PROMOTION OF ACCESS TO INFORMATION ACT SECTION 51 MANUAL OF AUGMENTAL TECHNOLOGIES (PTY) LTD

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This Manual is published in terms of Section 51 of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000) (“the Act”). The Act gives effect to the provisions of Section 32 of the Constitution, which provides for the right of access to information held by the State and/or held by a private person or entity where such information is required to protect rights.

 

Overview

This manual serves to inform members of the public of the categories of information we hold, and which may, subject to the grounds of refusal listed in the Act, be disclosed after evaluation of an access application being made in terms of the Act. 

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Availability of this manual​

Availability of this manual:

• On request from our Information Officer using the details below.

• On our product website: www.tracto.app.

• From the South African Human Rights Commission (“SAHRC”) or once the Protection of Personal Information Act, 2013 (“POPI Act”) comes into effect, from the Information Regulator: https://www.justice.gov.za/inforeg/index.html

 

This Manual will be updated from time to time, as and when required.

 

Our information officer

Designated Information Officer: Herman Lintvelt

Email address of Information Officer: herman@augmentaltech.com

 

How to request access to records held by Augmental Technologies

Requests for access to records held by Augmental Technologies must be made by completing this Request Form.

 

When a record is requested, the following will apply:

• Fees may be payable as prescribed by law.

• The Request Form must be completed by the Requester. On the Request Form all details must be completed, including the right the requester wants to protect by requesting the information and WHY access to the information is required.

• If the requester is acting on behalf of someone else, the signature of the other person as the one who has authorised the request must be provided. In order to verify this, Augmental Technologies may require further proof such as an identity document or may call the person whose information it is to verify that s/he has given permission for the other person to access the information on his/her behalf.

• The requester must state in which format (inspection of copy, paper copy, electronic copy, transcript, etc) s/he wants to access the information.

• If the record is part of another record, the requester will only be able to access the part(s) that pertains to the information s/he wants or is entitled to, and not the rest of the record.

 

All requests will be evaluated against the provisions of the Act. The Information Officer to refuse access on grounds stipulated in the Act. One can, for example, not access another person’s confidential information, or trade-or commercial secrets of a business. An answer on a request for information must be provided within 30 days of the request, and if not granted and the requester is not satisfied, s/he can approach the courts within 30 days.

 

How the protection of personal information act works

The Act provides that a requester may be provided 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 interest of the public.

 

Requests under the Act must be made in terms of the procedures  prescribed by the Act, at the rates provided. The forms and tariff are dealt with under section 53 and 54 of the Act. 

 

More information on how the Act works and all other information including the Section 10 Guide can be obtained from the South African Human Rights Commission at:

 

The South African Human Rights Commission (“SAHRC”) 

Postal Address: Private Bag 2700, Houghton, 20141

Telephone Number: +27 11 877 3600

Fax number: +27 11 403 0625

Website: www.sahrc.org.za 

 

Voluntary disclosure

The following information is made known automatically: 

• Terms and Conditions (website).

• Privacy Policy (website). 

 

Further information in the form of marketing brochures, advertising material and other public communication is made available from time to time.

 

Records of available in terms of other legislation

Information is available in terms of the following legislation, subject to conditions set by such laws. As legislation changes from time to time, and new laws may stipulate new matters and extend the scope of access by persons specified in such entities, this list should be read as not being a final and complete list.

 

Business legislation (including all regulations issued in terms of such legislation):

The Companies Act 71 of 2008; Income Tax Act 58 of 1962; Value Added Tax Act 89 of 1991; Labour Relations Act 66 of 1995; Basic Conditions of Employment Act 75 of 1997; Employment Equity Act 55 of 1998; Skills Development Levies Act 9 of 1999; Unemployment Insurance Act 63 of 2001; Compensation for Occupational Injuries and Disease Act 130 of 1993; Occupational Health and Safety Act of 85 of 1993; Electronic Communications and Transactions Act 25 of 2002; Telecommunications Act 103 of 1996; Electronic Communications Act 36 of 2005; Consumer Protection Act 68 of 2008; Broad-based Black Economic Empowerment Act 53 of 2003; National Credit Act 34 of 2005; Long-term Insurance Act 52 of 1998; Protection of Personal Information Act 4 of 2013; etc.

 

Health legislation (including all regulations issued in terms of such legislation):

The National Health Act 61 of 2003; Medical Schemes Act 121 of 1998; Medicines and Related Substances Act 101 of 1965; Children’s Act 38 of 2005; Mental Healthcare Act 17 of 2002; Health Professions Act 56 of 1974; etc. 

 

Records held by Augmental Technologies and related categories of data subjects

We hold records in the categories listed below. The fact that we list a record type here does not necessarily mean that we will disclose such records, and all access is subject to the evaluation processes outlined herein, which will be exercised in accordance with the requirements of the Act.

 

Internal records relating to our business, which includes our business’s founding and other documents, minutes and policies; annual and other reports; financial records; operational records, policies and procedures; contracts; licences, trademarks and other intellectual property; production, marketing records; other internal policies and procedures; internal correspondence; statutory records; insurance policies and records; etc. 

Personnel records, which includes records of temporary/fixed term/part-time/permanent employees, locums, associates, contractors, partners, directors (executive and non-executive). Records include personal files, records third parties have provided to us about their / our staff; employment contracts, conditions of employment; workplace policies; disciplinary records; termination records; minutes of staff meetings; performance management records and systems and all employment-related correspondence.

Supplier and service provider records, which includes supplier registrations; contracts; confidentiality agreements and non-disclosure agreements, communications; logs; delivery records; commissioned work; and similar information, some of which might be provided to us by such suppliers and providers under service- and other contacts.

Technical records, which includes manuals, logs, electronic and cached information, product registrations, product dossiers, health professional council / statutory body records, approvals, conditions and requirements, trade association information and similar product information.

Third party information, which may be in our possession, but which would be subject to the conditions set in relation to such possession and use or purpose limitations.

Environment and market information, which include information bought, publicly available information and commissioned information which pertains to the specific sector and market of our business and factors that affect the business, professional and healthcare environment.

 

Categories of recipients of personal information

We have to, by law, report adverse events of our products to the SA Health Products Regulatory Authority.

 

Planned trans-border flow of personal information

The User consents that personal information (including special personal information) may be transferred transborder, even to countries without data protection laws similar to those of South Africa, for storage purposes, or if it is in Augmental Technology’s legitimate interests or those of a third party to do so.

 

Suitability of the information security measures

The business stores information electronically as follows:

Electronic records are kept on servers which are password protected, with software regularly updated to protect against hacking, unauthorised access, tampering and the likes, and staff are trained to avoid scenarios that could place records at risk and that would keep electronic information reasonably secure.

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Prescribed fees

The following applies the request other than personal requests:

• The requestor is required to pay the prescribed fee of R50 before the request will be processed.

• If the preparation of the record requested requires more than the prescribed 6 (six)  hours, a deposit of not more than one third of the access fee which would be payable if the access was granted, shall be payable.

• The requestor may lodge an application with a court against the tender/payment of the request fee and/or deposit.

• Records may be withheld until fees have been paid.

 

The latest fee structure is available on the website of the SAHRC at www.sahrc.org.za. 

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