HERBALIFE INTERNATIONAL SOUTH AFRICA, LTD.
(“HERBALIFE”)
THE PROMOTION OF ACCESS TO INFORMATION MANUAL
(“Manual”)
1. PREAMBLE
1.1. The Promotion of Access to Information Act, 2000 (“PAIA”) came into operation on 9 March 2001. PAIA seeks, among other things, to give effect to the Constitutional right of access to any information held by the State or by any other person where such information is required for the exercise or protection of any right and gives natural and juristic persons the right of access to records held by either a private or public body, subject to certain limitations, in order to enable them to exercise or protect their rights. Where a request is made in terms of PAIA to a private body, that private body must disclose the information if the requester is able to show that the record is required for the exercise or protection of any rights and provided that no grounds of refusal contained in PAIA are applicable. PAIA sets out the requisite procedural issues attached to information requests.
1.2. Section 51 of PAIA obliges private bodies to compile a manual to enable a person to obtain access to information held by such private body and stipulates the minimum requirements that the manual has to comply with.
1.3. This Manual constitutes Herbalife’s PAIA manual. This Manual is compiled in accordance with section 51 of PAIA as amended by the Protection of Personal Information Act, 2013 (“POPIA”), which gives effect to everyone’s Constitutional right to privacy. POPIA promotes the protection of personal information processed by public and private bodies, including certain conditions so as to establish minimum requirements for the processing of personal information. POPIA amends certain provisions of PAIA, balancing the need for access to information against the need to ensure the protection of personal information by providing for the establishment of an Information Regulator to exercise certain powers and perform certain duties and functions in terms of POPIA and PAIA, providing for the issuing of codes of conduct and providing for the rights of persons regarding unsolicited electronic communications and automated decision making in order to regulate the flow of personal information and to provide for matters concerned therewith.
1.4. This PAIA manual also includes information on the submission of objections to the processing of personal information and requests to delete or destroy personal information or records thereof in terms of POPIA.
VERSION |
POLICY OWNER |
DATE |
1.0 |
Herbalife |
November 10th, 2023 |
2. ABOUT HERBALIFE
2.1. The Manual is applicable to Herbalife and is available to view at its premises at Herbalife International South Africa, Ltd., Ground Floor, Building 32, Woodlands Office Park, Woodlands Drive, Woodmead, Gauteng, 2191, South Africa
2.2. This PAIA Manual is compiled not only to ensure that Herbalife complies with PAIA and POPIA, but is also intended to:
2.2.1. foster a culture of transparency and accountability within Herbalife by giving effect to the right to information that is required for the exercise or protection of any right; and
2.2.2. actively promote a society in which the people of South Africa have effective access to information to enable them to exercise and protect their rights.
3. OBJECTIVES OF THIS MANUAL
The objectives of this Manual are:
3.1. to provide a list of all records held by Herbalife;
3.2. to set out the requirements with regard to who may request information in terms of PAIA as well as the grounds on which a request may be denied;
3.3. to define the manner and form in which a request for information must be submitted; and
3.4. to comply with the additional requirements imposed by POPIA.
4. CONTACT DETAILS
Name of Private Body: |
Herbalife International South Africa, Ltd. (Herbalife) |
Designated Information Officer: |
[ ]Mariusz Krzysztofek |
Email address of Information Officer: |
|
Postal address: |
[ ]Private Bag X86, Halfway House, 1685, South Africa |
Phone number: |
[ ]+27 11 5541000 |
5. THE INFORMATION AND DEPUTY INFORMATION OFFICERS
PAIA and POPIA require the appointment of an Information Officer which in relation to a private body means the head of a private body as contemplated in section 1 of PAIA.
6. INFORMATION REGULATORS GUIDE
6.1. An official Guide will be, or has been, compiled which contains information to assist a person wishing to exercise a right of access to information in terms of PAIA and POPIA. This Guide is made available by the Information Regulator (established in terms of POPIA). Copies of the updated Guide are available from Information Regulator and the Information Officer free of charge. Any request for public inspection of the Guide at the office of the Information Officer or a request for a copy of the Guide from the Information Officer must substantially correspond with Form 1 of Annexure A to Government Notice No. R.757 dated 27 August 2021 2021 promulgated under the PAIA Regulations. Please refer to Annexure C.
6.2. Any enquiries regarding the Guide should be directed to:
Postal Address: |
JD House 27 Stiemens Street Braamfontein, Johannesburg, 2001 |
E-mail Address: |
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Website: |
7. ENTRY POINT FOR REQUESTS
7.1. PAIA provides that a person may only make a request for information, if the information is required for the exercise or protection of a legitimate right.
7.2. Information will therefore not be furnished unless a person provides sufficient particulars to enable Herbalife to identify the right that the requester is seeking to protect as well as an explanation as to why the requested information is required for the exercise or protection of that right. The exercise of an individual’s rights is subject to justifiable limitations, including the reasonable protection of privacy, commercial confidentiality and effective, efficient and good governance. PAIA and the request procedure contained in this Manual may not be used for access to a record for criminal or civil proceedings, nor should information be requested after the commencement of such proceedings.
7.3. WW Privacy Department has been delegated with the task of receiving and co-ordinating all requests for access to records in terms of PAIA, in order to ensure proper compliance with PAIA and POPIA.
7.4. WW Privacy Department will facilitate the liaison with the internal legal team on all of these requests.
7.5. All requests in terms of PAIA and this Manual must be addressed WW Privacy Department using the details in paragraph 2.1 above and at privacy@herbalife.com.
8. AUTOMATICALLY AVAILABLE INFORMATION
8.1. Information that is obtainable via the Herbalife website about Herbalife is automatically available and need not be formally requested in terms of this Manual.
8.2. The following categories of records are automatically available for inspection, purchase or photocopying:
8.2.1. brochures
8.2.2. press releases
8.2.3. publication; and
8.2.4. various other marketing and promotional material.
9. INFORMATION AVAILABLE IN TERMS OF POPIA
Please visit Herbalife’s Privacy Policy for information on the kinds of information Herbalife may collect, how such information may be used, with whom such information may be shared, your choices regarding the collection, use and sharing of such information, your ability to access and correct such information and the security procedures Herbalife uses to protect this information. These topics are summarized below.
9.1. Categories of personal information collected by Herbalife
Herbalife may collect information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to: first and last name, mailing address, telephone number, email address, credit card information, banking information, and biographical information (including, but not limited to, date of birth, and marital status).
9.2. The purpose of processing personal information
9.2.1. We use the information we collect for a variety of purposes, including: providing you with the products, services and support; processing transactions and shipping orders; communicating about account or transactions, changes to our policies and other administrative matters, or questions and comments; to better understand interests in order to provide with promotional information, relevant content, surveys, questionnaires, and other materials; improving our products, services and operations; and ensuring compliance with our company policies and rules and the law, or as we believe is necessary to protect, enforce or defend the legal rights, privacy, safety or property of ourselves and others. We also use this information to validate sales made by Herbalife Distributors, to help Herbalife Distributors search for, communicate with and validate customers in our systems, and for Herbalife compliance purposes. Herbalife or its authorized third parties may contact directly for these purposes using various contact methods.
9.2.2. Herbalife may also use this information to support the operation of the Preferred Memberships and Distributorships, and to maintain proper functioning of the Herbalife Sales & Marketing Plan. For example, information about Preferred Members may be used to support, calculate and track your product discount and to provide you with information on special promotions. Information about Herbalife Distributors may be used to support, calculate and track discounts, earnings and bonuses, to issue payments to and report income to taxing authorities, to provide training, and to ensure compliance with applicable law and company policies, plans and agreements, including the Distributorship Application and Agreement.
9.2.3. We may retain information for as long as needed to: provide services; fulfil other legitimate business needs, such as maintaining the proper function of the Sales & Marketing Plan; fulfil our compliance and legal obligations; and resolve disputes and enforce our agreements, including the Distributorship Agreements.
9.3. A description of the categories of data subjects and of the information or categories of information relating thereto
Herbalife holds information and records on the following categories of data subjects:
- Herbalife Distributors and Herbalife Preferred Members;
- Customers of Herbalife Distributors;
- Employees / personnel of Herbalife;
- Any third party with whom Herbalife conducts business;
- Contractors of Herbalife;
- Suppliers of Herbalife.
(This list of categories of data subjects is non-exhaustive.)
9.4. The recipients or categories of recipients to whom the personal information may be supplied
Depending on the nature of the personal information, Herbalife may supply information or records to the following categories of recipients:
Affiliates and Partners
We may share any of the personal information described above in Section 9.1 with our affiliates (companies that control, are controlled by, or are under common control with, Herbalife) as well as select partners. Examples of how these entities may use your information include making predictions about your interests and providing you with special offers, promotions, advertisements, and other materials.
Vendors & Service Providers
We may share any of the personal information described above in Section 9.1 with vendors and service providers that perform functions on our behalf. Examples of such functions include fulfilling orders, delivering packages, email administrative functions, processing credit card payments, providing customer service, and for market research. Vendors and service providers must handle your personal information in accordance with Herbalife instructions and are prohibited from using or disclosing your personal information for any other purpose.
Herbalife Independent Distributors
If you are an Herbalife Distributor, Preferred Member, or Customer, we may share your information with other Herbalife Distributors, including without limitation as part of a Lineage Report which contains information (such as name, contact information, level or rank, and volume and sales statistics) on other Distributors and Preferred Members in an Herbalife Distributor’s downline. (The downline organization consists of all Distributors and Preferred Members that were personally sponsored by a Distributor, and in turn, all other persons sponsored by the subsequent Distributors.) To the extent the Lineage Report contains data from persons outside of the United States, we have taken appropriate measures to protect the data in accordance with applicable law. Lineage Reports are provided to Distributors in strict confidence and for the sole purpose of supporting the Distributors in further developing their Herbalife businesses, including for use in marketing tools and platforms.
We may share your information with Distributors to offer and provide you with products and services, and these Distributors may further share your information as described in their privacy policies. For example, if you use some of our Sites, such as GoHerbalife.com or HerbalifeOne and our Weight Loss Challenge Site (herbalifewlc.com), your information may be shared with one or more Distributors servicing those sites. Similarly, if you participate in a Nutrition Club, we may share your information with any of the Distributors operating the Nutrition Club. We may also share your information with Distributors so that they can provide you with a more personalized experience, such as recommending products and services that are most relevant to you. Herbalife Distributors who receive your information are bound by the terms of their Distributorship Agreement and the privacy and data protection covenants contained therein. Some of these Distributors may be based in countries that do not offer the same or a similar level of privacy protection as is available in your own country.
If you operate a Nutrition Club, we may share the location of that Club with Preferred Members, Customers, and other Herbalife Distributors.
Legal & Compliance Disclosures
We may also disclose your information: as required by law, such as to comply with a subpoena, legal proceedings, or similar legal process, including disclosure to authorized third party auditors; or when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate or prevent fraud, or respond to a government request.
Business Transitions
We may share your information if Herbalife is involved in a merger, acquisition, or sale of or transfer of assets, or in the unlikely event of bankruptcy.
Other Parties with Your Consent
In addition to the sharing described in this Privacy Policy, we may also share information about you with third parties for any other purpose disclosed to you at the time we collect the information or pursuant to your consent or direction.
9.5. Planned transborder flows of personal information
- If a data subject visits Herbalife’s website from a country other than South Africa, the various communications will necessarily result in the transfer of information across international boundaries.
- Herbalife may need to transfer a data subject's information to service providers in countries outside South Africa, in which case it will fully comply with applicable data protection legislation.
- These countries may not have data-protection laws which are similar to those of South Africa
9.6. .A general description of information security measures to be implemented by Herbalife
Herbalife takes extensive information security measures to ensure the confidentiality, integrity and availability of personal information in our possession. Herbalife takes appropriate technical and organisational measures designed to ensure that personal data remains confidential and secure against unauthorised or unlawful processing and against accidental loss, destruction or damage. Those measures include but are not limited to: information security policy and standards, access control, data encryption and backups, two-factor authentication, vulnerability management, secure software development life cycle, endpoint protection.
10. INFORMATION AVAILABLE IN TERMS OF OTHER LEGISLATION
Information is available in terms of certain provisions of the following legislation to the persons or entities specified in such legislation:
· Administration of Estates Act 66 of 1965
· Arbitration Act 42 of 1965
· Basic Conditions of Employment Act 75 of 1997
· Broad Based Black Economic Empowerment Act 53 of 2003
· Close Corporations Act 69 of 1984
· Companies Act 71 of 2008
· Compensation for Occupational Injuries and Health Diseases Act 130 of 1993
· Constitution of South Africa Act 108 of 1996
· Criminal Procedure Act 51 of 1977
· Customs and Excise Act 91 of 1964
· Electronic Communications and Transactions Act 25 of 2002
· Employment Equity Act 55 of 1998
· Environment Conservation Act 73 of 1989
· Estate Agency Affairs Act 112 of 1976
· Explosives Act 13 of 1956
· Financial Markets Act 19 of 2012
· Hazardous Substances Act 15 of 1973
· Income Tax Act 58 of 1962
· Insolvency Act No. 24 of 1936
· Labour Relations Act 66 of 1995
· Mine Health and Safety Act 29 of 1996
· Minerals Act 50 of 1991
· Mineral and Petroleum Resources Development Act 28 of 2002
· Mineral and Petroleum Resources Royalty (Administration) Act 28 of 2008
· National Credit Act 34 of 2005
· National Dust Control Regulations, 2013 under the National Environmental Management: Air Quality Act 39 of 2004
· National Environmental Management Act 107 of 1998
· National Environmental Management: Waste Act 59 of 2008
· National Water Act 36 of 1999
· Occupational Diseases in Mines and Works Act 78 of 1973
· Occupational Health & Safety Act 85 of 1993
· Pension Funds Act 24 of 1956
· Prevention and Combatting of Corrupt Activities Act 12 of 2004
· Prevention of Organised Crime Act 14 of 1998
· Protected Disclosure Act 26 of 2000
· Promotion of Access of Information Act 2 of 2000
· Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000
· Protection of Personal Information Act 4 of 2013
· Sarbanes Oxley Act of 2000
· Skills Development Act 97 of 1998
· Skills Development Levies Act 9 of 1999
· Stock Exchanges Control Act No 1 of 1985
· Stock Exchanges Control Amendment Act 54 of 1995 (and the rules and listing requirements of the JSE Securities Exchange authorised in terms thereof)
· Tax Administration Act 28 of 2011
· Trade Marks Act 194 of 1993
· Unemployment Contributions Act 4 of 2002
· Unemployment Insurance Act 63 of 2001
· Value Added Tax Act 89 of 1991
11. CATEGORIES OF RECORDS AVAILABLE UPON REQUEST
11.1. Herbalife maintains records on the categories and subject matters listed below. Please note that recording a category or subject matter in this Manual does not imply that a request for access to such records would be honoured. All requests for access will be evaluated on a case by case basis in accordance with the provisions of PAIA.
11.2. Please note further that many of the records held by Herbalife are those of third parties, such as clients and employees, and Herbalife takes the protection of third party confidential information very seriously. In particular, where Herbalife acts as professional advisors to clients, many of the records held are confidential and others are the property of the client and not of Herbalife. For further information on the grounds of refusal of access to a record please see paragraph 12.5 below. Requests for access to these records will be considered very carefully. Please ensure that requests for such records are carefully motivated.
Category of records |
Records |
Internal records The records listed pertain to Herbalife’s own affairs Some of these categories of records are covered in more detail below |
· Memoranda and Articles of Association · Financial records · Operational records · Intellectual property · Marketing records · Internal correspondence · Service records · Statutory records · Internal policies and procedures · Minutes of meetings
|
Personnel records For the purposes of this section, “personnel” means any person who works for or provides services to or on behalf of Herbalife and receives or is entitled to receive any remuneration and any other person who assists in carrying out or conducting the business of Herbalife. This includes partners, directors, all permanent, temporary and part-time staff as well as consultants and contract workers. |
· Any personal records provided to us by our personnel · Any records a third party has provided to us about any of their personnel · Conditions of employment and other personnel-related contractual and quasi legal records · Employment policies and procedures · Internal evaluation and disciplinary records and · Other internal records and correspondence. |
Client-related records |
· Contracts with the client and between the client and other persons |
Other third party records Records are kept in respect of other parties, including without limitation joint ventures and consortia to which Herbalife is a party, contractors and sub-contractors, suppliers, service providers, and providers of information regarding general market conditions. In addition, such other parties may possess records which can be said to belong to Herbalife. |
· Personnel, client, or Herbalife records which are held by another party as opposed to being held by Herbalife · Records held by Herbalife pertaining to other parties, including financial records, correspondence, contractual records, records provided by the other party, and records third parties have provided about the contractors or suppliers |
Supply Chain Records |
· Policies and procedures manuals · Purchasing agreements · Material catalogue for stock items · Supply contract Vendor list
|
Strategic Planning Records |
· Operational plans · Strategic plans · JSE Socially Responsible Investment Index questionnaire
|
Corporate Affairs Records |
· Database of current and past institutional investors · Database of analysts · Media database · General mailing lists · Promotional material · Company article and newspaper records · Relevant presentations on Herbalife · Market research on Herbalife and peers · Company press releases · Media coverage on Herbalife and peers
|
Human Resources Records |
· Booklets and Codes for employees · Collective agreements · Human Resources Policies · Employee records relating to: - Employment - Manning - Remuneration and Incentives - Accommodation - Performance Management - Employee Development - Employee Relations - Employee Care - Human Resource Administration - Health and Wellness - Separations - Managerial - Disciplinary Hearings - Employment Equity Plan
|
Treasury Records |
· Correspondence · Mandates and resolutions · Service contracts · Facility letters · Transitional records
|
Business Development Records |
· Books and publications · Information relating to: - Herbalife - Competitors - Transactions and agreements with third parties
|
Finance Records |
· Records for Herbalife comprise: - Vendor invoices - Remittance advices - Accounts receivable - Banking records - Management and monthly accounts, quarterly and annual financial statements - External audit reports and records - Annual budgets - Fixed asset register - Accounting policies and procedures - Benchmarking - Guarantees, undertakings, subordinations, bonds and similar liabilities · Other records comprise: - Medical scheme reports - Financial correspondence · Operational Audit, Risk (including Insurance) and SOX
|
Legal Records |
· Details of external counsel used by the company (locally and abroad) · Copies of agreements to which group companies are party to · Details of legal proceedings · General legal correspondence |
Tax Records |
· Tax returns as filed with the South African Revenue Services (“SARS”) · Correspondence with SARS on various issues – including objections to assessments, rulings obtained etc · Documentation on tax advice and opinions obtained from external counsel · Documentation on “internal” matters of Herbalife e.g. employees’ tax matters etc. |
Corporate Finance Records |
· Circulars and announcements of past Herbalife transactions · Group valuation models · Dealings with professional advisors · External valuations |
Secretariat Records |
· Records relating to Herbalife comprising: - Memoranda of Incorporation - Equity structure details - Statutory compliance records - Manual of records Shareholders records comprising: - Correspondence and queries - Notices, circulars and minutes of general meetings - Share certificates and transfer forms - Offshore stock exchanges - Dividend declarations and announcements - American depository receipts programme - Share schemes - Correspondence with investors - Securities regulation panel dealings - Shareholders agreements · Records concerning Directors and Officers comprising: - Appointments, resignations and fees - Board and Committee meetings attendance - Group committees and terms of reference - Approval framework
|
Information and Communication Technology Records |
· Supply and maintenance contracts · Projects feasibility studies and proposals · Policies, standards and procedures · Internal reports and correspondence · ICT strategy plan · Audit reports pertaining to ICT · Project plans and project minutes · Software licensing agreements
|
Operations Records |
· Current records concerning: - Business plans - Capital projects - Administration and management of the operations - Health, safety and environmental - Operational reports · Technical records: - Metallurgy - Mineral resources - Electrical and mechanical engineering
|
Other records |
· Information relating to Herbalife · Research information belonging to Herbalife or carried out on behalf of a third party
|
12. REQUEST PROCEDURES
12.1. Request Submission Requirements
12.1.1. The procedures for requesting non-personal information under PAIA and for requesting personal information under POPIA are set forth below.
12.1.2. Requests for Non-Personal Information under PAIA.
12.1.2.1. Any request for access to a record in terms of PAIA must substantially correspond with Form 2 of Annexure A to Government Notice No. R.757 dated 27 August 2021 promulgated under the PAIA Regulations and should be specific in terms of the record requested. Please refer to Annexure A.
12.1.3. Requests for Personal Information under POPIA
12.1.3.1. POPIA provides that a data subject may, upon proof of identity, request Herbalife to confirm, free of charge, all the information it holds about the data subject and may request access to such information, including information about the identity of third parties who have or have had access to such information.
12.1.3.2. Any request for access to personal information under POPIA must be submitted using Herbalife’s Data Subject Request intake form available here: https://privacyportal.onetrust.com/webform/46601746-6006-4c21-88ec-15dfa5b7dcdc/349bb89d-7008-46f7-b765-717966e11235. Submitting your request via this webform facilitates our ability to verify your identity and validate your request. If you are experiencing difficulties with the webform, please let us know by contacting Worldwide Privacy at privacy@herbalife.com. We are unable to process requests that have not been validated.
12.1.3.3. POPIA also provides that where the data subject is required to pay a fee for services provided to him/her, Herbalife must provide the data subject with a written estimate of the payable amount before providing the service and may require that the data subject pays a deposit for all or part of the fee.
12.1.3.4. A request for access to information which does not comply with the formalities as prescribed by PAIA/POPIA will be returned to you, but you can contact our Information Officer should you require assistance.
12.1.3.5. POPIA provides that a data subject may object, at any time, to the processing of personal information by Herbalife, on reasonable grounds relating to his/her particular situation, unless legislation provides for such processing. The data subject may submit such request using Herbalife’s Data Subject Request intake form available here: https://privacyportal.onetrust.com/webform/46601746-6006-4c21-88ec-15dfa5b7dcdc/349bb89d-7008-46f7-b765-717966e11235.
12.1.3.6. A data subject may also request Herbalife to correct or delete personal information about the data subject in its possession or under its control that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or obtained unlawfully; or destroy or delete a record of personal information about the data subject that Herbalife is no longer authorised to retain records in terms of POPIA's retention and restriction of records provisions.
12.1.3.7. A data subject that wishes to request a correction or deletion of personal information or the destruction or deletion of a record of personal information may submit such request using Herbalife’s Data Subject Request intake form available here: https://privacyportal.onetrust.com/webform/46601746-6006-4c21-88ec-15dfa5b7dcdc/349bb89d-7008-46f7-b765-717966e11235.
12.2. Proof or validation of identity
Proof of identity is required to authenticate your identity for any request made under PAIA. You will, in addition to completing the information contained in the prescribed form of Annexure A, be required to submit acceptable proof of identity such as a certified copy of your identity document or other legal forms of identity.
For requests for personal information under POPIA, in order to validate identity, you are required to provide certain information when submitting your request via the webform referenced above. In addition, once you have submitted the webform, you will receive an email asking you to confirm the request. You must click the link in the confirmation email to confirm and validate your request. We are unable to process requests that have not been validated.
12.3. Payment of the prescribed fees
12.3.1. There are two categories of fees which are payable for information listed in sec. 11, to which you have a right of access in accordance with PAIA, except for your personal data, to which you have a right of access in accordance with POPIA:
12.3.1.1. The request fee: R140.00
12.3.1.2. The access fee: This is calculated by taking into account reproduction costs, search and preparation costs, as well as postal costs. These fees are set out in Annexure B.
12.3.2. Section 54 of PAIA entitles Herbalife to levy a charge or to request a fee to enable it to recover the cost of processing a request and providing access to records. The fees that may be charged are set out in Annexure B of Government Notice No. R.757 dated 27 August 2021 2021 promulgated under the PAIA Regulations. Please refer to Annexure B.
12.3.3. Where a decision to grant a request has been taken, the record will not be disclosed until the necessary fees have been paid in full.
12.4. Timelines for consideration of a request for access
12.4.1. Requests will be processed within a reasonable time and in any event within 30 (thirty) days of receipt the request, unless the request contains considerations that are of such a nature that an extension of the time limit is needed.
12.4.2. The Information Officer will inform the requester of the decision, and the fees payable (if applicable) on a form that corresponds substantially with Form 3 of Annexure A to Government Notice No. R.757 dated 27 August 2021 promulgated under the PAIA Regulations. Please refer to Annexure D.
12.4.3. Should an extension be required, you will be notified, together with reasons explaining why the extension is necessary.
12.5. Grounds for refusal of access and protection of information
12.5.1. There are various grounds upon which a request for access to a record may be refused. These grounds include:
· the protection of personal information of a third person (who is a natural person) from unreasonable disclosure;
· the protection of commercial information of a third party (for example: trade secrets; financial, commercial, scientific or technical information that may harm the commercial or financial interests of a third party);
· if disclosure would result in the breach of a duty of confidence owed to a third party;
· if disclosure would jeopardise the safety of an individual or prejudice or impair certain property rights of a third person;
· if the record was produced during legal proceedings, unless that legal privilege has been waived;
· if the record contains trade secrets, financial or sensitive information or any information that would put Herbalife (at a disadvantage in negotiations or prejudice it in commercial competition); and/or
· if the record contains information about research being carried out or about to be carried out on behalf of a third party or by Herbalife.
12.5.2. Section 70 of PAIA contains an overriding provision. Disclosure of a record is compulsory if it would reveal (i) a substantial contravention of, or failure to comply with the law; or (ii) there is an imminent and serious public safety or environmental risk; and (iii) the public interest in the disclosure of the record in question clearly outweighs the harm contemplated by its disclosure.
12.5.3. If the request for access to information affects a third party, then such third party must first be informed within 21 (twenty one) days of receipt of the request. The third party would then have a further 21 (twenty one) days to make representations and/or submissions regarding the granting of access to the record.
13. REMEDIES AVAILABLE TO A REQUESTER ON REFUSAL OF ACCESS
13.1. If the Information Officer decides to grant you access to the particular record, such access must be granted within 30 (thirty) days of being informed of the decision.
13.2. There is no internal appeal procedure that may be followed after a request to access information has been refused. The decision made by the Information Officer is final. In the event that you are not satisfied with the outcome of the request, you are entitled to apply to a court of competent jurisdiction to take the matter further.
13.3. Where a third party is affected by the request for access and the Information Officer has decided to grant you access to the record, the third party has 30 (thirty) days in which to appeal the decision in a court of competent jurisdiction. If no appeal has been lodged by the third party within 30 (thirty) days, you must be granted access to the record.
14. AVAILABILITY OF THIS MANUAL
Copies of this Manual are available for inspection, free of charge, at the offices of Herbalife at [Herbalife International South Africa, Ltd., Ground Floor, Building 32, Woodlands Office Park, Woodlands Drive, Woodmead, Gauteng, 2191, South Africa].
The Manual is also available on the website of Herbalife at PAIA Manual PDF
Annexure A FORM 2: REQUEST FOR ACCESS TO RECORD
If you would like to make a request regarding your personal data under POPIA, please submit your request via our DSR Webform, which is located here:: https://privacyportal.onetrust.com/webform/46601746-6006-4c21-88ec-15dfa5b7dcdc/349bb89d-7008-46f7-b765-717966e11235.
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.
PERSONAL INFORMATION
Full names: |
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Identity number: |
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Capacity in which request is made (when made on behalf of another person): |
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Postal Address: |
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Street Address: |
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E-mail Address |
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Contact numbers: Tel. (B): |
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Full names of person on whose behalf request is made (if applicable): |
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Identity number: |
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Postal Address: |
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Street Address: |
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E-mail Address: |
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Contact numbers: Tel. (B): |
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PARTICULARS OF RECORD REQUESTED |
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Description of record or relevant part of the record: |
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Reference number, if available: |
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Any further particulars of record: |
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TYPE OF RECORD |
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Record is in written or printed form |
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Record comprises virtual images (this includes photographs, slides, video recordings, computer-generated images, sketches, etc) |
|
Record consists of recorded words or information which can be reproduced in sound |
|
Record is held on a computer or in an electronic, or machine-readable form |
|
FORM OF ACCESS |
|
Printed copy of record (including copies of any virtual images, transcriptions and information held on computer or in an electronic or machine-readable form) |
|
Written or printed transcription or virtual images (this includes photographs, slides, video recordings, computer-generated images, sketches, etc) |
|
Transcription of soundtrack (written or printed document) |
|
Copy of record on flash drive (including virtual images and soundtracks) |
|
Copy of record on compact disc drive (including virtual images and soundtracks) |
|
Copy of record saved on cloud storage server |
|
MANNER OF ACCESS |
|
Personal inspection of record at registered address of public/private body (including listening to recorded words, information which can be reproduced in sound, or information held on computer or in an electronic or machine-readable form) |
|
Postal services to postal address |
|
Postal services to street address |
|
Courier service to street address |
|
Facsimile of information in written or printed format (including transcriptions) |
|
E-mail of information (including soundtracks if possible) |
|
Cloud share/file transfer |
|
Preferred language: |
|
PARTICULARS OF RIGHT TO BE EXERCISED OR PROTECTED |
|
Indicate which right is to be exercised or protected: |
|
Explain why the record requested is required for the exercise or protection of the aforementioned right: |
|
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:
Postal address |
Facsimile |
Electronic communication |
|
|
|
Signed at ____________________ on this _________________ day of _____________________ 20_______
________________________________________
Signature of requester / person on whose behalf request is made
…………………………………………………………………………………………………………………………
FOR OFFICIAL USE
Reference number: |
|
Request received by: (state rank, name and surname of information officer) |
|
Date received: |
|
Access fees: |
|
Deposit (if any): |
|
_______________________________________________
Signature of information officer
Annexure B FEES IN RESPECT OF PRIVATE BODIES
Does not apply to request for access to personal information under POPIA
FEES IN RESPECT OF PRIVATE BODIES
Item |
Description |
Amount |
1. |
The request fee payable by every requester |
R140.00 |
2. |
Photocopy of A4-size page |
R2.00 per page or part thereof. |
3. |
Printed copy of A4-size page |
R2.00 per page or part thereof. |
4. |
For a copy in a computer-readable form on: (i) Flash drive (to be provided by requestor) (ii) Compact disc · If provided by requestor · If provided to the requestor |
R40.00 |
5. |
For a transcription of visual images per A4-size page |
Service to be outsourced. Will depend on quotation from Service provider. |
6. |
Copy of visual images |
Service to be outsourced. Will depend on quotation from Service provider. |
7. |
Transcription of an audio record, per A4-size page |
R24.00 |
8. |
Copy of an audio record on: (i) Flash drive (to be provided by requestor) (ii) Compact disc · If provided by requestor · If provided to the requestor |
R40.00 R40.00 |
9. |
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. To not exceed a total cost of |
R145.00 |
10. |
Deposit: If search exceeds 6 hours |
One third of amount per request calculated in terms of items 2 to 8. |
11. |
Postage, e-mail or any other electronic transfer |
Actual expense, if any. |
Annexure C - Form 1 REQUEST FOR A COPY OF A GUIDE
Please be advised that a copy of PAIA guides on how to access information is available also at https://inforegulator.org.za/paia-guidelines in other languages.
REQUEST FOR A COPY OF THE GUIDE
[Regulations 2 and 3]
TO: The Information Regulator
P.O. Box 31533
Braamfontein
2017
Email address:
Tel number: +27 (0) 10 023 5200
OR
The Information Officer
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
I,
Full names: |
|
|||
In my capacity as (mark with "x") |
Information Officer |
|
Other |
|
Name of public/private body (if applicable) |
|
|||
Postal Address: |
|
|||
Street Address: |
|
|||
Email Address: |
|
|||
Facsimile: |
|
|||
Contact numbers: |
Tel. (B): |
|
Cellular: |
|
hereby request the following copy(ies) of the guide:
Language (make with "X") |
No. of copies |
Language (make with "X") |
No. of copies |
||
|
Sepedi |
|
|
Sesotho |
|
|
Setswana |
|
|
siSwati |
|
|
Tshivenda |
|
|
Xitsonga |
|
|
Afrikaans |
|
|
English |
|
|
isiNdebele |
|
|
IsiXhosa |
|
|
isiZulu |
|
|
||
Manner of collection (mark with "x")
Postal address |
Facsimile |
Electronic communication (please specify) |
|
|
|
Signed at ____________________ on this _________________ day of _____________________ 20_______
________________________________________
Signature of requester
Annexure D FORM 3 OUTCOME OF REQUEST AND OF FEES PAYABLE
OUTCOME OF REQUEST AND OF FEES PAYABLE
[Regulation 8]
Note:
1. If your request is granted the-
a) amount of the deposit, (if any), is payable before your request is processed; and
b) requested record/portion of the record will only be released once proof of full payment is received.
2. Please use the reference number hereunder in all future correspondence.
Reference number:
TO: _____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
Your request dated , refers.
You requested:
Personal inspection of information at the registered address of Herbalife International South Africa, Ltd., Ground Floor, Building 32, Woodlands Office Park, Woodlands Drive, Woodmead, Gauteng, 2191, South Africa (including listening to recorded words, information which can be reproduced in sound, or information held on computer or in an electronic or machine-readable form) is free of charge. You are required to make an appointment for the inspection of the information and to bring this Form with you. If you then require any form of reproduction of the information, you are liable for the fess prescribed in Annexure B. |
|
OR
You requested:
Printed copies of the information (including copies of an virtual images, transcriptions and information held on computer or in an electronic or machine readable form) |
|
Written or printed transcription of virtual images (this includes photographs, slides, video recordings, computer-generated images, sketches, etc.) |
|
Transcription of soundtrack (written or printed document) |
|
Copy of information on flash drive (including virtual images and soundtracks) |
|
Copy of information on compact disc drive (including virtual images and soundtracks) |
|
Copy of record saved on cloud storage server |
|
To be submitted:
Postal services to postal address |
|
Postal services to street address |
|
Courier service to street address |
|
Facsimile of information in written or printed format (including transcriptions) |
|
E-mail of information (including soundtracks if possible) |
|
Cloud share/file transfer |
|
Preferred language: (Note that if the record is not available in the language you prefer, access may be granted in the language in which the record is available) |
|
Kindly note that your request has been:
Approved
Denied for the following reasons:
|
Fees payable with regards to your request:
Item |
Cost per A4-size page or part thereof/item |
Number of pages/items |
Total |
Photocopy |
|
|
|
Printed copy |
|
|
|
For a copy in a computer-readable form on: (iii) Flash drive (to be provided by requestor) (iv) Compact disc · If provided by requestor · If provided to the requestor |
R40.00 |
|
|
For a transcription of visual images per A4-size page |
Service to be outsourced. Will depend on quotation from Service provider. |
|
|
Copy of visual images |
|
|
|
Transcription of an audio record, per A4-size page |
R24.00 |
|
|
Copy of an audio record on: (iii) Flash drive (to be provided by requestor) (iv) Compact disc · If provided by requestor · If provided to the requestor |
R40.00 R40.00 |
|
|
Postage, e-mail or any other electronic transfer: |
Actual costs |
|
|
TOTAL |
|
||
Deposit payable (if search exceeds six hours):
Yes No
Hours of search |
|
Amount of deposit (calculated on one third of total amount per request) |
|
The amount must be paid into the following Bank account:
Name of bank: _____________________________________________
Name of account holder: _____________________________________________
Type of account: _____________________________________________
Account number: _____________________________________________
Branch code: _____________________________________________
Reference number: _____________________________________________
Submit proof of payment to: _____________________________________________
Signed at ____________________ on this _________________ day of _____________________ 20_______
________________________________________
Signature of Information Officer