Promotion of Access to Information Act (PAIA) Manual of Essert Inc.

 

 

Section 1: Definitions 

  1. “CEO” Chief Executive Officer 
  2. “IO“ Information Officer
  3. “DIO” Deputy Information Officer
  4. “Minister” Minister of Justice and Correctional Services
  5. “PAIA” Promotion of Access to Information Act No. 2 of 2000 or as Amended
  6. “POPIA” Protection of Personal Information Act No.4 of 2013; 
  7. “Regulator” Information Regulator; and 
  8. “Republic” Republic of South Africa

 

Section 2: PAIA Manual Purpose

This PAIA Manual details:

  1. public disclosure of categories of records held by Essert Inc., without the need to submit a formal PAIA request;
  2. know the description of the types of data subjects and of the information or categories of information relating thereto;
  3. privacy request process for access to a person’s records held by Essert Inc., by providing a description of the subjects on which the body holds records and the categories of records held;
  4. description of the records of Essert Inc.  which are available in accordance with any other legislation;
  5. relevant contact details of the Information Officer and/or Deputy Information Officer(s) who assist with requests to access the person’s records; 
  6. the description of the guide on how to use PAIA, as required by the Regulator, and how to obtain access to it;
  7. the purpose(s) of processing of personal information, if Essert Inc.  processes personal information;
  8. the recipients or categories of recipients to whom the personal information  may be supplied;
  9. if the Essert Inc.  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 
  10. if the Essert Inc.  has appropriate security measures to ensure the confidentiality, integrity, and availability of the personal information which is to be processed.

 

Section 3: Contact Information

The contact details of the Information officer and/or deputy information officer are as follows:

  1. Information Officer of the Essert Inc.is   DV Dronamraju , who is the Founder, CEO, can be reached at 408.313.9877 , or at dv+privacy@essert.io .
  2. Alternatively, you may also reach the Essert Inc.at the following 3140 De La Cruz Blvd, Santa Clara, CA 95051 , support@essert.io , 408.313.9877 , or on our https://essert.io .

 

Section 4: PAIA resources and access to this guide

  1. The Regulator has, in terms of section 10(1) of PAIA, as amended, updated and made available the revised Guide on how to use PAIA (“Guide”), in an easily comprehensible form and manner, as may reasonably be required by a person who wishes to exercise any right contemplated in PAIA and POPIA.
  2. The Guide is available in each of the official languages and in braille. It contains the following:
  3. 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. 
  4. The Guide can also be obtained (i) upon request to the Information Officer, or (ii) from the website of the Regulator (https://inforegulator.org.za/)
  5. A copy of the Guide is also available in two official languages, for public inspection during normal office hours

 

Section 5: Categories of records processed

These are the categories of data processed by the Essert Inc. :

 

  • Personal identification (ex: SSN, Passport, Driver license, birth date, etc.)
  • Login credentials (ex: username, password, etc.)
  • Accounting and finance information (ex: banking details, accounting, etc.)
  • Business sensitive information (ex: agreements, policies, etc.)
  • Internet or network activities
  • Device specific information
  • Desktop Apps
  • Contact information (ex: email, phone, etc.)
  • Professional or employment related information
  • Educational information
  • Geolocation information
  • Audio/Video information (ex: Photo ID, voice id, CCTV, etc.)
  • Information users share (ex: social media, internal chats, etc.)
  • Information to process privacy requests
  • Demographic information (ex: citizenship, race, sexual orientation, etc.)

 

 

Section 6: Records in accordance with other legislation

The following records of the company are public in accordance with other legislation(s):

  1. Memorandum of Incorporation as per Companies act 71 of 2008
  2. PAIA manual as per Promotion of Access to Information Act 2 of 2000

 

Section 7: Categories of records by Subject

Essert Inc. holds records on the following subjects: human resources, company confidential documents, customers, and partners.

Essert Inc. holds the following categories of records for the above subjects:

 

  • Personal identification (ex: SSN, Passport, Driver license, birth date, etc.)
  • Login credentials (ex: username, password, etc.)
  • Accounting and finance information (ex: banking details, accounting, etc.)
  • Business sensitive information (ex: agreements, policies, etc.)
  • Internet or network activities
  • Device specific information
  • Desktop Apps
  • Contact information (ex: email, phone, etc.)
  • Professional or employment related information
  • Educational information
  • Geolocation information
  • Audio/Video information (ex: Photo ID, voice id, CCTV, etc.)
  • Information users share (ex: social media, internal chats, etc.)
  • Information to process privacy requests
  • Demographic information (ex: citizenship, race, sexual orientation, etc.)

 

 

Section 8: Processing of personal information

Essert Inc. processes personal information for the following purposes

 

  • To Get Customer Feedback
  • To Aid in Research
  • To Aid in Behavioral Analysis
  • To Process Privacy Requests
  • To administer pay and benefits
  • To establish, manage, and terminate employment
  • To comply with agreements and contracts
  • To comply with legal guidelines and regulations
  • To Service Customers
  • To Provide Sales and Support
  • To Answer Questions or Address Requests
  • To Evaluate Suitable Candidates for Jobs
  • To Create User Accounts
  • To Communicate Marketing and Sales Promotions
  • To Fill, Manage Sales Orders & Support Requests
  • To Write Testimonials
  • To Deliver Advertisements

 

 

Essert Inc. processes personal information of the following categories

 

  • Personal identification (ex: SSN, Passport, Driver license, birth date, etc.)
  • Login credentials (ex: username, password, etc.)
  • Accounting and finance information (ex: banking details, accounting, etc.)
  • Business sensitive information (ex: agreements, policies, etc.)
  • Internet or network activities
  • Device specific information
  • Desktop Apps
  • Contact information (ex: email, phone, etc.)
  • Professional or employment related information
  • Educational information
  • Geolocation information
  • Audio/Video information (ex: Photo ID, voice id, CCTV, etc.)
  • Information users share (ex: social media, internal chats, etc.)
  • Information to process privacy requests
  • Demographic information (ex: citizenship, race, sexual orientation, etc.)

 

 

Essert Inc. shares or stores personal information with the following types of external entities: cloud service providers, subprocessors, vendors, and related companies.

 

Essert Inc. shares or stores personal information outside the Republic with the following types of external entities: Cloud service providers, subprocessors, vendors, and related companies.

 

Essert Inc. implements the following Information Security to ensure confidentiality, integrity, and availability. Anti-virus, firewalls, anti-malware, backup, and data encryption.

 

Section 9: Availability of the manual

A copy of the manual is available on (i) https://essert.io , (ii) office of the Essert Inc.  for public inspection during normal business hours, (iii) to any person upon request and upon the payment of a reasonable prescribed fee, and (iv) to the Regulator upon request.

A fee for a copy of the Manual, as contemplated in annexure B of the Regulations, shall be paid per each A4-size photocopy made.

 

Section 10: Updates

The Information Officer of Essert Inc., will on a regular basis update this manual.

 

Issued by

 

 DV Dronamraju 

 Founder, CEO 

 

Appendix:

Section 17(1) of PAIA- For the purposes of PAIA, each public body must, subject to legislation governing the employment of personnel of the public body concerned, designate such number of persons as deputy information officers as are necessary to render the public body as accessible as reasonably possible for requesters of its records. 

Section 56(a) of POPIA- Each public and private body must make provision, in the manner prescribed in section 17 of the Promotion of Access to Information Act, with the necessary changes, for the designation of such a number of persons, if any, as deputy information officers as is necessary to perform the duties and responsibilities as set out in section 55(1) of POPIA.

Section 11(1) of PAIA- A requester must be given access to a record of a public body if that requester complies with all the procedural requirements in PAIA relating to a request for access to that record; and access to that record is not refused in terms of any ground for refusal contemplated in Chapter 4 of this Part. 

Section 50(1) of PAIA- A requester must be given access to any record of a private body if, a) that record is required for the exercise or protection of any rights; b) that person complies with the procedural requirements in PAIA relating to a request for access to that record, and c) access to that record is not refused in terms of any ground for refusal contemplated in Chapter 4 of this Part.

Section 14(1) of PAIA- The information officer of a public body must, in at least three official languages, make available a manual containing the information listed in paragraph 4 above. 

Section 51(1) of PAIA- The head of a private body must make available a manual containing the description of the information listed in paragraph 4 above. 

Section 15(1) of PAIA- The information officer of a public body, must make available in the prescribed manner a description of the  categories of records of the public body that are automatically available without a person having to request access

Section 52(1) of PAIA- The head of a private body may, on a voluntary basis, make available in the prescribed manner a description  of the categories of records of the private body that are automatically available without a person having to request access 

Section 22(1) of PAIA- The information officer of a public body to whom a request for access is made, must by notice require the requester to pay the prescribed request fee (if any), before further processing the request. 

Section 54(1) of PAIA- The head of a private body to whom a request for access is made must by notice require the requester to pay the prescribed request fee (if any), before further processing the request. 

Section 92(1) of PAIA provides that –“The Minister may, by notice in the Gazette, make regulations regarding- (a) any matter which is required or permitted by this Act to be prescribed; (b) any matter relating to the fees contemplated in sections 22 and 54; (c) any notice required by this Act; (d) uniform criteria to be applied by the information officer of a public body when deciding which categories of records are to  be made available in terms of section 15; and (e) any administrative or procedural matter necessary to give effect to the provisions of this Act.”