9th February 2022
MINDSHARE SOUTH AFRICA (PTY) LTD
(Registration number: 2001/006701/07)
PAIA Manual South Africa - Prepared in accordance with Section 51 of the Promotion of Access to Information Act, Number 2 of 2000 (the “Act”) and the Protection of Personal Information Act, Act No 4 of 20131 (“PoPI”). For any questions regarding this document please reach out to [email protected]
MANUAL ISSUED IN TERMS OF:
SECTION 51 OF THE PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000 (PAIA) READ WITH
THE PROTECTION OF PERSONAL INFORMATION ACT 4 OF 2013 (POPIA)
This Manual (the Manual) has been compiled in accordance with the requirements of PAIA, read with the relevant sections of POPIA.
Mindshare (the Company) is a private body as defined in PAIA, and this Manual contains the information specified in section 51 of PAIA, which is applicable to such a private body.
Mindshare is a Media and related services buying, planning and strategy agency. Services include buying and planning across all media disciplines including TV, Radio, OOH, Digital Social, Programmatic and Display. Mindshare is a media agency within the GroupM stable. Operations conducted at The Base in Bryanston, Black River Office Park in Cape Town and Westville office park in Durban, with 105 current fulltime employees across our 3 locations.
A copy of the Manual will be made available to the Information Regulator, upon request, and any controlling body of which the Company is a member, if required, and will be published on the Company’s website.
The Manual will be updated on a regular basis in accordance with the requirements of section 51(2) of PAIA.
In accordance with their letter of authorisation, Sune Beyers is regarded as the head of the Company for purposes of PAIA, as well as the Company’s information officer for purposes of POPIA.
In addition, Fahaim Kader has been designated as deputy information officer/s for purposes of PAIA and POPIA (referred to as deputy information officer or DIO).
Their contact details are as follows:
Information Officer (IO):
Telephone: +27 83 303 9016
E-mail: [email protected]
Deputy Information Officer (DIO):
Telephone: +27 79 504 0625
Email: [email protected]
PRIVATE BAG X168,
3012A William Nicol Drive
PAIA 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 for information from the Company, the public body must be acting in the public interest. Requests in terms of PAIA shall be made in accordance with the prescribed procedures, at the rates provided.
The South Africa Human Rights Commission (SAHRC) has, in terms of section 10 of PAIA, compiled in each official language, a guide containing information, in an easily comprehensible form and manner, as may reasonably be required by a person who wishes to exercise any right contemplated in PAIA. The guide is currently available from the SAHRC and can be found on its website here: https://www.sahrc.org.za/index.php/understanding-paia.
With effect from 1 July 20201, enforcement of PAIA will fall under the jurisdiction of the Information Regulator established in terms of POPIA. This Manual will be updated, as necessary, to include details of any amended guide that may be made available by the Information Regulator in terms of section 10 of PAIA. The contact details for the Information Regulator are (at present) as follows:
The Information Regulator (South Africa)
JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001
Postal Address: P.O Box 31533, Braamfontein, Johannesburg, 2017
Telephone number: +27 (0)10 023-5200 / +27 (0)82 746-4173
E-mail: [email protected] / [email protected]
The Company holds details of its own registration, together with its financial statements, information pertaining to its directors and shareholders and other corporate information required to be retained in terms of the Companies Act, 2008.
It holds information relating to its tax affairs in terms of the Income Tax Act, 1962 (the ITA), the Tax Administration Act, 2011, the Value Added Tax Act, 1991 as well as the Unemployment Insurance Contributions Act, 2002 and the Skills Development Levies Act, 1999.
The Company holds information pertaining to its employees as required in terms of applicable employment and other relevant legislation including the Basic Conditions of Employment Act, 1997, the Labour Relations Act, 1995, the Employment Equity Act, 1998, the Occupational Health and Safety Act, 1993, the Compensation for Occupational Injuries and Diseases Act, 1993, the Immigration Act, 2002 and the ITA.
The Company holds information pertaining to its clients in terms of the Financial Intelligence Centre Act, 2001.
|Category||Description||Format||Maintained by||Stored at||Retention period|
|Information in the public domain||Incorporation documents||Hard copy and electronic copy||IO / DIO||https://www.mindshareworld.com/south-africa||Indefinite|
|B-BBEE certificate||Hard copy and electronic copy||IO / DIO||https://www.mindshareworld.com/south-africa||Indefinite|
|Annual reports||Hard copy and electronic copy||IO / DIO||https://www.mindshareworld.com/south-africa||7 years|
|Audited financial statements||Hard copy and electronic copy||IO / DIO||https://www.mindshareworld.com/south-africa||7 years|
|Public statements and communications||Hard copy and electronic copy||IO / DIO||https://www.mindshareworld.com/south-africa||Indefinite|
|Employment Equity Report||Hard copy and electronic copy||IO / DIO||https://www.mindshareworld.com/south-africa||5 years|
|General information pertaining to the Company and information regarding the services rendered||Hard copy and electronic copy||IO / DIO||https://www.mindshareworld.com/south-africa||Indefinite|
|Category||Description||Format||Maintained by||Retention period|
|Finance and administration||Company registration records; Bank account records; Books and records of account and financial statements; Annual budget; VAT, SITE and PAYE records; Asset registers; Details of auditors; External auditor reports; Information pertaining to clients as required in terms of the Financial Intelligence Centre Act; Minutes of the meetings of the Company (non-confidential parts); Minutes of the meetings of committees/ |
subcommittees; Minutes of staff meetings and/or management meetings.
|Hard copy and electronic copy||IO / DIO||Indefinite / as required in terms of applicable legislation / as required in terms of applicable contracts|
|Management||Minutes of meetings of the Executive Committee and subcommittees; Internal correspondence; Resolutions and directives; internal investigation reports; Policies, procedures, and codes; Travel management and arrangements.||Hard copy and electronic copy||IO / DIO||Indefinite / as required in terms of applicable legislation / as required in terms of applicable contracts|
|Human Resources||Organisational information (organisational structure, etc.); Personnel files; Contracts, conditions of service and other agreements; Statutory employee records; Records of background checks (including qualification, credit and criminal record checks); Immigration documentation; Retirement fund records; Medical aid records; Budget projections in respect of staff; Employee leave records; Employee payments and benefits (statutory and contractual); Correspondence with or about employees; Performance management records; Records of disciplinary hearings and findings; Records of incapacity proceedings, including medical information; Records of occupational injuries and diseases; Employee declarations in terms of the EEA.||Hard copy and electronic copy||IO / DIO||As required in terms of applicable legislation / contracts of employment|
|Relationships with third parties||Agreements with stakeholders; Service level agreements with suppliers; Contact details of suppliers; Tender and bid documentation; Service level agreements; Details of customers / clients including contact details, details pertaining to transactions, loyalty programmes, etc.; Licences and general conditions for conducting business.||Hard copy and electronic copy||IO / DIO||Indefinite / as required in terms of applicable legislation / as required in terms of applicable contracts|
|Information technology||Computer software; Support and maintenance agreements; Licensing agreements; Records regarding computer systems and programmes.||Hard copy and electronic copy||IO / DIO||Indefinite / as required in terms of applicable legislation / as required in terms of applicable contracts|
|Property||Asset registers; Lease agreements in respect of immoveable property; Records regarding insurance in respect of movable or immoveable property.||Hard copy and electronic copy||IO / DIO||Indefinite / as required in terms of applicable legislation / as required in terms of applicable contracts|
|Legal||Litigation; Appeals; Contracts and memoranda of understanding; Regulatory permissions, licenses, and/or exemptions.||Hard copy and electronic copy||IO / DIO||Indefinite / as required in terms of applicable legislation / as required in terms of applicable contracts|
|Data subjects||Categories of information|
|Employees||Human resources information (see above)|
|Applicants for employment||Contact details Recruitment records|
|Referees||Contact details Views or opinions provided about applicants for employment|
|Alumni / previous employees||Contact details Human resources information, as required to be retained post-termination of employment (see above)|
|Clients||Company registration details Contact details Take-on information in terms of the Financial Intelligence Centre Act, 2001 Details of services provided and fees charged Demographic information|
|Contractors / suppliers||Company registration details Contact details and banking details Details of services rendered and fees paid Demographic information|
|Data subject category||Broad description of purposes of processing|
|Applicants for employment;||To carry out actions for the consideration of an application for employment; To carry out actions necessary for the conclusion of an employment contract; To ensure compliance with an obligation imposed by law on the Company; To pursue the legitimate interests of the Company.|
|Employees||To carry out actions necessary for the performance of the employment contract; To ensure compliance with an obligation imposed by law on the Company; To pursue the legitimate interests of the Company or a third party to whom the information is supplied.|
|Alumni||To ensure compliance with an obligation imposed by law on the Company; To pursue the legitimate interests of the Company or a third party to whom the information is supplied.|
|Referees||To carry out actions for the consideration of an application for employment.|
|Clients||To carry out actions necessary for the performance of the services contract; To ensure compliance with an obligation imposed by law on the Company; To pursue the legitimate interests of the Company or a third party to whom the information is supplied.|
|Contractors / service providers||To carry out actions necessary for the performance of the services contract; To ensure compliance with an obligation imposed by law on the Company; To pursue the legitimate interests of the Company or a third party to whom the information is supplied.|
|Data subjects||Likely recipients|
|Applicants for employment; Employees; Alumni.||Human resources department Finance department Line management Exco|
|Referees||Human resources department Line management Exco|
|Clients||Marketing department Employees working on client mandates Exco|
|Contractors / Service providers||Finance department Exco Facilities management department|
|Technical measures||Organisational measures|
|Firewall, VPN, Double verification secure access||Access restriction on folders containing personal information|
|(a)||For every photocopy of an A4-size page or part thereof||R1,10|
|(b)||For every printed copy of an A4-size page or part thereof held on a computer or in electronic or machine readable form||R0,75|
|(c)||For a copy in a computer-readable form on:|
|(i) Compact disk||R70.00|
|(d)||For a transcription of visual images, for an A4-size page or part thereof||R40.00|
|(ii) For a copy of visual images||R60.00|
|(e)||(i) For a transcription of an audio record, for an A4-size page or part thereof||R20.00|
|(ii) For a copy of an audio record||R30.00|
|(a)||For every photocopy of an A4-size page or part thereof||R1,10|
|(b)||For every printed copy of an A4-size page or part thereof held on a computer or in electronic or machine-readable audio record form||R0,75|
|(c)||For copy in a computer-readable form on:|
|(i) compact disc||R70|
|(d)||(i) For a transcription of visual images, for an A4-size page or part thereof||R40|
|(ii) For a copy of visual images||R60|
|(e)||(i) For a transcription of an audio record, for an A4-size page or part thereof||R20|
|(ii) For a copy of an audio record||R30|
The Company does not have an internal appeal procedure. As such, the decision made by the information officer or deputy information officer is final, and requestors will have to exercise such external remedies at their disposal if the request for information is refused, and the requestor is not satisfied with the answer supplied by the information officer or deputy information officer.
Where a requester is not satisfied by a decision made by information officer or deputy information officer of the Company, s/he/it may apply to court for relief within 180 days of receiving the decision that has caused the grievance. The application can be made to a Magistrate’s Court or High Court.
Currently, the Regulations published in terms of PAIA, under Government Notice R187 in Government Gazette 23119 of 15 February 2002, set out, among other things, the fees which may be charged by private bodies for the reproduction of records (provided in the table above). No new Regulations have since been published and the last amendments to the Regulations were made in April 2021.
This Manual is available at the offices of the Company at the address set out in paragraph 2 above, as well as on the Company’s website.
The Manual has been based on an original template supplied by the SAHRC.
AUTOMATICALLY AVAILABLE RECORDS AND ACCESS TO SUCH RECORDS:
(Section 52 of the Promotion of Access to Information Act, 2000)
|DESCRIPTION OF CATEGORY OF RECORDS AUTOMATICALLY AVAILABLE IN TERMS OF SECTION 15(1)(a) OF THE PAIA||MANNER OF ACCESS TO RECORDS (e.g. website) (SECTION 15(1)(b))|
|FOR INSPECTION IN TERMS OF SECTION 52(1)(a)(i):|
|FOR PURCHASING IN TERMS OF SECTION 52(1)(a)(ii):|
|FOR COPYING IN TERMS OF SECTION 52(1)(a)(ii)|
|AVAILABLE FREE OF CHARGE IN TERMS OF SECTION 52(1)(a)(ii)|
REQUEST FOR ACCESS TO RECORD OF PRIVATE BODY
(Section 53(1) of the Promotion of Access to Information Act, 2000)
The Information Officer / Deputy Information Officer:
(a) The particulars of the person who requests access to the record must be given below.
(b) The address and / or fax number in the republic to which the information is to be sent must be given.
(c) Proof of the capacity in which the request is made, if applicable, must be attached.
Full names and surname: ID:
Telephone number: Fax number: __________________________
Capacity when made on behalf of another person: _______________________________________________
This section must be completed only if a request for information is made on behalf of another person.
Full names and surname:
Provide full particulars of the record to which access is requested, including the reference number if that is known to you, to enable the record to be located. If the provided space is inadequate, please continue on a separate page and attach it to this form. The requester must sign all the additional pages.
1. Description of record or relevant part of the record: ________________________________________________
2. Reference number, if available: ___________________________________________________________________
3. Any further particulars of record: ___________________________________________________________________
(Reason for exemption from payment of fees)
If you are prevented by a disability to read, view or listen to the record in the form of access provided for in 1 to 4 below, state your disability and indicate in which form the record is required.
Disability: Form in which record is required: ___________________________________
Mark the appropriate box below with an X.
|If the record is in written or printed form:|
|Copy of record*||Inspection of record|
|If record consists of visual images (includes photographs, slides, video recordings, computer-generated images, sketches, etc.):|
|View the images||Copy of the images*||Transcription of the images*|
|If record consists of recorded words or information which can be reproduced in sound|
|Listen to the soundtrack (audio cassette / recording)||Transcription of soundtrack* (written or printed document)|
|4. If record consists of recorded words or information which can be reproduced in sound|
|Printed copy of record*||Printed copy of information derived from the record*||Copy in computer readable form* (compact disk or memory stick)|
* If you require a copy or transcription of record (above), do you wish the copy or transcription to be posted to you? (yes / no) ______________________ (postage is payable).
If the provided space is inadequate, please continue on a separate page and attach it to this form. The requester must sign all the additional folios.
2. Explain why the record requested is required for the exercise or protection of the aforementioned right:
You will be notified in writing within 30 days whether your request has been approved / denied. Such period may, in certain circumstances, be extended in terms of PAIA. If you wish to be informed in another manner, please specify the manner and provide the necessary particulars to enable compliance with your request.
How would you prefer to be informed of the decision regarding your request for access to the record?
Signed at________________________ this ____ day of _________________________ 20___
SIGNATURE OF REQUESTER /
PERSON ON WHOSE BEHALF REQUEST IS MADE