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PAIA Manual

PAIA MANUAL

PREPARED IN TERMS OF SECTION 51 OF THE PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000 (AS AMENDED) AND THE PROTECTION OF PERSONAL INFORMATION ACT 4 OF 2013 (AS AMENDED)

 

OF

 

PRETORIA CLOTHING AND CAPS (PTY) LTD t/a SOVIE

COMPILED: MARCH 2022

  1. INTRODUCTION

Soviet understands the importance of transparency and the Constitutional right of access to information and will do our outmost best to ensure that anyone who requires access to any record to fully exercise and protect their rights has access to the PAIA Guide prepared by the Regulator as well as assistance from Soviet in undertaking the request process. Soviet takes extreme care to ensure all the records we hold are protected from unlawful access and are processed in accordance with South African law. To this end, Soviet has prepared this PAIA manual in accordance with the requirements of section 51 of PAIA to assist anyone where they seek to request access to information held by Soviet under PAIA.

  1. DEFINITIONS AND INTERPRETATION

In this Agreement, unless otherwise indicated by context, the following words and expressions bear the meanings assigned to them and cognate expressions bear corresponding meanings:

  • "DIO" means the Deputy Information Officer;
  • "IO" means Information Officer;
  • "PAIA" means the Promotion of Access to Information Act, 2 of 2000, as amended;
  • "POPI" means the Protection of Personal Information Act, 4 of 2013, as amended;
  • "Regulator" means the Information Regulator established in terms of section 39 of POPI;
  • "Regulations" means the regulations published in terms of section 92 of PAIA; and
  • "South Africa" means the Republic of South Africa.
  1. PURPOSE OF SOVIET PAIA MANUAL

The purpose of this PAIA manual is to assist anyone to:

  • Review the categories of records held by Soviet which are available without having to submit a formal PAIA request;
  • Understand how to make a request for access to a record of Soviet, by providing a description of the subjects on which we hold records and the categories of records held under each subject;
  • Review the types of records of Soviet which are available in accordance with any other legislation;
  • Access all the relevant contact details of the IO and DIO of Soviet who will assist with the records anyone intends to access;
  • Understand how to access the guide on how to use PAIA, as updated by the Regulator;
  • Understand whether Soviet will process personal information, the purposes for which we process personal information and the description of the categories of data subjects and of the information or categories of information relating thereto;
  • Distinguish the categories of data subjects and of the information or categories of information relating thereto;
  • Identify the third parties to whom personal information may be supplied by Soviet;
  • Identify if Soviet has planned to transfer or process personal information outside of South Africa and the parties to whom the personal information may be transferred; and
  • Understand the appropriate security measures which Soviet employs to ensure the confidentiality, integrity and availability of the personal information we process.
  1. GUIDE ON HOW TO USE PAIA AND HOW TO OBTAIN ACCESS TO THE GUIDE
    • The Regulator has, in terms of section 10(1) of PAIA, updated and made available the revised Guide on how to use PAIA (“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 POPI.
    • The Regulator has made the PAIA Guide available in each of the official languages of South Africa and in braille.
    • The PAIA Guide contains the following:
      • The objects of PAIA as well as POPI;
      • How to access the postal address, telephone number and email address of every registered IO and DIO (for both public and private bodies);
      • The manner and form of request for:
        • Access to a record of a public body contemplated in section 11 of PAIA; and
        • Access to a record of a private body contemplated in section 50 of PAIA.
      • The assistance available from the IO of a body in terms of PAIA and POPI;
      • The assistance available from the Regulator in terms of PAIA and POPI;
      • 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 POPI, including the manner of lodging:
        • An internal appeal;
        • A complaint to the Regulator; and
        • An application with a court against a decision by the IO 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;
      • The provisions of sections 14 and 51 of PAIA requiring a public body and private body, respectively, to compile a manual, and how to obtain access to a manual;
      • The provisions of sections 15 and 52 of PAIA providing for the voluntary disclosure of categories of records by a public body and private body, respectively;
      • The notices issued in terms of sections 22 and 54 of PAIA regarding fees to be paid in relation to requests for access; and
      • The Regulations.
    • Anyone can inspect or make copies of the PAIA Guide from Soviet's offices as well as, the office of the Regulator, during normal working hours.
    • The PAIA Guide can also be obtained:
    • A copy of the PAIA Guide is also available in the following two official languages, for public inspection during normal office hours:
      • English;
  1. Soviet CONTACT DETAILS FOR ACCESS TO INFORMATION
    • INFORMATION OFFICER

Name:                    Andre Dumon

Telephone:            011 061 0500

Email:                     support@sovietdenim.co.za

  • DEPUTY INFORMATION OFFICER

Name:                    Carmella Toscana

Telephone:            011 061 0500

Email:                     support@sovietdenim.co.za

  • GENERAL CONTACT:

Email:                     support@sovietdenim.co.za

  • SOVIET HEAD OFFICE

Physical Address:                 331 Roan Crescent, Corporate Park North, Midrand, Gauteng, 1685

Postal Address:                     P O BOX 50540, RANDJIESFONTEIN, 1683.

Telephone number:             011 061 0500

Website:                                https://sovietdenim.com/

  1. PROCEDURE TO REQUEST ACCESS TO INFORMATION
    • A request for access to information for a record held by Soviet must be made on a form which corresponds substantially to that of Form 2 of the Regulations (attached hereto as Annexure A) along with proof of payment of the prescribed fee to Soviet's IO or DIO at the details listed above.
    • When completing Form 2 or a form substantially similar, a requester must provide clear and accurate information and clearly state the right which the requestor seeks to exercise or protect, the record which they are seeking to access and an explanation as to how such record will assist them to exercise or protect their rights.
    • Soviet has 30 (thirty) days within which to respond to any request received. Once a decision has been made, Soviet's IO or DIO will inform a requester of their decision whether to grant or refuse a request and any fees payable on a form that corresponds substantially to that of Form 3 of the Regulations.
    • Soviet may refuse a request for access to a record on any of the grounds listed in Chapter 4 of PAIA (which are listed in the PAIA Guide).
    • A requestor is required to pay the request fee before a request will be processed. The request fee is listed in Annexure B to the Regulations. The current request fee payable is 00 (one hundred and forty Rand) per request.
    • The request fee must be paid into Soviet's nominated bank account, which details are available from our IO or DIO on request.
  2. REMEDIES
    • If a requestor is unhappy with a decision made by Soviet, they may submit a complaint to the Regulator.
    • A complaint to the Regulator must be made on a form which corresponds substantially to that of Form 5 of the Regulations, which is attached hereto as Annexure B. A complaint to the Regulator must be lodged within 180 (one hundred and eighty) days of receipt of the decision from Soviet.
    • The complaint will then follow the dispute resolution process described in the Regulations as well as the PAIA Guide.
  3. SOVIET RECORDS WHICH ARE AVAILABLE WITHOUT REQUEST
    • The following records are made freely available by Soviet and do not require any request to access:

Category of records

Types of the Record

Where Available 

Forms

Data Subject Access Request Form

On Website

Policies

Privacy Policy

On Website

Lay-by Policy

On Website

Returns Policy

On Website

Terms and Conditions

Terms and Conditions

On Website

Competition Terms and Conditions

On Website

Retail Information

Delivery & Payment Information

On Website

  1. SOVIET RECORDS WHICH ARE AVAILABLE IN ACCORDANCE WITH OTHER LEGISLATION
    • The following records are freely available to the public in accordance with legislation –

Category of Records

Applicable Legislation

Soviet Memorandum of Incorporation

Companies Act 71 of 2008

Soviet PAIA Manual

Promotion of Access to Information Act 2 of 2000

Soviet Privacy Policy

Protection of Personal Information Act 4 of 2013

  1. SUBJECTS AND CATEGORIES OF RECORDS HELD BY Soviet
    • Soviet holds records on the following subjects:

Subject of Records

Categories of Records

Company Secretarial

Memorandum of Incorporation; share certificates, resolutions, director registrations, minutes of meetings, share register

Human Resources

HR policies and procedures; available employment opportunities; employee records

Finance

Banking/bank account records; contractual agreements, accounting records, financial statements and reports, invoices

Insurance

Insurance policy documents

Intellectual Property

Trademarks, copyright, knowhow, and contractual agreements; original designs

Tax

Income tax records, contractual agreements

Commercial Agreements

Service level agreements; employee agreements, contractor agreements

Property

Lease agreements

Information Technology

Software licenses, data protection measures, data retention formulae, breach recovery processes

  1. PROCESSING OF PERSONAL INFORMATION
    • Purpose of Processing
      • Soviet processes personal information for legitimate business purposes and as a necessary function of a client's engagement with Soviet's services with such client's express consent. Soviet therefore processes personal information in the following circumstances:
        • To provide our services to a client;
        • For internal record keeping of responsible party third parties;
        • To contact a client regarding current or new Soviet services or any other product offered by us;
        • To inform client's of any new features, special offers and promotional competitions offered by Soviet or any of our divisions and partners;
        • To receive and accept services from independent contractors and service providers;
        • To allow client's to participate in any online engagement with Soviet;
        • To provide it to authorised third party service providers who need personal information to provide services to Soviet;
        • To provide it to mandated government authorities when instructed to do so for legal compliance only (such as the Income Tax Act, FICA);
        • To improve Soviet's product selection and user experiences on Soviet's website through analytical data.
      • Data Subjects and Information Processed

As a responsible party, Soviet processes the following information from the following list of data subjects:

Data Subjects

Personal Information that may be processed

Clients

Information from client on-boarding which includes personal information; contact details; bank account information; delivery address, client enquiries.

Service Providers / Suppliers

Company information such as name, registration number, VAT information, registered address, information obtained from service level agreements such as, trade secrets confidential information and banking information.

Employees / Possible Employees / Directors / Shareholders

Full name, identify documentation, address, contact information, educational qualifications (including curriculum vitae), gender, race, banking information, tax information and medical information.

Independent Contractors

Company information such as name, registration number, VAT information, registered address, and/or personal information such as full name, address, identity number, contact information, and information obtained from contractual agreements such as confidential information, banking information and/or tax information.

  • Third Part Recipients to whom Soviet shares personal information

In accordance with our operational requirements, Soviet shares personal information with the following third parties:

Category of personal information

Recipients or Categories of Recipients to whom the personal information may be supplied

Identity, Contact, Communication, Financial, Transactional, Contractual, Technical and Usage information.

Personal information manager software system, primarily email client.

Identity, Contact, Communication, Financial, Transactional, Contractual, Technical and Usage information.

Social media management platform.

Email marketing service provider.

Technical and Usage information.

Web analytics service.

Identity, Contact, Financial, Transactional.

Payment gateway service provider.

Payment gateway service provider for lay-by purchases.

Identity, Contact, Communication, Financial, Transactional, Contractual, Technical and Usage information.

Accounting software package.

Identity, Contact, Financial, and Transactional.

Online accounting software.

Identity, Contact, Communication, Financial, Transactional, Technical and Usage.

Ecommerce platform.

Identity, Contact, Communication, Financial, Transactional, Contractual, Technical and Usage information.

Labour Serve

Identity, Contact, Financial, Contractual.

Transport and courier service provider.

Identity, Contact, Financial, Contractual.

Retail point-of-sales software.

  • International Transfers
    • Soviet may transfer personal information outside of South Africa in the following circumstances:
      • Personal information which is stored using secure cloud severs hosted outside of South Africa.
    • Whenever Soviet transfers any personal information outside of South Africa, we always ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards are implemented:
      • There are contracts in place with all such third parties, providing warranties that they will process the personal information at standards equal to or better than those applied by Soviet; and
      • Soviet will only transfer personal information to countries that have been deemed to provide an adequate level of protection for personal information by the Regulator.
    • Data Security
      • Soviet's website is built on the Shopify platform, and as such is Payment Card Industry ("PCI") compliant by default, allowing us to keep payment information and business data safe and secure.
      • Shopify’s compliance covers all six PCI standard categories and thereby prevents personal information Soviet processes from being accidentally lost, used, or accessed in an unauthorised way, altered, or disclosed through maintenance of a secure network; protection of cardholder data; maintenance of a vulnerability management program; implementation of a strong access control measures; regular monitoring and testing networks; maintenance of an information security policy.
      • All information processed is also restricted to only those individuals who need access.
  1. AVAILABILITY OF PAIA MANUAL
    • A copy of this PAIA Manual is available:
      • On our website, at https://sovietdenim.com/;
      • At our offices during ordinary business hours;
      • To any person upon request and upon the payment of a reasonable prescribed fee;
      • To the Information Regulator upon request.
    • The fee for a copy of this PAIA Manual, as contemplated in Annexure B of the Regulations, shall be payable per each A4-size photocopy made.
  2. UPDATE TO THIS PAIA MANUAL
    • This PAIA Manual will be regularly updated by Soviet's IO and/or DIO.
    • This PAIA Manual was last updated on 18 March 2022.

 Thank you for your interest and if you have any questions, please direct them to the IO or Deputy Information Officer of Soviet.

Andre Dumon

Information Officer