Website Disclaimer & PAIA
WEBSITE DISCLAIMER
All information and recommendations, and all hypertext links and/or any other computer links available on this Website and related web servers are offered in utmost good faith. This information is believed to be correct as of the date you view it, however Obtuse Jewellery make no representations or warranties as to the completeness or accuracy of any of this information. You assume the entire risk of relying on this information. This information is supplied to you on the condition that you or any other person receiving this information will make their own determination as to its suitability for any purpose prior to any use of this information. In no event will Obtuse Jewellery be responsible for damages of any nature whatsoever resulting from the use or reliance upon this information or any product referred to in this information. This information is not to be construed as recommendations to use any information, product, process, equipment, or formulation that conflicts with any patent, copyright, or trademark, and Obtuse Jewellery make no representation or warranty, express or implied, that any use of this information will not infringe on any patent, copyright or trademark. No representations or warranties, either expressed or implied, of merchantability, fitness for a particular purpose or use or of any other nature are made with respect to this information or to any product referred to in this information. No undertaking is made under any circumstances by Obtuse Jewellery to update or correct information distributed on Internet or on its Web servers. Also, Obtuse Jewellery reserve the right to alter or correct the content of this website and related sites at any time without notice.
INTELLECTUAL PROPERTY
1. Copyright
All the information on this Website and related web servers (documents contained on the site and all elements created for the site) are the property of Obtuse Jewellery and are governed by copyright laws at the time they are made available to the public on this Website and related web servers. Copies of documents contained on this website can only be made for information purposes, and solely for strictly private use. No licence and no right other than the right of site viewing is granted to any person in respect of intellectual property rights. Reproduction of website documents is authorized solely for informative purposes and for personal, private use: any reproduction and any use of copies made for other purposes is expressly forbidden. Copyright © Obtuse Jewellery. All rights reserved.
2. Protected Names
All corporate names, logos, and Registered® and TrademarkTM products mentioned in this site belong to Obtuse Jewellery. They may not be used without the prior written agreement of Obtuse Jewellery.
3. Commitment of the user
Each visitor or User to Obtuse Jewellery site, who provides information to Obtuse Jewellery grants Obtuse Jewellery full transfer rights relevant to such information, and authorizes Obtuse Jewellery to make use thereof as it deems fit. The information provided by visitors or users will be considered as non-confidential and must be accurate, lawful and non-detrimental to third party interests. Visitors and users are deemed to have taken note of the above warning and undertake to take heed of each of these recommendations.
4. Hypertext links
In no event will Obtuse Jewellery be responsible for the content of the sites it links to Obtuse Jewellery have no editorial control over those sites. These links are made available as a service to users of Obtuse Jewellery’s Website.
REVISION OF USER NOTICE Please note that Obtuse Jewellery may change, modify, add to or remove from portions or the whole of this User Notice at any time, and such changes shall become effective when the changes are posted to the Website. Obtuse Jewellery will notify visitors or users of any such change by posting a notice of the change on the Website. The visitors or users continued use of the Website following the posting of changes or updates, will be considered sufficient notice of the visitor’s or user’s acceptance of this User Notices, including any changes or updates. Date of Policy: 1 July 2021
PAIA
Obtuse Jewellery Manual in terms of Section 51 of the Promotion of Access to Information Act, 2 of 2000
INDEX
1 Introduction
2 Definitions
3 Guide in terms of section 10 of the Act 4 Facilitation of a request for access to information
5 Notices
6 Information available in terms of other legislation
7 Schedule of records
8 Information Automatically Available
9 Requesting Procedures
10 Prescribed Fees
11 Refusal Grounds
12 Availability of the manual
13 Contact Details
1. INTRODUCTION
In cases where an administrative action materially and adversely affects the rights or legitimate expectations of any person or the rights of the public, then the prescripts for a procedurally fair administrative action set out in the provisions of the Promotion of the Administrative Justice Act, 2000 (Act No. 3 of 2000), and in particular sections 4 and 5 will be adhered to.
1.1. Purpose of the Act Recognising inter alia that:
1.1.1. Section 32(1)(a) of the Constitution provides that everyone has the right of access to any information held by the state.
1.1.2. Section 32(1)(b) of the Constitution provides for the horizontal application of the rights of access to information held by another person to everyone when that information is required for the exercise or protection of any rights. And to:
1.1.3. Foster a culture of transparency and accountability in public and private bodies by giving effect to the right of access to information.
1.1.4. Actively promote a society in which the people of South Africa have effective access to information. The promotion of Access to Information Act, 2 of 2002 (‘the Act”) was enacted to give effect to the constitutional right of access to any information held by the State and any information that is held by another person and that is required for the exercise or protection of any rights.
1.2. Main business of Deponent Lynne Avis trading as Obtuse Jewellery has been in existence since 2015. We have extensive experience in jewellery design and manufacturing.
2. DEFINITIONS The following words will bear the following meaning in this manual:
2.1. “the Act”: The Promotion of Access to Information Act, No 2 0f 2002
2.2. “Working days”: means and day other than a Saturday, Sunday or Public Holiday
2.3. “Requester”: means any person making a request for access to a record
2.4. “Personal Requester”: means a requester who is seeking access to a record containing personal information about that requester
2.5. “Third Party”: means any other than the requester 2.6. “Deponent”: means Lynne Avis trading as Obtuse Jewellery
3. GUIDE IN TERMS OF SECTION 10 OF THE ACT (Section 51(1)(b))
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. FACILITATION OF A REQUEST FOR ACCESS TO INFORMATION Information which is not readily available as indicated in this manual, may be requested in accordance with the procedure prescribed in terms of The Act.
5. NOTICES
Published in terms of Section 52(2): At this stage no notice(s) has/have been published.
6. INFORMATION AVAILABLE IN TERMS OF OTHER LEGISLATION (Section 51 (1) (c))
6.1. BBBEE Act 53 of 2003
6.2. Companies Act 71 of 2008
6.3. Compensation for Occupational Injuries and Disease Act 130 of 1993
6.4. Competition Act 1998
6.5. Consumer Protection Act 68 of 2008
6.6. Electronic Communications and Transactions Act 25 of 2002
6.7. Income Tax Act 58 of 1962
6.8. Occupational Health and Safety Act 1993
6.9. Prevention of Combating of Corrupt Activities Act 12 of 2004
6.10. Promotion of Access to Information Act 2 of 2000
6.11. Protection of Personal Information Act 4 of 2013
6.12. Regulation of Interception of Electronic Communications Act 70 of 2002
6.13. Value Added Tax Act 89 of 1991
6.14. Any and all other legislation applicable to Obtuse Jewellery in South Africa
7. INFORMATION AVAILABLE IN TERMS OF THE ACT (Section 51(1)(d))
The Deponent holds and has records and or notes on the following subjects and categories:
7.1. Client Records 7.1.1. Records provided by a client 7.1.2. Records generated by or within Obtuse Jewellery
7.2. General
7.2.1. Financial records
7.2.2. Insurance records
7.2.3. Asset Register
7.2.4. Database
7.2.5. Marketing records
7.2.6. Internal Correspondence
7.2.7. External Correspondence
8. PROTECTION OF PERSONAL INFORMATION ACT, 2013 (POPIA)
8.1. Purpose of POPIA The Protection of Personal Information Act, 4 of 2013, (“POPIA”) regulates and controls the processing, including the collection, use, and transfer of a person’s personal information. In terms of POPIA, a person (Responsible Party) has a legal duty to collect, use, transfer and destroy (process) another’s (Data Subject) personal information (Personal Information) in a lawful, legitimate and responsible manner and in accordance with the provisions and the 8 processing conditions set out under POPIA.
8.2. Reasons why Obtuse Jewellery Processes Personal Information Obtuse Jewellery does and will from time to time process Personal Information which belongs or is held by a Data Subject. This processing is required by Obtuse Jewellery to allow it to perform the following:
8.2.1. to pursue its business objectives and strategies.
8.2.2. to comply with a variety of lawful obligations, including without detracting from the generality thereof:
• to carry out actions for the conclusion and performance of a contract as between Obtuse Jewellery and Data Subjects;
• to put in place protective mechanisms to protect the Data Subject’s and / or Obtuse Jewellery legitimate interest(s) including the performance of risk assessments and risk profiles;
• to obtain as required by law or to protect the respective party’s legitimate interests, Personal Information from a credit bureau or credit provider or credit association information about certain Data Subject’s credit record, including personal information about any judgement or default history;
• to provide as required by law or to protect the respective party’s legitimate interests Personal Information to credit bureaus, credit providers or credit associations, information about certain Data Subject’s credit record, including personal information about any judgement or default history;
8.2.3. for the purposes of making contact with the Data Subject and attending to the Data Subject’s enquiries and requests;
8.2.4. for the purpose of providing the Data Subject from time to time with information pertaining to Obtuse Jewellery, its officers employees, services and goods and other ad hoc business related information;
8.2.5. to pursue the Data Subject’s and / or Obtuse Jewellery legitimate interests, or that of a third party to whom the Personal Information is supplied;
8.2.6. for the purposes of providing, maintaining, and improving Obtuse Jewellery products and Services, and to monitor and analyse various usage and activity trends pertaining thereto;
8.2.7. for the purposes of performing internal operations, including management of employees, employee wellness programs, the performance of all required HR and IR functions, call centres, customer care lines and enquiries, attending to all financial matters including budgeting, planning, invoicing, facilitating and making payments, making deliveries, sending receipts, and generally providing commercial support, where needed, requested or required; and
8.2.8. for the purpose of preventing fraud and abuse of Obtuse Jewellery processes, systems, procedures and operations, including conducting internal and external investigations and disciplinary enquiries and hearings.
8.3. Storage and retention and destruction of information
8.3.1. Obtuse Jewellery will ensure that the Data Subject’s Personal Information is stored electronically in a centralised data base, which, for operational reasons, will be accessible to all within Obtuse Jewellery on a need to know and business basis, save that where appropriate, some of the Data Subject’s Personal Information may be retained in hard copy. All such Personal Information will be held and / or stored securely. In this regard Obtuse Jewellery will ensure that it performs regular audits regarding the safety and the security of all Data Subject’s Personal Information.
8.3.2. Once the Data Subject’s Personal Information is no longer required due to the fact that the purpose for which the Personal Information was held has come to an end and expired, such Personal Information will be safely and securely archived for the required prescribed periods or longer should this be required by Obtuse Jewellery. Obtuse Jewellery thereafter will ensure that such Personal Information is permanently destroyed.
8.4. Access by others and cross border transfer
8.4.1. Obtuse Jewellery may from time to time have to disclose a Data Subject’s Personal Information to other parties, including other organs of state, other departments or subsidiaries, product or third party service providers, regulators and or governmental officials, overseas service providers and or agents, but such disclosure will always be subject to an agreement which will be concluded as between Obtuse Jewellery and the party to whom it is disclosing the Data Subject’s Personal Information to, which contractually obliges the recipient of this Personal Information to comply with strict confidentiality and data security conditions.
8.4.2. Where Personal Information and related data is transferred to a country which is situated outside the borders of South Africa, the Data Subject’s Personal Information will only be transferred to those countries which have similar data privacy laws in place or where the recipient of the Personal Information is bound contractually to a no lesser set of obligations THAN those imposed by POPIA.
9. MANNER OF ACCESS (Section 51 (1) (e))
9.1. The requester must use the prescribed forms to make the request.
9.2. A person who wants access to the records must complete the necessary request forms that are available at the offices of Obtuse Jewellery, or they can be accessed on info@obtusejewellery.com. The completed request forms must be sent to the address or email address provided in this manual and marked for the attention of the Information Officer.
10. PRESCRIBED FEES (Section 51 (1) (f)) The fee structure is available on the following websites: South African Human Rights Commission www.sahrc.org.za The Department of Justice and Constitutional Development www.doj.gov.za
11. REFUSAL GROUNDS
11.1. In terms of Sections 62 to 69 of the Act access to a record may be refused on one or more of the following grounds:
11.1.1. Mandatory protection of the privacy of a third party who is a natural person.
11.1.2. Mandatory protection of the commercial information of third party. 11.1.3. Mandatory protection of certain confidential information of a third party.
11.1.4. Mandatory protection of the safety of individuals and the protection of property.
11.1.5. Mandatory protection of records privileged from production in legal proceedings.
11.1.6. The commercial information of Obtuse Jewellery.
11.1.7. Mandatory protection of research information of third party.
11.2. Despite any provisions of the Act, a request must be granted if the disclosure of the record would reveal evidence of a substantial contravention of, or failure to comply with, the law or imminent and serious public safety or environmental risk, and the public interest in the disclosure of the record clearly outweighs the harm contemplated.
12. AVAILABILITY OF THE MANUAL
Copies of the manual are available for inspection, free of charge, at the offices of Obtuse Jewellery, from the South African Human Rights Commission and at info@obtusejewellery.com.
13. CONTACT DETAILS (Section 51(1)(a))
Head of Business Lynne Avis Information Officer Lynne Avis Physical Address 105 Hope Street Gardens Cape Town 8001 Postal Address Telephone Number 072 969 5979 Email Address info@obtusejewellery.com Website www.obtusejewellery.com Date of Completion: 1 July 2021