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PAIA – POPI ACT

THE PROMOTION OF ACCESS TO INFORMATION ACT (ACT 2 OF 2000)

incorporating additional requirements of

PROTECTION OF PERSONAL INFORMATION IN TERMS OF THE PROTECTION OF PERSONAL INFORMATION ACT 4 OF 2014 PROTECTION OF PERSONAL INFORMATION ACT, 4 OF 2013

DATE OF COMPILATION June 2021
FOR
VTS Connect (PTY) LTD
T/A VTS Communications
(Registration number: 2013/034472/07) (“The Company”)

Company Details

Physical address: 29 Diaz Business Park, 1 Beach Boulevard West, Mossel Bay, 6500
Postal address: P O Box 2820, Mossel Bay, 6500
Telephone: (044) 690-0873
E-mail: accounts@vtsconnect.net
Website: www.vtsconnect.net

DESCRIPTION OF GUIDE REFERRED TO IN SECTION 10: SECTION 51 (1)(b)

A guide has been compiled in terms of Section 10 of PAIA by the Company. It contains information required by a person wishing to exercise any right, contemplated by PAIA.
This Guide is available for inspection, inter alia, at the office of the Company at the physical address above and at the SAHRC.

INDEX

  1. INTRODUCTION
  2. INTRODUCTION TO POPI
  3. THE ACT
  4. AMENDMENTS TO THIS POLICY
  5. AVAILABILITY OF THE MANUAL
  6. INFORMATION AS MAY BE PRESCRIBED UNDER SECTION 51(1)(F)
  7. INFORMATION REQUIRED IN TERMS OF SECTION 52 (2)
  8. RECORDS THAT CANNOT BE FOUND
  9. THE PRESCRIBED FORMS AND FEES
  10. PRESCRIBED FEES (Section 51 (1)
  11. APPLICABLE LEGISLATION

1. INTRODUCTION

The provision and installation of Internet and Other Communication services

2. INTRODUCTION TO POPI

POPI requires the company to inform their clients as to the manner in which their personal information is used, disclosed, and destroyed.
The company guarantees its commitment to protecting its client’s privacy and ensuring that their personal information is used appropriately, transparently, securely and in accordance with applicable laws.
The Policy sets out the manner in which the company deals with their client’s personal information as well as and stipulates the purpose for which said information is used.

2.2 PERSONAL INFORMATION COLLECTED
Section 9 of POPI states that “Personal Information may only be processed if, given the purpose for which it is processed, it is adequate, relevant, and not excessive.”
The company collects and processes client’s personal information pertaining to the client’s needs. The type of information will depend on the need for which it is collected and will be processed for that purpose only. Whenever possible, the company will inform the client as to the information required and the information deemed optional. Examples of personal information we collect include, but is not limited to:
– The Client’s Identity number, name, surname, address, postal code, marital status, and number of dependants.
– Description of the client’s residence, business, assets; financial information, banking details, etc-.

The company also collects and processes the client’s personal information for marketing purposes in order to ensure that our products and services remain relevant to our clients and potential clients.
The company aims to have agreements in place with all product suppliers, insurers and third party service providers to ensure a mutual understanding with regard to the protection of the client’s personal information. The company’s suppliers will be subject to the same regulations as applicable to the company.
With the client’s consent, the company may also supplement the information provided with information the company receives from other providers in order to offer a more consistent and personalised experience in the client’s interaction with the company. For purposes of this Policy, clients include potential and existing clients.

2.3 THE USAGE OF PERSONAL INFORMATION
The Client’s Personal Information will only be used for the purpose for which it was collected and as agreed.
According to section 10 of POPI, personal information may only be processed if certain conditions, listed below, are met along with supporting information for the companies processing of Personal Information:
a) The client’s consents to the processing: – consent is obtained from clients during the introductory, appointment and needs analysis stage of the relationship;
b) Processing complies with an obligation imposed by law on the company;

2.4 DISCLOSURE OF PERSONAL INFORMATION
The company may disclose a client’s personal information to any of the subsidiaries, joint venture companies and or approved product- or third party service providers whose services or products clients elect to use. The company has agreements in place to ensure that compliance with confidentiality and privacy conditions.
The company may also disclose a client’s information where it has a duty or a right to disclose in terms of applicable legislation, the law, or where it may be deemed necessary in order to protect the company’s rights.

2.5 SAFEGUARDING CLIENT INFORMATION
It is a requirement of POPI to adequately protect personal information. The will continuously review its security controls and processes to ensure that personal information is secure.
The following procedures are in place in order to protect personal information:
2.5.1 THE COMPANY’S INFORMATION OFFICER is Antoinette Posthumus whose details are available below and who is responsible for the compliance with the conditions of the lawful processing of personal information and other provisions of POPI. He/ She is assisted by Riaan Lamprecht who will function as the Group’s Deputy Information Officer.
2.5.2 THIS POLICY has been put in place and training on this policy and the POPI Act has already taken place.
2.5.3 Each new employee will be required to sign an EMPLOYMENT CONTRACT containing relevant consent clauses for the use and storage of employee information, or any other action so required, in terms of POPI;
2.5.4 Every employee currently employed within the company will be required to sign an addendum to their EMPLOYMENT CONTRACTS containing relevant consent clauses for the use and storage of employee information, or any other action so required, in terms of POPI;
2.5.5 The company’s archived client information is stored on site which is also governed by POPI, access is limited to these areas to authorized personal.

CONSENT to process client information is obtained from clients (or a person who has been given authorisation from the client to provide the client’s personal information) during the introductory, appointment and needs analysis stage of the relationship.

2.6 ACCESS AND CORRECTION OF PERSONAL INFORMATION
Clients have the right to access the personal information the company holds about them.
Clients also have the right to ask the company to update, correct or delete their personal information on reasonable grounds. Once a client objects to the processing of their personal information, the company may no longer process said personal information. The company will take all reasonable steps to confirm its clients’ identity before providing details of their personal information or making changes to their personal information.

Information Officer Details
Name: Antoinette Posthumus
Telephone Number: 044 690 3733
Email: antoinette@vtsconnect.net

Deputy Information Officer Details
Name: Riaan Lamprecht
Telephone Number: 044 690 3733
Email: riaan@vtsconnect.net

3. THE ACT (Section 51(1) (b))

3.1 The ACT grants a requester access to records of a private body, if the record is required for the exercise or protection of any rights. If a public body lodges a request, the public body must be acting in the public interest.
3.2 Requests in terms of the ACT shall be made in accordance with the prescribed procedures, at the rates provided. The forms and tariff are dealt with in paragraphs 6 and 7 of the Act.
3.3 Requesters are referred to the Guide in terms of Section 10 which has been compiled by the South African Human Rights Commission, which will contain information for the purposes of exercising Constitutional Rights. The Guide is available from the SAHRC.

The contact details of the Commission are:
Postal Address: Private Bag 2700, Houghton, 2041
Telephone Number: +27-11-877 3600
Fax Number: +27-11-403 0625
Website: www.sahrc.org.za

4. AMENDMENTS TO THIS POLICY

Amendments to, or a review of this Policy, will take place on an ad hoc basis or at least once a year.

5. AVAILABILITY OF THE MANUAL

This manual is made available in terms of Regulation Number R. 187 of 15 February 2002.

6. INFORMATION AS MAY BE PRESCRIBED UNDER SECTION 51(1)(F)

The Minister of Justice and Constitutional Development of the Republic of South Africa has not made any regulations in this regard.

7. INFORMATION REQUIRED IN TERMS OF SECTION 52 (2)

The Minister of Justice and Constitutional Development of the Republic of South Africa has not made any regulations in this regard.

8. RECORDS THAT CANNOT BE FOUND

If the company searches for a record and it is believed that the record either does not exist or cannot be found, the requester will be notified by way of an affidavit or affirmation. This will include the steps that were taken the attempt to locate the record.

9. THE PRESCRIBED FORMS AND FEES

The prescribed forms and fees are available on the website of the Department of Justice and Constitutional Development at www.doj.gov.za under the regulations section.

9.1. FORM OF REQUEST (Section 51 (1) (e))
To facilitate the processing of your request, kindly:

9.1.1 Use the prescribed form, available on the website of the SOUTH AFRICAN HUMAN RIGHTS COMMISSION at www.sahrc.org.za.

9.1.2 Address your request to the Head of the Company (CEO).

9.1.3 Provide sufficient details to enable the COMPANY to identify:

(a) The record(s) requested;
(b) The requester (and if an agent is lodging the request, proof of capacity);
(c) The form of access required;
(d) (i) The postal address or fax number of the requester in the Republic;
(ii) If the requester wishes to be informed of the decision in any manner (in addition to written) the manner and particulars thereof;(e) The right which the requester is seeking to exercise or protect with an explanation of the reason the record is required to exercise or protect the right.

10. PRESCRIBED FEES (Section 51 (1)

The following applies to requests (other than personal requests):
10.1 A requestor is required to pay the prescribed fees (R50.00) before a request will be processed;
10.2 If the preparation of the record requested requires more than the prescribed hours (six), a deposit shall be paid (of not more than one third of the access fee which would be payable if the request were granted);
10.3 A requestor may lodge an application with a court against the tender/payment of the request fee and/or deposit;
10.4 Records may be withheld until the fees have been paid.
10.5 The fee structure is available on the website of the SOUTH AFRICAN HUMAN RIGHTS COMMISSION at www.sahrc.org.za.

11. APPLICABLE LEGISLATION

  1. Act 61 of 1973 Companies Act
  2. Act 98 of 1978 Copyright Act
  3. Act 55 of 1998 Employment Equity Act
  4. Act 95 of 1967 Income Tax Act
  5. Act 66 of 1995 Labour Relations Act
  6. Act 89 of 1991 Value Added Tax Act
  7. Act 89 of 1998 Competition Act
  8. Act 75 of 1997 Basic Conditions of Employment Act
  9. Act 69 of 1984 Close Corporations Act
  10. Act 25 of 2002 Electronic Communications and Transactions Act
  11. Act 2 of 2000 Promotion of Access of Information Act
  12. Act 30 of 1996 Unemployment Insurance Act
  13. Act 53 of 2003 Broad-Based Black Economic Empowerment Act
  14. Act 4 of 1999 Broadcasting Act
  15. Act 130 of 1993 Compensation for Occupational Injuries and Diseases Act
  16. Act 108 of 1996 Constitution of South Africa Act
  17. Act 68 of 2009 Consumer Protection Act
  18. Act 91 of 1964 Customs and Excise Act
  19. Act 73 of 1989 Environment Conservation Act
  20. Act 38 of 2001 Financial Intelligence Centre Act
  21. Act 63 of 1977 Health Act
  22. Act 107 of 1998 National Environmental Management Act
  23. Act 59 of 2008 National Environmental Management: Waste act
  24. Act 36 of 1998 National Water Act
  25. Act 93 of 1996 National Road Traffic Act
  26. Act 85 of 1993 Occupational Health and Safety Act
  27. Act 12 of 2004 Prevention & Combating of Corrupt Activities Act
  28. Act 4 of 2000 Promotion of Equality and Prevention of Unfair Discrimination Act
  29. Act 26 of 2000 Protected Disclosures Act
  30. Act 25 of 1964 Sales and Service Matters Act
  31. Act 94 of 1997 Skills Development Act
  32. Act 9 of 1999 Skills Development Levies Act
  33. Act 90 of 1989 South African Reserve Bank Act
  34. Act 63 of 2001 Unemployment Insurance Act
  35. Act 4 of 2002 Unemployment Insurance Fund Contributions Act

SUBJECTS AND CATEGORIES OF RECORDS HELD AT PHYSICAL ADDRESS

  • Attendance registers: Bio Metrix
  • Correspondence
  • Licences
  • Employee Records
  • Employee Contracts
  • Employment Equity Records
  • General Correspondence
  • Industrial and Labour Relation records
  • Information relating to Health And Safety Regulations
  • Performance Appraisals
  • Personnel Guidelines, Policies and Procedures
  • Remuneration Records
  • Skills requirements
  • Statutory Records
  • Training Records
  • Contracts
  • Annual Financial Statements
  • Asset Register
  • Budgets
  • Financial Transactions
  • Insurance Information
  • Purchase and Order Information
  • Stock Records
  • Tax Records
  • IT Policies and Procedures

SUBJECTS AND CATEGORIES OF PERSONAL RECORDS HELD AT PHYSICAL ADDRESS

  • Identity Numbers
  • Dates of birth
  • Telephone numbers
  • Emails
  • Addresses
  • Banking details
  • Bank account numbers
  • Invoices
  • BEE Certificates
  • Licence numbers

CUSTOMER PERSONNEL INFORMATION SHARED BY COMPANY
None

EMPLOYEE INFORMATION RECEIVED BY COMPANY

  • Identity numbers
  • Dates of birth
  • Telephone numbers
  • Emails
  • Addresses
  • Banking details
  • Bank Account numbers

IT PRACTISES BY COMPANY

  • Physical security, (PC’s locked to fixture/ locked in room)
  • Network security control
  • Password controls
  • Virus & Malware protection
  • Software updates
  • Disaster recovery & back-up policy

COUNTRIES OF OPERATION

  • South Africa