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PAIA and POPIA Manual

PAIA and POPIA Manual 

This manual was prepared in accordance with section 51 of the Promotion of Access to  Information Act, 2000 and to address requirements of the Protection of Personal  Information Act, 2013. 

This manual applies to  

Idea Hive (Pty) Ltd 

Registration number: 2016/408003/07 

Contents 

  1. Background to the Promotion of Access to Information Act
  2. Idea Hive (Pty) Ltd
  3. Purpose of the PAIA Manual
  4. Contact Details of the Managing Director [Section 51(1)(a)]
  5. The Information Officer [Section 51(1)(b)]
  6. Guide of SA Human Rights Commission (Section 51(1) (b))
  7. The Latest Notice in Terms of Section 52(2) (if any) [Section 51(1)(c)]
  8. Subjects and Categories of Records Available only on Request to Access in Terms of the Act (Section 51(1) (e))
  9. Description of the Records of the Body Which are Available in Accordance with any other Legislation (Section 51(1) (d))
  10. Detail to Facilitate a Request for Access to a Record of Idea Hive (Section 51(1) (e))
  11. Refusal of Access to Records
  12. Remedies Available When Idea Hive Refuses a Request
  13. Access to Records Held by Idea Hive
  14. Prescribed Fees (Section 51 (1) (f))
  15. Reproduction Fee
  16. Decision
  17. Protection of Personal Information that is Processed by Idea Hive
  18. Availability and Updating of the PAIA Manual
  19. Appendix 1: Access Request Form
  20. Appendix 2: Part 1 – Processing of Personal Information in Accordance with POPIA
  21. Appendix 2: Part 2 – Categories of Data Subjects and Categories of Personal Information relating thereto
  22. Appendix 2: Part 3 – Recipients of Personal Information
  23. Appendix 2: Part 4 – Description of information security measures
  24. Appendix 3: Objection to the Processing of Personal Information in terms of Section 11(3) of the Protection of Personal Information Act, 2013
  25. Appendix 4: 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

1. Background to the Promotion of Access to Information Act 

1.1. The Promotion of Access to Information Act, No. 2 of 2000 (the “Act”) was enacted on 3 February  2000, giving effect to the constitutional right in terms of section 32 of the Bill of Rights contained in the  Constitution of the Republic of South Africa 108 of 1996 (the “Constitution”) of access to any  information held by the state and any information that is held by another person and that is required  for the exercise or protection of any rights. 

1.2. In terms of section 51 of the Act, all Private Bodies are required to compile an Information Manual  (“PAIA Manual”). 

1.3. Where a request is made in terms of the Act, the body to whom the request is made is obliged to  release the information, subject to applicable legislative and / or regulatory requirements, except where  the Act expressly provides that the information may be adopted when requesting information from a  public or private body. 

  1. Idea Hive (Pty) Ltd 

2.1. Idea Hive delivers performance marketing solutions with a focus on data insights, technology and  content creation and management. Idea Hive has built a reputation for providing the South African  market with specialised expertise, tailored to provide its clients with sustainable value and an ongoing  competitive advantage.  

2.2. This PAIA Manual of Idea Hive is available at its premises: Albury Office Park, 1 Magalieszicht  Crescent. Dunkeld West, Randburg, 2196, as well as on its website, https://ideahive.co.za 

  1. Purpose of the PAIA Manual 

3.1. The purpose of PAIA is to promote the right of access to information, to foster a culture of transparency  and accountability within Idea Hive by giving the right to information that is required for the exercise or  protection of any right and to actively promote a society in which the people of South Africa have  effective access to information to enable them to exercise and protect their rights. 

3.2. In order to promote effective governance of private bodies, it is necessary to ensure that everyone is  empowered and educated to understand their rights in relation to public and private bodies. 

3.3. Section 9 of the Act recognises that the right to access information cannot be unlimited and should be  subject to justifiable limitations, including, but not limited to: 

3.3.1. Limitations aimed at the reasonable protection of privacy; 

3.3.2. Commercial confidentiality; and 

3.3.3. Effective, efficient and good governance; 

and in a manner which balances that right with any other rights, including such rights contained in the  Bill of Rights in the Constitution.

3.4. This PAIA Manual complies with the requirements of guide mentioned in section 10 of the Act and  recognises that upon commencement of the Protection of Personal Information Act 4 of 2013, that the  appointed Information Regulator will be responsible to regulate compliance with the Act and its  regulations by private and public bodies. 

  1. Contact Details of the Managing Director [Section 51(1)(a)] 
Managing Director:  Yaw Dwomoh
Registered Address:  Albury Office Park, 1 Magalieszicht Crescent, Dunkeld West, Randburg, 2196 
Postal Address:  As above
Telephone Number:  +27 11 367 0672
Website:  https://ideahive.co.za/contact/

 

  1. The Information Officer [Section 51(1)(b)] 

5.1. The Act prescribes the appointment of an Information Officer for public bodies where such Information  Officer is responsible to, inter alia, assess request for access to information. The head of a private  body fulfils such a function in terms of section 51. Idea Hive has opted to appoint an Information  Officer to assess such a request for access to information as well as to oversee its required functions  in terms of the Act. 

5.2. The Information Officer appointed in terms of the Act also refers to the Information Officer as referred  to in the Protection of Personal Information Act 4 of 2013. The Information Officer oversees the  functions and responsibilities as required for in terms of both this Act as well as the duties and  responsibilities in terms of section 55 of the Protection of Personal Information Act 4 of 2013 after  registering with the Information Regulator. 

5.3. The Information Officer may appoint, where it is deemed necessary, Deputy Information Officers, as  allowed in terms of section 17 of the Act as well as section 56 of the Protection of Personal Information  Act 4 of 2013. This is in order to render Idea Hive as accessible as reasonable possible for requesters  of its records and to ensure fulfilment of its obligations and responsibilities as prescribed in terms of  section 55 of the Protection of Personal Information Act 4 of 2013. All requests for information in terms  of this Act must be addressed to the Information Officer.

Contact Details of the Information Officer 

Information Officer:  Yaw Dwomoh
Physical Address:  Albury Office Park, 1 Magalieszicht Crescent, Dunkeld West, Randburg, 2196 
Telephone Number:  +27 11 367 0672
Email:  Yaw.dwomoh@ideahive.co.za

 

Contact Details of the Deputy Information Officers 

Information Officer:  Sera Pande
Physical Address:  Albury Office Park, 1 Magalieszicht Crescent, Dunkeld West, Randburg, 2196 
Telephone Number:  +27 11 367 0672
Email:  Sera.pande@ideahive.co.za
Information Officer:  Candice Davis
Physical Address:  Albury Office Park, 1 Magalieszicht Crescent, Dunkeld West, Randburg, 2196 
Telephone Number:  +27 11 367 0672
Email:  Candice.davis@ideahive.co.za

 

  1. Guide of SA Human Rights Commission (Section 51(1) (b)) 

6.1. 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. 

6.2. 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. 

6.3. 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.

6.4. The contact details of the Commission are: 

Contact body:  The South African Human Rights Commission
Physical Address:  Braampark Forum 3, 33 Hoofd Street, Braamfontein
Postal Address:  Private Bag 2700, Houghton 2041
Telephone Number:  +27 11 877 3600
E-Mail:  info@sahrc.org.za
Web Site:  www.sahrc.org.za

 

  1. The Latest Notice in Terms of Section 52(2) (if any) [Section 51(1)(c)] 

No notice has been published on the categories of records that are automatically available without a  person having to request access in terms of Section 52(2) of PAIA. 

  1. Subjects and Categories of Records Available only on Request to Access in Terms of the Act  (Section 51(1) (e)) 

8.1. Records held by Idea Hive 

For the purposes of this clause 8.1, “Personnel” refers to any person who works for, or provides  services to, or on behalf of Idea Hive and receives or is entitled to receive remuneration and any  other person who assists in carrying out or conducting the business of Idea Hive. This includes,  without limitation, directors (executive and non-executive), all permanent, temporary and part-time  staff, as well as contract workers. 

This clause serves as a reference to the categories of information that Idea Hive holds. The  information is classified and grouped according to records relating to the following subjects and  categories:

Subject  Category
Companies Act Records  Documents of Incorporation; 

Index of names of Directors;  

Memorandum of Incorporation; 

Records relating to the appointment of: Auditors; Director

Financial Records  Accounting Records;  

Annual Financial Reports; 

Annual Financial Statements; 

Asset Registers; 

Bank Statements; 

Banking details and bank accounts; 

Banking Records; 

Debtors/Creditors statements and invoices;  

General reconciliation; 

Invoices; 

Rental Agreements; and 

Tax Returns

Income 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: 

VAT 

Regional Services Levies; 

Skills Development Levies; 

UIF; and 

Workmen’s Compensation

 

Personnel documents  and records Disciplinary Code and Records; 

Employment Contracts; 

Grievance Procedures;  

Leave Records; 

Medical Aid Records; 

Payroll reports/ Wage register;  

Pension Fund Records; 

Salary Records; 

Performance appraisals; 

Banking and financial details; and 

Employment history and references

Procurement Department  Standard Terms and Conditions for supply of services;  

Client and supplier agreements; 

Lists of suppliers and services; and 

Policies and Procedures

Marketing Department  Advertising and promotional material
IT Department  Computer / mobile device usage policy documentation;  

Information technology systems and user manuals Information usage policy documentation; 

Software licensing; and 

System documentation and manuals

 

8.2. Note that the accessibility of the records may be subject to the grounds of refusal set out in this PAIA  manual. Amongst other, records deemed confidential on the part of a third party, will necessitate  permission from the third party concerned, in addition to normal requirements, before Idea Hive will  consider access. 

  1. Description of the Records of the Body Which are Available in Accordance with any other  Legislation (Section 51(1) (d))

9.1. Records available in terms of other legislation are as follows. 

  1. Basic Conditions of Employment Act, No 75 of 1997; 
  2. Companies Act, No 71 of 2008; 
  3. Compensation for Occupational Injuries & Diseases Act, 130 of 1993; 
  4. Consumer Protection Act 68 of 2008; 
  5. Employment Equity Act, No 55 of 1998; 
  6. Income Tax Act, No 58 of 1962; 
  7. Labour Relations Act, No 66 of 1995; 
  8. Occupational Health & Safety Act, No 85 of 1993; 
  9. Skills Development Levies Act No. 9 of 1999; 
  10. Unemployment Insurance Act No. 30 of 1966; 
  11. Value Added Tax Act 89 of 1991. 

9.2. It is further recorded that the accessibility of documents and records may be subject to the grounds  of refusal set out in this PAIA Manual. 

  1. Detail to Facilitate a Request for Access to a Record of Idea Hive (Section 51(1) (e)) 

10.1. The requester must comply with all the procedural requirements contained in the Act relating to the  request for access to a record. 

10.2. The requester must complete the prescribed form enclosed herewith and submit same as well as  payment of a request fee and a deposit (if applicable) to the Information Officer or the Deputy  Information Officer at the postal or physical address or electronic mail address as noted in clause 5  above. 

10.3. The prescribed form must be filled in with sufficient information to enable the Information Officer to  identify: 

  1. the record or records requested; and 
  2. the identity of the requester. 

10.4. The requester should indicate which form of access is required and specify a postal address or fax  number of the requester in the Republic. 

10.5. The requester must state that he/she requires the information in order 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  clearly specify why the record is necessary to exercise or protect such a right (section 53(2)(d)). 

10.6. Idea Hive will process the request within 30 (thirty) days, unless the requester has stated special  reasons to the satisfaction of the Information Officer that circumstances dictate that the above time 

periods not be complied with. 

10.7. The requester shall be advised whether access is granted or denied in writing. If, in addition, the  requester requires the reasons for the decision in any other manner, the requester will be obliged to  state which manner and the particulars required. 

10.8. If a request is made on behalf of another person, then the requester must submit proof of the capacity  in which the requester is making the request to the reasonable satisfaction of the Information Officer  (section 53(2)(f)). 

10.9. If an individual is unable to complete the prescribed form because of illiteracy or disability, such a  person may make the request orally. 

10.10. The requester must pay the prescribed fee before any further processing can take place. 

10.11. All information as listed in clause 10 herein should be provided and failing which the process will be  delayed until the required information is provided. The prescribed time periods will not commence  until the requester has furnished all the necessary and required information. The Information Officer  shall sever a record, if possible, and grant only access to that portion requested and which is not  prohibited from being disclosed. 

  1. Refusal of Access to Records 

11.1. Grounds to Refuse Access 

A private body such as Idea Hive is entitled to refuse a request for information. 

11.1.1. The main grounds for Idea Hive to refuse a request for information relates to the: 

  1. mandatory protection of the privacy of a third party who is a natural person or a deceased person  (section 63) or a juristic person, as included in the Protection of Personal Information Act 4 of  2013, which would involve the unreasonable disclosure of personal information of that natural  or juristic person; 
  2. mandatory protection of personal information and for disclosure of any personal information to,  in addition to any other legislative, regulatory or contractual agreements, comply with the  provisions of the Protection of Personal Information Act 4 of 2013; 
  3. mandatory protection of the commercial information of a third party (section 64) if the record  contains: 
  4. trade secrets of the third party; 
  5. financial, commercial, scientific or technical information which disclosure could likely cause  harm to the financial or commercial interests of that third party; 

iii. information disclosed in confidence by a third party to Idea Hive, if the disclosure could put  that third party at a disadvantage in negotiations or commercial competition;

  1. mandatory protection of confidential information of third parties (section 65) if it is protected in  terms of any agreement; 
  2. mandatory protection of the safety of individuals and the protection of property (section 66); 
  3. mandatory protection of records which would be regarded as privileged in legal proceedings  (section 67). 

11.1.2. The commercial activities (section 68) of a private body, such as Idea Hive, which may include: a. trade secrets of Idea Hive; 

  1. financial, commercial, scientific or technical information which disclosure could likely cause  harm to the financial or commercial interests of Idea Hive; 
  2. information which, if disclosed could put Idea Hive at a disadvantage in negotiations or  commercial competition; 
  3. a computer program which is owned by Idea Hive, and which is protected by copyright; 
  4. the research information (section 69) of Idea Hive or a third party, if its disclosure would  disclose the identity of Idea Hive, the researcher or the subject matter of the research and  would place the research at a serious disadvantage. 

11.1.3. Requests for information that are clearly frivolous or vexatious, or which involve an unreasonable  diversion of resources shall be refused. 

11.1.4. All requests for information will be assessed on their own merits and in accordance with the  applicable legal principles and legislation. 

11.1.5. If a requested record cannot be found or if the record does not exist, the Information Officer shall,  by way of an affidavit or affirmation, notify the requester that it is not possible to give access to the  requested record. Such a notice will be regarded as a decision to refuse a request for access to  the record concerned for the purpose of the Act. If the record should later be found, the requester  shall be given access to the record in the manner stipulated by the requester in the prescribed form,  unless the Information Officer refuses access to such record. 

  1. Remedies available when Idea Hive refuses a request 

12.1. Internal Remedies 

Idea Hive does not have internal appeal procedures. The decision made by the Information Officer  is final. Requesters will have to exercise such external remedies at their disposal if the request for  information is refused, and the requestor is not satisfied with the answer supplied by the Information  Officer. 

12.2. External Remedies 

12.2.1. A requestor that is dissatisfied with the Information Officer’s refusal to disclose information, may 

within 30 (thirty) days of notification of the decision, apply to a Court for relief. 

12.2.2. A third party dissatisfied with the Information Officer’s decision to grant a request for information,  may within 30 (thirty) days of notification of the decision, apply to a Court for relief. 

For purposes of the Act, the Courts that have jurisdiction over these applications are the  Constitutional Court, the High Court or another court of similar status and a Magistrate’s Court  designated by the Minister of Justice and Constitutional Development and which is presided over  by a designated Magistrate. 

  1. Access to Records Held by Idea Hive 

13.1. Prerequisites for Access by Personal/Other Requester 

13.1.1. Records held by Idea Hive may be accessed by requests only once the prerequisite requirements  for access have been met. 

13.1.2. A requester is any person making a request for access to a record of Idea Hive. There are two  types of requesters: 

  1. Personal Requester 
  2. A personal requester is a requester who is seeking access to a record containing personal  information about the requester. 
  3. Idea Hive will voluntarily provide the requested information or give access to any record  with regard to the requester’s personal information. The prescribed fee for reproduction  of the information requested will be charged. 
  4. Other Requester 
  5. This requester (other than a personal requester) is entitled to request access to  information of third parties. 
  6. In considering such a request, Idea Hive will adhere to the provisions of the Act. Section  71 requires that the Information Officer take all reasonable steps to inform a third party to  whom the requested record relates of the request, informing him/her that he/she may  make a written or oral representation to the Information Officer why the request should  be refused or, where required, give written consent for the disclosure of the Information. 

Idea Hive is not obliged to voluntarily grant access to such records. The requester must fulfil  the prerequisite requirements, in accordance with the requirements of the Act and as stipulated  in Chapter 5; Part 3, including the payment of a request and access fee. 

  1. Prescribed Fees (Section 51 (1) (f)) 

14.1. Fees Provided by the Act

14.1.1. The Act provides for two types of fees, namely: 

  1. A request fee, which is a form of administration fee to be paid by all requesters except personal  requesters, before the request is considered and is not refundable; and 
  2. An access fee, which is paid by all requesters in the event that a request for access is granted.  This fee is inclusive of costs involved by the private body in obtaining and preparing a record  for delivery to the requester. 

14.1.2. When the request is received by the Information Officer, such officer shall by notice require the  requester, other than a personal requester, to pay the prescribed request fee, before further  processing of the request (section 54(1)). 

14.1.3. If the search for the record has been made and the preparation of the record for disclosure,  including arrangement to make it available in the requested form, requires more than the hours  prescribed in the regulations for this purpose, the Information Officer shall notify the requester to  pay as a deposit the prescribed portion of the access fee which would be payable if the request is  granted. 

14.1.4. The Information Officer shall withhold a record until the requester has paid the fees as indicated  below. 

14.1.5. A requester whose request for access to a record has been granted, must pay an access fee that  is calculated to include, where applicable, the request fee, the process fee for reproduction and for  search and preparation, and for any time reasonably required in excess of the prescribed hours to  search for and prepare the record for disclosure including making arrangements to make it available  in the request form. 

14.1.6. If a deposit has been paid in respect of a request for access, which is refused, then the Information  Officer concerned must repay the deposit to the requester. 

  1. Reproduction Fee 

15.1. Where Idea Hive has voluntarily provided the Minister with a list of categories of records that will  automatically be made available to any person requesting access thereto, the only charge that may  be levied for obtaining such records, will be a fee for reproduction of the record in question.

Reproduction of Information Fees  Fees to be Charged
Information in an A-4 size page photocopy or part thereof  R 1,10
A printed copy of an A4-size page or part thereof  R 0,75
A copy in computer-readable format, for example: Compact disc

 

R 70,00
A transcription of visual images, in an A4-size page or part thereof  R 40,00
A copy of visual images  R 60,00
A transcription of an audio record for an A4-size page or part thereof  R 20,00
A copy of an audio record  R 30,00

 

15.2. Request Fees 

Where a requester submits a request for access to information held by an institution on a person  other than the requester himself/herself, a request fee in the amount of R50,00 is payable up-front  before the institution will further process the request received. 

15.3. Access Fees 

15.3.1. An access fee is payable in all instances where a request for access to information is granted,  except in those instances where payment of an access fee is specially excluded in terms of the Act,  or an exclusion is determined by the Minister in terms of section 54(8). 

The applicable access fees which will be payable are: 

Access of Information Fees  Fees to be Charged
Information in an A-4 size page photocopy or part thereof  R 1,10
A printed copy of an A4-size page or part thereof  R 0,75
A copy in computer-readable format, for example: Stiffy disc Compact disc R 7,50 

R 70,00

A transcription of visual images, in an A4-size page or part thereof  R 40,00
A copy of visual images  R 60,00
A transcription of an audio record for an A4-size page or part thereof  R 20,00
A copy of an audio record 

*Per hour or part of an hour reasonably required for such search.

R 30,00*

 

Where a copy of a record needs to be posted the actual postal fee is payable.

15.4. Deposits 

15.4.1. Where the institution receives a request for access to information held on a person other than the  requester himself/herself and the Information Officer upon receipt of the request is of the opinion  that the preparation of the required record of disclosure will take more than 6 (six) hours, a deposit  is payable by the requester. 

15.4.2. The amount of the deposit is equal to 1/3 (one third) of the amount of the applicable access fee. 15.5. Collection Fees 

15.5.1. The initial “request fee” of R50,00 should be deposited into the bank account below and a copy of  the deposit slip, application form and other correspondence/documents, forwarded to the  Information Officer via email.  

15.5.2. The officer will collect the initial “request fee” of applications received directly by the Information  Officer via email. 

15.5.3. All fees are subject to change as allowed for in the Act and as a consequence such escalations  may not always be immediately available at the time of the request being made. Requesters shall  be informed of any changes in the fees prior to making a payment. 

  1. Decision 

16.1. Time Allowed to Institution 

16.1.1. Idea Hive will, within 30 (thirty) days of receipt of the request, decide whether to grant or decline  the request and give notice with reasons (if required) to that effect. 

16.1.2. The 30 (thirty) day period within which Idea Hive has to decide whether to grant or refuse the  request, may be extended for a further period of not more than (30) thirty days if the request is for  a large number of information, or the request requires a search for information held at another office  of Idea Hive and the information cannot reasonably be obtained within the original 30 (thirty) day  period. 

16.1.3. Idea Hive will notify the requester in writing should an extension be sought. 17. Protection of Personal Information that is Processed by Idea Hive 

17.1. Chapter 3 of POPIA provides for the minimum Conditions for Lawful Processing of Personal  Information by a Responsible Party. These conditions may not be derogated from unless specific  exclusions apply as outlined in POPIA. 

17.2. Idea Hive needs Personal Information relating to both individual and juristic persons in order to carry  out its business and organisational functions. The manner in which this information is Processed  and the purpose for which it is Processed is determined by Idea Hive. Idea Hive is accordingly a  Responsible Party for the purposes of POPIA and will ensure that the Personal Information of a Data  Subject:

17.2.1. is processed lawfully, fairly and transparently. This includes the provision of appropriate information  to Data Subjects when their data is collected by Idea Hive, in the form of privacy or data collection  notices; 

17.2.2. is processed only for the purposes for which it was collected; 

17.2.3. will not be processed for a secondary purpose unless that processing is compatible with the original  purpose. 

17.2.4. is adequate, relevant and not excessive for the purposes for which it was collected; 17.2.5. is accurate and kept up to date; 

17.2.6. will not be kept for longer than necessary; 

17.2.7. is processed in accordance with integrity and confidentiality principles; this includes physical and  organisational measures to ensure that Personal Information, in both physical and electronic form,  are subject to an appropriate level of security when stored, used and communicated by Idea Hive,  in order to protect against access and acquisition by unauthorised persons and accidental loss,  destruction or damage; 

17.2.8. is processed in accordance with the rights of Data Subjects, where applicable. Data Subjects have  the right to: 

(a) be notified that their Personal Information is being collected by Idea Hive. The Data Subject  also has the right to be notified in the event of a data breach; 

(b) know whether Idea Hive holds Personal Information about them, and to access that  information. Any request for information must be handled in accordance with the provisions  of this Manual; 

(c) request the correction or deletion of inaccurate, irrelevant, excessive, out of date, incomplete,  misleading or unlawfully obtained personal information; 

(d) object to Idea Hive’s use of their Personal Information and request the deletion of such  Personal Information (deletion would be subject to Idea Hive’s record keeping requirements); 

(e) object to the processing of Personal Information for purposes of direct marketing by means of  unsolicited electronic communications; and 

(f) complain to the Information Regulator regarding an alleged infringement of any of the rights  protected under POPIA and to institute civil proceedings regarding the alleged non compliance with the protection of his, her or its personal information. 

17.3. Purpose of the Processing of Personal Information by the Company 

As outlined above, Personal Information may only be processed for a specific purpose. The purposes  for which Idea Hive processes or will process Personal Information is set out in Part 1 of Appendix  2.

17.4. Categories of Data Subjects and Personal Information/special Personal Information relating  thereto 

As per section 1 of POPIA, a Data Subject may either be a natural or a juristic person. Part 2 of  Appendix 2 sets out the various categories of Data Subjects that Idea Hive Processes Personal  Information on and the types of Personal Information relating thereto. 

17.5. Recipients of Personal Information 

Part 3 of Appendix 2 outlines the recipients to whom Idea Hive may provide a Data Subject’s  Personal Information to. 

17.6. Description of information security measures to be implemented by Idea Hive 

Part 4 of Appendix 2 sets out the types of security measures to implemented by Idea Hive in order  to ensure that Personal Information is respected and protected. A preliminary assessment of the  suitability of the information security measures implemented or to be implemented by Idea Hive may  be conducted in order to ensure that the Personal Information that is processed by Idea Hive is  safeguarded and Processed in accordance with the Conditions for Lawful Processing. 

17.7. Objection to the Processing of Personal Information by a Data Subject 

Section 11 (3) of POPIA and regulation 2 of the POPIA Regulations provides that a Data Subject  may, at any time object to the Processing of his/her/its Personal Information in the prescribed form  attached to this manual as Appendix 3 subject to exceptions contained in POPIA. 

17.8. Request for correction or deletion of Personal Information 

Section 24 of POPIA and regulation 3 of the POPIA Regulations provides that a Data Subject may  request for their Personal Information to be corrected/deleted in the prescribed form attached as  Appendix 4 to this Manual. 

  1. Availability and Updating of the PAIA Manual 

18.1. Regulation Number R.187 of 15 February 2002 

18.1.1. This PAIA Manual is made available in terms of Regulation Number R.187 of 15 February 2002.  Idea Hive will update this PAIA Manual at such intervals as may be deemed necessary. 

18.1.2. This PAIA Manual of Idea Hive is available to view at its premises and on its website.

Appendix 1: Access Request Form J752 

REPUBLIC OF SOUTH AFRICA  

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] 

  1. Particulars of private  

body The Head: 

  1. Particulars of person requesting access to the record 

The particulars of the person who requests access to the record must be given below. The address and/or fax number in the Republic to which the information is to be sent must be given. 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:  ( )  Fax number:  ( )
E-mail address:

 

Capacity in which request is made, when made on behalf of another person: 

  1. 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:

 

  1. Particulars of record 

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. 

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: 
  4. 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. 

You will be notified 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.Reason for exemption from payment of fees: 

  1. 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 below, state your disability and indicate in which form the record is required.

Disability: 

Mark the appropriate box with an X.

Form in which record is required:
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 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

 

  1. 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: 
  3. 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 ………………… year……………..……… 

………………………………………………………………..  

Signature of Requester / 

Person on Whose Behalf Request is Made 

Appendix 2: Part 1 – Processing of Personal Information in accordance with POPIA For Clients: 

  1. Performing duties in terms of any agreement with the client  
  2. Operate and manage clients’ accounts and manage any application, agreement or correspondence  clients may have with Idea Hive 
  3. Communicating (including direct marketing) with clients by email, SMS, letter, telephone, social media  or in any other way about Idea Hive’s products and services, unless consumers indicate otherwise 
  4. To form a view of clients as individuals and to identify, develop or improve products, that may be of  interest to clients 
  5. Carrying out market research, business and statistical analysis 
  6. Any other reasonably required purpose relating to the Idea Hive business 

For prospective clients: 

  1. Verifying and updating information 
  2. Direct marketing 
  3. Any other reasonably required purpose relating to the processing of a prospect’s personal information  reasonably related to the Idea Hive’s business. 

For employees: 

  1. Verification of applicant employees’ information during recruitment process 
  2. General matters relating to employees: 
  3. Pension 
  4. Medical aid 

iii. Payroll 

  1. Disciplinary action 
  2. Any other reasonably required purpose relating to the employment or possible employment relationship.

For vendors /suppliers /other businesses: 

  1. Verifying information and performing checks; 
  2. Purposes relating to the agreement or business relationship or possible agreement or business  relationships between the parties; 
  3. Payment of invoices; 
  4. Complying with Idea Hive’s regulatory and other obligations; and 
  5. Any other reasonably required purpose relating to the Idea Hive business.

Appendix 2: Part 2 – Categories of Data Subjects and Categories of Personal Information relating  thereto 

Employees 

  1. Name and contact details 
  2. Identity number and identity documents including passports 
  3. Employment history and references 
  4. Banking and financial details 
  5. Employment contracts 
  6. Medical aid records 
  7. Pension Fund records 
  8. Remuneration/salary records 
  9. Performance appraisals 
  10. Disciplinary records 
  11. Leave records 

Client information 

  1. Postal and/or street address 
  2. title and name 
  3. contact numbers and/or e-mail address 
  4. gender 
  5. financial information 
  6. browsing habits and click patterns on Idea Hive websites.

Appendix 2: Part 3 – Recipients of Personal Information 

  1. Any firm, organisation or person that the Idea Hive uses to collect payments and recover debts or to  provide a service on its behalf; 
  2. Any firm, organisation or person that/who provides the Idea Hive with products or services; c. Any payment system the Idea Hive uses; 
  3. Regulatory and governmental authorities or ombudsmen, or other authorities, including tax authorities,  where Idea Hive has a duty to share information; 
  4. Third parties to whom payments are made on behalf of employees; 
  5. Financial institutions from whom payments are received on behalf of data subjects; g. Any other operator not specified; 
  6. Employees, contractors and temporary staff; and 
  7. Agents.

Appendix 2: Part 4 – Description of information security measures 

Idea Hive undertakes to institute and maintain the data protection measures to accomplish the following  objectives outlined below. The details given are to be interpreted as examples of how to achieve an adequate  data protection level for each objective. Idea Hive may use alternative measures and adapt to technological  security development, as needed, provided that the objectives are achieved. 

  1. Access Control of Persons 

Idea Hive shall implement suitable measures in order to prevent unauthorized persons from gaining  access to the data processing equipment where the data are processed. 

  1. Data Media Control 

Idea Hive undertakes to implement suitable measures to prevent the unauthorized manipulation of  media, including reading, copying, alteration or removal of the data media used by Idea Hive and  containing personal data of Customers. 

  1. Data Memory Control 

Idea Hive undertakes to implement suitable measures to prevent unauthorized input into data memory  and the unauthorised reading, alteration or deletion of stored data. 

  1. User Control 

Idea Hive shall implement suitable measures to prevent its data processing systems from being used  by unauthorised persons by means of data transmission equipment. 

  1. Access Control to Data 

Idea Hive represents that the persons entitled to use Idea Hive’s data processing system are only able  to access the data within the scope and to the extent covered by their respective access permissions  (authorisation). 

  1. Organisation Control 

Idea Hive shall maintain its internal organisation in a manner that meets the requirements of this  Manual.

Appendix 3: Objection to the Processing of Personal Information in terms of Section 11(3) of the  Protection of Personal Information Act, 2013 

Regulations Relating to The Protection of  

Note: 

Personal Information, 2018 

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 

DETAILS OF DATA SUBJECT
Name(s) and surname/ registered  name of data subject:
Unique Identifier/ Identity Number
Residential, postal or business address:
Contact number(s):
Fax number / E-mail address:
DETAILS OF RESPONSIBLE PARTY
Name(s) and surname/ registered  name of data subject:
Residential, postal or business address:
Contact number(s):
Fax number / E-mail address:
REASONS FOR OBJECTION IN TERMS OF SECTION 11(1)(d) to (f) (Please provide detailed reasons  for the objection)

 

Appendix 4: 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 

Regulations Relating to the  

Protection of Personal  

Information, 2018 

Note: 

[Regulation 3] 

  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. 
  2. 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
Details of Data Subject
Name(s) and surname/ registered name of data  subject:
Unique Identifier/ Identity Number
Residential, postal or business address:
Contact number(s):
Fax number / E-mail address:
DETAILS OF RESPONSIBLE PARTY
Name(s) and surname/ registered name of data  subject:
Residential, postal or business address:
Contact number(s):

 

Fax number / E-mail address:
Reasons for Objection in Terms of Section  11(1)(D) to (F) (Please Provide Detailed  Reasons for The Objection)
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)