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 No 2 of 2000 (“Act or PAIA”)

CONTENTS:

A The PAIA Manual ('Manual')
B Introduction to TFG
C Particulars in terms of the Manual:
  1.   Contact details of Information Officer and Deputy Information Officers/Business Information Security Officer
  2.   Guide to the Act
  3.   Information required in terms of the Protection of Personal Information Act:
    3.1     purpose of the processing of personal information
    3.2     description of categories of data subjects and the main categories of information processed
    3.3     categories of recipients of personal information
    3.4     transborder flows of personal information
    3.5     general description of the technical and organisational security in place to keep personal information secure.
  4.   Records available in terms of other legislation
  5.   Gaining access to records held by TFG:
    5.1.     the categories of records that are automatically available
    5.2.     what records may be requested in terms of the Act
    5.3.     categories and types of records held by TFG
    5.4.     how to request records.
  6.   Other information as may be prescribed
  7.   Availability of the Manual
  8.   Prescribed fees for private bodies
  9.   Prescribed forms
  10.   General matters

 

A. THE MANUAL

 

This Manual is drafted to assist potential requesters when applying for access to information or documents from TFG. This Manual covers any equivalent act to PAIA, in Namibia, Botswana, Eswatini, Lesotho, Zambia, Ghana and Kenya. A requester from these countries can use this Manual and the process set out herein to request information or documents from TFG.

The Manual may be amended from time to time and as soon as any amendments have been finalised, the latest version of the Manual will be made public.

A requester must contact the correct Information Officer or Deputy Information Officer/Business Information Security Officer (“BISO”) as stipulated 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.
 
"Data Subject"
means the person to whom personal information relates.
 
"Information Regulator"
means the regulator established in terms of the Protection of Personal Information Act No. 4 of 2013 ("POPIA")
 
"Manual"
means this Manual, which is available at the head office of TFG and on its website.
 
"Personal Information"
means information relating to an identifiable, living, natural person and where it is applicable, an identifiable, existing juristic person; as fully defined in POPIA.
 
"Record"
means any recorded information held by TFG regardless of form or medium and whether or not is was created by TFG.
 
"Requester"
means any person, including, but not limited to, a public body or an official thereof, or any person acting on behalf of such a person requesting access to a record of TFG.
 
"The Foschini Group Limited/TFG"
means The Foschini Group Limited and all of its subsidiary companies in South Africa, Namibia, Botswana, Eswatini, Lesotho, Zambia, Ghana and Kenya.
 
"SAHRC"
means the South African Human Rights Commission.
 

B. INTRODUCTION TO THE FOSCHINI GROUP LIMITED

The Foschini Group Limited is a holding company whose shares are listed on the Johannesburg Stock Exchange. Its subsidiary, Foschini Retail Group Proprietary Limited, trades as the following retail brands @home, @homelivingspace, American Swiss, Charles and Keith, Collette, Donna, DueSouth, Exact, Fabiani, Foschini, G-Star, Hi, Markham, sportscene, Sterns, The FIX, Totalsports and TFG Insurance; selling clothing, jewellery, accessories, cosmetics, sporting apparel, homeware and insurance and publishing products. This Manual covers The Foschini Group Limited and all of its subsidiaries in South Africa, Namibia, Botswana, Eswatini, Lesotho, Zambia, Ghana and Kenya. The manual also covers TFG’s Retirement Fund through its subsidiary Foschini Retail Group Proprietary Limited.

TFG is a private body as defined in the Act.

C. PARTICULARS IN TERMS OF THE MANUAL

1.            Contact details of Information Officers

  TFG

 

  Chief Executive Officer and Information Officer:

  Anthony Edward Thunström

  Deputy Information Officer/BISO:

  Suren Naidoo for all of the brands and companies listed in paragraph B above.

  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

  Websites:

  www.tfg.co.za and www.tfglimited.co.za

  Email:

  proatia1@tfg.co.za

  AND

 

  Deputy Information Officer/BISO:

  Ian Gage for all credit related matters for Foschini Retail Group Proprietary Limited.

  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

  Websites:

  www.tfg.co.za and www.tfglimited.co.za

  Email:

  proatia@tfg.co.za

  AND

 

  Deputy Information Officer/BISO:

  Caron Harris for TFG Retirement Fund.

  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

  Websites:

  www.tfg.co.za and www.tfglimited.co.za

  Email:

  proatia@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:

  SAHRC

 

  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 11 484-0582

  Website:

  www.sahrc.org.za

  E-mail:

  PAIA@sahrc.org.za

 

3.            Information required in terms of POPIA

3.1          Description of categories of Data Subjects and the main categories of Personal Information processed

Category of Data Subject

  Main categories of Personal Information processed

Customers

Name, contact information, identification information, employment information, banking details, credit information, TFG website preferences, marketing preferences, delivery information and other information shared with TFG by customers (e.g. via social media or product reviews) and any other information required to carry out a legal duty or contractual obligation.

Employees

The same categories as customers but includes other information relating to the employment and possible employment relationship with TFG, and any other information required to carry out a legal duty or contractual obligation.

Suppliers, service providers and third parties

Name or company information, contact information, banking details and any other information required to carry out a legal duty or contractual obligation.

 

3.2          Purpose of the processing of Personal Information

Performance of any duties in terms of any agreement concluded with our customers;
Conducting credit assessment during our credit account application process;
Managing of customer accounts which may include various correspondences addressed to such customers;
For the development and/or improvement of products offered to our customers;
Recovering of debt owed to us;
Conducting market research, statistical analysis and making strategic business decisions;
Marketing of any products or offering to customers which may be of interest to them;
To manage our relationship with TFG employees and suppliers, service providers and third parties for operational reasons.

3.3          Categories of recipients of Personal Information

The following categories of recipients (with a legitimate need to know and process Personal Information for operational requirements) may receive Personal Information:

suppliers, service providers and third parties as required for TFG’s business to function
credit bureaus
regulators, government authorities and ombudsmen
financial institutions
TFG employees
TFG subsidiaries companies
 

3.4          Transborder flows of Personal Information

TFG transfers, processes and stores Personal Information outside of South Africa. TFG also receives, processes and stores Personal Information from TFG subsidiaries outside of South Africa. Where Personal Information crosses South Africa’s borders, technical and organisational security measures are in place to ensure the safety of Personal Information and in addition, TFG will also obtain the consent of the data subject and have service level agreements in place with the parties concerned to ensure that the information is adequately protected.

3.5          General description of the technical and organisational security in place to keep Personal Information secure

TFG has taken appropriate and reasonable technical and organisational steps to protect the Personal Information in its possession to ensure that it remains secure. The security measures include physical, technological and procedural safeguards which are in line with industry best practice.

For more detail on this paragraph 3, please refer to TFG’s Privacy Statement which is available on our websites www.tfg.co.za and www.tfglimited.co.za, or by following this direct link https://www.tfg.co.za/privacy-statement.

4.            Records available in terms of other legislation

TFG keeps information or documents in accordance with the following legislation* as amended or replaced from time to time (please note that this is not an exhaustive list):

4.1 Administration of Estates Act, No. 66 of 1965
4.2 Alienation of Land Act No. 68 of 19814.3
4.3 Arbitration Act No. 42 of 1965
4.4 Banks Act No. 94 of 1990
4.5 Basic Conditions of Employment No.75 of 1997 (including Sectoral Determination 9: Wholesale and Retail Sector)
4.6 Broad Based Black Economic Empowerment Act No. 53 of 2003
4.7 Closed Pension Fund Act No. 197 of 1993
4.8 Companies Act No. 61 of 1973
4.9 Companies Act No. 71 of 2008
4.10 Compensation for Occupational Injuries and Diseases Act No.130 of 1993
4.11 Competition Act No. 89 of 1998
4.12 Consumer Affairs (Unfair Business Practices) Act No. 71 of 1988
4.13 Consumer Protection Act No. 68 of 2008
4.14 Copyright Act No. 98 of 1978
4.15 Credit Agreements Act No. 75 of 1980
4.16 Criminal Procedure Act No. 51 of 1977
4.17 Currency and Exchanges Act No. 9 of 1933
4.18 Customs and Excise Act No. 91 of 1964
4.19 Debt Collectors Act No. 114 of 1998
4.20 Employment Equity Act No. 55 of 1998
4.21 Electronic Communications and Transactions Act No. 25 of 2002
4.22 Finance Act No. 35 of 2000
4.23 Financial Advisory and Intermediary Services Act No. 37 of 2003
4.24 Financial Intelligence Centre Act No. 38 of 2001
4.25 Financial Markets Act No. 19 of 2012
4.26 Financial Sector Regulation Act No. 9 of 2017
4.27 Financial Services Board Act No. 97 of 1990
4.28 Financial Services Ombud Schemes Act 37 of 2004
4.29 Foodstuffs, Cosmetics and Disinfectants Act No. 54 of 1972
4.30 General Pensions Act No. 29 of 1979
4.31 Harmful Business Practices Act No. 23 of 1999
4.32 Home Loan and Mortgage Disclosure Act No. 63 of 2000
4.33 Import and Export Control Act No. 45 of 1963
4.34 Income Tax Act No. 95 of 1967
4.35 Insider Trading Act No. 135 of 1998
4.36 Insolvency Act No. 24 of 1936
4.37 Insurance Act No 27 of 1943
4.38 Intellectual Property Laws Amendments Act No. 38 of 1997
4.39 Labour Relations Act No. 66 of 1995
4.40 Long Term Insurance Act No. 52 of 1998
4.41 Medical Schemes Act No. 131 of 1998
4.42 Merchandise Marks Act No. 17 of 1941
4.43 National Building Regulations and Building Standards Act No. 103 of 1977
4.44 National Credit Act No. 34 of 2005
4.45 National Environmental Management: Waste Act No. 59 of 2008
4.46 Occupational Health & Safety Act No. 85 of 1993
4.47 Pension Funds Act No. 24 of 1956
4.48 Post and Telecommunications-Related Matters Act No. 44 of 1958
4.49 Price Control Amendment Act, No. 80 of 1967
4.50 Prescribed Rate of Interest Act No. 55 of 1975
4.51 Prevention and Combating of Corrupt Activities Act No. 12 of 2004
4.52 Promotion of Access to Information Act No. 2 of 2000
4.53 Protected Disclosures Act No. 26 of 2000
4.54 Protection of Businesses Act No. 99 of 1978
4.55 Protection of Personal Information Act No. 4 of 2013
4.56 Regional Services Councils Act No. 109 of 1985
4.57 Regulation of Interception of Communications and Provision of Communication Related Information Act No 70 of 2002 (as amended)
4.58 SA Reserve Bank Act No. 90 of 1989
4.59 Second Hand Goods Act No. 23 of 1955
4.60 Sale and Services Matters Act No. 25 of 1964
4.61 Securities Services Act No. 36 of 2004
4.62 Securities Transfer Tax Act no.25 of 2007
4.63 Short Term Insurance Act No. 53 of 1998
4.64 Skills Development Levies Act No. 9 of 1999
4.65 Skills Development Act No. 97 of 1998
4.66 Stamp Duties Act No. 77 of 1968
4.67 Standards Act No. 29 of 1993
4.68 Stock Exchange Control Act No. 1 of 1985
4.69 Tax on Retirement Funds Act No. 38 of 1996
4.70 Trade Practices Act No. 76 of 1976
4.71 Trade Marks Act No. 194 of 1993
4.72 Unemployment Contributions Act No. 4 of 2002
4.73 Unemployment Insurance Act No. 63 of 2001
4.74 Usury Act No 73 of 1968
4.75 Value Added Tax Act No. 89 of 1991

*And any equivalent legislation (where applicable) in Namibia, Botswana, Eswatini, Lesotho, Zambia, Ghana and Kenya.

5.       Gaining access to records held by TFG

5.1          All records regarding the granting of credit, including account applications, insurance and publishing products held, 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. Positive proof of identification must be provided by the requester on making a request for this type of information.

5.2.        Requests for records in respect of:

5.2.1      The brands and companies listed in paragraph B above must be forwarded to the following Deputy Information Officer/BISO:

 

  Deputy Information Officer/BISO:

  Suren Naidoo

  Contact details appear on pages 3 and 4 of this Manual.

 

5.2.2      Requests for records all credit related matters for Foschini Retail Group Proprietary Limited must be forwarded to the following Deputy Information Officer/BISO:

  Deputy Information Officer/BISO:

  Ian Gage

  Contact details appear on page 4 of this Manual.

 

5.2.3      Requests for records regarding TFG Retirement Fund must be forwarded to the following Deputy Information Officer/BISO:

  Deputy Information Officer/BISO:

  Caron Harris

  Contact details appear on pages 4 and 5 of this Manual.

 

5.3          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 and patents
  •  licenses
  •  copyrights and designs
  •  title deeds
  •  lease agreements
HUMAN RESOURCES:
  •  policies and procedures
  •  employment equity plans and reports
  •  skills development plans
  •  pension records
  •  IR disciplinaries, grievance procedures and hearings
  •  CCMA records
  •  records and reports
ADMINISTRATION, 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.
INSURANCE:
  •  Customer records
  •  Application forms
  •  Policy and disclosures notices
PUBLISHING:
  •  Customer Records
5.4 To request records, the following procedures must be followed:
5.4.1 The prescribed form must be used to make the request for access to a record.
5.4.2 The form can be downloaded from the Department of Justice and Constitutional Development's website at http://www.justice.gov.za/
5.4.3 A request must be made to the correct Deputy Information Officer/BISO, or delays may occur in responding to the request.
5.4.4 A request must be made to the address or email address of the correct Deputy Information Officer/BISO, as set out above.
5.4.5 Sufficient detail of the request made must be provided on the request form to enable the Deputy Information Officer/BISO to clearly identify the record(s) as well as the requester’s identity; and positive proof of identification must be provided by the requester.
5.4.6 A requester must indicate which form of access they require.
5.4.7 A requester must identify the legal right that he/she is seeking to protect or that he/she wishes to exercise and he/she must provide an explanation as to why the requested record is required for the protection or exercise of that legal right.
5.4.8 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/BISO, of their 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.
5.4.9 The prescribed fee (if any) must be paid as set out in paragraph 8 below.

6.       Other information as may be prescribed by the Minister of Justice and Constitutional Development (“Minister”)

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

7.       Availability of the Manual

7.1 This Manual is available for inspection during office hours, at no cost, at TFG’s head office, situated at Stanley Lewis Centre, 340 Voortrekker Road, Parow East, Cape Town
7.2 A copy of this Manual can be obtained from either:
7.2.1 our head office, at the prescribed fee (if any) as set out in Item 1 of Part III of Annexure A of the PAIA Regulations
7.2.2 the SAHRC or the Information Regulator (once POPIA becomes fully operational), whose details are set out in paragraph 2 above on pages 4 and 5 of this Manual
7.2.3 the Government Gazette (i.e. the Government Printers)
7.2.4 our websites at www.tfg.co.za or www.tfglimited.co.za

8.       Prescribed fees

8.1 Once a request is made, TFG will send notice to the requester to pay the prescribed fee of R50.00.
8.2 This prescribed fee must be paid before a request will be processed.
8.3 Payment of this fee is to be made as directed by the Deputy Information Officer/BISO.
8.4 If a request is in a person’s personal capacity, payment of the prescribed fee of R50.00 may not be required. This decision will be in the sole discretion of the relevant Deputy Information Officer/BISO.
8.5 The Deputy Information Officer/BISO will then make a decision in respect of the request and will notify the requester of his/her decision.
8.6 Should a request be refused, the requester may approach a court or the Information Regulator (when POPIA becomes fully operational), against the tender or payment of the requested fee as will be advised in the notice to him/her by the Deputy Information Officer/BISO.
8.7 If a request is granted then the requester will have to pay a further access fee of R30 per hour for the search, reproduction and preparation of the record(s) as well as for any time, which exceeds six hours, to search for and prepare the record(s) for disclosure to him/her.
8.8 The fees schedule can be downloaded from the Department of Justice and Constitutional Development’s website at http://www.justice.gov.za/

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

9.       Prescribed forms

A request must be set out in the prescribed form and must be forwarded to the Deputy Information Officers/BISO as indicated in paragraph C1 above on pages 3 to 4 of this Manual.

10.   General matters

  Action

  Title

  Contact details

  Owned by:

  Head of Enterprise Architecture and Information Security, GRC/Deputy Information Officer/BISO

  surenn@tfg.co.za

  Administered by:

  Legal Compliance Specialist: SA

  antonioj@tfg.co.za

 

 

Version: September 2019

Policy owner: Head of Enterprise Architecture and Information Security, GRC