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Privacy Policy
Privacy Policy
This privacy policy discloses the privacy practices for the website, www.thegivinggreenstore.co.za. We at The Giving Green Store take our users privacy seriously and we will only collect and use your personal information as outlined below and in our terms and conditions. This privacy policy must be read together with the terms and conditions (*include a link to the terms and conditions here). We shall take all reasonable steps to protect your personal information.
A. DEFINITIONS
“The Company” as defined in the General Terms and Conditions. “consent” means any voluntary, specific and informed expression of will in terms of which a user agrees to the processing of personal information relating to him or her; “personal information” means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person and information as defined in the Protection of Personal Information Act 4 of 2013, including, but not limited to—
(a) information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person;
(b) information relating to the education or the medical, financial, criminal or employment history of the person;
(c) any identifying number, symbol, e-mail address, physical address, telephone number or other particular assignment to the person;
(d) the personal opinions, views or preferences of the person;
(e) correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;
(f) the views or opinions of another individual about the person; and
(g) the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person;
“Processing” means the creation, generation, communication, use, storage, amendment and destruction of personal information as more fully defined in the Protection of Personal Information Act 4 of 2013.
“user(s)” as defined in the General Terms and Conditions;
“Website” as defined in the General Terms and Conditions.
1. Personal information collected The Company agrees to notify you of:
1.1 What personally identifiable information of yours or third party personal identification is collected from you via this site.
1.2 The organization collecting the information;
1.3 How the information is used;
1.4 With whom the information may be shared;
1.5 What choices are available to you regarding collection, use and distribution of the information;
1.6 The kind of security procedures that are in place to protect the loss, misuse or alteration of Information under our control.
1.7 How you can correct any inaccuracies in the information.
2. Collection of Personal Information
When you purchase an item from the website, the personal information we collect may include your:
2.1 Name and Surname
2.2 Delivery Address;
2.3 Email Address;
2.4 Telephone Number;
2.5 Date of Birth;
2.6 Gender;
2.7 ID number / passport number;
2.8 Non-personal browsing habits and click patterns
2.9 Product description and images
3. Disclosure of Personal Information
3.1. We neither rent nor sell your Personal Information. We may share such Personal Information in personally identifiable form with third parties as described below:
3.1.1. Trusted Third Parties: We may employ other companies and people to perform tasks on our behalf and need to share your information with them to provide the Service to you. Unless we tell you differently, such third parties do not have any right to use the Personal Information we share with them beyond what is necessary to assist us. This includes third party companies and individuals employed by us to facilitate our Service, including the provision of maintenance services, database management, Web analytics and general improvement of the Service.
3.1.2. Business Transfers: We may choose to buy or sell assets. In these types of transactions, customer information is typically one of the business assets that is transferred. Also, if we (or substantially all of our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, Personal Information would be one of the assets transferred to or acquired by a third party.
3.1.3. Protection of the Company and Others: We reserve the right to access, read, preserve, and disclose any information that we reasonably believe is necessary to comply with law or a court order; enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety the Company, our employees, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
3.1.4 Access to personal information held by the Company may also be requested by third parties. The Promotion of Access to Information Act 2 of 2000 regulates and sets out the procedure for such a request and the circumstances where such a request can be refused.
3.1.5 With Your Consent: Except as set forth above, you will be notified when your Personal Information may be shared with third parties, and will be able to prevent the sharing of this information.
4. How we may use your personal information
When you purchase an item from the Company using the website, we may:
4.1. use your personal information to send you marketing and/or promotional materials from time to time.
5. Security of Your Personal Information
5.1. The Company ensures that all information collected will be safely and securely stored. We will take all reasonable steps to protect your personal information by:
5.1.1. Restricting access to personal information
5.1.2. Maintaining technology products to prevent unauthorised computer access and security vulnerabilities
5.1.3. Securely destroying your personal information when it’s no longer needed for our record retention purposes
6. Collection of Computer Data
6.1. When you visit the website, our Company servers will automatically record information that your browser sends whenever you visit a website. This data may include:
6.1.1. Your computer’s IP address
6.1.2. Browser type
6.1.3. Webpage you were visiting before you came to our site
6.1.4. The pages you visit on our site
6.1.5. The time spent on those pages, items and information searched for on our site, access times and dates, and other statistics
6.2. We may use your country location, as per your IP address to improve your experience on the website.
6.3. This information is collected for analysis and evaluation in order to help us improve our site and the services and products we provide.
6.4. The Company tracks personal information about users via the use of cookies. These are used to enhance your experience on the site. These cookies are stored on your computer and may be deleted by you at any time. Users may also elect to disable cookies, but we take no responsibility for a loss of functionality in this case.
GENERAL
10.1 The Company will ensure that its employees are aware of their responsibilities regarding the protection of personal information in terms of the applicable legislation. Employees are also bound by the confidentiality policies of the Company.
10.2 The Company will process your personal information in a lawful and reasonable manner.
10.3 The Company will update your personal information when you inform us of any changes.
10.4 The Company will delete your personal information when you request us to do so; however this may result in the termination of services to you, where the personal information is required to give effect to those services.
DISCLAIMER
The Company will implement the necessary and reasonable safety and security measures to protect and secure personal information provided to us and prevent access, damage, destruction and/or loss to your personal information from unauthorised third parties.
The Company expressly disclaims all liability for any direct, indirect or consequential loss or damage whatsoever that may occur by the submission of personal information to us via the website as a result of unlawful access, alteration, interception, misuse and/or theft of personal information by any unauthorised third parties.
7. Amendments to the Privacy Policy.
7.1 The Company reserves the right to modify and change the Privacy Policy at any time. Any changes to this policy will be published on our site with the effective date.
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THE PROMOTION OF ACCESS TO INFORMATION ACT
The Promotion of Access to Information Act, 2 of 2000, gives effect to the constitutional right of access to any
information held by private bodies that is required for the exercise or protection of any rights.
SECTION 51 MANUAL FOR THE GIVING GREEN STORE (PTY) LTD
2022/737214/07
Table of Contents
2.CONTACT DETAILS AND GENERAL INFORMATION.. 3
3.HUMAN RIGHTS COMMISSION GUIDELINE. 3
4.WHO MAY REQUEST INFORMATION.. 4
5.4 The Giving Green Store Records. 5
6.1 Prescribed Access Form.. 6
6.4 Grounds for refusal of access of records. 7
6.5 Records that cannot be found or do not exist 8
7.DECISION ON REQUEST AND NOTICE THEREOF. 8
8.THIRD PARTY NOTIFICATION AND INTERVENTION.. 8
10.AVAILABILITY OF THE MANUAL. 8
1.INTRODUCTION
This manual on access to information held by The Giving Green Store (Pty) Ltd, hereinafter referred to as “The Giving Green Store”, is compiled in terms of section 51 of the Promotion of Access to Information Act (hereafter referred to as “the Act”).
The object of the Act is 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; and to provide for matters connected therewith.
2.CONTACT DETAILS AND GENERAL INFORMATION
The following contact details can be used to obtain information from The Giving Green Store in accordance with the Act and this manual. The Giving Green Store conducts its business from a centralised office situated in Pretoria, Gauteng.
Information Officer:
BONITA SHEREE JANSEN
Phone:
071 427 5219
E-mail:
Postal Address:
686 Umhlanga Street, Pretoria, Gauteng, 0181
Physical Address
686 Umhlanga Street, Pretoria, Gauteng, 0181
3.HUMAN RIGHTS COMMISSION GUIDELINE
In terms of section 10 of the Act, the South African Human Rights Commission (“SAHRC”) is responsible for developing a guide containing a description of the aims of the Act, the contact details of the information officers of all the public bodies, particulars of the public bodies, the manner of access to the records of those public bodies and the remedies available in law regarding a breach of any of the provisions of the Act. This guide is available in hard copy from the SAHRC or can be accessed on their website. The details are as follows:
Phone
+27 (11) 877 3600
PAIA@sahrc.org.za
Postal Address
Private Bag: X2700 Houghton, 2041
Physical Address
Braampark Forum, 333 Hoofd Street, Braamfontein 2017
Website
4.WHO MAY REQUEST INFORMATION
Any person may request access to information from The Giving Green Store, in terms of section 50(1) of the Act, provided that:
• The record is required for the exercise or protection of any rights.
• The requestor complies with the procedural requirements defined in the Act relating to a request for access to that record; and
• Access to the record is not refused in terms of any ground for refusal contemplated in the Act.
5.CATEGORIES OF RECORDS
All information held by The Giving Green Store is classified and grouped according to records relating to the following subjects and categories:
5.1 Personnel Records
Records which contain information of employees that include:
• Any personal records provided to The Giving Green Store by the employee/personnel,
• Any records a third party has provided The Giving Green Store about its personnel, and
• Conditions of employment and other employee-related contractual and quasi-legal records
5.2 Client Related Records
Records which contain information of clients (any natural or juristic entity) that receive a service from The Giving Green Store that include:
• Any records a client has provided to The Giving Green Store or to a third party acting for and on behalf of The Giving Green Store,
• Any records a third party has provided to The Giving Green Store, and
• Records generated by or within The Giving Green Store pertaining to its clients
5.3 Other Party Records
Records pertaining to other parties held by The Giving Green Store or vice versa. Other parties include, but are not limited to suppliers, service providers and subsidiary/holding/sister companies.
5.4 The Giving Green Store Records
Records that include, but are not limited to, information relating to:
• Financial Reports
• Operations (sales, client services and claims)
• Training
• Marketing
• Newsletters
• Complaints procedures
• Internal policies and procedures
Each request will be evaluated on its own merits and should a request be made for records that fall under any of the categories of exemption, such a request will be refused.
6.ACCESS TO A RECORD
6.1 Prescribed Access Form
Any person who wishes to request information from The Giving Green Store with the aim of protecting or exercising a right may contact the information officer as described under paragraph 2 above.
In order for the request to be entertained, the request must be received by the information officer on the prescribed form. The prescribed time periods will not commence until all pertinent information has been furnished to The Giving Green Store by the requestor.
Refer to Form A to this manual for the format of the prescribed form.
6.2 Prescribed Fee
In terms of section 54 of the Act, unless it is a personal request, a request fee will be levied as prescribed before any further processing is made. Herein below is a list of applicable fees.
A personal request means a requestor seeking access to a record containing personal information that concerns them. The only fee applicable and payable for access to records is a fee for the reproduction of records.
The Giving Green Store may withhold a record until the request fee has been paid.
TABLE OF FEES IN RESPECT OF PRIVATE BODIES
Charges | Cost |
Electronic PDF copy of the Manual | Free |
Posted Paper Copy of the Manual | R15.00 |
Request Fee (Other than a personal requestor) | R50.00 |
Access Fee: Electronic Record Format: A4 | R0.75 per page |
Reproduce: Electronic Record Format: A4 | R0.75 per page |
Access Fee: Photocopy Record Format: A4 | R1.10 per page |
Reproduce fee: Photocopy Record Format: A4 | R1.10 per page |
Access Fee: Transcription of Audio record: A4 | R20.00 per page |
Reproduce Fee: Transcription of Audio record: A4 | R20.00 per page |
Access Fee: Copy of Audio record | R30.00 |
Access to or Record on Compact Disc | R70.00 |
Access Fee: Transcription of Visual Images: A4 | R40.00 per page |
Reproduce Fee: Transcription of Visual Images: A4 | R40.00 per page |
Access Fee: Copy of Visual Image | R60.00 |
Reproduction Fee: Copy of Visual Image | R60.00 |
6.3 Request Procedure
The requester must use the prescribed form, annexure A to this manual, to make the request for access to a record. This must be made to the head of the private body. This request must be made to the address or electronic mail address of the body concerned.
The requester must provide sufficient detail on the request form to enable the head of the private body to identify the record and the requester. The requester should also indicate which form of access is required. The requester should also indicate if any other manner is to be used to inform the requester and state the necessary particulars to be so informed.
The requester must identify the right that is sought to be exercised or to be protected and provide an explanation of why the requested record is required for the exercise or protection of that right.
If a request is made on behalf of another person, the requester must then submit proof of the capacity in which the requester is making the request to the satisfaction of the head of the private body.
6.4 Grounds for refusal of access of records
The Giving Green Store reserves its right to refuse and or grant access to records in accordance with Chapter 4 of the Act. The grounds upon which The Giving Green Store could refuse access to records are:
- Mandatory protection of the privacy of a third party who is a natural person, which would involve the unreasonable disclosure of personal information of that natural person,
- Mandatory protection of the commercial information of a third party, where the requested record/s contain:
- Trade secrets of that third party;
- Financial, commercial, scientific or technical information, the disclosure of which would cause harm to the financial or commercial interests of that third party;
- Information disclosed in confidence by a third party to the institution if the disclosure of such information could put that third party at a disadvantage in negotiations or 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 which are regarded as privileged in legal proceedings.
- Protection of the commercial activities of The Giving Green Store, which include:
- Trade secrets;
- Financial, commercial, scientific or technical information, the disclosure of which would harm the financial or commercial interests of The Giving Green Store;
- Information which, if disclosed, could put The Giving Green Store at a disadvantage in negotiations or commercial competition;
- Computer programs and related information technology software owned by The Giving Green Store and protected by copyright.
- Research information compiled by The Giving Green Store or a third party, if its disclosure would place the research at a serious disadvantage.
6.5 Records that cannot be found or do not exist
In terms of section 55 of the Act, The Giving Green Store will after all reasonable steps have been taken to find the record requested notify the requester as prescribed by affidavit or affirmation should the record not be found or, does not exist.
7.DECISION ON REQUEST AND NOTICE THEREOF
In terms of section 56 of the Act, The Giving Green Store will notify the requestor as soon as reasonably possible within 30 days of receipt of a correctly completed request of the decision as to whether or not to grant the request.
The 30-day period within which the Information Officer has to decide whether to grant or refuse the request, may be extended for a further period of not more than 30 days, if the request is made for a large amount of information, or the request requires a search for information held at another office and the information cannot reasonably be obtained within the original 30-day period.
8.THIRD PARTY NOTIFICATION AND INTERVENTION
If the request is for a record pertaining to third parties, the Information Officer must take all reasonable steps to notify the relevant third party of the request. This must be done within 21 days of receipt of the request. The third party may within 21 days thereafter either makes representation to The Giving Green Store as to why the request should be refused; alternatively, such third party, can grant written consent to the disclosure of the record.
9.RIGHTS OF APPEAL
A requestor that is dissatisfied with the Information Officer’s refusal to grant access to any information may, within 30 days of notification of the decision, apply to court for relief. Likewise, a third party dissatisfied with the Information Officer’s decision to grant a request may, within 30 days of notification of the decision, apply to court for relief.
10.AVAILABILITY OF THE MANUAL
The manual is available for inspection at the office of The Giving Green Store, free of charge, or a copy can be sourced from The Giving Green Store’s website.
FORM A
REQUEST FOR ACCESS TO A RECORD OF PRIVATE BODY
(Section 53(1) of the Promotion of Access to Information Act, 2 of 2000)
The Information Officer
Bonita Sheree Jansen
Physical Address
686 Umhlanga Street
Pretoria
Gauteng
0181
Email address
Request Details
Particulars of person requesting access to the record
Full names and surname | |
Identity Number | |
Postal Address | |
Telephone Number | |
E-mail Address | |
Capacity in which request is made, when made on behalf of another person |
(Proof of the capacity in which the request is made, if applicable, must be attached.)
Particulars of person on whose behalf request is made
(This section must be completed only if a request for information is made on behalf of another person.)
Full names and surname | |
Identity Number |
Particulars of record
Provide full particulars of the record to which access is requested, including the reference number if that is known to you, to enable the record to be located.
If the provided space is inadequate, please continue a separate folio and attach it to this form. The requester must sign all additional folios.
Description of record or relevant part of the record |
Reference Number (if available) |
Any further particulars of record |
Fees
a) A request for access to a record, other than a record containing personal information about you, will be processed only after a request fee has been paid.
b) You will be made to pay a fee for reproduction.
Reason for exemption from payment of fees (if applicable) |
Form of access to record
If you are prevented by a disability to read, view or listen to the record in the form of access provided for kindly, state your disability and indicate in which form the record is required.
Disability | Form in which record is required |
Notes:
a) Compliance with your request in the specified form may depend on the form in which the record is available.
b) Access in the form requested may be refused in certain circumstances. In such a case you will be informed if access will be granted in another form.
c) The fee payable for access to the record, if any, will be determined partly by the form in which access is requested.
(Mark the appropriate box with an X)
If the record is in written or printed form | |||||
Copy of record* | Inspection of record | ||||
If the record consists of visual images | |||||
View the images | Copy of images* | Transcription of images* | |||
If the record consists of recorded words or information which can be reproduced in sound | |||||
Listen to the soundtrack (audio cassette) | Transcription of soundtrack* (written/printed document) | ||||
If the record is held on computer or in an electronic or machine-readable form | |||||
Printed copy of record* | Printed copy of information from the record* | Copy in computer readable form* (compact disc) | |||
*If you request a copy or transcription of a record, do you wish the copy or transcription to be posted to you? If yes, postage is payable | Y | N |
Particulars of right to be exercised or protected
(a)If the provided space is inadequate, please continue on a separate folio and attach it to this form.
(b)The requester must sign all the additional folios.
Indicate which right is to be exercised or protected |
Explain why the record requested is required for the exercise or protection of the said right |
Notice of decision regarding request for access
You will be notified in writing whether your request has been approved/denied. If you wish to be advised in another manner, please specify the manner and provide the necessary particulars to enable compliance with your request.
Signed at___________________________________ on this _____ day of 20____
……………………………………………
SIGNATURE OF REQUESTER / PERSON ON BEHALF OF REQUESTER
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