PAIA manual of Apollo Brands proprietary limited
Version control
Version
1
Effective date
23 August 2024
Approved by
Damian Perkins
Key contacts
Information Officer
Shaun Turner
shaun@aresholdings.co.za
Deputy Information Officer(s)
Nikki Swingburn
nikki@apollobrands.co.za
1.
About us
1.1.
Apollo Brands (Pty) Ltd (the 'Company', 'we', 'us', or 'our') is a private company registered and operating in accordance with the laws of the Republic of South Africa, situated at 2nd floor, Block 3, Northgate Park, Section Street, Paarden Eiland, Cape Town, Western Cape, 7441 ("offices"). At the Company, we understand the importance of transparency and value your right of access to information.
2.
About this PAIA manual
2.1.
This manual is published pursuant to section 51 of the Promotion of Access to Information Act No. 2 of 2000 ("PAIA").
2.2.
A copy of this manual is available:
2.2.1.
at https://underarmour.co.za/ ("website");
2.2.2.
at our offices during ordinary business hours;
2.2.3.
to any person upon request and upon the payment of a reasonable prescribed fee; and
2.2.4.
to the Information Regulator upon request.
2.3.
We may update this manual from time to time by publishing a revised version on our website which shall take effect on the date of publication.
3.
Definitions
3.1.
In this manual, the following terms (as capitalised), shall have the meanings assigned below:
3.1.1.
"Information Regulator" means the independent body established in terms of section 39 of the Protection of Personal Information Act 4 of 2013;
3.1.2.
"POPIA" means the Protection of Personal Information Act 4 of 2013;
3.1.3.
"Record" means any recorded information in the possession or under the control of the Company, whether or not it was created by the Company, regardless of form or medium.
4.
Entry point for access to information requests
4.1.
Section 50 of PAIA provides that the Company is required to provide access to a Record if:
4.1.1.
that Record is required for the exercise or protection of any rights;
4.1.2.
the requesting person complies with the procedural requirements in PAIA relating to a request for access to that Record (which are explained in the guide referred to in paragraph 5); and
4.1.3.
access to that Record is not refused in terms of a ground for refusal contemplated in sections 62 to 70 of PAIA.
4.2.
Information will therefore not be furnished unless you have provided sufficient particulars to enable the Company to identify the right that you seek to protect or exercise, as well as an explanation as to why the Record is required for the exercise or protection of that right. The exercise of an individual’s rights is subject to justifiable limitations, including the reasonable protection of privacy, commercial confidentiality, and effective and good governance.
5.
Guide on how to use PAIA and how to obtain access to the guide
5.1.
The Information Regulator has, in terms of section 10(1) of PAIA, updated and made available a revised guide on how to use PAIA, in an easily comprehensible form and manner. The guide contains information to assist a person wishing to exercise a right of access to information in terms of PAIA and POPIA.
5.2.
Availability of the guide:
5.2.1.
Members of the public can inspect or make copies of the guide from the offices of public and private bodies, including the office of the Information Regulator, during normal working hours. The guide is also available upon request from the Information Officer.
5.2.2.
The guide is also electronically available and can be downloaded from the Information Regulator's website at the following link: https://inforegulator.org.za/wp-content/uploads/2020/07/PAIA-Guide-English_20210905.pdf.
5.3.
Any enquiries regarding the guide should be directed to the Information Regulator:
Postal address
JD House 27 Stiemens Street Braamfontein Johannesburg 2001
Telephone number
+27 (0) 10 023 5200
Fax number
086 500 3351
Email address
enquiries@inforegulator.org.za
Website
www.inforegulator.org.za
6.
Categories of Records which are available without a person having to request access
| Category of Records | Types of the Record | Availability |
|---|---|---|
| Product information | Any information relating to our products and services we may publish from time to time | Available on our website/ on request |
| Public facing policies and notices | Privacy Policy, Cookie Policy, Terms and Conditions, and PAIA Manual | Available on our website/ on request |
| Marketing information and promotional material | Any brochures, press releases, and publications we may publish from time to time | Available on our website and social media platforms |
7.
Records kept by the Company in accordance with other legislation
7.1.
Please note that the recording of the subject and categories of Records held by the Company in this manual does not imply that a request for access to said Records will be granted. All requests for access will be evaluated on a case-by-case basis in accordance with the provisions of PAIA and the relevant legislation concerned.
7.2.
The Company may be required to provide access to certain Records to persons or entities who are entitled to access such Records under other legislation, which legislation may include, but not be limited to:
7.2.1.
Companies Act 71 of 2008;
7.2.2.
Basic Conditions of Employment Act 75 of 1997;
7.2.3.
Compensation for Occupational Injuries and Diseases Act 130 of 1993;
7.2.4.
Income Tax Act 58 of 1962;
7.2.5.
Unemployment Insurance Act 30 of 1966;
7.2.6.
Value Added Tax Act 89 of 1991;
7.2.7.
Protection of Personal Information Act 4 of 2013;
7.2.8.
Consumer Protection Act 68 of 2008;
7.2.9.
Broad-Based Black Economic Empowerment Act 53 of 2003;
7.2.10.
Financial Intelligence Centre Act 38 of 2001;
7.2.11.
Labour Relations Act 66 of 1995;
7.2.12.
Occupational Health and Safety Act 85 of 1993;
7.2.13.
Pension Funds Act 24 of 1956;
7.2.14.
Promotion of Access to Information Act 2 of 2000;
7.2.15.
Skills Development Act 97 of 1998;
7.2.16.
National Credit Act 34 of 2005;
7.2.17.
Competition Act 89 of 1998;
7.2.18.
Unemployment Insurance Contributions Act 4 of 2002.
7.3.
Information will therefore not be furnished unless you have provided sufficient particulars to enable the Company to identify the right that you seek to protect or exercise, as well as an explanation as to why the Record is required for the exercise or protection of that right. The exercise of an individual’s rights is subject to justifiable limitations, including the reasonable protection of privacy, commercial confidentiality, and effective and good governance.
8.
Description of the subjects and categories of Records which the Company holds
| Subjects on which the body holds Records | Categories of Records |
|---|---|
| Human resources / employment | List of employees, contracts of employment with employees of the Company, personnel Records of each employee of the Company, disciplinary Records, compensation or redundancy payments, Records relating to conditions of employment, Employment Equity Plan of the Company, pension and provident fund Records, employee tax information, training schedules and manuals, payroll Records and internal policies and procedures. |
| Financial / accounting | Annual financial statements, tax returns, audit reports conducted for the Company, invoices in respect of creditors and debtors of Company, bank facilities and account details, details of accounting officer or auditors, formal books of account and other financial statements, source documents, banking Records and management reports. |
| Company | Company registration documents, founding statement or Memorandum of Incorporation, share register and other statutory registers and minutes of meetings. |
| Information technology | Computer/mobile device usage policy documentation, disaster recovery plans, hardware asset registers, information security policies/standards/procedures, information technology systems and user manuals, information usage policy documentation, project implementation plans, software licensing and system documentation and manuals. |
| Intellectual property | Trade-marks, copyrights and designs held by the Company, software licences, Records relating to domain names. |
| Webpage | Company profile and information (including, but not limited to, company strategy, history, executive management, teams, values, news, contact details, banking details and career opportunities), online retail products (including, but not limited to, product images, prices, information descriptions, reviews and departments), retail terms and policies (including, but not limited to, terms and conditions for the use of the website and exchange and return policy) and secured personal user account (including, but not limited to, login page, personal details, order history, address book, credit cards, invoices, exchanges and returns). |
| Miscellaneous | Insurance Records, marketing agreements, agreements with suppliers of the Company, lease agreements, confidentiality and/or non-disclosure agreements and any other relevant agreements. |
9.
Processing of personal information
9.1.
For information concerning the Company's compliance with POPIA, please refer to our privacy policy which is available at https://underarmour.co.za/privacy-policy.
10.
Contact information: head of body
10.1.
Any enquiries regarding the guide should be directed to the Information Regulator:
Name
Shaun Turner
Designation
Chief Executive Officer
Postal address
2nd floor, Block 3, Northgate Park, Section Street, Paarden Eiland, Cape Town, Western Cape, 7441
Street address
2nd floor, Block 3, Northgate Park, Section Street, Paarden Eiland, Cape Town, Western Cape, 7441
Phone number
+27 (0)21 856 8460
Email address
contact@aresholdings.co.za
Issued by the Information Officer
Last updated on: 23 August 2024