PAIA Manual

This privacy policy has been compiled to better serve those who are concerned with how their 'Personally Identifiable Information' (PII) is being used online. PII, as described in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.

01

Introduction

The Promotion of Access to Information Act, No. 2 of 2000 (“the Act”) was enacted on 3 February 2000, giving effect to the constitutional right of access to any information held by the State and any information that is held by another person which is required for the exercise or protection of any rights.

Where a request is made in terms of the Act, the body to whom the request is made is obliged to release the information, except where the Act expressly provides that the information may or must not be released. The Act sets out the requisite procedural issues attached to such request.

02

Purpose

The purpose of this manual is to promote transparency in our stakeholders’ access to information. We believe that access to information is the core foundation to sound corporate governance and strong stakeholder relationships.

The Manual aims to provide the following information:

  1. Description of the Records held by Bettr and any related third parties
  2. Procedure and Fees in relation to information access

Section 9 of the Act recognises that such a right to access information cannot be unlimited and should be subject to justifiable limitations, including, but not limited to:

  1. Limitations aimed at the reasonable protection of privacy
  2. Commercial confidentiality
  3. Effective and efficient governance and in a manner which balances that right with any other rights, including such rights contained in the Bill of Rights in the Constitution.

03

Contact Details

Bettr Proprietary Limited (“Bettr”) provides its customers access to a platform which enables them to access a regulated bank account, payment card and an open marketplace of financial services provided by trusted third parties. The key contact details for any enquiry in relation to access to records are listed below:

  • Company name: Bettr Proprietary Limited
  • Information Officer: Malcolm Parker
  • Physical Address: 8th Floor, 6 Rua Vasco da Gama Plain, Cape Town, 8000
  • Postal Address: 8th Floor, 6 Rua Vasco da Gama Plain, Cape Town, 8000
  • E-mail: informationofficer@bettr.app

The South African Human Rights Commission ("SAHRC") has compiled, in each official language, a guide on how to use the Promotion of Access to Information Act 2 of 2000, which can be found on their website (www.sahrc.org.za). The guide will contain such information as may reasonably be required by a person who wishes to exercise any right contemplated in the Act. Any enquiries regarding this guide should be directed to:

  • Name: The South African Human Rights Commission
  • Telephone Number: (011) 877 3600
  • Fax Number: (011) 403 0625
  • Physical Address: Forum III, 33 Hoofd Street, Braampark Braamfontein, 2001
  • Postal Address: Private Bag 2700, Houghton, 2041
  • Website: https://www.sahrc.org.za/
  • E-mail: info@sahrc.org.za

04

Records Held by Bettr

Given Bettr’s private company designation, all information held by Bettr is protected under strict confidentiality. That being said, Bettr will only disclose information held under the following circumstances:

  1. if Bettr is legally compelled to do so by law;
  2. if it is in the public interest to disclose information; and
  3. if consent to share the information is granted.

Records held by Bettr are classified broadly across the following categories. Please note that the disclosure of the following records does not imply that an information request in relation to these records will be granted. Each request is considered according to the circumstances specific to the request (see section 7 below).

A. Customer Records

Customer records constitute the personal information which:

  1. a customer has provided to Bettr;
  2. a customer has provided to a third party, acting for or on behalf of Bettr;
  3. a third party has provided to Bettr in relation to a customer; or
  4. is generated internally by Bettr in relation to a customer.

The main categories of personal information in relation to Customers, processed in the ordinary course of business, are summarised below:

  1. Identification particulars;
  2. Contact particulars;
  3. Internal and external transaction records;
  4. Marketing records; and
  5. Customer correspondence records.

B. Bettr Records

Bettr records describe information pertaining to Bettr’s own internal affairs, which include but are not limited to:

  1. Financial information;
  2. Operational information;
  3. Strategic information;
  4. Marketing Information;
  5. Product information;
  6. Information systems; and
  7. Other policies and procedures.

C. Personnel Records

Personnel refers to any person who works for or provides services to or on behalf of Bettr and receives or is entitled to receive any remuneration. This includes, but is not limited to, directors, all permanent, temporary and part-time employees and contractors. Personnel records include the following information:

  1. Any personal records provided to Bettr by their personnel;
  2. Any records a third party has provided to Bettr regarding its personnel;
  3. Conditions of employment and other personnel-related contractual and quasi legal records;
  4. Internal evaluation records; and
  5. Other internal records and correspondence.

Personal information in relation to Personnel, processed in the ordinary course of business, is summarised below:

  1. Identification particulars;
  2. Contact particulars;
  3. Internal employment;
  4. Marketing records; and
  5. Personnel correspondence records.

D. Records Automatically Available

Certain records are automatically available and can be accessed without following a formal request procedure. These records by nature usually do not contain any confidential information. The following records are automatically available at Bettr’s head office or on Bettr's website (https://bettr.app):

  1. Press releases;
  2. Circulars;
  3. Newsletters; and
  4. Other literature intended for public viewing.

Other records relating juristic information of Bettr is available for the Company Intellectual Property Commission’s (CIPC) website (www.cipc.co.za/za/) for example:

  1. Directors’ Details;
  2. Memorandum of Incorporation;
  3. Incorporation Documents; and
  4. Other documents available from the CIPC directly.

05

Records Available in Terms of Other Legislation

Information is available in terms of the following legislation, if and where applicable. Note this is not an exhaustive list:

  1. Basic Conditions of Employment Act 75 of 1997
  2. Companies Act 71 of 2008
  3. Compensation for Occupational Injuries and Diseases Act 130 of 1993
  4. Consumer Protection Act 68 of 2008
  5. Copyright Act 98 of 1978
  6. Electronic Communications and Transactions Act 25 of 2002
  7. Employment Equity Act 55 of 1998
  8. Financial Intelligence Centre Act 38 of 2001
  9. Income Tax Act 58 of 1962
  10. Labour Relations Act 66 of 1995
  11. Occupational Health and Safety Act 85 of 1993
  12. Prevention and Combating of Corrupt Activities Act 12 of 2004
  13. Promotion of Access to Information Act 2 of 2000
  14. Protection of Personal Information Act 4 of 2013
  15. Regional Services Councils Act 109 of 1985
  16. Regulation and Interception of Communications and Provision of Communication Related information Act 70 of 2002
  17. Skills Development Act 97 of 1998
  18. Skills Development Levies Act 9 of 1999
  19. Unemployment Contributions Act 4 of 2002
  20. Unemployment Insurance Act 63 of 2001
  21. Value Added Tax Act 89 of 1991

06

Request Refusal

All requests for access to information are assessed on a case by case basis by the Information Officer. Request for access to information may be refused on the following bases:

  1. Protection of the privacy of a third party who is a natural person, which could involve the unreasonable disclosure of personal information of that natural person.
  2. Protection of the commercial information of a third party, if the record contains: a) Trade secrets; b) Financial, commercial, scientific or technical information which disclosure could likely cause harm to financial or commercial interests; or c) Information disclosed in confidence by a third party to Bettr which disclosure could likely cause harm to financial or commercial interests.
  3. Protection of confidential information of third parties if it is protected in terms of any agreement.
  4. Protection of the safety of individuals and the protection of property.
  5. Protection of records that would be regarded as privileged in legal proceedings.
  6. The commercial activities of Bettr, which may include: a) Trade secrets; b) Financial, commercial, scientific or technical information which disclosure could likely cause harm to the financial or commercial interests; c) Information, which, if disclosed, could put Bettr at a disadvantage in negotiations or commercial competition; d) A computer programme / software which is owned by Bettr, and which is protected by copyright.
  7. The research information of Bettr or a third party, if its disclosure would disclose the identity of Bettr, the researchers or the subject matter of the research or would place the research at a disadvantage.
  8. Requests for information that are frivolous, vexatious or which involve an unreasonable allocation of resources.

07

How to Request Access to Records

Requests for access to records held by the Bettr must be made using the prescribed Form C. Requests for access to records must be made to Bettr at the address or email address provided. Should a requester be unable to provide a written request, the requester may make a verbal request with the Information Officer.

The requester must ensure the following is provided within the form in relation to their request:

  1. sufficient detail to enable Bettr to identify the record
  2. sufficient detail to enable Bettr to identify the requester
  3. the right that the requester seeks to exercise or protect and an explanation of why the requested record is required for the exercise or protection of that right
  4. If a request is made on behalf of a person, proof of the capacity in which the requester is making the request to the satisfaction of Bettr
  5. Manner of access to which the request wishes to access the record
  6. The language in which the requester wishes to receive the record

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

Bettr will respond 30 days after receiving the request. The Information Officer may request an extension for a period of no more than 30 additional days for specific reasons, which include the request involving:

  1. a large volume of documents,
  2. consultation with other public or private entities,
  3. or if the requester has granted the extension in writing.

Only one extension is allowed per PAIA request.

08

Remedies for Non-Compliance

Bettr does not have an internal appeal procedure and therefore the decision as stipulated by the Information Officer is final. Should the requester be dissatisfied with the decision, the requester has the right to approach a court for relief within 180 days of being informed of the decision. The requester may bring to the court’s attention their dissatisfaction regarding:

  1. The imposition of fees
  2. The response timeframe
  3. Decision by the Information Officer
  4. Record provided in a different form than to what was originally requested

09

Cost to Access Records

There are costs associated with requesting access to records as stipulated by the Act. The fees to request access to records are listed below:

  • Request Fee *: R 50.00
  • Access Fees (see below)**:
  • Copy per A4 page: R 1.10
  • Printing per A4 page: R 0.75
  • Copy on a CD: R 70.00
  • Transcription of visual images per A4 page: R 40.00
  • Copy of visual image: R 60.00
  • Transcription of an audio recording: R 20.00
  • Copy of an audio recording: R 30.00
  • Search and preparation of the record for disclosure: R 30.00 per hour or part thereof, excluding the first hour, reasonably required for search and preparation

* The Request Fee is exempt for a requester if the requester is requesting access to personal information however the access fees are still due.

** Requesters who earn less than R14,712.00 per year (if single) and R27,192.00 per year (if married or in a life partnership), do not have to pay access fees.

Postage fees must be paid by the requester.

If the Information Officer thinks that the collection and reproduction of documents will take longer than six hours, he/she must inform the requester (by formal notice) that one third of the access fee is payable upfront as a deposit.

If the record is not provided in the form requested, the access fee that is charged to the requester must not exceed the fee that would have been charged if access was granted in the form requested. However, this rule does not apply when an alternative form is required because information had to be severed from the record.

If the requester cannot read, view or hear the record in the form held by a public body because of a disability, the public body is required to provide the record in a form that is accessible to the requester.

The access fee charged to the requester must not exceed the fee that would have been charged but for the disability.

10

Prescribed FORM C

Download PAIA form here