This manual was prepared in accordance with section 51 of the Promotion of Access to Information Act, 2000 and to address requirements of the Protection of Personal Information Act, 2013.
Registration number: 2023/145265/07
And its subsidiaries
(hereinafter Ad-Ice Marketing)
Date of Compilation: 01 December 2023
Date of Revision: December 2023
- Background to the Promotion of Access to Information Act
- The Promotion of Access to Information Act (PAIA), No. 2 of 2000 (the “Act) was enacted on 3 February 2000 giving effect to the constitutional right, in terms of section 32 of the Bill of Rights contained in the Constitution of the Republic of South Africa 108 of 1996 (the “Constitution”), 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.
- In terms of section 51 of the Act, all Private Bodies are required to compile an Information Manual (“PAIA Manual”).
- Where a request is made in terms of the Act, the body to whom the request is made is obliged to release the information, subject to applicable legislative and / or regulatory requirements, except where the Act expressly provides that the information may be adopted when requesting information from a public or private body.
- Ad-Ice Marketing
- Ad-Ice Marketing is a advertising and marketing agency that values good communication with our clients and the users of our website. The services we run included but are not limited to advertising, lead generation, public relations and media.
- This PAIA Manual of Ad-Ice Marketing is available at its premises: 5 Renee Close, Vosfontein, Cape Town, as well as on its website, https://wwww.ad-ice.co.za
- Purpose of the PAIA Manual
- The purpose of this PAIA manual is to promote the right of access to information, to foster a culture of transparency and accountability within Ad-Ice Marketing by giving the right to information that is required for the exercise or protection of any right and to actively promote a society in which the people of South Africa have effective access to information to enable them to exercise and protect their rights.
- In order to promote effective governance of private bodies, it is necessary to ensure that everyone is empowered and educated to understand their rights in relation to public and private bodies.
- Section 9 of the Act recognises that the right to access 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; and in a manner which balances that right with any other rights, including such rights contained in the Bill of Rights in the Constitution.
- This PAIA Manual complies with the requirements of guide mentioned in section 10 of the Act and recognises that upon commencement of the Protection of Personal Information Act 4 of 2013, that the appointed Information Regulator will be responsible to regulate compliance with the Act and its regulations by private and public bodies.
- Contact Details of the Managing Director [Section 51(1)(a)]
Managing Director: Riaan Grobbelaar
Registered Address: 5 Renee Close, Vosfontein, Cape Town, 7530
Postal Address: As above
Telephone Number: +27 074 2933 576
Website: https://www.ad-ice.co.za/contact-us/
- The Information Officer [Section 51(1)(b)]
- The Act prescribes the appointment of an Information Officer for public bodies where such Information Officer is responsible to, inter alia, assess request for access to information. The head of a private body fulfils such a function in terms 1 of section 51. Ad-Ice Marketing has opted to appoint an Information Officer to assess such a request for access to information as well as to oversee its required functions in terms of the Act.
- The appointed Information Officer also refers to the Information Officer as referred to in the Protection of Personal Information Act 4 of 2013. The Information Officer oversees the functions and responsibilities as required for in terms of both this Act as well as the duties and responsibilities in terms of section 55 of the Protection of Personal Information Act 4 of 2013 after registering with the Information Regulator.
- The Information Officer may appoint, where it is deemed necessary, Deputy Information Officers, as allowed in terms of section 17 of the Act as well as section 56 of the Protection of Personal Information Act 4 of 2013. This is in order to render Ad-Ice Marketing as accessible as reasonable possible for requesters of its records and to ensure fulfilment of its obligations and responsibilities as prescribed in terms of section 55 of the Protection of Personal Information Act 4 of 2013. All requests for information in terms of this Act must be addressed to the Information Officer.
Contact Details of the Information Officer:
Information Officer: Stacey-Lee Grobbelaar
Physical Business Address: 5 Renee Close, Vosfontein, Cape Town, 7530
Telephone Number: +27 79 262 0848
Email: Stacey@ad-ice.co.za
- Guide of SA Human Rights Commission (Section 51(1) (b))
- 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’s interest.
- Requests in terms of the Act shall be made in accordance with the prescribed procedures, at the rates provided. The forms and tariffs are dealt with in paragraphs 6 and 7 of the Act.
- 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:
Contact body: The South African Human Rights Commission
Physical Address: PAIA Unit, 27 Stiemens Street, Braamfontein
Postal Address: Private Bag 2700, Houghton 2041
Telephone Number: +27 11 877 3600
E-Mail: PAIA@sahrc.org.za
Web Site: www.sahrc.org.za
- The Latest Notice in Terms of Section 52(2) (if any) [Section 51(1)(c)]
No notice has been published on the categories of records that are automatically available without a person having to request access in terms of Section 52(2) of PAIA
- Subjects and Categories of Records Available only on Request to Access in Terms of the Act (Section 51(1) (e))
- Records held by Ad-Ice Marketing
- For the purposes of this clause 8.1, “Personnel” refers to any person who works for, or provides services to, or on behalf of Ad-Ice Marketing and receives or is entitled to receive remuneration and any other person who assist in carrying out or conducting the business of Ad-Ice Marketing. This includes, without limitation, directors (executive and non-executive), all permanent, temporary and part-time staff, as well as contract workers.
- This clause serves as a reference to the categories of information that Ad-Ice Marketing holds. The information is classified and grouped according to records relating to the following subjects and categories:
Subject | Category |
Companies Act Records | All trust deeds;
Documents of Incorporation; Index of names of Directors; Memorandum of Incorporation; Minutes of meetings of the Board of Directors; Minutes of meetings of Shareholders; Proxy forms; Register of directors’ shareholdings; Share certificates; Share Register and other statutory registers and/or records and/or documents; Special resolutions/Resolutions passed at General and Class meetings; Records relating to the appointment of: Auditors; Directors; Prescribed Officer. Public Officer; and Secretary |
Financial Records | Accounting Records;
Annual Financial Reports; Annual Financial Statements Asset Registers; Bank Statements; Banking details and bank accounts Banking Records; Debtors / Creditors statements and invoices; General ledgers and subsidiary ledgers; General reconciliation; Invoices; Policies and procedures; Rental Agreements; and Tax Returns |
Income Tax Records | PAYE Records;
Documents issued to employees for income tax purposes; Records of payments made to SARS on behalf of employees; All other statutory compliances: VAT Regional Services Levies Skills Development Levies UIF Workmen’s Compensation |
Personnel Documents and Records | Accident books and records;
Address Lists; Disciplinary Code and Records; Employee benefits arrangements rules and records; Employment Contracts; Employment Equity Plan Forms and Applications; Grievance Procedures; Leave Records; Medical Aid Records; Payroll reports/ Wage register; Pension Fund Records; Safety, Health and Environmental records; Salary Records; SETA records Standard letters and notices Training Manuals; Training Records; Workplace and Union agreements and records. |
Procurement Department | Standard Terms and Conditions for supply of services and products;
Contractor, client and supplier agreements; Lists of suppliers, products, services and distribution; and Policies and Procedures. |
Sales Department | Customer details
Credit application information Information and records provided by a third party |
Marketing Department | Advertising and promotional material |
Risk Management and
Audit |
Audit reports;
Risk management frameworks; and Risk management plans. |
Safety, Health and
Environment |
Complete Safety, Health and Environment Risk Assessment
Environmental Managements Plans Inquiries, inspections, examinations by environmental authorities |
IT Department | Computer / mobile device usage policy documentation;
Disaster recovery plans; Hardware asset registers; Information security policies/standards/procedures; Information technology systems and user manuals Information usage policy documentation; Project implementation plans; Software licensing; and System documentation and manuals. |
Corporate Social
Responsibility (CSR) |
CSR schedule of projects/record of organisations that receive funding;
Reports, books, publications and general information related to CSR spend; Records and contracts of agreement with funded organisations. |
- Note that the accessibility of the records may be subject to the grounds of refusal set out in this manual. Amongst others, records deemed confidential on the part of a third party, will necessitate permission from the third party concerned in addition to normal requirements before Ad-Ice will consider access.
- Records Available without a Request to Access in terms of the Act
- Records of a public nature, typically those disclosed on the Ad-Ice Marketing website and in its various annual reports, may be accessed without the need to submit a formal application.
- Other non-confidential records, such as statutory records maintained at Ad-Ice Marketing, may also be accessed without the need to submit a formal application, however, please note that an appointment to view such records will still have to be made with the Information Officer.
- Description of the Records of the Body Which are Available in Accordance with any other Legislation (Section 51(1) (d))
- Where applicable to its operations, Ad-Ice Marketing also retains records and documents in terms of the legislation below. Unless disclosure is prohibited in terms of legislation, regulations, contractual agreement or otherwise, records that are required to be made available in terms of these acts shall be made available for inspection by interested parties in terms of the requirements and conditions of the Act. The below mentioned legislation and applicable internal.
- policies and procedures, should such interested parties be entitled to such information. A request to access must be done in accordance with the prescriptions of the Act.
- Auditing Professions Act, No 26 of 2005;
- Basic Conditions of Employment Act, No 75 of 1997;
- Broad- Based Black Economic Empowerment Act, No 75 of 1997;
- Business Act, No 71 of 1991;
- Companies Act, No 71 of 2008;
- Compensation for Occupational Injuries & Diseases Act, 130 of 1993;
- Competition Act, No.71 of 2008;
- Constitution of the Republic of South Africa 2008;
- Copyright Act, No 98 of 1978;
- Customs & Excise Act, 91 of 1964;
- Electronic Communications Act, No 36 of 2005;
- Electronic Communications and Transactions Act, No 25 of 2002;
- Employment Equity Act, No 55 of 1998;
- Financial Intelligence Centre Act, No 38 of 2001;
- Identification Act, No. 68 of 1997;
- Income Tax Act, No 58 of 1962;
- Intellectual Property Laws Amendment Act, No 38 of 1997;
- Labour Relations Act, No 66 of 1995;
- Long Term Insurance Act, No 52 of 1998;
- Occupational Health & Safety Act, No 85 of 1993;
- Pension Funds Act, No 24 of 1956;
- Prescription Act, No 68 of 1969;
- Prevention of Organised Crime Act, No 121 of 1998;
- Promotion of Access to Information Act, No 2 of 2000;
- Protection of Personal Information Act, No. 4 of 2013;
- Regulation of Interception of Communications and Provision of Communication-Related Information Act 70 of 2002
- Revenue laws Second Amendment Act. No 61 of 2008;
- Skills Development Levies Act No. 9 of 1999;
- Short-term Insurance Act No. 53 of 1998;
- Trust Property Control Act 57 of 1988
- Unemployment Insurance Contributions Act 4 of 2002;
- Unemployment Insurance Act No. 30 of 1966;
- Value Added Tax Act 89 of 1991.
* Although we have used our best endeavours to supply a list of applicable legislation, it is
possible that this list may be incomplete. Whenever it comes to our attention that existing
or new legislation allows a requester access on a basis other than as set out in the PAIA,
we shall update the list accordingly. If a Requester believes that a right of access to a
record exists in terms of other legislation listed above or any other legislation, the
Requester is required to indicate what legislative right the request is based on, to allow the
Information Officer the opportunity of considering the request in light thereof.
- How to Facilitate a Request for Access to a Record of Ad-Ice Marketing (Section 51(1) (e))
- The requester must comply with all the procedural requirements contained in the Act relating to the request for access to a record.
- The requester must complete the prescribed form (Appendix 1) and submit same as well as payment of a request fee and a deposit (if applicable) to the Information Officer or the Deputy Information Officer at the postal or physical address, fax number or electronic mail address as noted in clause 5 above.
- The prescribed form must be filled in with sufficient information to enable the Information Officer to identify:
- the record or records requested; and
- the identity of the requester.
- The requester must indicate which form of access is required and specify a postal address or fax number of the requester in the Republic;
- The requester must state that they require the information in order to exercise or protect a right, and clearly state what the nature of the right is so to be exercised or protected. The requester must clearly specify why the record is necessary to exercise or protect such a right (section 53(2)(d)
- Ad-Ice Marketing will process the request within 30 (thirty) days, unless the requester has stated special reasons to the satisfaction of the Information Officer that circumstances dictate that the above time periods not be complied with.
- The requester will be advised whether access is granted or denied in writing. If, in addition, the requester requires the reasons for the decision in any other manner, the requester will be obliged to state which manner and the particulars required.
- If a request is made on behalf of another person, then the requester must submit proof of the capacity in which the requester is making the request to the reasonable satisfaction of the Information Officer (section 53(2)(f)).
- If an individual is unable to complete the prescribed form because of illiteracy or disability, such a person may make the request orally.
- The requester must pay the prescribed fee, before any further processing can take place.
- All information as listed in clause 11 herein should be provided and failing which the process will be delayed until the required information is provided. The prescribed time periods will not commence until the requester has furnished all the necessary and required information. The Information Officer shall sever a record, if possible, and grant only access to that portion requested and which is not prohibited from being disclosed.
- Refusal of Access to Records
- Grounds to Refuse Access
A private body such as Ad-Ice Marketing is entitled to refuse a request for information.
- The main grounds for Ad-Ice Marketing to refuse a request for information relates to the:
- mandatory protection of the privacy of a third party who is a natural person or a deceased person (section 63) or a juristic person, as included in the Protection of Personal Information Act 4 of 2013, which would involve the unreasonable disclosure of personal information of that natural or juristic person;
- mandatory protection of personal information and for disclosure of any personal information to, in addition to any other legislative, regulatory or contractual agreements, comply with the provisions of the Protection of Personal Information Act 4 of 2013;
- mandatory protection of the commercial information of a third party (section 64) if the record contains:
- trade secrets of the third party;
- financial, commercial, scientific or technical information which disclosure could likely cause harm to the financial or commercial interests of that third party;
iii. information disclosed in confidence by a third party to Ad-Ice Marketing, if the disclosure could put that third party at a disadvantage in negotiations or commercial competition;
- mandatory protection of confidential information of third parties (section 65) if it is protected in terms of any agreement;
- mandatory protection of the safety of individuals and the protection of property (section 66);
- mandatory protection of records which would be regarded as privileged in legal proceedings (section 67).
- The commercial activities (section 68) of a private body, such as Ad-Ice Marketing, which may include:
- trade secrets of Ad-Ice Marketing;
- financial, commercial, scientific or technical information which disclosure could likely cause harm to the financial or commercial interests of Ad-Ice Marketing;
- information which, if disclosed could put Ad-Ice Marketing at a disadvantage in negotiations or commercial competition;
- a computer program which is owned by Ad-Ice Marketing, and which is protected by copyright;
- the research information (section 69) of Ad-Ice Marketing or a third party, if its disclosure would disclose the identity of Ad-Ice Marketing, the researcher or the subject matter of the research and would place the research at a serious disadvantage
- Requests for information that are clearly frivolous or vexatious, or which involve an
unreasonable diversion of resources will be refused.
- All requests for information will be assessed on their own merits and in accordance with the applicable legal principles and legislation.
- If a requested record cannot be found or if the record does not exist, the Information Officer will, by way of an affidavit or affirmation, notify the requester that it is not possible to give access to the requested record. Such a notice will be regarded as a decision to refuse a request for access to the record concerned for the purpose of the Act. If the record should later be found, the requester will be given access to the record in the manner stipulated by the requester in the prescribed form, unless the Information Officer refuses access to such record.
- Remedies Available When Ad-Ice Marketing Refuses a Request
13.1. Internal Remedies
Ad-Ice Marketing does not have internal appeal procedures. The decision made by the Information
Officer is final. Requesters will have to exercise such external remedies at their disposal if the request for information is refused, and the requestor is not satisfied with the answer supplied by the Information Officer.
13.2. External Remedies
13.2.1. A requestor that is dissatisfied with the Information Officer’s refusal to disclose information, may within 30 (thirty) days of notification of the decision, may apply to a Court for relief.
13.2.2. A third party dissatisfied with the Information Officer’s decision to grant a request for
information, may within 30 (thirty) days of notification of the decision, apply to a Court for relief.
13.2.3. For purposes of the Act, the Courts that have jurisdiction over these applications are the
Constitutional Court, the High Court or another court of similar status and a Magistrate’s Court
designated by the Minister of Justice and Constitutional Development, and which is presided over by a designated Magistrate.
- Access to Records Held by Ad-Ice Marketing
- Prerequisites for Access by Personal/Other Requester
- Records held by Ad-Ice Marketing may be accessed by requests only once the prerequisite requirements for access have been met.
- 1.2. A requester is any person making a request for access to a record of Ad-Ice Marketing. There are two types of requesters:
- Prerequisites for Access by Personal/Other Requester
- Personal Requester
- A personal requester is a requester who is seeking access to a record containing personal information about the requester.
- Ad-Ice Marketing will voluntarily provide the requested information or give access to any record with regard to the requester’s personal information. The prescribed fee for reproduction of the information requested will be charged.
- Other Requester
- This requester (other than a personal requester) is entitled to request access to
information on third parties.
- In considering such a request, Ad-Ice Marketing will adhere to the provisions of the Act. Section 71 requires that the Information Officer take all reasonable steps to inform a third party to whom the requested record relates of the request, informing them that they may make a written or oral representation to the Information Officer why the request should be refused or, where required, give written consent for the disclosure of the Information.
- Ad-Ice Marketing is not obliged to voluntarily grant access to such records. The requester must fulfil the prerequisite requirements, in accordance with the requirements of the Act and as stipulated in Chapter 5 Part 3, including the payment of a request and access fee.
- Prescribed Fees (Section 51 (1) (f))
- Fees Provided by the Act
- The Act provides for two types of fees, namely:
- Fees Provided by the Act
- A request fee, which is a form of administration fee to be paid by al! requesters except personal requesters, before the request is considered and is not refundable; and;
- An access fee, which is paid by all requesters in the event that a request for access is granted. This fee is inclusive of costs involved by the private body in obtaining and preparing a record for delivery to the requester.
- When the request is received by the Information Officer, such officer will notify the requester, other than a personal requester, to pay the prescribed request fee, before further processing of the request (section 54(1)).
- If the search for the record has been made and the preparation of the record for disclosure, including arrangement to make it available, requires more than the hours prescribed in the regulations for this purpose, the Information Officer must notify the requester to pay as a deposit the prescribed portion of the access fee which would be payable if the request is granted.
- The Information Officer will withhold a record until the requester has paid the fees as indicated above.
- A requester, whose request for access to a record has been granted, must pay an access fee that is calculated to include, where applicable, the request fee, the process fee for reproduction and for search and preparation, and for any time reasonably required in excess of the prescribed hours to search for and prepare the record for disclosure including making arrangements to make it available in the request form.
- If a deposit has been paid in respect of a request for access, which is refused, then the Information Officer concerned must repay the deposit to the requester.
- Reproduction Fees
- Where Ad-Ice Marketing has voluntarily provided the Minister with a list of categories of records that will automatically be made available to any person requesting access thereto, the only charge that may be levied for obtaining such records, will be a fee for reproduction of the record in question.
Reproduction of Information Fees to be Charged
Information in an A-4 size page photocopy or part thereof – R 1,10
A printed copy of an A4-size page or part thereof – R 0,75
A copy in computer-readable format, for example: Compact disc – R 70,00
A transcription of visual images, in an A4-size page or part thereof – R 40,00
A copy of visual images – R 60,00
A transcription of an audio record for an A4-size page or part thereof – R 20,00
A copy of an audio record – R 30,00*
* Per hour or part of an hour reasonably required for such
search.
- Request Fees
Where a requester submits a request for access to information held by an institution on a person other than the requester themselves, a request fee in the amount of R50,00 is payable up-front before the institution will further process the request received.
- Access Fees
- An access fee is payable in all instances where a request for access to information is granted, except in those instances where payment of an access fee is specially excluded in terms of the Act or an exclusion is determined by the Minister in terms of section 54(8).
- The applicable access fees which will be payable are:
Access of Information Fees Fees to be Charged
Information in an A-4 size page photocopy or part thereof – R 1,10
A printed copy of an A4-size page or part thereof – R 0,75
A copy in computer-readable format, for example: Stiffy disc or Compact dis -R 7,50 and –
R 70,00 respectively
A transcription of visual images, in an A4-size page or part thereof – R 40,00
A copy of visual images – R 60,00
A transcription of an audio record for an A4-size page or part thereof – R 20,00
A copy of an audio record – *R30,00
*Per hour or part of an hour reasonably required for such search.
- Where a copy of a record needs to be posted the actual postal fee is payable.
- 4. Deposits
- Where the institution receives a request for access to information held on a person other than the requester themselves and the Information Officer, upon receipt of the request, is of the opinion that the preparation of the required record of disclosure will take more than 6 (six) hours, a deposit is payable by the requester.
- The amount of the deposit is equal to 1/3 (one third) of the amount of the applicable access fee.
- Collection Fees
- The initial “request fee” of R50,00 should be deposited into the bank account below and a copy of the deposit slip, application form and other correspondence / documents, forwarded to the Information Officer via fax.
- The officer will collect the initial “request fee” of applications received directly by the Information Officer via email.
- All fees are subject to change as allowed for in the Act and as a consequence such escalations may not always be immediately available at the time of the request being made. Requesters shall be informed of any changes in the fees prior to making a payment.
- Decision
- Time Allowed to Institution
- Ad-Ice Marketing will, within 30 (thirty) days of receipt of the request, decide whether to grant or decline the request and give notice with reasons (if required) to that effect.
- The 30 (thirty) day period within which Ad-Ice Marketing has to decide whether to grant or refuse the request, may be extended for a further period of not more than (30) thirty days if the request is for a large batch of information, or the request requires a search for information held at another office of Ad-Ice Marketing and the information cannot reasonably be obtained within the original 30 (thirty) day period.
- Ad-Ice Marketing will notify the requester in writing should an extension be sought.
- Time Allowed to Institution
- Protection of Personal Information that is processed by Ad-Ice Marketing
- Chapter 3 of POPIA provides for the minimum Conditions for Lawful Processing of Personal Information by a Responsible Party. These conditions may not be derogated from unless specific exclusions apply as outlined in POPIA.
- Ad-Ice Marketing needs Personal Information relating to both individual and juristic persons in order to carry out its business and organisational functions. The manner in which this information is processed and the purpose for which it is processed is determined by Ad-Ice Marketing.
- Ad-Ice Marketing is, accordingly, a responsible party for the purposes of POPIA and will ensure that the Personal Information of a Data Subject:
- is processed lawfully, fairly and transparently. This includes the provision of appropriate information to Data Subjects when their data is collected by Ad-Ice Marketing, in the form of privacy or data collection notices. Ad-Ice Marketing must also have a legal basis (for example, consent) to process Personal Information;
- is processed only for the purposes for which it was collected;
- will not be processed for a secondary purpose unless that processing is compatible with the original purpose;
- is adequate, relevant and not excessive for the purposes for which it was collected;
- is accurate and kept up to date;
- will not be kept for longer than necessary;
- is processed in accordance with integrity and confidentiality principles; this includes physical and organisational measures to ensure that Personal Information, in both physical and electronic form, are subject to an appropriate level of security when stored, used and communicated by Ad-Ice Marketing, in order to protect against access and acquisition by unauthorised persons and accidental loss, destruction or damage;
- is processed in accordance with the rights of Data Subjects, where applicable. Data Subjects have the right to:
- be notified that their Personal Information is being collected by Ad-Ice Marketing. The Data Subject also has the right to be notified in the event of a data breach;
- know whether Ad-Ice Marketing holds Personal Information about them, and to access that information. Any request for information must be handled in accordance with the provisions of this manual;
- request the correction or deletion of inaccurate, irrelevant, excessive, out of date, incomplete, misleading or unlawfully obtained personal information;
- object to Ad-Ice Marketing’s use of their Personal Information and request the deletion of such Personal Information (deletion would be subject to Ad-Ice Marketing’s record keeping requirements);
- object to the processing of Personal Information for purposes of direct marketing by means of unsolicited electronic communications; and
- complain to the Information Regulator regarding an alleged infringement of any of the rights protected under POPI and to institute civil proceedings regarding the alleged non- compliance with the protection of his, her or its personal information.
- Purpose of the Processing of Personal Information by the Company As outlined above, Personal Information may only be processed for a specific purpose. The purposes for which Ad-Ice Marketing processes or will process Personal Information is set out in Part 1 of Appendix 2.
- Categories of Data Subjects and Personal Information/special Personal Information relating thereto
As per section 1 of POPI, a Data Subject may either be a natural or a juristic person. Part 2 of Appendix 2 sets out the various categories of Data Subjects that Ad-Ice Marketing Processes Personal Information on and the types of Personal Information relating thereto.
- Recipients of Personal Information
Part 3 of Appendix 2 outlines the recipients to whom Ad-Ice Marketing may provide a Data Subjects Personal Information to.
- Cross-border flows of Personal Information
- Section 72 of POPIA provides that Personal Information may only be transferred out of the Republic of South Africa if the:
- recipient country can offer such data an “adequate level” of protection. This means that its data privacy laws must be substantially similar to the Conditions for Lawful Processing as contained in POPI; or
- Data Subject consents to the transfer of their Personal Information; or
- transfer is necessary for the performance of a contractual obligation between the Data Subject and the Responsible Party; or
- transfer is necessary for the performance of a contractual obligation between the Responsible Party and a third party, in the interests of the Data Subject; or
- the transfer is for the benefit of the Data Subject, and it is not reasonably practicable to obtain the consent of the Data Subject, and if it were, the Data Subject, would in all likelihood provide such consent.
- Part 4 of Appendix 2 sets out the planned cross-border transfers of Personal Information and the condition from above that applies thereto
- Description of information security measures to be implemented by Ad-Ice Marketing Part 5 of Appendix 2 sets out the types of security measures implemented by Ad-Ice Marketing in order to ensure that Personal Information is respected and protected. A preliminary assessment of the suitability of the information security measures implemented or to be implemented by Ad-Ice Marketing may be conducted in order to ensure that the Personal Information that is processed by Ad-Ice Marketing is safeguarded and Processed in accordance with the Conditions for Lawful Processing.
- Objection to the Processing of Personal Information by a Data Subject Section 11 (3) of POPI and regulation 2 of the POPIA Regulations provides that a Data Subject may, at any time object to the Processing of his/her/its Personal Information in the prescribed form attached to this manual as Appendix 3 subject to exceptions contained in POPIA.
- Request for correction or deletion of Personal Information Section 24 of POPI and regulation 3 of the POPI Regulations provides that a Data Subject may request for their Personal Information to be corrected/deleted in the prescribed form attached as Appendix 4 to this Manual
- Availability and Updating of the PAIA Manual
- Regulation Number R.187 of 15 February 2002
- This PAIA manual is made available in terms of Regulation Number R.187 of 15 February 2002. Ad-Ice Marketing will update this PAIA Manual at such intervals as may be deemed necessary.
- This PAIA manual of Ad-Ice Marketing is available to view at its premises and on its website.