THE PROMOTION OF ACCESS TO INFORMATION ACT (PAIA)
HE PROMOTION OF ACCESS TO INFORMATION ACT (PAIA)
This Manual is published in terms of Section 51 of the Promotion of Access to Information Act, No. 2 of 2000 (“the Act”).
The Act gives effect to the provisions of Section 32 of the Constitution of the Republic of South Africa, No. 108 of 1996, which provides for the right of access to information held by the State and to information held by another person that is required for the exercise and/or protection of any right.
The reference to any information in addition to that specifically required in terms of Section 51 of the Act does not create any right or entitlement (contractual or otherwise) to receive such information, other than in terms of the Act.
CONTACT DETIALS
Name of Private Body Designated Information
Easy Smart Solutions (Pty) Ltd
Officer Email address of Information Officer
Robert Clarke: legal@easysmartsolutions.co.za
Postal address
P.O. Box 6204, Meyersdal
Street address
137 Hennie Alberts, Brackenhurst, Alberton, 1448
Phone number
+27 108 808 662
OVERVIEW
Easy Smart Solutions (Pty) Ltd (“Easy Smart”) supplies technology solutions across all major industry verticals.
These services are applied to provide high value solutions for both private and enterprise clients
Easy Smart supports the constitutional right of access to information and we are committed to provide you access to our records in accordance with the provisions of the Act, the confidentiality we owe third parties and the principles of South African law.
AVAILABILITY OF THIS MANUAL
A copy of this Manual is available on the Easy Smart website (PAIA) or by sending a request for a copy to the Information Officer by email legal@easysmartsolutions.co.za .
The Manual may also be obtained from our head office, the South African Human Rights Commission (“SAHRC”) at the addresses set out below or from the Government Printers. This Manual will be updated from time to time, as and when required.
HOW TO REQUEST ACCES TO RECORDS HELD BY EASY SMART
• Requests for access to records held by Easy Smart must be made on the request forms that are available from our website and office, from the SAHRC website (www.sahrc.org.za) or the Department of Justice and Constitutional Development (www.doj.gov.za) (under “regulations”).
- A request fee may be payable. The schedule of fees can be accessed here. You can submit a request without paying the request fee but please note that payment of the prescribed fees must be made before the request will be processed.
• Requests for access to records must be made to our Information Officer at the address, fax number or electronic mail address provided for below.
• The requester must provide sufficient detail on the request form to enable the Information Officer to identify the record and the requester. The requester should also indicate which form of access is required and indicate if he or she wishes to be informed in any other manner and state the necessary particulars to be so informed.
• The requester must identify the right that he or she is seeking to exercise or protect and provide an explanation of why the requested record is required for the exercise or protection of that right.
• If a request is made on behalf of a person, the requester must then submit proof of the capacity in which the requester is making the request to the satisfaction of the Information Officer of Easy Smart.
• The standard form that must be used for the making of requests can be accessed here. Not using this form could cause your request to be refused (if you do not provide sufficient information or otherwise) or delayed.
• Kindly note that all requests to Easy Smart will be evaluated and considered in accordance with the Act. Publication of this manual and describing the categories and subject matter of information held by Easy Smart does not give rise to any rights (in contract or otherwise) to access such information or records except in terms of the Act.
HOW TO ACCESS THE GUIDE AS DESCRIBED IN SECTION 10 OF THE ACT.
The Guide described in Section 10 of the Act is available from the South African Human Rights Commission. Please direct any queries to:
• The South African Human Rights Commission:
• PAIA Unit
• The Research and Documentation Department
• Postal address: Private Bag 2700, Houghton, 2041
• Telephone: +27 11 484 8300
• Fax: +27 11 484 0582
• Website: www.sahrc.org.za
• E-mail: paia@sahrc.org.zaVOLUNTARY DISCLOSURE
Easy Smart has not published a notice in terms of Section 52(2) of the Act, however, it should be noted that the information relating to Easy Smart and its services is freely available on Easy Smart’s website.
Certain other information relating to Easy Smart is also made available on Easy Smart’s website from time to time.
Further information in the form of marketing brochures, advertising material and other public communication is made available from time to time.RECORDS AVAILABLE IN TERMS OF ANY OTHER LEGISLATION
Information is available in terms of the following legislation to the persons or entities specified in such legislation:
• Companies Act, No. 61 of 1973
• Income Tax Act, No. 58 of 1962
• Value Added Tax Act, No. 89 of 1991
• Labour Relations Act, No. 66 of 1995
• Basic Conditions of Employment Act, No. 75 of 1997
• Employment Equity Act, No. 55 of 1998
• Skills Development Levies Act, No. 9 of 1999
• Unemployment Insurance Act, No. 30 of 1966
• Electronic Communications and Transactions Act, No. 25 of 2002.
• Telecommunications Act, No. 103 of 1996
• Electronic Communications Act, No. 36 of 2005
• ICASA Act, No. 13 of 2000
• Film and Publications Act, No. 65 of 1996
• Regulation of Interception of Communications and Provision of Communication-related Information Act, No. 70 of 2002RECORDS HELD BY EASY SMART
Easy Smart maintains records on the following categories and subject matters.
However, please note that recording a category or subject matter in this Manual does not imply that a request for access to such records would be honoured.
All requests for access will be evaluated on a case by case basis in accordance with the provisions of the Act.INTERNAL RECORDS
The following are records pertaining to Easy Smart’s own affairs and those of its divisions, subsidiary and associated companies:
• Memorandum and Articles of Association
• Financial records
• Operational records
• Licences
• Intellectual property
• Marketing records;
• Internal correspondence;
• Product records;
• Statutory records;
• Internal policies and procedures;
• Records held by officials of Easy Smart.PERSONAL RECORDS
Personal refers to any person who works for or provides services to or on behalf of Easy Smart and receives or is entitled to receive any remuneration and any other person who assists in carrying out or conducting the business of Easy Smart. This includes, without limitation, directors, executive directors, non-executive directors, all permanent, temporary and part-time staff as well as contract workers.
Personnel records include the following:
• Any personal records provided to Easy Smart by their personnel;
• Any records a third party has provided to Easy Smart about any of their personnel;
• Conditions of employment and other personnel-related contractual and quasi legal records;
• Internal evaluation records; and
• Other internal records and correspondence.CUSTOMER RECORDS
Please be aware that Easy Smart is very concerned about protecting the confidential information of its customers.
Please motivate any request for customer information very carefully, having regard to Sections 63 to 67 of the Act.Customer information includes the following:
• Any records a customer has provided to Easy Smart or a third party acting for or on behalf of Easy Smart;
• Contractual information;
• Customer needs assessments;
• Personal records of customers;
• Credit information and other research conducted in respect of customers;
• Any records a third party has provided to Easy Smart about customers;
• Confidential, privileged, contractual and quasi legal records of customers;
• Customer evaluation records;
• Customer profiling;
• Performance research conducted on behalf of customers or about customers;
• Any records a third party has provided to Easy Smart either directly or indirectly; and
• Records generated by or within Easy Smart pertaining to customers, including transactional records.OTHER PARTIES
Records are kept in respect of other parties, including without limitation contractors, suppliers, joint ventures, service providers and general market conditions.
In addition, such other parties may possess records, which can be said to belong to Easy Smart. The following records fall under this category:• Personnel, customer or Easy Smart records which are held by another party as opposed to being held by Easy Smart; and
• Records held by Easy Smart pertaining to other parties, including financial records, correspondence, contractual records, electronic mail, logs, cached information, records provided by the other party, and records third parties have provided about the contractors/suppliers or customer.OTHER RECORDS
Further records are held including:
• Information relating to Easy Smart’s own commercial activities; and
• Research carried out on behalf of a client by Easy Smart or commissioned from a third party for a customer;
• Research information belonging to Easy Smart, whether carried out itself or commissioned from a third party.