POPIA and PAIA Manual for Value Solar SA (Trading as Valuetek)
1. Introduction and Purpose of Manual
Value Solar SA ("the Company"), trading as Valuetek, has prepared this manual to:
- Facilitate requests for access to records as provided for in PAIA.
- Serve as a manual to promote access to information.
- Set out the responsibilities of the Information Officer in ensuring compliance with PAIA and POPIA.
- Provide an outline of the types of records and personal information the Company holds and explain how to submit requests for access to these records.
PAIA provides that a person may only request information if it is required for the exercise or protection of a right. This manual sets out the procedure to be followed when requesting access to records held by the Company.
2. Company Details
- Full Name of Company: Value Solar SA (hereafter referred to as "the Company")
- Trading Name: Valuetek
- Registration Number: 2020 / 239148 / 07
- Registered Address:
19 Kweper Avenue, Athlone, Cape Town, 7764 - Physical Address of Business Activities:
106 Bofors Cricle, Battery Park, Epping Industria, Cape Town, 7460 - Telephone Number: 087 379 5037
- Director and Head of the Company: Eugene Charles
- Designated Information Officer: Brandon Charles
- Email Address of Information Officer: brandonc@valuesolar.co.za
- Website: valuetek.co.za / valuesolar.co.za
3. Availability of the Manual
This manual is available:
- On the Company's website: valuetek.co.za
- At the Company's registered office during normal business hours.
- Upon request from the Information Officer via email.
4. Guide to PAIA and POPIA
The South African Human Rights Commission ("SAHRC") and the Information Regulator have compiled guides to assist individuals in exercising their rights under PAIA and POPIA. These guides are available from:
- SAHRC Website: www.sahrc.org.za
- Information Regulator Website: www.justice.gov.za/inforeg/
- Contact Number: +27 (0) 10 023 5200
- Email: inforeg@justice.gov.za
5. Applicable Legislation
The Company maintains records in accordance with various South African laws, including but not limited to:
- Companies Act, 71 of 2008
- Protection of Personal Information Act, 4 of 2013
- Promotion of Access to Information Act, 2 of 2000
- Basic Conditions of Employment Act, 75 of 1997
- Labour Relations Act, 66 of 1995
- Employment Equity Act, 55 of 1998
- Occupational Health and Safety Act, 85 of 1993
- Income Tax Act, 58 of 1962
- Value Added Tax Act, 89 of 1991
- Electronic Communications and Transactions Act, 25 of 2002
- Consumer Protection Act, 68 of 2008
- National Credit Act, 34 of 2005
6. Schedule of Records Held
6.1. Company Records
- Memorandum of Incorporation
- Certificates of Incorporation
- Share registers and statutory records
- Minutes of Board Meetings and resolutions
- Internal policies and procedures
6.2. Financial Records
- Annual Financial Statements
- Accounting records and ledgers
- Bank statements and details
- Invoices, receipts, and payment records
- Tax returns and assessments
6.3. Human Resources Records
- Employee personal details and contracts
- Attendance and leave records
- Payroll and remuneration records
- Training and development records
- Occupational Health and Safety records
6.4. Customer Records
- Customer contact details
- Transactional records and contracts
- Communications with customers
- Customer feedback and complaints
- Marketing and promotional materials
6.5. Supplier and Service Provider Records
- Supplier agreements and contracts
- Contact details and correspondence
- Invoices and payment records
- Service level agreements
6.6. Operational Records
- Project plans and documentation
- Quality control records
- Environmental impact assessments
- Equipment maintenance records
6.7. Electronic Records
- Emails and electronic correspondence
- Databases and data storage
- IT policies and procedures
- Software licenses and usage records
7. Purpose of Processing Personal Information
The Company processes personal information for various purposes, including:
- Providing and improving products and services to clients
- Managing relationships with customers, suppliers, and partners
- Complying with legal and regulatory obligations
- Recruitment, employment, and HR management
- Marketing and promotional activities
- Financial management and auditing
- Security and access control
8. Categories of Data Subjects and Personal Information
8.1. Data Subjects
- Employees and potential employees
- Customers and clients
- Suppliers and service providers
- Directors and shareholders
- Visitors to the Company's premises
- Individuals who interact with the Company via the website or other channels
8.2. Types of Personal Information
- Employees: Name, contact details, ID numbers, tax numbers, qualifications, employment history, medical information.
- Customers: Names, contact details, addresses, transaction history, payment details.
- Suppliers: Company details, contact persons, banking information, contractual agreements.
- Website Users: IP addresses, browsing data, cookies, online identifiers.
9. Recipients of Personal Information
The Company may share personal information with:
- Regulatory and government bodies
- Professional advisors (e.g., auditors, lawyers)
- Service providers and suppliers
- Financial institutions
- IT and data storage providers
- Marketing and research agencies
- Third parties when required by law
10. Cross-Border Transfer of Personal Information
The Company may transfer personal information to third parties in other countries for purposes such as data storage, cloud services, or international transactions. The Company ensures that these parties are subject to laws, binding corporate rules, or agreements which provide an adequate level of protection.
11. Security Measures to Protect Personal Information
The Company implements various security measures, including:
- Technical Measures: Firewalls, encryption, antivirus software, secure servers.
- Organizational Measures: Access controls, confidentiality agreements, employee training.
- Physical Measures: Secure premises, access control systems, CCTV surveillance.
- Policy Measures: Data protection policies, incident response plans, regular audits.
12. Data Subject Rights Under POPIA
Individuals have the right to:
- Access their personal information held by the Company.
- Correct or update inaccurate or outdated personal information.
- Object to the processing of their personal information.
- Request deletion of personal information under certain conditions.
- Lodge a complaint with the Information Regulator.
Requests can be made using the prescribed forms (Form 1 for objections and Form 2 for corrections or deletions) available on the Information Regulator's website.
13. Procedure for Requesting Access to Records
13.1. Form of Request
- Complete the prescribed PAIA request form (Form C for private bodies).
- Provide sufficient details to identify the record and the requester.
- Indicate the form of access required and the right to be exercised or protected.
- Submit the request to the Information Officer via email, post, or hand delivery.
13.2. Submission Details
- Information Officer: Brandon Charles
- Email: brandonc@valuesolar.co.za
- Physical Address: 106 Bofors Cricle, Battery Park, Epping Industria, Cape Town, 7460
13.3. Response Time
- The Company will acknowledge receipt within 14 days.
- A decision will be communicated within 30 days.
- The response time may be extended once for a further 30 days if necessary.
14. Fees Applicable
- Request Fee: Payable upon submitting the request (not applicable to personal requesters).
- Access Fee: Payable if the request is granted, to cover the costs of providing access.
- Deposit: May be required if the request requires significant resources to fulfill.
Fee details are prescribed by the Minister of Justice and Constitutional Development and will be communicated upon receipt of the request.
15. Grounds for Refusal
Access to records may be refused on grounds including:
- Protection of privacy of a third party.
- Confidential information of third parties.
- Commercial information that may harm the Company or third parties.
- Safety and security concerns.
- Legally privileged documents.
16. Remedies and Appeal
If a request is refused:
- The requester may lodge a complaint with the Information Regulator.
- Apply to a court of law for relief.
The Company does not have internal appeal procedures for PAIA requests; decisions are final unless challenged through the above channels.
17. Information Regulator Contact Details
- Postal Address: P.O. Box 31533, Braamfontein, Johannesburg, 2017
- Physical Address: 33 Hoofd Street, Forum III, 3rd Floor Braampark
- Telephone: +27 (0) 10 023 5200
- Email: complaints.IR@justice.gov.za
- Website: www.justice.gov.za/inforeg/
18. Updates to This Manual
This manual will be reviewed periodically and updated as necessary to reflect changes in legislation or Company practices. The latest version will be made available on the Company's website and at the registered office.
19. Disclaimer
This manual is intended to comply with the obligations set out in PAIA and POPIA. Access to records may be refused on lawful grounds. The Company reserves the right to amend this manual without prior notice.