Manual prepared in terms of section 51 of the Promotion of Access to Information Act, 2 of 2000 ("PAIA"), read with the Protection of Personal Information Act, 4 of 2013 ("POPIA").

1. Introduction

PAIA gives effect to the constitutional right of access to information held by private bodies where that information is required for the exercise or protection of any rights. Section 51 of PAIA requires every private body to compile a manual describing the records it holds and the procedure to be followed when requesting access to those records.

This manual is published for SMD Technologies Proprietary Limited ("the company", "SMD", "we" or "us") and should be read together with our Privacy Policy and Terms & Conditions.

2. Company Details

Registered name	SMD Technologies Proprietary Limited
Registration number	2015/107801/07
Registered / postal address	2 Lascelles Road, Meadowbrook, Edenvale, Johannesburg, South Africa, 1609
Telephone	+27 (0) 11 608 3633
Email (PAIA / POPIA matters)	PAIA@smdtechnologies.com
General enquiries	sales@smdtechnologies.com
Website	smdtechnologies.com

3. Information Officer

The head of the company acts as the Information Officer contemplated in PAIA and POPIA, and may delegate this function to a Deputy Information Officer. All requests for access to records, POPIA rights requests and related correspondence must be directed to:

4. The Regulator's Guide on How to Use PAIA

The Information Regulator has, in terms of section 10(1) of PAIA, published a Guide containing the information reasonably required by a person who wishes to exercise any right contemplated in PAIA and POPIA. The Guide is available in each of the official languages and explains, among other things, the objects of PAIA and POPIA, how to lodge a request, the applicable fees, and the remedies available if a request is refused.

The Guide can be obtained from the Information Regulator (South Africa):

• Website: inforegulator.org.za
• Address: JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001
• General email: enquiries@inforegulator.org.za
• PAIA complaints: PAIAComplaints@inforegulator.org.za
• POPIA complaints: POPIAComplaints@inforegulator.org.za

Note: since 30 June 2021, the functions previously performed by the South African Human Rights Commission under PAIA have been transferred to the Information Regulator. The SAHRC remains a useful resource on the constitutional right of access to information.

5. Records Available in Terms of Other Legislation

The company holds records that are required to be kept, or may be requested, in terms of other legislation, including but not limited to:

• Companies Act, 71 of 2008;
• Consumer Protection Act, 68 of 2008;
• Protection of Personal Information Act, 4 of 2013;
• Promotion of Access to Information Act, 2 of 2000;
• Value-Added Tax Act, 89 of 1991;
• Income Tax Act, 58 of 1962;
• Basic Conditions of Employment Act, 75 of 1997;
• Labour Relations Act, 66 of 1995;
• Employment Equity Act, 55 of 1998;
• Compensation for Occupational Injuries and Diseases Act, 130 of 1993;
• Unemployment Insurance Act, 63 of 2001;
• Occupational Health and Safety Act, 85 of 1993;
• Electronic Communications and Transactions Act, 25 of 2002;
• National Credit Act, 34 of 2005 (where applicable to credit-approved customers).

6. Subjects and Categories of Records Held

The following broad categories of records are held by the company. Listing a category does not imply that a request for access to such records will be granted — every request is assessed in terms of PAIA, including its grounds of refusal.

Subject	Categories of records
Company / statutory records	Certificate of incorporation, memorandum of incorporation, share register, minutes of board meetings, statutory returns and records of the registered office.
Financial records	Annual financial statements, general ledgers, banking records, invoices, tax returns, VAT records and asset registers.
Customer and sales records	Customer account applications and agreements (including credit facility applications), quotations, orders, tax invoices, delivery notes, proof-of-payment records, correspondence, and records of complaints and returns — as contemplated in our Terms & Conditions.
Personal information	Personal information of customers, suppliers, employees and website users processed in accordance with POPIA and our Privacy Policy — including identity and contact details, transaction histories, credit bureau information, device and online identifiers, and records of correspondence.
Employee records	Employment contracts, remuneration and benefits records, disciplinary records, leave records, training records and statutory employment returns.
Supplier and procurement records	Supplier contracts and terms of trade, purchase orders, import/shipping documentation and logistics records.
Intellectual property	Trademarks, trade names, domain names, designs, artwork, product documentation and related agreements.
Information technology	Website and online platform records, system access logs, backups and security records.

7. How to Request Access to a Record

1. Complete Form 2 — Request for Access to Record of Private Body (prescribed under the PAIA Regulations). The form is available from the Information Regulator's website: inforegulator.org.za/paia-forms.
2. Submit the completed form to the Information Officer at PAIA@smdtechnologies.com or the physical address in section 2 above.
3. Provide sufficient particulars to identify the record requested and the right you seek to exercise or protect, together with an explanation of why the record is required for the exercise or protection of that right.
4. Indicate the form of access required (e.g. inspection, copy, electronic copy) and provide contact details for correspondence.
5. If the request is made on behalf of another person, submit proof of the capacity in which the request is made.
6. Pay the prescribed request fee (and, where applicable, a deposit and access fees) as set out in the PAIA Regulations. Fees are payable before the request is processed further.

The company will respond to a request within 30 days of receipt, as required by section 56 of PAIA. This period may be extended once, by up to 30 further days, in the circumstances permitted by the Act, in which case you will be notified.

Grounds of refusal

Access to a record may be refused on the grounds set out in Chapter 4 of Part 3 of PAIA, including the mandatory protection of the privacy of third parties, commercial information of the company or third parties, confidential information, and records privileged from production in legal proceedings.

Remedies if your request is refused

If your request is refused, or you are otherwise aggrieved by a decision of the Information Officer, you may lodge a complaint with the Information Regulator at PAIAComplaints@inforegulator.org.za, or apply to a court of competent jurisdiction.

8. Your Rights Under POPIA

As a data subject you have the right, in terms of POPIA and as described in our Privacy Policy, to:

• request confirmation of whether we hold personal information about you;
• request access to the personal information we hold about you;
• request correction or deletion of your personal information (subject to applicable laws);
• object to the processing of your personal information, including for direct marketing; and
• lodge a complaint with the Information Regulator.

Complaints about the handling of your personal information may be lodged with the Information Regulator at POPIAComplaints@inforegulator.org.za or inforeg@justice.gov.za, or telephonically on 012 406 4818. See justice.gov.za/inforeg/contact.html for full contact details.

9. Availability of this Manual

This manual is available:

• on this website, free of charge;
• at the company's registered office, for inspection during normal business hours; and
• on request from the Information Officer at PAIA@smdtechnologies.com (a fee may apply for printed copies as prescribed).

This manual is updated by the Information Officer as and when required.

10. Useful External Resources

• Information Regulator (South Africa) — oversees both PAIA and POPIA
• Information Regulator — PAIA forms (including Form 2, Request for Access)
• Department of Justice — Information Regulator pages
• Promotion of Access to Information Act, 2 of 2000 (full text)
• Protection of Personal Information Act, 4 of 2013 (full text)
• South African Human Rights Commission (SAHRC)