Stock2Shop (Pty) Ltd (Registration number: 2016/307794/07)
Manual in terms of section 51 of the Promotion of Access to Information Act 2 of 2000
Index
- Interpretations
- Preamble
- Introduction of company
- Contact details for access to information of the company
- Guide on how to use paia and how to obtain access to the guide
- Records held by company
- Prosessing of personal information in terms of popia
- Request procedure in terms of popia
- Request procedure in terms of paia
- Prescribed fees
- Grounds for refusal of access to records
- Availability and updating of this manual
- Annexures
1. Interpretations
1.1 Unless otherwise expressly stated, or the context otherwise requires, the words and
expressions listed below shall, when used in this Manual, bear the meanings
ascribed to them:
- 1.1.1 “Company” means Stock2Shop (Pty) Ltd, a private company duly registered and incorporated in accordance with the laws of the Republic of South Africa under registration number 2016/307794/07;
- 1.1.2 “Manual” means this manual together with all of its annexures, as amended from time to time;
- 1.1.3 “PAIA” means the Promotion of Access to Information Act No. 2 of 2000, as amended, including any regulations made thereunder;
- 1.1.4 “Personal Information” means personal information as defined in POPIA; and
- 1.1.5 “POPIA” means the Protection of Personal Information Act 4 of 2013, as amended, including any regulations made thereunder;
- 1.1.6 “Regulator” means the Information Regulator; and
- 1.1.7 “Record” means record as defined in PAIA.
1.2 In this Manual —
- 1.2.1 clause headings and the heading of the Manual are for convenience only and are not to be used in its interpretation;
- 1.2.2 an expression which denotes —
- 1.2.2.1 any gender includes the other genders;
- 1.2.2.2 a natural person includes a juristic person and vice versa;
- 1.2.2.3 the singular includes the plural and vice versa; and
- 1.2.2.4 a reference to a consecutive series of two or more clauses is deemed to be inclusive of both the first and last mentioned clauses.
2. Preamble
2.1 The purpose of this Manual is to:
- 2.1.1 facilitate requests for access to Records maintained by Company as provided for in PAIA;
- 2.1.2 inform data subjects about Company’s processing activities;
- 2.1.3 facilitate the submission of objections to the processing of Personal Information and requests to delete or destroy Personal Information in terms of POPIA.
2.2 PAIA gives effect to the Constitutional right of access to information held by any other person. Requests to access information held by a private body must be made in accordance with this Manual and PAIA.
2.3 POPIA promotes the protection of Personal Information and defines obligatory conditions for the processing of Personal Information.
3. Introduction of company
The Company connects ERP or accounting systems to ecommerce websites, automatically balancing inventory, managing pricing and generating sales documents.
4.1 Information officer
4.2 The company
- Physical Address: Section 79, The Village, Beach Cres, Scott Estate, Cape Town, 7806
- Postal Address: Section 79, The Village, Beach Cres, Scott Estate, Cape Town, 7806
- Telephone number: 021 813 5866
- E-mail address: info@stock2shop.com
- Website: www.stock2shop.com
5. Guide on how to use paia and how to obtain access to the guide
5.1 The Regulator has, in terms of section 10(1) PAIA, as amended, updated and made available the revised Guide on how to use PAIA (“Guide”), in an easily comprehensible form and manner, as may reasonably be required by a person who wishes to exercise any right contemplated in PAIA and POPIA.
5.2 The Guide is available in each of the official languages and in braille.
5.3 The Guide contains the description of —
- 5.3.1 the objects of PAIA and POPIA;
- 5.3.2 the postal and street address, phone and fax number and, if available, electronic mail address of —
- 5.3.2.1 the Information Officer of every public body, and
- 5.3.2.2 every Deputy Information Officer of every public and private body designated in terms of section 17(1) PAIA and section 56 POPIA;
- 5.3.2.3 the manner and form of a request for —
- 5.3.2.3.1 access to a record of a public body contemplated in section 11 PAIA; and
- 5.3.2.3.2 access to a record of a private body contemplated in section 50 PAIA;
- 5.3.3 the assistance available from the Information Officer of a public body in terms of PAIA and POPIA;
- 5.3.4 the assistance available from the Regulator in terms of PAIA and POPIA;
- 5.3.5 all remedies in law available regarding an act or failure to act in respect of a right or duty conferred or imposed by PAIA and POPIA, including the manner of lodging —
- 5.3.5.1 an internal appeal;
- 5.3.5.2 a complaint to the Regulator; and
- 5.3.5.3 an application with a court against a decision by the information officer of a public body, a decision on internal appeal or a decision by the Regulator or a decision of the head of a private body;
- 5.3.6 the provisions of sections 14 and 51 PAIA requiring a public body and private body, respectively, to compile a manual, and how to obtain access to a manual;
- 5.3.7 the provisions of sections 15 and 52 PAIA providing for the voluntary disclosure of categories of records by a public body and private body, respectively;
- 5.3.8 the notices issued in terms of sections 22 and 54 PAIA regarding fees to be paid in relation to requests for access; and
- 5.3.9 the regulations made in terms of section 92 PAIA.
5.4 Members of the public can inspect or make copies of the Guide from the offices of the public and private bodies, including the office of the Regulator, during normal working hours.
5.5 The Guide can also be obtained from the website of the Regulator (https://www.justice.gov.za/inforeg/).
5.6 Any enquiries regarding the Guide should be directed to the Information Regulator:
- Physical Address: JD House, 27 Stiemens Street Braamfontein, Johannesburg, 2001
- Postal Address: P.O Box 31533 Braamfontein, Johannesburg, 2017
- Telephone Number: +27 (0) 10 023 5200
- Fax Number: 086 500 3351
- E-mail Address: inforeg@justice.gov.za
- Website: www.justice.gov.za/inforeg/
6. Records held by company
6.1 Automatically available Records
The following Records are automatically available and accessible to any person without having to apply for access thereto in terms of PAIA:
6.2 Records held in accordance with other legislation
Basic Conditions of Employment Act No 75 of 1997
Companies Act No 61 of 1973
- Memorandum of Incorporation
- Record of directors
- Copies of all reports presented at annual general meetings of the company, annual financial statements and accounting Records
- Notice and minutes of all meetings including all resolutions
- Copies of all written communication sent to shareholders
Compensation for Occupational Injuries and Health Diseases Act No 130 of 1993
Electronic Communications and Transactions Act No 25 of 2002
- Electronically Personal information and the purpose for which the data was collected
Income Tax Act No 58 of 1962
- Ledgers, Journals, etc
- Records relating to taxable capital gain or assessed capital loss
- Income tax required Records
- Taxation returns and assessments
- Annual financial statements
- Payroll Records
Labour Relations Act No 66 of 1995
Protection of Personal Information Act 4 of 2013
- Personal Information records
Promotion of Access to Information Act 2 of 2000
Skills Development Levies Act No 9 of 1999
Skills Development Act No 97 of 1998
Unemployment Contributions Act No 4 of 2002
Unemployment Insurance Act No 63 of 2001
Value Added Tax Act No 89 of 1991
- Record of all goods and services
- Tax invoices
6.3 Categories of Records available on requested in terms of PAIA
- 6.3.1 Company maintains Records on the categories and subject matters listed below.
- 6.3.2 These Records may be available on request. The Company values the significant and importance of privacy and confidentiality and access will only be given to Records in accordance with PAIA and where there is no lawful ground for refusal.
Accounting Records
- Annual financial statements and working papers
- General ledger
- Bank statements, cheque books, cheques
- Customer and supplier statements and invoices
- Fixed asset register
- Tax returns and assessments
- VAT returns
- Budgets and business plans
- Systems documentation
- Management review
- Capital expenditure
- Record of assets
- Record of liabilities
- Record of loans to related parties
- Record of liabilities and obligation
- Record of revenue
- Record of expenses
Fixed Property Records
Health and Safety Records
- Register, record of earnings, time worked, payment and particulars of all employees
Information Technology Records
- Capacity and utilisation of current systems
- Internet
- Licenses
- Software packages
- Telephone lines, leased lines and data lines
Insurance Records
- Claim records
- Details of coverage, limits and insurers
- Insurance policies
Intellectual Property Records
- Designs, trademarks, trade names, and protected names
Legal, Agreement and Contract Records
- Agreements with contractors, suppliers and clients
- Agreements with customers
- Agreements with shareholders, officers or directors
- Joint venture agreements, partnership agreements,
- participation, franchise, co-marketing, co-promotion, or other alliance agreements
- Contracts, including lease agreements and finance agreements
Personnel Records
- Disciplinary records
- Employee evaluation and performance records
- Employee information records
- Employee loans
- Employee remuneration
- Employee date of birth
- Employment applications
- Employment contracts
- Expense accounts
- IRP 5 and IT 3 certificates
- Letters of appointment
- Leave applications
- Maternity leave policy
- Name and occupation of each employee
- Organisational design
- Payroll
- Particulars of each employee
- Policies and procedures
- Recruitment and appointments
- Salary and wage registers
- Salary slips and wage records
- Staff records after employment
- Study assistance schemes
- Tax Returns of employees
- Time records
- Training and development
- UIF, PAYE and SDL returns
Sales and Marketing Records
- Brochures, newsletters and marketing material
- Customers
- Products
- Sales
- Service and product information
Statutory Company Records
- Annual Statutory Returns
- Certificate of Change of Name
- Certificate of Incorporation
- Register of directors and officers
- Register of directors' shareholding
- Register of past directors
- Registration Certificate
- Rules
- Shareholders’ Agreement
- Resolutions
Tax Records
- Income tax returns
- Provisional tax returns
- Tax assessments
- Provisional tax returns
- Tax assessments
- VAT documents
- Documentary proof substantiating the zero rating of supplies
7.1 Company processes Personal Information in the ordinary course of its business. Company primarily uses Personal Information only for the purpose for which it was originally collected. Company uses Personal Information for a secondary purpose only if such purpose constitutes a lawful legitimate interest and is closely related to the original purpose for which the Personal Information was collected.
- 7.1.1 Company processes Personal Information for, amongst others –
- 7.1.1.1 providing its goods and services;
- 7.1.1.2 complying with obligations in terms of contractual relationships;
- 7.1.1.3 complying with legal obligations and applicable law;
- 7.1.1.4 developing and improving our businesses, goods, services and offerings;
- 7.1.1.5 recruitment;
- 7.1.1.6 statistical purposes;
- 7.1.1.7 relationship management and marketing purposes in relation to goods and services, account management and for marketing activities;
- 7.1.1.8 internal management and management reporting purposes; and
- 7.1.1.9 safety and security purposes.
7.2 Categories of data subjects and Personal Information
Company processes the following personal information and special personal information relating to the following categories of data subject, including but not
limited to –
Data Subjects
HR/ Employees
- name
- physical address
- telephone number
- birth date
- nationality
- location information
- ID / passport number
- tax information
- banking details
Customers
- name
- physical address
- telephone number
- company registration number
- email address
- banking details
Suppliers
- name
- physical address
- telephone number
- company registration number
- email address
- banking details
Service Providers
- name
- physical address
- telephone number
- company registration number
- email address
- banking details
7.3 Disclosure of Personal Information to third parties
- 7.3.1 Company relies on third-party service providers to provide its goods and services. This requires disclosing of Personal Information with these third parties.
- 7.3.2 Company may disclose Personal Information to our its associates and service providers, for legitimate business purposes, in accordance with applicable law and subject to applicable professional and regulatory requirements regarding confidentiality.
- 7.3.3 In addition, Company may disclose Personal Information –
- 7.3.3.1 if required by law;
- 7.3.3.2 to legal and regulatory authorities, upon request, or for the purposes of reporting any actual or suspected breach of applicable law or regulation;
- 7.3.3.3 to third party operators;
- 7.3.3.4 where it is necessary for the purposes of, or in connection with, actual or threatened legal proceedings or establishment, exercise or defense of legal rights;
- 7.3.3.5 to any relevant party for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including, but not limited to, safeguarding against, and the prevention of threats to, public security; and
- 7.3.3.6 to any relevant third party acquirer(s), in the event that we sell or transfer all or any portion of our business or assets (including, but not limited to, in the event of a reorganization, dissolution or liquidation).
- 7.3.4 If Company discloses Personal Information to third parties, the latter will be obliged to only use that personal information for the reasons and purposes the information was disclosed for and provide adequate security safeguards.
7.4 International transfer of Personal Information
- 7.4.1 Company may transfer Personal Information to recipients outside of the Republic of South Africa.
- 7.4.2 Personal Information may be transferred outside of the Republic of South Africa provided that the country to which the data is transferred has adopted a law that provides for an adequate level of protection substantially similar to POPIA, the third party undertakes to protect the Personal Information in line with applicable data protection laws and the transfer is necessary for Company’s business operations.
7.5 Security of Personal Information
- 7.5.1 Company provides adequate protection for the Personal Information in its possession. Company implements appropriate technical and organisational security measures to protect Personal Information in its possession against accidental or unlawful destruction, loss, alteration, unauthorised disclosure, unauthorised access, in accordance with applicable law.
- 7.5.2 In dealings with third parties, Company imposes appropriate security, privacy and confidentiality obligations on them to ensure that the Personal Information disclosed to them is kept secure. Company ensures that anyone to whom Personal Information is passed onto agrees to treat such Personal Information with the same level of protection as Company is obliged to.
- 7.5.3 Company, on an on-going basis, reviews its security controls and related processes to ensure Personal Information remains secure.
8. Request procedure in terms of popia
8.1 A data subjects is entitled to make the following requests to Company in terms of POPIA -
- 8.1.1 to confirm all information Company holds about the data subject;
- 8.1.2 to object to the processing of Personal Information; and
- 8.1.3 to correct or delete Personal Information.
8.2 A request must be made in writing and on the prescribed forms as per Annexure A. The request must be sent to Company’s Information Officer.
9. Request procedure in terms of paia
9.1 To request a Record in terms of PAIA, the request must be made on the prescribed form (Annexure B). The request must be sent to Company’s Information Officer.
9.2 The requester must provide sufficient details in the request to enable Company to identify:
- 9.2.1 the Record(s) requested;
- 9.2.2 the requester (and if an agent is lodging the request, proof of capacity);
- 9.2.3 the form of access required;
- 9.2.4 the postal address or email address of the requester in South Africa, or if the requester wishes to be informed of the decision in any manner (in addition to written), the manner and particulars thereof; and
- 9.2.5 the right which the requester is seeking to exercise or protect with an explanation of the reason the Records are required to exercise or protect the right.
10. Prescribed fees
10.1 Requests made in terms of PAIA (other than personal requests) are subject to the following fees:
- 10.1.1 Request fee: R50.00
- 10.1.2 Access fee:
- For every photocopy of an A4-size page or part thereof R1.10
- 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
- For a copy in a computer-readable form on —
- stiffy disc R7.50
- compact disc R70.00
- For a transcription of visual images, for an A4-size page or part thereof R40.00
- For a copy of visual images R60.00
- For a transcription of an audio record, for an A4-size page or part thereof R20.00
- For a copy of an audio record R30.00
10.2 If the preparation of the Record requested required more than the prescribed 6 (six) 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).
10.3 A requester may lodge an application with a court against the render/payment of the request fee and/or deposit.
10.4 Records may be withheld until the fees have been paid.
11. Grounds for refusal of access to records
Company may refuse a request for information in accordance with section 62 to 69 PAIA.
12. Availability and updating of this manual
12.1 This Manual is available at Company’s office and on Company’s website.
12.2 Company may review and update this Manual from time to time. The latest version of this Manual is available on request.
13. Annexures
- Annexure “A”
- Annexure “B”