Terms and conditions

This privacy notice for SHEQ 365 (PTY) LTD (“Company,” “we,” “us,” or “our“), describes how and why we might collect, store, use, and/or share (“process“) your information when you use our services (“Services“), such as when you:
• Visit our website at https://www.sheq365.co or any website of ours that links to this privacy notice
• Download and use our application(s), such as our mobile application — [Mobile App Name], our Facebook application — [Facebook App Name], or any other application of ours that links to this privacy notice
• Engage with us in other related ways ― including any sales, marketing, or events Questions or concerns? Reading this privacy notice will help you understand your privacy rights and choices. If you do not agree with our policies and practices, please do not use our Services. If you still have any questions or concerns, please contact us at info@sheq365.co.

SUMMARY OF KEY POINTS

This summary provides key points from our privacy notice, but you can find out more details about any of these topics by using our table of contents below to find the section you are looking for. What personal information do we process? When you visit, use, or navigate our Services, we may process personal information depending on how you interact with SHEQ 365 and the Services, the choices you make, and the products and features you use. Do we process any sensitive personal information? We may process sensitive personal information when necessary with your consent or as otherwise permitted by applicable law. Do you receive any information from third parties? We may receive information from public databases, marketing partners, social media platforms, and other outside sources. How do you process my information? We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent. We process your information only when we have a valid legal reason to do so. In what situations and with which types of parties do we share personal information? We may share information in specific situations and with specific categories of third parties. How do we keep your information safe? We have organizational and technical processes and procedures in place to protect your personal information. However, no electronic transmission over the internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information.

What are your rights? Depending on where you are located geographically, the applicable privacy law may mean you have certain rights regarding your personal information. How do I exercise my rights? The easiest way to exercise your rights is by filling out our data subject request form available here: https://www.sheq365.co/sheq365-features at the bottom of the features tab or by contacting us. We will consider and act upon any request in accordance with applicable data protection laws. Want to learn more about what SHEQ 365 does with any information we collect? Review the notice in full below.

TABLE OF CONTENTS

1. WHAT INFORMATION DO WE COLLECT?
2. HOW DO WE PROCESS YOUR INFORMATION?
3. WHAT LEGAL BASES DO WE RELY ON TO PROCESS YOUR PERSONAL INFORMATION?
4. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?
5. WHAT IS OUR STANCE ON THIRD-PARTY WEBSITES?
6. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
7. HOW DO WE HANDLE YOUR SOCIAL LOGINS?
8. IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?
9. HOW LONG DO WE KEEP YOUR INFORMATION?
10. HOW DO WE KEEP YOUR INFORMATION SAFE?
11. DO WE COLLECT INFORMATION FROM MINORS?
12. WHAT ARE YOUR PRIVACY RIGHTS?
13. CONTROLS FOR DO-NOT-TRACK FEATURES
14. DO WE MAKE UPDATES TO THIS NOTICE?
15. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?
16. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

1. WHAT INFORMATION DO WE COLLECT?

Personal information you disclose to us In Short: We collect personal information that you provide to us. We collect personal information that you voluntarily provide to us when you register for the Services, express an interest in obtaining information about us or our products and Services, when you participate in activities on the Services, or otherwise when you contact us. Personal Information Provided by You. The personal information that we collect depends on the context of your interactions with us and the Services, the choices you make, and the products and features you use. The personal information we collect may include the following:
• [Name and Surname]
• [Identification number and copies]
• [Physical Addresses]
• [Contact Details]
Sensitive Information. When necessary, with your consent or as otherwise permitted by applicable law, we process the following categories of sensitive information:
• [I.D. Numbers]
• [addresses]
• [medical fitness information]]
• [Certificates]
• [contact details]
• [banking information where applicable] Payment Data. We may collect data necessary to process your payment if you make purchases, such as your payment instrument number (such as a credit card number), and the security code associated with your payment instrument. Social Media Login Data. We may provide you with the option to register with us using your existing social media account details, like your Facebook, Twitter, or other social media account. If you choose to register in this way, we will collect the information described in the section called “HOW DO WE HANDLE YOUR SOCIAL LOGINS?” below. Application Data. If you use our application(s), we also may collect the following information if you choose to provide us with access or permission:
• Geolocation Information. We may request access or permission to track location-based information from your mobile device, either continuously or while you are using our mobile application(s), to provide certain location-based services. If you wish to change our access or permissions, you may do so in your device’s settings.
• Mobile Device Access. We may request access or permission to certain features from your mobile device, including your mobile device’s Bluetooth, calendar, camera, own, and other features. If you wish to change our access or permissions, you may do so in your device’s settings.
• Mobile Device Data. We automatically collect device information (such as your mobile device ID, model, and manufacturer), operating system, version information and system configuration information, device and application identification numbers, browser type and version, hardware model Internet service provider and/or mobile carrier, and Internet Protocol (IP) address (or proxy server). If you are using our application(s), we may also collect information about the phone network associated with your mobile device, your mobile device’s operating system or platform, the type of mobile device you use, your mobile device’s unique device ID, and information about the features of our application(s) you accessed.
• Push Notifications. We may request to send you push notifications regarding your account or certain features of the application(s). If you wish to opt out from receiving these types of communications, you may turn them off in your device’s settings. This information is primarily needed to maintain the security and operation of our application(s), for troubleshooting, and for our internal analytics and reporting purposes. All personal information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information. Information automatically collected
In Short: Some information — such as your Internet Protocol (IP) address and/or browser and device characteristics — is collected automatically when you visit our Services. We automatically collect certain information when you visit, use, or navigate the Services. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services, and other technical information. This information is primarily needed to maintain the security and operation of our Services, and for our internal analytics and reporting purposes. Like many businesses, we also collect information through cookies and similar technologies. The information we collect includes:
• Log and Usage Data. Log and usage data is service-related, diagnostic, usage, and performance information our servers automatically collect when you access or use our Services and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type, and settings and information about your activity in the Services (such as the date/time stamps associated with your usage, pages and files viewed, searches, and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called “crash dumps”), and hardware settings).
• Device Data. We collect device data such as information about your computer, phone, tablet, or other device you use to access the Services. Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model, Internet service provider and/or mobile carrier, operating system, and system configuration information.
• Location Data. We collect location data such as information about your device’s location, which can be either precise or imprecise. How much information we collect depends on the type and settings of the device you use to access the Services. For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). You can opt out of allowing us to collect this information either by refusing access to the information or by disabling your Location setting on your device. However, if you choose to opt out, you may not be able to use certain aspects of the Services. Information collected from other sources In Short: We may collect limited data from public databases, marketing partners, social media platforms, and other outside sources. In order to enhance our ability to provide relevant marketing, offers, and services to you and update our records, we may obtain information about you from other sources, such as public databases, joint marketing partners, affiliate programs, data providers, social media platforms, and from other third parties. This information includes mailing addresses, job titles, email addresses, phone numbers, intent data (or user behaviour data), Internet Protocol (IP) addresses, social media profiles, social media URLs, and custom profiles, for purposes of targeted advertising and event promotion. If you interact with us on a social media platform using your social media account (e.g., Facebook or Twitter), we receive personal information about you such as your name, email address, and gender. Any personal information that we collect from your social media account depends on your social media account’s privacy settings.

2. HOW DO WE PROCESS YOUR INFORMATION?

In Short: We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent. We process your personal information for a variety of reasons, depending on how you interact with our Services, including:
• To facilitate account creation and authentication and otherwise manage user accounts. We may process your information so you can create and log in to your account, as well as keep your account in working order.
• To deliver and facilitate delivery of services to the user. We may process your information to provide you with the requested service.
• To respond to user inquiries/offer support to users. We may process your information to respond to your inquiries and solve any potential issues you might have with the requested service.
• To send administrative information to you. We may process your information to send you details about our products and services, changes to our terms and policies, and other similar information.
• To fulfil and manage your orders. We may process your information to fulfil and manage your orders, payments, returns, and exchanges made through the Services.
• To enable user-to-user communications. We may process your information if you choose to use any of our offerings that allow for communication with another user.
• To request feedback. We may process your information when necessary to request feedback and to contact you about your use of our Services.
• To send you marketing and promotional communications. We may process the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. You can opt out of our marketing emails at any time. For more information, see “WHAT ARE YOUR PRIVACY RIGHTS?” below).
• To deliver targeted advertising to you. We may process your information to develop and display personalized content and advertising tailored to your interests, location, and more.
• To protect our Services. We may process your information as part of our efforts to keep our Services safe and secure, including fraud monitoring and prevention.
• To identify usage trends. We may process information about how you use our Services to better understand how they are being used so we can improve them.
• To determine the effectiveness of our marketing and promotional campaigns. We may process your information to better understand how to provide marketing and promotional campaigns that are most relevant to you.
• To save or protect an individual’s vital interest. We may process your information when necessary to save or protect an individual’s vital interest, such as to prevent harm.

3. WHAT LEGAL BASES DO WE RELY ON TO PROCESS YOUR INFORMATION?

In Short: We only process your personal information when we believe it is necessary and we have a valid legal reason (i.e., legal basis) to do so under applicable law, like with your consent, to comply with laws, to provide you with services to enter into or fulfil our contractual obligations, to protect your rights, or to fulfil our legitimate business interests. If you are located in the RSA, EU or UK, this section applies to you.
The General Data Protection Regulation (GDPR) and UK GDPR require us to explain the valid legal bases we rely on to process your personal information. As such, we may rely on the following legal bases to process your personal information:
• Consent. We may process your information if you have given us permission (i.e., consent) to use your personal information for a specific purpose. You can withdraw your consent at any time.
• Performance of a Contract. We may process your personal information when we believe it is necessary to fulfil our contractual obligations to you, including providing our Services or at your request prior to entering into a contract with you.
• Legitimate Interests. We may process your information when we believe it is reasonably necessary to achieve our legitimate business interests and those interests do not outweigh your interests and fundamental rights and freedoms. For example, we may process your personal information for some of the purposes described in order to:
o Send users information about special offers and discounts on our products and services
o Develop and display personalized and relevant advertising content for our users
o Analyse how our services are used so we can improve them to engage and retain users
o Support our marketing activities
o Diagnose problems and/or prevent fraudulent activities
o Understand how our users use our products and services so we can improve user experience
• Legal Obligations. We may process your information where we believe it is necessary for compliance with our legal obligations, such as to cooperate with a law enforcement body or regulatory agency, exercise or defend our legal rights, or disclose your information as evidence in litigation in which we are involved.
• Vital Interests. We may process your information where we believe it is necessary to protect your vital interests or the vital interests of a third party, such as situations involving potential threats to the safety of any person. In legal terms, we are generally the “data controller” under European data protection laws of the personal information described in this privacy notice, since we determine the means and/or purposes of the data processing we perform. This privacy notice does not apply to the personal information we process as a “data processor” on behalf of our customers. In those situations, the customer that we provide services to and with whom we have entered into a data processing agreement is the “data controller” responsible for your personal information, and we merely process your information on their behalf in accordance with your instructions. If you want to know more about our customers’ privacy practices, you should read their privacy policies and direct any questions you have to them. If you are located in Canada, this section applies to you. We may process your information if you have given us specific permission (i.e., express consent) to use your personal information for a specific purpose, or in situations where your permission can be inferred (i.e., implied consent). You can withdraw your consent at any time. In some exceptional cases, we may be legally permitted under applicable law to process your information without your consent, including, for example:
• If collection is clearly in the interests of an individual and consent cannot be obtained in a timely way
• For investigations and fraud detection and prevention
• For business transactions provided certain conditions are met
• If it is contained in a witness statement and the collection is necessary to assess, process, or settle an insurance claim
• For identifying injured, ill, or deceased persons and communicating with next of kin
• If we have reasonable grounds to believe an individual has been, is, or may be victim of financial abuse
• If it is reasonable to expect collection and use with consent would compromise the availability or the accuracy of the information and the collection is reasonable for purposes related to investigating a breach of an agreement or a contravention of the laws of Canada or a province
• If disclosure is required to comply with a subpoena, warrant, court order, or rules of the court relating to the production of records
• If it was produced by an individual in the course of their employment, business, or profession and the collection is consistent with the purposes for which the information was produced
• If the collection is solely for journalistic, artistic, or literary purposes
• If the information is publicly available and is specified by the regulations

4. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?

In Short: We may share information in specific situations described in this section and/or with the following categories of third parties. Vendors, Consultants, and Other Third-Party Service Providers. We may share your data with third-party vendors, service providers, contractors, or agents (“third parties”) who perform services for us or on our behalf and require access to such information to do that work. We have contracts in place with our third parties, which are designed to help safeguard your personal information. This means that they cannot do anything with your personal information unless we have instructed them to do it. They will also not share your personal information with any organization apart from us. They also commit to protect the data they hold on our behalf and to retain it for the period we instruct. The categories of third parties we may share personal information with are as follows:
• Ad Networks
• Affiliate Marketing Programs
• Cloud Computing Services
• Communication & Collaboration Tools
• Data Analytics Services
• Data Storage Service Providers
• Finance & Accounting Tools
• Government Entities
• Order Fulfilment Service Providers
• Payment Processors
• Performance Monitoring Tools
• Product Engineering & Design Tools
• Retargeting Platforms
• Sales & Marketing Tools
• Social Networks
• Testing Tools
• User Account Registration & Authentication Services
• Website Hosting Service Providers
We also may need to share your personal information in the following situations:
• Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
• When we use Google Maps Platform APIs. We may share your information with certain Google Maps Platform APIs (e.g., Google Maps API, Places API). We use certain Google Maps Platform APIs to retrieve certain information when you make location-specific requests. A full list of what we use information for can be found in this section and in the previous section titled “HOW DO WE PROCESS YOUR INFORMATION?”. [We obtain and store on your device (‘cache’) your location for [#] months. You may revoke your consent anytime by contacting us at the contact details provided at the end of this document. The Google Maps Platform APIs that we use store and access cookies and other information on your devices.
• Affiliates. We may share your information with our affiliates, in which case we will require those affiliates to honour this privacy notice. Affiliates include our parent company and any subsidiaries, joint venture partners, or other companies that we control or that are under common control with us.
• Business Partners. We may share your information with our business partners to offer you certain products, services, or promotions.
• Other Users. When you share personal information for example, by posting comments, contributions, or other content to the Services or otherwise interact with public areas of the Services, such personal information may be viewed by all users and may be publicly made available outside the Services in perpetuity. If you interact with other users of our Services and register for our Services through a social network (such as Facebook), your contacts on the social network will see your name, profile photo, and descriptions of your activity. Similarly, other users will be able to view descriptions of your activity, communicate with you within our Services, and view your profile.
• Offer Wall. Our application(s) may display a third-party hosted “offer wall.” Such an offer wall allows third-party advertisers to offer virtual currency, gifts, or other items to users in return for the acceptance and completion of an advertisement offer. Such an offer wall may appear in our application(s) and be displayed to you based on certain data, such as your geographic area or demographic information. When you click on an offer wall, you will be brought to an external website belonging to other persons and will leave our application(s). A unique identifier, such as your user ID, will be shared with the offer wall provider in order to prevent fraud and properly credit your account with the relevant reward.

5. WHAT IS OUR STANCE ON THIRD-PARTY WEBSITES?

In Short: We are not responsible for the safety of any information that you share with third parties that we may link to or who advertise on our Services, but are not affiliated with, our Services. The Services, including our offer wall, may link to third-party websites, online services, or mobile applications and/or contain advertisements from third parties that are not affiliated with us and which may link to other websites, services, or applications. Accordingly, we do not make any guarantee regarding any such third parties, and we will not be liable for any loss or damage caused by the use of such third-party websites, services, or applications. The inclusion of a link towards a third-party website, service, or application does not imply an endorsement by us. We cannot guarantee the safety and privacy of data you provide to any third parties. Any data collected by third parties is not covered by this privacy notice. We are not responsible for the content or privacy and security practices and policies of any third
parties, including other websites, services, or applications that may be linked to or from the Services. You should review the policies of such third parties and contact them directly to respond to your questions.

6. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

In Short: We may use cookies and other tracking technologies to collect and store your information. We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information.

7. HOW DO WE HANDLE YOUR SOCIAL LOGINS?

In Short: If you choose to register or log in to our services using a social media account, we may have access to certain information about you. Our Services offer you the ability to register and log in using your third-party social media account details (like your Facebook or Twitter logins). Where you choose to do this, we will receive certain profile information about you from your social media provider. The profile information we receive may vary depending on the social media provider concerned, but will often include your name, email address, friends list, and profile picture, as well as other information you choose to make public on such a social media platform. If you log in using Facebook, we may also request access to other permissions related to your account, such as your friends, check-ins, and likes, and you may choose to grant or deny us access to each individual permission. We will use the information we receive only for the purposes that are described in this privacy notice or that are otherwise made clear to you on the relevant Services. Please note that we do not control, and are not responsible for, other uses of your personal information by your third-party social media provider. We recommend that you review their privacy notice to understand how they collect, use and share your personal information, and how you can set your privacy preferences on their sites and apps.

8. IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?

In Short: We may transfer, store, and process your information in countries other than your own. Our servers are located in South Africa. If you are accessing our Services from outside South Africa, please be aware that your information may be transferred to, stored, and processed by us in our facilities and by those third parties with whom we may share your personal information (see “WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?” above), in [Countries where Third-Party Servers are Located], and other countries. If you are a resident in the European Economic Area (EEA) or United Kingdom (UK), then these countries may not necessarily have data protection laws or other similar laws as comprehensive as those in your country. However, we will take all necessary measures to protect your personal information in accordance with this privacy notice and applicable law.

9. HOW LONG DO WE KEEP YOUR INFORMATION?

In Short: We keep your information for as long as necessary to fulfil the purposes outlined in this privacy notice unless otherwise required by law. We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). No purpose in this notice will require us keeping your personal information for longer than [the period of time in which users have an account with us / [#] months past the termination of the user’s account / [#] months past the start of the idle period of the user’s account / other]. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

10. HOW DO WE KEEP YOUR INFORMATION SAFE?

In Short: We aim to protect your personal information through a system of organizational and technical security measures. We have implemented appropriate and reasonable technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access the Services within a secure environment.

11. DO WE COLLECT INFORMATION FROM MINORS?

In Short: We do not knowingly collect data from or market to children under 18 years of age. We do not knowingly solicit data from or market to children under 18 years of age. By using the Services, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Services. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 18, please contact us at info@sheq365.co.

12. WHAT ARE YOUR PRIVACY RIGHTS?

In Short: In some regions, such as the European Economic Area (EEA), United Kingdom (UK), and Canada, you have rights that allow you greater access to and control over your personal information. You may review, change, or terminate your account at any time. In some regions (like the RSA, EEA, UK, and Canada), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. You can make such a request by contacting us by using the contact details provided in the section “HOW CAN YOU CONTACT US ABOUT THIS NOTICE?” below. We will consider and act upon any request in accordance with applicable data protection laws. If you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: https://inforegulator.org.za. Withdrawing your consent: If we are relying on your consent to process your personal information, which may be express and/or implied consent depending on the applicable law, you have the right to withdraw your consent at any time. You can withdraw your consent at any time by contacting us by using the contact details provided in the section “HOW CAN YOU CONTACT US ABOUT THIS NOTICE?” below or updating your preferences. However, please note that this will not affect the lawfulness of the processing before its withdrawal, nor when applicable law allows, will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent. Opting out of marketing and promotional communications: You can unsubscribe from our marketing and promotional communications at any time by clicking on the unsubscribe link in the emails that we send, replying “STOP” or “UNSUBSCRIBE” to the SMS messages that we send, info@sheq365.co or by contacting us using the details provided in the section “HOW CAN YOU CONTACT US ABOUT THIS NOTICE?” below. You will then be removed from the marketing lists — however, we may still communicate with you, for example to send you service-related messages that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes. Account Information If you would at any time like to review or change the information in your account or terminate your account, you can:
• Log in to your account settings and update your user account.
• Contact us using the contact information provided. Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our legal terms and/or comply with applicable legal requirements.

Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Services. If you have questions or comments about your privacy rights, you may email us at info@sheq365.co.

13.CONTROLS FOR DO-NOT-TRACK FEATURES

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.

14. DO WE MAKE UPDATES TO THIS NOTICE?

In Short: Yes, we will update this notice as necessary to stay compliant with relevant laws. We may update this privacy notice from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.

15. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

If you have questions or comments about this notice, you may contact our Data Protection Officer (DPO), Rudie Coetzee, by email at info@sheq365.co or by post to: SHEQ 365 Rudie Coetzee 68 Hertzog Street Pierre van Ryneveld Centurion 0157

16. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your personal information, please email info@sheq365.co.

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This is the Promotion of Access to Information Manual (hereinafter referred to as “PAIA Manual”) of SHEQ 365 (Pty) Ltd (hereinafter referred to as “SHEQ 365”) prepared in accordance with Section 51 of the Promotion of Access to Information Act No 2 of 2000 (hereinafter referred to as “PAIA).
Capitalised terms used in this PAIA Manual shall have the meanings assigned to them herein, unless otherwise specified. Any capitalised terms not defined in this PAIA Manual shall be interpreted in accordance with their commonly understood meaning within the context in which they are used. Unless the context indicates otherwise, (a) singular terms shall include the plural and vice versa, (b) references to any gender shall include all genders, and (c) references to persons shall include both natural and legal persons. Headings and numbering are included for ease of reference only.

1. BACKGROUND TO PAIA
   1.1. PAIA was enacted on 3 February 2000, giving effect to the constitutional right in terms of Section 32 of the Bill of Rights contained in the Constitution of the Republic of South Africa 108 of 1996 of access to any information held by the state and any information that is held by another person and that is required for the exercise or protection of any rights.
   1.2. In terms of Section 51 of PAIA, all private bodies are obligated to compile a manual to access information held by those private bodies.
   1.3. Where a request is made in terms of PAIA, the body to whom the request is made is obliged to release the information, subject to applicable legislative and/or regulatory requirements, except where PAIA expressly provides that the information may or must not be released. PAIA sets out the relevant procedure to be adopted when requesting information from a public or a private body.
2. OVERVIEW OF SHEQ 365
   2.1. SHEQ 365 is a provider of information technology services to professionals, home and small businesses, schools, churches, and non-profit organisations.
   2.2. This PAIA Manual is available to view at SHEQ 365’s premises:
   68 Hertzog Ave,
   Pierre van Ryneveld,
   0157
   and on the SHEQ 365 website at https://www.sheq365.co/terms-and-conditions.
3. PURPOSE OF THIS PAIA MANUAL
   3.1. This PAIA Manual is intended to ensure that SHEQ 365 complies with PAIA and to foster a culture of transparency and accountability within SHEQ 365 by giving effect to the right to information that is required for the exercise or protection of any right and to 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.
   3.2. In order to promote effective governance of private bodies, it is necessary to ensure that everyone is empowered and educated to understand their rights in terms of PAIA in order for them to exercise their rights in relation to public and private bodies.
   3.3. Section 9 of PAIA recognises that the right to access information cannot be unlimited and should be subject to justifiable limitations, including, but not limited to:
   • 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.
4. CONTACT DETAILS OF THE MANAGING DIRECTOR
   Managing Director: Rudie Coetzee
   Registered Address: 68 Hertzog Ave, Pierre van Ryneveld,0157
   Postal Address: 68 Hertzog Ave, Pierre van Ryneveld,0157
   Telephone Number: 0826195838
   Website: https://www.sheq365.co
   E-mail Address: info@sheq365.co

5. THE INFORMATION OFFICER (SECTION 51(1)(8))
   5.1. PAIA prescribes the appointment of an Information Officer for public bodies, where such Information Officer is responsible for, among other things, assessing requests for access to information. The head of a private body fulfils this function in terms of Section 51. In the case of SHEQ 365, the Managing Director also serves as the Information Officer.
   5.2. The Information Officer also refers to the Information Officer as referred to in the Protection of Personal Information Act 4 of 2013 (“POPIA”). The Information Officer is responsible for managing the obligations set forth by both PAIA and POPIA’s Section 55, after registering with the Information Regulator. The officer ensures that all duties and responsibilities are properly carried out in accordance with these regulations.
   5.3. The Information Officer may appoint Assistant or Deputy Information Officers, where deemed necessary, as allowed by Section 17 of PAIA and Section 56 of POPIA. SHEQ 365 aims to be as reasonably accessible as possible to Requesters seeking its records, in order to fulfill its obligations and responsibilities as mandated by Section 55 of POPIA. All requests for information under PAIA must be directed to the Information Officer.
   5.4. Contact details of the Information Officer: Name:
   Managing Director: Rudie Coetzee
   Registered Address: 68 Hertzog Ave, Pierre van Ryneveld,0157
   Postal Address: 68 Hertzog Ave, Pierre van Ryneveld,0157
   Telephone Number: 0826195838
   Website: https://www.sheq365.co
   E-mail Address: info@sheq365.co
6. GUIDE OF THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION
   6.1. The South African Human Rights Commission has compiled a Guide as required in terms of Section 10 of PAIA (“Guide”). The Guide is designed to provide the necessary information to individuals who wish to exercise their rights under PAIA. As such, the Guide:
   6.1.1. contains information on understanding and how to use PAIA;
   6.1.2. includes:
   • the objectives of PAIA;
   • particulars of every public and private body;
   • the manner and form for requests;
   • contents of the Regulations promulgated under PAIA.
   6.1.3. will be updated and published every two years.
   6.2. The Guide is available in all the official languages of the Republic of South Africa.
   6.3. Any enquiries regarding this Guide should be directed to: The South African Human Rights Commission
   PAIA Unit (The Research and Documentation Department) Private Bag X2700 Houghton 2041
   Telephone Number: 011 877 3803
   Fax Number: 011 403 0625
   Website: https://www.sahrc.org.za
   E-mail Address: section51.paia@sahrc.org.za
   6.4. The Guide is available for inspection at the offices of the Human Rights Commission at 29 Princess of Wales Terrace, corner York and St. Andrews Street, Parktown and on its website at https://www.sarhc.org.za/.
   (Please note: Section 6 applies to the Guide, not this PAIA Manual).
7. LATEST NOTICE (SECTION 52(2))
   7.1. At this time, no notice(s) has/have been published on the categories of records that are automatically available without a person having to request access in terms of PAIA.
8. RECORDS AVAILABLE UPON REQUEST TO ACCESS IN TERMS OF PAIA (SECTION 51(1)(0))
   8.1. Records held by SHEQ 365
   For the purposes of this clause, “Personnel” refers to any person who is employed by or provides services on behalf of SHEQ 365 and receives or is entitled to receive remuneration and any other person who assists in carrying out or conducting the business of SHEQ 365. This includes but is not limited to directors (executive and non- executive), all permanent, temporary, and part-time staff, as well as contract workers.
   8.1.1. Personnel records
   • Personal records provided by Personnel.
   • Records provided by a third party relating to Personnel.
   • Conditions of employment and other Personnel-related contractual and quasi-legal records.
   • Internal evaluation records and other internal records.
   • Correspondence relating to Personnel.
   • Training schedules and material.
   8.1.2. Customer related records
   For purposes of this clause, “Customer” refers to any natural or legal person that purchases products and services from SHEQ 365.
   • Records provided by a Customer to a third party acting for or on behalf of SHEQ 365.
   • Records provided by a third party.
   • Records generated by or within SHEQ 365 relating to its Customers, including transactional records.
   8.1.3. Private body records
   • Financial records.
   • Operational records.
   • Databases.
   • Information Technology.
   • Marketing records.
   8.1.4. Internal correspondence
   • Product and service records.
   • Statutory records.
   • Internal Policies and Procedures.
   • Records held by officials.
   8.1.5. Third party records
   • Personnel, Customer, or Private body records which are held by a third party, as opposed to the records held by SHEQ 365 itself.
   • Records held by SHEQ 365 pertaining to other parties, including but not limited to financial records, correspondence, contractual records, records provided by the other party, and records third parties have provided about the contractors/suppliers.
   • SHEQ 365 may possess records pertaining to other parties, including but not limited to contractors, suppliers, subsidiary/holding/sister companies, joint venture companies, and service providers. It is possible that other parties may hold records that can be considered the property of SHEQ 365.
   8.2. Please note that the accessibility of the records may be subject to the grounds of refusal set out in this PAIA Manual. Among other things, records deemed confidential on the part of a third party will require permission from the third party concerned, in addition to normal requirements, before SHEQ 365 will consider granting access.
9. RECORDS AVAILABLE WITHOUT A REQUEST TO ACCESS IN TERMS OF PAIA
   9.1. Records of a public nature, typically those disclosed on the SHEQ 365 website and in its various annual reports, may be accessed without the need to submit a formal application.
   9.2. Other non-confidential records, such as statutory records maintained at the Companies and Intellectual Property Commission (CIPC), may also be accessed without the need to submit a formal application. However, please note that an appointment to view such records will still have to be made with the Information Officer.
10. RECORDS AVAILABLE IN TERMS OF OTHER LEGISLATION
    10.1. Where applicable to its operations, SHEQ 365 keeps records and documents in accordance with the legislation listed below.
    10.2. Unless disclosure is prohibited by legislation, regulations, contractual agreement or otherwise, records that are required to be made available in terms of these acts will be made available for inspection by interested parties in accordance with the requirements and conditions of PAIA; the below-mentioned legislation; and applicable internal policies and procedures if such interested parties are entitled to such information. A request for access must be made in accordance with the prescriptions of PAIA.
    Applicable legislation:
    • Attorneys Act No. 53 of 1979;
    • Basic Conditions of Employment Act No. 75 of 1997;
    • Broad-Based Black Economic Empowerment Act, 2003;
    • Business Act No. 71 of 1991;
    • Companies Act No. 71 of 2008;
    • Compensation of Occupational Injuries and Diseases Act No. 130 of 1993;
    • Competition Act. No. 71 of 2008;
    • Constitution of the Republic of South Africa 2008;
    • Copyright Act No. 98 of 1978;
    • Customs and Excise Act No. 91 of 1964;
    • Debt Collectors’ Act No. 114 of 1998;
    • Designs Act No. 195 of 1993;
    • Electronic Communications Act No. 36 of 2005;
    • Electronic Communications and Transaction Act No. 25 of 2002;
    • Employment Equity Act No. 55 of 1998;
    • Financial Intelligence Centre Act No 38 of 2001;
    • Identification Act No.68 of 1997;
    • Income Tax Act No. 58 of 1962;
    • Intellectual Property Laws Amendment Act 38 of 1997;
    • Labour Relations Act No. 66 of 1995;
    • Machinery and Occupational Safety Act No. 6 of 1983;
    • National Credit Act No. 34 of 2005;
    • National Road Traffic Act 93 of 1996;
    • National Environmental Management Act No 107 of 1998;
    • Occupational Health and Safety Act No. 85 of 1993;
    • Patents Act No. 57 of 1978;
    • Pension Funds Act No. 24 of 1956;
    • Prescription Act No. 68 of 1969;
    • Prevention of Organised Crime Act No. 121 of 1998;
    • Promotion of Access to Information Act No. 2 of 2000;
    • Protection of Personal Information Act No. 4 of 2013;
    • Road Transportation Act. No. 74 of 1977;
    • Skills Development Levies Act No. 9 of 1999;
    • Tax Administration Act No. 28 of 2011;
    • Trademarks Act No. 194 of 1993;
    • Unemployment Contributions Act 63 of 2001;
    • Unemployment Insurance Act No. 30 of 1966;
    • Value Added Tax Act 89 of 1991.
    10.2 It is further recorded that the accessibility of documents and records may be subject to the grounds of refusal set out in this PAIA Manual.
11. REQUEST PROCEDURE
    11.1. The person making the request (“Requester”) must comply with all the procedural requirements contained in PAIA relating to the request for access to a record.
    11.2. The Requester must complete the prescribed form enclosed herewith and submit same as well as payment of a request fee and a deposit (if applicable) to the Information Officer or the Deputy Information Officer at the postal or physical address or e-mail address noted herein.
    11.3. The prescribed from must be filled in with sufficient information to enable the Information Officer to identify:
    11.3.1. the record or records requested; and
    11.3.2. the identity of the Requester;
    11.4. The Requester should indicate which form of access is required and specify a postal address and other contact information in the Republic of South Africa.
    11.5. The Requester must state that they require the information to exercise or protect a right, and clearly state what the nature of the right is so to be exercised or protected.
    11.6. The Requester must clearly specify why the record is necessary to exercise or protect such a right (Section 53(2)(d)).
    11.7. SHEQ 365 will process the request within thirty (30) days, unless the Requester has stated special reasons to the satisfaction of the Information Officer that circumstances dictate that the above time periods are not complied with.
    11.8. The Requester will be advised whether access is granted or denied in writing. If the Requester wishes to receive the reasons for the decision in a specific manner, they must specify the desired method and provide any necessary details.
    11.9. If a request is made on behalf of another person, then the Requester must submit proof of their capacity in which they are making the request to the reasonable satisfaction of the Information Officer (Section 53(2)(f)).
    11.10. If a person is unable to complete the prescribed form due to illiteracy or disability, such person may make an oral request which shall be reduced to writing by SHEQ 365.
    11.11. The Requester must pay the prescribed fee before any further processing can take place.
    11.12. All information as listed in Clause 11 herein should be provided and failing which the process will be delayed until the required information is provided. The time periods prescribed by law will not begin until the Requester has provided all necessary and required information. If possible, the Information Officer will separate the requested record and grant access only to the portion that is not prohibited from disclosure.
12. REFUSAL OF ACCESS TO RECORDS
    12.1. A private body such as SHEQ 365 is entitled to refuse a request for information.
    12.1.1. The main grounds for SHEQ 365 to refuse a request for information relates to:
    • mandatory protection of the privacy of a third party who is a natural person or a deceased person (Section 63) or a legal person, as included in POPIA, which would involve the unreasonable disclosure of personal information of that natural or legal person;
    • mandatory protection of personal information and for disclosure of any personal information to, in addition to any other legislative, regulatory or contractual agreements, comply with the provisions of the POPIA;
    • mandatory protection of the commercial information of a third party (Section 64), if the record contains:
    (a) trade secrets of the third party;
    (b) financial, commercial, scientific, or technical information that could potentially harm the financial or commercial interests of the third party;
    (c) information disclosed in confidence by a third party to SHEQ 365 if the disclosure could put the third party at a disadvantage in negotiations or commercial competition.
    • mandatory protection of confidential information of third parties (Section 65) if it is protected in terms of any agreement;
    • mandatory protection of the safety of individuals and the protection of property (Section 66);
    • mandatory protection of records which would be regarded as privileged in legal proceedings (Section 67).
    • commercial activities (Section 68) of a private body, including SHEQ 365, which may include:
    (a) trade secrets of the private body;
    (b) financial, commercial, scientific, or technical information, the disclosure of which could potentially harm the financial or commercial interests of the private body;
    (c) information which, if disclosed, could put the private body at a disadvantage in negotiations or commercial competition.
    (d) a computer program and other intellectual property which is owned by SHEQ 365, and which is protected by copyright.
    (e) the research information (Section 69) of SHEQ 365 or a third party, if its disclosure would disclose the identity of SHEQ 365, the researcher or the subject matter of the research and would place the research at a serious disadvantage.
    • requests for information that are deemed to be frivolous or vexatious, or that would require an unreasonable diversion of resources.
    12.1.2. All requests for information will be assessed on their own merits and in accordance with the applicable legal principles and legislation.
    12.1.3. If a requested record cannot be found or if the record does not exist, the Information Officer will, by way of an affidavit or affirmation, notify the Requester that it is not possible to give access to the requested record. Such a notice will be regarded as a decision to refuse a request for access to the record concerned for the purpose of PAIA. If the record should later be found, the Requester will be given access to the record in the manner stipulated by the Requester in the prescribed form unless the Information Officer refuses access to such record. Remedies Available when SHEQ 365.
13. REFUSES A REQUEST
    13.1. Internal Remedies
    13.1.1. SHEQ 365 does not have internal appeal procedures. The decision made by the Information Officer is final.
    13.1.2. If a request for information is denied and the Requester is not satisfied with the response provided by the Information Officer, the Requester may pursue external remedies that are available to them.
    13.2. External remedies
    13.2.1. A Requester that is dissatisfied with the Information Officer’s refusal to disclose information may within thirty (30) days of notification of the decision apply to a Court for relief.
    13.2.2. A third party dissatisfied with the Information Officer’s decision to grant a request for information may within thirty (30) days of notification of the decision apply to a Court for relief.
    13.2.3. For purposes of PAIA, the Courts that have jurisdiction over these applications are the Constitutional Court, the High Court or another court of similar status and a Magistrate’s Court designated by the Minister of Justice and Constitutional Development, and which is presided over by a designated Magistrate.
14. ACCESS TO RECORDS HELD BY SHEQ 365 – PREREQUISITES
    14.1. Records held by SHEQ 365 may be accessed by Requesters only once the prerequisite requirements for access have been met.
    14.2. There are two types of Requesters:
    14.2.1. Personal Requester
    • A personal Requester is a person making a request who is seeking access to a record containing personal information about themselves.
    • SHEQ 365 will voluntarily provide the requested information or give access to any record with regard to the personal Requester’s personal information. The prescribed fee for reproduction of the information requested will be charged.
    14.2.2. Other Requester
    • This Requester is entitled to request access to information on third parties.
    • In considering such a request, SHEQ 365 will adhere to the provisions of the Act. Section 71 requires that the Information Officer take all reasonable steps to inform a third party to whom the requested record relates of the request, informing them that they may make a written or oral representation to the Information Officer why the request should be refused or, where required, give written consent for the disclosure of the Information.
15. FEES PROVIDED FOR BY PAIA
    15.1. PAIA provides for two types of fees, namely:
    15.1.1. A Request Fee (refer to Clause 16.1), which is an administration fee paid by all persons making requests except personal Requesters before the request is considered and is not refundable; and
    15.1.2. An Access Fee (refer to Clause 16.2), which is paid by all Requesters in the event that a request for access is granted and includes costs involved in obtaining and preparing a record for delivery to the Requester.
    15.2. When SHEQ 365 receives a request from someone other than a personal Requester, they require them to pay the prescribed request fee before further processing their request (Section 54(1)).
    15.3. If preparing a record for disclosure requires more than thirty (30) hours prescribed in regulations for this purpose, SHEQ 365 notifies them to pay as a deposit the prescribed portion of the access fee which would be payable if their request were granted.
    15.4. SHEQ 365 will withhold the record until the Requester has paid all fees due.
    15.5. A Requester whose request has been granted must pay an access fee calculated to include where applicable, reproduction and search fees and any time reasonably required in excess of thirty (30) hours to search for and prepare records for disclosure, including to arrange to make them available in the requested form.
    15.6. If they refuse their request for access after they have paid a deposit, SHEQ 365 must repay it.
16. FEES
    16.1. Request Fees
    16.1.1. Where a Requester submits a request for access to information held by an institution on a person other than the Requester themselves, a request fee in the amount of R50 is payable up-front before SHEQ 365 will further process the request received.
    16.2. Access Fees
    16.2.1. An access fee is payable in all instances where a request for access to information is granted except in those instances where payment of an access fee is specially excluded in terms of PAIA, or the Minister determines an exclusion in terms of Section 54(8).
    16.2.2. The applicable access fees which will be payable are:
    • Information in an A4 size page photocopy or part thereof – R1.10
    • A printed copy of an A4-size page or part thereof – R0.75
    • A copy in computer-readable format, e.g., flash drive or CD/DVD – R75
    • A transcription of visual images, in an A4-size page or part thereof – R40
    • A copy of visual images – R60
    • A transcription of an audio record for an A4-size page or part thereof – R20
    • A copy of an audio record – R75
    • A search for a record that must be disclosed – R50 per hour or part of an hour reasonably required for such search
    • Where a copy of a record needs to be posted – the postal fee is payable.
    16.3. Deposits
    16.3.1. Where SHEQ 365 receives a request for access to information held on a person other than the Requester themselves and the Information Officer upon receipt of the request is of the opinion that the preparation of the required record of disclosure will take more than six (6) hours, a deposit is payable by the Requester.
    16.3.2. The amount of the deposit is equal to one third (1/3) of the amount of the applicable access fee.
    16.4. Collection Fees
    16.4.1. The initial “request fee” of R50 should be deposited into the bank account below and a copy of the deposit slip, application form and other correspondence/documents forwarded to the Information Officer via e-mail.
    16.4.2. The officer will collect the initial “request fee” of applications received directly by the Information Officer via e-mail. 16.5.3 All fees must be deposited into the following bank account:
    Bank: First National Bank
    Account Name: SHEQ 365
    Account Type: Cheque
    Account Number: 62821986124 Branch Code: 255355
    16.5. All fees are subject to change as allowed for in PAIA and therefore such escalations may not always be immediately available at the time of the request being made. Requesters shall be informed of any changes in the fees prior to making a payment.
17. DECISION
    17.1. Upon receiving the request, SHEQ 365 will decide to either approve or reject it within a period of thirty (30) days. SHEQ 365 will then provide notification of its decision, along with any necessary explanations.
    17.2. The thirty (30) day period within which SHEQ 365 has to decide whether to grant or refuse the request may be extended for a further period of not more than thirty (30) days if the request is for a large number of information or the request requires a search for information held at another office of SHEQ 365 and the information cannot reasonably be obtained within the original thirty (30) day period.
    17.3. SHEQ 365 will notify the Requester in writing should an extension be sought.
18. AVAILABILITY AND UPDATING OF THE PAIA MANUAL UNDER REGULATION NUMBER R.187 of 15 FEBRUARY 2002
    18.1. This PAIA Manual is made available in terms of Regulation Number R.187 of 15 February 2002.
19. SHEQ 365 WILL UPDATE THIS PAIA MANUAL AT SUCH INTERVALS AS MAY BE DEEMED NECESSARY.
    19.1. This PAIA Manual is available to view at SHEQ 365’s premises:
    68 Hertzog Ave,
    Pierre van Ryneveld,
    0157
    and on the SHEQ 365 website at https://www.sheq365.co/terms-and-conditions
20. PRESCRIBED FORM C – REQUEST FOR ACCESS TO RECORD OF PRIVATE BODY
    19.1. The prescribed form may be obtained from the Information Officer, or can be downloaded from https://hellopaisa.co.za/policies/J752_PAIA_Form_C.pdf

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