LEGISLATION

Both the PAIA (Promotion of Access to Information Act, No. 2 of 2000) and POPIA (Protection of Personal Information Act 4 of 2013) give effect to everyone’s constitutional right of access to information held by private sector or public bodies, if such record or personal information is required for the exercise or protection of any rights.

Both PAIA and POPIA recognize that the right to access to information cannot be unlimited and should be subject to justifiable limitations, including, but not limited to:

• limitations aimed at the reasonable protection of privacy;
• commercial confidentiality; and
• effective, efficient and good governance.
  
  

In terms of POPIA, Data Subjects (the person/entity Altiven is collecting information from) have the rights to:

• object to the use of personal information;
• notification if information is being used for something other than what was consented for;
• establishing whether the responsible party holds information;
• request that information can be corrected, destroyed or deleted;
• refuse processing for direct marketing by unsolicited electronic communications;
• lodge a complaint with the Information Regulator; and
• institute civil proceedings.

PURPOSE OF THE MANUAL

This Manual, prepared in reference to Section 51 of PAIA:

• Provides a description of who we process personal information from;
• provides a high-level description of your personal information processed by Altiven;
• explains how to submit a request for access, correction and deletion of personal identifiable information, and other procedural requirements which a request must meet as prescribed by PAIA and POPIA, and
• provides remedial steps in the case where a request for information has been denied.

MANUAL AVAILABILITY

This manual is made available in terms of Regulation Number R. 187 of 15 February 2002, and can be obtained via the following channels:

• Altiven’s Head Office
• Altiven’s website (www.altiven.co.za)

AVAILABILITY OF PAIA & POPIA GUIDES AND LEGISLATION

The South African Human Rights Commission has compiled the guide contemplated in Section 10 of PAIA which contains such information as may reasonably be required by a person who wishes to exercise any right contemplated in the Act.

Copies of the PAIA and POPIA Acts, the POPIA Regulations and guides to the Acts, can be obtained from the SAHRC or the Information Regulator via the following details:

South African Human Rights Commission

• Head Office: Braampark, Forum 3, 33 Hoofd Street, Braamfontein, Johannesburg, 2001
• Phone: +27 11 877 3600
• Fax: +27 11 484 7146/7
• Email: info@sahrc.org.za
• Website: sahrc.org.za

The Information Regulator (South Africa)

• Head Office: JD House, 27 Siemens Street, Braamfontein, Johannesburg, 2001
• Phone: +27 10 023 5200
• Email: inforeg@justice.gov.za
• Website: justice.gov.za

WHO WE PROCESS PERSONAL INFORMATION FROM

Personal information privacy principles relating to the processing thereof (including, but not limited to the collection, handling, transfer, sharing, correction, storage, archiving and deletion) will be applied to any personal information processed by Altiven.

Altiven collects and processes Personal Identifiable Information from:

• Employees- for the purpose of registration and staff management, benefits management, etc.;
• Suppliers and third-party services providers- for the purpose of fulfilment of Service Level Agreements; and
• Altiven Online registered customers- for accounting, logistics and warranty purposes.

DESCRIPTION OF PERSONAL INFORMATION PROCESSED

Altiven will process the following personal information in order to fulfil its operation requirements:

• Name and Surname;
• South African Identification number;
• Contact details such as Telephone number and Email;
• Physical Address to be used for delivery; and
• Bank details in order to fulfil payment (PCI Compliant 3rd Part only).

SHARING OF YOUR PERSONAL INFORMATION

Altiven may share personal information of data subjects for any of the purposes outlined above, with the following parties:

• selected business partners; as well as
• service providers and agents who perform services on behalf of Altiven.

Altiven will not share the personal information of data subjects with any third parties, except if Altiven is:

• obliged to provide such information for legal or regulatory purposes;
• required to do so for purposes of existing or future legal proceedings,
• involved in the prevention of fraud, loss, bribery or corruption;
• required to perform services and process personal information on Altiven’s behalf;
• required to provide or manage any information and/or services to data subjects; or
• to assist in improving the quality of Altiven services.

Altiven will notify data subjects if the company is obliged by law, or in terms of its contractual relationship with its data subjects.

Altiven will only disclose personal information to government authorities if the company is required to do so by law.

Altiven’s employees, agencies and suppliers are required to adhere to data privacy and confidentiality principles and to attend data privacy training.

INFORMATION SECURITY MEASURES TO PROTECT PERSONAL INFORMATION

Altiven has implemented reasonable technical and organizational security measures to protect the personal information held against unauthorized access, as well as accidental or wilful manipulation, loss or destruction.

Altiven will take steps to ensure that Parties who process personal information on behalf of Altiven will apply adequate safeguards.

PERSONAL INFORMATION SHARED WITH THIRD PARTIES

Altiven will not accept personal information from a third party on behalf of a data subject, unless the provider furnishes written consent from the data subject that they are aware of the contents of this Manual and Altiven’s Privacy Policy, and that the data subject does not object to our processing their information in accordance with this policy.

REQUEST FOR INFORMATION: PROCEDURAL REQUIREMENTS

A requester must be given access to any Altiven record if:

• That record is required for the exercise or protection of any rights (e.g.: update, expungement of personal details, etc.);
• The requester complies with the procedural requirements within this Manual relating to a request for access to that record; and
• Access to that record is not refused on any ground as set out below.

The following procedural requirements serve as guidelines for requestors:

• The requester must comply with all the procedural requirements contained in the PAIA relating to the request for access to a record.
• The requester must complete the prescribed forms and submit same as well as payment of a request fee and a deposit, if applicable, to the Office Manager at the postal or physical address, or electronic mail address as stated on altiven.co.za
• The prescribed form must be completed with enough particularity to at least enable the Office Manager to:
• Identify the record or records requested,
• Confirm the identity of the requester,
• Which form of access is required, if the request is granted,
• The postal address or electronic mail address of the requester.
• The requester must state the nature of the right for which access to the requested records is required. The courts have indicated that access to the records must be “necessary” for the exercise or protection of the right so stated.
• Subject to the PAIA provisions in respect of extensions, Altiven will take reasonable steps to process the request within 30 days, unless where it is not reasonably possible to do so. In such an event, the Office Manager will advise the requester as to the circumstances preventing compliance with the aforesaid time period.
• The requester shall be informed in writing whether access has been granted or denied. If, in addition, the requester requires the reasons for the decision in any other manner, he must state the manner so required.
• 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 reasonable satisfaction of the Office Manager.
• If an individual is unable to complete the prescribed form because of illiteracy or disability, such a person may make the request orally and submit the necessary proof of identity with such a request.
• The requester must pay the prescribed fee, before any further processing can take place.

GROUNDS FOR REFUSAL

Altiven has the right to refuse requests for information that involve an unreasonable diversion of resources.

The other main grounds on which Altiven has the right in terms of POPIA to refuse a request for information are the mandatory protection of:

• the privacy of a third party, who is a natural person, which would involve the unreasonable disclosure of Personal Identifiable Information of that natural person;
• the commercial information of a third party, if the record contains trade secrets, financial commercial, scientific or technical information which disclosure could likely cause harm to the financial or commercial interests of that third party;
• information disclosed in confidence by a third party to Altiven if the disclosure could put that third party at a disadvantage in negotiations or commercial competition;
• confidential information of third parties if it is protected in terms of any agreement;
• the safety of individuals and the protection of property and the operations of Altiven;
• records which would be regarded as privileged in legal proceedings;
• the commercial activities of Altiven which may include trade secrets, financial, commercial, scientific or technical information which disclosure could likely cause harm to the financial or commercial interests of Altiven;
• information which, if disclosed, could put Altiven at a disadvantage in negotiations or commercial competition;
• computer software that is owned by Altiven;
• The research information of Altiven or a third party if disclosure would disclose the identity of Altiven, the researcher or the subject matter of the research and would place the research at a serious disadvantage.

REMEDIES AVAILABLE WHERE A REQUEST HAS BEEN DENIED

Altiven does not have internal appeal procedures. As such, the decision made by the Office Manager is final.  Where the requestor is not satisfied with the answer provided, the requester may, subject to the provisions of POPIA may within 180 days of notification of the decision, apply to a Court or to the Information Regulator for relief.

Notice of Appeal, Form B, in terms of Section 75 (Regulation 8) of the PAIA can be located at the website of the Information Regulator www.justice.gov.za/inforeg​