FIT-ITMENLYN.COM PRIVACY POLICY 

PROMOTION OF ACCESS TO INFORMATION MANUAL
Constate Fitment Centre t/a Fit-it
1997/017627/23
Prepared in terms of the requirements of the
PROMOTION OF ACCESS TO INFORMATION ACT
No. 2 of 2000
Date Compiled: 16 August 2021


1. INTRODUCTION

The Promotion of Access to Information Act 2 of 2000 (“PAIA” or “the Act”) gives effect to the
constitutional right of access to any information held by the state and any information that is
held by another person and that is required for the exercise or protection of any rights. The
Protection of Personal Information Act 2013 has amended the PAIA and also requires from
private bodies to disclose certain information through the relevant organisation’s PAIA Manual.
Specifically, section 51(1) of the Act, read with the Protection of Personal Information Act of
2013, requires a private body to compile a manual that must contain information as specified
and required by both PAIA and POPI. In addition, the PAIA manual must set out the formal
procedure that a person must follow in order to request to view, update or delete personal
information held by the private body.
In this context, a "private body" is defined as any natural person who carries or has carried on
any trade, business or profession, but only in such capacity or any partnership which carries or
has carried on any trade, business or profession or any former or existing juristic person (e.g. any
company, close corporation or business trust).
This organisation falls within the definition of a "private body" and this Manual has been
compiled in accordance with the said provisions and to fulfil the requirements of the Act.
In terms of the Act, where a request for information is made to a body, there is an obligation to
provide the information, except where the Act expressly provides that the information may not
be released. In this context, Section 9 of the Act recognises that access to information can be
limited. In In general the limitations relate to circumstances where such release would pose a
threat to the protection of privacy, commercial confidentiality, and the exercising of efficient
governance.
Accordingly, this manual provides a reference to the records held and the process that needs
to be adopted to access such records..
All requests for access to information (other than information that is available to the public) must
be addressed to the Head of the Business named in section 2 of this Manual.


2. BUSINESS AND CONTACT DETAILS
Name of Business: Constate Fitment Centre t/a Fit-it
Head of Business: Mrs Elizabeth Neethling
Position: Director
Postal Address: PO Box 587, Newlands, Gauteng, 0049
Physical Address: 188 Corobay Ave, Waterkloof Glen, Pretoria, Gauteng, 0001
Phone Number: 012 348 2345
Email Address: admin@fit-itmenlyn.com
Website: https://www.fit-itmenlyn.com/


3. SECTION 51(1) OF THE PROMOTION OF ACCESS TO INFORMATION ACT (THE ACT)
3.1 The Act grants a requester access to records of a private body, if the record is required
for the exercise or protection of any rights. If a public body lodges a request, the public
body must be acting in the public interest.
3.2 Requests in terms of the Act must be made in accordance with the prescribed
procedures, at the rates provided. The forms and tariff are dealt with in regulations 6 and
7 of the Act.
3.3 Requesters are referred to the Guide in terms of Section 10 which has been compiled by
the South African Human Rights Commission, which will contain information for the
purposes of exercising Constitutional Rights. The Guide is available from the SAHRC.
The contact details of the Commission are:
Postal Address:
Telephone Number:
Fax Number:
Website:
Email:
Private Bag 2700, Houghton, 2041
(011) 877 3600
(011) 403 0625
www.sahrc.org.za
lidlamini@sahrc.org.za


4. RECORDS AVAILABLE IN TERMS OF SECTION 52(2) OF THE ACT
Not applicable.


5. RECORDS THAT ARE HELD AT THE OFFICES OF THE BUSINESS
The following is a list of records that are held at the business’s office:
Administration
• Attendance registers
• Correspondence
• Founding Documents
• Licences (categories)
• Shareholder Register
• Statutory Returns
Human Resources
• Conditions of Service
• Employee Records
• Employment Contracts
• Employment Equity Records
• General Correspondence
• Industrial and Labour Relations Records
• Information relating to Health and Safety Regulations
• Pension and Provident Fund Records
• Performance Appraisals
• Personnel Guidelines, Policies and Procedures
• Remuneration Records and Policies
• Skills Requirements
• Statutory Records
• Training Records


Statutory Records:
At present these include records (if any) held in terms of:
• Arbitration Act 42 of 1965
• Basic Conditions of Employment 75 of 1997
• Close Corporations Act 69 of 1984
Operations
• Brochures on Company Information
• Client and Customer Registry
• Contracts
• General Correspondence
• Information relating to Work-In-Progress
• Marketing Records
• Suppliers’ Registry
Finances
• Annual Financial Statements
• Asset Register
• Banking Records
• Budgets
• Contracts
• Financial Transactions
• General Correspondence
• Insurance Information
• Internal Audit Records
• Management Accounts
• Purchase and Order Information
• Employment Equity Act 55 of 1998
• Stock Records
• Tax Records (company and employee)
Information Technology
• IT Policies and Procedures
• User Manuals


Purpose of Processing
• Fulfilling statutory obligations in terms of applicable legislation
• Historical record keeping, research and recording statistics necessary for fulfilling your
business objectives.
• Keeping of accounts and records
• Monitoring, maintaining and managing our contractual obligations to customers,
clients, suppliers, service providers, employees, directors and other third parties
• Obtaining information necessary to provide contractually agreed services to a
customers and clients
• Resolving and tracking complaints
• Staff administration
• Verifying information provided to us
• Companies Act 71 of 2008
• Compensation for Occupational Injuries and Health Diseases Act 130 of 1993
• Consumer Protection Act 68 of 2008
• Debtor Collectors Act 114 of 1998
• Electronic Communications and Transactions Act 25 of 2002
• Income Tax Act 95 of 1967
• Insolvency Act 24 of 1936
• Labour Relations Act 66 of 1995
• Occupational Health & Safety Act 85 of 1993
• Pension Funds Act 24 of 1956
• Protection of Businesses Act 99 of 1978
• Skills Development Levies Act 9 of 1999
• Promotion of Access to Information Act 2 of 2000
• Skills Development Act 97 of 1998
• Second-Hand Goods Act 6 of 2009
• Unemployment Contributions Act 4 of 2002
• Unemployment Insurance Act 63 of 2001
• Value Added Tax Act 89 of 1991


6. PROCESSING OF PERSONAL INFORMATION
Categories of Data Subjects
• Clients and client’s employees, representatives, agents, contractors and service
providers
• Existing and former employees (including contractors, agents, temporary and casual
employees)
• Suppliers and service providers and their respective authorised employees,
representatives, agents, contractors and service providers of such suppliers and service
providers
Categories of Personal Information processed
Natural Persons
• Names
• Physical and postal addresses
• ID number
• Tax related information
• Email address
• Telephone number
Juristic Persons
• Names of contact persons
• Name of Legal Entity
• Registration Number
• Physical and Postal address and contact details
• Tax related information
• Authorised signatories, beneficiaries, ultimate beneficial owners
• BBBEE information
Categories of special information processed
• Offences / alleged offences
• Physical / mental health details


Possible Recipients of Personal Information
• Auditors
• Banks and other financial institutions.
• Claims investigators
• Collection agencies
• Credit reference agencies
• Debt collection and tracing agencies
• Educators and examining bodies
• Employees of the organisation
• Employment and recruitment agencies
• Family, associates and representatives of the person whose personal information is
processed
• Healthcare, social and welfare organisations
• Ombudsman and regulatory authorities
• Regulatory, statutory and government bodies
• Security organisations
• Suppliers, service providers, vendors, agents and representatives of such entities
• Trade unions
Trans-border / cross border flows of personal information
It may be required from time to time need to share personal information of data subjects
with third parties in other countries. Any sharing of personal information of data subjects with
third parties in other countries will be done only if the recipient of the information is subject to
a law, binding corporate rules or binding agreement which provide an adequate level of
protection which 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, as set out in the Protection of Personal Information Act and the data subject
consents to the transfer.
Any such transfer will have to be shown to be necessary for the performance of a contract
between the data subject and the recipient in question, or for the implementation of precontractual
measures taken in response to the data subject’s request.


General Description of Information Security Measures
Up to date technology is employed to ensure the confidentiality, integrity and availability of
the Personal Information under our care.
Measures include:
• Acceptable usage of personal information
• Access control to personal information
• All third parties with whom any contract exists are required to ensure that appropriate
security, privacy and confidentiality obligations are observed.
• Computer and network security including Firewalls, Virus protection software and
update protocols
• Governance and regulatory compliance
• Information security and HR policies including Bring Your Own Device (BYOD) policies
• Internal process to report security breach or anticipated security breach
• Investigating and reacting to security incidents.
• Logical and physical access control
• Monitoring access and usage of private information
• Retention and disposal of information
• Secure communications
• Security in the outsourcing of any activities or functions through appropriate contracts
• Training of staff members
We continuously establish and maintain appropriate, reasonable technical and
organisational measures to ensure that the integrity of the Personal Information which may
be in our possession or under our control, is secure and that such information is protected
against unauthorised or unlawful processing, accidental loss, destruction or damage,
alteration or access by having regard to the requirements set forth in law, in industry practice
and generally accepted information security practices and procedures applicable.


7. INFORMATION REQUEST PROCEDURE
• The requester must use the prescribed form to make the request for access to a record.
The prescribed form is available from the Head of Business named in Section 2 above. The
form is also available from the website of the Department of Justice and Constitutional
Development at www.doj.gov.za
• The request must be made to the Head of Business named in Section 2 above. This request
must be made to the address, fax number or electronic mail address of the business.
• The requester must provide sufficient detail on the request form to enable the Head of
Business to identify the record and the requester. The requester should also indicate which
form of access is required. The requester should also indicate if any other manner should
be used to inform the requester. If this is the case, please furnish the necessary particulars
to be so informed.
• The requester must identify the right that is sought to be exercised or to be protected and
must provide an explanation of why the requested record is required for the exercise or
protection of that right.
• If a request 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 satisfaction of Head of
Business aforesaid.
• The prescribed request fee must be attached.
• We will respond to your request within 30 days of receiving the request by indicating
whether your request for access has been granted or denied.
• Please note that the successful completion and submission of a request for access form
does not automatically allow the requestor access to the requested record.
Access will be granted to a record only if the following criteria are fulfilled:
• The record is required for the exercise or protection of any right; and
• The requestor complies with the procedural requirements set out in the Act relating to a
request; and
• Access to the record is not refused in terms of any ground for refusal as contemplated in
Chapter 4 of Part 3 of the Act.


8. DENIAL OF ACCESS
Access to any record may be refused under certain limited circumstances. These include:
• The protection of personal information from unreasonable disclosure concerning any
natural person;
• The protection of commercial information held concerning any third party (for example
trade secrets);
• The protection of financial, commercial, scientific or technical information that may harm
the commercial or financial interests of any third party;
• Disclosures that would result in a breach of a duty of confidence owed to a third party;
• Disclosures that would jeopardize the safety or life of an individual;
• Disclosures that would prejudice or impair the security of property or means of transport;
• Disclosures that would prejudice or impair the protection of a person in accordance with a
witness protection scheme;
• Disclosures that would prejudice or impair the protection of the safety of the public;
• Disclosures that are privileged from production in legal proceedings unless the privilege
has been waived;
• Disclosures of details of any computer programme;
• Disclosures that will put Constate Fitment Centre t/a Fit-it at a disadvantage in contractual
or other negotiations or prejudice it in commercial competition;
• Disclosures of any record containing any trade secrets, financial, commercial, scientific, or
technical information that would harm the commercial or financial interests of Constate
Fitment Centre t/a Fit-it
• Disclosures of any record containing information about research and development being
carried out or about to be carried out by Constate Fitment Centre t/a Fit-it
If access to a record or any other relevant information is denied, our response will include:
• Adequate reasons for the refusal; and
• Notice that you may lodge an application with the court against the refusal and the
procedure including details of the period for lodging the application.


9. FEES
The applicable fees are prescribed in terms of the Regulations promulgated under the Act.
There are two basic types of fees payable in terms of the Act.
Request Fee
The non-refundable request fee of R 50 (excluding VAT) is payable on submission of any request
for access to any record. This does not apply if the request is for personal records of the
requestor. No fee is payable in such circumstances.
Access Fee
The access fee is payable prior to being permitted access to the records in the required form.
The applicable fees are prescribed in terms of Part III of Annexure A as identified in Government
Notice Number 187, Regulation 11.
10. MANUAL AVAILABILITY
A copy of this Manual may be obtained from the Head of Business referred to in Section 2 hereof
Any transmission costs or postage required in respect of hard copies of the Manual, will be for
the account of the requester.