Promotion of Access to Information Act

2003/013427/07
the immedia ecosystem (Pty) Ltd T/A
East Coast Access and Geek Patrol

MANUAL in terms of Section 51 of
The Promotion of Access to Information Act 2/2000 (the “ACT”)

 

INDEX

  1. Introduction
  2. Contact Details
  3. The ACT and Section 10 Guide
  4. Applicable Legislation
  5. Schedule of Records
  6. Form of Request
  7. Prescribed Fees

 

1. INTRODUCTION

The immedia ecosystem (Pty) Ltd T/A East Coast Access provides Internet Services and Access to its customers, in both the corporate and home market. Some of these services include, but are not limited to, access, hosting, security and consulting.

The immedia ecosystem (Pty) Ltd T/A Geek Patrol is your one stop IT shop, providing hardware, software, call out services and device training.

The immedia ecosystem (Pty) Ltd supports the constitutional right of access to information and we are committed to provide you access to our records in accordance with the provisions of the Act, the confidentiality we owe third parties and the principles of South African law.

 

2. COMPANY CONTACT DETAILS

Directors: Mr. Bevan Grant Andriés
Postal Address: P.O. Box 25080, Gateway, 4319
Street Address: Level 3 The Quarterdeck, 69 Richefond Circle, Ridgeside Office Park, Umhlanga, 4320
Telephone Number: 031 566 8000
Fax Number: 086 743 2281
Email: info@eastcoast.co.za

 

3. THE ACT

  • 3.1 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.
  • 3.2 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.
  • 3.3 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:

Postal Address: Private Bag 2700, Houghton, 2041
Telephone Number: +27-11-877 3600
Fax Number: +27-11-403 0625
Website: www.sahrc.org.za

 
4. APPLICABLE LEGISLATION

No Ref Act
1 No 61 of 1973 Companies Act
2 No 98 of 1978 Copyright Act
3 No 55 of 1998 Employment Equity Act
4 No 95 of 1967 Income Tax Act
5 No 66 of 1995 Labour Relations Act
6 No 89 of 1991 Value Added Tax Act
7 No 37 of 2002 Financial Advisory and Intermediary Services Act
8 No 75 of 1997 Basic Conditions of Employment Act
9 No 69 of 1984 Close Corporations Act
10 No 25 of 2002 Electronic Communications and Transactions Act
11 No 2 of 2000 Promotion of Access of Information Act
12 No 30 of 1996 Unemployment Insurance Act

 

5. SCHEDULE OF RECORDS

The immedia ecosystem (Pty) Ltd maintains records on the following categories and subject matters. However, please note that recording a category or subject matter in this Manual does not imply that a request for access to such records would be honoured. All requests for access will be evaluated on a case by case basis in accordance with the provisions of the Act.

5.1  Internal Records

  • Memorandum and Articles of Association
  • Financial records
  • Operational records
  • Intellectual property
  • Marketing records
  • Internal correspondence
  • Product records
  • Statutory records
  • Internal policies and procedures

 

5.2 Personnel records

Personnel refers to any person who works for or provides services to or on behalf of the immedia ecosystem (Pty) Ltd and receives or is entitled to receive any remuneration and any other person who assists in carrying out or conducting the business of the immedia ecosystem (Pty) Ltd.  This includes, without limitation, directors, executive directors, non-executive directors, all permanent, temporary and part-time staff as well as contract workers.

Personnel records include the following:

  • Any personal records provided to the immedia ecosystem (Pty) Ltd by their personnel;
  • Any records a third party has provided to the immedia ecosystem (Pty) Ltd about any of their personnel;
  • Conditions of employment and other personnel-related contractual and quasi-legal records;
  • Internal evaluation records;  and
  • Other internal records and correspondence.

 

5.3 Customer records

Please be aware that the immedia ecosystem (Pty) Ltd is very concerned about protecting the confidential information of its customers. Please motivate any request for customer information very carefully, having regard to Sections 63 to 67 of the Act. Customer information includes the following:

  • Any records a customer has provided to the immedia ecosystem (Pty) Ltd or a third party acting for or on behalf of the immedia ecosystem (Pty) Ltd;
  • Contractual information;
  • Customer needs assessments;
  • Personal records of customers;
  • Credit information and other research conducted in respect of the immedia ecosystem (Pty) Ltd about customers;
  • Confidential, privileged, contractual and quasi-legal records of customers;
  • Customer evaluation records;
  • Customer profiling;
  • Performance research conducted on behalf of customers or about customers;
  • Any records a third party has provided to the immedia ecosystem (Pty) Ltd either directly or indirectly;  and
  • Records generated by or within the immedia ecosystem (Pty) Ltd pertaining to customers, including transactional records.

 

5.4 Technical records

Technical records generated by, or within the immedia ecosystem (Pty) Ltd pertaining to customers.

Other Parties:

Records are kept in respect of other parties, including without limitation contractors, suppliers, joint ventures, service providers and general market conditions. In addition, such other parties may possess records, which can be said to belong to the immedia ecosystem (Pty) Ltd. The following records fall under this category:

  • Personnel, customer or the immedia ecosystem (Pty) Ltd records which are held by another party as opposed to being held by the immedia ecosystem (Pty) Ltd; and
  • Records held by the immedia ecosystem (Pty) Ltd pertaining to other parties, including financial records, correspondence, contractual records, electronic mail, logs, cached information, records provided by the other party, and records third parties have provided about the contractors/suppliers or customer.

 

5.5 Other Records

Further records are held including:

  • Information relating to the immedia ecosystem’s own commercial activities; and
  • Research carried out on behalf of a client by the immedia ecosystem (Pty) Ltd, or commissioned from a third party for a customer;
  • Research information belonging to the immedia ecosystem (Pty) Ltd, whether carried out itself or commissioned from a third party.

 
6. FORM OF REQUEST (Section 51 (1) (e))

To facilitate the processing of your request, kindly:

6.1 Use the prescribed form, available on the website of the SOUTH AFRICAN HUMAN RIGHTS COMMISSION at www.sahrc.org.za.
6.2 Address your request to the Head of the Company (CEO).
6.3 Provide sufficient details to enable the COMPANY to identify:

(a) The record(s) requested;
(b) The requester (and if an agent is lodging the request, proof of capacity);
(c) The form of access required;
(d)
(i) The postal address or fax number of the requester in the Republic;
(ii) If the requester wishes to be informed of the decision in any manner (in addition to written) the manner and particulars thereof;
(e) The right which the requester is seeking to exercise or protect with an explanation of the reason the record is required to exercise or protect the right.

 

7. PRESCRIBED FEES

The following applies to requests (other than personal requests):

  • 7.1 A requestor is required to pay the prescribed fees (R50.00) before a request will be processed;
  • 7.2 If the preparation of the record requested requires more than the prescribed hours (six), a deposit shall be paid (of not more than one third of the access fee which would be payable if the request were granted);
  • 7.3 A requestor may lodge an application with a court against the tender/payment of the request fee and/or deposit;
  • 7.4 Records may be withheld until the fees have been paid.
  • 7.5 The fee structure is available on the website of the SOUTH AFRICAN HUMAN RIGHTS COMMISSION at www.sahrc.org.za.
DATE OF COMPILATION: 14/12/2015
DATE OF REVISION: 14/12/2015