PAIA Manual

PAIA manual of Aerobotics Proprietary Limited

This manual was prepared in accordance with section 51 of the Promotion of Access to  Information Act, 2000 (“PAIA”)

1. BACKGROUND

2. AEROBOTICS

3. PURPOSE OF THE PAIA MANUAL

3.2. This PAIA Manual is useful for the public to-

3.2.1. check the categories of records held by a body which are available without a person having to submit a formal PAIA request;

3.2.2. have a sufficient understanding of how to make a request for access to a record of Aerobotics by providing a description of the subjects on which the body holds records and the categories of records held on each subject;

3.2.3.  know the description of the records of Aerobotics which are available in accordance with any other legislation;

3.2.4. access all the relevant contact details of the Information Officer who will assist the public with the records they intend to access;

3.2.5. know the description of the guide on how to use PAIA, as updated by the Regulator and how to obtain access to it;

3.2.6. know if Aerobotics will process personal information, the purpose of processing of personal information and the description of the categories of data subjects and of the information or categories of information relating thereto; 

3.2.7. know the description of the categories of data subjects and of the information or categories of information relating thereto;

3.2.8. know the recipients or categories of recipients to whom the personal information may be supplied;

3.2.9. know if Aerobotics has planned to transfer or process personal information outside the Republic of South Africa and the recipients or categories of recipients to whom the personal information may be supplied; and

4. KEY CONTACT DETAILS FOR ACCESS TO INFORMATION OF AEROBOTICS

Name: James Paterson 

Registered address: 16 Napier Street, De Waterkant, Cape Town, 8001

Telephone number: 021 035 1060

Website: https://aerobotics.com/contact-us 

Name: Sixolile Timothy

Physical address: 16 Napier Street, De Waterkant, Cape Town, 8001

Telephone number: 021 035 1060

Email: data_access_requests@aerobotics.com 

5. GUIDE ON HOW TO USE PAIA AND HOW TO OBTAIN ACCESS TO THE GUIDE

5.3 The aforesaid Guide contains the description of-

5.3.1. the objects of PAIA and POPIA;

5.3.2. the postal and street address, phone and fax number and, if available, electronic mail address of:

5.3.2.1 the Information Officer of every public body, and

5.3.3.2 every Deputy Information Officer of every public and private body designated in terms of section 17(1) of PAIA and section 56 of POPIA

5.3.3 the manner and form of a request for-

5.3.3.1. access to a record of a public body contemplated in section 11; and

5.3.3.2. access to a record of a private body contemplated in section 50;

5.3.4. the assistance available from the Information Officer of a public body in terms of PAIA and POPIA;

5,.3.5. the assistance available from the Regulator in terms of PAIA and POPIA;

5.3.6.all remedies in law available regarding an act or failure to act in respect of a right or duty conferred or imposed by PAIA and POPIA, including the manner of lodging-

5.3.6.1 an internal appeal; 

5.3.6.2 complaint to the Regulator; and 

5.3.6.3 an application with a court against a decision by the information officer of a public body, a decision on internal appeal or a decision by the Regulator or a decision of the head of a private body;

5.3.7. the provisions of sections 14 and 51 requiring a public body and private body, respectively, to compile a manual, and how to obtain access to a manual;

5.3.8.the provisions of sections 15 and 52 providing for the voluntary disclosure of categories of records by a public body and private body, respectively;

5.3.9.the notices issued in terms of sections 22 and 54 regarding fees to be paid in relation to requests for access; and

5.3.10.the regulations made in terms of section 92.

5.4. Members of the public can inspect or make copies of the Guide from the offices of the public and private bodies, including the office of the Regulator, during normal working hours. 

5.5 The Guide can also be obtained-

5.5.1.upon request to the Information Officer;

5.5.2. from the website of the Regulator (https://inforegulator.org.za/paia-guidelines/).

6. CATEGORIES OF RECORDS OF AEROBOTICS WHICH ARE AVAILABLE WITHOUT A PERSON HAVING TO REQUEST ACCESS

7.1.Where applicable to its operations, Aerobotics retains records and documents in terms of the legislation below:

7.1.1. Basic Conditions of Employment Act, No 75 of 1997;

7.1.2. Companies Act, No 71 of 2008;

7.1.3. Compensation for Occupational Injuries & Diseases Act, 130 of 1993;

7.1.4. Constitution of the Republic of South Africa 2008; 

7.1.5. Consumer Protection Act 68 of 2009;

7.1.6. Copyright Act, No 98 of 1978;

7.1.7. Electronic Communications Act, No 36 of 2005;

7.1.8. Electronic Communications and Transactions Act, No 25 of 2002; 

7.1.9. Employment Equity Act, No 55 of 1998;

7.1.10. Income Tax Act, No 58 of 1962;

7.1.11. Insolvency Act No. 24 of 1936;

7.1.12. Labour Relations Act, No 66 of 1995;

7.1.13. Occupational Health & Safety Act, No 85 of 1993;

7.1.14. Patents Act No. 57 of 1978;

7.1.15. Protection of Personal Information Act, No. 4 of 2013; 

7.1.16. South African Reserve Bank Act 90 of 1989;

7.1.17. Trademarks Act No. 194 of 1993;

7.1.18. Unemployment Insurance Contributions Act 4 of 2002;

7.1.19. Unemployment Insurance Act No. 63 of 2001; and

7.1.20. Value Added Tax Act 89 of 1991.

7.2. While Aerobotics has used its best endeavours to supply a complete list of applicable legislation, this list is not exhaustive. In the event that existing or new legislation allows a requester access on a basis other than as set out in PAIA or POPIA, this list shall be updated accordingly. If a requester believes that a right of access to a record exists in terms of other legislation listed above or any other legislation, the requester is required to indicate what legislative right the request is based on, to allow the Information Officer the opportunity of considering the request in light thereof.

7.3. Unless disclosure is prohibited in terms of legislation, regulations, contractual agreement or otherwise, records that are required to be made available in terms of these Acts shall be made available for inspection by interested parties in terms of the requirements and conditions of PAIA, the below mentioned legislation and applicable internal policies and procedures, should such interested parties be entitled to such information only. A request to access must be done in accordance with the prescriptions of PAIA.

7.4. It is further recorded that the accessibility of documents and records may be subject to the  grounds of refusal set out in this PAIA Manual.

8. DESCRIPTION OF THE SUBJECTS ON WHICH AEROBOTICS HOLDS RECORDS AND CATEGORIES OF RECORDS HELD ON EACH SUBJECT

Note that the accessibility of the records may be subject to the grounds of refusal set out in this PAIA Manual. Amongst other, records deemed confidential on the part of a third party, will necessitate permission from the third party concerned, in addition to normal requirements, before Aerobotics will consider access. 

9. INFORMATION AVAILABLE IN TERMS OF POPIA

In terms of POPIA, personal information must be processed for a specified purpose. The purpose for which data is processed by Aerobotics 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.  Please also refer to the Aerobotics Privacy Policy (https://page.aerobotics.com/legal-privacy-policy) for further information.

9.1. Categories of data subjects and personal information collected by Aerobotics

9.1.1. Personnel:

9.1.1.1. Identification information – name, gender, photograph, date of birth, employee identification number, and spoken languages.

9.1.1.2. Employment details – job title, office location, hire date, employment contracts, performance data, disciplinary records, grievance procedures, and leave records.

9.1.1.3. Educational and professional background – academic and professional qualifications, education, CV or résumé, reference letters and criminal records data (only for vetting purposes)

9.1.1.4. National identifiers – social security number, national ID or passport number, visas and immigration status and documentation.
 

9.1.1.5. Contact details – home address, telephone number, email addresses, beneficiaries, and emergency contact details.

9.1.1.6. Spouse & dependent information – marital status and children.

9.1.1.7. Financial information – banking details, tax information, payroll information, withholdings, salary, benefits, expenses, company allowances, and stock and equity grants.

9.1.1.8. IT information – information required to provide access to Aerobotics’ IT systems and networks such as IP addresses, log files, login information, and software/hardware inventories.

9.1.1.9.Security information - closed-circuit televisions (“CCTV”) footage.

9.1.2. Consumers and prospective consumers (which may include personnel):  

9.1.2.1. Postal and/or street address 

9.1.2.2. Title and name 

9.1.2.3. Contact numbers and/or e-mail address 

9.1.2.4. Demographic information 

9.1.2.5. Payment card details 

9.1.2.6. Information about computer/ device and visits to Aerobotics website or mobile applications, including IP address, browser type, geographical location, length of visit to website, visited pages, cookies, unique device identifiers and other diagnostic data.

9.1.2.7. Location information

9.1.3. Vendors /suppliers /other businesses:

9.1.3.1. Name and contact details

9.1.3.2. Identity and/or company information and directors’ information  

9.1.3.3. Banking and financial information  

9.1.3.4. Information about products or services 

9.1.3.5. Security information - closed-circuit televisions (“CCTV”) footage

9.1.3.6. Other information not specified, reasonably required to be processed for business operations.

9.2. The purpose of processing personal information

9.2.1. Personnel:

9.2.1.1. To determine eligibility for employment, including verifying references and qualifications;

9.2.1.2. To administer background checks when necessary for the role and where permitted by law;

9.2.1.3.To administer payroll and benefits;

9.2.1.4.To process employee work-related claims;

9.2.1.5. To establish training and development requirements;

9.2.1.6. To conduct performance reviews and determine performance requirements;

9.2.1.7. To assess qualifications for a particular job or task;

9.2.1.8. To gather evidence for disciplinary action or termination;

9.2.1.9. To identify a contact point in the event of an emergency;

9.2.1.10. To ensure health and safety in the workplace;

9.2.1.11. To comply with applicable labor or employment statutes;

9.2.1.12. To ensure employee safety and the security of company-held information; and

9.2.1.13. For any other purposes that are reasonably required by Aerobotics in connection with application for and during the course of employment with Aerobotics.

9.2.2. Consumers and prospective consumers (which may include personnel):

9.2.2.1. To provide, operate & maintain our services and platforms;

9.2.2.2.To verify identity;

9.2.2.3. To notify customers about changes to our services and platforms; 

9.2.2.4. To address and respond to platform, security, and customer support needs;

9.2.2.5. To allow participation in interactive features of our platform;

9.2.2.6. To comply with applicable laws and administrative requests, protect our rights, assert and defend against claims;

9.2.2.7. To meet regulatory and compliance requirements;

9.2.2.8. To assess the needs of consumer to determine and promote other products or services which may be useful to them;

9.2.2.9.  To improve our services and platforms;

9.2.2.10. To conduct research and analysis for business purposes and product development;

9.2.2.11. Training purposes;
 

9.2.2.12. To monitor the usage of our services and platforms;

9.2.2.13. Provide anonymised, aggregated reports to third parties;

9.2.2.14. To detect, prevent, or otherwise address fraud, security, unlawfulness, or technical issues; or

9.2.2.15. To provide news, special offers, and general information about other goods, services, and events that we offer (unless the consumer has opted not to receive such information).

9.2.3. Vendors /suppliers /other businesses:

9.2.3.1.Verifying information and performing checks; 

9.2.3.2. Purposes relating to the agreement or business relationship or possible agreement or business relationships between the parties;

9.2.3.3. Determining the payment terms and making payment of invoices;

9.2.3.4. Complying with Aerobotics’ regulatory and other obligations; and 

9.2.3.5. Any other reasonably required purpose relating to Aerobotics’ business.

9.3. The recipients or categories of recipients to whom the personal information may be  supplied:

9.3.1. Any firm, organisation or person that Aerobotics uses to collect payments and recover debts or to provide a service on its behalf; 

9.3.2. Any firm, organisation or person that/who provides Aerobotics with products or services;

9.3.3 Any payment system Aerobotics uses; 

9.3.4. Regulatory and governmental authorities or ombudsmen, or other authorities, including tax authorities, where Aerobotics has a duty to share information; 

9.3.5. Third parties to whom payments are made on behalf of employees; 

9.3.6. Financial institutions from whom payments are received on behalf of data subjects;

9.3.7. Employees, contractors and temporary staff; 

9.3.8. Agents; and 

9.3.9. Any other operator not specified

9.4. Planned transborder flows of personal information

9.4.1. Information, including personally identifiable data, may be transferred to — and maintained on — computers located outside of your state, province, country, or other governmental jurisdiction where the data protection laws may differ from those from your jurisdiction.

9.5. General description of information security measures to be implemented by Aerobotics

9.5.1. Aerobotics has taken measures to ensure the security, confidentiality, integrity and availability of personal information in our possession. These measures include: (i) encrypting data in transit and data at rest where appropriate; (ii) using trusted access management platforms which allow us to manage employee access to information depending on their roles; (iii) firewalls; (iv) backup and recovery systems.

10. INFORMATION REQUEST PROCEDURE

10.1. Completion of prescribed form

10.1.1. The requester must complete the prescribed Form 2: Request for Access to Record  (https://inforegulator.org.za/paia-forms/) and submit it as well as  payment of a request fee and a deposit (if applicable) to the Information Officer at the postal or physical address, electronic mail address as noted in clause 4 above. 

10.1.2. The prescribed form must be filled in with sufficient information to enable the Information Officer to identify:

10.1.2.1. the record/s requested;  

10.1.2.2. the identity of the requester; and 

10.1.2.3. include proof of identification of the requester to authenticate the identity.

10.1.3. If an individual is unable to complete the prescribed form because of illiteracy or disability, such a person may make the request orally.

10.1.4. POPIA provides that a data subject may, upon proof of identity, request Aerobotics to confirm, free of charge, all the information it holds about the data subject and may request access to such information, including information about the identity of third parties who have or have had access to such information. 

10.1.5. POPIA also provides that where the data subject is required to pay a fee for services provided to them, Aerobotics must provide the data subject with a written estimate of the payable amount before providing the service and may require that the data subject pays a deposit for all or part of the fee.

10.1.6. POPIA provides that a data subject may object, at any time, to the processing of personal information by Aerobotics, on reasonable grounds relating to their particular situation, unless legislation provides for such processing. The data subject must email data_access_requests@aerobotics.com to request a prescribed form, complete and submit it to the Information Officer at the electronic mail address set out above.

10.1.7. A data subject may also request Aerobotics to correct or delete personal information about the data subject in its possession or under its control that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or obtained unlawfully; or destroy or delete a record of personal information about the data subject that Aerobotics is no longer authorised to retain records in terms of POPIA's retention and restriction of records provisions.

10.1.8. A data subject that wishes to request a correction or deletion of personal information or the destruction or deletion of a record of personal information must submit a request to the Information Officer at data_access_requests@aerobotics.com 

10.2. Timelines for consideration of a request for access

10.2.1. Aerobotics will process the request within 30 (thirty) days, unless the requester has stated special reasons to the satisfaction of the Information Officer that circumstances dictate that the above time periods not be complied with.

10.2.2. The requester shall be advised whether access is granted or denied in writing. If, in addition, the requester requires the reasons for the decision in any other manner, the requester will be obliged to state which manner and the particulars required.

10.2.3. All information as listed in clause 10 herein should be provided and failing which, the process will be delayed until the required information is provided. The prescribed time periods will not commence until the requester has furnished all the necessary and required information. The Information Officer shall serve a record, if possible, and grant only access to that portion requested and which is not prohibited from being disclosed. 

10.2.4. The 30 (thirty) day period within which Aerobotics has to decide whether to grant or refuse  the request, may be extended for a further period of not more than (30) thirty days if the request is for a large number of information, or the request requires a search for information held at another office of Aerobotics and the information cannot reasonably be obtained within the original 30 (thirty) day period. 

10.2.3.  Aerobotics will notify the requester in writing should an extension be sought. 

 
10.3. Grounds for refusal of access and protection of information

10.3.1. Aerobotics is entitled to refuse a request for information. The main grounds for Aerobotics to refuse a request for information can include: 

10.3.1.1. the protection of personal information of a third person (who is a natural person) from unreasonable disclosure;

10.3.1.2. the protection of commercial information of a third party (for example: trade secrets; financial, commercial, scientific or technical information that may harm the commercial or financial interests of a third party);

10.3.1.3. if disclosure would result in the breach of a duty of confidence owed to a third party; 
 

10.3.1.4. if disclosure would jeopardise the safety of an individual or prejudice or impair certain property rights of a third person; 

10.3.1.5. if the record was produced during legal proceedings, unless that legal privilege has been waived; 

10.3.1.6. if the record contains trade secrets, financial or sensitive information or any information that would put Aerobotics (at a disadvantage in negotiations or prejudice it in commercial competition); and/or 

10.3.1.7. if the record contains information about research being carried out or about to be carried out on behalf of a third party or by Aerobotics.

10.3.2. Requests for information that are clearly frivolous or vexatious, or which involve an unreasonable diversion of resources will be refused.

10.3.3. Requests for information will be assessed on their own merits and in accordance with the applicable legal principles and legislation. 


10.3.4. If a requested record cannot be found or if the record does not exist, the Information Officer shall, by way of an affidavit or affirmation, notify the requester that it is not possible to give access to the requested record. Such a notice will be regarded as a decision to refuse a request for access to the record concerned for the purpose of PAIA. If the record should later be found, the requester shall be given access to the record in the manner stipulated by the requester in the prescribed form, unless the Information Officer refuses access to such record. 

11. PRESCRIBED FEES

11.1. PAIA provides for two types of fees, namely:

11.1.1. A request fee, which is a form of administration fee to be paid by all requesters, except personal requesters, before the request is considered and is not refundable; and

11.1.2. An access fee, which is paid by all requesters in the event that a request for access is granted. This fee is inclusive of costs involved by Aerobotics in obtaining and preparing a record for delivery to the requester. These fees are set out below:

11.2. When the request is received by the Information Officer, such officer shall by notice require the requester, other than a personal requester, to pay the prescribed request fee, before further  processing of the request. The Information Officer shall withhold a record until the requester has paid the fees as indicated above.

11.3. If the search for the record has been made and the preparation of the record for disclosure, including arrangement to make it available in the requested form, requires more than the hours prescribed in the regulations for this purpose, the Information Officer shall notify the requester to pay as a deposit the prescribed portion of the access fee which would be payable if the request is granted. 

11.4. If a deposit has been paid in respect of a request for access, which is refused, then the  Information Officer concerned must repay the deposit to the requester. 

11.5. All fees must be deposited into the following bank account: 

Bank: First National Bank

Account Holder: Aerobotics (Pty) Ltd.

Account Number: 62486367173

Branch Code: 204209 

Branch Name: VINEYARD ROAD

Swift Code: FIRNZAJJ 

12. REMEDIES AVAILABLE WHEN AEROBOTICS REFUSES ACCESS TO RECORDS

12.1. Internal remedies
Aerobotics does not have internal appeal procedures. The decision made by the Information Officer is final. Requesters will have to exercise such external remedies at their disposal if the  request for information is refused, and the requestor is not satisfied with the answer supplied by  the Information Officer.

12.2. External remedies
A requester that is dissatisfied with the Information Officer's refusal to disclose information, may within 30 (thirty) days of notification of the decision, may apply to a Court of competent jurisdiction for relief. 

13. AVAILABILITY AND UPDATING OF PAIA MANUAL

13.1. This PAIA Manual of Aerobotics is available to view at its premises and on its website at https://page.aerobotics.com/legal-paia-manual and may be updated at such intervals as Aerobotics deems necessary.