Protection of Personal Information Act (POPI Act) Welcome to the Protection of Personal Information Act (often called the POPI Act or POPIA) in the form of a website so everyone can access it quickly on all devices. It is so much better than a POPI Act pdf. You can also link to (or share) a specific section. We hope it empowers you and you find it helpful. This is POPIA (or the POPI Act) as enacted by the South African Parliament, but we have reformatted it in the form of a website. The English text was signed by the President. We have shortened the names of some chapters in the navigation on the left to make it easier for you to navigate. We disclaim all liability. You can read a summary of POPIA, attend a POPI workshop, read POPIA judgment summaries, get a POPIA compliance framework or join a programme to help you take the necessary action to comply. Please note that we are not the Information Regulator who regulates POPIA. You can visit their website or email them. The commencement date of POPIA It was 1 July 2020 and the one-year grace period to comply ended on 30 June 2021. Parliament assented to POPIA on 19 November 2013. The commencement date of section 1, Part A of Chapter 5, section 112 and section 113 was 11 April 2014. The commencement date of the other sections was 1 July 2020 (with the exception of section 110 and 114(4). The President of South Africa has proclaimed the POPI commencement date to be 1 July 2020. Topics related to the POPI Act • POPIA regulations • Application and commencement • Unique to South Africa • Access to information • Actions to take first • Big data • Breach notification • Children • Code of conduct • Consent • Contract • Cookies • Data subject rights • Direct marketing • Information officer • Information regulator • Managing operator relationships • Mapping activities • Media • Obligations • Operator • Opt out • Personal Information • Policies • POPI Act • POPIA • Purpose • Quick wins • Reasonably practicable • Records management • Records of processing activities • Research • Responsible party • Right to be forgotten • Risks of non-compliance • Securing information • The conditions
NatureHazIt operates https://www.naturehazit.co.za) (the “Site”). This page informs you of our policies regarding the collection, use and disclosure of Personal Information we receive from users of the Site. We use your Personal Information only for providing and improving the Site. By using the Site, you agree to the collection and use of information in accordance with this policy. INFORMATION COLLECTION AND USE While using our Site, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include but is not limited to your name (“Personal Information”). LOG DATA Like many site operators, we collect information that your browser sends whenever you visit our Site (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Site that you visit, the time and date of your visit, the time spent on those pages and other statistics. COOKIES Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer’s hard drive. Like many sites, we use “cookies” to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Site. SECURITY The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security. CHANGES TO THIS PRIVACY NOTICE This Privacy Notice is effective as of 1 January 2023 and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page. We reserve the right to update or change our Privacy Notice at any time and you should check this Privacy Notice periodically. Your continued use of the Service after we post any modifications to the Privacy Notice on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Notice. If we make any material changes to this Privacy Notice, we will notify you either through the email address you have provided us, or by placing a prominent notice on our website. TERMS & CONDITIONS The purpose of this website is to provide information on NatureHazIt and its subsidiaries. CONTENT This website is only intended to provide general information regarding NatureHazIt and its products and services. Copyright of information contained in this website is owned by NatureHazIt. You may use this information and reproduce it in hard copy for your own personal reference use only. INFORMATION PURPOSES ONLY This website is only intended to provide general information regarding NatureHazIt and its products and services. It is not intended to provide exhaustive treatment of any subject dealt with and NatureHazIt expressly reserves the right, in its sole and absolute discretion, to alter or amend any criteria or information set out in this website without notice. Accordingly, the information in this website is not intended to constitute financial, accounting, tax, legal, investment, consulting or other professional advice or services. Before making any decision or taking any action, which might affect your personal finances or business, you should consult a qualified professional advisor. This website could include technical or other inaccuracies or typographical errors. Changes are periodically added to the information herein and these changes will be incorporated in new editions of this website. NatureHazIt may make improvements and/or changes to this website at any time. LINKS TO THIRD PARTY SITES Hyperlinks or other external computer links may be provided for your convenience, but they are beyond the control of NatureHazIt and no representation or endorsement is made as to their content. Use of or reliance on any hyperlinks or other external computer links that may be provided is at your own risk. DISCLAIMER This website and the information contained thereon or referenced thereby is provided “as is” and NatureHazIt makes no express or implied warranties, representations, statements or guarantees (whether express, implied in law or residual) with regard thereto. Without limiting the generality of the aforegoing: - • NatureHazIt does not warrant that the website or information will be error-free or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality. NatureHazIt expressly disclaims all implied warranties, including, without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security and accuracy; and • Whilst NatureHazIt has taken reasonable measures to ensure the integrity of this website and its contents, no warranty, whether express or implied is given that any files, downloads or applications available via this website are free of viruses or any other data or code which has the ability to corrupt or affect the operation of your system in any manner whatsoever. RISK & LIMITATION OF LIABILITY Your use of this website and the information contained therein is entirely at your own risk and you assume full responsibility and risk of loss resulting from the use thereof. NatureHazIt or its respective shareholders, agents, directors, consultants or employees will be liable for any damages whatsoever which may be suffered by you or any third party as a result of or which may be attributable, directly or indirectly, to the access and use of or reliance upon any information, links or service provided through this website, including, without limitation any direct, indirect, special, incidental, consequential or punitive damages, whether in an action arising out of contract, statute, delict or otherwise. You hereby indemnify NatureHazIt and waive any rights you may have or obtain against NatureHazIt in respect of any loss, liability, damage (whether direct or consequential) or expense of any nature whatsoever, which may be suffered by such you and/or third party as a result of or which may be attributable directly or indirectly to any of the aforesaid. Without limiting the generality of the aforegoing NatureHazIt shall not be responsible for and disclaims all liability for any loss, expense or damage of whatever nature incurred or sustained by you or any third party, due to – • any failure and/or unavailability of the website for any reason whatsoever and/or the failure/delay by any third-party service provider to render any services which are necessary to ensure the availability and proper functioning of the website; and • your use of or reliance on any information offered on or via the website. GENERAL NatureHazIt reserves its rights to amend the content of the website, at any time and without any notice. These terms shall be governed by and construed in accordance with the laws of the Republic of South Africa. You hereby consent to exclusive jurisdiction of the High Court of South Africa in respect of any disputes arising in connection with these terms or any matter related to or in connection therewith.
PURPOSE This document serves as the information manual as required by Section 51(1) of the Promotion of Access to Information Act, No. 2 of 2000 (the “Act”). It provides information on the records held and the process that is to be followed to request access to such records. DOCUMENTATION Please take note that each S51 manual needs to comply with the minimum sections of PAIA as indicated above in red. Manuals that do not comply with the minimum requirements will not be accepted and will need to be redone and re submitted to the SAHRC. This however does not limit the contents of the manual to just those sections and each S 51 may go further to provide other information as deemed necessary. INTRODUCTION NatureHazIt offers specialised wellness and alternative healing remedies. We service the entire community, applying the highest safety standards, proven methodologies, and industry best practices. PARTICULARS IN TERMS OF SECTION 51 Owner and Director: Andre Brink who has delegated this power for the purposes of day-to-day compliance with the Act to Kimiko Maritz, who for the purposes of this manual will be called the Information Officer. Postal and Street address of Information Officer: 281 Honeydew Road West, North Riding AH, Roodepoort, Gauteng, SA Contact number for Information officer: Tel: +27 82 768 2816 Email address of the Information officer: email@example.com Website: https://www.naturehazit.co.za THE ACT The ACT grants a requester access to records of a private body, if the record is required for the exercise or protection of any rights. If a public body lodges a request, the public body must be acting in the public interest. Requests in terms of the ACT shall be made in accordance with the prescribed procedures, at the rates provided. The forms and tariff are dealt with in paragraphs 6 and 7 of the Act. Requesters are referred to the Guide in terms of Section 10 which has been compiled by the South African Human Rights Commission, which will contain information for the purposes of exercising Constitutional Rights. The Guide is available from the SAHRC. The contact details of the Commission are: 27 Stiemens Street, Braamfontein Tel: 011 877 3600 (Switchboard) Website: www.sahrc.org.za. Summarised guide available on: https://www.sahrc.org.za/home/21/files/SAHRC%20PAIA%20Section%2010%20Guide%202020%20FINAL%20WEB.pdf APPLICABLE LEGISLATION NatureHazIt holds information/documents in accordance with, amongst other, the following legislation: • Basic Conditions of Employment No. 75 of 1997. • Companies Act No. 61 of 1973. • Compensation for Occupational Injuries and Health Diseases Act No.130 of 1993. • Employment Equity Act No. 55 of 199. • Finance Act No. 35 of 2000. • Income Tax Act No. 95 of 1967 5. • Labour Relations Act No. 66 of 1995. • Occupational Health & Safety Act No. 85 of 1993. • Skills Development Levies Act No. 9 of 1999. • Skills Development Act No. 97 of 1998. • Value Added Tax Act No. 89 of 1991 The Full Legal Register is maintained by Environmental Legal Services and the full list is available on request from our Information Officer. PERSONAL INFORMATION PROCESSED NatureHazIt processes personal information of several categories of data subjects for several purposes as set out below: Categories of data subjects: • Service providers and suppliers. • Debtors and creditors. • Directors and shareholders. Purpose of processing: • To conclude sales with customers and manage customers in general. • Manage service providers, suppliers, and contractors’ contracts in general. Categories of Personal Information: • Contact details – physical and postal addresses, phone numbers and email addresses. • Personal details – names, identity numbers, banking details. • Information required to conclude contracts with a customer, employee, service provider, contractor. SCHEDULE OF RECORDS Records Freely Available: The following records are freely available on NatureHazIt’s website at www.naturehazit.co.za without having to request access in terms of the PAIA Act section 52(2): Requested Records: The following records may be requested: Corporate Records: • Registers required in terms of the Companies Act. • Legal and Contractual Records. • Corporate Policies and Procedures. • Purchasing Records. Operational Records: • Client Records. • Supplier Records. • Billing Records. MANDATORY DISCLOSURE IN PUBLIC INTEREST The responsible party will only grant a request for access to the record where: • It is an unreasonable disclosure of personal information of a third party or deceased person. • It contains trade secrets of a third party. • Disclosure will be a breach of confidentiality. • Disclosure will endanger the life and physical safety. • Record contains information on research of a third party or private body. IF: Disclosure of the record would reveal: • Contravention or failure to comply with the law. • Imminent and serious public safety or environmental risk. • Public interest in the disclosure of the record outweighs the harm. NOTICE TO THIRD PARTIES The responsible party considering a request for access to a record shall inform them: • Privacy of a natural person. • Commercial information. • Confidential information of a third party. • Research information of a third party. The responsible party will inform the third party: • Soon as reasonably possible or within 21 days from request. • Fastest means possible. The responsible party shall inform the third party in writing stating: • Name of requester. • Details of request. • Third party has 21 days to object to request to access. REPRESENTATIONS AND CONSENT BY THIRD PARTIES Third party can within 21 days after receiving notice of request: • Written or oral of refusal. • Written consent. Third party can state: • Why request should be refused, or consent granted. DECISIONS ON REPRESENTATIONS • The head of the private body within 30 days after the third party is informed: • Decide whether to grant access. • Inform third party before decision is made. • Notify requestor of decision. PRESCRIBED FEES A requestor is required to pay the prescribed fees of R50.00 for a public body and R35.00 for public body before a request will be processed. The detailed fee structure is available on the website of the SOUTH AFRICAN HUMAN RIGHTS COMMISSION at www.sahrc.org.za. (SAHRC PAIA Sections10 Guide). INFORMATION REGULATOR CONTACT DETAILS • General Enquiries: firstname.lastname@example.org. • PAIA: PAIAComplaints@inforegulator.org.za. • POPIA: POPIAComplaints@inforegulator.org.za.