PAIA MANUAL
Prepared in terms of section 51 of the Promotion of Access to Information Act 2 of 2000 (as amended)
DATE OF COMPILATION: 01/01/2022
DATE OF REVISION: 01/01/2022
1. LIST OF ACRONYMS AND ABBREVIATIONS
1.1 “CEO” Chief Executive Officer
1.2 “DIO” Deputy Information Officer;
1.3 “IO“ Information Officer;
1.4 “Minister” Minister of Justice and Correctional Services;
1.5 “PAIA” Promotion of Access to Information Act No. 2 of 2000( as
Amended;
1.6 “POPIA” Protection of Personal Information Act No.4 of 2013;
1.7 “Regulator” Information Regulator; and
1.8 “Republic” Republic of South Africa
2. PURPOSE OF PAIA MANUAL
This PAIA Manual is useful for the public to-
2.1 check the categories of records held by a body which are available without a person having to submit a formal PAIA request;
2.2 have a sufficient understanding of how to make a request for access to a record of the body, by providing a description of the subjects on which the body holds records and the categories of records held on each subject;
2.3 know the description of the records of the body which are available in accordance with any other legislation;
2.4 access all the relevant contact details of the Information Officer and Deputy Information Officer who will assist the public with the records they intend to access;
2.5 know the description of the guide on how to use PAIA, as updated by the Regulator and how to obtain access to it;
2.6 know if the body will process personal information, the purpose of processing of personal information and the description of the categories of data subjects and of the information or categories of information relating thereto;
2.7 know the description of the categories of data subjects and of the information or categories of information relating thereto;
2.8 know the recipients or categories of recipients to whom the personal information may be supplied;
2.9 know if the body has planned to transfer or process personal information outside the Republic of South Africa and the recipients or categories of recipients to whom the personal information may be supplied; and
2.10 know whether the body has appropriate security measures to ensure the confidentiality, integrity and availability of the personal information which is to be processed.
3. KEY CONTACT DETAILS FOR ACCESS TO INFORMATION OF PRIMAQ GLOBAL
3.1. Chief Information Officer
Name: Danie Badenhorst
Tel: 072 591 6860
Email: danie@primaqglobal.com
3.2. Deputy Information Officer
Name: Barry Avery
Tel: 021 887 5448
Email: barry@primaqglobal.com
3.3 Access to information general contacts
Email: info@primaqglobal.com
3.4 National or Head Office
Postal Address: PO Box 7382
Stellenbosch
7599
Physical Address: Unit 110, 2nd Floor
Bosman’s Crossing Square
Distillery Road
Stellenbosch
Telephone: 087 820 7061
Email: info@primaqglobal.com
Website: www.primaqglobal.com
4. GUIDE ON HOW TO USE PAIA AND HOW TO OBTAIN ACCESS TO THE GUIDE
4.1. The Regulator has, in terms of section 10(1) of PAIA, as amended, updated and made available the revised Guideon 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.
4.2. The Guide is available in each of the official languages and in braille.
4.3. The aforesaid Guide contains the description of-
4.3.1. the objects of PAIA and POPIA;
4.3.2. the postal and street address, phone and fax number and, if available, electronic mail address of-
4.3.2.1. the Information Officer of every public body, and
4.3.2.2. every Deputy Information Officer of every public and private body designated in terms of section 17(1) of PAIA[1] and section 56 of POPIA[2];
4.3.3. the manner and form of a request for-
4.3.3.1. access to a record of a public body contemplated in section 11[3]; and
4.3.3.2. access to a record of a private body contemplated in section 50[4];
4.3.4. the assistance available from the IO of a public body in terms of PAIA and POPIA;
4.3.5. the assistance available from the Regulator in terms of PAIA and POPIA;
4.3.6. 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-
4.3.6.1. an internal appeal;
4.3.6.2. a complaint to the Regulator; and
4.3.6.3. 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;
4.3.7. the provisions of sections 14[5] and 51[6] requiring a public body and private body, respectively, to compile a manual, and how to obtain access to a manual;
4.3.8. the provisions of sections 15[7] and 52[8] providing for the voluntary disclosure of categories of records by a public body and private body, respectively;
4.3.9. the notices issued in terms of sections 22[9] and 54[10] regarding fees to be paid in relation to requests for access; and
4.3.10. the regulations made in terms of section 92[11].
4.4. 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.
4.5. The Guide can also be obtained-
4.5.1. upon request to the Information Officer;
4.5.2. from the website of the Regulator (https://www.justice.gov.za/inforeg/).
4.6 A copy of the Guide is also available in the following two official languages, for public inspection during normal office hours-
4.6.1 English and Afrikaans
5. CATEGORIES OF RECORDS OF PRIMAQ GLOBAL WHICH ARE AVAILABLE WITHOUT A PERSON HAVING TO REQUEST ACCESS
The records of the Company which are available without a person having to request access include:
- Advertising pamphlets and brochures;
- Newsletters;
- Statutory Notices;
- FAIS License;
- Conflict of Interest Policy;
- Access to Information Manual; and
- Complaints Resolution Policy;
6. DESCRIPTION OF THE RECORDS OF PRIMAQ GLOBALWHICH ARE AVAILABLE IN ACCORDANCE WITH ANY OTHER LEGISLATION
All records kept and/or information processed in terms of relevant legislation are available in accordance with said legislation and applies, but is not limited, to the following:
- Companies Act 71 of 2008
- Financial Advisory and Intermediary Services Act 37 of 2002
- Financial Intelligence Centre Act 38 of 2001
- Protection of Personal Information Act 4 of 2013
7. DESCRIPTION OF THE SUBJECTS ON WHICH THE BODY HOLDS RECORDS AND CATEGORIES OF RECORDS HELD ON EACH SUBJECT BY PRIMAQ GLOBAL
The Categories of subjects that the Company holds records of and the type of records
that the Company holds in respect of these subjects may include, but is not limited to:
|
Subjects on which the body holds records |
Categories of records |
|
Strategic Documents, Plans, Proposals |
Annual Reports, Strategic Plan, Annual Performance Plan. |
|
Customer-related documents |
Records pertaining to customers / clients, Records pertaining to transactions. |
|
Financial records |
Annual and interim reports, Management reports, Income tax returns and assessments, Invoices, Receipts, Brokerage notes on transactions in listed shares. |
|
Products and services |
Asset Management Funds, Collective Investment Schemes, Investment Products, Structured Products, Stockbroking, Mandates and application forms, Performance histories |
|
Other parties |
Contractors, Suppliers, Auditors, Attorneys, Administrators, Related companies. |
|
Human Resources |
Personal staff records, Salary records, Conditions of employment and other personnel-related contractual and quasi-legal records, UIF records, Tax records, Leave records, Training schedules and material. |
8. PROCESSING OF PERSONAL INFORMATION
8.1 Purpose of Processing Personal Information
PrimaQ Global processes the personal information of its clients only for the purposes for which said information was collected and as agreed, for example:
- to provide our products or services to our clients;
- to execute transactions for and on behalf of our clients;
- to maintain and nurture our client relationships;
- to confirm and verify our client’s identity or to verify that our clients are
authorized users for security purposes, as the case may be;
- for the detection and prevention of fraud, crime, money laundering or other
malpractice;
- to liaise with third parties to offer services to our clients that form part of the
products our clients have with us; and
- in connection with legal proceedings.
8.2 Description of the categories of Data Subjects and of the information or categories of information relating thereto
The Categories of Data Subjects on which the Company holds records and the type of records held on each Data Subject by the Company may include, but is not limited to:
|
Categories of Data Subjects |
Personal Information that may be processed |
|
Customers / Clients |
name, address, registration numbers or identity numbers, employment status and bank details |
|
Service Providers |
names, registration number, vat numbers, address, trade secrets and bank details |
|
Employees |
address, qualifications, gender and race |
8.3 The recipients or categories of recipients to whom the personal information may be supplied
|
Category of personal information |
Recipients or Categories of Recipients to whom the personal information may be supplied
|
|
Identity number and names, for criminal checks |
South African Police Services |
|
Qualifications, for qualification verifications |
South African Qualifications Authority
|
|
Identity number, registration number, name, transaction details |
Financial Intelligence Centre |
8.4 Planned transborder flows of personal information
The transfer of personal information from the Republic to foreign countries is
prohibited unless:
- the person receiving the information is subject to a law, binding corporate rules
and/or binding agreement that provides an adequate level of protection that
effectively upholds principles for reasonable processing of the information that
are substantially similar to the conditions for the lawful processing of personal
information relating to a Data Subject who is a natural person and, where
applicable, a juristic person and includes provisions, that are substantially similar
to the provisions of POPIA, relating to the further transfer of personal
information from the recipient to third parties who are in a foreign country;
- the Data Subject has agreed to the transfer of information; or
such transfer is necessary for the performance of a contract between the Data
Subject and the responsible party, or for the implementation of pre-contractual
measures taken in response to the Data Subject’s request;
- such transfer is necessary for the conclusion or performance of a contract
concluded in the interest of the Data Subject between the responsible party and
a third party; or
- transfer is for the benefit of the Data Subject and it is not reasonably practicable
to obtain their consent and that such consent, if it were reasonably practicable
to obtain same, would be likely to have been given.
8.5 General description of Information Security Measures to be implemented by the responsible party to ensure the confidentiality, integrity and availability of the information
PrimaQ Global has implemented various IT Security initiatives such as, but not limited to:
· Firewall and network endpoint protection;
· Antivirus and Multifactor Authentication;
· Encryption of data at rest (inclusive of backups);
· Disaster Recovery and Business Continuity Management; and
· Driven by policy (Information Security Policy)
9.1 A copy of the Manual is available-
9.1.1 on www.primaqglobal.com, if any;
9.1.2 head office of the PrimaQ Global for public inspection during normal business hours;
9.1.3 to any person upon request and upon the payment of a reasonable prescribed fee; and
9.1.4 to the Information Regulator upon request.
9.2 A fee for a copy of the Manual, as contemplated in annexure B of the Regulations,shall be payable per each A4-size photocopy made.
The head of a PrimaQ Global will on a regular basis update this manual.
Issued by
___________________________________________________
Danie Badenhorst
CEO