Agility Channel (Pty) Ltd: Manual for Accessing Information July 2021
1. SECTION 51 MANUAL FOR AGILITY CHANNEL (PTY) LTD
This manual is required in terms of section 51 of the PROMOTION OF ACCESS TO INFORMATION ACT No. 2 of 2000 (“PAIA”). This manual has been updated aligned with the PROTECTION OF PERSONAL INFORMATION ACT 4 OF 2013 (“POPIA”)
2. INTRODUCTION AND COMPANY INFORMATION
Agility Channel forms part of the Agility Holdings Group. Agility Channel is a strategic marketing, loyalty and distribution company for the broader financial services industry. Agility Rewards are one of a suite of products of Agility Channel.
The following information is provided by Agility Channel (“the Company”) in compliance with Section 51 of the Promotion of Access to Information Act, 2000 (“the Act”).
Company Registration number: 2004/003709/07
Financial Services Provider number: 44093
Chief Executive Officer (CEO): Mr Neels Barendrecht
Registered Address: Woodmead North Office Park 54 Maxwell Drive Woodmead 2191
Telephone Number: 012 673 8600
Email address: POPI@Agilityholdings.com
3. DESCRIPTION OF THE GUIDE REFERRED TO IN SECTION 51 OF THE ACT:
The Act grants a requester access to records of a private body if the record is required for the exercising or protection of any rights. If a public body lodges a request, the public body must be acting in the public interest.
Certain limitations are contained in the Act, pertaining but not exclusive to commercial confidentiality, good governance, protection of privacy as well the Bill of Rights in the Constitution.
Requests in terms of the Act shall be made following the prescribed procedures, at the rates provided. The forms and tariffs are dealt with in paragraphs 6 and 7 of the Act.
Requesters are referred to the Guide in terms of Section 51 which has been compiled by the South African Human Rights Commission (SAHRC), which contains information to exercise Constitutional Rights. The Guide is available for inspection, inter alia, at the offices of the Human Rights Commission at:
Physical Address: Braampark Forum 3, 33 Hoofd Street, Braamfontein
Postal Address: Private Bag X2700, Houghton 2041
Telephone Number: (011) 877 3600
Telefax Number: (011) 403 0625
Website: www.sahrc.org.za
4. AUTOMATIC ACCESS
Certain categories are automatically available to all entities without any cost. The categories include the following, however, this is not an exhaustive list:
Brochures Pamphlets Trade circulars
5. APPLICABLE LEGISLATION
The following pieces of legislation apply to this Access to Information Manual:
Ref
Act
No 131 of 1998
The Medical Schemes Act
No 89 of 1998
Competition Act
No 71 of 2008
The Companies Act
No 52 of 1998
Long Term Insurance Act
No 37 of 2002
The Financial Advisory and Intermediate Services Act
No 53 of 1998
Short Term Insurance Act
No 66 of 1995
The Labour Relations Act
No 55 of 1998
Employment Equity Act
No 75 of 1997
Basic Conditions of Employment Act
No 130 of 1993
Compensation for Occupational Injuries and Diseases Act
No 55 of 1998
Employment Equity Act
No 38 of 2001
Financial Intelligence Centre Act
No 58 of 1962
Income Tax Act
No 85 of 1993
Occupational Health and Safety Act
No 63 of 2001
Unemployment Insurance Act
No 89 of 1991
Value-added Tax Act
No 68 of 2008
Consumer Protection Act
No 34 of 2005
National Credit Act
The above list of legislation is not exhaustive.
6. SCHEDULE OF RECORDS
The following records are held by Agility Channel.
Private company records
· Human resources records
· Statutory records
· Internal policies and procedures
· Products records
· Operational records
· Financial records
· Information technology records
· Administrative contracts and agreement
· Communication
Client records: a client is regarded as a natural or juristic entity. The medical schemes administered by Agility Channel are not regarded as a client in relation to the member records. Should records be requested from the schemes administered by Agility Channel, those records have to be requested from the said scheme as per their published processes. Client records are
Communication with clients that are specifically of a private and confidential nature
· Records generated by Agility Channel relating to its clients
· Transactions of any nature: paper, electronically or voice recorded
· Information provided by a third party (client) that has been acting on behalf of
Agility Channel
· Information provided by a third party (medical practitioner or financial advisor)
· Information pertaining to clients from other sources for example a credit bureau
Employee/contractor records: These records include records of individuals/employees that provide services to Agility Channel and that will receive any form or remunerations. This includes directors, permanent employees, part-time employees, contracted employees and other contract workers. The following types of records are kept:
· Training schedules and results
· Banking details and payment details
· Any correspondence relating to the individual and service, directly or via a third party
· All internal records and discussions
· Employee details provided by third parties
· Employee job applications, employee contracts and other legal-type documents.
7. PROCESS TO REQUEST RECORDS
The requester must complete Form C (available from the SAHRC website) and submit this form together with a request fee, to Agility Channel.
The form must:
· Provide sufficient particulars to enable Agility Channel to identify the record/s requested and to identify the requester;
· Indicate an email address for further correspondence;
· Specify a postal address or fax number of the requester in the Republic of South Africa;
· Identify the right that the requester is seeking to exercise or protect, and provide an explanation of why the requested record is required for the exercise or protection of that right;
· If in addition to a written reply, the requester wishes to be informed of the decision on the request in any other manner, to state that manner and the necessary particulars to be informed in the other manner; and
· if the request is made on behalf of another person, to submit proof of the capacity in which the requester is making the request, to the reasonable satisfaction of the head of the Scheme.
The fee for access to records shall be the prescribed fees in respect of private bodies as set out in the regulations promulgated under the Act.
8. PRESCRIBED FEES
The following applies to the fees paid in relation to the request
A requestor is required to pay the prescribed fees (R50.00) before a request will be processed
If the preparation of the record requested requires more than the prescribed hours (six), a deposit shall be paid (of not more than one-third of the access fee) which would be payable if the request were granted;
A requestor may lodge an application with a court against the tender/payment of the request fee and/or deposit
Records may be withheld until the fees have been paid
The fee structure is available on the website of the SAHRC at www.sahrc.org.za