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Privacy Policy – South Africa
Atain SOUTH AFRICA PROPRIETARY LIMITED PUBLIC PRIVACY POLICY
1. ABOUT US
  • This Privacy Policy sets out how your Personal Information will be used by Atain South Africa. It applies to Personal Information and Special Personal Information you give to us or which we may collect from third parties.
  • Atain South Africa is a company registered according to the laws of the Republic of South Africa, with its primary place of business at the SARS Building, Hans Strijdom Street, Cape Town, Western Cape, 8001 or alternatively, The Box, 9 Lower Burg Street, Cape Town Western Cape 8001, South Africa.
  • Atain South Africa is a “Responsible Party” in respect of the Personal Information described in this Privacy Policy. This means that we are responsible for deciding how we hold and use Personal Information about you.  We are required under data protection legislation to notify you of the information contained in this Privacy Policy.
  • It is important that you read this Privacy Policy carefully before submitting any Personal Information to Atain South Africa.
2. DEFINITIONS
  • For purposes of this Privacy Policy:
    • “Applicable Laws” means all laws, regulations that Atain South Africa is required to comply with;
    • “Atain South Africa”, “us”, “we” or “our” means Atain South Africa Proprietary Limited;
    • “Information Officer” or “IO” means the Information Officer of Atain South Africa;
    • “Personal Information” means information relating to an identifiable, living, natural person, and (where applicable) an identifiable, existing juristic person, including the name, race, gender, marital status, address and identifying number of a person, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person;
    • “POPIA” means the Protection of Personal Information, 2013 and any regulations or codes of conduct promulgated thereunder;
    • “Privacy Policy” means this Public Privacy Policy;
    • “Process” means any activity that involves the use of Personal Information. It includes any operation or activity or any set of operations, whether or not by automatic means, concerning Personal Information, including:
      • the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use;
      • dissemination by means of transmission, distribution or making available in any other form; or
      • merging, linking, as well as restriction, degradation, erasure or destruction of information;
    • “Special Personal Information” means Personal Information concerning the religious or philosophical beliefs, race or ethnic origin, trade union membership, political persuasion, health or sex life or biometric information of a data subject; or the criminal behaviour of a data subject to the extent that such information relates to the alleged commission by a data subject of any offence. It also covers information about a Data Subject’s criminal behavior if it relates to alleged crimes they might have committed, or any legal proceedings related to those alleged crimes;
    • “Website” means the Atain South Africa website with the web address atain.com/south-africa; and
    • “you” or “your” refers to any third party of Atain South Africa, for example our customers, suppliers, contracting parties, business partners, website users, etc.
3. SCOPE AND APPLICATION
  • This Privacy Policy applies to you if you are a:
    • potential, current or former customer of ours (including representatives and/or personnel);
    • potential, current or former supplier of services to us (including representatives and/or personnel);
    • an applicant for any job opportunities with us;
    • a party involved in contractual discussions with us, or an existing or former counter in a contractual relationship with us (including representatives and/or personnel);
    • a visitor on our Website; or
    • any other third party Data Subject whose Personal Information is Processed by or on behalf of Atain South Africa.
  • Under POPIA, there are a number of reasons that Atain South Africa may rely on when Processing Personal Information, namely:
    • when the Data Subject has given consent;
    • where Processing is necessary to carry out actions for the conclusion or performance of a contract to which the Data Subject is party;
    • where Processing complies with an obligation imposed by law on Atain South Africa;
    • where Processing is necessary for the proper performance of a public law duty by a public body;
    • where Processing protects a legitimate interest of the Data Subject; or
    • where Processing is necessary for pursuing the legitimate interests of Atain South Africa or of a third party to whom the Personal Information is supplied.
  • By providing us with your Personal Information, you acknowledge that Atain South Africa may rely on any of the reasons mentioned above when Processing your Personal Information as set out in this Privacy Policy, unless your explicit consent is required by Applicable Law (for example, for direct marketing communications).
  • The provisions of this Privacy Policy are subject to Applicable Laws.
  • Please do not provide us with any Personal Information if you do not agree with any of the provisions of this Privacy Policy. If you do not agree with any part of this Privacy Policy, we may not be able to provide our products and services to you.
  • You have the right to withdraw your consent for a specific Processing activity at any time. To withdraw your consent, please contact the IO.  Once we have received notification that you have withdrawn your consent, we will no longer Process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.
  • In most circumstances, providing your Personal Information to us is voluntary. Sometimes, it may be compulsory to provide your Personal Information to us. If you fail to provide certain Personal Information when requested, we may not be able to perform the services you requested from us or we may be prevented from complying with our legal obligations.
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4. HOW TO CONTACT US

If you have any comments or questions about this Privacy Policy or how we handle your Personal Information, please contact the Information Officer.

IO Name:

Chanel Sprieman

E-mail address:

chanel.sprieman@atain.com

with a copy to Privacy1@atain.com

5. CHANGES TO THIS PRIVACY POLICY
  • We may change this Privacy Policy from time to time for any of the following reasons:
    • to provide for the introduction of new systems, methods of operation, services, products or facilities;
    • to provide for any changes to our Processing activities;
    • to provide for any changes to our entity’s or IO’s details;
    • to comply with developments in, or changes to, Applicable Laws or guidance notes or requirements issued by the Information Regulator of South Africa from time to time; or
    • for any other reason which we, in our sole discretion, may find reasonable or necessary.
  • Any such change will automatically come into effect and become part of any agreement you have with Atain South Africa. We may notify you of any material changes that we make by publication on our Website, however please ensure that you regularly check the Website.
6. INFORMATION WHICH WE MAY COLLECT ABOUT YOU
  • We may collect the following information about you:
    • name, gender, age and date of birth;
    • contact information, such as address, email, and mobile phone number;
    • country of residence;
    • lifestyle and social circumstances (for example, your hobbies);
    • family circumstances (for example, your marital status and dependents);
    • employment and education details (for example, the organisation you work for, your job title and your education details);
    • financial and tax-related information (for example your income, investments and tax residency);
    • postings or messages on any blogs, forums, platforms, wikis or social media applications and services that we provide (including with third parties);
    • IP address, browser type and language, your access times;
    • information in any complaints you make;
    • details of how you use our products and services;
    • CCTV footage and other information we collect when you access our premises;
    • details of how you like to interact with us, and other similar information relevant to our relationship; and
    • sensitive or Special Personal Information, including biometric information, such as images, fingerprints, and voiceprints.
  • Where you provide us with the Personal Information of third parties:
    • you should take steps to inform the third party that you need to disclose their details to us, identifying us; and
    • you warrant that you are authorised to provide us with such Personal Information and that you have complied with Applicable Law (for example, obtaining consents, directing them to our Privacy Policy, etc.) in doing so.
7. HOW WE COLLECT INFORMATION
  • Directly – We could collect Personal Information directly from you in many ways, e.g. from your business card, if you complete our online forms, subscribe to our newsletters and preference centre, register for webinars, attend meetings or events we host, visit our offices or apply for open roles. We may also collect Personal Information directly when, for example, where we are establishing a business relationship, performing professional services through a contract, or through our hosted software applications.
  • Indirectly – We may collect Personal Information indirectly about you from many sources, including recruitment services and our clients. We may attach Personal Information to our customer relationship management records to better understand and serve our business clients, subscribers and individuals, satisfy a legal obligation, or pursue our legitimate interests.
  • Public sources — Personal Information may be obtained from public registers (such as Companies and Intellectual Property Commission), news articles, sanctions lists, and Internet searches and other similar public platforms.
  • Social and professional networking sites — If you register or login to our websites using social media (e.g., LinkedIn, Google, or Twitter) to authenticate your identity and connect your social media login information with us, we will collect information or content needed for the registration or login that you permitted your social media provider to share with us. That information may include your name and email address and depending on your privacy settings, additional details about you, so please review the privacy controls on the applicable service to set how much information you want shared with us.
  • Business clients — Our business clients may engage us to perform professional services which involves sharing Personal Information they control as part of that engagement. For example, we will review payroll data as part of an audit and we often need to use Personal Information to provide global mobility and pension services. Our services may also include processing Personal Information under our clients’ control on our hosted software applications, which may be governed by different privacy terms and policies.
  • Recruitment services – We may obtain Personal Information about candidates from an employment agency, and other parties including former employers, recruitment sites and credit reference agencies.
8. USE OF INFORMATION COLLECTED
  • Atain South Africa may Process Personal Information for the following purposes:
    • to provide services to our clients;
    • to provide services to our clients;
    • to meet legal or regulatory requirements;
    • conduct due diligence checks relating to the services;
    • for other activities that form part of the operation of our business;
    • to manage and respond to any request you submit through our Website;
    • promoting our professional services, products and capabilities to existing and prospective business clients;
    • sending invitations and providing access to guests attending our events and webinars or our sponsored events;
    • personalising online landing pages and communications we think would be of interest based on interactions with us and group companies;
    • administering, maintaining and ensuring the security of our information systems, applications and websites; and
    • authenticating registered users to certain areas of our sites.
  • We may from time to time contact you about services, products and offerings available from Atain South Africa or specific subsidiaries which we believe may be of interest to you, by email, phone, text or other electronic means, unless you have unsubscribed from receiving such communications. You can unsubscribe from receiving such communications by contacting the IO, or following the prompt in any communications we send you.
9. DISCLOSURE OF YOUR INFORMATION
  • Your Personal Information may be shared with our affiliates, subsidiaries, our agents and sub-contractors, and selected third parties who Process the information on our behalf.
  • We may also disclose your Personal Information to third parties for the purposes listed in paragraph 1 above.
  • If you do not wish us to disclose this Personal Information to third parties, please contact us at the contact details set out above in paragraph 4. We may, however, not be able to provide products or services to you if such disclosure is necessary.
10. RETENTION OF YOUR INFORMATION

We will retain your Personal Information for as long as it is necessary to achieve the purpose for which it was collected, and in some cases this may be for an indefinite period, if we are permitted or required to do so in terms of Applicable Laws.  However, as a general rule, we will retain your Personal Information in accordance with retention periods set out in Applicable Laws, unless we need to retain it for longer for a lawful purpose (for example, for the purposes of complaints handling, legal processes and proceedings).

11. YOUR RIGHTS
  • You have the right to withdraw your consent for certain specific Processing activities at any time. To withdraw your consent, please contact the IO.  Once we have received notification that you have withdrawn your consent, we will no longer Process your Personal Information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.
  • You have the right to ask us not to contact you for marketing purposes. You can exercise this right at any time by using any of the various “opt-out” options that we will always provide to you when we communicate with you.  We won’t send you marketing messages if you tell us not to but we will still need to send you service-related messages.
  • You may request details of Personal Information which we hold about you under the Promotion of Access to Information Act, 2000 (“PAIA”). Fees to obtain a copy or a description of Personal Information held about you are prescribed in terms of PAIA. Confirmation of whether or not we hold Personal Information about you may be requested free of charge. If you would like to obtain a copy of your Personal Information held by Atain South Africa, please review our PAIA Manual located at https://atain.azurewebsites.net/policies/.
  • You may request the correction of Personal Information Atain South Africa holds about you. Please ensure that the information we hold about you is complete, accurate and up to date.
  • You have a right in certain circumstances to request the destruction or deletion of and, where applicable, to obtain restriction on the Processing of Personal Information held about you. If you wish to exercise this right, please contact us using the contact details set out above in paragraph 4.
  • You have a right to object on reasonable grounds to the Processing of your Personal Information where the Processing is carried out in order to protect our or a third party’s legitimate interests or your legitimate interests, unless the law provides for such Processing.
12. OUR COMMITMENT TO SECURITY

The security of your data is important to us.  While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.  However, we do employ a number of safeguards intended to mitigate the risk of unauthorised access or disclosure of your information.  We will do our best to protect your Personal Information and we will use up to date technology that will help us to do this.  We will at all times comply with our obligation under Applicable Law. It is important that you take all necessary and appropriate steps to protect your Personal Information yourself (for example, by ensuring that all passwords and access codes are kept secure).

13. TRANSFER OF DATA
  • We are based in and operate from South Africa. We may transfer your Personal Information to another of the Atain entities, an agent, subcontractor or third party who carries on business in another country, including one which may not have data privacy laws similar to those of South Africa.  If this happens, we will ensure that anyone to whom we pass your information agrees to treat your information with the similar level of protection as if we were dealing with it.  Also, your Personal Information will only be transferred to and stored in country where the service provider is subject to an agreement requiring it to comply with data protection requirements equivalent or better than those applicable in South Africa.
  • You consent to the transfer of some or all of your Personal Information we collect about you to to third parties located in the following countries:
    • China;
    • Columbia;
    • Egypt;
    • India;
    • Indonesia;
    • Malaysia;
    • Philippines;
    • Romania;
    • Spain;
    • United Arab Emirates;
    • United States of America;
    • United Kingdom; and
    • Vietnam
  • We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.
14. LINKS TO OTHER WEBSITES AND COOKIES
  • Our Website may contain links to and from websites, mobile applications or services of third parties, advertisers or affiliates. Please note that we are not responsible for the privacy practices of such other parties and advise you to read the privacy statements of each website you visit which collects Personal Information.
  • Our Website may use cookies. If cookies are used, your browser will receive a warning explaining how they are used. Please consult our Cookie Policy for more details
15. COMPLAINTS
    • Should you believe that Atain South Africa has utilised your Personal Information contrary to Applicable Laws, we would appreciate if you could first attempt to resolve any concerns with us.
    • If you are not satisfied with such process, you may have the right to lodge a complaint with the Information Regulator, using the contact details listed below:

E-mail address

POPIAComplaints@inforegulator.org.za

Physical address

JD House

27 Stiemens Street

Braamfontein

Johannesburg, 2001

16. LATEST VERSION
  • Atain South Africa keeps this Privacy Policy under regular review and may update or make material changes this Privacy Policy from time to time.
  • It is your responsibility to regularly check our Privacy Policy for any updates or changes. Continued use of our services after any changes to this Privacy Policy will constitute your acknowledgment of the modifications and your agreement to abide by the updated terms.
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In the event of any material changes to this Privacy Policy, we will notify you of the update on our Website.

 
Atain SOUTH AFRICA PROPRIETARY LIMITED (“Atain South Africa”)
THE PROMOTION OF ACCESS TO INFORMATION MANUAL (“Manual”)
1. GENERAL NOTE
  • The Promotion of Access to Information Act, 2000 (“PAIA”), effective from 9 March 2001, aims to uphold the Constitutional right of access to information held by the State or any other person. It allows individuals and organisations to access records from both public and private bodies if the information is necessary to exercise or protect their rights. PAIA requires private bodies to disclose information if a requester demonstrates the need for it and no grounds for refusal apply. It also outlines the procedures for making such requests.
  • Section 51 of PAIA requires private bodies to create a manual to facilitate access to information held by them, detailing the minimum requirements for this manual.
  • This Manual serves as Atain South Africa’s compliance document under section 51 of PAIA, as amended by the Protection of Personal Information Act, 2013 (“POPIA”). POPIA enforces the Constitutional right to privacy and establishes standards for the protection of personal information processed by both public and private entities. It modifies certain provisions of PAIA to balance the right to information with the need to protect personal data. This includes creating an Information Regulator, issuing codes of conduct, and addressing rights related to unsolicited electronic communications and automated decision-making.
  • The Manual also covers procedures for submitting objections to the processing of personal information and requests to delete or destroy personal information or records in accordance with POPIA
2. ABOUT Atain SOUTH AFRICA

Atain South Africa is a customer experience company, defining and delivering transformative experiences for the global and most innovative brands using digital technologies. Atain South Africa provides integrated business process management, technology and digital services and solutions for clients across industries.

3. CONTACT DETAILS
Name of Private Body: Atain South Africa Proprietary Limited
Designated Information Officer: Chanel Sprieman
Email address of Information Officer: chanel.sprieman@atain.com
Contact number: +27 21 811 9577
Postal address: PO Box, 619, Pretoria, Gauteng, 0001
Street address: 6th Floor, The Box, 9 Lower Burg Street, Cape Town, 8000
4. INFORMATION REGULATOR’S GUIDE
  • An official guide has been compiled which contains information to assist a person wishing to exercise a right of access to information in terms of PAIA and POPIA (“Guide”). This Guide is made available by the Information Regulator.  Copies of the Guide are available from Information Regulator and the Information Officer free of charge.
  • Any request to inspect the Guide at Atain South Africa’s office or to obtain a copy of the Guide from the Information Officer must closely follow Form 1 in Annexure A of the PAIA Regulations, 2021. The form can be accessed via the following link: https://inforegulator.org.za/wp-content/uploads/2020/07/InfoRegSA-PAIA-Form01-Reg3.pdf.
  • Any enquiries regarding the Guide should be directed to:
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Postal address

JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001

Telephone number

+27 (0) 10 023 5200

E-mail address

enquiries@inforgulator.org.za

Website

https://inforegulator.org.za/

Link to access the form

InfoRegSA-PAIA-Form01-Reg2.pdf (inforegulator.org.za)

5. OBJECTIVES OF THIS MANUAL

The objectives of this Manual are:

  • to provide a list of all records held by Atain South Africa;
  • to outline who may request information under PAIA and the grounds on which requests can be denied;
  • to specify the manner and form for submitting information requests; and
  • to meet the additional requirements set by POPIA.
6. ENTRY POINT FOR REQUESTS
  • Under PAIA, a person can request information only if it is needed to exercise or protect a legitimate right.
  • To process a request, the requester must provide enough details for Atain South Africa to identify the right they seek to protect and explain why the information is necessary for that purpose. Requests cannot be used to access records for ongoing criminal or civil proceedings or to seek information after such proceedings have started.
  • The Information Officer is responsible for receiving and managing all PAIA requests to ensure compliance with PAIA and POPIA.
  • The Information Officer will work with the internal legal team to handle these requests.
  • All PAIA requests must be addressed to the Information Officer using the contact details in paragraph 3
7. AUTOMATICALLY AVAILABLE INFORMATION
  • Information about Atain South Africa that is available on the Atain South Africa website can be accessed directly and does not require a formal request under this Manual.
  • The following types of records are automatically available for inspection, purchase or photocopying:
    • brochures;
    • press releases;
    • publication; and
    • various other marketing and promotional material.
8. INFORMATION AVAILABLE IN TERMS OF POPIA
  • In terms of POPIA, personal information must be processed for a specified purpose. The purpose for which data is processed by Atain South Africa will depend on the nature of the data and the particular data subject.  This purpose is ordinarily disclosed, explicitly or implicitly, at the time the data is collected.
  • Categories of personal information collected by Atain South Africa
Atain South Africa collects the following information:
  • name, gender, age and date of birth;
  • contact information, such as address, email, and mobile phone number;
  • country of residence;
  • lifestyle and social circumstances (for example, your hobbies);
  • family circumstances (for example, your marital status and dependents);
  • employment and education details (for example, the organisation you work for, your job title and your education details);
  • financial and tax-related information (for example your income, investments and tax residency);
  • postings or messages on any blogs, forums, platforms, wikis or social media applications and services that we provide (including with third parties);
  • IP address, browser type and language, your access times;
  • information in any complaints you make;
  • details of how you use our products and services;
  • CCTV footage and other information we collect when you access our premises;
  • details of how you like to interact with us, and other similar information relevant to our relationship; and
  • sensitive or special personal information, as defined in applicable data protection legislation, including biometric information, such as images, fingerprints, and voiceprints.
  • The purpose of processing personal information
Atain South Africa processes personal information for the following purposes:
  • to provide services to clients;
  • to provide services to clients;
  • to meet legal or regulatory requirements;
  • conduct due diligence checks relating to the services;
  • for other activities that form part of the operation of our business;
  • managing and responding to any request you submit through our website;
  • promoting our professional services, products and capabilities to existing and prospective business clients;
  • sending invitations and providing access to guests attending our events and webinars or our sponsored events;
  • personalizing online landing pages and communications we think would be of interest based on interactions with us and group companies;
  • administering, maintaining and ensuring the security of our information systems, applications and websites; and
  • authenticating registered users to certain areas of Atain South Africa
  • A description of the categories of data subjects and of the information or categories of information relating thereto
Atain South Africa holds information and records on the following categories of data subjects:
  • actual and former employees/personnel of Atain South Africa;
  • prospective, existing or former customer (including representatives and/or personnel);
  • prospective, existing or former supplier of services to us (including representatives and/or personnel);
  • an applicant for any job opportunities with us;
  • a counterparty in contractual discussions with us, or an existing or former counterparty in a contractual relationship with us (including representatives and/or personnel);
  • a visitor on our website; or
  • any other data subjects whose personal information is processed by or on behalf of Atain South Africa.
  • The recipients or categories of recipients to whom the personal information may be supplied
Atain South Africa may share the personal information with the following:
  • to our subsidiaries who are contracted to provide products or services to you;
  • to assess and monitor applications for Atain South Africa products or services;
  • to determine which products and services may be of interest to a person and/or to send information about such products and services, unless the person objects or chooses not to receive such communications;
  • to have a better understanding of a data subject’s circumstances and needs to provide and improve Atain South Africa products and services;
  • to any relevant person and/or entity for purposes of prevention, detection and reporting of fraud and criminal activities, the identification of the proceeds of unlawful activities and the combatting of crime;
  • to any regulator or supervisory authority, including those in foreign jurisdictions, if Atain South Africa is required to do so in terms of Applicable Laws;
  • other parties in response to legal process or when necessary to conduct or protect Atain South Africa’s legal rights;
  • third party service providers who provide a service to Atain South Africa that involves the processing of personal information;
  • other third parties in the context of marketing or advertising but only where a data subject provides consent;
  • to a prospective buyer or seller of any of Atain South Africa’s businesses or assets;
  • to any person if Atain South Africa is under a duty to disclose or share personal information in order to comply with any Applicable Laws, or to protect the rights, property or safety of Atain South Africa, our customers or other third parties; and/or
  • to a data subject’s agent or any other person acting on their behalf, or an introducer.
  • Planned transborder flows of personal information
    • Atain South Africa is based in South Africa, and it may transfer personal information to another country where it operates or where an entity within its company group is based. The applicable regions are: Australia, China, Columbia, Egypt, India, Indonesia, Malaysia, Philippines, Romania, Singapore, Spain, United Arab Emirates, United States of America, United Kingdom, and Vietnam.
    • Atain South Africa may need to transfer personal information to an agent, sub-contractor or third party service provider in countries outside South Africa. These countries may not have data privacy laws similar to those of South Africa. If this happens, Atain South Africa will ensure that anyone who receives the personal information agrees to treat the information with the same level of protection as if Atain South Africa were dealing with it.
  • A general description of information security measures to be implemented by Atain South Africa
    • Atain South Africa takes extensive information security measures to ensure the confidentiality, integrity and availability of personal information in our possession. Atain South Africa takes appropriate technical and organisational measures designed to ensure that personal data remains confidential and secure against unauthorised or unlawful processing and against accidental loss, destruction or damage.
    • Atain South Africa has implemented the following data security measures (including but not limited to):
      • defined and documented information security policies, procedures, and standards;
      • firewalls in place to control inbound and outbound traffic;
      • regular data backups to safeguard against data loss;
      • data loss prevention technologies and policies;
      • enforced careful access controls to limit who can access confidential data on devices and systems;
      • sensitive data is encrypted to prevent unauthorised access;
      • robust monitoring, auditing, and reporting capabilities to detect and respond to security incidents;
      • utilisation of anti-virus and anti-malware solutions to prevent malicious attacks;
      • periodic assessments (vulnerability, penetration test, cyber etc.);
      • physical safeguards to protect hardcopies of information;
      • VPN to create secure, encrypted connection between remote users and Atain South Africa’s network; and
      • security awareness program to ensure that employees remain vigilant and informed about security risks and best practices.
9. INFORMATION AVAILABLE IN TERMS OF OTHER LEGISLATION
The following information is available in terms of certain provisions of the following legislation, as amended from time to time, as applicable to Atain South Africa:
Legislation Records
COMPANY SECRETARIAL
Broad-based Black Economic Empowerment Act, 2003 ·       Skills development section on the Financial Services Council report (no unique identifiers) ·       BBBEE status ·       BBBEE status of suppliers ·       Supplier employee information ·       Contractor and supplier agreements ·       List of suppliers, products, services and distributors
Close Corporations Act, 1984 ·       MOI ·       Minutes of meetings ·       Other records and correspondence
Companies Act, 2008 ·       MOI ·       Minutes of meetings ·       Other records and correspondence
Deed Registries Act, 1937 ·       Title deeds
Financial Intelligence Centre Act, 2001 ·       Identification and verification records ·       Customer due-diligence records ·       Risk management and compliance programme
Insolvency Act, 1936 ·       Contracts with the customer, third party, and between the customer and other persons ·       Details of contracts, customers, third party enter into with Atain South Africa ·       Details of transactions carried out with  Atain South Africa ·       Engagement letters ·       Minutes of meetings ·       Records of correspondence or enquiries from customers or anyone acting on customers’ behalf ·       Other Records and correspondence
COMPLIANCE
Hazardous Substances Act, 1973 ·       Information relating to Atain South Africa’s operations
National Environmental Management Act, 1998 ·       Environmental impact assessment reports
National Environmental Management: Air Quality Act, 2004 ·       Environmental impact assessment reports
National Environmental Management: Waste Act, 2008 ·       Environmental impact assessment reports
National Water Act, 1992 ·       Environmental impact assessment reports
Occupational Health & Safety Act, 1993 ·        Occupational health and safety (OHS) reports including the following: ·       Learning history report ·       OHS agreement ·       OHS appointment letters ·       Data Centre procedure documents ·       Incident reports ·       Personal information for workmen’s compensation ·       Personal information of visitors to our premises and branches ·       CCTV footage
Prevention and Combating of Corrupt Activities Act, 2004 ·       ABC Policy ·       Corrupt or fraudulent employee, customer or merchant activities ·       Reports on corrupt and fraudulent activities to law enforcement agencies ·       Code of Ethics
Promotion of Access to Information Act, 2000 ·       The PAIA manual ·       PAIA guide ·       PAIA forms
Protection of Personal Information Act, 2013 ·       Comprehensive Data Protection Policy ·       Document Retention Policy ·       Internal and Public Privacy Policy ·       Data Subject Access Request Policy ·       Cookie Policy ·       Data Breach Policy
Regulation of Interception of Communications and Provision of Communication-related Information Act, 2002 ·       Acceptable Use Policy ·       Mobile Device Policy
HUMAN RESOURCES
Basic Conditions of Employment Act, 1997 ·       Employee details ·       Labour relations reports ·       Information regarding dismissals for dishonesty-related behaviour ·       Information on disability, trade union membership, race and religion ·       Employee next of kin or emergency contact details ·       Conflict-of-interest declarations ·       Education information ·       Health and safety records ·       Pension and provident fund records ·       Leave records ·       Internal evaluations and performance records ·       Disciplinary records ·       Training records ·       Background checks
Compensation for Occupational Injuries and Health Diseases Act, 1993 ·       Record of the earnings and other prescribed particulars of all employees
Employment Equity Act, 1998 ·       Employment equity plans and targets
Labour Relations Act, 1995 ·       Disciplinary records, including outcomes ·       Labour relations reports ·       Arbitration awards ·       Records of strike action and protests
Medical Schemes Act, 1998 ·       Medical aid details
Pension Funds Act, 1956 ·       Pension and Provident Fund details
Skills Development Act, 1998 ·       Training and Development reports
Skills Development Levies Act, 1999 ·       Skills levy reports
TAX
Income Tax Act, 1962 ·       IT3 ·       IRP5 ·       T3a ·       Monthly IRP5 file ·       Unemployment Insurance Fund (UIF) files ·       PAYE information ·       SDL information ·       VAT record ·       Ledgers ·       Cash books ·       Journals ·       Bank statements ·       Deposit slips ·       Invoices ·       Other books of accounts ·       Electronic representations of information.
Tax Administration Act, 2011 ·       Audited financial statements ·       Taxation records ·       Asset registers ·       Management accounts ·       Audit and Risk Committee reports ·       Operational
Value Added Tax Act, 1991 ·       Invoices ·       Tax invoices ·       Credit note ·       Debit notes ·       Bank statements ·       Deposit slips ·       Stock lists
Unemployment Insurance Act, 2001 ·       Unemployment Insurance Fund (UIF) files ·       PAYE information
10. CATEGORIES OF RECORDS AVAILABLE UPON REQUEST
  • Atain South Africa keeps records in the categories and on the subject matters listed below. Listing these categories or subject matters in this Manual does not guarantee that a request for access will be granted. Each request will be assessed individually in accordance with PAIA’s provisions.
  • Many records held by Atain South Africa involve third parties, such as customers and employees. Atain South Africa is committed to protecting third-party confidential information. For details on the grounds for refusing access to records, refer to paragraph 5 below. Requests for access to third-party records will be reviewed with care. Please ensure that your requests are well-justified.
Category of records Records
Internal records The records listed pertain to Atain South Africa’s own affairs ·          Memoranda and articles of association ·          Financial records ·          Operational records ·          Intellectual property ·          Marketing records ·          Internal correspondence ·          Service records ·          Statutory records ·          Internal policies and procedures ·          Minutes of meetings
Personnel records For the purposes of this section, “personnel” means any person who works for or provides services to or on behalf of Atain South Africa and receives or is entitled to receive any remuneration and any other person who assists in carrying out or conducting the business of Atain South Africa.  This includes partners, directors, all permanent, temporary and part-time staff as well as consultants and contract workers. ·           Any personal records provided to us by our personnel ·           Any records a third party has provided to us about any of their personnel ·           Conditions of employment and other personnel-related contractual and quasi legal records ·            Employment policies and procedures ·           Internal evaluation and disciplinary records ·           Other internal records and correspondence ·           Medical scheme reports ·           Pension scheme reports
Customer-related records ·           Contracts with the customer and between the customer and other persons
Investee/Portfolio company-related records ·           Documents processed during the assessment and review of prospective investment opportunities ·           Contracts with investees/portfolio companies and between such entities and other persons
Other third party records Records are kept in respect of other parties, including without limitation joint ventures and consortia to which Atain South Africa is a party, contractors and sub-contractors, suppliers, service providers, and providers of information regarding general market conditions.  In addition, such other parties may possess records which can be said to belong to Atain South Africa. ·           Personnel, customers, or Atain South Africa records which are held by another party as opposed to being held by Atain South Africa ·           Records held by Atain South Africa pertaining to other parties, including financial records, correspondence, contractual records, records provided by the other party, and records third parties have provided about the contractors or suppliers
Other records ·           Information relating to Atain South Africa ·           Research information belonging to Atain South Africa or carried out on behalf of a third party
Transformation and Stakeholder Development Records ·           Proposals for funding received ·           Records concerning organisations receiving support ·           Schedules of approved projects ·           Reports, books, publications and general information ·           Records and contracts of agreements
Supply Chain Records ·           Policies and procedures manuals ·           Purchasing agreements ·           Material catalogue for stock items ·           Supply contract Vendor list
Corporate Affairs Records ·           Database of current and past institutional investors ·           Database of analysts ·           Media database ·           General mailing lists ·           Promotional material ·           Company article and newspaper records ·           Presentations on Atain South Africa ·           Market research on Atain South Africa and peers ·           Company press releases ·           Media coverage on Atain South Africa and peers
Treasury Records ·           Correspondence ·           Mandates and resolutions ·           Service contracts ·           Facility letters ·           Transitional records
Finance Records ·           Records for Atain South Africa comprise: ·           Vendor invoices ·           Remittance advices ·           Accounts receivable ·           Banking records ·           Management and monthly accounts, quarterly and annual financial statements ·           External audit reports and records ·           Annual budgets ·           Accounting policies and procedures ·           Guarantees, undertakings, subordinations, bonds and similar liabilities
Legal Records ·           Details of external counsel used by the company (locally and abroad) ·           Offshore company data sheets ·           Copies of agreements to which group companies are party to ·           List of current matters ·           Details of legal proceedings ·           General legal correspondence
Tax Records ·           Tax returns as filed with the South African Revenue Services (SARS) ·           Correspondence with SARS on various issues – including objections to assessments, rulings obtained etc ·           Documentation on tax advice and opinions obtained from external counsel
11. REMEDIES AVAILABLE TO A REQUESTER ON REFUSAL OF ACCESS
  • Requests for access and correction (completing the prescribed form)
    • Any request for access to a record in terms of PAIA must substantially correspond with Form 2 of Annexure A of the PAIA Regulations, 2021 and should be specific in terms of the record requested. The form can be accessed via the following link: InfoRegSA-PAIA-Form02-Reg7.pdf (inforegulator.org.za).
    • Requests for access to information that do not comply with the formal requirements prescribed by PAIA will be returned to the requester.
    • Under POPIA, a data subject may request Atain South Africa, upon proof of identity, to confirm all information held about them and request access to such information, including the identity of third parties who have had access to it. This request must be fulfilled free of charge.
    • POPIA also stipulates that if a fee is required for the service provided, Atain South Africa must provide a written estimate of the payable amount before providing the service. Atain South Africa may require the data subject to pay a deposit for all or part of the fee.
    • Grounds for refusal of the data subject’s request are set out in PAIA and are discussed below.
    • Under POPIA, a data subject may object, at any time, to the processing of their personal information by Atain South Africa on reasonable grounds related to their particular situation, unless otherwise provided by legislation. The objection must be submitted using the prescribed form to the Information Officer via the contact details provided above. The form can be accessed via the following link: FORM-1-OBJECTION-TO-THE-PROCESSING-OF-PERSONAL-INFORMATION.pdf (inforegulator.org.za).A data subject may also request Atain South Africa to correct or delete personal information that is inaccurate, irrelevant, excessive, outdated, incomplete, misleading, or unlawfully obtained. Alternatively, the data subject may request the destruction or deletion of a record of personal information that Atain South Africa is no longer authorised to retain under POPIA’s retention and restriction provisions.
    • Requests for correction or deletion of personal information or the destruction or deletion of a record must be submitted to the Information Officer using the prescribed form. The form can be accessed via the following link: FORM-2-REQUEST-FOR-CORRECTION-OR-DELETION-OF-PERSONAL-INFORMATION-OR.pdf (inforegulator.org.za).
  • Proof of identity
Proof of identity is required to authenticate your identity and the request. In addition to the prescribed form, you will need to submit acceptable proof of identity, such as a certified copy of your identity document or other legal forms of identification.
  • Payment of the prescribed fees
    • Fees to pay:
      • Request fee: R140.00.
      • Access fee: This fee covers the costs of copying the information, searching for it, preparing it, and mailing it. These fees are set out in Annexure A.
    • According to Section 54 of PAIA, Atain South Africa can charge fees to cover the costs of processing your request and providing access to the records. The fees are listed in Annexure B of the PAIA Regulations, 2021.
    • If your request is approved, you will need to pay all the required fees before Atain South Africa can give the requester access to the records.
  • Timelines for consideration of a request for access
    • Requests will be processed within 30 (thirty) days, unless the request contains considerations that are of such a nature that an extension of the time limit is needed.
    • The Information Officer will inform the requester of the decision, and the fees payable (if applicable) on a form that corresponds substantially with Form 3 of Annexure A of the PAIA Regulations, 2021. The form can be accessed via the following link: Form-3-PAIA.pdf (inforegulator.org.za).
    • Should an extension be required, you will be notified, together with reasons explaining why the extension is necessary.
  • Reasons to refuse access
    • We may refuse your request for access to a record for various reasons, including:
      • protecting a third person’s personal information from being shared unfairly;
      • protecting a third party’s commercial information, such as trade secrets or financial details, that could harm their business interests;
      • if sharing the information would break a confidentiality agreement with a third party;
      • if sharing the information could endanger someone’s safety or affect someone’s property rights;
      • if the record was created during legal proceedings, unless legal privilege has been waived;
      • if the record contains trade secrets or sensitive financial information that could put us at a disadvantage or harm our competitive position; or
      • if the record includes information about research being done for a third party or by Atain South Africa.
    • Mandatory disclosure:
According to Section 70 of PAIA, Atain South Africa must disclose a record if:
  • it reveals a serious violation of the law; or
  • there is an imminent and serious risk to public safety or the environment; and
  • the public interest in disclosing the record outweighs any harm that might come from sharing it.
  • If the request for access to information affects a third party, then such third party must first be informed within 21 (twenty one) days of receipt of the request. The third party would then have a further 21 (twenty one) days to make representations and/or submissions regarding the granting of access to the record.
12. AVAILABILITY OF THIS MANUAL
Copies of this Manual are available for inspection, free of charge, at the offices of Atain South Africa and on Atain South Africa’s website:  www.atain.com.   
  • Annexure A FEES IN RESPECT OF PRIVATE BODIES
FEES IN RESPECT OF PRIVATE BODIES
Item Description Amount
1. The request fee payable by every requester R140.00
2. Photocopy of A4-size page R2.00 per page or part thereof.
3. Printed copy of A4-size page R2.00 per page or part thereof.
4. For a copy in a computer-readable form on: (i)            Flash drive (to be provided by requestor) (ii)           Compact disc ·        If provided by requestor ·        If provided to the requestor R40.00 R40.00 R60.00
5. For a transcription of visual images per A4-size page Service to be outsourced. Will depend on quotation from Service provider.
6. Copy of visual images Service to be outsourced. Will depend on quotation from Service provider.
7. Transcription of an audio record, per A4-size page R24.00
8. Copy of an audio record on: (i)            Flash drive (to be provided by requestor) (ii)           Compact disc ·        If provided by requestor ·        If provided to the requestor R40.00 R40.00 R60.00
  9. To search for and prepare the record for disclosure for each hour or part of an hour, excluding the first hour, reasonably required for such search and preparation. To not exceed a total cost of R145.00 R435.00
10. Deposit: If search exceeds 6 hours One third of amount per request calculated in terms of items 2 to 8.
11. Postage, e-mail or any other electronic transfer Actual expense, if any.
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