Kobliat PAIA Manual
Kobliat Proprietary Limited
Registration number: 2020/626090/07
(the “Company”)
Manual prepared in accordance with section 51 of the Promotion of Access to Information Act, 2 of 2000, as amended (the “Act”)
Table of Contents
- Introduction
- Contact details (section 51(1)(a) of the Act)
- South African Human Rights Commission Guide (section 10 of the Act)
- Section 52 Notice: Voluntary Disclosure and automatic availability of certain records
- Information and/or documents available in accordance with legislation other than the Act (section 51(1)(d) of the Act)
- Documents and/or information held in terms of the Act (section 51(1)(e) of the Act)
- Purpose of collecting and processing personal information
- Data subject categories and their personal information
- Planned recipients of personal information
- Cross-border flow of personal information
- Security measures in place to protect personal information
- Other information (section 51(1)(f) of the Act)
- How to request access to records
- Grounds for the refusal of access to records
- Access to records
- Remedies available should the organisation refuse a request
- Fees in respect of records requested
- Form C
1. Introduction
The Act gives effect to the constitutional right of access to any information held by public or private bodies that is required for the exercise or protection of any rights of a person to whom such information belongs and/or impacts.
The aim of this manual is to assist potential requesters in following the procedure to request access to information and/or documents from the Company as contemplated in terms of the Act by setting out the requirements which such requests must satisfy as well as the grounds on which such requests may be denied.
The manual is available for inspection, free of charge, during business hours at the Company’s offices and is available on the Company’s website at https://www.kobliat.com.
The Company may amend this manual from time to time and the latest amended version of the manual will be made public as soon as the amendments have been finalised.
2. Contact details (section 51(1)(a) of the Act)
Name of Company Kobliat Proprietary Limited
Registration number: 2020/626090/07
Directors: Jan Hendrik du Toit and Wilhelm Ewart Gerrit Louw
CEO: CEO and Information Officer: Jan Hendrik du Toit (Juan)
Address: 22 Peeka Street, Die Boord, Stellenbosch, Western Cape, 7600
Postal address: P.O. Box 498, Stellenbosch, Western Cape, 7599
Telephone: [N.A.]
Fax: [N.A.]
E-mail address: support@kobliat.com
Website address: https://www.kobliat.com
3. South African Human Rights Commission Guide (section 10 of the Act)
- Requests must be made in accordance with the prescribed procedures in the Act and will be charged for at the rates provided in the Act (see paragraphs 6 and 7 in the Act).
- Requesters are referred to the guide on how to use the Promotion of Access to Information Act 2 of 2000 (the “Guide”), (see section 10 of the Act). This Guide was compiled by the South African Human Rights Commission (“SAHRC”) and contains information that assists with exercising Constitutional Rights. The Guide is available from the SAHRC at:
PAIA Unit
Research and Documentation Department
Private Bag 2700
Houghton
2041
Telephone: +27 11 484 8300 / +2711 877 3600
Fax: +27 11 484 0582/ +27-11-403 0625
Website: www.sahrc.org.za
E-mail: paia@sahrc.org.za
4. Section 52 Notice: Voluntary Disclosure and automatic availability of certain records
The following information is automatically available, and does not have to be requested in terms of this Manual:
Kobliat will in the near future release a self-service portal that will allow you to log into your profile to access, verify and correct certain basic information pertaining to your profile without the need to contact us
5. Information and/or documents available in accordance with legislation other than the Act (section 51(1)(d) of the Act)
In accordance with section 51(1)(d) of the Act and the requirements of other pieces of legislation (some of which are listed below), the Company keeps information and/or documents available.
- Basic Conditions of Employment Act, 75 of 1997, as amended
- Broad Based Black Economic Empowerment Act, 53 of 2003, as amended
- Companies Act, 71 of 2008, as amended
- Compensation for Occupational Injuries and Health Diseases Act, 130 of 1993, as amended
- Constitution of the Republic of South Africa, 1996, as amended
- Consumer Protection Act, 68 of 2008, as amended
- Copyright Act, 98 of 1978, as amended
- Currency and Exchanges Act, 9 of 1933, as amended
- Employment Equity Act, 55 of 1998, as amended
- Electronic Communications and Transactions Act, 25 of 2002, as amended
- Financial Intelligence Centre Act, 38 of 2001, as amended
- Income Tax Act, 58 of 1962, as amended
- Intellectual Property Laws Amendment Act, 38 of 1997, as amended
- Labour Relations Act, 66 of 1995, as amended
- National Credit Act, 34 of 2005, as amended
- Occupational Health and Safety Act, 85 of 1993, as amended
- Promotion of Access to Information Act, 2 of 2000, as amended
- Promotion of Equality and Prevention of Unfair Discrimination Amendment Act, 4 of 2000 as amended
- Protection of Personal Information Act, 4 of 2013, as amended
- Regulation of Interception of Communications and Provision of Communication-Related Information Act, 70 of 2002, as amended
- Skills Development Act, 97 of 1998
- Skills Development Levies Act, 9 of 1999, as amended
- Trade Marks Act, 194 of 1993, as amended
- Unemployment Insurance Contributions Act, 4 of 2002, as amended
- Unemployment Insurance Act, 63 of 2001, as amended
- Value-Added Tax Act, 89 of 1991, as amended
The office of the Minister of Justice and Constitutional Development has not issued a notice regarding the categories of records that are available without a person having to request access in terms of section 52(2) of the Act. However, access to the abovementioned records, if they are of a public nature, are available without a person having to request access thereto in terms of the Act as envisaged in section 52.
6. Documents and/or information held in terms of the Act (section 51(1)(e) of the Act)
The Company holds the information and/or documents listed below. These lists are not exhaustive.
The listing of a record type does not necessarily mean that the Company will grant access to the relevant records. Access is subject to the evaluation processes outlined herein, and these processes will be exercised in accordance with the requirements of the Act.
General information about the Company is available via the Internet on https://www.kobliat.com and is accessible to all who have access to the Internet.
Client records
- Client lists
- Agreements
- Consents
- Financial and accounts information
- Contact information
- Research information
- Support logs
- Correspondence
Compliance records
- BEE compliance
- Legislation compliance
- Policies and procedures
Corporate governance records
- Company directorships
- Company registrations
- Strategic management
- Statutory records
Finance records
- Budgets
- Debtors and creditors
- Funders and donors
- Management accounts
- Taxes
Incorporation documents
- Company secretarial documents
- Memorandum of incorporation
- Registers
- Statutory returns
- Powers of attorney
- Shareholder agreements
- Minutes of meetings
- Share certificates
Internal records relating to the business
- Operational records
- Trademarks and other intellectual property
- Marketing records
- Performance records
- Product sales records
- Internal correspondence
Personnel records
- Records relating to temporary employees (fixed term)
- Employees, part-time employees, permanent employees, associates, contractors
- Partners, directors, executive directors and non-executive directors
- Employment contracts
- Conditions of employment
- Workplace policies
- Disciplinary records
- Termination records
- Minutes of staff meetings
- Performance management records
- Employment-related records and correspondence
Supplier, merchant and service provider records
- Supplier and merchant registration information
- Contracts
- Confidentiality agreements and non-disclosure agreements
- Communication
- Logs
- Delivery records
- Sales records
- Financial and accounts information
- Contact information
- Support logs
- Consents
- Product information and content
- Commissioned work and similar information
Technical records
- Manuals
- Asset record
- Logs
- Electronic and cached information
- Product registrations
Other records
- Third-party information that may be in the possession of the Company but access to which would be subject to conditions set relating to possession and use or to limitations relating to purpose.
It is recorded that all documents and/or information requested pertaining to the aforesaid will only be made available to a requester subject to the provisions of the Act.
No documents and information held by the Company are available automatically: a person has to request access in terms of and subject to the provisions of the Act.
To request access to a document and/or information, a person should complete the prescribed form (see Form C - Request for access to record of Private Body, being the prescribed form of the Act, attached to this document) and address and submit it to the Information Officer. Please note that a prescribed fee is payable.
7. Purpose of collecting and processing personal information
The Company will collect and process the personal information of our clients, suppliers and merchants (data subjects) to, for example –
- carry out actions to conclude or perform in terms of our contract with you and/or give you access to our website or content;
- carry out a request that you made;
- protect our legitimate business interest;
- protect your legitimate interest; and
- comply with an obligation imposed on us by law.
We may process your personal information at different times, for example, when –
- you register and/or sign up for the services;
- we carry out product research;
- you browse the website; and
- you use our services.
For more information, please refer to our Privacy Policy, a copy of which is available on our website at www.kobliat.com.
We will collect and process the personal information of our employees to fulfil functions relating to –
- recruitment processes;
- verification of an applicant’s information received during the application process;
- personnel matters;
- administration;
- pension;
- medical aid;
- payroll;
- disciplinary action;
- training; and
- any other reasonable HR-related function.
8. Data subject categories and their personal information
The following information of potential and existing clients, merchants and suppliers (data subjects) may be processed:
- Information regarding registration to use the services. To access the services, you need to register an account with us. We collect information when, for example, you register and create your profile, subscribe to newsletters, request quotations, participate on social media and enter competitions. Your personal information may include your first name, last name, employment particulars, business entity particulars, e-mail address, physical address and telephone number. Once you have created your profile, you are able to add, remove and/or update your personal information. You agree to ensure that the information you provide remains accurate and up to date.
- Information regarding the use of the services. We collect information when you use our website and chatbot/s for example, the information you type into the documents that you generate on our website, Kobliat’s Chat Desk/s (KCD’s), Kobliat’s Intelligent Virtual Assistant/s (IVA’s), Kobliat’s Bot/s, Kobliat’s Website/s, Kobliat’s Partner or Customer Portal/s, Kobliat’s Broadcasting Tool/s, and any forms, documentation or digital channels where information can be requested and provided. This information is used by us to allow us to contact you and follow-up on your queries and support requirements. It is important to note that if you provide a third party’s personal information, you warrant that you have obtained such third party’s consent to do this and that you have directed such third party to our Privacy Policy.
- Information collected via surveys. We collect information when you participate in one of our surveys.
Information in e-mail and chatbot correspondence exchanged between us. We collect information when we communicate with you by e-mail and chatbot. - Log information. We collect technical and log information, for example, your IP address, device identifiers, language preference, date of access and time stamp, web browser and operating system details, pages you visited on our website and page interaction information.
- Cookies. We collect information relating to cookies, pixels, LocalStorage and software development kits. For more information, please refer to our Privacy Statement, a copy of which is available on our website at www.koblilat.com.
- Analytics services by third parties. Please refer to our Privacy Statement on our website about the analytics services used on our website. Categories of data that we may collect include device IP, device screen resolution, device type, browser type, operating system, geographic location, preferred language, mouse events, key presses, pages visited and dates and times of website visits. You can prevent analytics services’ cookies from being stored on your computer by setting your browser software. Please refer to the procedure set out in the Privacy Statement. If you have any difficulties following this link or you get an error message if you click on this link, please contact us at support@kobliat.com for assistance.
The following information of employees may be processed:
- name
- address
- phone numbers
- e-mail address
- date of birth
- employment history and references
- banking, tax and financial details
- demographic information
- next of kin
- details of payments to third parties (deductions from salary)
- other reasonable information required for HR purposes
9. Planned recipients of personal information
The categories of recipients to whom personal information will be supplied are as follows:
- Employees and others. We may share your personal information with selected employees, subcontractors, agents and subsidiaries as well as certain trusted third-party service providers who assist us in providing the services to you. Such parties will use your personal information only for the purposes that we have authorised.
- Third parties. We may share your personal information with a third party in the following instances: if we are required to do so by law; if we need to comply with a legal process or governmental request; if it is necessary for investigating suspected illegal activities; in connection with a transfer or sale of our business; and/or if it is necessary to protect and defend the rights and/or property or safety of our business or of a third party.
- RICA. In terms of the Regulation of Interception of Communications Act (RICA), 70 of 2002, as amended, the Company or any other competent authority may intercept your use of and communication on our website or with us, and you agree to this.
10. Cross-border flow of personal information
In order to provide our products and services to you, we may need to process your personal information outside the borders of South Africa (for example, store information electronically, make use of third-party service providers and an international exchange partner). When processing of personal information is carried out in other countries, we will take appropriate steps to ensure the provision of the same or a better level of protection of your personal information as that which is required in terms of South African law.
11. Security measures in place to protect personal information
Security measures include:
- Access control (e.g. access to server rooms only with key or chip card, office rooms secured with alarm, cameras, security guards, firewalls, BYOD controls)
- Data integrity (e.g. user authorisations are restricted to specific tasks)
- Data encryption (e.g. cloud solution with encryption)
- Transmission control (e.g. using SSL certificate for websites)
- Confidentiality enforcement (e.g. password policies, non-disclosure agreements)
- Recoverability support (e.g. backups that are regularly checked for successful recovery)
- Training (e.g. privacy awareness training, information security training)
Keeping secure all the personal information associated with you is of the utmost importance to us. While we exercise great care in providing secure transmission of your personal information, no data transmission over the Internet can be guaranteed to be 100% secure. Thus, although we cannot guarantee the security of any information you transmit to or from our website, we will take all reasonable measures to ensure that the information you transmit to us using our website will remain confidential and protected from unauthorised access.
12. Other information (section 51(1)(f) of the Act)
To date, the Minister of Justice and Constitutional Development has not published any regulations in terms of section 51(1)(f) of the Act.
13. How to request access to records
When a record is requested, the following will apply:
- Fees may be payable (see 15 below). These fees are prescribed by law, and can change from time to time.
- Complete the request form attached to this document. A copy of the request form can also be obtained from the website of the SAHRC (www.sahrc.org.za) or the Department of Justice (www.justice.gov.za).
- Provide all details on the request form, including the right the requester wants to be able to protect by possessing the requested information.
- If the requester is acting on behalf of someone else, the signature of the other person is required.
- Requesters must state in which form (e.g. inspection of copy, paper copy, electronic copy, transcript) they want to access the information.
- If a record is part of another record, requesters will be granted access only to the part(s) that pertain(s) to the information they want or are entitled to and not to the rest of the record.
- All requests will be evaluated against the provisions of the Act. The Act allows the Information Officer to refuse access to information on grounds stipulated in the Act. For example, a person cannot access another person’s confidential information or the trade or commercial secrets of a business.
- A request for information must be answered within 30 days of the request. If the request is not granted and the requester is not satisfied, the requester can approach the courts within 30 days.
14. Grounds for the refusal of access to records
Please note that the Act stipulates the following grounds for refusing requests for information:
- Mandatory protection of the privacy of a third party who is a natural person (section 63)
- Mandatory protection of commercial information of a third party (section 64)
- Mandatory protection of specific confidential information of a third party (section 65)
- Mandatory protection of safety of individuals and protection of property (section 66)
- Mandatory protection of records privileged from production in legal proceedings (section 67)
- Commercial information of a private body (section 68)
- Mandatory protection of research information of the third party and the private body (section 69.
Despite the grounds of refusal given above, the head of a private body must grant a request for access to a record where such record is in the public interest. In this regard please refer to section 70 of the Act.
15. Access to records
16. Remedies available should the organisation refuse a request
A requester who is dissatisfied with the decision of the Company in relation to a request to access to a record in terms of this Manual, which was denied, must –
a) first lodge an internal appeal by following these procedures:
Should the internal appeal process be unsuccessful, and the requester is still unsatisfied, then –
b) within 30 (thirty) days after the internal appeal’s decision apply to the High Court, or any other Court having jurisdiction, for relief.
17. Fees in respect of records requested
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.
The fees for reproduction referred to in regulation 11(1) are as follows:
| 1. | Access fees for reproduction | |
| 1.1 | For every photocopy of an A4-size page or part thereof | R1,10 |
| 1.2 | For every photocopy of an A4-size page or part thereof held on computer or in electronic or machine-readable form | R0,75 |
| 1.3 | For a copy in a computer-readable form on stiffy disc | R7,50 |
| 1.4 | For a copy in a computer-readable form on compact disc | R70,00 |
| 1.5 | For a transcription of visual images, for an A4-size page or part thereof | R40,00 |
| 1.6 | For a copy of visual images | R60,00 |
| 1.7 | For a transcription of an audio record, for an A4-size page or part thereof | R20,00 |
| 1.8 | For a copy of an audio record | R30,00 |
| 2. | Request fee | |
| 2.1 | Request fee payable by a requester, other than a personal requester, referred to in regulation 11(2) | R50,00 |
| 3. | Access fee payable by a requester referred to in regulation 11(3) | |
| 3.1 | The time reasonably required to search for the record for disclosure and preparation | R30,00/hr or part thereof |
| 4. | Deposit | |
| 4.1 | One-third of the access fee is payable as a deposit by a requester. | |
| 4.2 | Six hours is the time to be exceeded before a deposit is payable. | |
| 5. | Postal fee | |
| 5.1 | When a copy of a record must be posted to the requester the actual postage is payable. |
Form C
Request for access to record of private body
(Section 53(1) of the Promotion of Access to Information Act, 2000 (Act 2 of 2000))
[Regulation 10]
