CREDIT SALVAGE PAIA MANUAL

DEFINITIONS

Any other terms not described herein will have the meaning as ascribed to it in terms of PAIA or POPI.

INTRODUCTION

• For the purpose of POPI and PAIA, Credit Salvage Corporation SA (Pty) Ltd (“Credit Salvage”) is defined as a private body. In accordance with the organisation’s obligations in terms of POPI and PAIA, Credit Salvage has produced this manual.

• The Promotion of Access to Information Act 2000 was implemented on 9 March 2001. PAIA aims to uphold the Constitutional right to access information held by the State or any other entity when such information is necessary for exercising or safeguarding any rights. It grants individuals and legal entities the right to access records held by public or private bodies, with certain limitations, to facilitate the exercise or protection of their rights.

• PAIA establishes the procedural aspects related to information requests, which include the requirement to create a PAIA Manual. Private bodies are mandated by Section 51 of PAIA to compile a manual that allows individuals to access information held. The manual specifies the minimum criteria that must be met.

• If a person wishes to obtain information from a private body under PAIA, the request must be made in the prescribed format outlined in the private body's PAIA Manual. Once the request is received, the private body must disclose the information if the requester can demonstrate that the record is necessary for exercising or protecting their rights, provided that no grounds for refusal stated in PAIA are applicable.

PAIA MANUAL

• This Manual serves as Credit Salvage’s PAIA manual, complying with section 51 of PAIA as amended by the Protection of Personal Information Act, 2013 (POPIA). POPIA, which primarily came into effect on 1 July 2020, upholds individuals' Constitutional right to privacy and emphasizes the protection of personal information handled by public and private entities. It establishes specific conditions to establish minimum requirements for the handling of personal information.

• POPIA amends certain provisions of PAIA, striking a balance between the need for information access and the necessity to safeguard personal information. It establishes an Information Regulator with certain powers, duties, and functions under both POPIA and PAIA. Additionally, it introduces codes of conduct and safeguards individuals' rights concerning unsolicited electronic communications and automated decision-making processes. The aim is to regulate the flow of personal information and address related matters.

• We have compiled this Manual to provide you with guidance and ensure that you understand the procedural and other requirements that must be fulfilled when making a PAIA request to Credit Salvage.

OUR CONTACT DETAILS        

Background information of the Group can be found at:

About us - Credit Salvage

GUIDE OF SAHRC

• A guide to PAIA and how to access information in terms of PAIA has been published pursuant to section 10 of PAIA.

• The guide contains information required by an individual who may wish to exercise their rights in terms of PAIA.

• Should you wish to access the guide you may request a copy from the Information Officer by submitting ANNEXURE A, attached hereto, to the details specified above or you may also inspect the guide at Credit Salvage’s Head Office during ordinary working hours.

• You may also request a copy of the guide from Information Regulator at the following details:

Information Regulator: 

Postal Address:             P.O. Box 31533, Braamfontein, Johannesburg, 2017

Telephone:                    (010) 023 5200

Website:                         Justice department website 

Email:                             PAIA Compliance email address

LATEST NOTICES IN TERMS OF SECTION 52(2) OF PAIA

At this stage, no Notice(s) has / have been published on the categories of records that are available without having to request access to them in terms of PAIA.

AVAILABILITY OF CERTAIN RECORDS IN TERMS OF PAIA

• Credit Salvage holds and/or process the following records for the purposes of PAIA and POPI.

• The following records below may be requested; however, it should be noted that there is no guarantee that the request will be honoured. Each request will be evaluated in terms of PAIA and any other applicable legislation.

• All services are available freely on Credit Salvage ’s website as set out above.

SCHEDULE OF RECORDS

RECORDS AVAILABLE IN TERMS OF OTHER LEGISLATION

• Credit Salvage may be in possession of records in terms of the following legislation as and when applicable:
  • Basic Conditions of Employment Act 75 of 1997.
  • Companies Act 71 of 2008.
  • Compensation for Occupational Injuries and Diseases Act 130 of 1993.
  • Electronic Communications Act No. 36 of 2005.
  • Electronic Communications and Transactions Act 25 of 2002.
  • Employment Equity Act 55 of 1998.
  • Exemption Notices promulgated under the Usury Act to the extent that they apply in terms of the provisions of Schedule 3 of the National Credit Act.
  • Financial Intelligence Centre Act 38 of 2001.
  • Insolvency Act No. 24 of 1936.
  • Income Tax Act 58 of 1962.
  • Labour Relations Act 66 of 1995.
  • National Credit Act No. 34 of 2005
  • National Credit Regulations promulgated under the National Credit Act.
  • Occupational Health and Safety Act 85 of 1993.
  • Pension Funds Act 24 of 1956.
  • Promotion of Access to Information Act 2 of 2000.
  • Protection of Personal Information Act 4 of 2013.
  • Skills Development Act no. 97 of 1998.

• Skills Development Levies Act 9 of 1999.
• Unemployment Insurance Contributions Act 4 of 2002.
• Unemployment Insurance Act 30 of 1996.
• Usury Act, 73 of 1968
• Value Added Tax Act 89 of 1991.

REQUEST PROCESS

• An individual who wishes to place a request must comply with all the procedures laid down in PAIA.

• The requester must complete ANNEXURE B, which is attached hereto and submit it to the Information Officer at the details specified above.

• The prescribed form must be submitted as well as payment of a request fee and a deposit, if applicable to the information officer at the postal or physical address, fax number or electronic mail as is stated herein.

• The prescribed form must be completed with enough particularity to enable the information officer to determine:
  • The record(s) requested;
  • The identity of the requestor;
  • What form of access is required; and
  • The Postal address or fax number of the requestor.

• The requestor must state that the records are required for the requestor to exercise or protect a right, and clearly state what the nature of the right is so to be exercised or protected. An explanation of why the records requested is required to exercise or protect the right.

• The request for access will be dealt with within 30 days from date of receipt, unless the requestor has set out special grounds that satisfies the Information Officer that the request be dealt with sooner.

• The period of 30 days may be extended by not more than 30 additional days, if the request is for a large quantity of information, or the request requires a search for information held at the head office of Credit Salvage and the information cannot be reasonably obtained within 30 days. The information officer will notify the requestor in writing should an extension be necessary.

• The requestor will be informed in writing whether access to the records have been granted or denied. If the requestor requires a reason for the decision the request must be expressed in the prescribed form, the requestor must be further stated what particulars of the reasoning the requestor requires.

• If a requestor has requested the records on another individual’s behalf, the requestor must submit proof of the capacity the requestor submits the request in, to the satisfaction of the information officer.

• Should the requestor have any difficulty with the form, or the process laid out herein, the requestor should contact the Information Officer for assistance.

• An oral request can be made to the Information Officer should the requestor be unable to complete the form due to illiteracy or disability. The Information Officer will complete the form on behalf of the requestor and provide a copy of the form to the requestor.

GROUNDS FOR REFUSAL

• The following are grounds upon which Credit Salvage may, subject to the exceptions in Chapter 4 of PAIA, refuse a request for access in accordance with Chapter 4 of PAIA:

• Mandatory protection of the privacy of a third party who is a natural person, including a deceased person, where such disclosure of Personal Information would be unreasonable.

• Mandatory protection of the commercial information of a third party, if the Records contain:
  • Trade secrets of that third party;
  • Financial, commercial, scientific, or technical information of the third party, the disclosure of which could likely cause harm to the financial or commercial interests of that third party; and/or
  • Information disclosed in confidence by a third party to Credit Salvage, the disclosure of which could put that third party at a disadvantage in contractual or other negotiations or prejudice the third party in commercial competition;

• Mandatory protection of confidential information of third parties if it is protected in terms of any agreement;

• Mandatory protection of the safety of individuals and the protection of property;

• Mandatory protection of Records that would be regarded as privileged in legal proceedings;

• Protection of the commercial information of Credit Salvage, which may include:
  • Trade secrets;
  • Financial/commercial, scientific, or technical information, the disclosure of which could likely cause harm to the financial or commercial interests of Credit Salvage;
  • Information which, if disclosed, could put Credit Salvage at a disadvantage in contractual or other negotiations or prejudice Credit Salvage in commercial competition; and/or
  • Computer programs which are owned by Credit Salvage, and which are protected by copyright and intellectual property laws;

• Research information of Credit Salvage or a third party, if such disclosure would place the research or the researcher at a serious disadvantage; and

• Requests for Records that are clearly frivolous or vexatious, or which involve an unreasonable diversion of resources.

REMEDIES SHOULD A REQUEST BE REFUSED

• Credit Salvage does not have an internal appeal procedure in light of a denial of a request, decisions made by the information officer is final.

• The requestor may in accordance with sections 56(3) (c) and 78 of PAIA, apply to a court for relief within 180 days of notification of the decision for appropriate relief.

FEES

The following fees shall be payable upon request by a requestor:

POPI

• Conditions for lawful processing:
  • POPI has eight conditions for lawful processing and includes:
    • Accountability
    • Processing limitation
    • Purpose specification
    • Further processing limitation
    • Information quality
    • Openness
    • Security safeguards
    • Data subject participation

• Credit Salvage is involved in the following types of processing:
  • Collection
  • Recording
  • Organization
  • Structuring
  • Storage
  • adaptation or alteration
  • retrieval
  • consultation
  • use
  • disclosure by transmission
  • dissemination or otherwise making available
  • alignment or combination
  • restriction
  • erasure
  • destruction

• Credit Salvage processes information for the following purposes:
  • to fulfil agreements in relation to its employees;
  • to provide services to its Clients in accordance with terms agreed to by the Clients;
  • to undertake activities related to the provision of services, such as:
    • to fulfil domestic legal, regulatory and compliance requirements
    • to verify the identity of client representatives who contact Credit Salvage or may be contacted by Credit Salvage;
    • for risk assessment, information security management, statistical, trend analysis and planning purposes;
    • to monitor and record calls and electronic communications with the Client for quality, training, investigation, and fraud prevention purposes;
    • to enforce or defend Credit Salvage
    • to manage Credit Salvage relationship with its clients, which may include providing information to its clients and its clients affiliates about Credit Salvage products and services;
  • the purposes related to any authorised disclosure made in terms of agreement, law, or regulation;
  • any additional purposes expressly authorised by Credit Salvage client;
  • any additional purposes as may be notified to the Client or Data Subjects in any notice provided by Credit Salvage.

• Credit Salvage processes personal information the following categories of Data Subjects:
  • Juristic persons –
    • Corporate clients
    • Suppliers
  • Natural persons –
    • Individuals
    • Staff
    • Clients
    • Suppliers

• Credit Salvage process the following categories personal information:
  • Client profile information;
  • Bank account details;
  • Payment information;
  • Client representatives;
  • Names;
  • Email Addresses;
  • Telephone numbers;
  • Facsimile numbers;
  • Physical addresses;
  • Tax numbers;
  • Identity Numbers;
  • Passport Numbers;

• Recipients of Personal Information:
  • Credit Salvage, Credit Salvage associates, their respective representatives

• When making authorised disclosures or transfers of personal information in terms of Section 72 of POPI, personal information may be disclosed to recipients in countries that do not have the same level of protection for personal information as South Africa does.

• The following Security measures are implemented by Credit Salvage:
  • Credit Salvage implements numerous security measures to protect personal information that is stored electronically and physically.
  • Credit Salvage ensures that appropriate security measures are taken and updates these measures on a regular basis.
  • Credit Salvage have also implemented various policies for additional security for personal information stored both physically and electronically.

• The personal information that is stored physically is protected as follows:
  • Where physical records of the data exist, such records will be stored in a secure area that can be ‘locked-away’ as to avoid a breach of the personal information.
  • Such physical data records will be ‘locked-away’ and secured when not in use. 

• Credit Salvage may share personal information with third parties and in certain instances this may result in cross-border flow of the personal information. Personal information will always be subject to protection, not less than the protection it is afforded under the Protection of Personal Information Act No.4 of 2013.

• Objection to the processing of personal information by a data subject:
  • Section 11(3) of POPI and regulation 2 of the POPI regulations provides that a data subject may, at any time object to the processing of their personal information in the prescribed form attached to this manual as ANNEXURE “C”. 

• Request for correction or deletion of personal information:
  • Section 24 of POPI and regulation 3 of the POPI regulations provides that a data subject may request for their personal information to be corrected and/or deleted in the prescribed form attached hereto as ANNEXURE “D”.

SIGNATURE OF INFORMATION OFFICER: 

DATE: 8 September 2023    

 **You can download a PDF version of these forms for completion at the bottom of this page**