MANUAL PREPARED IN TERMS OF SECTION 51 OF THE PROMOTION OF ACCESS TO INFORMATION ACT 2 / 2000 AND REGULATION 4(1)(d) OF THE REGULATIONS RELATING TO THE PROTECTION OF PERSONAL INFORMATION, 2017

of

EMG TECHNOLOGIES (PTY) LIMITED

Registration number: 2016/083286/07

EMG Technologies (Pty) Limited is a private company duly incorporated in accordance with the company laws of the Republic of South Africa, and it carries on business as a provider of technology solutions, products and services in the medical and health care industries.

Contents:

Introduction

Purpose of PAIA

Information Manual

Section 1 – Contact details

Section 2 – Human Rights Commission Guide details

Section 3 – Information Available in terms of Legislation

Section 4 – List of Records held by EMG Technologies (Pty) Limited

Section 5 – Processing of personal information

Section 6 – Fees in respect of request for Information

Section 7 - Availability of the manual

Section 8 – Forms for PAIA and POPIA

Introduction

This Manual is for EMG Technologies (Pty) Limited, Registration Number: 2016/083286/07 (“EMGuidance”), as “the Company”. This manual has been prepared in accordance with Section 51 of the Promotion of Access to Information Act, No. 2 of 2000 (Private Body). On 9 March 2001, the Promotion of Access to Information Act, No. 2 of 2000 became operative, giving effect to section 32(2) of the Constitution providing for a constitutional right of access to information. On 1st July 2020, the Protection of Personal Information Act 4 of 2013 also came into effect, which started the one-year grace period for private and public bodies to comply with POPIA.

The Purpose

PAIA is an act that was passed to give effect to the constitutional right, held by everyone in South Africa, of access to information which is held by the State or by another person and which is required for the exercise or protection of any right. Where a request is made in terms of PAIA, the body to which the request is made is obliged to give access to the requested information, except where the Act expressly provides that the information may or must not be released. It is important to note that PAIA recognises certain limitations to the right of access to information, including, but not exclusively, limitations aimed at the reasonable protection of privacy, commercial confidentiality, and effective, efficient and good governance, and in a manner which balances that right with any other rights, including such rights contained in the Bill of Rights in the Constitution. POPIA was enacted in November 2013, to promote the protection of personal information processed by public and private bodies. POPIA amended certain provisions of PAIA, balancing the need for access to information against the need to ensure the protection of personal information.

Information Manual

One of the main requirements specified in PAIA is the compilation of an information manual that provides information on both the types and categories of records held by a private body. This document serves as the Company’s information manual. This Manual is compiled in accordance with section 51 of PAIA and the Schedule to POPIA. It is intended to give a description of the records held by and on behalf of the Company; to outline the procedure to be followed and the fees payable when requesting access to any of these records in the exercise of the right of access to information, with a view of enabling requesters to obtain records which they are entitled to in a quick, easy and accessible manner.

This Manual is available for public inspection:

• at the physical address of the Company, recorded in section 1 below, free of charge; and

• on this website, free of charge; and

• on request by any person (along with payment of a prescribed fee).

The Manual is available from the designated Information Officer, whose details appear below.

Section 1 – Contact details

[Section 51(1)(a)]

Section 2 – Information Regulator Guide details

[Section 51(1)(b)]

The Information Regulator section 10 guide on how to use the Promotion of Information Act, 2000 may be obtained from the Information Regulator. The Information Regulator’s contact details:

The Information Regulator of South Africa 

JD House, 27 Stiemens Street

Braamfontein

Johannesburg

2001

or

P.O Box 31533, Braamfontein, Johannesburg, 2017

Complaints email: complaints.IR@justice.gov.za

General enquiries: inforeg@justice.gov.za

Section 3 – Information Available in terms of Legislation

[Section 51(1)(d)]

Information is held and maintained by EMG Technologies (Pty) Limited in compliance with the following legislation: 

1. Arbitration Act No. 42 of 1965
2. Basic Conditions of Employment No. 75 of 1997 
3. Companies Act No. 71 of 2008 
4. Consumer Protection Act No. 68 of 2008 
5. Copyright Act No. 98 of 1978 
6. Electronic Communications and Transactions Act 2 of 2003
7. Income Tax Act No. 95 of 1967 
8. Insolvency Act No. 24 of 1936 
9. Labour Relations Act No. 66 of 1995
10. Occupational Health & Safety Act No. 85 of 1993 
11. Trademarks Act No. 194 of 1993
12. Value Added Tax Act 89 of 1991
13. Health Professions Act 56 Of 1974
14. Medicines Act 101 of 1965
15. Pharmacy Act 53 of 1974

Section 4 – List of Records held 

Categories of records which are available without request [Section 51(1)(c)]
1. Web pages and marketing materials 
2. Guides and tutorials 

Records that may be requested [Section 51(1)(e)]

Company Founding Documents

1. Memorandum of Incorporation and Certificate of Incorporation;
2. Director’s Register;

Financial & Banking Details

1. Annual financial reports. 
2. Details of auditors. 
3. Bank accounts details

Human resources / employment records 

1. List of employees. 
2. Contracts of employment with employees. 

Immovable and movable property 

1. Agreements for the lease of immovable property. 
2. Agreements for the lease or sale of movable property. 
3. Credit sale agreements and/or hire purchase agreements. 
4. Other agreements for the purchase, ordinary sale, conditional sale or hire of assets. 

Information technology 

1. Computer software, support and maintenance agreements. 
2. Other documentation pertaining to computer systems and computer programmes. 

Miscellaneous agreements

1. Loans to third parties. 
2. Security agreements, guarantees and indemnities. 
3. Agency, managed services, distribution and reseller agreements. 
4. Marketing agreements. 
5. Confidentiality and/or non-disclosure agreements. 
6. Any other relevant agreements. 

Correspondence 

Correspondence, including internal and external memoranda. 

Request procedures

Form of request

• The requester must use the prescribed form to make the request for access to a record. This must be made to the Information Officer. This request must be made to the address or electronic mail address of the body concerned [s 53(1)].

• The requester must provide sufficient detail on the request form to enable the Information Officer  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 [s 53(2)(a) and (b) and (c)].

• 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 [s 53(2)(d)].

• 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 [s 53(2)(f)]

Fees

A requester who seeks access to a record containing personal information about that requester is not required to pay the request fee. Every other requester, who is not a personal requester, must pay the required request fee:

• The Information Officer must notify the requester (other than a personal requester) by notice, requiring the requester to pay the prescribed fee (if any) before further processing the request [s 54(1)].

• The fee that the requester must pay to a private body is R50. The requester may lodge an application to the court against the tender or payment of the request fee [s 54(3)(b)].

• After the Information Officer  has made a decision on the request, the requester must be notified in the required form.

• If the request is granted then a further access fee must be paid for the search, reproduction, preparation and for any time that has exceeded the prescribed hours to search and prepare the record for disclosure [s 54(6)].

Section 5 – Processing of personal information

• Purpose(s) of the processing

EMG Technologies (Pty) Ltd may collect personal information for the following purposes: 

• to enter into a contract with a data subject;

• to perform any obligations under a contract with a data subject;

• to comply with a legal obligation;

• to protect a legitimate interest of a data subject;

• to pursue our own legitimate interests or the legitimate interests of a third party we share information with;

• to process personal information for credit reporting purposes;

• to process personal information for direct marketing purposes (unless the data subject has opted out of receiving any direct marketing material);

• to process personal information relating to employees to comply with our legal obligations under applicable labour legislation, pension regulations or any collective agreements in force to protect the rights of such employees;

• to process employment applications, including criminal record checks in accordance with applicable labour legislation; and/or

• for historical, statistical, research or commercial purposes.

Description of categories of data subjects and of personal information or categories of personal information relating to processing 

Categories of data subjects:

• Shareholders, directors and officers of EMG Technologies (Pty) Ltd;

• Employees of EMG Technologies (Pty) Ltd;

• Customers of EMG Technologies (Pty) Ltd (existing and prospective);

• Users of the EMG Technologies (Pty) Ltd platform (existing and prospective);

• Agents, representatives, subcontractors, consultants, suppliers and service providers of EMG Technologies (Pty) Ltd;

• Other business contacts and associates.

Categories of personal information (applicable to relevant data subjects)

• Full names

• Identity / passport number

• Nationality

• Gender

• Country

• Location

• Professional council name (healthcare professionals)

• Professional council registration number (healthcare professionals)

• Profession (healthcare professionals)

• Areas of speciality (healthcare professionals)

• Areas of professional interest (healthcare professionals)

• Worksite (healthcare professionals) 

• Company

• Email address

• Telephone number 

• Mobile phone number

• Address details

• Bank account details 

• Unique username 

• Unique encrypted password

• IP address

• Financial/credit record 

• Details of shareholding 

• Other directorships

• Education history

• Employment history

• Company registration

• VAT registration

• BEE status

• Health / medical information

• Race

• Criminal record

Recipients or categories of recipients to whom personal information may be supplied

• Third party service providers

• South African Revenue Services (SARS)

• Companies and Intellectual Property Commission (CIPC) 

• South African Police Services and other law enforcement agencies  

Planned trans-border or cross border flows of personal information

It may be necessary from time to time for us to transfer your personal information to a jurisdiction other than your own for the purposes of supplying a particular service or product to you. 

When we do need to transfer your personal information to another country, we will only do so if that country has the same or similar legal protection in place to protect your personal information.

General description of information security measures implemented and monitored  

We implement and maintain a variety of physical and technical security safeguards to keep any personal information in our possession secure against internal and external risks, taking into account generally accepted information security practices and procedures.

If the security of our systems or our service providers’ systems is ever breached, and your personal information is leaked or shared with someone who is not authorised to have it, we will notify you as soon as it is reasonably possible in the quickest way possible to help you avoid or reduce any potential losses.

Section 6 –Fees in respect of request for Information

[Section 51(1)(f)]

1. The fee for a copy of this manual as contemplated in regulation 9(2)(c) is R1.10 for every photocopy of an A4-size page or part thereof.

2. The fees for reproduction referred to in regulation 11(1) are as follows:

3. The request fee payable by a requester, other than a personal requester, referred to in regulation 11(2) is R50.00.

4. The access fees payable by a requester referred to in regulation 11(3) are as follows:

(2) To search for and prepare the record for disclosure, R30,00 for each hour or part of an hour reasonably required for such search and preparation.

(3) For purposes of section 54(2) of PAIA, the following applies:

(a) Six (6) hours as the hours to be exceeded before a deposit is payable; and

(b) one third of the access fee is payable as a deposit by the requester.

(c) The actual postage is payable when a copy of a record must be posted to a requester

Section 7 - Availability of the manual

This manual is also available for inspection at the offices of EMG Technologies (Pty) Limited free of charge; and copies are available from the EMGuidance website at https://info.emguidance.com/paia

Section 8 – Forms

FORM 2 
REQUEST FOR ACCESS TO RECORD 
[Regulation 7]  

NOTE: 
1. Proof of identity must be attached by the requester. 
2. If requests made on behalf of another person, proof of such authorisation, must be attached to this form. 
TO: The Information Officer 

_______________________________________________________
_______________________________________________________
_______________________________________________________

(Address) 

E-mail address: _____________________________ 
Fax number: _____________________________ 

Mark with an "X" 
_______ Request is made in my own name  
_______ Request is made on behalf of another person. 

You will be notified in writing whether your request has been approved or denied and if approved the  costs relating to your request, if any. Please indicate your preferred manner of correspondence:

Signed at ____________________ this ___________ day of ________________ 20 _________ 

________________________________________________________ 

Signature of Requester / person on whose behalf request is made

------------------------------------------------------------------------------------------------------------------------------------

-------- FOR OFFICIAL USE 

____________________________ 

Signature of Information Officer