Futurewise Education (Pty) Ltd (Registration Number: 2021/747261/07) is a private company registered in terms of the company laws of the Republic of South Africa and specialises in the provision of life insurance products (“Futurewise”).
This Manual is published in terms of section 51 of the PAIA Act and provides an outline of the type of records and personal information which Futurewise holds. The Manual also explains how to submit requests for access to these records in terms of the PAIA Act. In addition to explaining how to access, or object to, personal information held by Futurewise, or to request correction of the personal information, in terms of sections’ 23 and 24 of the Protection of Personal Information Act 4 of 2013 ( “POPI Act”), the Manual also explains how to submit requests for access to these records in terms of the PAIA Act.
The objective of the PAIA Act is to give effect to the constitutional right to access to information, which information is held by a public or private body and which information is required for the exercise or protection of any rights. The PAIA Act recognises the right entrenched in section 32 of the Constitution of the Republic of South Africa, 1996 and aims to foster a culture of transparency and accountability in public and private bodies by giving effect to the right of access to information.
Accordingly, requests for access to information held by Futurewise shall be made in accordance with the prescribed procedures and at the rates provided. The prescribed forms and fee tariffs are dealt with in Chapter 1 of Part 3 of the PAIA Act, as well as in section 5 below.
This Manual is published on the Futurewise website at www.futurewise.co.za or alternatively, a copy can be requested from the Information Officer or Deputy Information Officer (see contact details in paragraph 2 below).
Guides to the PAIA and POPI Acts can be obtained and queries directed to:
| PAIA Act | POPI Act |
|
The South African Human Rights Commission: Braampark Forum 3, 33 Hoofd Street, Braamfontein, Johannesburg, Gauteng Private Bag 2700, Houghton, 2041 Tel: +27 11 877 3600 Fax: +27 11 403 0625 Website: www.sahrc.org.za E-mail: PAIA@sahrc.org.za |
The office of the Information Regulator: Forum III 3rd Floor, Braampark, PO Box 31533, Braamfontein, Johannesburg, 2107 Mr. Marks Thibela Chief Executive Officer Tel No: +27 010 023 5207 Cell No: 082 746 4173 E-mail: inforeg@justice.gov.za |
Contact details in terms of section 51 of PAIA:
Futurewise Education (Pty) Ltd (Reg. No: 2021/747261/07)
P.O. Box 5527
Northlands
2116
Physical Address:
Kagiso Tiso House
100 West Street
Wierda Valley
Sandton
2196
Website: www.futurewise.co.za
Duly authorised persons:
|
Information Officer: |
Deputy Information Officer: |
| Vacant |
Name: Kreethan Budhu Tel: 083 781 3375 E-mail: kreethan.budhu@futurewise.co.za |
Applicable Legislation:
The following legislation, amongst others which may become applicable from time to time, is applicable to and observed by Futurewise pursuant to undertaking its day-to-day operations:
|
Item No: |
Legislative Reference: |
Act: |
|
1 |
No. 61 of 1973 |
The Companies Act |
|
2 |
No. 75 of 1997 |
The Basic Conditions of Employment Act |
|
3 |
No. 55 of 1998 |
The Employment Equity Act |
|
4 |
No. 58 of 1962 |
The Income Tax Act |
|
5 |
No. 66 of 1995 |
The Labour Relations Act |
|
6 |
No. 89 of 1991 |
The Value Added Tax Act |
|
7 |
No. 37 of 2002 |
The Financial Advisory and Intermediary Services Act |
|
8 |
No. 25 of 2002 |
The Electronic Communications and Transactions Act |
|
9 |
No. 2 of 2000 |
The Promotion of Access to Information Act |
|
10 |
No. 4 of 2013 |
The Protection of Personal Information Act |
|
11 |
No. 63 of 2001 |
The Unemployment Insurance Act |
|
12 |
No. 53 of 2003 |
The Broad-Based Black Economic Empowerment Act |
|
13 |
No. 130 of 1993 |
Compensation for Occupational Injuries and Diseases Act |
|
14 |
No. 36 of 1994 |
Public Holidays Act |
|
Departmental Records |
Subject |
Classification No. |
|
Human Resources Division |
Employee Records |
5 |
|
Employment Contracts |
5 |
|
|
Personnel Guidelines, Policies and Procedures |
10 |
|
|
Employee Medical Records |
5 |
|
|
Employee Disability Insurance Records |
5 |
|
|
Employee Pension and Provident Fund Records |
5 |
|
|
Payroll Records |
5 |
|
|
Recruitment Records |
5 |
|
|
Financial /Procurement Division |
Financial Statements |
14 |
|
Tax Records (Futurewise & Employees) |
5 & 10 |
|
|
Health Industry Development Programme Records |
1 |
|
|
Asset Register |
10 |
|
|
Supplier Records |
7 |
|
|
Management Accounts |
10 |
|
|
Legal Services and Corporate Governance Division |
General Contract Documentation |
7 |
|
Company Guidelines, Policies and Procedures |
10 |
|
|
Intellectual Property Records |
10 |
|
|
Employee, Member and Supplier Information |
5 & 7 |
|
|
Immovable Property Records |
10 |
|
|
Statutory Records |
1 |
|
|
Sales and Marketing Division |
Product / Service Brochures |
1 |
|
User Guides |
10 |
|
|
Customer History Records |
7 |
|
|
Product Sales Records |
7 |
|
|
Marketing and Future Product / Plan Strategies |
10 |
|
|
Customer Information and Database |
7 |
|
|
Third Party Agreements and Documents |
7 |
|
|
Information Technology Division |
Processing, Administrative and Development Records |
10 |
|
Classification No. |
Access |
Classification [PAIA section] |
||
|
1 |
May be Disclosed |
Public Access Document |
||
|
2 |
May not be Disclosed |
Request after commencement of criminal or civil proceedings [s7] |
||
|
3 |
May be Disclosed |
Subject to copyright |
||
|
4 |
Limited Disclosure |
Personal Information of natural persons that belongs to the requester of that information, or personal information of juristic persons represented by the requestor of that information [s61] |
||
|
5 |
May not be Disclosed |
Unreasonable disclosure of personal information or of natural person [s63] |
||
|
6 |
May not be Disclosed |
Likely to harm the commercial or financial interests of a third party [s64(1)(a) and (b)] |
||
|
7 |
May not be Disclosed |
Likely to harm the Company or third party in contract or other negotiations [s64(1)(c)] |
||
|
8 |
May not be Disclosed |
Would breach a duty of confidence owed to a third party in terms of an Agreement [s65] |
||
|
9 |
May not be Disclosed |
Likely to compromise the safety of individuals or protection of property [s66] |
||
|
10 |
May not be Disclosed |
Legally privileged document [s67] |
||
|
11 |
May not be Refused |
Environmental testing / investigation which reveals public safety / environmental risks [s64(2); s68(2)] |
||
|
12 |
May not be Disclosed |
Commercial information of Private Body [s68] |
||
|
13 |
May not be Disclosed |
Likely to prejudice research and development information of the Company or a third party [s69] |
||
|
14 |
May not be Refused |
Disclosure in public interest [s70] |
The requester must complete Annexure C and submit this form together with request fee, to the Information Officer and/or Depute Information Officer of Futurewise.
The form must be submitted to the Information Officer and/or Deputy Information Officer of Futurewise at the street address and via the electronic mail addresses, as outlined in clause 2 above.
The form must provide sufficient particulars to enable the Information Officer and/or Deputy Information Officer of Futurewise to identify the record(s) requested and to identify the requester.
The requester must:
If, in addition to a written reply, the requester wishes to be informed of the decision on the request in any other manner, the requester must state that manner and the necessary particulars to be informed in such other manner.
If the requester 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 Information Officer and/or Depute Information Officer of Futurewise.
Pursuant to promoting responsible information processing practices within its organisation, as well as in its capacity as a Responsible Party contemplated in terms of the provisions of the POPI Act, Futurewise takes any activities relating to the protection and processing of Personal Information (as defined in terms of the provisions of section 1 of the POPI Act) very seriously. To promote the constitutional right to privacy, as well as to play its part in promoting the rights protected in terms of the POPI Act, Futurewise undertakes to, in so far as is required of it, observe the requirements and conditions for the lawful processing of Personal Information.
Futurewise may process Personal Information for a variety of purposes, which may include, but is not limited to, the following:
As per section 1 of the POPIA Act, a Data Subject may either be a natural or juristic person.
The categories of Data Subjects and Personal Information processed by Futurewise may include, but is not limited to, the following:
Customers – Natural Persons
Customers Personal and Special Personal Information
Customers insurance information
Customers financial information
Customers biometric information
Customers dependent Personal and Special Personal Information
Nominated beneficiary Personal and Special Personal Information Nominated
beneficiary financial information
Nominated beneficiary biometric information
Nominated beneficiary dependent Personal and Special Personal
Information
Children of the customer’s Personal and Special Personal
Information
Children of the customer’s biometric information
Suppliers
Supplier Personal Information
Personal Information of supplier representatives
Employees / Directors
Employee / Director Personal Information
Employee and Director Special Personal Information
Service Providers
Service providers Personal Information
Subject to any relevant terms and conditions of use which may be applicable when a Data Subject engages with Futurewise , we may share the Personal Information of any Data Subject we process for any of the purposes outlined in section 4.1 above, with the following third parties, whether such third parties qualify as “responsible parties”in terms of section 1 of the POPI Act or not:
Futurewise processes personal information in order to facilitate and enhance the delivery of products and services to its policyholders, foster a legally compliant workplace environment, as well as safeguard the personal information relating to any data subjects which it in facts holds. We undertake to process any personal information in a manner which promotes the constitutional right to privacy, retains accountability and data subject participation.
We have, and continue to, implement reasonable, technical and organisational measures for the protection of Personal Information processed by Futurewise. We at all times take reasonable and appropriate security measures to secure the integrity and confidentiality of Personal Information in our possession in order to guard against:
We will take steps to ensure that any third-party operator(s) (as defined in terms of section 1 of the POPI Act) who process Personal Information on behalf of Futurewise apply adequate safeguards as outlined above.
Section 72 of the POPI Act provides that personal Information may only be transferred out of the Republic of South Africa:
We will take reasonable steps to ensure that any third-party process operators are bound by laws, binding corporate rules or binding agreements that provide an adequate level of protection and uphold the principles for reasonable and lawful processing of Personal Information as contemplated in terms of the POPI Act.
When Futurewise receives Personal Information from a third party on behalf of a Data Subject, we require confirmation that such a third party has prior written consent from the Data Subject, that they are aware of the contents of this PAIA Manual and the Futurewise Privacy Policy, and do not have any objection to us processing their Personal Information.
Section 11 (3) of the POPI Act and regulation 2 of the POPIA Regulations provides that a Data Subject may, at any time object to the Processing of his/her/its Personal Information in the prescribed form attached to this manual (Annexure B).
Section 24 of the POPI Act and regulation 3 of the POPI Regulations provides that a Data Subject may request for their Personal Information to be corrected/deleted in the prescribed form as per Annexure C.
Information which is automatically available, without having to complete the prescribed form and paying the requester’s fee, will be made available via the Futurewise website (www.futurewise.co.za) or in the manner requested, should this be reasonable and possible. The manner of access will include:
To facilitate the processing of any request by a requester, kindly follow the procedure set forth herein below:
The record(s) requested;
The following applies to requests other than personal requests (a personal request is where a requester seeks information about himself or herself or his/her next of kin). Personal requests are exempted from paying fees. In addition, if the information is about a deceased individual, then the requester will also be exempted from paying fees.
Every other request which is not a personal request is subject to payment of the prescribed fees set out in section 51(1)(f) of the PAIA Act (“the Fees”). The Fees must be paid to Futurewise by way of electronic funds transfer into Futurwise’s bank account, the details of which are available on request. Please note that proof of payment must be submitted to the email addresses of the Information Office and/or Deputy Information Officer as set out in clause 2 above.
If the preparation of the record(s) requested requires more than the prescribed hours (six hours), a deposit shall be paid equal tonot more than one third of the Fee and/or the Deposit which would be payable if the request were granted.
Should Futurewise fail to provide the requester record(s) after approving the request, a requestor may lodge an application with a court against the payment of the Fee and/or Deposit.
Records may be withheld until the Fees and/or Deposit have been paid.
The detailed Fee Structure is available on the website of the South African Human Rights Commission at www.sahrc.org.za
Prescribed forms and fees are published on Futurewise ’s website or, alternatively, copies can be requested from the Information Officer or Deputy Information Officer (see contact details in section 2). Prescribed forms and fees can be found on Futurewise ’s website as follows:
Annexure A – Form 2: Request for access to record Download a PDF
Annexure B – Form 3: Outcome of request and of Fees payable Download a PDF
Annexure C – Form 4: Internal Appeal Download a PDF
Futurewise does not have an internal appeal procedure regarding the PAIA and POPI Act requests for access to information. As such, the decision made by the duly authorised persons whose particulars appear in section 2, is final.
The PAIA Act provides for an internal appeal procedure in terms of sections 74 and 75 of the PAIA Act. The Minister, as defined in the PAIA Act, is the relevant authority to review any decision taken on appeal.
If a request is denied, the requestor is entitled to apply to a court with appropriate jurisdiction, or the Information Regulator (once established), for relief.