Privacy Policy

Access to Information Manual

We respect your right of access to information. This manual will help you (the requester of information) to exercise that right and help you know how you may get access to our records. The Promotion to Access of Information Act 2 of 2000 as amended from time to time (known as PAIA¹) requires us to draft and make this PAIA manual available to you.

Know what types of information we have.
Know how to request access to it.

Introduction

Date we last revised it: 26 November 2021

We describe who we are and what we do on our website, or you can ask us for this information. PAIA² requires the information officer of a private body to compile a manual that contains information on the records it holds. A ‘private body’ means a natural person, company or other type of juristic entity that carries on any trade, business or profession and includes a political party. We are a private body.

Our details

Our organisation’s and information officer’s details are on our website or available on request.

Further guidance from the Information Regulator

For further guidance, contact the Information Regulator. They have compiled a PAIA guide³ in each official language of South Africa on how to exercise your rights under PAIA.

Visit their website	https://www.justice.gov.za/inforeg/index.html
Postal address	P.O Box 3153, Braamfontein, Johannesburg, 2017
Physical address	JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001
Phone number	010 023 5200
Ask a general enquiry by email	enquiries@inforegulator.org.za
Lodge a complaint by email	PAIAComplaints@inforegulator.org.za

¹ To read PAIA go to https://accesstoinformation.co.za/. For a plain language summary go to https://www.michalsons.com/focus-areas/information-technology-law/access-to-information- paia/promotion-of-access-to-information-act

² Section 51(1) of PAIA

³ https://www.justice.gov.za/inforeg/docs.html

Records which we make automatically available

We make some records automatically available⁴ to you without you needing to request access to them.

Type of record	How you can access it
Memorandum of incorporation (MOI)	BizPortal⁵
Directors’ names	BizPortal
Documents of incorporation	BizPortal
Banking details	Request by email
Brochures	Request by email
External newsletters and circulars	Subscribing or on our website
Information on our website	Visit our website

Records we hold to function

We hold the following subjects and categories of records in electronic or physical format, which we do not make automatically available. You may request access to them. These are records that most organisations have.

Establishment records
Business records
Financial records
Insurance records
Tax records
Personal records
Agreements or contracts
Regulatory documents
Customer and supplier information

Records we hold to comply with the law

We hold records that all organisations are required by law to hold⁶. We also hold records that the law specifically requires organisations like ours to retain. Please ask our information officer for details.

⁴ Section 52

⁵ https://www.bizportal.gov.za/

⁶ https://www.michalsons.com/focus-areas/information-technology-law/access-to-information- paia/paia-manual-your-organisation/laws-that-require-bodies-to-hold-records

How you can request access

We have appointed our information officer to deal with all matters relating to PAIA so we can comply with our PAIA obligations. To request access to a record, please complete Form 2⁷.

Please submit the completed form (together with the relevant request fee we explain below) to our information officer’s email address, our physical address, or by fax using the details we provide. Please ensure that the completed form:

has enough information for the information officer to identify you, the requested records, and the form of access you require,
specifies your email address, postal address, or fax number,
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.

How we will give you access

We will evaluate and consider all requests we receive. If we approve your request, 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

Request fees

When submitting your request, you must pay us a request fee⁸ as the law prescribes. You must pay us the prescribed fees before we give you access. You will receive a notice from our information officer upon your request⁹, setting out the application procedure¹⁰.

⁷ https://www.justice.gov.za/inforeg/docs/forms/InfoRegSA-PAIA-Form02-Reg7.pdf

⁸https://www.michalsons.com/focus-areas/information-technology-law/access-to-information-

paia/paia-manual-your-organisation/access-to-information-fees-for-private-bodies

⁹ Section 54(1)

¹⁰ Section 54(3)(c)

Access fees

If we grant the request, you will have to pay us a further access fee¹¹ the law prescribes that includes a fee for the time it takes us to handle your request, or if the time has exceeded the prescribed hours to search and prepare the record for disclosure. Our information officer will notify you if you need to pay a deposit for the access fee. The deposit may be up to one third of the prescribed access fee¹². The access fee will provide for:

the costs of making the record, or transcribing the record,
a postal fee (if applicable), and
the reasonable time we need to search for the record and prepare the record for you¹³.

If you paid the deposit and we refused your request, we will refund you the deposit amount. Until you have paid the fees, we may withhold the record you requested.

Grounds for us to refuse access

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

someone else’s privacy¹⁴,
another company’s commercial information¹⁵,
someone else’s confidential information¹⁶,
research information¹⁷,
the safety of individuals and property¹⁸, or
records privileged from production in legal proceedings¹⁹.

Our decision on giving you access

We will notify you in writing whether your request has been approved or denied within 30 calendar days after receiving your request. If we cannot find the record you asked for or it does not exist, we will notify you by way of affidavit that it is not possible to give access to that record.

Remedies available if we refuse to give you access

If we deny your request for access, you may:

apply to a court²⁰ with appropriate jurisdiction, or

¹¹ https://www.michalsons.com/focus-areas/information-technology-law/access-to-information- paia/paia-manual-your-organisation/access-to-information-fees-for-private-bodies

¹² Section 54(2)

¹³ Section 54(7)

¹⁴ Section 63

¹⁵ Section 64

¹⁶ Section 65

¹⁷ Section 68

¹⁸ Section 66

¹⁹ Section 67

²⁰ Section 78

complain²¹ to the Information Regulator,

for the necessary relief within 180 calendar days of us notifying you of our decision.

How we process and protect personal information

We process the personal information of various categories of people for various purposes. Please refer to our website for our Privacy Policy or ask our information officer for a copy.

Availability of this Manual

This manual is available in English in electronic format on our website and in physical format at the reception of our company offices.

Updates to this Manual

We will update this manual whenever we make material changes to it.

²¹PAIAComplaints@inforegulator.org.za

Acceptance of Our Terms and Conditions
By using this Website, you confirm that you understand and agree to be bound by the terms and conditions of this Privacy Policy. If you do not accept the terms of this Privacy Policy, you are directed to discontinue accessing or otherwise using the Website or any materials obtained from it with immediate effect.

Links to Third-Party Sites
Ledaine Trading Website may provide links to third-party Websites for the convenience of our users. If you access these links, you will leave the Ledaine Trading Website. Ledaine Trading does not control these third-party Websites and cannot confirm that the policies and practices of these third-party sites will be consistent with this Privacy Policy. Other Websites may collect or use personal information about you in a manner different from that described in this document. Therefore, any link you follow from this Website should be used with caution and at own risk. You are encouraged to familiarise yourself with the privacy policy of any Website before submitting any personal information.

Information we collect:

Non-Personal Information
Non-personal information, data about usage and service operation, not directly linked to a specific person may be collected to analyse how the Website is used by visitors to the Website.

Aggregate Information
Pages viewed, IP (Internet Protocol) addresses, referral data are all examples of aggregate information which your computer provides to us when using/accessing this Website.

Log Files
Every time you request or download a file from this Website, Ledaine Trading may store data about these events and your IP address in a log file. Ledaine Trading may use this information to analyse trends, administer the Website, track users’ movements, and gather broad demographic information for aggregate use or for other business purposes.

Cookies
We use “cookies” as these enable us to improve user experience and interactivity with this Website. Should you wish to disable cookies, you may do so from your browser but please note that this will prevent access to webpages on this Website. You have the choice to accept all cookies, to be notified when a cookie is set or to reject all cookies. If you choose to reject cookies, please note as mentioned above, certain functions of our Website may not work properly, and you may be unable to use those services.

Web Beacons
Web beacons may be used to collect non-personal information about your use of our Website and the Website of selected sponsors, participants, members and advertisers, your use of special promotions or newsletters, and other activities.

Personal Information
Ledaine Trading uses personal information such as your name, email address, business name, social media profiles, user IDs, passwords, billing information, address as well as your business particulars to better understand your needs and interests and to provide you with better service. The personal information is gathered necessarily so that you may be able to request and/or download information or materials, subscribe to mailing lists, provide feedback or to make purchases via the site.

How will your information be used:

Your information will be used to offer or provide services that support the activities of Ledaine Trading, to respond to your enquiries, send invoices, analyse trends, or to provide you with electronic newsletters, an invitation to events, marketing material, announcements, surveys or other information. When accessing Ledaine Trading your personal user information may be tracked in order to ensure authorized access. By providing us with your personal information, you expressly consent to our storing, processing, and distributing of such information for the above-mentioned purposes.

Information Sharing
Reasonable steps are taken to maintain the security of the information as listed above. However, we reserve the right to release personal information where compelled to do so by law, where we reasonably believe there to be illegal activity, and where we can be expected to try and protect our systems and/or business. As a user of this Website, please note that your personal information may be visible to other users and to the public. Information that is disclosed in public areas of our Website such as message boards, news groups, discussion forums becomes accessible to the public and therefore can be collected, used, shared by the public and we cannot accept any liability for the misuse of such information. You are warned to exercise caution when sharing any information and should you not want your personal information collected and used by users of this Website, please refrain from immediate use of this Website. Please note that our employees will have access to personal information under confidentiality.

Access to and Accuracy of Information
All information submitted to us can be verified and/or changed.Please note that reasonable steps will be taken to verify your identity before effecting such change, verification or correction.

Security
Various means are used to protect the Information provided by users on this Website but we cannot guarantee that this information will not be intercepted, altered or misused. The responsibility rests with you to ensure that your computer is adequately secured and protected against malicious software and individuals. We will not assume liability for the interception, alteration, use or misuse of the information you provide. You alone are responsible for maintaining the secrecy and security of your personal information. Should you suspect that we or you have had a security breach, please advise us immediately by contacting us on Ledaine Trading detailing the time and nature of the breach and steps you have taken to minimise the effect of such breach.

Opting Out
You will at all times be given the option to opt out from receiving newsletters, announcements, surveys and any other information in relation to the activities of this Website. This can be done by following the directions in the relevant correspondence.

Destruction/Deletion of Personal Information
All Personal Information which has become obsolete, in the sole and absolute discretion of us, shall be deleted by us from our records and/ or destroyed. You further have the right to request such deletion of your Personal Information.

Governing Law and Jurisdiction
This Privacy Policy will be governed and construed by the laws of the Republic of South Africa and all visiting this Website submit to the exclusive jurisdiction of the South African courts.