NB Cycles Pinelands – we fix, sell and ride bicycles.
NB CYCLES MANUAL in terms of Section 51 of The Promotion of Access to Information Act 2/2000 (the “ACT”)
INSTRUCTION Established in 2017, NB Cycles offers a range of products and services to cyclists. NB Cycles offer retail of bicycle parts, new and second hand. NB Cycles also provide servicing of bicycle and parts. This manual outlines the implementation of PAIA (and aspects of POPIA) at NB Cycles and lists the primary records held by the company which can be accessed in accordance with the provisions of law. It further sets out how people can access information in terms of POPI.
COMPANY CONTACT DETAILS The owner of NB Cycles, as head of the private body, has delegated his powers to the business partner, as Information Officer, whose details appear hereunder for purposes of dealing with all matters in connection with Requests for information on NB Cycles’s behalf, and to ensure compliance with the PAIA statute. 2.1. Designated/duly authorised persons: Owner Neil Buckland Information Officer: Partner Tracy Buckland 2.2. Contact Details: Postal Address: 8 Millside Park, Morningside Road, Pinelands, Cape Town 7405 Street Address: 8 Millside Park, Morningside Road, Pinelands, Cape Town 7405 Telephone Number: 021 531 2221 Email: hello@nbcycles. co.za
DESCRIPTION OF GUIDE REFERRED TO IN SECTION 10 The SAHRC has compiled a guide, as required by Section 10 of the Act, containing such information as may reasonably be required by a person who wishes to exercise any right contemplated in this Act. It is available in all of the official languages. The Guide is available for inspection, inter alia, at the office of the offices of the Human Rights Commission at 29 Princess of Wales Terrace, corner York and St. Andrews Street, Parktown, Johannesburg, Gauteng and at http://www.sahrc.org.za For further information please contact the SAHRC: E-mail: PAIA@sahrc.org.za Postal address: Private Bag 2700, Houghton, 2041 Telephone: +27 11 484 8300 Fax: +27 11 484 0582 Click here to view or download the guide.
THE ACT 4.1. The PAIA statute grants a requester access to records of a private body, if the record is required for the exercise or protection of appropriate legal rights. If a public body lodges a request, the public body must be acting in the public interest. 4.2. Requests in terms hereof shall be made in accordance with the prescribed procedures, and where applicable at the rates provided. The forms and tariffs are dealt with in paragraphs 6 and 7 of the Act. 4.3. 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: Private Bag 2700, Houghton, 2041 Telephone Number: +27-11-877 3600 Fax Number: +27-11-403 0625 Website: http://www.sahrc.org.za
RECORDS AUTOMATICALLY AVAILABLE 5.1. The following Records are automatically available without a person having to request access in terms of the Act: 5.1.1. The web page http://www.nbcycles.co.za is accessible to anyone who has access to the Internet. NB Cycles’s website hosts the following categories of information: • Products and Services • Media reports and releases • Travel 5.1.2. Product and promotional brochures/pamphlets 5.1.3. News and marketing information 5.1.4. Other literature intended for public viewing. 5.1.5. The Privacy centre/portal that provides guidelines to requesters and data subjects on the processes to be followed in addressing rights in respect of the protection of personal information as well as access to information held by the organisation.
APPLICABLE LEGISLATION LEGISLATION Companies Act No 71 of 2008 Value-Added Tax Act No 89 of 1991 Income Tax Act No 58 of 1962 King IV Code Short-term Insurance Act 53 of 1998 Competition Act No 89 of 1998 IFRS and various other codes and legislation (auditing) Regulations for the Retention and Preservation of Company Records, 1983 Promotion of Access to Information Act No 2 of 2000 Protection of Personal Information Act No 4 of 2013 Financial Sector Regulation Act 2017 National Credit Act 34 of 2005 Customs and Excise Act 91 of 1964 Trademarks Act No 194 of 1993 Electronic Communications & Transactions Act 25 of 2002 Electronic Communications Act 36 of 2002 National Road Traffic Act 1996 Financial Advisory and Intermediary Act 2002 Administration of Road Traffic Offences Act No 46 of 1998 (AARTO) Prescribed Rate of Interest Act No 55 of 1975 Business Names Act 27 of 1960 Local Government Municipal Property Rates Act 6 of 2004 Copyright Act 98 of 1978 Financial Intelligence Centre Act 38 of 2001 Public Holidays Act 36 of 1994 Land Survey Act 8 of 1997 Deeds Registries Act 47 of 1937 Copyright Act 98 of 1978 National Environmental Management Act 107 – 1998 Prescription Act 68 of 1969 S A National Roads Agency Act 7 of 1998 Arbitration Act, 1965 (Act 42 of 1965) Broad Based Black Economic Empowerment Act 53 of 2003 Consumer Protection Act 68 of 2008 Employment Equity Act No 55 of 1998 Labour Relations Act No 66 of 1995 Constitution of South Africa Act No 108 of 1996 BBBEE Codes of Good Practice Basic Conditions of Employment Act No 75 of 1997 Promotion of Equality and Prevention of Unfair Discriminations Act 4 of 2000 Human Rights Commission Act, 1994 (Act 54 of 1994) South African Human Rights Commission Act, 2013 (Act 40 of 2013) Skills Development Levy Act No 9 of 1999 Skills Development Act No 97 of 1998 Unemployment Insurance Act No 63 of 2001 Unemployment Insurance Contributions Act 4 of 2002 Occupational Health and Safety Act No 85 of 1993 Compensation for Occupational Injuries and Diseases Act 130 of 1993 Prevention and Combating of Corrupt Activities Act 12 of 2004 Regulation of Interception of Communications and Provision of Communication Related and Information Act 70 of 2002 Hazardous Substances Act 15 of 1973 (ERS) Consumer Affairs (Unfair Business Practices) Amendment Act No 21 of 2001. Protected Disclosures Act No 26 of 2000 National Environment Management Act 107 of 1998 National Environmental Management Waste Act 59 of 2008
SCHEDULE OF RECORDS General information about NB Cycles can be accessed via the internet on http://www.nbcycles.co.za which is available to all persons who have access to the internet. The subjects on which the private body holds records and the categories on each subject in terms of Section 51(1)(e) are as listed below. Please note that a requester is not automatically allowed access to these records and that access to them may be refused in accordance with Sections 62 to 69 of the Act: RECORDS SUBJECT Compliance BBBEE compliance Internal auditing and risk Legislative compliance Regulatory reports Policies and procedures Membership with industry bodies Corporate Governance Annual reports Board and Sub-Committee Administration Company Directorships Company Registrations Strategic Management Financial Audit management Financial Statements Budgets Creditors control Debtors control Insurance Management accounts Financial and Tax Records Asset Register Marketing Marketing and promotions Market research and surveys Product Brochures Member Handbook Sales Records Marketing strategies Customer Database Brand licencing Agreements Social Media activity Public Affairs Media statements NCAP Reports Road safety projects Research and Development projects Affiliations Donations/funding received Operations Vendor/supplier Database Call Records Membership of industry bodies and associations Human Resources Employee database Disciplinary action Job profiles Performance management Staff benefits and incentives Training and skills development SETA/other accreditation IT Information systems Network security Software licences Technology assets Disaster Recovery Procurement Contracts/Agreements Compliance documentation of service providers Procurement proposals and tenders Service provider records Service Level Agreements Property Management Building management Preventative and reactive maintenance Safety Audits Surveillance records
PURPOSE OF PROCESSING OF PERSONAL INFORMATION NB Cycles processes personal information: • To support engagement with the media • To support engagement with service providers • To support engagement with members, customers and the general public • To support engagement with industry bodies • To support recruitment and management of staff • To support relationships with statutory and other authorities • To support sales and marketing activities
DATA SUBJECTS CATEGORIES AND THEIR PERSONAL INFORMATION The following data subjects, and personal information processed, have been identified by the organisation: • Employees: record of employee life cycle • Funders and donors • Members • General public: tracking general enquiries and web site visits • Media: records of media interactions • Service providers: record of service provider life cycle • Statutory and other authorities: contact details
PLANNED RECIPIENTS OF PERSONAL INFORMATION • Employee Provident Fund • Employee Benefits providers (Wellness, tax assist etc.) • Medical Schemes • Recruitment Agencies • Telecommunication providers • Financial institutions • Funders and donors • Industry bodies • Operators (service providers) • Statutory authorities • Media
PLANNED TRANS-BORDER FLOWS OF PERSONAL INFORMATION • Flows to operators (service providers) • Flows to donors and funders. • Flows through the use of social media.
SECURITY MEASURES TO PROTECT PERSONAL INFORMATION • Physical security measures • Access controls • Home and mobile measures • Internal security measures • Cyber security measures • Anti-spam measures • Anti-virus measures • Firewalls • Password control • Training in information security and other POPI requirements • Selective training of key staff • Policies for information security • Comprehensive coverage of all IT-related issues • Audits of information security • Provisions around security in all provider contracts/agreements
FORM OF REQUEST 13.1. The requester must complete Form C and submit this form together with a request fee, to the person delegated to deal with requests (for “the Information Officer”). 13.2. The form must be submitted using any of the methods noted below: NB Cycles 8 Millside Park, Morningside Road, Pinelands, Cape Town 7405 South Africa, Physical Address: NB Cycles 8 Millside Park, Morningside Road, Pinelands, Cape Town 7405 South Africa Tel. No +27-021-531-2221. E-mail address of the delegated Information Officer: firstname.lastname@example.org 13.3. The requester must provide sufficient detail on the request form to enable the designated head to identify the record and the requester: • The requester should indicate which form of access is required. • The requester should indicate if any other manner is to be used to inform the requester and state the necessary particulars to be so informed. • The requester must identify the right that is sought to be exercised or to be protected and 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 then submit proof of the capacity in which the requester is making the request to the satisfaction of the designated head of the private body. • A requester who seeks access to a record containing personal information about that requester is not required to pay the request fee. • Every other requester, who is not a personal requester, must pay the required request fee. • The Information Officer must notify the requester (other than a personal requester) by notice, requiring the requester to pay the prescribed fee (if any) before further processing the request. • The fee that the requester must pay to a private body is currently R50,00. The requester may lodge an application to the court against the tender or payment of the request fees. • After the Information Officer has made a decision on the request, the requester must be notified in the required form. • If the request is granted then a further access fee must be paid for the search, reproduction, preparation and for any time that has exceeded the prescribed hours to search and prepare the record for disclosure. 13.4. NB Cycles has the right to reject any request for information submitted in terms of Sections 62 to 70 of Chapter 4 of the PAIA Act.
AVAILABILITY OF THE MANUAL 14.1. This manual is available for inspection at the shop premises of NB Cycles, free of charge or from the SAHRC. Signature omitted for security reasons, signed copy available on request. Information Officer of NB Cycles: Tracy Buckland. Signed copy available on request. Date: 25 June 2021 Next revision date of this document: 1 June 2022
FEES IN RESPECT OF PRIVATE BODIES 15.1. The following is a breakdown if the fees structure for the purposes of determining the manner in which fees relating to a request for access to a record of a private body are to be calculated: 15.1.1. Part III of Regulation 187 published in the Government Gazette on the 15 February 2002: • 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: (a) For every photocopy of an A4-size page or part thereof R1,10 (b) For every printed copy of an A4-size page or part thereof held on a computer or in electronic or machine-readable form R0,75 (c) For a copy in a computer-readable form on USB R 70,00 (d) (i) For a transcription of visual images, for an A4-size page or part thereof R 40,00, (ii) For a copy of visual images R 60,00 (e) (i) For a transcription of an audio record, for an A4-size page or part thereof R 20,00; (ii) For a copy of an audio record R 30,00 15.1.2. The request fee payable by a requester, other than a personal requester, referred to in Regulation 11(2) is R50,00. 15.1.3. The access fees payable by a requester referred to in Regulation 11(3) are as follows: a) For every photocopy of an A4-size page or part thereof R 1,10; b) For every printed copy of an A4-size page or part; thereof held on a computer or in electronic or machine-readable form R 0,75; c) For a copy in a computer-readable form on USB R 70,00 d) (i) For a transcription of visual images, for an A4-size page or part thereof R 40,00; (ii) For a copy of visual images R 60,00 e) (i) For a transcription of an audio record, for an A4-size page or part thereof R 20,00; (ii) For a copy of an audio record R 30,00 f) To search for and prepare the record for disclosure, R 30,00; for each hour or part of an hour reasonably required for such search and preparation. 15.1.4. For purposes of section 54(2) of the Act, the following applies: • Six hours as the hours to be exceeded before a deposit is payable • One third of the access fee is payable as a deposit by the requester. 15.1.5. The actual postage is payable when a copy of a record must be posted to a requester. Note: This manual is based on “EXAMPLE OF A MANUAL FOR A PRIVATE BODY” issued by the South African Human Rights Commission, amended to meet the needs of NB Cycles, with further additions to enhance its usefulness and comply with the Protection of Personal Information Act, No. 4 of 2013