+27 (0) 79 027 2082 contact@freedconsultancy.com

Protection of Personal Information Manual

Introduction 

Freed Consultancy (Pty) Ltd is a tax, accounting and business management consultancy that provides compliance and advisory services to small and medium enterprises. All our services are cloud based and as such we make use of various cloud based application to efficiently service our clients.

The purpose of this manual is to help you understand what information we have on file about you as our client and how you can gain access to or request us to delete the information we have on file.

Company details 

Company name                        │                           Freed Consultancy (Pty) Ltd

Registration number               │                           2016 / 197742 / 07

Postal address                           │                           Private Bag x3, Suite 535 Schonenberg, Somerset West, 7129

Physical address                       │                           Virtual business

Phone number                          │                           079 027 2082

Information officer                  │                           CE de Villiers

Information officer email       │                           privacy@freedconsultancy.com               privacy@freedconsultancy.com

Contact email                            │                            079 027 2082

Website                                       │                           www.freedconsultancy.com

Additional guidance 

If you would like further guidance on how you can get access to information under PAIA, you may contact the South African Human Rights Commission (SAHRC) to find out more information about PAIA. They have a guide in each official language of South Africa on how to exercise any right under PAIA. In terms of the Section 110 of the Protection of Personal Information Act 4 of 2013 the functions of the Human Rights Commission have been transferred to the Information Regulator. Their contact details are as follows:

Phone number                       │                           010 023 5200 or 010 023 5207

Fax number                             │                           011 403 0668

Postal address                        │                           P.O Box 3153, Braamfontein, Johannesburg, 2017

Physical address                    │                           33 Hoofd Street, Forum III, 3rd Floor Braampark, Braamfontein, Johannesburg, 2017

Website                                    │                           https://www.justice.gov.za/inforeg/index.html and

http://www.sahrc.org.za/index.php/understanding-paia

General e-mail                       │                           inforeg@justice.gov.za

Complaints email                  │                           complaints.IR@justice.gov.za 

Records we hold 

We hold the following subjects and categories of records:

Company records;

Business records;

Financial records;

Insurance records;

Personnel records;

Policies and directives;

Agreements or contracts;

Regulatory documents;

Published information;

Client information; and

Reference materials.

Please note that records that are ‘not readily available’ must be requested using the process outlined in the ‘How to request access’ section of this manual. 

Company records 

Company records are all our records related to the incorporation and administration of our company. Some of them are available from the Companies and Intellectual Property Commission (CIPC). 

Memorandum of incorporation Available from CIPC
Directors’ names Available from CIPC
Documents of incorporation Available from CIPC
Records relating to appointment of directors, auditor, secretary, public officer, or other officers Not readily available
Share register and other statutory registers Not readily available
Other statutory records Not readily available

 Business records 

Business records include any documents that have economic value to the business.

Operational records Not readily available
Databases Not readily available
Published works Not readily available
Internal correspondence Not readily available
Product records Not readily available

Financial records 

Business records include any documents that have economic value to the business.

Financial statements Not readily available
Tax returns Not readily available
Other documents relating to taxation of the company Not readily available
Accounting records Not readily available
Audit records Not readily available
Banking records Not readily available
Banking details Available upon request
Bank statements Not readily available
Electronic banking records Not readily available
Paid cheques Not readily available
Asset register Not readily available
Rental agreements Not readily available
Invoices Not readily available
Financial agreements Not readily available

Insurance records 

Insurance records are all our records related to our insurable assets.

Insurance policies held by the company (only in rare circumstances) Not readily available
Register of all immovable property owned by the company Not readily available

Income tax records 

Income tax records are all our records related to our income tax obligations.

PAYE records Not readily available
Corporate tax records Not readily available
Customs tax records Not readily available
Documents issued to employees for income tax purposes Not readily available
Records of payments made to SARS on behalf of employees & the company Not readily available
VAT records Not readily available
Skills development levies Not readily available
Unemployment Insurance Fund records Not readily available
Workmen’s Compensation records Not readily available

 Client Employee records 

Client employee records are all our records about anyone who works for our clients and for who we provide payroll services.

List of employees Not readily available
Employees personal information Not readily available
Medical aid contributions Not readily available
Pension and provident fund contributions Not readily available
Salaries of employees Not readily available
Leave records Not readily available
Other statutory records Not readily available
Related correspondence Not readily available

Personal records

Personnel records are all our records about anyone who works for us, provides services to us, or provides services on our behalf and who receives or is entitled to receive remuneration, including our employees, contractors, and other personnel.

List of employees Not readily available
Employee personal information Not readily available
Employee employment contracts Not readily available
Medical aid records Not readily available
Pension and provident fund records Not readily available
Salaries of employees Not readily available
Leave records Not readily available
Personal records provided by personnel Not readily available
Other statutory records Not readily available
Related correspondence Not readily available

Agreements or contracts 

Agreements or contracts include the documents themselves and all related documents.

Engagement letters Not readily available
Letter of Intent / Heads of Terms Not readily available
Supplier contracts Not readily available

 Memberships 

Memberships includes any documents confirming membership to a professional body as required to carry out our duties. 

Membership certificates Not readily available

 Client information 

Client information includes any information about anyone that we provide goods or services to, including our clients, leads, or prospects. 

Client details Not readily available
Contact details of individuals within our client’s organisation Not readily available
Communication with clients and their staff Not readily available
Sales records Not readily available
Transactional information Not readily available
Marketing records Not readily available

 Information we hold to comply with the law 

We hold records for the purposes of PAIA in terms of the following main laws, among others: 

Basic Conditions of Employment Act 75 of 1997;

Broad Based Black Economic Empowerment Act No. 53 of 2003;

Companies Act 71 of 2008;

Compensation for Occupational Injuries and Disease Act 130 of 1993;

Competition Act 89 of 1998;

Consumer Protection Act 68 of 2008;

Copyright Act 98 of 1978;

Electronic Communications Act 36 of 2005

Electronic Communications and Transactions Act 25 of 2002;

Employment Equity Act 55 of 1998;

Financial Intelligence Centre Act 38 of 2001;

Income Tax Act 58 of 1962;

Labour Relations Act 66 of 1995;

National Credit Act 34 of 2005;

Municipal Finance Management Act 56 of 2003

Occupational Health and Safety Act 85 of 1993;

Public Finance Management Act 1 of 1999

Protection of Personal Information Act 4 of 2013;

Regulation of Interception of Communications and Provision of Communication related Information Act 70 of 2002;

Skills Development Act 97 of 1998;

Skills Development Levies Act 9 of 1999;

Trade Marks Act 194 of 1993;

Unemployment Insurance Act 63 of 2001;

Unemployment Insurance Contributions Act 4 of 2002; and

Value Added Tax Act 89 of 1991. 

How to request access 

We have authorised and designated our information officer to deal with all matters relating to PAIA to ensure compliance with our obligations in terms of PAIA. To request access to a record, please complete Form C which is available from: 

  • the SAHRC website at http://www.sahrc.org.za/index.php/understanding-paia at this link: http://www.sahrc.org.za/home/21/files/Form%20C.doc%20August%202013.doc; or
  • the Department of Justice and Constitutional Development website at justice.gov.za at this link: http://www.justice.gov.za/forms/paia/J752_paia_Form%20C.pdf

Please submit the completed form to our information officer together with the relevant request fee (details here: http://www.sahrc.org.za/home/21/files/PAIA%20Notice%20on%20fees.pdf) at our information officer’s email address provided above. Please ensure that the completed form: 

  • has enough information for the information officer to identify you, the requested records, and which form of access you require;
  • specifies your email address or postal address;
  • describes the right that you seek to exercise or protect;
  • explains why you need the requested record to exercise or protect that right;
  • provides any other way you would like to be informed of our decision other than in writing; and
  • provides proof of the capacity in which you are making the request if you are making it on behalf of someone else (we will decide whether this proof is satisfactory).

 If you do not use the standard form we may: 

  • reject the request due to lack of procedural compliance;
  • refuse it if you do not provide sufficient information; or
  • delay it. 

Grounds for refusal 

We may have to refuse you access to certain records in terms of PAIA to protect: 

  • someone else’s privacy;
  • another company’s commercial information;
  • someone else’s confidential information;
  • company’s confidential information;
  • the safety of individuals and property;
  • records privileged from production in legal proceedings; or
  • research information. 

We will notify you in writing whether your request has been approved or denied within 30 calendar days after we have received a completed request for access form. If we cannot find any requested record or it does not exist, then we will notify you by way of affidavit that it is not possible to give access to that particular record.

 Remedies 

If your request for access is denied, you may: 

  • apply to a court with appropriate jurisdiction, or
  • lodge a complaint with the Information Regulator, 

for the necessary relief. 

How we will give you access 

We will evaluate and consider all requests to us in terms of PAIA. If we approve your request for access to our records, then we will decide how to provide access to you – unless you have asked for access in a specific form. Publication of this manual does not give rise to any rights to access information records, except in terms of PAIA. 

How much it will cost you 

You must pay us a request fee as required by law when submitting a request for access to information. The prescribed fees are as set out in the Fee Schedule which is available from http://www.sahrc.org.za/index.php/understanding-paia at this link: http://www.sahrc.org.za/home/21/files/PAIA%20Notice%20on%20fees.pdf. You must pay us the fees before we will hand over any information. You may have to pay a further access fee if we grant the request for any time that has exceeded the prescribed hours to search and prepare the record for disclosure. 

How we process and protect personal information 

We process the personal information of various categories of people for various purposes as set out in this clause. 

Categories of people 

We process the personal information of the following categories of people: 

  • clients;
  • information our data subjects submit to us to provide service to them;
  • prospects or leads;
  • employees and client employees;
  • contractors, vendors, or suppliers;
  • debtors and creditors;
  • directors and shareholders. 

Purposes 

We process the personal information to: 

  • provide our goods or supply our services;
  • better understand our data subjects’ needs when doing so;
  • keep our data subject records up-to-date;
  • manage employees and client employees in general;
  • manage supplier contracts in general;
  • manage clients in general;
  • manage clients credit in general;
  • market to clients in various countries;
  • enforce debts;
  • market goods and services to prospects;
  • process clients requests or complaints; and 

Categories of personal information

We process many different categories of personal information, including: 

  • contact details, such as phone numbers, physical and postal addresses, and email addresses;
  • personal details, such as names and ages;
  • demographic details, such as races and age groups;
  • account numbers;
  • contract information;
  • market intelligence information; and
  • debt and debtor information. 

Third-party disclosures 

We give the following people personal information that we process in the ordinary course of business to fulfil our obligations to our clients: 

  • South African Revenue Service (SARS)
  • Companies and Intellectual Property Commission (CIPC)
  • third party vendors to help us maintain our services these include but are not limited to:
  • Xero Accounting Software
  • DEXT
  • SimplePay
  • Zoho Forms
  • Info Doc’s
  • Draftworx
  • Float
  • DEAR Inventory 

Cross-border transfers 

We will not send personal information outside of South Africa without express consent being received by you, our client. 

Security 

We secure data by maintaining reasonable measures to protect personal information from loss, misuse, and unauthorized access, disclosure, alteration and destruction. We also take reasonable steps to keep personal information accurate, current, complete, confidential and reliable for its intended use. 

Availability of this Manual 

This manual is available in English and will be available on our website, and at our company offices. The manual is also electronically available on our website at: www.freedconsultancy.com. 

Updates to this Manual 

This manual will be updated whenever we make material changes to the current information.