ASICS SOUTH AFRICA PROPRIETARY LIMITED
Registration Number: 2014/ 007265/07

PAIA MANUAL
Manual in terms of Section 51 of the Promotion ofAccess to Information Act 2 of 2000

CONTENTS
1.

DEFINITIONS AND INTERPRETATION ...............................................................................3

2.

PREAMBLE...............................................................................................................................43.

INTRODUCTION TO THE COMPANY ..................................................................................54.

DETAILS OF THE COMPANY ................................................................................................ 65.

SAHRC GUIDE .........................................................................................................................66.

INFORMATION AVAILABLE IN TERMS OF PAIA...............................................................7

7.

INFORMATION AVAILABLE IN TERMS OF OTHER LEGISLATION ..............................98.

INFORMATION AUTOMATICALLY AVAILABLE .............................................................109.

SUBJECTS, CATEGORIES AND DESCRIPTION OF INFORMATION HELD ..................10

10.

PROCEDURE FOR REQUESTING ACCESS TO INFORMATION IN TERMS OF PAIA 10

11.

GROUNDS FOR REFUSAL ...................................................................................................12

12.

THE INFORMATION OFFICER'S DECISION AND REQUESTER'S RECOURSE ...........13

13.

PROTECTION OF PERSONAL INFORMATION THAT IS PROCESSED BY THE
COMPANY .................................................................................................................13

ANNEXURE A: FORM C (REQUEST FOR ACCESS TO RECORD OF PRIVATE BODY) .............1
PART III: FEES IN RESPECT OF A PRIVATE BODY .........................................................................6
ANNEXURE C: DESCRIPTION OF PURPOSES OF PROCESSING PERSONAL INFORMATION .
7
ANNEXURE E: CROSS-BORDER FLOWS OF PERSONAL INFORMATION ...............................11
ANNEXURE F: SECURITY MEASURES TO BE IMPLEMENTED BY THE COMPANY ............12
ANNEXURE G: FORM FOR THE OBJECTION TO THE PROCESSING OF PERSONALINFORMATION IN TERMS OF POPIA.................................................................................13
ANNEXURE H: FORM FOR THE REQUEST TO DELETE OR CORRECT PERSONALINFORMATION IN TERMS OF POPIA.................................................................................15

DATED

1.

DEFINITIONS AND INTERPRETATION
Company means Asics South Africa Proprietary Limited (registration number
2014/007265/07);
Conditions for Lawful Processing means the conditions for the lawful processing of
Personal Information as fully set out in POPIA and in section 13 of this Manual;
Data Subject has the meaning ascribed thereto in section 1 of POPIA and includes bothnatural persons and juristic persons;Information Officer means the duly authorised Head (as defined in section 1 of PAIA) of theCompany or such person that has been registered as the information officer with theInformation Regulator in accordance with POPIA, being Nicholas Bingham;
Manual means this manual prepared in accordance with section 51 of PAIA;
PAIA means the Promotion of Access to Information Act 2 of 2000, as amended or replaced
from time to time;
Personal Information means information relating to an identifiable, living, natural person,
and where it is applicable, an identifiable, existing juristic person, including, but not limitedto(a)information relating to the race, gender, sex, pregnancy, marital status, national,
ethnic or social origin, colour, sexual orientation, age, physical or mental health,well-being, disability, religion, conscience, belief, culture, language and birth of theperson;(b)

information relating to the education or the medical, financial, criminal or
employment history of the person;(c)any identifying number, symbol, e-mail address, physical address, telephone number,
location information, online identifier or other particular assignment to the person;(d)the biometric information of the person;(e)the personal opinions, views or preferences of the person;(f)correspondence sent by the person that is implicitly or explicitly of a private orconfidential nature or further correspondence that would reveal the contents of theoriginal correspondence;(g)

the views or opinions of another individual about the person; and(h)the name of the person if it appears with other personal information relating to theperson or if the disclosure of the name itself would reveal information about theperson;POPIA means the Protection of Personal Information Act 4 of 2013, as amended or replaced
from time to time;
POPIA Regulations means the regulations promulgated in terms of section 112(2) of POPIA;
Private Body means-

DATED

(a)

a natural person who carries or has carried on any trade, business or profession, but
only in such capacity;(b)a partnership which carries or has carried on any trade, business or profession; or(c)any former or existing juristic person, but excludes a public body;

Processing means any operation or activity or any set of operations, whether or not by
automatic means, concerning Personal Information, including(a)the collection, receipt, recording, organisation, collation, storage, updating or
modification, retrieval, alteration, consultation or use;(b)dissemination by means of transmission, distribution or making available in any otherform; or(c)merging, linking, as well as restriction, degradation, erasure or destruction of
information;

Record of, or in relation to, a Private Body, means any recorded information(a)regardless of form or medium;(b)in the possession or under the control of that Private Body; and(c)whether or not it was created by that Private Body;

Requester, in relation to a Private Body, means(a)any person, including, but not limited to, a public body or an official thereof, making
a request for access to a record of that Private Body; or(b)a person acting on behalf of the person contemplated in (a) above;

Request for Access, in relation to a Private Body, means a request for access to a record of a
Private Body in terms of section 50 of PAIA;
Responsible Party means a public body or Private Body or any other person which, alone orin conjunction with others, determines the purpose of and means for Processing Personal
Information;
SAHRC means the South African Human Rights Commission; andSpecial Personal Information means Personal Information concerning religious orphilosophical beliefs, race or ethnic origin, trade union membership, political persuasion,
health or sex life, biometric information and criminal behaviour.
Capitalised terms used in this Manual have the meanings ascribed thereto in section 1 of
POPIA and PAIA as the context specifically requires, unless otherwise defined herein.
2.

PREAMBLE

2.1.

PAIA came into operation on 23 November 2001 and POPIA came into effect on 1 July 2020,
subject to a 12-month grace period. The Company is a Private Body as defined in PAIA.
Section 51 of PAIA requires that the Company as a Private Body compiles a manual giving

DATED

information to the public regarding the procedure to be followed when requesting informationfrom the Company for the purpose of exercising or protecting rights.
2.2.

The Manual is not exhaustive of, nor does it comprehensively deal with, every procedureprovided for in PAIA and POPIA. Requesters are advised to familiarise themselves with theprovisions of PAIA and POPIA before making any request to the Company in terms of PAIA
and POPIA.

3.

INTRODUCTION TO THE COMPANY

3.1.

ASICS is one of the world’s largest sportswear manufacturers. As a multi-sports brand weoffer an outstanding range of shoes, apparel and equipment. Asics is famous for its great
running shoes; in many marathons around the world more than half of the runners wear ourshoes. Besides products that are purely focused on sport, ASICS makes shoes and clothing forthe lifestyle branch as well. Onitsuka Tiger is the part of the brand that is purely focused on
fashion. Our goal is to become just as successful in performance apparel, led by the runningcategory. ASICS stands for 'Anima Sana In Corpore Sano' which is translated in English as 'A
sound mind in a sound body'. Our philosophy is to stimulate people in sports and to provide
them with innovative high-tech products. The company was founded in 1949 in Japan by
Kihachiro Onitsuka.

Being an international / global organization, ASICS is committed to the development of its people
around the globe and to the optimal transfer of skills and experience within our organization andbetween our various offices globally. Our Learning & Development team offers the tools andexperiences that help develop, enable and engage employees in the ASICS' way.
ASICS transfers highly skilled and experienced staff to our various operations around the world as
required, to fill temporary skills gaps, convey latest methodologies and developments or to takecharge of specific projects or initiatives. Through such transfers, our objective is to achieve the best
possible benefit both for the transferee and the team members in the receiving operations working
with him or her. We strive for empowerment through knowledge sharing, skills transfer and formal aswell as informal training.
3.2.
The Company has compiled this Manual to comply with the provisions of PAIA and POPIA
and to ensure that members of the public have effective access to information in the
Company's possession which will assist them in exercising and protecting their rights. Where
information requested is not immediately available the Company will endeavour to make itavailable in a timely manner insofar as that is reasonably practicable in the circumstances.
3.3.

DATED

This Manual sets out the procedure to be followed
information as well as the following information:

to facilitate a request to access to(a)Purpose of the processing of Personal Information;(b)

Description of the categories of Data Subjects and of the information or categories of
information relating thereto;(c)

The recipients or categories of recipients to whom Personal Information may besupplied;(d)Planned transborder flows of Personal Information;(e)

A general description of the security measures implemented by the Company toensure the confidentiality, integrity and availability of the information which is to beprocessed.

4.

DETAILS OF THE COMPANY
Full name:

Asics South Africa Proprietary Limited

Registration number:

2014/007265/07

Registered address:

Old Warehouse Building, Black River
Park South, Fir Street, Observatory ERF
163099, Cape Town, Western Cape, 7925

Business address:

Old Warehouse Building, Black River
Park South, Fir Street, Observatory ERF
163099, Cape Town, Western Cape, 7925

Postal address:

Old Warehouse Building, Black River Park South,Fir Street, Observatory ERF 163099, Cape Town,
Western Cape, 7925

Telephone number:

021 300 7710

Fax number:[insert number]Information Officer:

Nicholas Bingham
Information Officer
T: +31882742614

Email address of Information
Officer:/ privacy-aeb@asics.com

5.

SAHRC GUIDE

5.1.

Section 10 of PAIA requires the South African Human Rights Commission (SAHRC) topublish a guide containing information reasonably required by a person wishing to exercise
any right in terms of PAIA.

5.2.

The Guide that has been published contains the following information:

DATED

(a)

the object of PAIA;(b)particulars of the information;(c)the manner and form of a Request for Access to information held by a Private Body;(d)assistance available from both the Information Officer and the SAHRC in terms of
PAIA;

(e)

all remedies in law regarding acts, omissions, rights and duties, including how tolodge an internal appeal and a court application;(f)schedules of fees to be paid in relation to requests for access to information; and(g)regulations made in terms of PAIA.

5.3.

A copy of this Guide is available for inspection at the offices of the SAHRC and on thewebsite at www.sahrc.org.za. Contact details are as follows:
Post:

Telephone:

011 877 3600

Fax:

011 403 0668

Website:www.sahrc.org.za or www.section51.paia@sahrc.org.za

E-mail:

PAIA@sahrc.org.za

6.
6.1.

South African Human Rights Commission
Promotion of Access to Information Act Unit
Research and Documentation Department
Private Bag X2700
Houghton 2041

INFORMATION AVAILABLE IN TERMS OF PAIA
Categories of information
We hold the following categories of information which are available for inspection in terms of
PAIA.The procedure in terms of which such Records may be requested from the Company is
set out in Section 10 of this Manual. The Records listed below will not in all instances beprovided to a Requester who requests them in terms of PAIA as the Requester is required to
identify the right the Requester is seeking to exercise or protect and to provide an explanationof why the requested Record is required for the exercise or protection of that right.
Furthermore, the request may be denied on the basis of the grounds of refusal under PAIA.
Categories of Records and description of Records held:
(a)

(b)

Financial Records (where applicable)(i)

Tax Records;(ii)

Debtors’ Records;(iii)

Creditors’ Records;(iv)

Insurance Records;(v)

Auditors’ Reports;(vi)

Interim and annual financial statements;(vii)

Bank statements and other banking records;(viii)

Invoices issued in respect of debtors and billing information;(ix)

Records regarding the Company’s financial commitments.

Accounting Records
(i)

DATED

Books of account including journals and ledgers;

(ii)
(c)

(d)

(e)

Taxation Records(i)Employee tax information;(ii)

Company tax information.

Employee Records including internal policies and procedures(i)

Personnel Records of Employees;(ii)

Conditions of employment;(iii)

Employment contracts;(iv)

Employment policies and procedures;(v)

Salary and wage register and other payroll records;(vi)

Registrations with Department of Labour, Unemployment Insurance Fund,
Compensation Fund and in terms of the Skills Development Levies Act;

(vii)

Records of Unemployment Insurance Fund contributions;(viii)

Health and safety Records;(ix)

Workplace skills plans and training records; and(x)Other internal Records.

Agreements and contracts
(i)

(f)

DATED

Delivery notes, orders, invoices, statements, receipts and vouchers.

All agreements of a material nature.

Administration, secretarial and legal records (where applicable)(i)Complaints, pleadings, briefs and other documents pertaining to any actual,pending or threatened litigation, arbitration or investigation;(ii)

Shareholder Records;(iii)

Share register;(iv)

Minutes of meetings of directors;(v)

Records relating to the incorporation of the Company;(vi)Powers of Attorney;(vii)

Records of litigation / arbitration proceedings;(viii)

Trade mark, copyright, patent, service mark certificates and registrations;(ix)

Material licences, permits and authorisations.

(g)

(h)

Insurance(i)

Insurance policies;(ii)

Claim Records;(iii)

Details of insurance coverage, limits and insurers.

Information Technology(i)Hardware;(ii)

Operating systems and other operational records;(iii)

Telephone and other lines;(iv)

Software packages;(v)

Agreements;(vi)

Support and maintenance agreements;(vii)

User manuals and licences.

(i)

Sales, advertising, promotional and marketing materials;(j)

Databases;(k)

Records pertaining to health and safety and the environment.

7.

INFORMATION AVAILABLE IN TERMS OF OTHER LEGISLATION

7.1.

Information is available in terms of the following legislation, persons or entities specified insuch legislation:

DATED

(a)

Basic Conditions of Employment Act, 75 of 1997;(b)Companies Act, 71 of 2008;(c)Compensation for Occupational Injuries and Diseases Act, 130 of 1993;(d)Competition Act, 89 of 1998;(e)Consumer Protection Act, 68 of 2008;(f)

Electronic Communications and Transactions Act, 25 of 2002;(g)

Employment Equity Act, 55 of 1998;(h)Financial Intelligence Centre Act, 38 of 2001;(i)

Income Tax Act, 58 of 1962;(j)Insolvency Act, 24 of 1936;(k)Insurance Act, 63 of 2001;

(l)Labour Relations Act, 66 of 1995;(m)

Occupational Health and Safety Act, 85 of 1993;(n)Pension Funds Act, 24 of 1956;(o)Protected Disclosures Act, 26 of 2000;(p)

Protection of Personal Information Act, 4 of 2013;(q)

Skills Development Act, 97 of 1998;(r)

Skills Development Levies Act, 9 of 1999;(s)

Unemployment Insurance Act, 63 of 2001;(t)

Unemployment Insurance Contributions Act, 4 of 2002;(u)

Value Added Tax Act, 89 of 1991.

7.2.

The abovementioned Acts, as amended, apply and the list is not exhaustive.

7.3.

Records available in terms of the abovementioned legislation are available automaticallywithout a person having to request access thereto in terms of PAIA, as envisaged in
Section 52 of PAIA.

8.

INFORMATION AUTOMATICALLY AVAILABLE

8.1.

The following categories of Records are automatically available for inspection, purchase or
photocopying.

8.2.

Request forms for these categories of information are also available from the Company's
Information Officer, whose contact details appear in clause 1 of this Manual:

9.

(a)

General information pertaining to the Company;(b)Services information and brochures;(c)

Newsletters.
SUBJECTS, CATEGORIES AND DESCRIPTION OF INFORMATION HELD

Please note that the Records listed in clause 6 above are not automatically available, and theprocess outlined in PAIA in respect of access to information must be followed.
10.

PROCEDURE FOR REQUESTING ACCESS TO INFORMATION IN TERMS OF
PAIA

10.1.

A request must comply with all the procedural requirements as contained in section 53 of
PAIA relating to a Request for Access to a Record. These procedural requirements are set out
in this section.

10.2.

If a Requester wishes to request access to any of the aforementioned categories of
information, s/he is required to complete a request form as set out in annexure "A" hereto.
These forms are also available from:

DATED

(a)

The Company's Information Officer (whose contact details are in clause 1 of thisManual);(b)

the SAHRC website (www.sahrc.org.za);(c)

The Department of Justice and Constitutional Development website(www.doj.gov.za).

10.3.

In certain instances there is a prescribed fee (payable in advance where applicable) for
requesting and accessing information in terms of PAIA. Details of these fees are contained in
the request form. A Requester may also be called upon to pay the additional fees prescribedby regulation for searching for and compiling the information that is requested, including thecosts of making copies of the information.

10.4.

In terms of 54(3)(b) of PAIA a Requester may lodge a complaint with the Information
Regulator or make an application with a court against the tender or payment of the request feeor the tender or payment of a deposit, as the case may be.

10.5.

It is important to note that access to information is not guaranteed – the Requester must
identify the right she/he/it is seeking to protect and explain why the Record requested isrequired for the exercise or protection of that right. The Request for Access form must becompleted with enough particularity to at least enable the Information Officer to identify thefollowing:•

The Record/s requested;•

The identity of the Requester;•

The form of access that is required, if the request is granted;•

The postal address or fax number of the Requester; and•The right that the Requester is seeking to protect and an explanation as to why the
Record is necessary to exercise or protect such a right.

10.6.

The Requester will be notified in the manner indicated by him/her/it on the Request forAccess form whether or not his/her/its request has been approved.

10.7.

The completed request must be submitted, together with the prescribed fee where applicable,
to the Information Officer at the postal or physical address or electronic mail address recordedin clause 4 above.

10.8.

The Company will process the Request for Access within 30 days of receipt of the Request
for Access, unless the Request for Access is of such a nature that an extension of theprescribed time limit is necessitated in accordance with section 57 of PAIA. In the case of an
extension of the time limit, the Requester has the right to lodge a complaint with theInformation Regulator in accordance with section 57(3)(c) of PAIA by following the process
and completing the form prescribed by POPIA. The Requester may also make an application
with a court against the extension.

10.9.

If, in addition to a written reply from the Information Officer, the Requester wishes to be
informed of the decision on the Request for Access in any other manner, the Requestor muststate the manner and the particulars so required.

DATED

10.10. If a Request for Access is made on behalf of another person, the Requester must submit proofof the capacity in which the Requester is making the request to the reasonable satisfaction of
the Information Officer.
10.11. If an individual is unable to complete the prescribed form because of illiteracy or disability,
such a person may make the request orally.
10.12. The prescribed fee for reproduction of the Record requested by a Personal Requestor will becharged in accordance with section 54(6) of PAIA and Annexure B below.
10.13. If the search for a Record of the Company in respect of which a Request for Access by aRequester has been made; and the preparation of that Record for disclosure would, in theopinion of the Information Officer, require more than the hours prescribed for this purpose,
the Information Officer must by notice require the Requester to pay as a deposit theprescribed portion (being not more than one third) of the access fee which would be payableshould the request be granted.
10.14. The Requester may lodge a complaint with the Information Regulator or make an application
to court against the tender of the request fee or the tender or payment of a deposit, as the casemay be.
10.15. If the Requester’s interest affects a third party then the Company will first need to inform thethird party within 21 days of receiving the request and the third party will have 21 days tomake representations and/or submissions regarding the granting of access to the Record. If theInformation Officer decides to grant access to the Record after considering these submissions,the third party that has been affected has 30 days in which to appeal the decision in the High
Court or to lodge a complaint with the Information Regulator in accordance with section 74
of POPIA in the prescribed form. If no appeal or complaint is lodged within 30 days, theRequester must be granted access to the Record.
11.

GROUNDS FOR REFUSAL

11.1.

There are various grounds upon which the Company may or must refuse a Request for Accessto a Record in accordance with Chapter 4 of PAIA. They are:

DATED

(a)

the protection of Personal Information of a third person (who is a natural person,
including a deceased person) from unreasonable disclosure (section 63 of PAIA);(b)

the protection of commercial information of a third party if the Records contain trade
secrets, financial, commercial, scientific or technical information that may harm thecommercial or financial interests of a third party (section 64 of PAIA);(c)refusing access to a Record if disclosure would result in the breach of a duty ofconfidence owed to a third party (section 65 of PAIA);(d)refusing access to a Record if it would jeopardise the safety of an individual or
prejudice or impair certain property rights of a third person (section 66 of PAIA);(e)refusing access to a Record that was produced during legal proceedings, unless thatlegal privilege has been waived (section 67 of PAIA);(f)refusing access to a Record containing trade secrets, financial or sensitive informationor any information that would put the Private Body at a disadvantage in negotiations
or prejudice it in commercial competition (section 68 of PAIA);(g)refusing access to a Record containing information about research being carried out
or about to be carried out on behalf of a third party (section 69 of PAIA).

11.2.

Section 70 of PAIA contains an overriding provision. Disclosure of a Record that has beenrequested is compulsory if it would reveal a substantial contravention of, or failure to comply
with the law, or imminent and serious public safety or environmental risk and the public
interest in the disclosure of the Record clearly outweighs the harm contemplated by its
disclosure.

11.3.

If all reasonable steps have been taken to find a Record requested and there are reasonablegrounds for believing that the record (a) is in the Private Body’s possession but cannot befound or (b) does not exist, the Head of the Private Body must, by way of affidavit oraffirmation, notify the Requester that it is not possible to give access to that Record.

12.

THE INFORMATION OFFICER'S DECISION AND REQUESTER'S RECOURSE

12.1.

Once the Information Officer has considered all the submissions, he or she will make adecision as to whether or not access to the Record will be granted. If access is granted theRequester must then be granted access to the Record within 30 days of being informed of thedecision.

12.2.

If the Information Officer does not grant the Requester access to the Record the Requester isentitled in accordance with sections 56(3)(c) and 78 of PAIA to apply to a court for relief
within 180 days of notification of the decision. Such relief may include any order compelling
the Record or Records requested to be made available to the Requester or for anotherappropriate order. The court will determine whether the Records should be made available ornot. The Requester may also lodge a complaint with the Information Regulator against therefusal of the request.

12.3.

The Requester may also approach the Information Regulator and lodge a complaint inaccordance with section 74 of POPIA in the prescribed form against the access fee to be paidor the form of access granted. The details of the Information Regulator are as follows:
The Information Regulator (South Africa)
JD House
27 Stiemens Street
Braamfontein
Johannesburg
2001
email: inforeg@justice.gov.za / complaints.IR@justice,gov.za

12.4.

The Company does not have any internal appeal procedures. As such, the decision made by
the Information Officer is final and Requesters will have to exercise the external remedies attheir disposal in the event that a Request for Access is refused.

12.5.

The Requester is entitled to receive proper reasons as to why the request was refused.

13.
13.1.

DATED

PROTECTION OF PERSONAL INFORMATION THAT IS PROCESSED BY THE
COMPANY
Conditions for Lawful Processing

Chapter 3 of POPIA sets out the Conditions for Lawful Processing of Personal Information
which must be complied with when a Responsible Party Processes Personal Information.
Below is a description of the eight Conditions for Lawful Processing as contained in POPIA:a) Accountability
POPIA provides that the Responsible Party is obliged to ensure that the Conditions for
Lawful Processing and all other measures required in terms of POPIA are complied with.

b) Processing limitation
The Processing must be done lawfully and in a manner that does not infringe the right toprivacy of a Data Subject. Personal Information may only be Processed if, given the
purpose for which it is Processed, it is adequate, relevant and not excessive. There must
furthermore be a justification for Processing Personal Information. Consent is one of thejustifications but Personal Information may be Processed in the absence of consent if it
is necessary for pursuing the legitimate interests of the Responsible Party or the third
party to whom it is disclosed or for the protection of the legitimate interests of the Data
Subject. It may also be Processed if it complies with an obligation imposed by law or
where it is necessary for the performance of a contract. The Processing of Special
Personal Information or Personal Information of children generally requires consent,
subject to certain limited exceptions.

c) Purpose specification
POPIA provides that Personal Information must be collected for a specific, explicitly
defined and lawful purpose related to a function or activity of the Responsible Party.
Subject to certain exceptions, Records of Personal Information must not be retained for
longer than is necessary to achieve the purpose for which it was collected orsubsequently Processed, and must be destroyed or deleted once the Responsible Party is
no longer authorised to retain the Record. Such exceptions include where (i) the
retention is required or authorised by law, (ii) the Data Subject has consented to theretention, or (iii) the Personal Information is being retained for historical, statistical or
research purposes.

d) Further Processing Limitation
POPIA provides that the further Processing of Personal Information must be inaccordance with or compatible with the purpose for which the Personal Information wascollected.

e) Information quality
A Responsible Party must take reasonably practicable steps to ensure that Personal
Information is complete, accurate, not misleading and updated where necessary.

DATEDf) Openness
A Responsible Party is required to maintain the documentation of all Processing
operations under its responsibility as required in terms of PAIA and must take reasonably
practicable steps to ensure that the Data Subject is made aware of the Personal
Information being collected, together with other stipulated information, subject to certain
exceptions.

g) Security safeguards
POPIA provides that a Responsible Party must secure the integrity and confidentiality of
Personal Information in its possession or under its control by implementing appropriate,
reasonable technical and organisational measures to prevent the loss of, damage to or
unauthorised destruction of Personal Information, or unlawful access to or Processing of
Personal Information. In addition, the Responsible Party should take all reasonablemeasures to identify all reasonably foreseeable internal and external risks, establish andmaintain appropriate safeguards against risks identified, verify that the safeguards are
effectively implemented and ensure that the safeguards are updated in response to newrisks.

h) Data subject participation
A Data subject is entitled to request a Responsible Party to confirm whether or not it
holds Personal Information about the Data Subject, and to request the Record itself or adescription of the Record, subject to the requirements in PAIA. A Data Subject may also
request a Responsible Party to correct or delete Personal Information that is inaccurate,irrelevant, excessive, out of date, incomplete, misleading, obtained unlawfully, or todestroy or delete personal information that a Responsible Party is no longer authorised toretain.
13.2.

Purpose of the Processing of Personal Information by the Company
The purposes for which the Company Processes or will Process Personal Information are set
out in Annexure C.

13.3.

Categories of Data Subjects and Personal Information/Special Personal Information
relating thereto
As per section 1 of POPIA, a Data Subject may either be a natural or a juristic person. The
categories of Data Subjects in relation to which the Company Processes Personal Information
are set out in Annexure D.

13.4.

Recipients or categories of recipients of Personal Information
The following are the recipients to whom the Company may provide a Data Subject's
Personal Information:

DATED

(a)

various vendors, agents or suppliers;(b)service providers and partners;(c)third-party applications or platforms; and/ or(d)companies within the Company's group of companies.

13.5.

Cross-border flows of Personal Information

13.6.

Section 72 of POPIA provides that Personal Information may only be transferred by a
Responsible Party to a third party in a foreign country outside of the Republic of South Africa
in the following circumstances:(a)

If the third party who is the recipient of the Personal Information is subject to a law,binding corporate rules or a binding agreement which provide an adequate level ofprotection that effectively upholds principles similar to the Conditions for Lawful
Processing under POPIA, including provisions relating to the further transfer of
Personal Information from the recipient to third parties who are in a foreign country;or(b)

If the Data Subject consents to the transfer of their Personal Information; or(c)

If the transfer is necessary for the performance of a contractual obligation between
the Data Subject and the Responsible Party; or(d)

If the transfer is necessary for the conclusion or performance of a contract between
the Responsible Party and a third party, concluded in the interests of the Data Subject;or(e)

If the transfer is for the benefit of the Data Subject, and it is not reasonably
practicable to obtain the consent of the Data Subject, and if it were, the Data Subject,would in all likelihood provide such consent.

13.7.

Annexure E contains a list of the planned cross-border transfers of Personal Information andthe justification for such transfers.

13.8.

The Company has entered into an agreement with all its offices and affiliates to ensure that
Personal Information shared with other entities within its group is adequately protected.

13.9.

Description of information security measures to the implemented by the Company
The types of security measures implemented by the Company in order to secure the integrity
and confidentiality of the Personal Information and ensure that Personal Information isprotected from loss, damage, unauthorized destruction or unlawful access are listed in
Annexure F hereto.

13.10. Objection to the Processing of Personal Information by a Data Subject
Section 11(3) of POPIA and Regulation 2 of the POPIA Regulations provides that a Data
Subject may object to Processing in the prescribed form attached as Annexure G to thisManual where the Processing is based on one of the following grounds, unless legislation
provides for such Processing:

DATED

•

Processing protects a legitimate interest of the Data Subject;•

Processing is necessary for the proper performance of a public law duty by a public
body;

•

Processing is necessary for pursuing the legitimate interests of the Responsible Partyor of a third party to whom it is supplied;•Processing is for purposes of direct marketing other than direct marketing by meansof unsolicited electronic communications as referred to in section 69 of POPIA.

13.11. Request for correction or deletion of Personal Information
Section 24 of POPIA and Regulation 3 of the POPIA Regulations provides that a Data Subject
may request for their Personal Information to be corrected/deleted in the prescribed form
attached as Annexure H to this Manual.

DATED

DATEDANNEXURE A: FORM C (REQUEST FOR ACCESS TO RECORD OF PRIVATE BODY)
Section 53(1) of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000)(Regulation 10)
1.

Particulars of Private Body
The Head:2.

Particulars of person requesting access to the Record

2.1.

The particulars of the person who requests access to the Record must be given below.

2.2.

The address and/or fax number in the Republic to which the information is to be sent must be
given.

2.3.

Proof of the capacity in which the request is made, if applicable, must be attached.

Full
names
and
…………………………………………………………………………………

surname:

Identity number: …………………………………………………………………………………………
Postal address: …………………………………………………………………………………………...
……………………………………………………………………………………………………………
F a x n u m b e r : … … … … … … … … … … … … . . … … . Te l e p h o n e n u m b e r :………………………………...
E-mail address: …………………………………………………………………………………………..
Capacity in which request is made, when on behalf of another person:…………………………………
……………………………………………………………………………………………………………
……………………………………………………………………………………………………………
3.

Particulars of person on whose behalf request is madeThis section must be completed ONLY if request for information is made on behalf of anotherperson.

Full
names
and
…………………………………………………………………………………

surname:

Identity number: …………………………………………………………………………………………
4.

DATED

Particulars of Record

4.1.

Provide full particulars of the Record to which access is requested, including the reference
number if that is known to you, to enable the Record to be located.

4.2.

If the provided space is inadequate, please continue on a separate folio and attach into this
form.

4.3.

The Requester must sign all the additional folios.

Description of Record or relevant part of the Record: ……………………………
Reference
number,if………………………………………………………………………….
Any
furtherparticulars………………………………………………………………………...

available:of

Record:

5.

Fees

5.1.

A Request for Access to a Record, other than a Record containing Personal Information about
you, will be processed only after a request fee has been paid.

5.2.

You will be notified of the amount required to be paid as the request fee.

5.3.

The fee payable for access to a Record depends on the form in which access is required andthe reasonable time required to search for and prepare a Record.

5.4.

If you qualify for exemption of the payment of any fee, please state the reason for exemption.

Reasonforexemptionfrom…………………………………………………………….
6.

paymentoffees:Form of access to Record
If you are prevented by a disability to read, view or listen to the Record in the form of accessprovided for in 6.1 to 6.4 hereunder, state your disability in which form the Record isrequired.
Disability: ……………………………………………………………………………………….
Form in which Record is required: …………………………………
Mark the appropriate box with an X
Notes:DATED(a)Compliance with your request in the specified form may depend on the form in which
the Record is available.

(b)

Access in the form requested may be refused in certain circumstances. In such a case
you will be informed if access will be granted in another form.

(c)

The fee payable for access to the Record, if any, will be determined partly by theform in which access is requested.

6.1.

If the Record is in written on printed form:
Copy of Record*
Inspection of Record

6.2.

If Record consists of visual image(this includes photographs, slides, video Recordings, computer generated images, sketchesetc)
View the images
Copy of the images*
Transcription of the images*

6.3.

If the Record consists of Recorded words or information which can be reproduced in sound:
Listen to the soundtrack (audio cassette)
Transcription of the soundtrack* (written or printed document)

6.4.

If the Record is held on computer or in an electronic or machine-readable form:
Printed copy of Record*
Printed copy of information derived from Record*
Copy in computer readable form (stiffy or compact)
YES/NO*If you requested a copy or transcription of a Record *above, do you wish the copy or thetranscription to be posted to you? Postage is payable.
7.

Particulars of right to be exercised or protected
If the provided space is inadequate, please continue on a separate folio and attach it to thisform. The Requester must sign all the additional folios.
Indicate which right is to……………………………………………..

beexercisedorprotected:

Explain why the Record requested is required for the exercise or protection of theaforementioned right:…………………………………………………………………………………………………..
.
8.

Notice of decision regarding Request for Access
You will be notified in writing whether your request has been approved/denied. If you wish
to be informed in another manner, please specify the manner and provide the necessary
particulars to enable compliance with your request.

DATED

How would you prefer to be informed of the decision regarding your Request for Access to
the Record?

Signed: ……………………………………………………
Date: ………………………………………………………
Signature of Requester/person on whose behalf request is madeDATEDANNEXURE B: EXPLANATORY NOTE ON FEES
An explanatory note on fees to be charged by a private body when granting a Request for Access to
information in terms of the Promotion of Access to Information Act, 2000.
The fees chargeable by private bodies are contained in part III of Annexure "A" of the Regulations. A
copy of part III is attached for your convenience. The present charges are as follows:1.

Copies of a manual
Should an individual require a copy of the business/organizations manual, a fee of R1,10 ischargeable for every photocopy of an A4 page or part thereof.

2.

Reproduction fees
Reproduction fees apply to obtaining copies or transactions of information, which is
automatically available from the business/organization. The fees are listed in paragraph 2 ofpart III of Annexure "A" to the Regulations.

3.

Access fees
Access fees are chargeable for copies of transcriptions of information requested under thisAct. The fees are listed in paragraph 4 of part III of Annexure "A" to the Regulations.

4.

Other fees

4.1.

A request fee of R50,00 is payable by a Requester who is seeking access to a Record
containing information which is not personal to the Requester. See paragraph 6 of part 1 ofthis work.

4.2.

A search fee may be charged at a rate of R30,00 per hour or part thereof for the searching andpreparing the Record for disclosure provided such time was reasonably required for that
purpose.

4.3.

If the request is not limited to Records containing information which is personal to theRequester and if the Head of the Company is of the opinion that the time taken to give effectto the request will exceed six hours the Requester can be called upon to pay a deposit of not
more than one third of an estimate of the access fee which will become payable.

4.4.

If a copy of a Record is posted to a Requester, the Requester is obliged to pay the actual
postage payable.

DATED

PART III: FEES IN RESPECT OF A PRIVATE BODY
1.

The fee for a copy of the manual as contemplated in regulations 9 (2) (c)is R1,10 for every
photocopy of an A4-size page or part thereof.

2.

The fees for reproduction referred to in regulation 11(a) are as follows:

2.1.

for every photocopy of an A4-size or part thereof R 1,10;

2.2.

for every printed copy of an A4-size or part thereof held on a computer or in electronic R 0,75
or machine-readable form;

2.3.

for a copy in a computer-readable form on:(a)stiffy disc - R 7,50;(b)compact disc - R 70,00;

2.4.

for a transcription of visual images, for an A4-size page or part thereof R 40,00, for a copy ofthe visual images R 60,000;

2.5.

for a transcription of an audio Record, for an A4-size page or part thereof R 20,00, for a copyof an audio Record R 30,00.

3.

The request fee payable by a Requester, other than a personal Requester, referred toregulation 11(2) is R 50,00.

4.

The access fees payable by a Requester referred to in regulation 11(3) are as follows:

4.1.

for every photocopy of an A4-size or part thereof R 1,10;

4.2.

for every printed copy of an A4-size or part thereof held on a computer or in electronic or
machine-readable form R 0,75;

4.3.

for a copy in a computer-readable form on:(a)stiff disc R 7,50;(b)compact disc R 70,00

4.4.

for a transcription of visual images, for an A4-size page or part thereof R 40,00, for a copy ofan audio Record R 30,00;

4.5.

to search for and prepare the Record for disclosure, R 30,00 for each hour or part of an hourreasonably required for such search and preparation;

4.6.

for purposes of section 54(2) of the Act, the following applies; and

4.7.

DATED

(a)

six hours as the hours to be exceeded before a deposit is payable; and(b)

one third of the access fee is payable as a deposit by the Requester;

the actual postage is payable when a copy of a Record must be posted to a Requester.

ANNEXURE C: DESCRIPTION OF PURPOSES OF PROCESSING PERSONALINFORMATION

Employees:•

Carrying out and managing the Company's business operations;•

Compliance with legal obligations;•

Administering and maintaining personnel records, including occupational health & safety
records;•

Paying and reviewing salary, expenses and any other administration of remuneration andbenefits;•

Providing and administering benefits (including, if relevant, pension, life assurance, income
protection insurance, medical insurance, and share schemes);•

Undertaking performance management, talent management, succession planning, training anddevelopment, disciplinary and grievance procedures and associated investigations;•Managing business travel;•

For purposes of corporate security and surveillance and archiving of emails for disaster recovery
purposes;•

Maintaining sickness and other absence records and assessing employees’ fitness for work;•

Monitoring equal opportunities and associated legal reporting obligations;•

Providing information to regulatory bodies and governmental and quasi-governmental bodies forsocial security and other purposes, and tax authorities;•

Supplying information to potential purchasers of the Company or any other Group Company;•

Posting information on the Company's website and on social media platforms; and•As may be necessary for pursuing any other of the Company's legitimate business interests.

Customers:• Sending out marketing materials and communications• For commercial purposes in order to promote and sell the Services• Administrating and processing data in order to comply with financial & fiscal request• For purposes of entering and executing collaboration contracts• As may be necessary for pursuing any other of the Company's legitimate business interests.
Suppliers:• For purposes of entering and executing collaboration contracts• As may be necessary for pursuing any other of the Company's legitimate business interests• Processing personal data in order to execute contracts and payment terms

DATED

ANNEXURE D: DESCRIPTION OF data subject or category of data subjectS AND
CATEGORIES OF PERSONAL INFORMATION IN RELATION TO THE DATASUBJECTS

Data Subject or Category of Data Subject
Employees

DATED

Description of Personal Information processed inrelation to Data Subject•

Personnel Records of Employees;•

Conditions of employment;•

Employment contracts;•

Payroll information;•

Health and safety Records;•

Photographs.

Customers

•
•

•

•

•
•

•

•

DATED

Contact details such as name, postal address,
telephone number and e-mail address;
Information regarding use of our online
Services. This may include data regarding
the pages customers visit, the products andservices customers like and the content ofcustomer's abandoned shopping cart;
Customers' purchases in our stores andonline, such as the amount and date of acustomer's purchase, the product thecustomer purchases or Service the customer
uses, location of the store, the website orapp through which customer makes apurchase, payment method, payment status,
discount, delivery method and delivery
address;
Customers' leisure activities, interests andevents. This includes information regarding
events we organize or sponsor, including
customer's interest in and registration to
those events (including the date and place ofthe event and the customer's personal
targets), as well as the customer's reason forrunning and other fitness activities, whether
the customer prefers to run alone or withfriends and what other sports the customer
enjoys;Customer details regarding contests,
including the data we collect if a customer
participates in a contest;
Customer reviews including the opinions,experiences, preferences and interests, andproduct or event reviews that customers
publish on our websites or share with us
online or through social media, such as theirexperiences and tips regarding gear, yourrace day and their training schedule;
Customer's communication data including
the customer's requests, any complaints thecustomer may have and any other data that
we receive if we communicate withcustomers via e-mail, online or via social
media;
Customer information related to their
physique, condition or nutrition, including
activity data and other information thecustomer provides when using the Services.
The customer's foot and clothes size andother personal measurement information andactivity data that the customer voluntarily
shares with us through the use of theServices, such as weight, height, heartrate,calories burned, steps taken, nutritional
information, sleep activities, other activity
data (type, duration and frequency of fitness
activities, distance, speed, pace, step count)and injuries;Suppliers

DATED

•

Contact details such as name, postal address,
telephone number and e-mail address;

ANNEXURE E: CROSS-BORDER FLOWS OF PERSONAL INFORMATIONCountryJapan
Netherlands

DATED

Justification for Transfer (in terms of section
72 of POPIA)
On the basis of the Intra Group Data Transfer
Agreement

ANNEXURE F: SECURITY MEASURES TO BE IMPLEMENTED BY THE COMPANY
The following is a list of the types of security measures implemented by the Company in order toensure that Personal Information is protected from loss of, damage to or unauthorized destruction ofor unlawful access to Personal Information:
•
•
•
•
•
•
•
•

DATED

Access to the premises will be controlled and there will be restriction of access to hard copies
of documents containing Personal Information;
Physical access will be regulated by identity codes and keywords;
Where the Processing concerns Special Personal Information, the keyword will be modified
at least every three months;
Access credentials are deactivated if the person in charge of the Processing is disqualified
from accessing the Personal Information;
Anti-virus systems are used and updated at least every six months;
Anti-intrusion systems (i.e. firewalls) are used and updated at least annually (every six
months in the case of Special Personal Information);
The areas containing archives are adequate with regard to the necessities of security andsecrecy;
Agreements have been entered into with service providers and operators in terms of whichsuch service providers and operators have contractually agreed to implement and maintainappropriate security measures.

ANNEXURE G: FORM FOR THE OBJECTION TO THE PROCESSING OF PERSONALINFORMATION IN TERMS OF POPIAOBJECTION TO THE PROCESSING OF PERSONAL INFORMATION IN TERMS OF
SECTION 11(3) OF THE PROTECTION OF PERSONAL INFORMATION ACT, 2013 (ACTNO. 4 OF 2013)
REGULATIONS RELATING TO THE PROTECTION OF PERSONAL INFORMATION,
2017 [Regulation 2(1)]
Note:

1.

Affidavits or other documentary evidence in support of the objection must be attached.

2.

If the space provided for in this Form is inadequate, submit information as an Annexure to
this Form and sign each page.

Reference Number....
A

DETAILS OF DATA SUBJECT

Name and surnameof Data Subject:
Residential, postal or
business address:
Code ()

Contact number(s):Fax number:
E-mailaddress:

B
B
Name and surnameof Responsible Party(ifthe Responsible Party is anatural):Residential, postal or
business address:

Code ( )Contact number(s):Fax number:

DATED

DETAILS OF RESPONSIBLE PARTYE-mail address:
Name of public or Private Body(if the Responsible Party is not a natural person):Business address:
Code ( )Contact number(s):Fax number:
E-mail address:C

REASONS

Signed at

this

Signature of Data Subject (applicant)

DATED

day of

20

ANNEXURE H: FORM FOR THE REQUEST TO DELETE OR CORRECT PERSONALINFORMATION IN TERMS OF POPIAREQUEST FOR CORRECTION OR DELETION OF PERSONAL INFORMATION OR
DESTROYING OR DELETION OF RECORD OF PERSONAL INFORMATION IN TERMS
OF SECTION 24(1) OF THE PROTECTION OF PERSONAL INFORMATION ACT, 2013
(ACT NO. 4 OF 2013)
REGULATIONS RELATING TO THE PROTECTION OF PERSONAL INFORMATION,
2017[Regulation 3(2)]
Note:

1.

Affidavits or other documentary evidence in support of the request must be attached.

2.

If the space provided for in this Form is inadequate, submit information as an Annexure to
this Form and sign each page.

Reference Number
Mark the appropriate box with an "x".
Request for:
Reference Number....
Correction or deletion of the Personal Information about the Data Subject which is in possession orunder the control of the Responsible Party.
Destruction or deletion of a Record of Personal Information about the Data Subject which is in thepossession or under the control of the Responsible Party and who is no longer authorised to security
the Record of information.
A
DETAILS OF THE DATA SUBJECT
Surname:
Full names:
Identity number:

Residential, postal or
business address:

Code ( )Contact number(s):Fax number:
E-mail address:

B

DETAILS OF RESPONSIBLE PARTYDATEDName and surnameof responsible
party(iftheresponsible party isa natural person):
Residential, postal or
business address:
Code ( )Contact number(s):Fax number:
E-mail address:

Name of public or Private Body (if the Responsible Party is not a natural person):Business address:
Code ( )Contact number(s):Fax number:
E-mail address:C

REASONS FOR *CORRECTION OR DELETION OF THE PERSONALINFORMATIONABOUT THE DATA SUBJECT/*DESTRUCTION OR DELETION OF A RECORD OFPERSONAL INFORMATION ABOUT THE DATA SUBJECT WHICH IS IN
POSSESSION OR UNDER THE CONTROL OF THE RESPONSIBLE PARTY. (Pleaseprovide detailed reasons for the request) *Delete whichever is not applicable.

Signed at

DATED

on thisday of20

DATED