Terms, Conditions & Policies

MANUAL PREPARED IN ACCORDANCE WITH SECTION 51 OF PROMOTION OF ACCESS TO INFORMATION ACT (“PAIA”), 2 OF 2000,
AS AMENDED BY THE PROTECTION OF PERSONAL INFORMATION ACT, 4 OF 2013 (“POPIA”)

1. INTRODUCTION

This manual is published in terms of Section 51 of PAIA. It provides information on the categories of records held by Wellness Warehouse (Pty) Ltd (“the Company”) , the process to request access to records and how personal information is managed in compliance with POPIA.

2. OBJECTIVES 

The objectives of this Manual are:  

• to provide a list of all records held by Company ;  
• to set out the requirements with regard to who may request information in terms of PAIA as well as the grounds on which a request may be denied;  
• to define the manner and form in which a request for information must be submitted; 
• and  to comply with the additional requirements imposed by POPIA.

3. ENTRY POINT TO INFORMATION REQUESTS

PAIA provides that a person may only make a request for information, if that information is required for the exercise or protection of a legitimate right.  Information requests will therefore be declined unless the requester provides sufficient particulars to enable the Company to identify the right that the requester is seeking to protect as well as an explanation as to why the requested information is required for the exercise or protection of that right.  

4. COMPANY INFORMATION

Name: Wellness Warehouse (Pty) Ltd

Registration number: 2004/031926/07

Registered address:

8 Duiker Street
Beaconvale
Parow
Western Cape
7500

Postal address

PO Box 3644
Cape Town
8001

5. CONTACT DETAILS FOR ALL REQUESTS TO ACCESS INFORMATION OF THE COMPANY 

All requests made in terms of PAIA or POPIA, relating to the Company, as identified in this Manual, should be directed to the below Information Officers who have been appointed to attend to these requests:

Chief Information Officer: Stuart Sinclair

Deputy Information Officer: Elmarie Prins

Telephone Number: +27 21 003 3552

Email: informationofficer@wellnesswarehouse.com

Website: www.wellnesswarehouse.com

6. GUIDE ON HOW TO USE PAIA AND HOW TO OBTAIN ACCESS TO THE GUIDE

A guide has been compiled in terms of Section 10 of PAIA by the Information Regulator to assist persons wishing to exercise their rights under the PAIA or POPIA. This guide is available from the Information Regulator and it describes:

• What the Acts require;
• How to request information;
• Assistance available from the Information Regulator.

The guide may be obtained from the Information Regulator at:

Information Regulator (South Africa)

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

Tel: +27 (0)10 023 5200

Website: www.inforegulator.org.za

7. RECORDS HELD IN TERMS OF APPLICABLE LEGISLATION (SECTION 51(1)(d)) OF THE ACT

Where applicable and insofar as the requester complies with the requirements set out in the relevant Act, the requester may request information from the Company, which is available in terms of the following legislation, as amended:

Corporate and Governance Legislation:

• Companies Act, 71 of 2008
• Financial Intelligence Centre Act, 38 of 2001
• Competition Act, 89 of 1998
• Broad Based Black Economic Empowerment Act, 53 of 2003

Employment and Labour Legislation: 

• Basic Conditions of Employment Act, 75 of 1997
• Labour Relations Act, 66 of 1995
• Employment Equity Act, 55 of 1998
• Skills Development Act, 97 of 1998
• Skills Development Levies Act, 9 of 1999
• Occupational Health and Safety Act, 85 of 1993
• Compensation for Occupational Injuries and Diseases Act, 130 of 1993
• Unemployment Insurance Act, 63 of 2001
• Unemployment Insurance Contributions Act, 4 of 2002
• Pension Funds Act, 24 of 1956
• National Minimum Wage Act, 9 of 2018

Tax and Financial Legislation:

• Income Tax Act, 58 of 1962
• Value Added Tax Act, 89 of 1991
• Customs and Excise Act, 91 of 1964
• Securities Transfer Tax Act, 25 of 2007

Consumer Protection and Retail-Specific Legislation:

• Consumer Protection Act, 68 of 2008
• National Credit Act, 34 of 2005
• Electronic Communications Act, 25 of 2002
• Foodstuffs, Cosmetics and Disinfectants Act, 54 of 1972
• Agricultural Product Standards Act, 119 of 1990
• Weights and Measures Act, 45 of 1973
• Merchandise Marks Act, 17 of 1941

Intellectual Property:

• Copyright Act, 98 of 1978
• Patents Act, 57 of 1978
• Trademarks Act, 194 of 1993
• Designs Act, 195 of 1993

Privacy, Communication and Information Legislation:

• Promotion of Access to Information Act, 2 of 2000
• Protection of Personal Information Act, 4 of 2013
• Electronic Communications and Transactions Act, 25 of 2002
• Protection of Personal Information Act, 4 of 2013
• Regulation of Interception of Communications and Provision of Communication-related Information Act, 70 of 2002

Note: this list is not exhaustive

8. RECORDS HELD AS A MATTER OF STANDARD PRACTICE (SECTION 51(1)(e)) OF THE ACT

The Company keeps certain records in the conduct of day-to-day business and as a matter of standard practice and good governance. Listing them below does not imply that your request will be granted. Any requests for the below information will be dealt with case-by-case. Many of the below are confidential information or the property of our employees, customers and suppliers. Please ensure any requests for the below are considered carefully. 

The subjects and categories of the records held are as per below:

Corporate and Governance Legislation:

• Incorporation documents
• Memorandum of Incorporation
• Minutes of Directors and Shareholder meetings
• Share register and share certificates
• Director and shareholder resolutions

Employment and Labour Legislation: 

• Recruitment records
• Employee contracts
• HR policies and procedures
• Payroll records 
• Disciplinary records
• CCMA records
• Pension Fund records
• Medical Aid records
• Training material and records
• Employment Equity plan

Tax and Financial Legislation:

• PAYE records
• UIF records
• VAT records
• IRP5’s for employees
• Company tax returns

Consumer Protection and Retail-Specific Legislation:

• Product Policies
• Ingredient records

Intellectual Property:

• Trademarks and patents

Other (legal, accounting etc.):

• Lease agreements
• Legal records
• Domain name registration
• Insurance policies
• Annual Financial Statements
• Accounting records
• Bank statements and records
• Asset register
• Loyalty member records
• Customer records
• Sales records
• Supplier contracts
• Purchase order records
• Supplier statements and invoices
• General ledger records
• Marketing records

Note: this list is not exhaustive

9. RECORDS WHICH ARE AUTOMATICALLY AVAILABLE WITHOUT HAVING TO MAKE A REQUEST IN THE PRESCRIBED FORM

All information included in our brochures, magazine and website.

10. INFORMATION COLLECTED IN TERMS OF POPIA  

Personal Information must be processed for a specific purpose.  The purpose for which Personal Information is processed by the Company will depend on the nature of the Personal Information and the particular data subject. 

Categories of Personal Information collected by the Company:  

The Company may collect various types of Personal Information, including Special Personal Information  relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including but not limited to : name, address email, telephone number, gender, marital status, date and place of birth, nationality, employer, job title, identification numbers, company registration number;  demographic information such as your address, preferences and interests;  information relevant to the provision of our products;  information relevant to the procurement of products from suppliers;  special personal information as defined in POPIA, including information about your health, racial or ethnic origin, biometric information;  still and video images captured by CCTV at our stores or our head office. In terms of POPIA, Personal Information must be processed for a specified purpose.  

For more information on how we process personal information, please refer to our Privacy Policy available on our website. 

Requests for Personal Information must be directed to our Information Officer. 

11. PROCEDURE FOR REQUESTING A RECORD NOT AUTOMATICALLY AVAILABLE

Requester must use the prescribed form to make a request for access to the information and the request must be directed to the Information Officer at the designated address or email address set out in this manual.  The prescribed form (FORM 2) can be found here:

www.inforegulator.org.za

12. PRESCRIBED FEES

There is a prescribed fee to request access to information. These prescribed fees can be obtained at www.inforegulator.org.za and are subject to change.

The Information Officer will only consider the request once the prescribed fee has been paid. Once a decision has been made, the Requester will be noticed of the decision.

If the request is denied, the Requester may lodge an application to the Court. If the request is granted, then a further access fee is payable for the search, reproduction, preparation of the record in a format and for any time, that has exceeded the prescribed hours, to search and in order to prepare the record for disclosure.

13. GROUNDS FOR REFUSAL OF ACCESS TO INFORMATION AND/OR RECORDS

The Company may refuse a request to access certain information in terms of the Act, in the following circumstances :

(I) Protection of confidential information of a third party;

(ii) Protection of the commercial information of a third party/private body;

(iii) Protection of the safety of individuals and protection of property;

(iv) Protection of records privileged from production in legal proceedings;

(v) Protection of research information of a third party/private body;

(vi) Any other reason allowed by any applicable law.

Issued by

___________________________________________________

STUART SINCLAIR 

CEO: WELLNESS WAREHOUSE (PTY) LTD

Download a copy of our PAIA manual here.