PropelMapper PAIA Manual

1. DEFINITIONS

1.1 "Act or PAIA" means the Promotion of Access to Information Act No. 2 of 2000 (as amended);

1.2 "Data Subject" has the meaning ascribed to it in section 1 of POPIA;

1.3 "PAIA Regulations" means the regulations promulgated under PAIA;

1.4 "Personnel" means any permanent, temporary and part-time staff, contract workers, directors or officers of PropelMapper;

1.5 "Personal Information" has the meaning ascribed to it in section 1 of POPIA;

1.6 "POPIA" means the Protection of Personal Information Act No. 4 of 2014 (as amended);

1.7 "Private Bodies" has the meaning ascribed to it in section 1 of PAIA; and

1.8 "PropelMapper" means PropelMapper Proprietary Limited; incorporated and registered in the Republic of South Africa with registration number K2024365963.

2. BACKGROUND TO THE PROMOTION OF ACCESS TO INFORMATION ACT

2.1 PAIA was enacted on 3 February 2000, giving effect to the constitutional right in terms section 32 of the Bill of Rights contained in the Constitution of the Republic of South Africa 108 of 1996 (the Constitution) 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.

2.2 In terms of section 51 of the Act, all Private Bodies are required to compile an information manual, which details the procedural issues attached to a request for information, the prescribed rates, the requirements which such request must meet as well as the grounds for refusal or partial refusal of such request.

3. PURPOSE OF PAIA MANUAL

3.1 This PAIA Manual is intended to:

• 3.1.1 ensure that PropelMapper complies with the provisions of the Act; and
• 3.1.2 foster a culture of transparency and accountability within PropelMapper by giving effect to the right to information that is required for the exercise or protection of any right.

3.2 The purposes of this PAIA Manual are:

• 3.2.1 to provide a list of the available records of PropelMapper;
• 3.2.2 to set out the requirements with regard to who may request information in terms of PAIA, as well as the grounds on which a request may be denied; and
• 3.2.3 to define the manner and form in which a request for information must be submitted and to detail all fees applicable in respect of such information request.

4. INFORMATION REQUIRED IN TERMS OF SECTION 51(A) OF PAIA

Head of PropelMapper: Reghardt Pretorius (Cofounder)

Email of Head: [email protected]

Street Address: 403 Kings Highway, Lynnwood, Pretoria, South Africa

Postal Address: Same as above

Phone: 082 317 5111

Website: https://propelmapper.com

5. DETAILS OF INFORMATION OFFICERS OF PROPELMAPPER

Information Officer:

Name: Reghardt Pretorius

Position: Cofounder

Email: [email protected] / [email protected]

Phone: 082 317 5111

6. DESCRIPTION OF GUIDE REFERRED TO IN SECTION 10: SECTION 51(1)(B)

An official guide has been compiled which contains information to assist a person wishing to exercise a right of access to information in terms of PAIA and POPIA. This guide is made available by the Information Regulator (established in terms of POPIA). Copies of the updated guide are available from the Information Regulator free of charge. Any request for public inspection of the guide at the office of the Information Regulator or a request for a copy of the Guide from the Information Regulator must substantially correspond with Form 1 of Annexure A to Government Notice No. R.757 dated 27 August 2021 promulgated under the PAIA Regulations.

Contact Details:

• Attention: The Information Regulator (South Africa)
• Postal Address: JD House, 27 Stiemens Johannesburg, 2001
• Email: [email protected]
• Website: https://inforegulator.org.za/

Any person may request a copy of the Guide, or any part thereof, from the Information Regulator.

7. ENTRY POINT FOR REQUESTS

7.1 PAIA provides that a person may only make a request for information if the information is required for the exercise or protection of a legitimate right.

7.2 Information will therefore not be furnished unless a person provides sufficient particulars to enable PropelMapper to identify the right that the requester is seeking to protect as well as an explanation as to why the requested information is required for the exercise or protection of that right.

7.3 The requester is required to comply with the procedural requirements in terms of the Act pertaining to a request for access.

7.4 The exercise of an individual's rights is subject to justifiable limitations, including the reasonable protection of privacy, commercial confidentiality and effective, efficient and good governance. PAIA and the request procedure contained in this PAIA Manual may not be used for access to a record for criminal or civil proceedings, nor should information be requested after the commencement of such proceedings.

8. AUTOMATICALLY AVAILABLE INFORMATION IN TERMS OF SECTION 52(2) OF PAIA

8.1 Information that is obtainable via the PropelMapper website about PropelMapper is automatically available and need not be formally requested in terms of this PAIA Manual.

8.2 The following categories of records are automatically available for inspection, purchase or photocopying (unless any of them have confidential information):

• 8.2.1 Product brochures and marketing materials
• 8.2.2 Press releases
• 8.2.3 User guides and documentation
• 8.2.4 API documentation
• 8.2.5 Privacy Policy
• 8.2.6 Terms of Service
• 8.2.7 Various other promotional material

9. SUBJECTS AND CATEGORIES OF RECORDS HELD BY PROPELMAPPER: SECTION 51(1)(E)

9.1 In terms of POPIA, Personal Information must be processed for a specified purpose. The purpose for which data is processed by PropelMapper will depend on the nature of the data and the particular Data Subject. This purpose is ordinarily disclosed, explicitly or implicitly, at the time the data is collected.

9.2 In general, PropelMapper collects and processes Personal Information:

• 9.2.1 To meet our responsibilities to our customers (agricultural advisors)
• 9.2.2 To meet our responsibilities to Personnel
• 9.2.3 To meet our contractual responsibilities to third-party service providers
• 9.2.4 To inform customers of products and services
• 9.2.5 To comply with all legal and regulatory requirements
• 9.2.6 To protect and pursue the legitimate interests of PropelMapper or third parties to whom Personal Information is provided
• 9.2.7 For any further purposes related to the above

9.3 Please refer to PropelMapper's Privacy Policy at https://propelmapper.com/privacy for further information.

9.4 Categories of Data Subjects and Personal Information collected by PropelMapper:

9.5 The recipients or categories of recipients to whom Personal Information may be supplied:

• 9.5.1 Any legal or juristic person with an appropriate legal basis
• 9..5.2 Third-party service providers (cloud hosting, payment processors, support tools)
• 9.5.3 Regulatory and governmental authorities where PropelMapper has a duty to share information
• 9.5.4 Companies within the PropelMapper group
• 9.5.5 Personnel

9.6 Planned trans-border flows of Personal Information

PropelMapper may send personal information to third party service providers outside of the Republic of South Africa for the purposes of storing information on cloud-based systems and/or fulfilling business functions relevant to providing products and services. PropelMapper will not send information to a country that does not have data protection legislation similar to that of South Africa, or otherwise in accordance with POPIA.

9.7 General description of information security measures implemented by PropelMapper

• 9.7.1 PropelMapper takes extensive information security measures to ensure the security, confidentiality, integrity and availability of Personal Information in our possession through appropriate technical and organisational measures.
• 9.7.2 Information security measures include documented policies and practices, logical and physical access controls, encryption, incident response procedures, and business continuity and disaster recovery procedures.

10. INFORMATION AVAILABLE IN TERMS OF OTHER LEGISLATION: SECTION 51(1)(D)

• 10.1 Companies Act 71 of 2008
• 10.2 POPIA
• 10.3 PAIA
• 10.4 Such other legislation as applicable from time to time

11. CATEGORIES OF RECORD AVAILABLE UPON REQUEST

11.1 PropelMapper maintains records on the categories and subject matters listed below. Recording a category in this manual does not imply that access will be granted. All requests are evaluated case by case in accordance with PAIA.

11.2 Many records held by PropelMapper are those of third parties (clients and their agricultural data subjects). PropelMapper takes protection of third party confidential information seriously. Requests for access to these records will be considered carefully and must be properly motivated.

12. REQUEST PROCEDURE

12.1 Completion of the prescribed form

• 12.1.1 Any request must substantially correspond with Form 2 of Annexure A to Government Notice No. R.757 dated 27 August 2021
• 12.1.2 Non-compliant requests will be returned
• 12.1.3 POPIA provides that Data Subjects may request confirmation of information held about them, free of charge
• 12.1.4 Written fee estimates will be provided before service delivery
• 12.1.5 Data Subjects may object to processing on reasonable grounds
• 12.1.6 Data Subjects may request correction or deletion of inaccurate information

12.2 Proof of identity

Certified copy of identity document or other legal proof of identity required.

12.3 Payment of prescribed fees

• 12.3.1 Request fee: R140.00
• 12.3.2 Access fee: Calculated based on reproduction, search, preparation and postal costs
• 12.3.3 Records will not be disclosed until fees are paid in full

12.4 Timelines

• 12.4.1 Requests processed within 30 days (extensions possible with notification)
• 12.4.2 Decision communicated on Form 3 of Government Notice No. R.757

12.5 Grounds for refusal

• 12.5.1 Protection of third party personal information
• 12.5.2 Protection of commercial information and trade secrets
• 12.5.3 Breach of confidence owed to third party
• 12.5.4 Safety or property rights concerns
• 12.5.5 Legal privilege
• 12.5.6 Commercial disadvantage or competitive prejudice
• 12.5.7 Research information
• 12.5.2 Section 70 override: Disclosure compulsory if it reveals law contraventions or serious public safety risks, and public interest outweighs harm.

13. REMEDIES AVAILABLE ON REFUSAL

13.1 No internal appeal procedure exists. Information Officer's decision is final.

13.2 Requester may apply to court of competent jurisdiction.

13.3 Third parties have 30 days to appeal decisions granting access.

14. AVAILABILITY OF THIS MANUAL

Copies available:

• 14.1 For public inspection at PropelMapper offices during business hours
• 14.2 On the PropelMapper website at https://propelmapper.com/paia-manual
• 14.3 Upon request with payment of prescribed fee
• 14.4 To the Information Regulator upon request