Access to Information

PAIA MANUAL FOR THE FOSCHINI GROUP LIMITED

Registration number 1937/009504/06

In accordance with section 51 of the Promotion of Access to Information Act (“Act”)

CONTENTS:

A         The Manual

B         Introduction to The Foschini Group Limited and subsidiaries (“TFG”)

C         Particulars in terms of the manual:

1.        Contact details of Information Officers

2.        A guide to the Act

3.        Categories of data subjects and the information TFG may collect

4.        Purpose of processing personal information for each category of data subjects

5.        Recipients or categories of recipients to whom the personal information may be supplied

6.        Planned transborder flows of personal information

7.        Records available in terms of other legislation

8.        Gaining access to records held by TFG:

8.1      The categories of records that are automatically available  

8.2      What records may be requested in terms of the Act

8.3      Categories and types of records held by TFG

8.4      How to request records

9.        Other information as may be prescribed

10.      Availability of the manual

11.      Prescribed fees for private bodies (i.e. companies)

12.      Prescribed forms

A.      THE MANUAL

This manual is drafted to assist potential requesters in applying for access to information or documents from TFG. This manual may be amended from time to time.

A requester must contact TFG’s Deputy Information Officer(s) as stated below, should s/he require any assistance in respect of the use of this manual, and/or when requesting documents and/or information from TFG in terms of the manual.

The following words in this manual mean:-

“Act”

means the Promotion of Access to Information Act, No 2 of 2000, together with all relevant regulations.

“the/this manual”

means this manual together with all annexures as available at the head office of TFG and on its website .

“TFG”    

means The Foschini Group Limited and its subsidiaries, all of whom are defined as private bodies in terms of the Act.

“Information Regulator”    

means the Information Regulator established in terms of the South African Human Rights Commission.

“personal information”    

means personal information as defined in the Protection of Personal Information Act, No 4 of 2013.

“data subject”    

means a data subject as defined in the Protection of Personal Information Act, No 4 of 2013.

 

B.      INTRODUCTION TO TFG

The Foschini Group Limited is a holding company whose shares are listed on the JSE Stock Exchange and whose subsidiaries, through their various brands (Foschini, Donna, The Fix, Next, Soda Bloc, Markham, Fabiani, G-Star Raw, Exact, Sportscene, Totalsports, DueSouth, TFG Apparel Supply Company, AmericanSwiss, Sterns, Mat & May, Charles & Keith, Colette, @home, @homelivingspace, Phase Eight, Whistles and Hi) sell clothing, jewellery, accessories, cosmetics, sporting apparel, homeware, technology and financial products.

 

C.      PARTICULARS IN TERMS OF THE MANUAL

1.      Contact details of Information Officers 

The Foschini Group Limited

 

Chief Executive Officer & Information Officer:

A.D. Murray

Deputy Information Officers :

Suren Naidoo for:

Foschini, Donna, The Fix, Next, Soda Bloc, Markham, Fabiani, G-Star Raw, Exact, Sportscene, Totalsports, DueSouth, TFG Apparel Supply Company, AmericanSwiss, Sterns, Mat & May, Charles & Keith, Colette, @home, @homelivingspace and Hi

Street Address:

Stanley Lewis Centre, 340 Voortrekker Road, Parow East, Cape Town, Western Cape, 7500

Postal Address:

P.O. Box 6020, Parow East, 7501

Telephone:

+ 27 21 938 1911

Website:

www.tfg.co.za

E-mail:

proatia1@tfg.co.za

2.      A guide to the Act

In terms of section 10 of the Act, the SAHRC is required to compile, in each official language, a guide to the Act, to assist people in exercising their rights under the Act. This guide is available from the SAHRC. The SAHRC may be contacted at:

The South African Human Rights Commission (SAHRC):
PAIA Unit
The Research and Documentation Department

Postal address

Private Bag 2700 , Houghton, 2041

Telephone:

+27 11 484-8300

Fax:

+27 11 484-0582

Website:

www.sahrc.org.za

E-mail:

PAIA@sahrc.org.za

3.      Categories of data subjects and the information TFG may collect

3.1      Employees

              •  Name and contact details

              •  Identity number and identity documents including passports

              •  Employment history and references

              •  Banking and financial details

              •  Details of payments to third parties (deductions from salary)

              •  Employment contracts

              •  Employment equity plans

              •  Medical aid records

              •   TFG Pension Fund records

              •  Remuneration/salary records

              •  Performance appraisals

              •  Disciplinary records

              •  Leave records

              •  Training records

3.2      Consumers and prospective consumers (which may include employees)

              •  Postal and/or street address

              •  title and name

              •  contact numbers and/or e-mail address

              •  ethnic group

              •  employment history

              •  age

              •  gender

              •  marital status

              •  nationality

              •  language

              •  financial information

              •  identity or passport number

              •  browsing habits and click patterns on TFG websites.

3.3      Vendors /suppliers /other businesses:

              •  Name and contact details

              •  Identity and/or company information and directors’ information

              •  Banking and financial information

              •  Information about products or services

              •  Other information not specified, reasonably required to be processed for business operations

4.      Purpose of processing personal information for each category of data subject

4.1      For consumers:

              •  Performing duties in terms of any agreement with consumers

              •  Make, or assist in making, credit decisions about consumers

              •  Operate and manage consumers’ accounts and manage any application, agreement or                   correspondence consumers may have with TFG

              •  Communicating (including direct marketing) with consumers by email, SMS, letter, telephone or in                   any other way about TFG’s products and services, unless consumers indicate otherwise

              •  To form a view of consumers as individuals and to identify, develop or improve products, that may                   be of interest to consumers

              •  Carrying out market research, business and statistical analysis

              •  Performing other administrative and operational purposes including the testing of systems

              •  Recovering any debt consumers may owe TFG

              •  Complying with TFG’s regulatory and other obligations

              •  Any other reasonably required purpose relating to the TFG business

4.2      For prospective consumers:

              •  Verifying and updating information

              •  Pre-scoring

              •  Direct marketing

              •  Any other reasonably required purpose relating to the processing of a prospect’s personal                   information reasonably related to TFG’s business. Note: not clear

4.3      For employees:

              •  The same purposes as for consumers (above)

              •  Verification of applicant employees’ information during recruitment process

              •  General matters relating to employees:

                  o  Pension

                  o  Medical aid

                  o  Payroll

                  o  Disciplinary action

                  o  Training

              •  Any other reasonably required purpose relating to the employment or possible employment                   relationship.

4.4      For vendors /suppliers /other businesses:

              •  Verifying information and performing checks

              •  Purposes relating to the agreement or business relationship or possible agreement or business                   relationships between the parties

              •  Payment of invoices

              •  Complying with TFG’s regulatory and other obligations

              •  Any other reasonably required purpose relating to TFG’s business.

5.      Recipients or categories of recipients to whom the personal information may be supplied

              •  Any firm, organisation or person that TFG uses to collect payments and recover debts or to provide                   a service on its behalf

              •  Any firm, organisation or person that/who provides TFG with products or services

              •  Any person who TFG has reason to believe to be a data subject’s/consumer’s parent, carer or                   helper where he/she is unable to handle his/her own affairs because of mental incapacity or other                   similar issues

              •  Any payment system TFG uses

              •  Regulatory and governmental authorities or ombudsmen, or other authorities, including tax                   authorities, where TFG has a duty to share information

              •  Credit bureaux

              •  Third parties to whom payments are made on behalf of employees

              •  Financial institutions from whom payments are received on behalf of data subjects

              •  Any other operator not specified

              •  Employees, contractors and temporary staff

              •  Agents.

6.      Planned transborder flows of personal information

              •  Storing information electronically

              •  Making use of third party service providers to fulfil a business function on behalf of TFG.

7.      Records available in terms of other legislation

TFG keeps information / documents in accordance with the following South African legislation (please note that this is not an exhaustive list): -

7.1    Administration of Estates Act, No. 66 of 1965

7.2    Alienation of Land Act No. 68 of 1981

7.3    Arbitration Act No. 42 of 1965

7.4    Banks Act No. 94 of 1990

7.5    Basic Conditions of Employment No.75 of 1997 (including Sectoral Determination 9: Wholesale and          Retail Sector)

7.6    Broad Based Black Economic Empowerment Act No. 53 of 2003

7.7    Closed Pension Fund Act No. 197 of 1993

7.8    Companies Act No. 71 of 2008

7.9    Compensation for Occupational Injuries and Health Diseases Act No.130 of 1993

7.10  Competition Act No. 89 of 1998

7.11  Consumer Affairs (Unfair Business Practices) Act No. 71 of 1988

7.12  Consumer Protection Act No. 68 of 2008

7.13  Copyright Act No. 98 of 1978

7.14  Credit Agreements Act No. 75 of 1980

7.15  Criminal Procedure Act No. 51 of 1977

7.16  Currency and Exchanges Act No. 9 of 1933

7.17  Customs and Excise Act No. 91 of 1964

7.18  Debt Collectors Act No. 114 of 1998

7.19  Employment Equity Act No. 55 of 1998

7.20  Electronic Communications and Transmissions Act No. 25 of 2002

7.21  Finance Act No. 35 of 2000

7.22  Financial Advisory and Intermediary Services Act No. 37 of 2003

7.23  Financial Intelligence Centre Act No. 38 of 2001

7.24  Financial Markets Act No. 19 of 2012

7.25  Financial Services Board Act No. 97 of 1990

7.26  Foodstuffs, Cosmetics and Disinfectants Act No. 54 of 1972

7.27  General Pensions Act No. 29 of 1979

7.28  Harmful Business Practices Act No. 23 of 1999

7.29  Home Loan and Mortgage Disclosure Act No. 63 of 2000

7.30  Import and Export Control Act No. 45 of 1963

7.31  Income Tax Act No. 95 of 1967

7.32  Insolvency Act No. 24 of 1936

7.33  Insurance Act No 27 of 1943

7.34  Intellectual Property Laws Amendments Act No. 38 of 1997

7.35  Labour Relations Act No. 66 of 1995

7.36  Long Term Insurance Act No. 52 of 1998

7.37  Medical Schemes Act No. 131 of 1998

7.38  Merchandise Marks Act No. 17 of 1941

7.39  National Building Regulations and Building Standards Act No. 103 of 1977

7.40  National Credit Act No. 34 of 2005

7.41  National Environmental Management : Waste Act No. 59 of 2008

7.42  Occupational Health & Safety Act No. 85 of 1993

7.43  Pension Funds Act No. 24 of 1956

7.44  Post and Telecommunications-Related Matters Act No. 44 of 1958

7.45  Price Control Amendment Act, No. 80 of 1967

7.46  Prescribed rate of Interest Act No. 55 of 1975

7.47  Prevention and Combating of Corrupt Activities Act No. 12 of 2004

7.48  Promotion of Access to Information Act No. 2 of 2000

7.49  Protected Disclosures Act No. 26 of 2000

7.50  7.50  Protection of Businesses Act No. 99 of 1978

7.51  Protection of Personal Information Act No. 4 of 2013

7.52  Regional Services Councils Act No. 109 of 1985

7.53  Regulation of Interception of Communications and Provision of Communication Related Information           Act No 70 of 2002

7.54  SA Reserve Bank Act No. 90 of 1989

7.55  Second Hand Goods Act No. 23 of 1955

7.56  Sale and Services Matters Act No. 25 of 1964

7.57  Short Term Insurance Act No. 53 of 1998

7.58  Skills Development Levies Act No. 9 of 1999

7.59  Skills Development Act No. 97 of 1998

7.60  Stamp Duties Act No. 77 of 1968

7.61  Standards Act No. 29 of 1993

7.62  Stock Exchange Control Act No. 1 of 1985

7.63  Tax on Retirement Funds Act No. 38 of 1996

7.64  Trade Practices Act No. 76 of 1976

7.65  Trade Marks Act No. 194 of 1993

7.66  Unemployment Contributions Act No. 4 of 2002

7.67  Unemployment Insurance Act No. 63 of 2001

7.68  Value Added Tax Act No. 89 of 1991.

8.      Gaining access to records held by TFG

8.1   All records regarding the granting of credit, including account applications, terms and conditions,         customer records, and statements of accounts, are automatically available to a requester who has an         account with TFG, without them having to request these records in terms of the Act. Proof of identity         must be provided by the requester on making a request for this type of information.

8.2.   Requests for records in respect of:

Foschini, Donna, The Fix, Next, Soda Bloc, Markham, Fabiani, G-Star Raw, Exact, Sportscene, Totalsports, DueSouth, TFG Apparel Supply Company, AmericanSwiss, Sterns, Mat & May, Charles & Keith, Colette, @home, @homelivingspace and Hi must be forwarded to the following Deputy Information Officer:

Suren Naidoo

 

Street Address:

340 Voortrekker Road, Parow East, Cape Town, Western Cape, 7500

Postal Address:   

P.O. Box 6020, Parow East, 7501

Telephone:

+27 21 938 1911

Website:

www.tfg.co.za

Email:

proatia1@tfg.co.za

8.3   Records held by TFG that may be requested are set out in the following categories and types:

·       Statutory:

            •  registers

            •  annual reports

            •  statutory records and returns

            •  agreements

            •  trade marks

            •  licences

            •  copyrights and designs

            •  title deeds

            •  lease agreements

·       Human resources:

            •  policies and procedures

            •  employment equity plan and reports

            •  skills development plans

            •  pensions

            •  disciplinary, grievance procedures and hearings

            •  CCMA records

            •  records and reports

·       Admininistration, finance and accounting:

            •  accounting records

            •  suppliers' records 

            •  policies and procedures

            •  store records

·       Credit services:

            •  customer records

            •  credit application forms

            •  terms and conditions

            •  correspondence with various parties

            •  credit agreements

·       Assets and security:

            •  procedures and schedules

8.4   To request records, these procedures must be followed:

8.4.1   The prescribed form must be used to make the request for access to a record.

8.4.2   The form may be downloaded from the Department of Justice website at www.doj.gov.za.

8.4.3   A request must be made to the Deputy Information Officer otherwise delays may occur in responding             to the request.

8.4.4  A request must be made to the address, fax number or email address of the Deputy Information            Officer, as set out above.

8.4.5  Sufficient detail of the request made must be provided on the request form to enable the Deputy            Information Officer to clearly identify the record(s) as well as the requester’s identity; proof of            identification must be provided by the requester.  

8.4.6  A requester must indicate which form of access they require.

8.4.7  A requester must identify the legal right that he/she is seeking to protect or that he/she wishes to           exercise and must provide an explanation as to why the requested record is required for the protection           or exercise of that legal right.

8.4.8  If a requester is making the request on behalf of another person, he/she must submit proof, to the           satisfaction of the Deputy Information Officer, of his/her authority to make such a request, by providing           a power of attorney in his/her favour. Failure to do so will mean that the request will be rejected.

8.4.9  The prescribed fee (if any) must be paid as set out in 11 below.

9. Other information as may be prescribed by the Minister of Justice and Constitutional Development

The Minister may publish a notice prescribing any other information that companies will have to disclose.

10.  Availability of the manual

10.1 This manual is available for inspection during office hours, at no cost, at TFG’s head office, at Stanley          Lewis Centre, 340 Voortrekker Road, Parow East, Cape Town for Foschini, Donna, The Fix, Next, Soda          Bloc, Markham, Fabiani, G-Star Raw, Exact, Sportscene, Totalsports, DueSouth, TFG Apparel Supply          Company, AmericanSwiss, Sterns, Mat & May, Charles & Keith, Colette, @home, @homelivingspace and          Hi;

10.2  A copy of this manual, can be obtained from either:

10.2.1  TFG’s head office, at the prescribed fee (if any) as set out in Item 1 of Part III of the fee schedule of Annexure A to the Regulations of the Act; or

10.2.2  The SAHRC, whose details are set out in 2 above; or

10.2.3  the Government Gazette (i.e. the Government Printers); or

10.2.4  TFG’s website at www.tfg.co.za

11.  Prescribed fees

11.1  Once a request is made, TFG will send a notice to the requester to pay the prescribed fee of R50.00.

11.2  This prescribed fee must be paid before a request will be processed.

11.3  Payment of this fee is to be made as directed by the Deputy Information Officer.

11.4  If a request is in a person’s personal capacity, payment of the prescribed fee of R50.00 may not be          required but this will be decided by the Deputy Information Officer.

11.5  The Deputy Information Officer will then make a decision in respect of the request and will notify the          requester of the decision.

11.6  Should a request be refused, the requester may approach a court against the tender or payment of the          requested fee as will be advised in the Notice to them.

11.7  If the request is granted by the court then the requester will have to pay a further access fee to TFG for          the search, reproduction and preparation of the record(s) at R30 per hour. The fees schedule can be          downloaded from the Department of Justice’s website at www.doj.gov.za

VALUE ADDED TAX: Please note that certain TFG’s companies are registered under the Value-Added Tax Act (Act No. 89 of 1991) as a vendor and may in terms thereof add value-added tax (VAT) to fees

12. Prescribed forms.

A request must be set out in the prescribed form and must be forwarded to the Deputy Information officer as indicated in C1 above.

 

 

 

 

 

 

 

 

 

PAIA Manual updated September 2017 (J Robbertze)