POPIA

PROMOTION OF ACCESS TO INFORMATION MANUAL

This manual is prepared as required in terms of section 51 of the Promotion of Access to Information Act no 2 of 2000

  1. Introduction to the company

Viking Medical and Surgical (Pty) Ltd is a registered importer and distributor of a wide range of medical products in Southern Africa.

  1. COMPANY DETAILS

Details of the Company entities:

Registered name

Registration number

Viking BCT

2016/240499/07

Viking Cardiovascular

2004/015234/07

Viking Critical Care

2004/017872/07

Viking Staar

1997/002558/07

  1. CONTACT DETAILS

Contact address

4 Angus Crescent, Longmeadow Business Estate East, Edenvale , 1609

Telephone number

0119971500

Fax number

0119971555

Information Officer

Anelle Weatherdon

Information Officer Email Address

This email address is being protected from spambots. You need JavaScript enabled to view it.

Website

 
  1. DESCRIPTION OF GUIDE WITH REGARDS  TO USING PAIA

We have compiled a guide based on section 10 of PAIA by the South African Human Rights Commission (SAHRC). If you would like additional information about how to access information under the promotion of Access to Information Act, 2000, you may contact the South African Human Rights Commission (SAHRC) to find out more about PAIA. They have guides in each official language of South Africa on how to exercise rights under the Act. If you would like further guidance on how you can get access to information under the Promotion of Access to Information Act,2002 (“PAIA”), you may contact the South African Human Rights Commission (SAHRC) to find out more information about PAIA.  Please direct any queries to:

Postal Address: Private Bag X2700

Houghton

2041

Telephone: +27 11 484 8300

Fax: +27 11 484 0582

Website: www.sahrc.org.za

Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

  1. Available records 

Because of said legislation, the records kept are not freely accessible to any requester.Consequently, information will not be furnished unless the requestor provides sufficient details to enable Viking Medical and Surgical Identify the rights that needs to be protected, as well as how to protect them. Justification for the need for the requested information is required for the exercise or protestation of that right.

Available records:

Financial records

  • Financial statements
  • Business expense documents
  • Bank deposit slips
  • Cancelled cheques
  • Involves
  • Deposits, earnings and withdrawals
  • Property documents
  • Petty cash receipts
  • Credit cards reports
  • Employee expense reports

Employee records

  • Employee offer letters
  • Conformation of employment letters
  • Retirement and pension records
  • Job descriptions
  • Employees compensation records
  • Termination papers
  • Disciplinary information
  • Employee contracts
  • Employee medical records
  • Leave records
  • Training records

Contracts

  • All insurance contracts
  • Supplier contracts
  • Construction contracts
  • Loan/Mortgage contracts
  • Warranties

Insurance records

  • Property insurance claims
  • Releases and settlements

Regulatory records

  • SAHPRA licenses
  • Suppliers EC/FDA/DoC certificates
  • Permits

Corporate records

  • Employment tax records
  • Company policies
  • Accounting records
  • Annual tax filing records
  • Payroll registers
  • Consultants reports
  • Tender records
  • Litigation documents
  • Policies and procedures
  • BEE certificates
  • Supplier list
  • Patients records
  1. Compliance with the law requires us to maintain information

The following laws apply to the information we hold in South Africa:

  • Administration of Estates Act 66 of 1965
  • Basic Conditions of Employment Act 75 of 1997
  • Broad-Based Black Economic Empowerment Act 53 of 2003
  • Close Corporations Act 69 of 1984
  • Companies Act 61 of 1973 Compensation for Occupational Injuries and Health 
  • Compensation for Occupational Injuries and Diseases Act, No. 130 of 1993
  • Competition Act 89 of 1998
  • Consumer Protection Act 68 of 2008
  • Copyright Act 98 of 1978
  • Electronic Communications and Transactions Act 25 of 2002
  • Electronic Communications Act, 36 of 2005
  • Employment Equity Act 55 of 1998
  • Financial Intelligence Centre Act 38 of 2001
  • Income Tax Act 58 of 1962
  • Insolvency Act No. 24 of 1936
  • Labour Relations Act 66 of 1995
  • Medical Schemes Act, No.131 of 1998
  • Medicines and Related Substances Act, No.15 of 1973
  • National Credit Act 34 of 2005
  • National Environment  Management Act, No.107 of 1998
  • National Health Act, No. 61 of 2003
  • Occupational Health & Safety Act 85 of 1993
  • Pension Funds Act 24 of 1956
  • Prevention of Organised Crime Act 121 of 1998
  • Prevention and Combating of Corrupt Activities Act 12 of 2004 
  • Protection of Personal Information Act 4 of 2013
  • Promotion of Access to Information Act 2 of 2000
  • Protected Disclosures Act 26 of 2000
  • Unemployment Contributions Act 4 of 2002
  • Unemployment Insurance Act 30 of 1966
  • Value Added Tax Act 89 of 1991
  1. Purposes for processing personal information

We process personal information for the following purposes:

  • To send communications
  • To respond to queries and requests
  • To improve our services 
  • To conduct administrative and business functions
  • To keep our records up to date
  • To enable company to provide customers with information with regard to company services
  • To enable company to provide required information as required by law or government authority
  • For audit and record  keeping
  • For notification about changes to our service
  1. Third party disclosures
  2. Security measures

We will disclose your personal information to contractors, suppliers, customers, regulators, courts and other governmental authorities and across borders of South Africa where we liaise with our service providers. The Information Officer shall ensure that in considering such request, shall adhere to the provisions of section 71 of 73 of PAIA and as well as the relevant provisions of POPIA.

Viking Medical and Surgical will ensure that personal information is protect, loss and misused from authorized access. The following measures are in place:

  • Access controls
  • Password controls
  • Anti-virus measures
  • Antispam measures
  • Internal security measures
  1. Correction of personal information
  2. Request procedure

 The data subject have the right to ask us to update, correct or delete personal information. Please ensure that your personal information is accurate and up to date and notify us of any changes we need to be aware of. 

Applicants are not automatically granted access to records by successfully completing and submitting a Request for Access form. When a record request falls within a specified category, access to that record is subject to some limitations if the requested record falls within a category as specified in Part three Chapter 4.

A request for access to information that does not meet the formalities set out by PAIA will be returned to you.

Viking Medical and Surgical are willing to provide a copy of the data subject's personal information and other supplementary information upon request.

As prescribed by PAIA, any request for information must be contained in Form C, which is available from the Information Regulator’s website. (https://www.justice.gov.za/inforeg/docs.html).

Form C must be completed in full and returned to the Company for attention of the Designated Information Officer, together with any other information that the Company requires in order to consider and decide on the request. A request, which does not comply with the formalities, as prescribed by the Act will be forwarded back to the requester with advice on the necessary steps for compliance (this includes forms that are not completed in full).

A requester needs to provide the Company with sufficient details to enable it to identify:

• The record(s) requested;

• The requester; (proof of capacity is required if a request is made on behalf of another person)

• The form of access required;

• The postal address or fax number of the requester within RSA;

• If the requester wishes to be informed of the decision in any manner, the

Manner and particulars thereof;

• The right, which the requester is seeking to exercise or protect with an explanation of the reason the record, is required to exercise or protect the right.

Legal proceedings will be instituted against applicants who have been found to have mislead the company to obtain access to a record

Proof of identity or any other legal forms of identity is required to authenticate the request and the requester

Please note: A request will not be processed until the prescribed fees have been paid and where a decision to grant a request has been taken, the record will not be disclosed until the necessary fees have been paid in full. Please see the following link to see the prescribed fees: 

https://www.justice.gov.za/paia/PAIAbrochure

The Information Officer, as soon as reasonably possible, but in any event within 30 days, after the request has been received, shall decide whether to grant the request and notify the requester of its decision.

Please note that the Company may extend the 30-day notice period if it is necessary due to the nature of the request and the amount of time-required gathering the requested information. The requester will however be given notice of the extension prior to the 30-day period’s expiry. 

The requester will be notified in writing whether the request has been approved or denied with valid reasons for denial.

All steps will be taken to find a record if not the Information Officer shall notify the requester, by way of an affidavit that the requested record is not available.

If the record in question is found, the requester shall be given access to the requested record

  1. Grounds for refusal to access in terms of chapter 4 of PAIA

In terms of PAIA, Viking Medical and Surgical may refuse to grant access to certain records.  Refusal will be due to the following reasons:

  • Privileged information: ( secret information that is legally protected so that it does not have to be given to the public)
  • Protecting commercial information of a third party
  • If disclosure of  the record could be expected to put Viking Medical and Surgical in  the breach of a duty of confidence owed to the third party
  • If a disclosure of the records would impair certain property rights  of a third party
  • If disclosure of the company’s commercial information containing trade secrets, financial, commercial, technical information or any sensitive information, would cause harm to the financial interests of the business
  • If disclosure of a record would put Viking Medical and Surgical at a disadvantage in negotiations or prejudice it in commercial competition