Leroy Merlin is committed to the observance of and compliance with the directives of the South African Constitution and national legislation which endorse the key principles of good corporate governance, transparency and accountability.
The Promotion of Access to Information Act No. 2 of 2000 (PAIA) gives effect to carry out section 32 of the South African Constitution, which focuses on the right to access information i.e. everyone has the right of access to information held by the state or a private body to enforce a culture of transparency and accountability.
Section 51 of PAIA obliges private bodies (including Leroy Merlin) to compile a manual to enable a person to obtain access to information held by such a private body and stipulates the minimum requirements that the manual has to comply with.
This manual constitutes Leroy Merlin’s PAIA manual. This manual is compiled in accordance with section 51 of PAIA as amended by the Protection of Personal Information Act, 2013 (POPIA). POPIA promotes the protection of personal information processed by public and private bodies, including certain conditions so as to establish minimum requirements for the processing of personal information. POPIA amends certain provisions of PAIA, balancing the need for access to information against the need to ensure the protection of personal information.
This PAIA manual also includes information on the submission of objections to the processing of personal information and requests to delete or destroy personal information or records thereof in terms of POPIA.
2. LIST OF ACRONYMS AND ABBREVIATIONS
Unless the context clearly indicates otherwise, the following terms shall have the meanings assigned to them hereunder, namely:-
2.1. ‘Company’ means Adeo South Africa Limited, trading as Leroy Merlin (registration number 2016/044487/07), a company duly registered and incorporated with limited liability in accordance with the company laws of the Republic of South Africa and having its principal place of business situated at 35 Roos street, Witkoppen Ext 97, Sandton, Gauteng, Republic of South Africa;
2.2. ‘Conditions for Lawful Processing’ means the conditions for the lawful processing of Personal Information as fully set out in chapter 3 of POPIA;
2.3. ‘Constitution’ means the Constitution of the Republic of South Africa, 1996;
2.4 ‘Customer' refers to any natural or juristic person that received or receives services from the Company;
2.5. Data Subject has the meaning ascribed thereto in section 1 of POPIA;
2.6. Information Officer means the Information Officer for Leroy Merlin as referred to in clause 4;
2.7. Manual means this manual prepared in accordance with section 51 of PAIA and regulation 4(1) (d) of the POPIA Regulations;
2.8. PAIA means the Promotion of Access to Information Act, 2000;
2.9. Personal Information has the meaning ascribed thereto in section 1 of POPIA;
2.10. Personnel refers to any person who works for, or provides services to or on behalf of the Company, and receives or is entitled to receive remuneration and any other person who assists in carrying out or conducting the business of the Company, which includes, without limitation, directors (executive and non-executive), all permanent, temporary and part-time staff as well as contract workers;
2.11. POPIA means the Protection of Personal Information Act, 2013;
2.12. POPIA Regulations mean the regulations promulgated in terms of section 112(2) of POPIA;
2.13. Private Body has the meaning ascribed thereto in sections 1 of both PAIA and POPIA;
2.14. Processing has the meaning ascribed thereto in section 1 of POPIA;
2.15. Responsible Party has the meaning ascribed thereto in section 1 of POPIA;
2.16. Record has the meaning ascribed thereto in section 1 of PAIA and includes Personal Information;
2.17. Requestor has the meaning ascribed thereto in section 1 of PAIA;
2.18. Request has the meaning ascribed thereto in section 1 of PAIA;
2.19. SAHRC means the South African Human Rights Commission.
3. PURPOSE OF PAIA MANUAL
This PAIA Manual is useful for the public to-
3.1. check the categories of records held by a body which are available without a person having to submit a formal PAIA request;
3.2. have a sufficient understanding of how to make a request for access to a record of the body, by providing a description of the subjects on which the body holds records and the categories of records held on each subject;
3.3. know the description of the records of the body which are available in accordance with any other legislation;
3.4. access all the relevant contact details of the Information Officer and Deputy Information Officer who will assist the public with the records they intend to access;
3.5. know the description of the guide on how to use PAIA, as updated by the Regulator and how to obtain access to it;
3.6. know if the body 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;
3.7. know the description of the categories of data subjects and of the information or categories of information relating thereto;
3.8. know the recipients or categories of recipients to whom the personal information may be supplied;
3.9. know if the body 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
3.10. know whether the body has appropriate security measures to ensure the confidentiality, integrity and availability of the personal information which is to be processed.
4. KEY CONTACT DETAILS FOR ACCESS TO INFORMATION
The Information Officer is the person to whom Requests for access to Records should be addressed. All Requests for access to Records in terms of PAIA must be in writing.
The Information Officer’s contact details are as follows:
35 Roos street
Witkoppen, Ext 97
35 Roos street
Witkoppen, Ext 97
The details of the Company are as follows:
35 Roos street
Witkoppen, Ext 97
35 Roos street
Witkoppen, Ext 97
||010 493 8000
5. GUIDE OF THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION
The South African Human Rights Commission (“SAHRC”) is mandated under PAIA to promote the right of access to information, monitor the implementation of PAIA, make recommendations to strengthen PAIA and to report annually to Parliament. The SAHRC has compiled a guide that contains information which would be reasonably required of any person wishing to exercise any rights set out in the Act. The guide is available in all the country's official languages and can be viewed at www.sahrc.org.za
Any enquiries regarding the above guide and its contents should be directed to:
The South African Human Rights Commission
PAIA Unit (the Research and Documentation Department)
Postal address: Private Bag 2700, Houghton, 2041
Telephone: +27 11 484-8300
Fax: +27 11 484-7146
Email: [email protected]
6. AUTOMATIC DISCLOSURE OF RECORDS
Information that is obtainable via the Leroy Merlin website about Leroy Merlin is automatically available and need not be formally requested in terms of this manual.
The following categories of records are automatically available for inspection, purchase or photocopying:
9.2. press releases
9.3. publication; and
9.4. various other marketing and promotional material.
7. RECORDS AVAILABLE IN TERMS OF ANY OTHER LEGISLATION
Information is retained in terms of the following legislation and is usually available only to the persons or entities specified in such legislation. The legislation includes, but is not limited to, the following:
1. The Constitution of the Republic of South Africa No.3 of 1994;
2. Companies Act No. 61 of 1973;
3. Competition Act No. 89 of 1998;
4. Insider Trading Act No. 135 of 1998;
5. Broad-Based Economic Empowerment Act No. 53 of 2003;
6. Consumer Affairs (Unfair Business Practices Act), 71 of 1988;
7. Consumer Protection Act No. 68 of 2008;
8. The Value-Added Tax Act No. 89 of 1991;
9. Income Tax Act No. 58 of 1962;
10. South African Revenue Services Act, 34 of 1997;
11. Basic Conditions of Employment Act No. 75 of 1997;
12. Employment Equity Act No. 55 of 1998;
13. Labour Relations Act No. 66 of 1995;
14. Promotion of Equality and Prevention of Unfair Discrimination Act No. 4 of 2000;
15. The Occupational Health and Safety Act No. 85 of 1993;
16. Manpower Training Act No. 56 of 1981;
17. Skills Development Act No. 97 of 1998;
18. Skills Development Levies Act No. 9 of 1999;
19. Unemployment Insurance Contributions Act No. 4 of 2002;
20. Unemployment Insurance Fund Act No. 63 of 2001;
21. The Medical Schemes Act No. 131 of 1998;
22. The Compensation for Occupational Injuries and Diseases Act No. 130 of 1993;
23. National Environment Management Act No. 107 of 1998;
24. The Atmospheric Pollution Prevention Act No. 45 of 1965;
25. The Health Act No. 63 of 1977;
26. Pension Funds Act No. 24 of 1956 Tax on Retirement Funds Act No. 38 of 1996:
27. Deeds Registries Act No. 47 of 1937;
28. Customs and Excise Amendment Act, 45 of 1995;
29. Copyright Act No. 98 of 1978:
30. Trade Marks Act No. 194 of 1993;
31. Financial Intelligence Centre Act No. 38 of 2001;
32. Prevention of Combating of Corrupt Activities Act No. 12 of 2004;
33. Prevention of Organised Crime Act No. 121 of 1998;
34. Protected Disclosures Act No. 26 of 2000;
37. Hazardous Substances Act No. 15 of 1973;
40. Electronic Communications and Transactions Act No. 25 of 2002;
41. Regulation of Interception of Communications and Provision of Communications Related Information Act No. 70 of 2002.
Although we have used our best endeavours to supply a list of applicable legislation, it is possible that this list may be incomplete. Whenever it comes to our attention that existing or new legislation allows a Requester access on a basis other than as set out in PAIA, we shall update the list accordingly. If a Requester believes that a right of access to a record exists in terms of other legislation listed above or any other legislation, the Requester is required to indicate what legislative right the request is based on, to allow the Information Officer the opportunity of considering the request in light thereof.
8. CATEGORIES OF RECORDS HELD BY LEROY MERLIN
Records maintained within the Company are outlined in Appendix A.
However, please note that recording a category or subject matter in this Manual does not imply that a Request for access to such Records would be honoured. In particular, certain grounds of refusal as set out in the Act may be applicable to a Request for such Records. All Requests for access will be evaluated on a case by case basis in accordance with the provisions of the Act.
9. CATEGORIES OF REQUESTORS
The capacity under which a Requestor makes a request for records defines the category in which the Requestor will fall into. There are four categories of Requestors:
1. A Data Subject who makes requests about themselves;
2. A Representative who makes a request on behalf of the Data Subject(s);
3. A Third Party who requests information about a Data Subject; or
4. A Public Body who requests information in the public interest.
10. GROUNDS FOR REFUSAL OF ACCESS TO RECORDS IN TERMS OF PAIA
The following are the grounds on which the Company may, subject to the exceptions contained in Chapter 4 of PAIA, refuse a Request for Access in accordance with Chapter 4 of PAIA:
10.1 mandatory protection of the privacy of a third party who is a natural person, including a deceased person, where such disclosure of Personal Information would be unreasonable;
10.2 mandatory protection of the commercial information of a third party, if the Records contain:
10.2.1 trade secrets of that third party;
10.2.2 financial, commercial, scientific or technical information of the third party, the disclosure of which could likely cause harm to the financial or commercial interests of that third party; and/or
10.2.3 information disclosed in confidence by a third party to the Company, the disclosure of which could put that third party at a disadvantage in contractual or other negotiations or prejudice the third party in commercial competition;
10.3 mandatory protection of confidential information of third parties if it is protected in terms of any agreement;
10.4 mandatory protection of the safety of individuals and the protection of property;
10.5 mandatory protection of Records that would be regarded as privileged in legal proceedings;
10.6 protection of the commercial information of the Company, which may include:
10.6.1 trade secrets;
10.6.2 financial/commercial, scientific or technical information, the disclosure of which could likely cause harm to the financial or commercial interests of the Company;
10.6.3 information which, if disclosed, could put the Company at a disadvantage in contractual or other negotiations or prejudice the Company in commercial competition; and/or
10.6.4 computer programs which are owned by the Company, and which are protected by copyright and intellectual property laws;
10.7 research information of the Company or a third party, if such disclosure would place the research or the researcher at a serious disadvantage; and
10.8 Requests for Records that are clearly frivolous or vexatious, or which involve an unreasonable diversion of resources
11. INFORMATION OR RECORDS NOT FOUND
If the Company cannot find the records that the Requestor is looking for despite reasonable and diligent search and it believes either that the records are lost or that the records are in its possession but unattainable, the Requestor will receive a notice in this regard from the Information Officer in the form of an affidavit setting out the measures taken to locate the document and accordingly the inability to locate the document.
12. REMEDIES AVAILABLE TO THE REQUESTOR UPON REFUSAL OF A REQUEST FOR ACCESS IN TERMS OF PAIA
12.1 The Company does not have internal appeal procedures. As such, the decision made by the Information Officer is final, and Requestors will have to exercise such external remedies at their disposal if the Request for Access is refused.
12.2 In accordance with sections 56(3) (c) and 78 of PAIA, a Requestor may apply to a court for relief within 180 days of notification of the decision for appropriate relief.
13. PROCEDURE FOR A REQUEST FOR ACCESS IN TERMS OF PAIA
13.1 A Requestor must comply with all the procedural requirements as contained in section 53 of PAIA relating to a Request for Access to a Record.
13.2 A Requestor must complete the prescribed Request for Access form attached as Appendix B, and submit the completed Request for Access form as well as payment of a request fee (if applicable) and a deposit (if applicable), to the Information Officer at the postal or physical address, or electronic mail address stated in clause 4 above.
13.3 The Request for Access form must be completed with enough detail so as to enable the Information Officer to identify the following:
1. the Record/s requested;
2. the identity of the Requestor;
3. the form of access that is required, if the request is granted;
4. the postal address or fax number of the Requestor;
5. and the right that the Requestor is seeking to protect and an explanation as to why the Record is necessary to exercise or protect such a right.
13.4 If a Request for Access is made on behalf of another person, the Requestor must submit proof of the capacity in which the Requestor is making the request to the reasonable satisfaction of the Information Officer.
13.5 The Company will voluntarily provide the requested Records to a Personal Requestor (as defined in section 1 of PAIA). The prescribed fee for reproduction of the Record requested by a Personal Requestor will be charged in accordance with section 54(6) of PAIA and paragraph 11 below.
Prescribed fees were published by the Minister of Justice and Constitutional Development in the Government Gazette No. 23119, General Notice No. 187 of 15 February 2002. Please refer to Appendix C for Leroy Merlin’s fee structure.
15. INFORMATION AVAILABLE IN TERMS OF POPIA
Categories of personal information collected by Leroy Merlin
Leroy Merlin may collect information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to-
- information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person;
- information relating to the education or the medical, financial, criminal or employment history of the person;
- any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person;
- the biometric information of the person;
- the personal opinions, views or preferences of the person;
- correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;
- the views or opinions of another individual about the person; and
- the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person.
The purpose of processing personal information
In terms of POPIA, data must be processed for a specified purpose. The purpose for which data is processed by Leroy Merlin will depend on the nature of the data and the particular data subject. This purpose is ordinarily disclosed, explicitly or implicitly, at the time the data is collected.
Categories of data subjects
Leroy Merlin holds information and records on the following categories of data subjects:
- customers of Leroy Merlin;
- employees / personnel of Leroy Merlin;
- Independent contractors of Leroy Merlin;
- suppliers of Leroy Merlin; and
- any third party with whom Leroy Merlin conducts business.
Categories of recipients to whom personal information may be supplied
- Depending on the nature of the personal information, Leroy Merlin may supply information or records to the following categories of recipients:
- statutory oversight bodies, regulators or judicial commissions of enquiry making a request for data;
- any court, administrative or judicial forum, arbitration, statutory commission, or ombudsman making a request for data or discovery in terms of the applicable rules;
- South African Revenue Services, or another similar authority;
- anyone making a successful application for access in terms of PAIA or POPIA; and
- subject to the provisions of POPIA and other relevant legislation, Leroy Merlin may share information about a client’s creditworthiness with any credit bureau or credit providers industry association or other association for an industry in which Leroy Merlin operates.
Transborder flows of personal information
Leroy Merlin may need to transfer a data subject's information to service providers in countries outside South Africa, these countries may not have data-protection laws which are similar to those of South Africa. Where this is done, Leroy Merlin does so in accordance with applicable laws.
16. AVAILABILITY OF THE MANUAL
This manual will be updated as required or when the relevant legislation changes. This manual is available for inspection on https://www.leroymerlin.co.za/ The manual is also available for viewing at Leroy Merlin’s head office. Copies of the manual may be made available subject to the prescribed fees.
APPENDIX A: CATEGORIES OF RECORDS HELD BY LEROY MERLIN
|Documents of Incorporation
||Memorandum of Incorporation
|Public Officer and other Prescribed Officers
||Strategic and Business Plans
|Annual Integrated Reports
||Services and Products (incl. pricing)
Records held in compliance to specific legislation, regulations and codes
|Necessary certificates in terms of the Companies Act 71 of 2008
|Minutes of meetings of committees and sub-committees
|Company policies and directives
||Internal policies and procedures
|Financial Records and Reports
|Audit Records and Reports
|Financial Policies and Procedures
||Risk Management Records
|Management Accounts and Records
||Purchase and Order Records
|A list of Leroy Merlin’s Personnel
Any personal records provided to Leroy Merlin by its Personnel
|Any records a third party has provided to Leroy Merlin about any of its Personnel
||Conditions of employment and other Personnel-related contractual and quasi-legal Records
|Internal Evaluation Records
|Employment Equity Plans of Leroy Merlin
||Employee Tax Information
|Training Schedules and Manuals
|Pension Fund Records
||Internal Policies and Procedures
||Other Internal Records and Correspondence
|BEE plans of the Company
|Any Records a customer has provided to Leroy Merlin or a third party acting on behalf of Leroy Merlin
||Any Records a third party has provided to Leroy Merlin either directly or indirectly
|Records generated by or within Leroy Merlin pertaining to the customer, including transactional records
||IT Technology capabilities
|Support and Maintenance agreements
||Records regarding computer systems
|Programs including Software License agreements
||IT Policies and Procedures
|Systems and User manuals
||Asset register for IT-related material
|System Performance Records
|Insurance policies taken for the benefit of the Company and its employees
|Licenses, material permits, consents, approvals, authorisations and certificates
||Applications for permits, licenses
|Registrations and Declarations of permits
|Information relating to Freight Agents
|Policies and Procedures
|Statistical Information on the Market
||Loyalty Program Information
|Customer Profiling / Purchase Information
||Historical Records of Promotions
|Information on Promotions, Products and Suppliers
||Strategic Marketing Campaign Documents
Records are kept in respect of other parties, including without limitation contractors, Commercial Banks, auditors and consultants, suppliers, joint venture companies and service providers, and general market conditions. In addition, such other parties may possess Records which can be said to belong to Leroy Merlin. The following Records fall under this category:
- Personnel, customer, or Leroy Merlin Records which are held by another party as opposed to being held by Leroy Merlin; and
- Records held by Leroy Merlin pertaining to other parties, including financial Records, correspondence, contractual Records, Records provided by the other party, and Records third parties have provided about the contractors or suppliers.
APPENDIX B: REQUEST FORM
Request For Correction Or Deletion Of Personal Information Or Destroying Or Deletion Of Record Of Personal Information In Terms Of Section 24(1) Of The Protection Of Personal Information Act, 2013 (Act No. 4 Of 2013) Regulations Relating To The Protection Of Personal Information, 2018
See the request form here
APPENDIX C: FEES PAYABLE
Where a Requestor submits a Request for access to information held by Leroy Merlin on a person other than the Requestor himself/herself, a Request fee in the amount of R50.00 is payable up-front before Leroy Merlin will further process the Request received. This Request fee may be paid at the time a Request is made, or the person authorised to deal with such Requests on Leroy Merlin’s behalf may notify the Requestor to pay the Request fee before processing the Request any further. A Requestor may make an application to Court to be exempted from the requirement to pay the Request fee.
If access to a Record/s is granted by Leroy Merlin, the Requestor may be required to pay an access fee for the search for and preparation of the Records and for re-production of the Record/s. The access fees which apply are set out below.
An access fee is payable in all instances where a Request for access to information is granted, except in those instances where payment of an access fee is specially excluded in terms of the Act or an exclusion is determined by the Minister in terms of Section 54(8). Leroy Merlin is entitled to withhold a Record until the required access fees have been paid.
The applicable access fees which will be payable are:
ACCESS FEE FOR REPRODUCTION
|For every photocopy of an A4-size page or part thereof
|For every printed copy of an A4-size page or part thereof held on a computer or in electronic or machine readable form
For a copy in a computer-readable form on:
-USB flash drive / Optical Compact Disc
|A transcription of visual images, for an A4-size page or part thereof
|For a copy of visual images
|A transcription of an Audio Record, for an A4-size page or part thereof
|For a copy of an Audio Record
|Search and preparation of the record for disclosure
||R30.00 per hour or part thereof, excluding the first hour, reasonably required for the search and preparation
|Access to a record containing personal information of the Requestor
|Any other access to a record as a public body made by a Requestor and another person other than the Requestor
|Postage of a record to the Requestor
|Courier of a record to the Requestor
Where an institution has voluntarily provided the Minister with a list of categories of Records that will automatically be made available to any person requesting access thereto, the only charge that may be levied for obtaining such Records, will be a fee for the reproduction of the Record in question.
Where Leroy Merlin receives a Request for access to information held on a person other than the Requestor himself/herself and the Group Information Officer upon receipt of the Request is of the opinion that the preparation of the required Record of disclosure will take more than 6 (six) hours, a deposit is payable by the Requestor. The Requestor may make an application to Court to be exempted from the requirement to pay this deposit. If a deposit is made and access to the Records requested is subsequently refused, the deposit will be repaid to the Requestor.
The amount of the deposit is equal to ⅓ (one third) of the amount of the applicable access fee.
Note: In terms of Regulation 8, Value Added Tax (VAT) must be added to all fees prescribed in terms of the Regulations.