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1.1.
�Client�
refers to any natural or juristic person that received or receives
services from JumpStart;
1.2.
�
Conditions for Lawful
Processing�
- �the
conditions for the lawful processing of Personal Information as fully set out
in chapter 3 of POPI and in paragraph 11 of this Manual;
1.3.
�Data Subject�
- as
ascribed thereto in section 1 of POPI;
1.4.
�Information Officer
� - the duly authorised Head (as defined in section 1 of PAIA) of
JumpStart, being Jennifer O�Ehley;
1.5.
�JumpStart�
-
Jumpstart
Communications (Proprietary) Limited;
1.6.
�Manual�
- this manual prepared in accordance with section 51 of PAIA and
regulation 4(1) (d) of the POPI Regulations;
1.7.
�PAIA�
- the Promotion of Access to Information Act 2 of 2000;
1.8.
�Personal Information�
- as ascribed thereto in section 1 of POPI;
1.9.
�Personnel�
- any person who works for, or provides services to or on behalf of JumpStart,
and receives or is entitled to receive remuneration and any other person who
assists in carrying out or conducting the business of JumpStart, which
includes, without limitation, directors (executive and non-executive), all
permanent, temporary and part-time staff as well as contract workers;
1.10.
�POPI�
- the Protection of Personal Information Act 4 of 2013;
1.11.
�POPI Regulations�
- the regulations promulgated in terms of section 112(2) of POPI;
1.12.
�Private Body�
- as ascribed thereto in sections 1 of both PAIA and POPI;
1.13.
�Processing�
- as ascribed thereto in section 1 of POPI;
1.14.
�Requestor�
� as ascribed
thereto in section 1 of PAIA;
1.15.
�Request for Access�
- as ascribed thereto in section 1 of PAIA;
1.16.
�SAHRC�
- the South African Human Rights Commission;
1.17.
Any other terms not
described herein will have the meaning as ascribed to it in terms of PAIA or
POPI.
2.1.
For the
purposed of POPI and PAIA, JumpStart is defined as a private body. In
accordance with JumpStart�s obligations in terms of POPI and PAIA, JumpStart
has produced this manual.
2.2.
This
manual sets out all information required by both PAIA and POPI.
2.3.
This
manual also deals with how requests are to be made in terms of PAIA.
2.4.
This
manual also establishes how compliance with POPI is to be achieved.
3.1.
Business Name:
Jumpstart
Communications (Proprietary) Limited
3.2.
Registered Office:
5 Farm Street, Bryanston, 2074,
Johannesburg, South Africa
3.3.
Physical Address:
Building 15 Fancourt
Office Park, Felstead Rd, Northriding, South Africa
3.4.
Postal Address:
PO Box 130364 Bryanston, 2074,
Johannesburg, South Africa
3.5.
Directors:
Jennifer O�Ehley, Lynne Trivella
3.6.
Contact Person:
Jennifer O�Ehley
3.7.
Tel # of Contact Person:
0834693067
3.8.
E-Mail Address of Contact Person:
[email protected]
4.1.
A guide to PAIA has been published
pursuant to section 10 of PAIA.
4.2.
The guide contains information
required by an individual who may wish to exercise their rights in terms of
PAIA.
4.3.
Should you wish to access the guide
you may contact the SAHRC at the following details:
PAIA UNIT
Postal Address: Private Bag 2700, Houghton, 2041.
Telephone: 011 484-8300 Website: http://www.sahrc.org.za Email|: [email protected]
5.1.
At this stage no Notice(s) has /
have been published.
6.1.
JumpStart hold and/or process the
following records for the purposes of PAIA and POPI.
6.2.
Information is available in terms of
the following legislation, if and where applicable):
6.2.1.
Basic Conditions of Employment Act
No. 75 of 1997
6.2.2.Companies Act No. 71 of 2008
6.2.3.
Compensation of Occupational
Injuries and Diseases Act No. 130 of 193
6.2.4.
Electronic Communications and
Transactions Act No. 25 of 2002
6.2.5.Employment Equity Act No. 55 of 1998
6.2.6.Income Tax Act No. 58 of 1962
6.2.7.Insolvency Act No. 24 of 1936
6.2.8.Labour Relations Act No. 66 of 1995
6.2.9.
Occupational Health and Safety Act
No. 85 of 1993
6.2.10.
Promotion of Access to Information
Act No. 2 of 2000
6.2.11.
Protection of Personal Information
Act of 2013
6.2.12.
Skills development Levies Act No. 9
of 1999
6.2.13.
Trademarks Act No. 194.of 1993
6.2.14.
Unemployment Insurance Act No. 30 of
1966
6.2.15.
Value � Added Tax Act No. 89 of 1991
7.1.
An
individual who wishes to place a request must comply with all the procedures
laid down in PAIA. The requester must complete the prescribed form, which is
attached hereto as annexure �A�. The prescribed form must be submitted as well
as payment of a request fee and a deposit, if applicable to the information
officer at the postal or physical address, fax number or electronic mail as is
stated herein.
7.2.
The
prescribed form must be completed with enough particularity to enable the
information officer to determine:
7.2.1.
The record(s) requested;
7.2.2.
The identity of the requestor;
7.2.3.
What form of access is required; and
7.2.4.
The Postal address or fax number of the
requestor.
7.3.
The
requestor must state that the records are required for the requestor to
exercise or protect a right, and clearly state what the nature of the right is
so to be exercised or protected. An explanation of why the records requested is
required to exercise or protect the right.
7.4.
The
request for access will be dealt with within 30 days from date of receipt, unless
the requestor has set out
specialgrounds
that satisfy the information
officer that the request be dealt with sooner.
7.5.
The
period of 30 days may be extended by not more than 30 additional days, if the
request is for a large quantity of information, or the request requires a
search for information held at another office of JumpStart and the information
cannot be reasonably obtained within 30 days. The information officer will
notify the requestor in writing should an extension be necessary.
7.6.
The
requestor will be informed in writing whether access to the records have been
granted or denied. If the requestor requires a reason for the decision the
request must be expressed in the prescribed form, the requestor must be further
state what particulars of the reasoning the requestor requires.
7.7.
If
a requestor has requested the records on another individual�s behalf, the
requestor must submit proof of the capacity the requestor submits the request
in, to the satisfaction of the information officer.
7.8.
If
the requestor is unable to complete the prescribed form due to illiteracy or
disability, the requestor may request it orally from the information officer.
8.1.
The
following are grounds upon which JumpStart may, subject to the exceptions in Chapter
4 of PAIA, refuse a request for access in accordance with Chapter 4 of PAIA:
8.1.1.
Mandatory protection of the
privacy of a third party who is a natural person, including a deceased person,
where such disclosure of Personal Information would be unreasonable
8.1.2.
Mandatory protection of the
commercial information of a third party, if the Records contain:
8.1.2.1.
Trade secrets of that third
party;
8.1.2.2.
Financial, commercial,
scientific or technical information of the third party, the disclosure of which
could likely cause harm to the financial or commercial interests of that third
party; and/or
8.1.2.3.
Information disclosed in
confidence by a third party to JumpStart, the disclosure of which could put
that third party at a disadvantage in contractual or other negotiations or
prejudice the third party in commercial competition;
8.1.3.
Mandatory protection of
confidential information of third parties if it is protected in terms of any
agreement;
8.1.4.
Mandatory protection of the
safety of individuals and the protection of property;
8.1.5.
Mandatory protection of
Records that would be regarded as privileged in legal proceedings;
8.1.6.
Protection of the
commercial information of JumpStart, which may include:
8.1.6.1.
Trade secrets;
8.1.6.2.
Financial/commercial,
scientific or technical information, the disclosure of which could likely cause
harm to the financial or commercial interests of JumpStart;
8.1.6.3.
Information which, if
disclosed, could put JumpStart at a disadvantage in contractual or other
negotiations or prejudice JumpStart in commercial competition; and/or
8.1.6.4.
Computer programs which are
owned by JumpStart, and which are protected by copyright and intellectual
property laws;
8.1.7.
Research information of JumpStart
or a third party, if such disclosure would place the research or the researcher
at a serious disadvantage; and
8.1.8.
Requests for Records that
are clearly frivolous or vexatious, or which involve an unreasonable diversion
of resources.
9.1.
JumpStart does not have an
internal appeal procedure in light of a denial of a request, decisions made by
the information officer is final;
9.2.
The requestor may in
accordance with sections 56(3) (c) and 78 of PAIA, apply to a court for relief
within 180 days of notification of the decision for appropriate relief.
10.1.
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.
10.2.
The
fees for reproduction referred to in regulation 11(1) are as follows:
10.2.1.
For every photocopy of an A4-sized page
or part thereof: R1,10
10.2.2.
For every printed copy of an
A4-sized page or part thereof held on a computer or in electronic or machine-readable
form: R0,75
10.2.3.
For a copy in a computer-readable
form on:
10.2.3.1.
stiffy
disc R7,50
10.2.3.2.
compact
disc R70,00
10.2.3.3.
For
visual images:
10.2.3.3.1.
a
transcription of visual images, for an A4-size page or part
thereof
�40
,00
10.2.3.3.2.
For
a copy of visual images R60,00
10.2.3.4.
For
an audio record:
10.2.3.4.1.
For
a transcription of an audio record, for an A4-size page or part thereof R20,00
10.2.3.4.2.
For
a copy on an audio record R30,00
10.3.
The
request fee payable by a requester, other than a personal requester, referred
to in regulation 11(2) is R50,00.
10.4.
The
access fees payable by a requester referred to in regulation 11(3) are as
follows:
10.4.1.
Fees are:
10.4.1.1.
For
every photocopy of an A4-size page or part thereof R1,10
10.4.1.2.
For
every printed copy of an A4-size page or part thereof held on a computer or in
electronic or machine-readable form R0,75
10.4.1.3.
For
a copy in a computer-readable form on:
10.4.1.3.1.
stiffy
disc R7,50
10.4.1.3.2.
compact
disc R70,00
10.4.1.4.
For
a transcription of visual images:
10.4.1.4.1.
for
an A4-sized page or part thereof R40,00
10.4.1.4.2.
For
a copy of visual images R60,00
10.4.1.5.
For
a transcription of an audio record:
10.4.1.5.1.
For
an A4-size page or part thereof R20,00
10.4.1.5.2.
For
a copy of an audio record R30,00
10.4.1.6.
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.
10.4.2.
For purposes of section 54(2) of the
Act, the following applies:
10.4.2.1.
Six
hours as the hours to be exceeded before a deposit is payable; and
10.4.2.2.
one
third of the access fee is payable as a deposit by the requester.
10.4.3.
The
actual postage is payable when a copy of a record must be posted to a
requester.
11.1.
Conditions
fort lawful processing
11.1.1.
POPI has eight conditions for lawful
processing and include: 11.1.1.1. Accountability 11.1.1.2. Processing limitation 11.1.1.3. Purpose specification 11.1.1.4. Further processing limitation 11.1.1.5. Information quality 11.1.1.6. Openness 11.1.1.7. Security safeguards 11.1.1.8. Data subject participation
11.1.2.
JumpStart is involved in the
following types of processing:
11.1.2.1.
Collection
11.1.2.2.
Recording
11.1.2.3.
Organization
11.1.2.4.
Structuring
11.1.2.5.
Storage
11.1.2.6.
Adaptation or alteration
11.1.2.7.
Retrieval
11.1.2.8.
Consultation
11.1.2.9.
Use
11.1.2.10.
Disclosure by transmission
11.1.2.11.
Dissemination or otherwise making available
11.1.2.12.
Alignment or combination
11.1.2.13.
Restriction
11.1.2.14.
Erasure
11.1.2.15.
Destruction
11.1.3.
JumpStart processes information for the following purposes:
11.1.3.1.
to provide services to its
Clients in accordance with terms agreed to by the Clients;
11.1.3.2.
to undertake activities
related to the provision of services, such as
11.1.3.2.1.
to fulfil domestic legal,
regulatory and compliance requirements
11.1.3.2.2.
to verify the identity of
Customer representatives who contact JumpStart or may be contacted by JumpStart;
11.1.3.2.3.
for risk assessment,
information security management, statistical, trend analysis and planning
purposes;
11.1.3.2.4.
to monitor and electronic
communications with the Client for quality, training, investigation and fraud
prevention purposes;
11.1.3.2.5.
to enforce or defend JumpStart�s
or JumpStart affiliates� rights;
11.1.3.2.6.
to manage JumpStart�s
relationship with its clients, which may include providing information to its
clients and its clients affiliates about JumpStart�s and JumpStart affiliates�
products and services;
11.1.3.3.
the purposes related to any
authorised disclosure made in terms of agreement, law or regulation;
11.1.3.4.
any additional purposes
expressly authorised by JumpStart�s client;
11.1.3.5.
any additional purposes as
may be notified to the Client or Data Subjects in any notice provided by JumpStart
11.2.
JumpStart processes
personal information in the following categories of Data Subjects:
11.2.1.
Juristic persons �
11.2.1.1.
Corporate clients
11.2.2.
Natural persons �
11.2.2.1.
Individuals
11.2.2.2.
Staff
11.3.
JumpStart processes the
following categories of personal information:
11.3.1.
Client profile information;
11.3.2.
Bank account details;
11.3.3.
Payment information;
11.3.4.
Client representatives;
11.3.5.
Names;
11.3.6.
Email Addresses;
11.3.7.
Telephone numbers;
11.3.8.
Physical addresses;
11.3.9.
Tax numbers;
11.3.10.
Identity Numbers;
11.3.11.
Passport Numbers;
11.4.
Recipients
of Personal Information:
11.4.1.
JumpStart,
JumpStart�s affiliates, their respective representatives
11.5.
When
making authorised disclosures or transfers of personal information in terms of
Section 72 of POPI, personal information may be disclosed to recipients in
countries that do not have the same level of protection for personal
information as South Africa does.
11.6.
The
following Security measures are implemented by JumpStart:
11.7.
Objection
to the processing of personal information by a data subject:
11.7.1.
Section 11(3) of POPI and regulation
2 of the POPI regulations provides that a data subject may, at any time object
to the processing of their personal information in the prescribed form attached
to this manual as annexure �B�.
11.8.
Request
for correction or deletion of personal information:
11.8.1.
Section
24 of POPI and regulation 3 of the POPI regulations provides that a data
subject may request for their personal information to be corrected and/or
deleted in the prescribed form attached hereto as annexure �C�. |