PAIA Policy

PROMOTION OF ACCESS TO INFORMATION ACT, 2 OF 2000 (THE ACT)

SECTION 51 MANUAL of EVERYBODY WINS REAL ESTATE FRANCHISING (PTY) LTD (2009/018037/07) trading as REMAX SOUTHERN AFRICA

1. PURPOSE OF PAIA MANUAL

This PAIA Manual is useful for you to:

• check the categories of records held by Everybody Wins Real Estate Franchising (Pty) Ltd;
• have a sufficient understanding of how to make a request for access to a record, by providing a description of the subjects on which Everybody Wins Real Estate Franchising (Pty) Ltd holds records and the categories of records held on each subject;
• know the description of the records of Everybody Wins Real Estate Franchising (Pty) Ltd which are available in accordance with any other legislation;
• access all the relevant contact details of the Information Officer who will assist you with the records they intend to access;
• know the description of the guide on how to use PAIA, as updated by the Regulator and how to obtain access to it;
• know if Everybody Wins Real Estate Franchising (Pty) Ltd will process personal information, the purpose of processing of personal information and the description of the categories of data subjects and of the information or categories of information relating thereto;
• know the description of the categories of data subjects and of the information or categories of information relating thereto;
• know the categories of recipients to whom the personal information may be supplied;
• know if Everybody Wins Real Estate Franchising (Pty) Ltd has planned to transfer or process personal information outside the Republic of South Africa and the recipients or categories of recipients to whom the personal information may be supplied; and
• know whether Everybody Wins Real Estate Franchising (Pty) Ltd has appropriate security measures to ensure the confidentiality, integrity and availability of the personal information which is to be processed.

2. CONTACT DETAILS FOR ACCESS TO INFORMATION

CEO and Information Officer: Adrian Goslett

Deputy Information Officer: Juanita Pandy

Postal Address: Postnet Suite #97, Private Bag X26, Tokai, 7966

Physical Address: 39 Tokai Road, Kirstenhof, 7945

Telephone Number: 0217002000

E-mail Address: adrian@remax.co.za  or  juanita@remax.co.za

3. GUIDE IN TERMS OF SECTION 10 OF THE ACT

• 3.1 The Act allows for a requester to access records of Everybody Wins Real Estate Franchising (Pty) Ltd, if the record is required for the exercise or protection of any rights. If a public body lodges a request, the public body must be acting in the public interest. The requests must be made in accordance with section 53 and 54 of the Act – it prescribes the procedure, forms and tariffs.
• 3.2 To assist any person who wishes to exercise any right contemplated in PAIA and POPIA, a revised Guide on how to use PAIA ("Guide") was developed, in terms of section 10(1) of the Act. The Guide is available from the Information Regulator and at Everybody Wins Real Estate Franchising (Pty) Ltd office.

The contact details of the Information Regulator are:

Address: Woodmead North Office Park, 54 Maxwell Drive, Woodmead, Johannesburg 2191

Telephone Number: 0100235200

Website: https://inforegulator.org.za/

• 3.3 A requestor is required to pay the prescribed fees 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 payment of the request fee, however the records may be withheld until the fees have been paid.

4. FACILITATION OF A REQUEST FOR ACCESS TO INFORMATION

Information may be requested in accordance with the procedure prescribed in terms of The Act. Copies of the prescribed forms to be completed for submitting a request, are available at Everybody Wins Real Estate Franchising (Pty) Ltd office and https://inforegulator.org.za/wp-content/uploads/2020/07/InfoRegSA-PAIA-Form02-Reg7.pdf

5. REQUEST PROCEDURES

If you would like access to the records, the necessary request forms will need to be completed. The request forms are available at Everybody Wins Real Estate Franchising (Pty) Ltd or on https://inforegulator.org.za/

What to include in the request form:

• The record(s) requested
• The requestor information (and if an agent is lodging the request, proof of capacity)
• The form of access required
• The postal address of the requestor in South Africa
• If the requestor wishes to be informed of the decision in any manner (in addition to written) 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.

6. INFORMATION AVAILABLE IN TERMS OF OTHER LEGISLATION

• Basic Conditions of Employment Act 75 of 1997
• Broad-based Black Economic Empowerment Act 53 of 2003
• Companies Act 71 of 2008
• Consumer Protection Act 68 of 2008
• Close Corporations Act 69 of 1984
• Electronic Communications Act 36 of 2005
• Electronic Communications and Transactions Act, 25 of 2002
• Employment Equity Act 55 of 1998
• Employment Tax Incentive Act 26 of 2013
• Financial Advisory and Intermediary Services Act 37 of 2002
• Financial Intelligence Centre Act 38 of 2001
• Income Tax Act 58 of 1962
• Insolvency Act 24 of 1936
• Labour Relations Act 66 of 1995
• National Credit Act 34 of 2005
• Nonprofit Organisations Act 71 of 1997
• Occupational Health and Safety Act 85 of 1993
• Prevention of Organised Crime Act 121 of 1998
• Prevention and Combatting of Corrupt Activities Act 12 of 2004
• Protection of Personal Information Act 4 of 2013
• Promotion of Access to Information Act 2 of 2000
• Securities Transfer Act 25 of 2007
• Skills Development Levies Act 9 of 1999
• Skills Development Act 97 of 1998
• Stamp Duties Act 77 of 1968
• Tax Administration Act 28 of 2011
• Unemployment Contributions Act 4 of 2002
• Unemployment Insurance Act 63 of 2001
• Value Added Tax Act 89 of 1991

7. INFORMATION AVAILABLE IN TERMS OF THE ACT - ON REQUEST

Statutory Business Records

• Certificate of Change of Name
• Certificate of Incorporation
• Certificate to Commence Business
• Dividend Register
• Index of Members
• Memorandum of Incorporation
• Minutes of Shareholders Meetings
• Minutes of Directors Meetings
• Register of Allotments
• Register of Directors and Officers
• Shareholders Agreements
• Members Register
• Founding Statements and Amendments
• Resolutions Passed at Meetings

Accounting Records

• Annual financial statements and working papers
• General ledger
• Subsidiary ledgers (receivables, payables, etc.)
• Bank statements, cheque books, cheques
• Customer and supplier statements and invoices
• Deposit slips
• Cash books and petty cash books
• Fixed asset register
• Tax returns and assessments
• VAT returns
• Lease or instalment sale agreements
• Insurance records
• Auditor's reports

Fixed Property

• Leases
• Mortgage bonds or other encumbrances
• Title deeds

Information Technology

• Client database
• Hardware
• Internet
• Systems support, programming and development
• LAN Installations
• Operating systems
• Software packages
• Telephone exchange equipment
• Telephone lines, leased lines and data lines

Legal, Agreements and Contracts

• Acquisition or disposal documentation
• Agreements with contractors, suppliers and clients
• Franchise agreements with franchisees
• Agreements with shareholders, officers or directors
• Joint venture agreements, partnership agreements, participation, franchise, co-marketing, co-promotion or other alliance agreements
• Contracts
• Restraint agreements

Personnel Records

• Employee information records
• Employee loans
• Employment contracts
• IRP 5 and IT 3 certificates
• Leave applications
• Maternity leave policy
• Payroll
• Personnel File
• Salary slips and wage cards
• UIF, PAYE and SDL returns
• Workmen's Compensation Documents

Sales and Marketing

• Brochures, newsletters and marketing material
• Media releases

Insurance

• Claim records
• Details of coverage, limits and insurers
• Insurance policies

Intellectual Property

• Brand Manual and Trademark Guideline

Everybody Wins Real Estate Franchising (Pty) Ltd has not compiled a notice in terms of section 52(1)(a) of PAIA, and records are made available on request only.

8. PROTECTION OF PERSONAL INFORMATION PROCESSED

Everybody Wins Real Estate Franchising (Pty) Ltd is committed to protecting the privacy of personal information of our data subjects. Everybody Wins Real Estate Franchising (Pty) Ltd has dedicated policies and procedures in place to protect all personal information collected and processed by us.

8.1 What Everybody Wins Real Estate Franchising (Pty) Ltd uses your personal information for:

• To register you as a franchisee
• To employ you as an employee of Everybody Wins Real Estate Franchising (Pty) Ltd and to enable us to fulfil our function as an employer
• To process and deliver in terms of our Agreement, including processing your Data Subjects information as an Operator if needed, manage payments, fees and charges
• To collect and recover money owed to us
• To manage our relationship with you, as a client which will include: notifying you about changes to our terms or privacy policy and asking you to leave a review or take a survey
• To administer and protect the business and the website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
• To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you
• To use data analytics to improve our website, products/services, marketing, customer relationships, support services and experiences
• To make suggestions and recommendations to you about goods or services that may be of interest to you

Everybody Wins Real Estate Franchising (Pty) Ltd will only use your personal information for the purposes for which it was collected unless we reasonably consider that it is needed for another reason. We may process your personal information without your knowledge or consent in compliance with the Act, where this is required or permitted by law.

8.2 What personal information does Everybody Wins Real Estate Franchising (Pty) Ltd collect about you?

As a Responsible Party:

For franchisees:

• Identity data: name and registration number of your company or entity if you are a legal person, first name and surname and identity number if you are a natural person or the representative of a legal person
• Contact data: address, email address, contact number
• Financial data: bank account and card details
• Transaction data: details about payments and products/services you have purchased from us
• Technical data: includes IP address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this Website. As well as information about your visit, including the full URLs, clickstream to, through and from our Website (including date and time), products you viewed or searched for, page response times, errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs) and methods used to browse away from the page
• Profile data: username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses
• Usage data: information about how you use our website, products and services.
• Marketing and communications data: your preferences in receiving marketing from us and our third parties and your communication preferences.

For employees:

• Identity data: your first name and surname
• Contact data: address, email address, contact number
• Financial data: bank account details
• Technical data: includes IP address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this Website. As well as information about your visit, including the complete URLs, clickstream to, through and from our Website (including date and time), products you viewed or searched for, page response times, errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs) and methods used to browse away from the page
• Profile data: username and password for any employee-related service

For third parties, where applicable (such as suppliers or potential customers):

• Identity data: your first name and surname
• Contact data: address, email address, contact number
• Financial data: bank account details
• Transaction data: details about payments and products/services you have supplied to us
• Technical data: includes IP address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this Website. As well as information about your visit, including the full URLs, clickstream to, through and from our Website (including date and time), products you viewed or searched for, page response times, errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs) and methods used to browse away from the page
• Usage data: information about how you use our Website, products and services.
• Marketing and communications data: your preferences in receiving marketing from us and our third parties and your communication preferences.

As an Operator:

Please note as an Operator, Everybody Wins Real Estate Franchising (Pty) Ltd process certain information on behalf of its clients to fulfil the contract entered into with the client. As an Operator, Everybody Wins Real Estate Franchising (Pty) Ltd process the following information on behalf of the clients:

• Identity data: first name and surname
• Address: physical location
• Contact data: mobile number
• Financial data: bank account and card details supplied to the client by their data subject
• Transaction data: details about payments and products/services that the data subjects of our clients have purchased
• Profile data: username and password, purchases or orders made by the Date Subject, their interests, preferences, feedback and survey responses
• Marketing and communications data: Data Subject's preferences in receiving marketing from you, as our client, and their communication preferences.

8.3 Disclosure of personal information

Everybody Wins Real Estate Franchising (Pty) Ltd will not sell personal information and no personal information will be disclosed to anyone except as provided in this policy. Everybody Wins Real Estate Franchising (Pty) Ltd may disclose personal information if required by a subpoena or court order; or to comply with any law or regulation.

Everybody Wins Real Estate Franchising (Pty) Ltd may share personal information with:

• Other related companies in terms of agreements with you, as a franchisee
• Service providers under contract
• Credit bureaus to report account information
• Social media platforms when you use tools or functionality on our Website provided by those platforms (such as "recommend" or "share" buttons)
• Marketing partners where you register for events, webinars or other related events
• Public or government authorities as required by law
• Employer or organisation where you create an account or user role with an email address assigned to you as an employee, contractor or member of an organisation, that organisation may find your account and take specific actions that may affect your account
• Employees that require the personal information to do their jobs. These include our responsible management, human resources, accounting, audit, compliance, information technology, or other personnel. Any of our employees or personnel that handle your personal information will have signed non-disclosure and confidentiality agreements.

8.4 How secure is our data?

Everybody Wins Real Estate Franchising (Pty) Ltd have put into place appropriate security measures to prevent personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed, such as password protection, two-factor authentication, device control policies and other stringent security measures. In addition, Everybody Wins Real Estate Franchising (Pty) Ltd limit access to personal information to those employees, agents, contractors and other third parties. They will only process your personal data on instructions and they are subject to a duty of confidentiality.

Everybody Wins Real Estate Franchising (Pty) Ltd have put in place procedures to deal with any suspected personal information breach and will notify you and any applicable regulator of a breach where we are legally required to do so. Everybody Wins Real Estate Franchising (Pty) Ltd executes regular penetration tests using third-party software to test and indicate our technical defences' strength continually.

8.5 Data Breaches

Where there are reasonable grounds to believe that the personal information of a data subject has been accessed or acquired by any unauthorised person, Everybody Wins Real Estate Franchising (Pty) Ltd shall notify:

a) the Regulator; and

b) the data subject, unless the identity of such data subject cannot be established.

9. AVAILABILITY OF THE MANUAL

Copies of the manual are available for inspection, free of charge, at the offices of Everybody Wins Real Estate Franchising (Pty) Ltd and www.remax.co.za.