POPIA COMPLIANCE

Privacy Policy

PREPARED IN TERMS OF THE REQUIREMENTS OF:

SECTION 51 OF THE PROMOTION OF ACCESS TO INFORMATION ACT NO. 2 OF 2000 (“PAIA”) AND UPDATED IN LIGHT OF THE PROTECTION OF PERSONAL INFORMATION ACT 4 OF 2013 (“POPIA”) IN RESPECT OF THE BUSINESS.

The Promotion of Access to Information Act 2 of 2000 (“PAIA”) gives effect to the right of access to information in records held by public or private bodies that is required for the exercise or protection of any rights as enshrined in the Bill of Rights forming part of The Constitution of The Republic of South Africa, 1996 (“the Constitution”).

PAIA gives effect to the provisions of Section 32 of the Constitution, which provides for the right of access to information. This is information held by the State but also information held by any another person. A person that is entitled to exercise a right or who needs information for the protection of any right, is entitled to access that information, subject to certain restraints.

Section 51 of PAIA creates a legal right to access records (as defined in section 1 of PAIA) of a private body (both natural and juristic), however this right may be negated in circumstances as set out under Chapter 4 of Part 3 of PAIA. In addition, in compliance with POPIA a responsible party who processes personal information must notify the person to whom personal information relates (“Data Subject”) of the manner in which the Data Subject can access their personal information held by the responsible party.

The Business has no subsidiaries, and its main business activity can be described as: Immigration

2.1 Business means ABC Immigration (Pty) Ltd. (Registration / identity number: 2023/250473/07), currently situated at Eco Office Park, Suite B06, 340 Witch-hazel Avenue, Centurion, 0157;
2.2 Conditions for Lawful Processing means the conditions for the lawful processing of Personal Information as fully set out in chapter 3 of POPIA;
2.3 Constitution means the Constitution of the Republic of South Africa, 1996;
2.4 Client refers to any natural or juristic person that received or receives services from the Business;
2.5 Data Subject has the meaning ascribed thereto in section 1 of POPIA;
2.6 Deputy Information Officer means the Business’s appointed personnel as referred to in clause 5 (if any);
2.7 Head of the Business means the “head” as defined in section 1 of PAIA and referred to in clause 5;
2.8 Information Officer means the Business’s appointed personnel as referred to in clause 5;
2.9 Manual means this manual prepared in accordance with section 51 of PAIA and regulation 4(1)(d) of the POPIA Regulations;
2.10 PAIA means the Promotion of Access to Information Act, 2000;
2.11 Personal Information has the meaning ascribed thereto in section 1 of POPIA;
2.12 Personnel refers to any person who works for, or provides services to or on behalf of the Business, and receives or is entitled to receive remuneration and any other person who assists in carrying out or conducting the business of the Business, which includes, without limitation, directors (executive and non-executive), all permanent, temporary and part-time staff as well as contract workers;
2.13 POPIA means the Protection of Personal Information Act, 2013;
2.14 POPIA Regulations mean the regulations promulgated in terms of section 112(2) of POPIA;
2.15 Private Body has the meaning ascribed thereto in sections 1 of both PAIA and POPIA;
2.16 Processing has the meaning ascribed thereto in section 1 of POPIA;
2.17 Responsible Party has the meaning ascribed thereto in section 1 of POPIA;
2.18 Record has the meaning ascribed thereto in section 1 of PAIA and includes Personal Information;
2.19 Requester has the meaning ascribed thereto in section 1 of PAIA;
2.20 Request for Access has the meaning ascribed thereto in section 1 of PAIA; and
2.21 SAHRC means the South African Human Rights Commission.

Capitalised terms used in this Manual have the meanings ascribed thereto in section 1 of POPIA and PAIA as the context specifically requires, unless otherwise defined herein.

3.1 For the purposes of PAIA, details the procedure to be followed by a Requester and the manner in which a Request for Access will be facilitated; and
3.2 For the purposes of POPIA, amongst other things, details the purpose for which Personal Information may be processed; a description of the categories of Data Subjects for whom the Business Processes Personal Information as well as the categories of Personal Information relating to such Data Subjects; and the recipients to whom Personal Information may be supplied.

4.1 The details of the Business are as follows:
Physical address:
Eco Office Park, Suite B06, 340 Witch-hazel Avenue,
Centurion,
0157

Postal address:
PO Box 584, Midstream Estates, 1692

Telephone number:
0799202696

Email address:
info@abcimmi.co.za

Name and Surname	Catherine Boshoff
Physical Address	Eco Office Park, Suite B06, 340 Witch-hazel Avenue, Centurion, 0157
Postal Address	PO Box 584, Midstream Estates, 1692
Telephone Number	079 920 2696
Email Address	info@abcimmi.co.za

6.1 The SAHRC has compiled a guide, as contemplated in section 10 of the South African Human Rights Commission Act, 2013 (“the Act”) containing information to assist any person who wishes to exercise any right as contemplated in the Act.

6.2 This guide is available from the SAHRC at

Contact Information
Postal Address:	Private Bag 2700, Houghton, 2041
Website:	www.sahrc.org.za
Telephone Number:	011 877 3600
Fax Number:	011 403 0684

7.1 Schedule of Records
The Schedule of Records as contained in Annexure 1 of this Manual details the Records that are held and/or Processed by the Business for the purposes of PAIA and POPIA respectively. Such access to such Records may not be granted if they are subject to the grounds of refusal which are specified in clause 8 below.
7.2 List of Applicable Legislation
7.2.1 The Business retains records which are required in terms of legislation other than PAIA.
7.2.2 Certain legislation provides that private bodies shall allow certain persons access to specified records, upon request. Legislation that may be consulted to establish whether the Requester has a right of access to a record other than in terms of the procedure set out in PAIA are set out in Annexure 2.

The following are the grounds on which the Business may, subject to the exceptions contained in Chapter 4 of PAIA, refuse a Request for Access in accordance with Chapter 4 of PAIA:
8.1 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;
8.2 Mandatory protection of the commercial information of a third party, if the Records contain:
- Trade secrets of that third party;
- 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;
- Information disclosed in confidence by a third party to the Business, 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;
8.3 Mandatory protection of confidential information of third parties if it is protected in terms of any agreement;
8.4 Mandatory protection of the safety of individuals and the protection of property;
8.5 Mandatory protection of Records that would be regarded as privileged in legal proceedings;
8.6 Protection of the commercial information of the Business, which may include:
- Trade secrets;
- Financial/commercial, scientific or technical information, the disclosure of which could likely cause harm to the financial or commercial interests of the Business;
- Information which, if disclosed, could put the Business at a disadvantage in contractual or other negotiations or prejudice the Business in commercial competition;
- Computer programs which are owned by the Business, and which are protected by copyright and intellectual property laws;
8.7 Research information of the Business or a third party, if such disclosure would place the research or the researcher at a serious disadvantage;
8.8 Requests for Records that are clearly frivolous or vexatious, or which involve an unreasonable diversion of resources.

If the Business cannot find the records that the Requester is looking for despite reasonable and diligent search and it believes either that the records are lost or that the records are in possession but unattainable, the Requester will receive a notice in this regard from the Information Officer in the form of an affidavit setting out the measures taken to locate the document and accordingly the inability to locate the document.

10.1 The Business does not have internal appeal procedures. As such, the decision made by the Information Officer is final, and Requesters will have to exercise such external remedies at their disposal if the Request for Access is refused.
10.2 In accordance with sections 56(3) (c) and 78 of PAIA, a Requester may apply to a court for relief within 30 (thirty) days of notification of the decision for appropriate relief.

11.1 A Requester must comply with all the procedural requirements as contained in section 53 of PAIA relating to a Request for Access to a Record.
11.2 A Requester must complete the prescribed Request for Access form attached as Annexure 3 and submit the completed Request for Access form as well as payment of a request fee (if applicable) and a deposit (if applicable), to the Information Officer at the postal or physical address, facsimile number or electronic mail address stated in clause 5 above.
11.3 The Request for Access form must be completed with enough detail so as to enable the Information Officer to identify the following:
- (1) The Record/s requested;
- (2) The identity of the Requester;
- (3) The form of access that is required, if the request is granted;
- (4) The postal address or fax number of the Requester;
- (5) The right that the Requester is seeking to protect and an explanation as to why the Record is necessary to exercise or protect such a right.
11.4 If a Request for Access is made on behalf of another person, the Requester must submit proof of the capacity in which the Requester is making the request to the reasonable satisfaction of the Information Officer.
11.5 If an individual is unable to complete the prescribed form because of illiteracy or disability, such a person may make the request orally.
11.6 The Business will voluntarily provide the requested Records to a Personal Requester (as defined in section 1 of PAIA). The prescribed fee for reproduction of the Record requested by a Personal Requester will be charged in accordance with section 54(6) of PAIA and paragraph 11 below.

12.1 When the Request for Access is received by the Information Officer, the Information Officer will by notice require the Requester, other than a Personal Requester, to pay the prescribed request fee (if any), before further processing of the Request for Access.
12.2 Prescribed request fees are set out in Annexure 4.
12.3 If the search for a Record requires more than the prescribed hours for this purpose, the Information Officer will notify the Requester to pay as a deposit, the prescribed portion of the access fee (being not more than one third) which would be payable if the Request for Access is granted.
12.4 The Information Officer will withhold a Record until the Requester has paid the fees set out in Annexure 4.
12.5 A Requester whose Request for Access to a Record has been granted, must pay an access fee for reproduction and for search and preparation, and for any time reasonably required in excess of the prescribed hours to search for and prepare the Record for disclosure, including making arrangements to make it available in a requested form provided for in PAIA.
12.6 If a deposit has been paid in respect of a Request for Access which is refused, the Information Officer will repay the deposit to the Requester.

13.1 The Business will decide whether to grant or decline the Request for Access within 30 (thirty) days of receipt of the Request for Access and must give notice to the Requester with reasons (if required) to that effect.
13.2 The period referred to above may be extended for a further period of not more than 30 (thirty) days if the Request for Access is for a large number of Records or the Request for Access requires a search for Records held at another office of the Business and the Records cannot reasonably be obtained within the original 30 (thirty) day period.
13.3 The Business will notify the Requester in writing should an extension of time as contemplated above be required.
13.4 If, in addition to a written reply from the Information Officer, the Requester wishes to be informed of the decision on the Request for Access in any other manner, the Requester must state the manner and particulars so required.

11.1 This Manual is made available in terms of PAIA and section 4 of the Regulations to POPIA.
11.2 This Manual is further available at the offices of SAHRC and at the offices of the Business for inspection during normal business hours. No fee will be levied for inspection as contemplated in this clause.
11.3 Copies of the Manual can be obtained from the Information Officer. A fee will be levied for copies of the manual in accordance with Annexure 4.

11.1 This Manual is made available in terms of PAIA and section 4 of the Regulations to POPIA.
11.2 This Manual is further available at the offices of SAHRC and at the offices of the Business for inspection during normal business hours. No fee will be levied for inspection as contemplated in this clause.
11.3 Copies of the Manual can be obtained from the Information Officer. A fee will be levied for copies of the manual in accordance with Annexure 4.

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