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POPIA/PAIA Manual

MANUAL PREPARED IN ACCORDANCE WITH SECTION 51 OF THE PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000 AND THE PROTECTION OF PERSONAL INFORMATION ACT 4 OF 2013 FOR TUPPERWARE SOUTHERN AFRICA PROPRIETARY LIMITED

  1. INTRODUCTION

    1. This manual is published pursuant to sections 14 and 51 of the Promotion of Access to Information Act 2 of 2000 (“PAIA”)which was promulgated in order to nurture an ethos which promotes transparency, accountability and effective governance of all private and public bodies. PAIA gives effect to section 32 of the Constitution of the Republic of South Africa, 1996, which provides for the right of access to information in a manner that affords persons a means/platform to obtain the records of private and public bodies as promptly and as efficiently as reasonably possible to endorse, including but not limited to, mechanisms and procedures that empower and educate all persons.
    2. PAIA requires organisations to compile a manual as a guide to requesters of information. The Manual also serves to indicate the types of records held by the Tupperware Southern Africa Proprietary Limited (“Tupperware”) and the availability of such records from Tupperware.
    3. In addition, the manual explains how to access, or object to, or request correction or deletion of, personal information held by Tupperware, in terms of sections 23, 24 and 25 of the Protection of Personal Information Act 4 of 2013 (“POPIA”), and the Regulations Relating to the Protection of Personal Information, 2017 (“POPIA Regulations”).
    4. This manual is not exhaustive of, nor does it comprehensively deal with, every procedure provided for in PAIA. Requestors are advised to familiarise themselves with the provisions of PAIA and POPIA before making any requests to Tupperware in terms of these Acts. However, in terms of section 19 of PAIA, and Regulations 2 and 3 of the POPIA, Tupperware will provide such assistance as is required in completing the necessary forms, by parties applying for access to information or personal information.
    5. Tupperware makes no representation and gives no undertaking or warranty that the information in this manual or any information provided by it to a requestor is complete or accurate, or that such information is fit for any purpose. All users of any such information use such information entirely at their own risk, and Tupperware will not be liable for any loss, expense, liability or claims, howsoever arising, resulting from the use of this manual or of any information provided by Tupperware or from any error therein.
  2. OVERVIEW OF TUPPERWARE

    Tupperware was first introduced as the "Tupper Plastics Brand" into the American market in 1945. Tupperware was introduced to South Africans in 1964 and Tupperware Southern Africa (Pty) Ltd, now has 30 distributorships, including distributors in Zimbabwe, Mauritius, Zambia, Lesotho, Mozambique, and Swaziland giving an earning opportunity to almost 250 000 people who manage their own businesses as Tupperware Demonstrators.

  3. INFORMATION OFFICER AND CONTACT DETAILS OF TUPPERWARE

    1. The Information Officer of Tupperware is Justin Korte whose contact details are as follows –

      Name
      Contact Details
      Justin Korte

      Telephone no: +27 11 367 8500

      Fax no: +27 11 637 8501

      Email: [email protected]

    2. The contact details for the Head Office of Tupperware are as follows –

      Physical Address
       
      Head Office

      Tupperware House

      17 Muswell Road

      South Wedgefield

      Office Park

      Bryanston

      Postal Address
       
      Head Office

      P.O. Box 67063

      Bryanston

      2021

  4. GUIDE ON HOW TO USE PAIA

    1. As of 1 July 2021, the Information Regulator will assume the functions of the South African Human Rights Commission (“SAHRC Regulations”) and will be responsible for PAIA and POPIA queries.
    2. As part of its functions, the Information Regulator will publish a guide on how to use PAIA and POPIA in the new dispensation. The Information Regulator has not yet published a guide to this effect.
    3. The SAHRC has previously developed a with information on how to use PAIA. This guide is available on the SAHRC website https://www.sahrc.org.za
    4. Any information or queries related to the guide, or to PAIA or POPIA should be directed to –

      Information Regulator
      Tupperware House
      17 Muswell Road
      South Wedgefield
      Office Park
      Bryanston

  5. NOTICE IN TERMS OF SECTION 51(1)(C)

    1. At this stage no notices have been published by the Information Regulator on the categories of records automatically available without a person having to request access thereto in terms of PAIA.
    2. The records that are located on the Tupperware website are however automatically available to any person requesting this information and it is therefore not necessary to apply for access thereto in terms all PAIA. The website address is http://www.tupperware.co.za
  6. RECORDS AVAILABLE IN ACCORDANCE WITH LEGISLATION IN TERMS OF SECTION 51(1)(D)

    Records are kept in accordance with legislation as is applicable to Tupperware, which include (but may not be limited to) the following legislation –

    1. Basic Conditions of Employment Act 75 of 1997;
    2. Broad-Based Black Economic Empowerment Act 53 of 2003;
    3. Companies Act 71 of 2008;
    4. Compensation for Occupational Injuries and Diseases Act 130 of 1993;
    5. Employment Equity Act 55 of 1998;
    6. Income Tax Act 58 of 1962;
    7. Labour Relations Act 66 of 1995;
    8. Occupational Health and Safety Act 85 of 1993;
    9. Skills Development Act 9 of 1999;
    10. Unemployment Insurance Act 63 of 2001;
    11. Value Added Tax Act 89 of 1991.
  7. INFORMATION REQUIRED IN TERMS OF SECTION 51(1)

    The following table contains a description of the types of records / subjects on which Tupperware holds and the categories of records held on each subject –

    Subject
    Description of record
    Statutory records
    • Company incorporation documents
    • Share register
    • Memorandum of Incorporation
    • Minutes of meetings of the board of directors
    • Records relating to the appointment of directors, auditors, and other officers
    Income tax
    • Pay-as-you-earn (PAYE) records
    • Documents issued to employees for income tax purposes
    • Records of payments made to South African Revenue Services on behalf of employees
    • All or any statutory compliance
    • Value Added Tax
    • Skills development levies
    • Unemployment Insurance Fund
    Statutory records
    • Personnel documents and records
    • Employment contracts
    • Medical aid records
    • Pension Fund records
    • Disciplinary records
    • Salary records
    • Disciplinary code and / or procedures
    • Leave records
    • Training records
    • Training manuals
    • Address lists
    • Sales force records
    • Internal telephone lists
    Finance
    • Receipts and payments
    • Bank statements
    • Budgets
    • Management accounts
    • Asset registers
    • Orders, quotes and invoices
    • Minutes of meetings
    • Correspondence
    • Price increase records
    • Forecasting documents
    • Annual profit plan
    • Payroll and wage records
    • Credit notes
    Risk and compliance
    • Contracts
    • Policies and procedures
    • Risk assessment
    • Compliance records
    Others
    • Distributor records
    • Stock records e.g. expired stock, stock lists, goods received
    • Performance records
    • IT records
    • Internal material transfer reports
    • Import and export records
    • Production records
  8. PROCESSING OF PERSONAL INFORMATION

    1. POPIA
      1. Chapter 3 of POPIA provides for the minimum conditions for lawful processing of Personal Information. These conditions may not be derogated from unless specific exclusions apply as outlined in POPIA.
      2. Tupperware processes personal information in accordance with POPIA. In terms of our Personal Data Protection Policy, Tupperware will ensure that all processing conditions of POPIA are complied with at the time of processing of personal information. Tupperware processes personal information of both living and juristic persons.
    2. Purpose for processing of personal information by Tupperware

      Tupperware processes personal information for a number of reasons including, but not limited to, –

      1. providing requested products;
      2. managing the commercial relationship with customers;
      3. manage dispute resolution;
      4. create and manage supplier relationships;
      5. manage contracts, orders, deliveries, invoices and accounting;
      6. sending quotation estimates;
      7. collect statistical information and run analytics in order to improve services understand customers better;
      8. general human resource and finance functions including those obligations imposed by legislation;
      9. sending marketing communications and managing a list of customers who wish to not receive marketing material;
      10. maintaining customer databases; and
      11. to allow proper functioning of the website which includes, amongst others, proper display of content, interface personalisation and ensuring that the website is safe and secure to protect against misuse.
    3. Catergories of data subjects

      Tupperware processes personal information relating to the following categories of data subjects –

      1. customers;
      2. suppliers;
      3. shareholders;
      4. directors;
      5. employees and job applicants;
      6. jursitic entities (i.e. service providers, contractors, consultants)
      7. complainants and enquirers;
      8. visitors to premises;
      9. website users;
      10. individuals captured by CCTV images; and
      11. individuals who have an interest in the products and services of Tupperware.
    4. Types of information (and special personal information) processed

      Tupperware processes the following types of personal information, amongst others, –

      1. name and surname;
      2. email address and postal address (invoicing);
      3. phone number;
      4. transaction information;
      5. payment information and banking details;
      6. data relating to the commercial relationship and details regarding the products ordered;
      7. billing data; and
      8. information collected by cookies or similar technologies.
    5. Disclosure of your personal information
      1. We may disclose your personal information to third parties who are involved in the delivery of products and services to you such as trusted service providers (sub-contractors).
      2. Where Tupperware discloses your personal information to any third party, the latter will be obliged to use that personal information for the reasons and purposes it was disclosed for. To this end, we have agreements in place with these third parties to ensure this and to ensure an adequate level of security and confidentiality for your personal information.
      3. Tupperware may be obliged to disclose your personal information where we have a duty to disclose in terms of law or where we believe it is necessary to protect our rights.
    6. Trans-border/Cross border flows of personal information

      Section 72 of POPIA provides that personal information may only be transferred out of the Republic of South Africa if certain conditions are satisfied. Should Tupperware transfer any of your Personal Information outside the borders of the Republic of South Africa, Tupperware shall do so in compliance with the conditions provided by section 72 of POPIA.

    7. General description of information security measures
      1. Tupperware takes reasonable and appropriate technical and organisational measures to ensure that personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration disclosure or access. We contractually require that service providers who handle your personal information for us do the same.
      2. Tupperware, on a regular basis, reviews the security controls and related to processes to ensure that personal information is secure.
  9. HOW TO REQUEST ACCESS TO A RECORD

    1. To request a record in terms of PAIA, the requestor must complete the prescribed form attached to this manual as Annexure A. This request must be sent to the Information Officer at the addresses provided at paragraph 3.1.
    2. For POPIA-related requests to object to the processing of personal information, correct or delete personal information, the request must be made in writing on the applicable prescribed Form 1 (objection) or Form 2 (correction or deletion), which are attached to this Manual as Annexure B
    3. The requestor must provide sufficient detail to enable the Information Officer to identify the record(s) requested and the requestor. The requestor must indicate which form of access is required, identify the right that he/she is seeking to exercise or protect and provide an explanation of why the requested record is required for the exercise or protection of that right.
    4. If the request is made on behalf of another person, the requestor must submit proof of the capacity in which the requestor is making the request, to the reasonable satisfaction of the Information Officer.
    5. PAIA makes provision for certain grounds upon which a request for access to information must be refused. On this basis, the Information Officer will make a decision whether or not to grant a request for access to information.
  10. PAYMENT OF FEES

    1. PAIA provides for two types of fees, namely –
      1. a request fee, which will be a standard non-refundable administration fee, payable prior to the request being considered; and
      2. an access fee, payable when access is granted which must be calculated by taking into account reproduction costs, search and preparation time and cost, as well as postal costs.
    2. Subsequent to a request being made, the Information Officer, shall by notice require the requester, excluding personal requester, to pay the prescribed request fee (if any), before further processing of the request.
    3. If the search for and preparation for disclosure of the record has been made, including arrangement to make it available in the requested form, requires more than the hours prescribed in the regulations for this purpose, Tupperware will request the requester to pay as a deposit the prescribed portion of the access fee which would be payable if the request is granted.
    4. Tupperware may withhold a record until the requester has paid the fees as indicated in Annexure C.
    5. A requester whose request has been granted must pay the applicable access fee for reproduction, search, preparation and for any time reasonably required in excess of the prescribed hours to search for and prepare the record for disclosure including making arrangements to make it available in the request form.
    6. In terms of POPIA, a data subject has the right to request Tupperware to confirm, free of charge, whether or it holds personal information about the data subject and request from Tupperware the record or a description of the personal information held, including information about the identity of all third parties, or categories of third parties, who have, or have had, access to the information.
    7. POPIA further provides that where the data subject is required to pay a fee for services provided to them, Tupperware must provide the data subject with a written estimate of the payable amount before providing the service and may require that the requestor pay a deposit for all or part of the fee.
  11. APPLICABLE TIME-PERIODS

    1. Tupperware will inform the requester within 30 days after receipt of the request of its decision whether or not to grant the request.
    2. The 30 day period may be extended by a further period of not more than 30 days if the request is for a large number of records or requires a search through a large number of records and compliance with the original period would unreasonably interfere with the activities of Tupperware or the records are not located at Tupperware.
  12. OUTCOME OF THE REQUEST (GRANTING OR REFUSING)

    Should the request be refused, the notice will state adequate reasons for the refusal, including the provisions of the PAIA relied upon; and that the requester may lodge an application with a Court against the refusal of the request.

    1. In terms of Section 62 to 69 of the Act access granted to a record may be refused on one or more of the following grounds –
      1. protection of privacy to a third party who is a natural person;
      2. protection of the commercial information of a third party;
      3. protection of certain confidential information of a third person;
      4. protection of the safety of individuals and the protection of property;
      5. protection of records privileged from production and legal proceedings;
      6. the commercial information of Tupperware;
      7. the protection of research information of a third party.
    2. Despite any provisions of PAIA, a request must be granted if the disclosure of the record would reveal evidence of substantial contravention of, or failure to comply with, the law or imminent and serious public safety or environment risk, and the public interest in the disclosure of the record clearly outweighs the harm contemplated (section 70 of PAIA).
  13. REMEDIES FOR REFUSAL

    Should the requester be dissatisfied with the Information Officer’s decision to refuse access, that person may within 30 days after notification of the refusal apply to a Court for the appropriate relief.

  14. AVAILABILITY OF THE MANUAL

    This manual is available in electronic and hard copies in English. The hard copies are available at the head office of Tupperware as contained in paragraph 3.2. The electronic version of this manual is available on the website of Tupperware.

  15. UPDATING OF THIS MANUAL

    This manual will be reviewed and updated, if necessary, on a periodic basis.

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