PAIA MANUAL

Stryde Consulting carries on business within the consulting sector and is regarded as a private body in terms of PAIA. The Company delivers a range of HR, IR, Employment Law and POPIA solutions to various sectors.

This Promotion of Access to Information Manual (“Manual”) provides an outline of the type of records and the personal information it holds and explains how to submit requests for access to these records in terms of the Promotion of Access to Information Act 2 of 2000 (“PAIA”). In addition, it explains how to access, or object to, personal information held by the Company, or request correction of the personal information, in terms of sections 23 and 24 of the Protection of Personal Information Act 4 of 2013 (“POPIA”).

PAIA and POPIA give effect to everyone’s constitutional right of access to information held by private sector or public bodies, if the record or personal information 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 interest.

Stryde Consulting is fully commited to the implementation of a PAIA Policy, positively and proactively to ensure that information under its control is available and accessible, thus give effect to the letter and spirit if the fundamental right of access to information and of the applicable constitutional principles.

2 Availability of the PAIA Manual

As per section 51(3) of PAIA, this Manual is available for inspection by the general public upon request, during office hours and free of charge, at the offices of Stryde Consulting. Copies of the Manual may be made, subject to the prescribed fees.

This manual is published on the Company website at www.strydeconsulting.co.za or alternatively, a copy can be requested from the Deputy Information Officer (see contact details in section 2).

2.1 Availability of guides to PAIA and POPIA

The Regulator has, in terms of section 10(1) of PAIA, updated and made available the revised guide on how to use PAIA (“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 POPIA.

The Guide is available in each of the official languages and in braille.

Members of the public can inspect or make copies of the Guide from the offices of the public and provate bodies, including the office of the Regulator, during normal working hours.

The Guide can also be obtained upon request to the Information Officer or the website of the Regulator (www.justice.gov.za/inforeg ).

The contact details of the Regulator is as follows:

INFORMATION REGULATOR

The Information Regulator

P.O. Box 31533,

Braamfontein,

Johannesburg,

2017

JD House, 27 Stiemens Street,

Braamfontein, Johannesburg, 2001

Telephone number: +27 (0) 10 023 5200

Website : www.justice.gov.za/inforeg

Email: inforeg@justice.gov.za

3. Company contact details

Name STRYDE CONSULTING

Registration Number 2018/314747/07

Value Added Tax Number 4770296350

Chief Executive Officer WYNAND STRYDOM

CEO contact number 082 415 6658

CEO email address wynand@strydeconsult.co.za

Deputy Information Officer Inge Labuschagne

Telephone 082 884 3605

Email inge@strydeconsult.co.za

Street Address 5 Bauhinia street, Cambridge Office Park, Unit 20

Postal Address

Access to information general contacts: all requests should be made to the Deputy Information Officer.

Website www.strydeconsult.co.za

3 Company records

3.1 Automatic disclosure: Sec 51(1)(c) of PAIA – Records automatically available to the Public

No notice has been published in terms of section 52 of PAIA. However, the following records are automatically available at the registered office of Stryde Consulting on payment of the prescribed fee for reproduction.

Documentation and information relating to Stryde Consulting which is held by the Companies and Intellectual Properties Commission in accordance with the requirements set out in set out in section 25 of the Companies Act 71 of 2008.
Services and Promotional Brochures.
News and other Marketing Information.

3.2 Legislative requirements: Sec 51(1)(d) – Records available in accordance with other legislation

Basic Conditions of Employment Act 57 of 1997
Broad-based Black Economic Empowerment Act 53 of 2003
Close Corporations Act No 69 of 1984
Compensation for Occupational Injuries and Diseases Act 61 of 1997
Companies Act 71 of 2008
Competition Act 89 of 1998
Constitution of South Africa Act 108 of 1996
Copyright Act 98 of 1987
Consumer Protection Act 68 of 2008
Electronic Communications and Transactions Act 25 of 2002
Employment Equity Act 55 of 1998
Income Tax Act 58 of 1962
Intellectual Property Laws Amendment Act 38 of 1997
Labour Relations Act 66 of 1995
Occupational Health and Safety Act No 85 of 1993
Pension Funds Act No 24 of 1956
Promotion of Access to Information Act 2 of 2000
Protection of Personal Information Act 4 of 2013
Skills Development Levies Act 97 of 1998
Trademarks Act 194 of 1993
Unemployment Insurance Act 63 of 2001
Value Added Tax Act 89 of 1991

Records kept in terms of the above legislation may, in certain instances (and insofar as the information contained therein is of a public nature) be available for inspection without a person having to request access thereto in terms of the Act.

Although Stryde Consulting has used its best endeavours to supply you with a list of applicable legislation it is possible that the above list may be incomplete.

3.3 Records held by Stryde Consulting: Sec 51(1)(e) – Stryde Consulting Record Subjects and Categories

NOTE: This section of the Manual sets out the categories and descriptions of records held by Stryde Consulting. The inclusion of any category of records should not be taken to mean that records falling within that category will be made available under PAIA. In particular, certain grounds of refusal as set out in Chapter 4 of PAIA may be applicable to a request for such records.

3.3.1 Corporate affairs, communications, and marketing

Media Releases
Newsletters and Publications
Corporate Social Investment
Brochures, newsletters, and advertising material
Client information
Marketing brochures
Marketing strategies
Product and services brochures
Policies and procedures

3.3.2 Corporate governance

Applicable Statutory Documents
Annual Reports
Board of Directors and Board Committee Terms of Reference
Codes of Conduct
Executive Committee Meeting Minutes
Legal Compliance Records
Memoranda of Incorporation
Minutes of Board of Directors and Board Committee Meetings
Minutes of Shareholders’ Meetings
Corporate Policies and Procedures
Share Certificates
Shareholder Agreements
Share Registers
Strategic plans
Statutory Returns to Relevant Authorities
List of employees

3.3.3 Finance and taxation

Policies and Procedures
Accounting Records
Annual Financial Statements
Audit Reports
Capital Expenditure Records
Investment Records
Invoices and Statements
Management Reports
Purchasing Records
Sale and Supply Records
Tax Records and Returns
Transactional Records
Management Accounts
Asset Register
Payroll Records
Banking records
Bank facilities and account details

3.3.4 Human resources

Education and Training Records
Employee Benefit Records
Employment Contracts
Employment Equity Records
Employee Information
Employee Share Option Scheme
Policies and Procedures
Leave Records
Medical Records
Study assistance scheme/s
Tax Returns of employees
UIF Returns
Incident records
Employee Disability Insurance Records

3.3.5 Information technology

Agreements
Disaster Recovery
Hardware and Software Packages
Policies and Procedures
Internal Systems Support and Programming
Licenses
Operating Systems

3.3.6 Facilities management

Physical Security Records (Visitors, Suppliers, Contractors, Employees)
Electronic Access & Identity Management Records (Employees, Contractors)
Time and Attendance Records

3.3.7 Intellectual property

Trademark applications
Agreements relating to intellectual property
Copyrights

3.3.8 Legal

General Contract Documentation
Company Guidelines, Policies and Procedures
Complaints, pleadings, briefs, and other documents pertaining to any actual or pending litigation, arbitration, or investigation.
Material licenses, permits and authorizations.
Employee, customer, and supplier information
Immovable Property Records
Statutory Records
Insurance Records

3.3.9 Clients and financial institutions

Client documentation
Correspondence with clients
Correspondence with third parties
All information relating to or held on behalf of clients.
Details of financial services providers
Credit provider details.
Declaration regarding insolvency
Debt review and sequestration.

3.3.10 Procurement Management

Service Provider and Supplier Records.

4 Processing of personal information

Stryde Consulting takes the privacy and protection of personal information very seriously and will only process personal information in accordance with the current South African privacy. Accordingly, the relevant personal information privacy principles relating to the processing thereof (including, but not limited to, the collection, handling, transfer, sharing, correction, storage, archiving and deletion) will be applied to any personal information processed by Stryde Consulting.

4.1 The purpose of processing of personal information by Stryde Consulting

4.1.1 Stryde Consulting processes personal information for variety of purposes including but not limited to the following:

Fulfilling its statutory obligations in terms of applicable legislation;
Verifying information provided to Stryde Consulting;
Obtaining information necessary to provide contractually agreed services to a customer;
Monitoring, maintaining, and managing Stryde Consulting’s contractual obligations to customers, clients, suppliers, service providers, employees, directors and other third parties;
for travel purposes
for recruitment purposes;
for employment purposes;
Marketing and advertising;
for health and safety purposes;
Resolving and tracking complaints;
Monitoring and securing the assets, employees, and visitors to the premises of Stryde Consulting;
to help us improve the quality of our products and services;
to help us detect and prevent fraud and money laundering
Historical record keeping, research and recording statistics necessary for fulfilling Stryde Consulting’s business objectives.

4.2 Categories of data subjects and personal information processed by Stryde Consulting

4.2.1 Stryde Consulting may process the personal information of the following categories of data subjects, which includes current, past, and prospective data subjects:

Customer and employees, representatives, agents, contractors, and service providers of such customers;
Suppliers, service providers to and vendors of Stryde Consulting and employees, representatives, agents, contractors and service providers of such suppliers and service providers;
Directors and officers of Stryde Consulting;
Shareholders;
Existing and former employees (including contractors, agents, temporary and casual employees);
Visitors to any premises of Stryde Consulting;
Complaints, correspondents, and enquiries; and
to monitor access, secure and manage our premises and facilities.

The nature of personal information processed in respect of the above data subjects may include, as may be applicable:

Name, identifying number, symbol, email address, physical address, telephone number, location information, online identifier, or other particular assignment to the person;
Biometric information;
Information relating to the education or the medical, financial, criminal or employment history of the data subject;
Information relating to the rate, gender, marital status, national origin, age disability, language, and birth of the data subject;
The personal opinions, views, or preferences of the data subject;
Confidential correspondence sent by the data subject;
The views of opinions of another individual about the data subject.

4.3 Recipients or categories of recipients with whom personal information is shared

4.3.1 Stryde Consulting may supply personal information to the following recipients:

Regulatory, statutory and government bodies;
Suppliers, service providers, vendors, agents, and representatives of Stryde Consulting;
Employees of Stryde Consulting;
Shareholders and other stakeholders;
Third party verification agencies and credit bureau;
Banks and other financial institutions.

Stryde Consutling does not share the personal information of our data subjects with any third parties, except if:

Stryde Consulting is obliged to provide such information for legal or regulatory purposes;
Stryde Consulting is required to do so for purposes of existing or future legal proceedings,
Stryde Consulting is selling one or more of our businesses to someone to whom we may transfer our rights under any customer agreement we have with you;
Stryde Consulting is involved in the prevention of fraud, loss, bribery, or corruption;
they perform services and process personal information on our behalf;
this is required to provide or manage any information, products and/or services to data subjects; or
needed to help Stryde Consulting improve the quality of our products and services.

Stryde Consulting shall send our data subjects notifications or communications if we are obliged by law, or in terms of our contractual relationship with them.

Stryde Consulting shall only disclose personal information to government authorities if we are required to do so by law.

Stryde Consulting employees, contractors, and suppliers, are required to adhere to data privacy and confidentiality principles.

5 Information security measures to protect personal information

Stryde Consulting continuously establishes and maintains appropriate, reasonable technical and organisational measures to ensure that the integrity of the personal information in its possession or under its control is secure and that such information is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration or access by having regard to the requirements set forth in law, in industry practice and generally accepted information security practices and procedures which apply to Stryde Consulting.

6 Trans-border flows of personal information

Personal information of data subjects may be transferred across borders due to the hosting of some projects and applications in foreign jurisdictions. Current employees and consultants’ information may also be transferred transborder where Stryde Consulting has a physical presence or may be providing services or performing in terms of its contractual obligations.

Stryde Consulting shall only transfer personal information across South African borders if the relevant business transactions or situation requires trans-border processing and will do so only in accordance with South African legislative requirements; or if the data subject consents to transfer of their personal information to third parties in foreign countries.

Stryde Consulting shall take steps to ensure that customers, clients, and service providers are bound by laws, binding corporate rules or binding agreements that provide an adequate level of protection and uphold principles for reasonable and lawful processing of personal information, in terms of POPIA.

Stryde Consulting shall take steps to ensure that operators that process personal information in jurisdictions outside of South Africa, apply adequate safeguards as outlined in this manual.

7 Personal information received from third parties

For personal information received from a third party on behalf of a data subject, Stryde Consulting shall require confirmation that they have written consent from the data subject, that they are aware of the contents of this PAIA manual and the Stryde Consulting Privacy Policy, and do not have any objection to Stryde Consulting processing their information in accordance with this manual and policy.

8 Policy with regard to Confidentiality and Access to Information

Stryde Consulting will protect the confidentiality of information provided by third parties, subject to Stryde Consulting’s obligations to disclose information in terms of any applicable law or a court order requiring disclosure of the information.

If access is requested to a record that contains information about a third party, Stryde Consulting is obliged to attempt to contact the third party to inform them of the request.

This enables the third party the opportunity of responding by either consenting to the access or by providing reasons why the access should be denied. In the event that the third-party furnishing reasons for the support or denial of access, the Information Officer will consider these reasons in determining whether access should be granted, or not.

9 Access procedure and requests

The purpose of this section is to provide requesters with sufficient guidelines and procedures to facilitate a request for access to a record held by Stryde Consulting.

It is important to note that an application for access to information can be refused in the event that the application does not comply with the procedural requirements. In addition, the successful completion and submission of an access request form does not automatically allow the requester access to the requested record. An application for access to a record is subject to certain limitations if the requested record falls within a certain category as specified within Part 3 Chapter 4 of the Act.

If it is reasonably suspected that the requester has obtained access to Stryde Consulting’s records through the submission of materially false or misleading information, legal proceedings may be instituted against such requester.

9.1 Guidance on completion of prescribed access form

In order for Stryde Consulting to facilitate access to a record, the requester shall:

Complete the prescribed form contained in the PAIA manual.
Address your request to the Deputy Information Officer either via conventional mail or e-mail.
Provide sufficient detail to enable the Company to identify:
The record(s) requested.
The requestor (and, if an agent is lodging the request, proof of capacity).
The South African postal address or email address of the requestor.
The form of access required.
The South African postal address or email address of the requestor.
If the requester wishes to be informed of the decision in any manner (in addition to written) the manner and particulars thereof.

9.2 Prescribed fees

Payment details can be obtained from the Deputy Information Officer and payment can be made either a direct deposit or electronic fund transfer (no credit card payments are accepted). Proof of payment must be supplied. Four types of fees are provided for in terms of the Act:

Request fee: An initial, non-refundable R 50 (incl. VAT) is payable on submission. This fee is not applicable to Personal Requesters, referring to any person seeking access to records that contain their personal information.
Reproduction fee: This fee is payable with respect to all records that are automatically available.
Access fee: If the request for access is successful an access fee may be required to re-imburse Stryde Consulting for the costs involved in the search, reproduction and/or preparation of the record and will be calculated based on the Prescribed Fees as set out in Part III of Annexure A of the Regulations to the Act.
Deposit: A deposit of one third (1/3) of the amount of the applicable access fee, is payable if Stryde Consulting receives a request for access to information held on a person other than the requester himself/herself and the preparation for the record will take more than six (6) hours. In the event that access is refused to the requested record, the full deposit will be refunded to the requester.

9.3 Notification

Stryde Consulting shall within thirty (30) 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 thirty (30) day period within which Stryde Consulting has to decide whether to grant or refuse the request, may be extended for a further period of not more than thirty (30) days, if the request is for a large volume of information, or the request requires a search for information held at another office of Stryde Consulting and the information cannot be reasonably be obtained within the original thirty (30) day period. Stryde Consulting will notify the requester in writing should an extension be sought.

If the request for access to a record is successful, the requester will be notified of the following:

The amount of the access fee payable upon gaining access to the record;
An indication of the form in which the access will be granted; and
Notice that the requester may lodge an application with a court against the payment of the access fee and the procedure, including the period, for lodging the application.

If the request for access to a record is not successful, the requester will be notified of the following:

Adequate reasons for the refusal (refer to Third Party Information and Grounds for Refusal); and
That the requester may lodge an application with a court against the refusal of the request and the procedure, including the period, for lodging the application.

10 Records that cannot be found or do not exist

If, after all reasonable steps to locate a record have been taken, and no record is found, the Information Officer will notify the Requester by way of an affidavit or affirmation. This will include the steps that were taken to try to locate the record.

Should a record be found at a later stage, the Information Officer shall provide the requester access to such record, unless access to the record is refused on the grounds permitted by Chapter 4 of PAIA.

11 Grounds for refusal of access to records and remedies

Requests may be refused on the following grounds, as set out in the Act:

Mandatory protection of privacy of a third party who is a natural person, including a deceased person, which would involve the unreasonable disclosure of personal information of that natural person;
Mandatory protection of commercial information of a third party or Stryde Consulting, if the record contains:
Trade secrets of the third party or Stryde Consulting;
Financial, commercial, scientific, or technical information which disclosure could likely cause harm to the financial or commercial interests of the third party or Stryde Consulting; and
Information disclosed in confidence by a third party to Stryde Consulting if the disclosure could put that third party to a disadvantage or commercial competition.
Mandatory protection of certain confidential information of a third party if disclosure of the record would result in a breach of a duty of confidence owed to that party in terms of an agreement;
Mandatory protection of the safety of individuals, and the protection of property;
Mandatory protection of records privileged from production in legal proceedings, unless the legal privilege has been waived; and
Mandatory protection of research information of a third party and of Stryde Consulting.

12 Remedies

Stryde Consulting does not have internal appeal procedures regarding PAIA and POPIA requests. As such, the decision made by the duly authorised persons in this manual, is final. If a request is denied, the requestor is entitled to apply to a court with appropriate jurisdiction, or the Information Regulator, for relief.

13 Updating of the manual

The head of Stryde Consulting will on a regular basis update this manual.

Issued by

____________________

Information Officer (CEO)

To Lodge a Dispute

Download our PAIA Manual below, fill in the form and submit the completed form to info@strydeconsult.co.za.

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