Information Act 2 of 2000 (the "PAIA Act") [the "Manual"] and provides an outline of the type of records and personal information which IEWC holds. The Manual also explains how to submit requests for access to these records in terms of the PAIA Act. In addition to explaining how to access, or object to, personal information held by IEWC, or request correction of the personal information, in terms of sections’ 23 and 24 of the Protection of Personal Information Act 4 of 2013 (the "POPI Act"), the Manual also explains how to submit requests for access to these records in terms of the PAIA Act.

The objective of the PAIA Act is to give effect to the constitutional right to access to information, which information is held by a public or private body and which information is required for the exercise or protection of any rights. The PAIA Act recognises the right entrenched in section 32 of the Constitution of the Republic of South Africa, 1996 and aims to foster a culture of transparency and accountability in public and private bodies by giving effect to the right of access to information.

Accordingly, requests for access to information held by IEWC shall be made in accordance with the prescribed procedures and at the rates provided. The prescribed forms and fee tariffs are dealt with in Chapter 1 of Part 3 of the PAIA Act, as well as in section 5 below.

1.1. Availability of this PAIA Manual

This PAIA Manual is published on the IEWC website at https://www.iewc.co.za/policies/paia/ alternatively, a copy can be requested from the Information Officer or Deputy Information Officer (see contact details in paragraph 2 below).

1.2. Availability of guides to the PAIA and POPI Acts

Guides to the PAIA and POPI Acts can be obtained and queries directed to:

PAIA ActPOPI Act
The South African Human Rights Commission:
Physical Address:
Braampark Forum 3
33 Hoofd Street
Braamfontein
Johannesburg
Gauteng

Postal Address:
Private Bag 2700, Houghton, 2041

Tel: +27 11 877 3600
Fax: +27 11 403 0625
Website: www.sahrc.org.za
E-mail: paia@sahrc.org.za
The office of the Information Regulator:
Physical Address:
The Information Regulator (South Africa)
Forum III 3rd Floor Braampark
PO Box 31533
Braamfontein, Johannesburg, 2107
Mr. Marks Thibela
Chief Executive Officer

Tel: +27 010 023 5207
Cell: +27 82 746 4173
E-mail: inforeg@justice.gov.za

2. IEWC'S CONTACT DETAILS

Contact details in terms of section 51 of PAIA:

Interexcel World Connection (Pty) Ltd (Registration Number: 2016/145119/07)

Postal Address:
PO BOX 2665
Faerie Glen
Pretoria
0043

Physical Address:
Unit 201, First Floor, Building 2B
Sunwood Office Park
379 Queen's Crescent
Lynnwood

Website: https://www.iewc.co.za/

Duly authorized persons:

Information Officer:
Name: Jacob Kroon
Tel: +27 12 021 0000
Fax: +27 86 648 8561
Email: jaco@iewc.co.za

Applicable Legislation:

The following legislation, amongst others which may become applicable from time to time, is applicable to and observed by IEWC pursuant to undertaking its day-to-day operations:

Item No Legislative Reference Act
1No. 71 of 2008The Companies Act
2No. 75 of 1997The Basic Conditions of Employment Act
3No. 55 of 1998The Employment Equity Act
4No. 58 of 1962The Income Tax Act
5No. 66 of 1995The Labour Relations Act
6No. 89 of 1991The Value Added Tax Act
7No. 37 of 2002The Financial Advisory and Intermediary Services Act
8No. 25 of 2002The Electronic Communications and Transactions Act
9No. 2 of 2000The Promotion of Access to Information Act
10No. 4 of 2013The Protection of Personal Information Act
11No. 63 of 2001The Unemployment Insurance Act
12No. 13 of 2000Independent Communications Authority of South Africa Act
13No. 68 of 2008Consumer Protection Act 68 of 2008
14No. 34 of 2005National Credit Act
15No 38 of 2001Financial Intelligence Centre Act

3. COMPANY RECORDS

3.1. Availability of IEWC's Records

Departmental Records Subject Clasification No
Secretarial Division CIPC Records1
Securities Register2 / 4
Constitutional Documents1
Records of resolutions and decisions7 / 12
Shareholders Agreements5 / 6 / 7 / 8 / 12
Health and Safety Records (Employees, Contractors)4 / 5 / 8 / 9
Human Resources Division Employee Records4
Employment Contracts4
Personnel Guidelines, Policies and Procedures3 / 12
Employee Medical Records4
Employee Disability Insurance Records4 / 5
Employee Pension and Provident Fund Records4 / 5
Payroll Records4 / 5
Recruitment Records4 / 5 / 8 / 12
Financial Division Audited Financial Statements12
Tax Records (IEWC & Employees)12
Asset Register12
Supplier Records12
Management Accounts12
IEWC Insurance Records12
Legal Services and Corporate Governance Division General Contract Documentation6 / 10 / 12
Company Guidelines, Policies and Procedures3 / 12
Intellectual Property Records3 / 12
Employee, User and Supplier Information2 / 4
Immovable Property Records12
Statutory Records2 / 12
Sales and Marketing Division Product / Service Brochures1 / 3
User Guides1 / 3
Product Sales Records12
Marketing and Future Product / Plan Strategies12 / 13
Customer Information and Database9 / 13
Third Party Agreements and Documents8 / 4
User Agreements and history in relation to use of IEWC products and Services2 / 3 / 4
User Information and history2 / 4
Information Technology Division Processing, Administrative and Development Records12 / 13

3.2. IEWC record classification key

Classification No.AccessClassification [PAIA section]
1May be DisclosedPublic Access Document
2May not be DisclosedRequest after commencement of criminal or civil proceedings [s7]
3May be DisclosedSubject to copyright
4Limited DisclosurePersonal Information of natural persons that belongs to the requester of that information, or personal information of juristic persons represented by the requestor of that information [s61]
5May not be DisclosedUnreasonable disclosure of personal information or of natural person [s63]
6May not be DisclosedLikely to harm the commercial or financial interests of a third party [s64(1)(a) and (b)]
7May not be DisclosedLikely to harm the Company or third party in contract or other negotiations [s64(1)(c)]
8May not be DisclosedWould breach a duty of confidence owed to a third party in terms of an Agreement [s65]
9May not be DisclosedLikely to compromise the safety of individuals or protection of property [s66]
10May not be DisclosedLegally privileged document [s67]
11May not be RefusedEnvironmental testing / investigation which reveals public safety / environmental risks [s64(2); s68(2)]
12May not be DisclosedCommercial information of Private Body [s68]
13May not be DisclosedLikely to prejudice research and development information of the Company or a third party [s69]
14May not be RefusedDisclosure in public interest [s70]

4. PROCESSING OF PERSONAL INFORMATION

Pursuant to promoting responsible information processing practices within its organisation, as well as in its capacity as responsible party contemplated in terms of the provisions of the POPI Act, IEWC takes any activities relating to the protection and processing of personal information (as defined in terms of the provisions of section 1 of the POPI Act) very seriously. To promote the constitutional right to privacy, as well as to play its part in promoting the rights protected in terms of the POPI Act, IEWC undertakes to, in so far as is required of it, observe the requirements and conditions for the lawful processing of personal information.

4.1. The purposes for which IEWC processes personal information

4.2. Categories of data subjects and personal information processed by IEWC

The categories of data subjects and personal information processed by IEWC may include, but is not limited to, the following:

Customer and PotentialCustomer personal information
CustomersCustomer financial information
Suppliers Supplier personal information
Personal information of supplier representatives
Employees Employee personal information
Employee special personal information

4.3. Recipients or categories of recipients with whom personal information is shared

Subject to any relevant terms and conditions of use which may be applicable when a data subject engages with IEWC, we may share the personal information of any data subject we process for any of the purposes outlined in section 4.1 above, with the following third parties, whether such third parties qualify as "responsible parties" in terms of section 1 of the POPI Act or not:

IEWC processes personal information in order to facilitate and enhance the delivery of products and services to its customers, foster a legally compliant workplace environment, as well as safeguard the personal information relating to any data subjects which it in facts holds. We undertake to process any personal information in a manner which promotes the constitutional right to privacy, retains accountability and data subject participation.

4.4. Information security measures to protect personal information

We have, and continue to, implement reasonable, technical and organisational measures for the protection of personal information processed by IEWC. We at all times take reasonable and appropriate security measures to secure the integrity and confidentiality of personal information in our possession in order to guard against:

We will take steps to ensure that any third-party process operators (as defined in terms of section 1 of the POPI Act) who process personal information on behalf of IEWC apply adequate safeguards as outlined above.

4.5. Trans-border flows of personal information

IEWC will only transfer personal information across South African borders if the relevant business transactions or situation requires trans-border processing, and will do so only in accordance with South African legislative requirements or if the relevant data subject consents to the transfer of their personal information to third parties in any foreign jurisdictions.

We will take reasonable steps to ensure that any third-party process operators are bound by laws, binding corporate rules or binding agreements that provide an adequate level of protection and uphold the principles for reasonable and lawful processing of personal information as contemplated in terms of the POPI Act.

4.6. Personal information received from third parties

When IEWC receives personal information from any third party on behalf of a data subject, we require confirmation that such a third party has written consent from the data subject, that they are aware of the contents of this PAIA Manual and the IEWC Privacy Policy, and do not have any objection to our processing their personal information accordingly.

5. PRESCRIBED REQUEST FORMS AND FEES

5.1. How to gain access to records not automatically disclosed

Information which is automatically available, without having to complete the prescribed Form A and paying the requester’s fee, will be made available at the offices of IEWC (the particulars of which appear in section 2 above) or in the manner requested, should this be reasonable and possible. The manner of access will include:

To facilitate the processing of any request by a requester, kindly follow the procedure set forth herein below:

  1. Use the prescribed Form A attached hereto as Annexure A, alternatively found on IEWC's website https://www.iewc.co.za/policies/paya/;
  2. Address your request to The Information Officer;
  3. Provide sufficient detail to enable IEWC or any authorised person dealing with a request to identify:
    1. The record(s) requested;
    2. The requestor (and, if an agent is lodging the request or behalf of someone, proof of capacity and authorisation);
    3. The South African postal address, email address or fax number of the requestor;
    4. The form of access required;
    5. If the requester wishes to be informed of the decision in any manner (in addition to being informed in writing) the manner and particulars thereof; and
    6. The right which the requestor is seeking to exercise or protect with an explanation of the reason the record is required in order to exercise or protect the right.

5.2. Prescribed fees

The following applies to requests (other than personal requests):

  1. A requestor is required to pay the prescribed fees (R50.00) before a request will be processed.
  2. If the preparation of the record requested requires more than the prescribed hours, a deposit shall be paid (of not more than one third of the access fee which would be payable if the request were granted).
  3. A requestor may lodge an application with a court against the tender/payment of the request fee and/or deposit.
  4. Records may be withheld until the fees have been paid.

The detailed Fee Structure as prescribed in terms of section 54 of the PAIA Act is attached hereto as Annexure B and is also available on IEWC’s website https://www.iewc.co.za/policies/paya/.

6. REMEDIES

IEWC does not have an internal appeal procedure regarding the PAIA and POPI Act requests for access to information. As such, the decision made by the duly authorised persons whose particulars appear in section 2, is final.

If a request is denied, the requestor is entitled to apply to a court with appropriate jurisdiction, or the Information Regulator (once established), for relief.

ANNEXURE A

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]

  1. Particulars of private body

    IEWC Property Group (Pty) Ltd (Reg. No: 2016/145119/07)

    Postal Address:
    PO BOX 2665
    Faerie Glen
    Pretoria
    0043

    Physical Address:
    Unit 201
    First Floor, Building 2B
    Sunwood Park
    379 Queen's Cres, Lynnwood

    Website: https://www.iewc.co.za/.

  2. Particulars of person requesting access to the record

    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:

  3. Particulars of person on whose behalf request is made

    This section must only be completed if a request for information is being made on behalf of another person.

    Full names and surname:
    Identity number:

  4. Particulars of record

    The requestor must provide full particulars of the record to which access is requested, including any reference number if that is known to the requestor, to enable the record to be located. You are welcome to attach an annexure (which must be signed) to this request form should the space provided herein be insufficient.

    Description of record or relevant part of the record:
    Reference number, if available:
    Any further particulars of record:

  5. Fees

    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. IEWC will, upon receipt of your request, notify you of the amount required to be paid as the request fee. 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. If you qualify for exemption of the payment of any fee, please state the reason for exemption.

  6. 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:
    1. Compliance with your request in the specified form may depend on the form in which the record is available.
    2. 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.
    3. 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 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* (flash drive 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? YES/NO Postage is payable.
  7. Particulars of right to be exercised or protected

    You are welcome to attach an annexure (which must be signed) to this request form should the space provided herein be insufficient.

    Indicate which right is to be exercised or protected:
    Explain why the record requested is required for the exercise or protection of the aforementioned right:

  8. 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 record?

    Signed at                   this     day of               20   .


SIGNATURE OF REQUESTER / PERSON ON WHOSE BEHALF REQUEST IS MADE

ANNEXURE B

PRESCRIBED FEE TARIFF

GENERAL

The following applies to requests (other than personal requests):

  1. A requester is required to pay the prescribed fees (R50.00) before a request will be processed;
  2. If the preparation of the record requested requires more than the prescribed hours determined by IEWC’s Information Officer, a deposit shall be paid (of not more than one third of the access fee which would be payable if the request were granted);
  3. A requester may lodge an application with a court against the tender/payment of the request fee and/or deposit;
  4. Records may be withheld until the fees have been paid. Payments should be made to the business account of IEWC, the particulars of which account details will be made available to a requestor upon lodging a request for access to information.

FEES IN RESPECT OF PRIVATE BODIES SUCH AS IEWC

  1. The fee for a copy of the Manual as contemplated in regulation 9(2)(c) is R1,10 for every photocopy of an A4-size page or part thereof.
  2. The fees for reproduction referred to in regulation 11(1) are as follows:

    For every photocopy of an A4-size page or part thereofR 1.10
    For every printed copy of an A4-size page or part thereof held on a computer or in electronic or machine-readable formR 0.75
    For a copy in a computer-readable form on -
    1. Flash drive - R 50.00
    2. Compact disc - R 70.00
    For a transcription of visual images, for an A4-size page or part thereofR 40.00
    For a copy of visual imagesR 60.00
    For a transcription of an audio record, for an A4-size page or part thereofR 20.00
    For a copy of an audio recordR 30.00
  3. The request fee payable by a requester, other than a personal requester, referred to in regulation 11(2) is R 50.00.
  4. The access fees payable by a requester referred to in regulation 11(3) are as follows:

    For every photocopy of an A4-size page or part thereofR 1.10
    For every printed copy of an A4-size page or part thereof held on a computer or in electronic or machine-readable formR 0.75
    For a copy in a computer-readable form on -
    1. Flash drive - R 50.00
    2. Compact disc - R 70.00
    For a transcription of visual images, for an A4-size page or part thereofR 40.00
    For a copy of visual imagesR 60.00
    For a transcription of an audio record, for an A4-size page or part thereofR 20.00
    For a copy of an audio recordR 30.00
  5. 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.
  6. For purposes of section 54(2) of the Act, the following applies:

    • 1 hour as the hours to be exceeded before a deposit is payable; and
    • One third of the access fee is payable as a deposit by the requester.
  7. Postage fees are payable when a copy of a record must be posted to a requester.
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