Promotion of access to information Act Section 51 Manual

1. Introduction

Jellyfish Online Marketing SA (Pty) Ltd

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 to information held by another person or entity, whether such information is required by someone to protect his/her rights.

2. Overview

Jellyfish is a Digital Marketing Partner working in the marketing, communication and advertising sector.

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 disclosured after evaluation of an access application being made in terms of the Act.

3. Availability of this manual

A copy of this Manual is available:

At our reception desk at our offices:
- Durban > 1 Richefond Circle, Ridgeside Office Park, Umhlanga Ridge, Durban, 4319
- Johannesburg > 8th Floor Rosebank Link, 173 Oxford Road, Johannesburg, 2196
- Cape Town > WeWork, 80 Strand Street, Cape Town City Centre, 8000
On request from our Information Officer
On our website www.jellyfish.com

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

OUR INFORMATION OFFICER

Our Information Officer is:

Rebecca Fuchs

Managing Director SA

Tel: 031 1002490

Email: rebecca.fuchs@jellyfish.com

4. How to request access to records held by Jellyfish

Requests for access to records held by Jellyfish must be made by contacting the Information Officer whose details are set out above. If the request relates to the processing of personal information, a request may also be made by sending an email to mydata@jellyfish.com.

When a record is requested, the following will apply:

Fees may be payable. These fees are prescribed by law, and can change from time to time. The fee list is attached to this document.

If the requester is acting on behalf of someone else, the signature of the other person as the one who has authorised the request to be made.

The requester must state in which form (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 Act allows 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 made 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.

5. Records available in terms of other legislation

Information is available in terms of the following legislation to the persons or entities specified in such legislation, as well as the specific protections offered by such laws. As legislation changes from time to time, and new laws may stipulate new manners 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; 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; etc.

6. Records held by Jellyfish

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 relating to temporary employees, fixed term employees, part-time employees, permanent employees, locums, associates, contractors, partners, directors, executive directors, non-executive directors. It includes personal files and similar records, records a third parties have provided to us about their personnel; employment contracts, conditions of employment; workplace policies; disciplinary records; termination records; minutes of staff meetings; performance management records and systems and all employment-related records and correspondence.

Client records, which includes client lists; agreements; consents; financial and accounts information; research information; evaluation records; profiling; and similar information.

Supplier and service provider records, which includes supplier 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, statutory body records, approvals, conditions and requirements, 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 environment.

Processing of Personal Information, Jellyfish complies with the Promotion of Access to Information Act (2 of 2000) (“PAIA”) when it processes personal information. For information on how we process personal information please refer to our Privacy Policy.

7. Annexure

FEES IN RESPECT OF RECORDS REQUESTED FROM PRIVATE BODIES

1. The fee for a copy of the 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:

(a) For every photocopy of an A4-size page or part thereof R1,10

(b) For every printed copy of an A4-size page or part thereof held on a computer or in electronic or machine-readable form R0,75

(i) stiffy disc R7,50

(ii) compact disc 70,00

(d)

(i) For a transcription of visual images, for an A4-size page or part thereof R40,00 (ii) For a copy of visual images R60,00

(e)

(i) For a transcription of an audio record, for an A4-size page or part thereof R20,00

(ii) For a copy of an audio record R30,00

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