THE OAKS COLLECTIVE (PTY) LTD

REGISTRATION NUMBER: 2000/007085/07

Edition: June 2021

This PAIA Manual (hereinafter referred to as “the Manual”) has been prepared in terms of Section 51 of the Promotion of Access to Information Act No. 2 of 2000 (hereinafter referred to as “PAIA”), with careful consideration of the provisions of the Protection of Personal Information Act No. 4 of 2013 (hereinafterreferred to as “POPIA”).

TABLE OF CONTENTS

1. INTRODUCTION………………………………………………………………………………………………………….. 3
2. INTERPRETATION……………………………………………………………………………………………………….. 3
3. PURPOSE OF THE MANUAL………………………………………………………………………………………… 4
4. GUIDE ON THE APPLICATION OF PAIA………………………………………………………………………… 5
5. RECORDS KEPT IN TERMS OF LEGISLATION APPLICABLE TO BRAND ET AL…………………. 5
6. CATEGORISATION OF RECORDS…………………………………………………………………………………. 6
7. INFORMATION OFFICER……………………………………………………………………………………………… 8
8. PROCESSING OF PERSONAL INFORMATION……………………………………………………………….. 9
9. SUBMITTING A REQUEST FOR ACCESS TO A RECORD………………………………………………… 11
10. FEES…………………………………………………………………………………………………………………………. 12
11. INFORMATION OR RECORDS NOT FOUND…………………………………………………………………… 12
12. GROUNDS FOR REFUSAL OF ACCESS…………………………………………………………………………. 12
13. AMENDMENT AND UPDATING OF MANUAL………………………………………………………………… 13
14. AVAILABILITY OF THE MANUAL………………………………………………………………………………….. 13

ANNEXURE A…………………………………………………………………………………………………………………….. 14

1. INTRODUCTION

The Bill of Rights in Chapter 2 of the Constitution of the Republic of South Africa, Act 108 of 1996 (hereinafter referred to as “the Constitution”) define the rights of the people and provide to whom, and how the rights apply, and also regulate when and how the rights may be limited.

Section 14 of the Constitution protects the right to privacy, and the Protection of Personal Information, Act 4 of 2013 is the primary instrument used to regulate data protection in South Africa.

In order to empower the people of South Africa to fully exercise and protect all of their rights, and specifically the rightto privacy as provided for in Section 32(1) of the Constitution; the Promotion of Access to Information Act No. 2 of 2000 actively enables access to records and/ or information held by a governmental body and/ or any information held by anotherperson (juristic or natural in nature).

In other words, by accessing the information held by another person (juristic or natural in nature) each person can protect their privacy by managing what Personal Information is shared and how it is processed.

2. INTERPRETATION

2.1 In this Manual, words shall be interpreted as defined in the Promotion of Access to Information Act No. 2 of 2000.

2.2 For ease of reference only, The Oaks Collective includes the following definitions contained in the above-mentioned legislation:

2.2.1 “Personal Requester” means a natural person requesting access to a Record which contains personalinformation about himself or herself;

2.2.2“Personal Information” means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to:

2.2.2.1 information relating to the race, gender, sex, pregnancy, marital status, national, ethnic, or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person;

2.2.2.2 information relating to the education or the medical, financial, criminal or employment history ofthe person;

2.2.2.3 any identifying number, symbol, e-mail address, physical address, telephone number, locationinformation, online identifier, or other particular assignment to the person;

2.2.2.4 the biometric information of the person;

2.2.2.5 the personal opinions, views, or preferences of the person;

2.2.2.6 correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;

2.2.2.7 the views or opinions of another individual about the person; and

2.2.2.8 the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person;

2.2.3 “Record” means any recorded information, in any form or medium in possession of The Oaks Collective; and

2.2.4 “Requester” means any person requesting access to a record held by The Oaks Collective

3. PURPOSE OF THE MANUAL

3.1 This Manual provides a description of Records held by The Oaks Collective, and the purpose for which personal information is processed.

3.2 It furthermore provides guidance as to the procedure for requesting access to such Records, and how such a requestfor access should be dealt with by The Oaks Collective.

3.3 Although The Oaks Collective acknowledge the Requester’s right (whether Private or not), to have access to records kept by The Oaks Collective, the aforesaid access shall be strictly limited by prudent application of the provisions of POPIA. The Oaks Collective implements extensive security measures to ensure the confidentiality and integrity of Personal Information in its possession.

3.4 The Manual also contains the list of grounds upon which The Oaks Collective may rely in refusing access to a Record held by the same.

4. GUIDE ON THE APPLICATION OF PAIA

4.1 The South African Human Rights Commission (hereinafter referred to as “the SAHRC”) has, in terms Section 10 of PAIA, compiled a guide providing information to members of the public who wish to exercise their right of access to information, on how to use PAIA, and the guide is available in all the official South African languages at various public information centres as prescribed in terms of PAIA.

4.2 The aforementioned guide can also be accessed through the SAHRC’s website on sahrc.org.za, or queries can bedirected to:

5.  RECORDS KEPT IN TERMS OF LEGISLATION APPLICABLE TO THE OAKS COLLECTIVE

5.1 The Oaks Collective keep records as required by the following legislation:

5.1.1 Labour Relations Act (Act 66 of 1995)

5.1.2 Basic Conditions of Employment Act (Act 75 of 1997)

5.1.3 Employment Equity Act (Act 55 of 1998)

5.1.4 Unemployment Insurance Contributions Act (Act 4 of 2002)

5.1.5 Unemployment Insurance Act (Act 63 of 2001)

5.1.6 Skills Development Levies Act (Act 9 of 1999)

5.1.7 Skills Development Act (Act no. 97 of 1998)

5.1.8 Compensation for Occupational Injuries and Diseases Act (Act 130 of 1993

5.1.9 Occupational Health and Safety Act (Act 85 of 1993)

5.1.10 Companies Act (Act 71 of 2008)

5.1.11 Income Tax Act (Act 95 of 1967)

5.1.12 Value Added Tax Act (Act No. 89 of 1991)

5.1.13 Long Term Insurance Act (Act 52 of 1998)

5.1.14 Short Term Insurance Act (Act 53 of 1998)

5.1.15 Copyright Act (Act 98 of 1978)

5.1.16 Trade Marks Act (Act no. 194 of 1993)

5.1.17 National Credit Act (Act 34 of 2005)

5.1.18 Electronic Communications and Transactions Act (Act 25 of 2002)

5.1.19 Intellectual Property Laws Amendment Act (Act 28 of 2013)

6. CATEGORISATION OF RECORDS

6.1The Records kept by The Oaks Collective are categorised as follows:

6.1.1 Administration and Management:

1. Company Records;
2. Statutory Records;
3. The Oaks Collective policies and procedures;
4. Minutes of internal meetings;
5. Risk insurance and insurance Records; and
6. Commercial Contracts

6.1.2 Financial Records:

1. Annual financial statements;
2. Asset Registers;
3. Auditor’s reports;
4. Banking records;
5. Creditors and debtors’ Records;
6. Invoices and statements; and
7. Tax Returns.

6.1.3 Operational Records:

1. PAYE Records;
2. Documents issued to employees for income tax purposes;
3. Records of payment made to SARS on behalf of employees;
4. VAT Records;
5. Skills development levies;
6. Records of Unemployment Insurance Fund contributions;
7. Workmen’s compensation Records; and
8. Service Level Agreements

6.1.4 Employee Records:

1. List of Employees;
2. Appointment Records and employment contracts;
3. Payroll Records;
4. Health and safety records;
5. Internal policies and administrative forms;
6. Training schedules; and
7. Personnel Records including personal details, disciplinary records, performance and assessment Records.

6.1.5 Information Technology:

1. Computer software;
2. User statistics; and
3. Software licenses.

6.1.6 Records pertaining to clients:

1. Limited Personal Information which is required to perform services to the client;
2. Client’s historical interaction with The Oaks Collective; and
3. Client’s marketing preferences regarding products and services.

7.  INFORMATION OFFICER

7.1 The responsibility for the administration of and compliance with the provisions of PAIA and POPIA have beendelegated by the Chief Executive Officer of The Oaks Collective to its Information Officer

7.2 A Requester who wishes to acquire further information in regard to the use of this Manual and/or procedure to be followed to obtain access to a Record, may direct enquiries to the Information Officer at the following contact details:

8. PROCESSING OF PERSONAL INFORMATION

8.1 In terms of POPIA, Personal Information may only be processed for a specific purpose.

8.2 The Oaks Collective may process Personal Information as part of its internal commercial administration which includes employee administration and compliance with tax laws and any other applicable legislative and regulatory requirements.

8.3 Furthermore, The Oaks Collective processes Personal Information of clients when rendering services to same which includes details of clients’ accounts.

8.4 The Oaks Collective explicitly discloses the purpose for processing of Personal Information at the time the Personal Information is collected, and only proceeds with the processing thereof once consent has been given by the person whose Personal Information is collected.

8.5 The Oaks Collective may process Personal Information and retain Records relating to natural or juristic persons who fall within the following non-exhaustive categories:

1. Clients
2. Suppliers
3. Contracted service providers
4. Employees
5. Directors
6. Any third party with whom The Oaks Collective conduct business

8.6 The Oaks Collective may supply Personal Information to the following Recipients:

1. 1. Statutory oversight bodies, regulators or judicial commissions of enquiry making a request for the Records;
   2. Any court, administrative or judicial forum, arbitration, statutory commission, or ombudsman making a requesttherefor in terms of the applicable rules;
   3. The South African Revenue Services, or another similar authority;
   4. Third parties with whom The Oaks Collective have a contractual relationship for the capturing, organising, storage and/or retention and archiving of data; and
   5. Anyone making a successful application for access in terms of PAIA.

8.7 Subject to the provisions of POPIA and the National Credit Act (Act 34 of 2005),

1. The Oaks Collective may share information about a client’s creditworthiness with any credit bureau or credit provider’s industry association or other association for an industry in which The Oaks Collective operates.
2. The Oaks Collective may only transfer Personal Information of a client (whether a natural or juristic person) to a third party domiciled in a foreign country for the purpose of rendering certain commercial services to that client, if the recipient of the Personal Information is subject to a law, binding corporate rules or binding agreement which provide an adequate level of protection that effectively upholds the principles for processing of the information that are substantially similar to the conditions for the lawful processing of Personal Information inSouth This transfer remains subject in the first instance to the client’s consent to transfer the information.In addition hereto, the transfer must be necessary for the performance in terms of a contract concluded in theinterest of the client between The Oaks Collective and a third party.

9. SUBMITTING A REQUEST FOR ACCESS TO A RECORD

9.1 A request for access to any of the Records held by The Oaks Collective in terms of Section 50 of PAIA must be made in writing by completing the form contained in the  Regulations regarding the Promotion ofAccess to Information, 2002 (Form C).

9.2 A copy of the form is attached as Annexure A to this Manual. The request must be made to the Information Officer at the address, or email address, specified in this manual.

9.3 A Requester must pay the prescribed fee before processing of the request will take place.

9.4 The requester must provide sufficient detail on the prescribed form to allow The Oaks Collective to identify the Record or Records which have been requested and to identify the If a request is made on behalf of another person or entity, the Requester must submit details and proof of the capacity in which the requester is making the request,which must be reasonably satisfactory to The Oaks Collective. The Requester is also required to indicate the form of access to the relevant record that is required, and to provide his, her or its contact details in the Republic of South Africa.

9.5 The Requester is required to identify the right he, she or it is seeking to exercise or protect by accessing records held by The Oaks Collective and to explain why the particular record or records requested is or are required for the exercise or protection of that right.

9.6 The Oaks Collective may, and must in certain instances, refuse access to records on any of the grounds set out in Chapter 4 of Part 3 of PAIA which includes that access would result in the unreasonable disclosure of PersonalInformation about a third party.

9.7 The Oaks Collective is required to inform a Requester in writing of its decision in relation to a request.

9.8 The Oaks Collective will make a decision in relation to a request for access to records within 30 (thirty) days of receipt of the request, unless third parties are required to be notified of the request or the thirty-day period is extended as provided for in PAIA and will notify the Requester accordingly.

9.9 A Requester aggrieved by the Information Officer’s decision either to refuse a request for access, a decision regarding the payment of an access fee, or a decision regarding the form of access to be granted, may submit a complaint to the Information Regulator of South Africa within 30 (thirty) days after the date of the decision by The Oaks Collective Information Officer. Further information about the aforesaid Information Regulator can be obtained fromhttps://informationcommissioners.org/south-africa.

10. FEES

10.1 The request fee payable by a Requester, other than a Personal Requester, is R50.00 (fifty rand).

10.2 The Information Officer will notify the Requester in writing, to pay the prescribed fee (if any) before further processing the request.

10.3 The access fee payable for searching for the Record for disclosure is R30.00 (thirty rand) for each hour or part of an hour reasonably required for such

10.4 If the Information Officer is of the opinion that 6 (six) hours will be exceeded to search, reproduce and or prepare the information requested, a deposit is payable equal to one third of the access fee referred to in paragraph 10.3 above.

11. INFORMATION OR RECORDS NOT FOUND

11.1 If all reasonable steps have been taken to find a Record and such a Record cannot be found or if the Records soughtdo not exist, then the Information Officer shall inform the Requester, by way of an affidavit or affirmation, that it is notpossible to give access to the Record requested.

11.2 The affidavit or affirmation shall provide a full account of all steps taken to find the Record or to determine theexistence thereof, including the details of all communications by the Information Officer with the persons whoconducted the

11.3 If the Record in question is to be found at a later stage, the Requester shall be given access to the Record in the manner stipulated by the Requester in the prescribed form unless access is refused by the Information

12. GROUNDS FOR REFUSAL OF ACCESS

12.1 Mandatory protection of privacy of third party who is a natural person, including a deceased individual.

12.2 Mandatory protection of commercial information of third party.

12.3 Mandatory protection of certain confidential information and protection of certain confidential information of a third party.

12.4 Mandatory protection of safety of individuals, and protection of property.

12.5 Mandatory protection of Records privileged from production in legal proceedings.

12.6 Economic interests and commercial activities of The Oaks Collective.

12.7 Mandatory protection of research information of a third party, and protection of research information of The Oaks Collective.

12.8 Operations of The Oaks Collective.

12.9 Manifestly frivolous or vexatious requests, or substantial and unreasonable diversion of resources of The Oaks Collective.

13. AMENDMENT AND UPDATING OF MANUAL

13.1 This Manual shall be annually revised and updated if necessary or at such intervals as may be prescribed amendments to legislation.

13.2 As and when amendments are affected, the latest version of the Manual will be made public.

14. AVAILABILITY OF THE MANUAL

• This Manual is available for inspection at the offices of The Oaks Collective, located at Menlyn Woods Office Park, 291 Sprite Street, Faerie Glen, Pretoria, free of

• Copies of the Manual may be obtained, subject to the payment of the prescribed fees in paragraph 10, at the offices ofThe Oaks Collective.

• The Manual can also be accessed online at https://theoaks.studio

ANNEXURE A

FORM C

Request for Access to a Record of/ or held by a Private Body

Section 53 (1) of the Promotion of Access to the information Act 2 of 2000 – Regulation 10

Signed at                                                     on this                                 day of                          20        .

Signature of Requester/ person on whose behalf request is made.