CREDIT SALVAGE PAIA MANUAL

 

DEFINITIONS

Client

any natural or juristic person that received or receives services from Credit Salvage

Conditions for Lawful Processing

the conditions for the lawful processing of Personal Information as fully set out in chapter 3 of POPIA and in paragraph 12 of this Manual

Data Subject

the person to whom personal information relates

Information Officer

                                   

the individual who is identified in paragraph 6 of this manual

Manual

this manual

PAIA

the Promotion of Access to Information Act 2 of 2000

Personal Information

means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, 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, location information, online identifier, or other particular assignment to the person;

d.    the biometric information of the person;

e.    the personal opinions, views, or preferences of the person;

f.      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;

g.    the views or opinions of another individual about the person; and

h.    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

Personnel

any person who works for, or provides services to or on behalf of Credit Salvage, and receives or is entitled to receive remuneration and any other person who assists in carrying out or conducting the business of Credit Salvage, which includes, without limitation, directors (executive and non-executive), all permanent, temporary, and part-time staff as well as contract workers

POPI

the Protection of Personal Information Act 4 of 2013

POPI Regulations

the regulations promulgated in terms of section 112(2) of POPI

Private Body

means—

a.    a natural person who carries or has carried on any trade, business or
profession, but only in such capacity;

b.    a partnership which carries or has carried on any trade, business, or profession; or

c.     any former or existing juristic person, but excludes a public body

Processing

means any operation or activity or any set of operations, whether or not by automatic means, concerning personal information, including—

a.    the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation, or use;

b.    dissemination by means of transmission, distribution or making available in any other form; or

c.     merging, linking, as well as restriction, degradation, erasure, or destruction of information

Record

has the meaning ascribed thereto in section 1 of PAIA and includes Personal Information

Requester

has the meaning ascribed thereto in section 1 of PAIA

Request for access

has the meaning ascribed thereto in section 1 of PAIA

SAHRC

the South African Human Rights Commission

Any other terms not described herein will have the meaning as ascribed to it in terms of PAIA or POPI.

 

INTRODUCTION

  • For the purpose of POPI and PAIA, Credit Salvage Corporation SA (Pty) Ltd (“Credit Salvage”) is defined as a private body. In accordance with the organisation’s obligations in terms of POPI and PAIA, Credit Salvage has produced this manual.
  • The Promotion of Access to Information Act 2000 was implemented on 9 March 2001. PAIA aims to uphold the Constitutional right to access information held by the State or any other entity when such information is necessary for exercising or safeguarding any rights. It grants individuals and legal entities the right to access records held by public or private bodies, with certain limitations, to facilitate the exercise or protection of their rights.
  • PAIA establishes the procedural aspects related to information requests, which include the requirement to create a PAIA Manual. Private bodies are mandated by Section 51 of PAIA to compile a manual that allows individuals to access information held. The manual specifies the minimum criteria that must be met.
  • If a person wishes to obtain information from a private body under PAIA, the request must be made in the prescribed format outlined in the private body's PAIA Manual. Once the request is received, the private body must disclose the information if the requester can demonstrate that the record is necessary for exercising or protecting their rights, provided that no grounds for refusal stated in PAIA are applicable.

 

PAIA MANUAL

  • This Manual serves as Credit Salvage’s PAIA manual, complying with section 51 of PAIA as amended by the Protection of Personal Information Act, 2013 (POPIA). POPIA, which primarily came into effect on 1 July 2020, upholds individuals' Constitutional right to privacy and emphasizes the protection of personal information handled by public and private entities. It establishes specific conditions to establish minimum requirements for the handling of personal information.
  • POPIA amends certain provisions of PAIA, striking a balance between the need for information access and the necessity to safeguard personal information. It establishes an Information Regulator with certain powers, duties, and functions under both POPIA and PAIA. Additionally, it introduces codes of conduct and safeguards individuals' rights concerning unsolicited electronic communications and automated decision-making processes. The aim is to regulate the flow of personal information and address related matters.
  • We have compiled this Manual to provide you with guidance and ensure that you understand the procedural and other requirements that must be fulfilled when making a PAIA request to Credit Salvage.

 

OUR CONTACT DETAILS        

Business Name 

Credit Salvage Debt Counselling Services CC

Registration Number

2009/208638/23

Registered Office

20 Spreeu Ave, Randpark Ridge, Johannesburg, 2156

Postal Address

20 Spreeu Ave, Randpark Ridge, Johannesburg, 2156

Contact Number

(087) 898 - 0895

Information Officer

Quinten Kletschke

Email address

info@creditsalvage.co.za

 

Background information of the Group can be found at:

https://creditsalvage.co.za/about-us

 

GUIDE OF SAHRC

  • A guide to PAIA and how to access information in terms of PAIA has been published pursuant to section 10 of PAIA.
  • The guide contains information required by an individual who may wish to exercise their rights in terms of PAIA.
  • Should you wish to access the guide you may request a copy from the Information Officer by submitting ANNEXURE A, attached hereto, to the details specified above or you may also inspect the guide at Credit Salvage’s Head Office during ordinary working hours.
  • You may also request a copy of the guide from Information Regulator at the following details:

Information Regulator: 

Postal Address:             P.O. Box 31533, Braamfontein, Johannesburg, 2017

Telephone:                    (010) 023 5200

Website:                         www.justice.gov.za 

Email:                             PAIAComplaince.IR@justice.gov.za

 

LATEST NOTICES IN TERMS OF SECTION 52(2) OF PAIA

At this stage, no Notice(s) has / have been published on the categories of records that are available without having to request access to them in terms of PAIA.

 

AVAILABILITY OF CERTAIN RECORDS IN TERMS OF PAIA

  • Credit Salvage holds and/or process the following records for the purposes of PAIA and POPI.
  • The following records below may be requested; however, it should be noted that there is no guarantee that the request will be honoured. Each request will be evaluated in terms of PAIA and any other applicable legislation.
  • All services are available freely on Credit Salvage ’s website as set out above.

 

SCHEDULE OF RECORDS

Administrative

  • Governance structures and personal data of governance office-bearers
  • Internal rules, regulations, and policies
  • General correspondence (emails)
  • Quotations

Corporate Affairs

  • CIPC records
  • Strategic Plans
  • Business Proposals
  • Annual Reports, Reviews and Plans
  • Industry authorisation and compliance records
  • Policies and Procedures
  • Credit Bureaus information

Debt Counselling

  • Records of Debt Counselling Clientele
  • Monitoring reports
  • Payment distribution reports
  • Debt Clientele confidential information
  • Debt Counselling Applications
  • Credit Bureau Compliance and Credit Provider Compliance Records

Financial Records

  • Creditor’s and Debtor’s statements and invoices
  • Policies and procedures
  • Accounting records
  • Annual financial statements
  • Audit reports
  • Tax records and returns
  • Asset Register
  • Insurance records
  • Tax Assessments

Human Resources

  • Personnel Files
  • Training records
  • Records provided under the Conditions of Employment
  • Employment Policies
  • Internal evaluation and Performance Records
  • Disciplinary Records
  • UIF Records
  • PAYE Records

IT Operations

  • Information technology records
  • Domain name registrations
  • Website information
  • ICT Policies and procedures

Legal

  • Client Agreements
  • SLA’s and contact details
  • Power of Attorneys
  • Licenses, permits and authorisations
  • Compliance Notices
  • National Credit Tribunal records / notices

Marketing

  • Public Customer Information
  • Product Brochures

Secretarial

  • Memorandum of Incorporation
  • Statutory Records
  • Company guidelines

Website

  • Company Profile
  • Areas of Service and Expertise
  • Contact Portal

 

RECORDS AVAILABLE IN TERMS OF OTHER LEGISLATION

  • Credit Salvage may be in possession of records in terms of the following legislation as and when applicable:
    • Basic Conditions of Employment Act 75 of 1997.
    • Companies Act 71 of 2008.
    • Compensation for Occupational Injuries and Diseases Act 130 of 1993.
    • Electronic Communications Act No. 36 of 2005.
    • Electronic Communications and Transactions Act 25 of 2002.
    • Employment Equity Act 55 of 1998.
    • Exemption Notices promulgated under the Usury Act to the extent that they apply in terms of the provisions of Schedule 3 of the National Credit Act.
    • Financial Intelligence Centre Act 38 of 2001.
    • Insolvency Act No. 24 of 1936.
    • Income Tax Act 58 of 1962.
    • Labour Relations Act 66 of 1995.
    • National Credit Act No. 34 of 2005
    • National Credit Regulations promulgated under the National Credit Act.
    • Occupational Health and Safety Act 85 of 1993.
    • Pension Funds Act 24 of 1956.
    • Promotion of Access to Information Act 2 of 2000.
    • Protection of Personal Information Act 4 of 2013.
    • Skills Development Act no. 97 of 1998.
  • Skills Development Levies Act 9 of 1999.
  • Unemployment Insurance Contributions Act 4 of 2002.
  • Unemployment Insurance Act 30 of 1996.
  • Usury Act, 73 of 1968
  • Value Added Tax Act 89 of 1991.

 

REQUEST PROCESS

  • An individual who wishes to place a request must comply with all the procedures laid down in PAIA.
  • The requester must complete ANNEXURE B, which is attached hereto and submit it to the Information Officer at the details specified above.
  • The prescribed form must be submitted as well as payment of a request fee and a deposit, if applicable to the information officer at the postal or physical address, fax number or electronic mail as is stated herein.
  • The prescribed form must be completed with enough particularity to enable the information officer to determine:
    • The record(s) requested;
    • The identity of the requestor;
    • What form of access is required; and
    • The Postal address or fax number of the requestor.
  • The requestor must state that the records are required for the requestor to exercise or protect a right, and clearly state what the nature of the right is so to be exercised or protected. An explanation of why the records requested is required to exercise or protect the right.
  • The request for access will be dealt with within 30 days from date of receipt, unless the requestor has set out special grounds that satisfies the Information Officer that the request be dealt with sooner.
  • The period of 30 days may be extended by not more than 30 additional days, if the request is for a large quantity of information, or the request requires a search for information held at the head office of Credit Salvage and the information cannot be reasonably obtained within 30 days. The information officer will notify the requestor in writing should an extension be necessary.
  • The requestor will be informed in writing whether access to the records have been granted or denied. If the requestor requires a reason for the decision the request must be expressed in the prescribed form, the requestor must be further stated what particulars of the reasoning the requestor requires.
  • If a requestor has requested the records on another individual’s behalf, the requestor must submit proof of the capacity the requestor submits the request in, to the satisfaction of the information officer.
  • Should the requestor have any difficulty with the form, or the process laid out herein, the requestor should contact the Information Officer for assistance.
  • An oral request can be made to the Information Officer should the requestor be unable to complete the form due to illiteracy or disability. The Information Officer will complete the form on behalf of the requestor and provide a copy of the form to the requestor.

 

GROUNDS FOR REFUSAL

  • The following are grounds upon which Credit Salvage may, subject to the exceptions in Chapter 4 of PAIA, refuse a request for access in accordance with Chapter 4 of PAIA:
  • Mandatory protection of the privacy of a third party who is a natural person, including a deceased person, where such disclosure of Personal Information would be unreasonable.
  • Mandatory protection of the commercial information of a third party, if the Records contain:
    • Trade secrets of that third party;
    • Financial, commercial, scientific, or technical information of the third party, the disclosure of which could likely cause harm to the financial or commercial interests of that third party; and/or
    • Information disclosed in confidence by a third party to Credit Salvage, the disclosure of which could put that third party at a disadvantage in contractual or other negotiations or prejudice the third party in 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 that would be regarded as privileged in legal proceedings;
  • Protection of the commercial information of Credit Salvage, which may include:
    • Trade secrets;
    • Financial/commercial, scientific, or technical information, the disclosure of which could likely cause harm to the financial or commercial interests of Credit Salvage;
    • Information which, if disclosed, could put Credit Salvage at a disadvantage in contractual or other negotiations or prejudice Credit Salvage in commercial competition; and/or
    • Computer programs which are owned by Credit Salvage, and which are protected by copyright and intellectual property laws;
  • Research information of Credit Salvage or a third party, if such disclosure would place the research or the researcher at a serious disadvantage; and
  • Requests for Records that are clearly frivolous or vexatious, or which involve an unreasonable diversion of resources.

 

REMEDIES SHOULD A REQUEST BE REFUSED

  • Credit Salvage does not have an internal appeal procedure in light of a denial of a request, decisions made by the information officer is final.
  • The requestor may in accordance with sections 56(3) (c) and 78 of PAIA, apply to a court for relief within 180 days of notification of the decision for appropriate relief.

 

FEES

The following fees shall be payable upon request by a requestor:

Request fee

(Payable on every request)

R140.00

Photocopy of an A4 page or part thereof

R2.00

Printed copy of an A4 page or part thereof

R2.00

Hard copy on flash drive

(Flash drive to be provided by requestor)

R40.00

Hard copy on a compact disc

(Compact disc to be provided by requestor)

R40.00

Hard copy on a compact disc

(Compact disc to be provided by Credit Salvage)

R60.00

Transcription of visual images per A4 page

As per quotation of service provider

Copy of visual images

As per quotation of service provider

Transcription of an audio record per A4 page

R24.00

Copy of an audio record on flash drive

(Flash drive to be provided by requestor)

R40.00

Copy of an audio on a compact disc

(Compact disc to be provided by requestor)

R40.00

Copy of an audio on a compact disc

(Compact disc to be provided by Credit Salvage)

R60.00

To search for and prepare the record for disclosure for each hour or part of an hour, excluding the first hour, reasonably required for such search and preparation

R145.00

To search for and prepare the record for disclosure for each hour or part of an hour, excluding the first hour, reasonably required for such search and preparation

(Cannot exceed total cost)

R435.00

Postage, email, or any other electronic transfer

Actual expense, if any.

 

POPI

  • Conditions for lawful processing:
    • POPI has eight conditions for lawful processing and includes:
      • Accountability
      • Processing limitation
      • Purpose specification
      • Further processing limitation
      • Information quality
      • Openness
      • Security safeguards
      • Data subject participation
  • Credit Salvage is involved in the following types of processing:
    • Collection
    • Recording
    • Organization
    • Structuring
    • Storage
    • adaptation or alteration
    • retrieval
    • consultation
    • use
    • disclosure by transmission
    • dissemination or otherwise making available
    • alignment or combination
    • restriction
    • erasure
    • destruction
  • Credit Salvage processes information for the following purposes:
    • to fulfil agreements in relation to its employees;
    • to provide services to its Clients in accordance with terms agreed to by the Clients;
    • to undertake activities related to the provision of services, such as:
      • to fulfil domestic legal, regulatory and compliance requirements
      • to verify the identity of client representatives who contact Credit Salvage or may be contacted by Credit Salvage;
      • for risk assessment, information security management, statistical, trend analysis and planning purposes;
      • to monitor and record calls and electronic communications with the Client for quality, training, investigation, and fraud prevention purposes;
      • to enforce or defend Credit Salvage
      • to manage Credit Salvage relationship with its clients, which may include providing information to its clients and its clients affiliates about Credit Salvage products and services;
    • the purposes related to any authorised disclosure made in terms of agreement, law, or regulation;
    • any additional purposes expressly authorised by Credit Salvage client;
    • any additional purposes as may be notified to the Client or Data Subjects in any notice provided by Credit Salvage.
  • Credit Salvage processes personal information the following categories of Data Subjects:
    • Juristic persons –
      • Corporate clients
      • Suppliers
    • Natural persons –
      • Individuals
      • Staff
      • Clients
      • Suppliers
  • Credit Salvage process the following categories personal information:
    • Client profile information;
    • Bank account details;
    • Payment information;
    • Client representatives;
    • Names;
    • Email Addresses;
    • Telephone numbers;
    • Facsimile numbers;
    • Physical addresses;
    • Tax numbers;
    • Identity Numbers;
    • Passport Numbers;
  • Recipients of Personal Information:
    • Credit Salvage, Credit Salvage associates, their respective representatives
  • When making authorised disclosures or transfers of personal information in terms of Section 72 of POPI, personal information may be disclosed to recipients in countries that do not have the same level of protection for personal information as South Africa does.
  • The following Security measures are implemented by Credit Salvage:
    • Credit Salvage implements numerous security measures to protect personal information that is stored electronically and physically.
    • Credit Salvage ensures that appropriate security measures are taken and updates these measures on a regular basis.
    • Credit Salvage have also implemented various policies for additional security for personal information stored both physically and electronically.
  • The personal information that is stored physically is protected as follows:
    • Where physical records of the data exist, such records will be stored in a secure area that can be ‘locked-away’ as to avoid a breach of the personal information.
    • Such physical data records will be ‘locked-away’ and secured when not in use. 
  • Credit Salvage may share personal information with third parties and in certain instances this may result in cross-border flow of the personal information. Personal information will always be subject to protection, not less than the protection it is afforded under the Protection of Personal Information Act No.4 of 2013.
  • Objection to the processing of personal information by a data subject:
    • Section 11(3) of POPI and regulation 2 of the POPI regulations provides that a data subject may, at any time object to the processing of their personal information in the prescribed form attached to this manual as ANNEXURE “C”. 
  • Request for correction or deletion of personal information:
    • Section 24 of POPI and regulation 3 of the POPI regulations provides that a data subject may request for their personal information to be corrected and/or deleted in the prescribed form attached hereto as ANNEXURE “D”.

 

Signature 

SIGNATURE OF INFORMATION OFFICER: 

DATE: 8 September 2023    

 **You can download a PDF version of these forms for completion at the bottom of this page**                   

Downloadable POPIA FORMS

PAIA - Form 2. Request For Access to Record