PAIA Manual

Seatme

a division of Atterbury Trust (Registration No: IT4555/98) (“Seatme”)

PROMOTION OF ACCESS TO INFORMATION MANUAL

Prepared in terms of section 51 of the Promotion of Access to Information Act 2 of 2000 (as amended) (PAIA)

Contents

1. DEFINITIONS 3

2. PURPOSE OF PAIA MANUAL 3

3. KEY CONTACT DETAILS FOR ACCESS TO INFORMATION OF SEATME 4

4. GUIDE ON HOW TO USE PAIA AND HOW TO OBTAIN ACCESS TO THE GUIDE 5

5. RECORDS AVAILABLE WITHOUT A REQUEST TO ACCESS IN TERMS OF PAIA 7

6. DESCRIPTION OF THE RECORDS OF THE BODY WHICH ARE AVAILABLE IN ACCORDANCE WITH ANY OTHER LEGISLATION 7

7. DESCRIPTION OF THE SUBJECTS ON WHICH THE BODY HOLDS RECORDS AND CATEGORIES OF RECORDS HELD ON EACH SUBJECT BY SEATME 8

8. PROCESSING OF PERSONAL INFORMATION 9

9. FORM OF REQUEST 13

10. AVAILABILITY OF THE MANUAL 14

11. UPDATING OF THE MANUAL 15

DEFINITIONS

• 1. Minister means the Minister of Justice and Correctional Services.
  2. PAIA means the Promotion of Access to Information Act, 2000 (as amended).
  3. PAIA GUIDE means the guide set out in clause 4.
  4. POPI means the Protection of Personal Information Act, 2013 (as amended).
  5. Information Regulator means the information regulator of the Republic of South Africa, an independent body established in terms of section 39 of POPI.
  6. Requester means the individual and/or entity requesting access to certain records in the possession of Seatme.

PURPOSE OF PAIA MANUAL

This PAIA Manual is useful for the public to –

• 1. check the categories of records held by Seatme, which are available without a person having to submit a formal PAIA request;
  2. have a sufficient understanding of how to make a request for access to a record of Seatme;
  3. understand the description of the records of Seatme which are available in accordance with any other law;
  4. access all the relevant contact details of the Information Officer who will assist the public with the records they intend to access;
  5. understand the description of the guide on how to use PAIA, as updated by the Information Regulator and how to obtain access to it;
  6. understand if Seatme 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;
  7. understand the description of the categories of data subjects and of the information or categories of information relating thereto;
  8. understand the recipients or categories of recipients to whom the personal information may be supplied;
  9. understand whether Seatme plans 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
  10. understand whether Seatme has appropriate security measures to ensure the confidentiality, integrity and availability of the personal information which is to be processed.

KEY CONTACT DETAILS FOR ACCESS TO INFORMATION OF SEATME

Information Officer (Seatme, a division of Atterbury Trust)

Email: info@seatme.co.za

Telephone: +27 71 686 7733

Please direct PAIA and POPIA-related requests to the above, or use our contact page.

Deputy Information Officer: Not designated. Contact the Information Officer using the details above.

National or Head Office

Website: https://www.seatme.co.za/

Information Regulator contact details

The Information Regulator (South Africa) is established in terms of section 39 of POPIA. Queries and complaints in terms of PAIA and POPIA may be directed to the Information Regulator using the details below (as updated from time to time by the Information Regulator):

Information Regulator (South Africa)
Physical Address: JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001
Postal Address: P.O. Box 31533, Braamfontein, Johannesburg, 2017
Tel: 010 023 5200
Email: enquiries@inforegulator.org.za
Website: https://inforegulator.org.za/

GUIDE ON HOW TO USE PAIA AND HOW TO OBTAIN ACCESS TO THE GUIDE

• 1. The Regulator has, in terms of section 10(1) of PAIA, as amended, updated and made available the revised Guide on how to use PAIA (the “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 the Protection of Personal Information Act (POPIA).
  2. The Guide is available in each of the official languages and in braille.
  3. The aforesaid Guide contains the description of-
     1. the objects of PAIA and POPIA;
     2. contact details of the Information Regulator;
     3. the manner and form of a request for access to a record of a private body contemplated in section 50;
     4. the assistance available from the Information Officer in terms of PAIA and POPIA;
     5. 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-

• a complaint to the Regulator; and
• 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;
  • 1. the provisions of sections 51 requiring a private body to compile a manual, and how to obtain access to a manual;
    2. the provisions of section 52 providing for the voluntary disclosure of categories of records by a private body;
    3. the notices issued in terms of section 54, regarding fees to be paid in relation to requests for access; and
    4. the regulations made in terms of section 92.
  1. 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.
  2. The Guide can also be obtained-
     1. upon request to the Information Officer; and
     2. from the website of the Information Regulator (see Information Regulator website for the latest PAIA Guide and related resources).
  3. A copy of the Guide is also available in the following official languages, for public inspection during normal office hours-

English

Afrikaans

• 1. You can access the Guide in the other official languages from the Information Regulator website.

RECORDS AVAILABLE WITHOUT A REQUEST TO ACCESS IN TERMS OF PAIA

• 1. The following categories of records are available without the need to submit a formal PAIA request, as they are publicly accessible (including on Seatme’s website at https://www.seatme.co.za/): (a) this PAIA Manual; (b) Seatme's Privacy Policy; (c) standard terms and conditions of service; (d) published marketing and promotional materials; and (e) any other records voluntarily disclosed by Seatme from time to time. These records are made available in accordance with section 52 of PAIA.
  2. Other non-confidential records, such as statutory records maintained at CIPC and the Master’s Office, may be accessed without the need to submit a formal application; however, 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

• 1. Where applicable to its operations, Seatme also retains records and documents in terms of the legislation below.

DESCRIPTION OF THE SUBJECTS ON WHICH THE BODY HOLDS RECORDS AND CATEGORIES OF RECORDS HELD ON EACH SUBJECT BY SEATME

PROCESSING OF PERSONAL INFORMATION

• 1. Purpose of Processing Personal Information

Seatme processes personal information in accordance with POPIA and other applicable laws. Where required, processing is carried out on the basis of consent, the conclusion or performance of an agreement, compliance with a legal obligation, or a legitimate interest (as applicable and subject to POPIA).

Seatme processes personal information in the ordinary course of its business, including, but not limited to, the following:

• providing and improving our services and/or supplying our goods;
• creating and managing client accounts;
• managing commercial relationships with clients and suppliers;
• to receive goods and/or services from suppliers;
• recruitment;
• managing employee relationships and performing employment contracts;
• for security purposes;
• to comply with legal obligations;
• information analysis;
• marketing our products;
• communication purposes; and
• administering our website.

For more information regarding the purposes for which Seatme processes personal information (including, where applicable, cookies, online identifiers, and direct marketing), please refer to Seatme’s Privacy Policy available on Seatme’s website. Employees may also contact the Information Officer for further information.

Where Seatme sends direct marketing communications, data subjects may object to the processing of their personal information for direct marketing purposes at any time and may opt out using the unsubscribe mechanism included in communications or by contacting the Information Officer.

• 1. Description of the categories of Data Subjects, the information or categories of information relating thereto and categories of recipients

Most commonly, Seatme processes the following categories of personal information of the following data subjects:

• 1. Planned transborder flows of personal information

Given that the internet is a global environment, using the internet to collect and process personal information often involves the transmission of data on an international basis. While Seatme generally endeavours to store the personal information collected through its websites or apps in the relevant region, it is possible that personal information may be transferred to recipients outside of South Africa (where data protection laws may be different), including within the Seatme group of companies.

If such an international data transfer takes place, Seatme will ensure that the transfer complies with section 72 of POPIA. This may include transferring personal information only to recipients in countries that provide an adequate level of protection, obtaining the data subject's consent, ensuring the transfer is necessary for the performance of a contract, or binding the recipient to processing conditions that are substantially equivalent to those required by POPIA.

• 1. General description of Information Security Measures to be implemented by the responsible party to ensure the confidentiality, integrity and availability of the information

We apply physical, technical and organisational measures to protect your personal information that is under our control from unauthorised access, collection, use, disclosure, copying, modification or disposal. All information you provide to us is stored on secure servers.

In the event of a security compromise that materially affects personal information, Seatme will follow its incident response procedures and, where required by POPIA, notify the Information Regulator and affected data subjects as soon as reasonably possible.

We employ up-to-date technology to ensure the confidentiality, integrity and availability of the personal information under our care. Measures include, but are not limited to:

• Virus protection software and update protocols.
• Electronic and physical access control.
• Secure setup of hardware and software making up the IT infrastructure.
• Outsourced service providers who process personal information on behalf of us are contracted to implement security controls.
• Policies and procedures are implemented to ensure the security of your information.
  1. Data subject rights (POPIA) and PAIA requests

In addition to any contractual rights, data subjects may (subject to lawful limitations) request access to, correction of, deletion of, objection to, or restriction of the processing of their personal information, as contemplated in POPIA. Where a data subject seeks access to records (including records containing personal information) held by Seatme, such requests should be submitted in accordance with PAIA, as described in section 9 (Form of Request) of this Manual.

For more detail on Seatme’s processing activities (including cookies, direct marketing, and categories of personal information collected through the Website, Apps and other channels), please refer to Seatme’s Privacy Policy. For any PAIA or POPIA-related queries or requests, please contact the Information Officer using the contact details in section 3 of this Manual.

• 1. Retention of personal information

Seatme retains personal information only for as long as is necessary to fulfil the purposes for which it was collected, to perform agreements, and to comply with applicable legal and regulatory obligations (including recordkeeping obligations), after which it is securely destroyed or de-identified, unless further retention is lawfully required or permitted.

• 1. Complaints to the Information Regulator

If you are not satisfied with how Seatme handles a PAIA request or the processing of personal information, you may lodge a complaint with the Information Regulator (South Africa) using the contact details in section 3 above (and as set out in Seatme’s Privacy Policy).

FORM OF REQUEST

• 1. A requester must comply with all the procedural requirements contained in PAIA relating to the request for access to a record.
  2. A request for access to records held by Seatme in terms of section 50 of PAIA must be made on the prescribed request form (Form 2) in terms of the PAIA Regulations and submitted to Seatme at the address or email address specified in section 3 above.
  3. A requester must provide sufficient detail on the prescribed form to allow Seatme to identify the record or records which have been requested and the identity of the requester. If a request is made on behalf of another person or entity, the requester must submit details and proof of the capacity in which the requester is making the request, which must be reasonably satisfactory to Seatme. The requester is also required to indicate the form of access to the relevant records that is required, and to provide his, her or its contact details in the Republic of South Africa.
  4. A requester will receive a response to their request on the prescribed response form (Form 3) in terms of the PAIA Regulations.

Fees: Seatme may charge the requester a request fee and/or access fee (as prescribed) before processing and/or granting access to records. Where applicable, Seatme will notify the requester of the payable fee(s) and the manner of payment.

Timeframes: Seatme will consider and respond to a request within the time periods prescribed by PAIA, subject to any extensions permitted under PAIA and the PAIA Regulations.

Grounds of refusal and third parties: Access to records may be refused on one or more grounds set out in PAIA (including mandatory and discretionary grounds). Where a requested record contains information relating to a third party, Seatme may be required to notify such third party and/or follow the consultation procedure set out in PAIA before making a decision.

Remedies: As Seatme is a private body, PAIA does not provide for an internal appeal. A requester may lodge a complaint with the Information Regulator and/or apply to a court having jurisdiction in accordance with PAIA, subject to applicable requirements and time periods.

AVAILABILITY OF THE MANUAL

• 1. A copy of the Manual is available-
• on Seatme’s website;
• head office of Seatme for public inspection during normal business hours;
• to any person upon request and upon the payment of a reasonable prescribed fee; and
• to the Information Regulator upon request.
  1. A fee for a copy of the Manual shall be payable for each A4-size photocopy made, at the rate prescribed by the PAIA Regulations from time to time.