Protection of Personal Information - PAIA Manual
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Introduction to the Company
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MoodTec Pty Ltd is a private company trading as Moodtime. The company is registered with CIPC and operates online in South Africa. In accordance with the Protection of Personal Information Act (the Act), this policy serves to inform you how we obtain, use, and disclose your personal information, our company is bound by the provisions of the Act. We will ensure our customer’s information is kept confidential and used securely and appropriately in accordance with the Act.
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Contact Details
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Company Name: Moodtec Pty Ltd - trading as Moodtime
Registration Number: 2012/099644/07
Head of the company: Bradley Moodie
Information Officer: Bradley Moodie
Physical Address: 71 Collard Road, Umgeni Park, Durban, 4051
Postal Address: 71 Collard Road, Umgeni Park, Durban, 4051
Telephone Number: 0870943871
E-mail address: brad@moodtec.co.za
Website address: www.moodtime.co.za
Guide of the SA Human Rights Commission / Information Regulator
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The South African Human Rights Commission (“SAHRC”) / Information Regulator compiled a Guide, in terms of Section 10 of the Promotion of Access to Information Act (Act 2 of 2000) (“PAIA”), to assist persons wishing to exercise their rights in terms of this Act. This Guide is available in all the official languages and contains, amongst others, the following information:
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• The purpose of PAIA.
• The manner, form, and costs of a request for access to information held by a body.
• Legal remedies when access to information is denied.
• When access to information may be denied; and
• The contact details of Information Officers in the national, provincial, and local government.
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Website: https://www.justice.gov.za/inforeg/
The publication of the abovementioned Guide will be the responsibility of the Information Regulator with effect from 30 June 2021.
Records
The company holds the following categories of records:
Records relating to the form of the company
Documents related to the establishment of the company, such as documents required in terms of the Companies Act 71 of 2008 including MOI; other statutory records; governance documents, CIPC and other related documents.
Company management records
Documentation relevant to the management structure and the management of the company, guidelines and related documentation in respect of the management of customers.
Employment and appointment records
Employment contracts and related employment records and correspondence.
Customer records
Client and customer sign up records, newsletter records and correspondence.
Customer order details and product rating and reviews.
Health and safety records
Evacuation plan, information related to the Health and Safety.
Financial records
South African Revenue Services (“SARS”) registration; Annual Financial Statements; accountants reports; accounting records; bank statements; invoices, statements, receipts, and related documents; VAT records; tax returns and related documentation.
Records related to assets
Asset register, purchase records, financing and lease agreements, sale and purchase agreements, delivery notes and orders and invoices.
Agreements
Agreements (and related documentation) with contractors, service providers and suppliers.
Legal records
Legal opinions and advice; complaints and other documents pertaining to any actual, pending or possible litigation, mediation, and arbitration.
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Insurance records
Insurance policies and related records.
Information available in terms of other legislation
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The company, as may be required in terms of the following legislation, is subject to the specific protection offered by these laws:
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• Basic Conditions of Employment Act 75 of 1997.
• Companies Act 71 of 2008.
• Compensation for Occupational Injuries and Diseases Act 130 of 1993.
• Consumer Protection Act 68 of 2008.
• Disaster Management Act 57 of 2002.
• Electronic Communications and Transactions Act 25 of 2002.
• Employment Equity Act 55 of 1998.
• Income Tax Act 58 of 1962.
• Labour Relations Act 66 of 1995.
• Occupational Health and Safety Act 85 of 1993.
• Promotion of Access to Information Act 2 of 2000.
• Protection of Personal Information Act 4 of 2013.
• Skills Development Levies Act 9 of 1999.
• Skills Development Act 97 of 1998.
• Unemployment Contributions Act 4 of 2002.
• Unemployment Insurance Act 63 of 2001.
• Value Added Tax Act 89 of 1991.
Records automatically available
Information on the website of the company is automatically available without having to request access in terms of PAIA. Access and usage of the information on the website are subject to the Website Terms and Conditions as well as the Privacy Statement.
Purpose of Processing Personal Information
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The company obtains personal information from customers who engage with it via email, WhatsApp, Telegram, social media, newsletter and website signup and during the order process where a customer purchases from us. The information requested will depend on the need for which it is collected and will be used solely for that purpose. The company processes personal information of data subjects for the following purposes:
• to conduct and manage the business in accordance with the law.
• to assist in the administration of the company and collecting payment for products supplied or services rendered.
• to contact customers and keep them updated throughout the order transaction.
• for completing online orders and sales and delivery of products purchased.
• for communication purposes with customers.
• for the maintenance of company records and customer records.
• for reporting to bodies as required and authorized in terms of the law or by the data subjects.
• for historical, statistical and research purposes.
• for proof of transactions and deliveries.
• for enforcement of the companies’ rights.
• for any other lawful purpose related to the activities of the company.
Data Subjects, Their Personal Information and Potential Recipients of this Information
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The company holds the categories of records and personal information in respect of the categories of data subjects specified below. The potential recipients of the personal information processed by the company are also specified. Information and records are only disclosed as may be necessary in the circumstances and authorized in terms of the law or otherwise with the consent of the relevant data subjects.
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Employees
Categories of personal information:
Names and surnames, Curriculum Vitae, contact details, identity number, related information and correspondence.
Potential Recipients:
Company owner, SARS
Job Applicants
Categories of personal information:
Names and surnames; Curriculum Vitae, related information, and correspondence.
Potential Recipients:
Company owners and relevant other employees, vetting agencies, legal and professional advisers.
Clients and Customers
Categories of personal information:
Names and surnames, billing and delivery address, contact details, complaint related information, compliments and correspondence.
Potential Recipients:
Company Owners and relevant company staff
Contractors, Service providers and Suppliers
Categories of personal information:
Names and surnames, organization names and details; relevant staff, contact details, website addresses, correspondence, market information, price structures, arrangements, bank details, VAT numbers.
Potential Recipients:
Company owners and staff, banks, accountants, legal and professional advisers.
Insurers
Categories of personal information:
Names and contact details, premiums, correspondence.
Potential Recipients:
Company owners, legal and professional advisers.
Security Measures to Protect Personal Information
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The company is committed to ensuring the security of the personal information in its possession or under its control to protect it from unauthorized processing and access as well as loss, damage, or unauthorized destruction. It continually reviews and updates its information protection measures to ensure the security, integrity, and confidentiality of this information in accordance with industry best practices.
It is one of our legal obligations not to disclose your personal information and to prevent unauthorized access to and use of your personal information. The measures it adopts to ensure the security of personal information, includes technical and organizational measures and internal policies to prevent unauthorized access, loss or use of personal information, for example, the physical securing of the offices where information is held. In addition, only those employees that require access to the information to process orders and other services are permitted access to the relevant information. Our information technology environment is also managed in a way to prevent unauthorized access to data, such as password protection, server protected by antivirus and firewalls.
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Service providers adhere to the strict policies and processes and are subject to sanctions for any security breach. All security breaches are taken seriously and are addressed in accordance with the law.
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For additional information on website security and terms of use please see our Terms page.
Procedure to obtain Access to Records or Information
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The fact that information and records are held by the company as listed in this Manual should not be construed as conferring upon any requester any right to that information or record. PAIA grants a requester access to records of a private body, if the record is required for the exercise or protection of any right. If a public body lodges a request, the public body must be acting in the public interest. Access to records and information is not automatic. Any person, who would like to request access to any of the above records or information, should have a sound and valid reason and is required to complete a request form, which is attached to this Manual as Annexure A, and pay the prescribed fees as referenced below.
The request form is also available from –
• the Information Officer of the practice at the contact details stipulated above; and
• the Information Regulator at the contact details stipulated above.
The requester must provide sufficient detail on the request form to enable the Information Officer to identify the record and the requester. The requester must identify the right he/she is seeking to exercise or protect and explain why the record requested is required for the exercise or protection of that right. Access to the requested records or information or parts of the records or information may be refused in terms of the law. Requesters will be advised of the outcome of their requests.
Fees Payable to Obtain the Requested Records or Information
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The fees for requesting and accessing information and records held by the practice are prescribed in terms of PAIA. The fees payable, which may be amended from time to time in accordance with notices published in the Government Gazette, are attached hereto as Annexure B. Details of the fees payable and any change to such fees may be obtained from the Information Officer. The fees are also available on the website of the Information Regulator. A requester may be required to pay the fees prescribed for searching and compiling the information, which has been requested, including copying charges.
Availability of this Manual
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A copy of this Manual is available for inspection, free of charge on the company website. A copy of the Manual may also be requested from the Information Officer against payment of the appropriate fee, which may be obtained from the Information Officer.
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Forms and Fees
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ANNEXURE A: INFORMATION AND RECORD REQUEST FORM
https://www.justice.gov.za/forms/paia/J752_paia_Form%20C.pdf
ANNEXURE B: FEES
https://www.sahrc.org.za/home/21/files/PAIA%20Notice%20on%20fees.pdf
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