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Big Save PAIA Manual

PROMOTION OF ACCESS TO INFORMATION ACT MANUAL

Prepared in accordance with:
Promotion of Access to Information Act 2 of 2000 (“PAIA”);
Protection of Personal Information Act 4 of 2013 (“POPIA”);
Regulations issued under PAIA and POPIA; and
applicable guidance issued by the Information Regulator.

For:
BIG SAVE GROUP
Applicable to:
Big Save Holdings (Pty) Ltd;
Big Save Liquor Holdings (Pty) Ltd;
Big Save Grocery Holdings (Pty) Ltd;
New Beginnings MS (Pty) Ltd;
and all subsidiaries, affiliates and controlled entities forming part of the Big Save Group from time to time.

1. PURPOSE OF THIS MANUAL

  1. This Manual is prepared in accordance with section 51 of the Promotion of Access to Information Act 2 of 2000 (“PAIA”), as amended from time to time.
  2. The purpose of this Manual is to:
    1. provide information regarding the records held by the Big Save Group;
    2. explain how persons may request access to records held by the Big Save Group in accordance with PAIA;
    3. describe the manner in which personal information is processed by the Big Save Group in accordance with the Protection of Personal Information Act 4 of 2013 (“POPIA”);
    4. provide information regarding the rights of Data Subjects in relation to their Personal Information;
    5. promote transparency, accountability and lawful information governance within the Big Save Group; and
    6. provide contact details of the Information Officer responsible for PAIA and POPIA compliance.
  3. This Manual must be read together with the Big Save Group Privacy Notice, Data Protection Policies and any related information governance policies adopted by the Big Save Group from time to time.

2. SCOPE AND APPLICATION

  1. This Manual applies to:
    1. Big Save Holdings (Pty) Ltd;
    2. its subsidiaries;
    3. its affiliated entities;
    4. any entity directly or indirectly controlled by the Big Save Group; and
    5. any successor entity carrying on substantially the same business activities, collectively referred to in this Manual as the “Big Save Group”.
  2. References in this Manual to “Big Save”, “we”, “us” or “our” shall, unless inconsistent with the context, mean the Big Save Group.
  3. This Manual applies to all records held by the Big Save Group, whether in physical, electronic, cloud-based, audio, visual or any other format.

3. AVAILABILITY OF THIS MANUAL

  1. This Manual is available:
    1. on the Big Save Group website(s);
    2. upon request from the Information Officer;
    3. at the principal place of business of the Big Save Group where required by Applicable Laws; and
    4. through any other lawful means prescribed by PAIA or the Information Regulator.
  2. This Manual shall be reviewed and updated periodically to reflect legislative amendments, regulatory guidance, operational changes and information governance requirements.
  3. The latest version of this Manual shall prevail over any earlier version.

4. INFORMATION OFFICER DETAILS

  1. The Information Officer of the Big Save Group is:
    Tony Ferreira
    Chief Executive Officer
    Information Officer
    Email: contactus@bigsave.co.za
    Telephone: 012 111 7778
    Physical Address: 313 Zasm Street, Waltloo, Pretoria
  2. The Information Officer is responsible for:
    1. promoting compliance with PAIA and POPIA;
    2. managing requests for access to records;
    3. overseeing the processing of Personal Information;
    4. handling complaints and enquiries relating to Personal Information;
    5. liaising with the Information Regulator; and
    6. performing such other functions as may be prescribed by Applicable Laws.

5. DEPUTY INFORMATION OFFICER

  1. The Deputy Information Officer of the Big Save Group is:
    Kerri Lind
    Deputy Information Officer
    Email: contactus@bigsave.co.za
    Telephone: 012 111 7778
    Physical Address: 313 Zasm Street, Waltloo, Pretoria
  2. The Deputy Information Officer shall assist the Information Officer in carrying out the responsibilities imposed under PAIA and POPIA and may perform such delegated functions as are authorised by the Information Officer and Applicable Laws.
  3. Requests, complaints and enquiries may be directed to either the Information Officer or the Deputy Information Officer.

6. GUIDE ON ACCESS TO INFORMATION

  1. The Information Regulator has, in terms of section 10 of PAIA, compiled and made available a guide on how to exercise rights under PAIA.
  2. The guide contains information to assist persons wishing to exercise rights in terms of PAIA and includes information regarding:
    1. the objects and purpose of PAIA;
    2. the manner and form of requests for access to records;
    3. the assistance available from the Information Regulator;
    4. the remedies available in respect of acts or failures to act under PAIA;
    5. the fees payable in relation to requests for access to records; and
    6. any other information prescribed from time to time.
  3. The guide is available from the Information Regulator and may be obtained through the Information Regulator’s website or contact channels as amended from time to time.

7. CONTACT DETAILS OF THE INFORMATION REGULATOR

  1. The Information Regulator is the statutory body responsible for monitoring and enforcing compliance with PAIA and POPIA.
  2. Persons requiring further information regarding PAIA or POPIA may contact the Information Regulator directly.
  3. The current contact details of the Information Regulator are available on its official website.
  4. At the date of publication of this Manual, the Information Regulator may be contacted through:
    Website: https://www.justice.gov.za/inforeg
    General Enquiries Email: enquiries@inforegulator.org.za
    Complaints Email: complaints.IR@justice.gov.za
    PAIA Email: PAIAComplaints@inforegulator.org.za
    POPIA Email: POPIAComplaints@inforegulator.org.za
    Physical Address: JD House, 27 Stiemens Street, Braamfontein, Johannesburg, South Africa
  5. The Information Regulator’s contact details may change from time to time and persons are encouraged to verify the latest details directly from the Information Regulator.

8. PROCESSING OF PERSONAL INFORMATION

  1. The Big Save Group processes Personal Information in the ordinary course of its business and in accordance with POPIA and other Applicable Laws.
  2. Personal Information is processed only where a lawful basis for processing exists, including where:
    1. consent has been obtained
    2. processing is necessary for the conclusion or performance of a contract;
    3. processing is required by law;
    4. processing protects a legitimate interest of the Data Subject; or
    5. processing is otherwise authorised by Applicable Laws.
  3. Detailed information regarding the processing of Personal Information is contained in the Big Save Group Privacy Notice, as amended from time to time. The current Big Save Group Privacy Notice is available at: https://bigsave.co.za/big-save-privacy-notice/.

9. CATEGORIES OF DATA SUBJECTS

The Big Save Group may process Personal Information relating to:

  1. customers and prospective customers;
  2. loyalty programme members;
  3. registered users of websites, mobile applications and digital platforms;
  4. suppliers, service providers and contractors;
  5. employees and prospective employees;
  6. directors, shareholders and business partners;
  7. visitors to premises operated by the Big Save Group;
  8. credit applicants, guarantors and sureties;
  9. competition entrants and marketing participants; and
  10. any other person whose Personal Information is lawfully processed by the Big Save Group.

10. CATEGORIES OF PERSONAL INFORMATION

Depending on the nature of the relationship with the Big Save Group, the following categories of Personal Information may be processed:

  1. identification and contact information;
  2. demographic information;
  3. customer account information;
  4. transaction and purchase information;
  5. payment and financial information;
  6. employment and recruitment information;
  7. supplier and contractor information;
  8. credit, risk and compliance information;
  9. electronic communications and digital platform information;
  10. CCTV, access control and security information;
  11. marketing and loyalty programme information; and
  12. any other Personal Information lawfully processed by the Big Save Group.
  13. Further information regarding the categories of Personal Information processed by the Big Save Group is contained in the applicable Privacy Notice.

11. PURPOSE OF PROCESSING

  1. The Big Save Group processes Personal Information for purposes that are lawful, reasonable and necessary to conduct its business operations and comply with Applicable Laws.
  2. Depending on the nature of the relationship with the Data Subject, Personal Information may be processed for purposes including:
    1. customer account management, sales, order fulfilment, delivery and service provision;
    2. operation of retail, wholesale, distribution, e-commerce, loyalty, digital platform and related business activities;
    3. credit applications, account administration, risk assessment, debt recovery and credit management activities;
    4. supplier, contractor and service provider management;
    5. employment, recruitment, payroll, training and human resource administration;
    6. governance, legal, compliance, risk management and internal reporting activities;
    7. financial administration, accounting, auditing and taxation requirements;
    8. security, access control, fraud prevention, incident management and business continuity purposes;
    9. compliance with legal, regulatory, licensing, governance, risk management and contractual obligations; and
    10. any other lawful purpose related to the activities of the Big Save Group.
  3. Further information regarding the purposes of processing Personal Information is contained in the applicable Big Save Group Privacy Notice.

12. CATEGORIES OF RECIPIENTS OF PERSONAL INFORMATION

  1. Personal Information may be disclosed to, shared with or processed by authorised recipients where necessary for the purposes described in this Manual or as otherwise permitted by Applicable Laws.
  2. Such recipients may include:
    1. members of the Big Save Group;
    2. regulatory authorities, government departments and statutory bodies;
    3. auditors, attorneys, consultants and other professional advisors;
    4. financial institutions, insurers and payment service providers;
    5. service providers, technology providers and cloud service providers;
    6. logistics providers, couriers and distribution partners;
    7. debt collection agencies, credit bureaus and credit service providers where applicable;
    8. business partners, suppliers and contractors; and
    9. any other person or entity where disclosure is required or authorised by Applicable Laws.

13. CROSS-BORDER TRANSFERS OF PERSONAL INFORMATION

  1. The Big Save Group may transfer Personal Information outside the Republic of South Africa where necessary for business operations, service delivery, technology platforms, cloud services, group operations or other lawful purposes.
  2. Where Personal Information is transferred internationally, the Big Save Group shall take reasonably practicable steps to ensure that appropriate safeguards are implemented in accordance with POPIA.
  3. Further information regarding international transfers of Personal Information is contained in the applicable Big Save Group Privacy Notice.

14. SECURITY SAFEGUARDS

  1. The Big Save Group implements appropriate technical, organisational and physical safeguards designed to protect Personal Information against loss, misuse, unauthorised access, disclosure, alteration or destruction.
  2. Such safeguards may include information security controls, access management measures, physical security measures, monitoring systems, cybersecurity controls, contractual safeguards and governance processes appropriate to the nature of the Personal Information processed.
  3. The Big Save Group continually reviews and updates its security measures having regard to legal requirements, technological developments, operational risks and industry practices.
  4. Additional information regarding security safeguards is contained in the applicable Big Save Group Privacy Notice and internal information governance policies.

15. DATA SUBJECT RIGHTS

  1. Data Subjects may exercise rights available to them under POPIA and other Applicable Laws.
  2. Such rights may include the right to:
    1. request access to Personal Information;
    2. request correction, updating or deletion of Personal Information;
    3. object to certain processing activities;
    4. withdraw consent where processing is based on consent;
    5. lodge a complaint with the Information Regulator; and
    6. exercise any other rights available under Applicable Laws.
  3. Requests relating to Personal Information should be directed to the Information Officer.
  4. Further information regarding Data Subject rights and applicable procedures is contained in the Big Save Group Privacy Notice. The current Big Save Group Privacy Notice is available at: https://bigsave.co.za/big-save-privacy-notice/.

16. RECORDS AVAILABLE IN TERMS OF OTHER LEGISLATION

  1. Records are created, maintained and retained by the Big Save Group in accordance with, amongst others, the following legislation, as amended from time to time:

Corporate and Commercial Legislation

    1. Companies Act 71 of 2008;
    2. Close Corporations Act 69 of 1984 (where applicable);
    3. Electronic Communications and Transactions Act 25 of 2002;
    4. Consumer Protection Act 68 of 2008;
    5. Competition Act 89 of 1998;
    6. Protection of Personal Information Act 4 of 2013;
    7. Promotion of Access to Information Act 2 of 2000;

Financial, Tax and Credit Legislation

    1. Income Tax Act 58 of 1962;
    2. Value-Added Tax Act 89 of 1991;
    3. 16.1.10.Tax Administration Act 28 of 2011;
    4. 16.1.11.National Credit Act 34 of 2005 (where applicable);
    5. 16.1.12.Financial Intelligence Centre Act 38 of 2001 (where applicable);

Employment and Labour Legislation

    1. 16.1.13.Basic Conditions of Employment Act 75 of 1997;
    2. 16.1.14.Labour Relations Act 66 of 1995;
    3. 16.1.15.Employment Equity Act 55 of 1998;
    4. 16.1.16.Skills Development Act 97 of 1998;
    5. 16.1.17.Skills Development Levies Act 9 of 1999;
    6. 16.1.18.Unemployment Insurance Act 63 of 2001;
    7. 16.1.19.Unemployment Insurance Contributions Act 4 of 2002;
    8. 16.1.20.Compensation for Occupational Injuries and Diseases Act 130 of 1993;
    9. 16.1.21.Occupational Health and Safety Act 85 of 1993;

Industry, Licensing and Operational Legislation

    1. 16.1.22.National Liquor Act 59 of 2003;
    2. 16.1.23.Applicable Provincial Liquor Legislation;
    3. 16.1.24.Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972;
    4. 16.1.25.Consumer Goods and Services Ombud Scheme Rules (where applicable);

Intellectual Property and Technology Legislation

    1. 16.1.26.Copyright Act 98 of 1978;
    2. 16.1.27.Trade Marks Act 194 of 1993;
    3. 16.1.28.Cybercrimes Act 19 of 2020;

General Legislation

    1. 16.1.29.Pension Funds Act 24 of 1956 (where applicable);
    2. 16.1.30.Medical Schemes Act 131 of 1998 (where applicable);
    3. 16.1.31.Any other legislation in terms of which the Big Save Group is required to create, maintain, process, retain or disclose records.
  2. The inclusion of any legislation in this clause does not constitute an admission that a particular record exists or is automatically available, but indicates that records may be maintained pursuant to such legislation.

17. RECORDS AUTOMATICALLY AVAILABLE

  1. Certain records may be made available by the Big Save Group without the need for a formal PAIA request, subject to operational requirements and Applicable Laws.
  2. Such records may include:
    1. information published on the Big Save Group website(s);
    2. promotional and marketing material;
    3. publicly available corporate information;
    4. publicly available product information; and
    5. any other records that the Big Save Group elects to make publicly available from time to time.
  3. The Big Save Group reserves the right to determine which records are made available without formal request procedures.
  4. The inclusion of a category of records in this clause does not oblige the Big Save Group to make any specific record available where disclosure is restricted by Applicable Laws.

18. CATEGORIES OF RECORDS HELD BY THE BIG SAVE GROUP

The Big Save Group maintains records in physical, electronic, cloud-based, audio, visual and other formats. Categories of records held may include, without limitation:

  1. CORPORATE GOVERNANCE AND STATUTORY RECORDS
    1. Memoranda of Incorporation;
    2. share registers;
    3. director and shareholder records;
    4. board and committee minutes;
    5. resolutions;
    6. statutory registers;
    7. powers of attorney;
    8. governance policies and frameworks;
    9. compliance reports; and
    10. 18.1.10.regulatory submissions.
  1. FINANCIAL, ACCOUNTING AND TAX RECORDS
    1. annual financial statements;
    2. management accounts;
    3. accounting records;
    4. banking records;
    5. tax records;
    6. audit records;
    7. budgets and forecasts;
    8. asset registers;
    9. insurance records; and
    10. 18.2.10.financing and loan records.
  1. HUMAN RESOURCES AND EMPLOYMENT RECORDS
    1. employment contracts;
    2. personnel records;
    3. payroll records;
    4. leave records;
    5. disciplinary records;
    6. incapacity and grievance records;
    7. recruitment records;
    8. training records;
    9. employment equity records;
    10. 18.3.10.health and safety records; and
    11. 18.3.11.employee benefit records.
  1. CUSTOMER, SALES AND CREDIT RECORDS
    1. customer account records;
    2. customer agreements;
    3. credit applications;
    4. suretyships;
    5. acknowledgements of debt;
    6. quotations;
    7. invoices;
    8. statements;
    9. payment records;
    10. 18.4.10.debt collection records; 
    11. 18.4.11.customer communications; and
    12. 18.4.12.loyalty programme and customer rewards records.
  1. SUPPLIER, PROCUREMENT AND CONTRACTOR RECORDS
    1. supplier onboarding records;
    2. supplier agreements;
    3. procurement records;
    4. tender and quotation records;
    5. contractor records;
    6. service provider records;
    7. due diligence records; and
    8. supplier compliance records.
  1. OPERATIONAL, STORE AND DISTRIBUTION RECORDS
    1. inventory records;
    2. stock records;
    3. pricing records;
    4. store operational records;
    5. distribution records;
    6. warehouse records;
    7. fleet and logistics records;
    8. delivery records;
    9. product recall records; and
    10. 18.6.10.quality control records.
  1. DIGITAL, TECHNOLOGY AND SECURITY RECORDS
    1. website records;
    2. mobile application records;
    3. digital platform records;
    4. system logs;
    5. cybersecurity records;
    6. access control records;
    7. CCTV records;
    8. electronic communications;
    9. software licence records; and
    10. 18.7.10.information security records;
    11. 18.7.11.artificial intelligence, automation and data analytics records.
  1. MARKETING, LOYALTY AND CUSTOMER ENGAGEMENT RECORDS
    1. loyalty programme records;
    2. customer preference records;
    3. competition records;
    4. promotional campaign records;
    5. customer feedback records;
    6. survey records;
    7. direct marketing records; and
    8. customer engagement records.
  1. LEGAL, RISK AND COMPLIANCE RECORDS
    1. litigation records;
    2. arbitration and mediation records;
    3. legal opinions;
    4. insurance claims;
    5. intellectual property records;
    6. compliance records;
    7. risk management records;
    8. incident investigation records;
    9. regulatory correspondence; and
    10. records relating to legal proceedings and disputes.
  1. THE ABOVE LIST IS NOT EXHAUSTIVE
    1. The Big Save Group may create, receive, process, maintain or retain additional records in the ordinary course of business.
    2. The inclusion of a category of records in this Manual does not mean that a requester will automatically be granted access to such records.
    3. The inclusion of a category of records in this Manual does not constitute an admission that such records are publicly available, automatically accessible or exempt from any applicable grounds for refusal under PAIA.

19. REQUEST PROCEDURE

  1. Requests for access to records held by the Big Save Group must be submitted in accordance with PAIA and the applicable Regulations.
  2. Requests must be made using the prescribed request form published by the Information Regulator from time to time.
  3. A requester must provide sufficient information to enable the Big Save Group to:
    1. identify the requester;
    2. identify the record requested;
    3. determine the right sought to be exercised or protected; and
    4. assess the request in accordance with PAIA.
  4. Where a request is made on behalf of another person, the requester must provide proof of authority to act on behalf of such person.
  5. Requests should be submitted to the Information Officer using the contact details contained in this Manual.
  6. Submission of a request does not automatically entitle a requester to access the requested record.
  7. Each request shall be considered in accordance with PAIA, POPIA and Applicable Laws.

20. FEES

  1. Fees relating to requests for access to records shall be those prescribed from time to time under PAIA and the applicable Regulations.
  2. Such fees may include:
    1. request fees;
    2. access fees;
    3. reproduction fees;
    4. search and preparation fees; and
    5. deposits,
      where applicable and permitted by PAIA.
  3. The latest prescribed fees are available from:
      1. the Information Regulator; or
      2. the Information Officer upon request.
  4. No fee shall be charged where PAIA or Applicable Laws prohibit the charging of such fee.

21. GROUNDS FOR REFUSAL OF ACCESS TO RECORDS

  1. Access to records may be refused where permitted or required by PAIA.
  2. Grounds for refusal may include, without limitation:
    1. protection of the Personal Information of a third party;
    2. protection of confidential commercial information;
    3. protection of trade secrets;
    4. protection of information supplied in confidence;
    5. protection of legally privileged information;
    6. protection of the safety of individuals or property;
    7. protection of records relating to legal proceedings, investigations or dispute resolution processes; and
    8. any other ground for refusal recognised by PAIA or Applicable Laws.
  3. The Big Save Group shall assess each request on its own merits and shall provide reasons where access is refused, subject to Applicable Laws.

22. COMPLAINTS, REMEDIES AND REGULATORY ENGAGEMENT

  1. Any person who is dissatisfied with a decision relating to a PAIA request or the processing of Personal Information may contact the Information Officer in the first instance.
  2. A person may also lodge a complaint with the Information Regulator in accordance with PAIA, POPIA and applicable regulatory processes.
  3. Nothing contained in this Manual limits any right or remedy available under Applicable Laws.

23. VERSION CONTROL AND REVIEW

  1. This Manual may be amended, updated or replaced from time to time to reflect legislative, regulatory, operational, technological or governance developments.
  2. The latest approved version of this Manual shall supersede all previous versions.
  3. The Big Save Group shall review this Manual periodically and at least when material legal, regulatory or operational changes occur.
  4. The latest version of this Manual shall be made available in accordance with clause 3 of this Manual.

 

ANNEXURE A

FORM 2 – REQUEST FOR ACCESS TO RECORD

Download Request for Access to Record Form 2

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