PAIA Manual

1. Introduction

This Manual is published in terms of Section 51 of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000) ('the Act'). The Act gives effect to the provisions of Section 32 of the Constitution, which provides for the right of access to information held by the State and to information held by another person that is required for the exercise and/or protection of any right.

The reference to any information in addition to that specifically required in terms of Section 51 of the Act does not create any right or entitlement (contractual or otherwise) to receive such information, other than in terms of the Act.

2. Overview

Eques Digital Agency provides web design, app development, marketing, brand identity, hosting & care, and photography services to businesses that want to grow their presence online.

Eques Digital Agency supports the constitutional right of access to information and we are committed to provide you access to our records in accordance with the provisions of the Act, the confidentiality we owe third parties and the principles of South African law.

3. Availability of this manual

A copy of this Manual is available on request from the Information Officer by email. The Manual may also be obtained from the South African Human Rights Commission ('SAHRC') at the addresses set out below. This Manual will be updated from time to time, as and when required.

4. How to request access to records

Requests for access to records held by Eques Digital Agency must be made on the request form that is available from the SAHRC website (www.sahrc.org.za) or the Department of Justice and Constitutional Development (www.justice.gov.za) (under 'regulations'). Note that requests need not be accompanied by payment BUT will only be processed upon payment of the prescribed fees.

Requests for access to records must be made to our Information Officer at the electronic mail address provided for below.

The requester must provide sufficient detail on the request form to enable the Information Officer to identify the record and the requester. The requester should also indicate which form of access is required and indicate if he or she wishes to be informed in any other manner and state the necessary particulars to be so informed.

The requester must identify the right that he or she is seeking to exercise or protect and provide an explanation of why the requested record is required for the exercise or protection of that right. If a request is made on behalf of a person, the requester must then submit proof of the capacity in which the requester is making the request to the satisfaction of the Information Officer of Eques Digital Agency.

Kindly note that all requests to Eques Digital Agency will be evaluated and considered in accordance with the Act. Publication of this manual and describing the categories and subject matter of information held by Eques Digital Agency does not give rise to any rights (in contract or otherwise) to access such information or records except in terms of the Act.

5. Contact details

• Name of Private Body: Eques Digital Agency
• Designated Information Officer: The Managing Director of Eques Digital Agency (as the head of the private body, in terms of the Act)
• Email address of Information Officer: eques.communications@gmail.com
• Phone number: (+27) 71 773 7171 / (+27) 79 736 2576
• Postal / street address: Eques Digital Agency operates online; address available on written request to the email above.

6. How to access the guide as described in section 10 of the Act

The Guide described in Section 10 of the Act is available from the South African Human Rights Commission. Please direct any queries 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 11 484-0582
• Website: www.sahrc.org.za
• E-mail: paia@sahrc.org.za

7. Voluntary disclosure

Eques Digital Agency has not published a notice in terms of Section 52(2) of the Act, however, it should be noted that the information relating to Eques Digital Agency and its services is freely available on Eques Digital Agency's website. Certain other information relating to Eques Digital Agency is also made available on such website from time to time.

Further information in the form of marketing brochures, advertising material and other public communication is made available from time to time.

8. Records available in terms of other legislation (section 51(1)(d))

Access to the records held by the private body in question: (i) the latest notice regarding the categories of records of the body, which are available without a person having to request access in terms of this Act in terms of section 52(2), read with section 51(1)(c): not applicable.

• Basic Conditions of Employment Act No. 75 of 1997
• Companies Act 71 of 2008
• Electronic Communications and Transactions Act 25 of 2002
• Labour Relations Act 66 of 1995
• Promotion of Access to Information Act No. 2 of 2000
• Protection of Personal Information Act No. 4 of 2013
• Skills Development Levies Act No. 9 of 1999
• Skills Development Act No. 97 of 1998
• Unemployment Insurance Contributions Act No. 4 of 2002
• Unemployment Insurance Act No. 63 of 2001

9. Records held by Eques Digital Agency

Eques Digital Agency maintains records on the following categories and subject matters. 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. All requests for access will be evaluated on a case by case basis in accordance with the provisions of the Act.

Internal records

• Memorandum and Articles of Association
• Financial records
• Operational records
• Intellectual property (including creative assets, brand and campaign materials developed in-house)
• Marketing records
• Internal correspondence
• Service/project records
• Statutory records
• Internal policies and procedures

Personnel records

Personnel refers to any person who works for or provides services to or on behalf of Eques Digital Agency and receives or is entitled to receive any remuneration and any other person who assists in carrying out or conducting the business of Eques Digital Agency. This includes, without limitation, directors, executive directors, non-executive directors, all permanent, temporary and part-time staff as well as contract workers. Personnel records include the following:

• Any personal records provided to Eques Digital Agency by their personnel
• Any records a third party has provided to Eques Digital Agency about any of their personnel
• Conditions of employment and other personnel-related contractual and quasi legal records
• Internal evaluation records
• Other internal records and correspondence

Client records

Please be aware that Eques Digital Agency is very concerned about protecting the confidential information of its clients. Please motivate any request for client information very carefully, having regard to Sections 63 to 67 of the Act. Client information includes the following:

• Any records a client has provided to Eques Digital Agency or a third party acting for or on behalf of Eques Digital Agency
• Contractual information
• Client needs assessments and briefs
• Personal records of clients
• Credit information and other research conducted in respect of clients
• Any records a third party has provided to Eques Digital Agency about clients
• Confidential, privileged, contractual and quasi legal records of clients
• Client evaluation records
• Client profiling
• Performance research conducted on behalf of clients or about clients (including campaign performance and analytics data)
• Any records a third party has provided to Eques Digital Agency either directly or indirectly
• Records generated by or within Eques Digital Agency pertaining to clients, including transactional records

Technical records

Technical records generated by, or within Eques Digital Agency pertaining to clients, including website, hosting, and analytics data.

Other parties

Records are kept in respect of other parties, including without limitation contractors, suppliers, joint ventures, service providers and general market conditions. In addition, such other parties may possess records, which can be said to belong to Eques Digital Agency. The following records fall under this category:

• Personnel, client or Eques Digital Agency records which are held by another party as opposed to being held by Eques Digital Agency
• Records held by Eques Digital Agency pertaining to other parties, including financial records, correspondence, contractual records, electronic mail, logs, cached information, records provided by the other party, and records third parties have provided about the contractors/suppliers or clients

Other records

Further records are held including:

• Information relating to Eques Digital Agency's own commercial activities
• Research carried out on behalf of a client by Eques Digital Agency or commissioned from a third party for a client
• Research information belonging to Eques Digital Agency, whether carried out itself or commissioned from a third party