PAIA MANUAL OF MSCI SOUTH AFRICA

Last Update: 23/01/2023

PAIA Manual
1. Introduction
The Promotion of Access to Information Act, No 2 of 2000 ("the Act") gave effect to theconstitutional right of access to any information held be the state and any information that isheld by another person and that is required for the exercise or protection of any rights.
In terms of Section 51 of the Act, all private bodies are required to compile an information
manual (“Manual”). This Manual was prepared in accordance with Section 51 of the Act andthe Protection of Personal Information Act, Act No 4 of 20131 (“POPI”).

2. Purpose of the manual
As part of its operations and services MSCI South Africa Branches (“MSCI”) retain informationand documents, including personal information.
If a request is made in terms of the Act, MSCI is obliged to give access to the record requested
except where exception applies in terms of the Act.
The manual intends to give an overview of records held by MSCI and guidance on howrequests are to be made in terms of the Act and POPI.
The manual also provides the relevant contact details of persons who will assist you as thedata subject, with the exercise of your rights in terms of POPI and PAIA.

3. MSCI South Africa
In this Manual, any reference to MSCI includes any of the following entities:•Investment Property Databank South Africa (Pty) Limited (South Africa)

Business Name

Investment Property Databank South Africa(Pty) LtdRegistration Number

2002/016160/07

Registered Office

SPACES SUNCLARE
21 DREYER STREET
CLAREMONT CAPE TOWNWESTERN CAPE

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7708
Postal Address

SPACES SUNCLARE
21 DREYER STREET
CLAREMONT CAPE TOWNWESTERN CAPE
7708

•Barra International, LLC (South Africa Branch)Business Name

Barra International LLC (South Africa)

Registration Number

1996/07716/10

Registered Office

SPACES SUNCLARE
21 DREYER STREET
CLAREMONT CAPE TOWNWESTERN CAPE
7708

Postal Address

SPACES SUNCLARE
21 DREYER STREET
CLAREMONT CAPE TOWNWESTERN CAPE
7708

•Burgiss Pty LTD. (South Africa Branch), registration number: 2009/021369/07

Business NameBURGISS (PTY) LTD

Registration Number

2009/021369/07

Registered Office

4TH

FLOOR,CENTRE,

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BOSMAN’S

BUSINESSDISTILLERY

STREET,

BOSMAN’S CROSSING, STELLENBOSCH,
7600

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Postal Address

THE VINEYARD, BLOCK B, CNR ADAM
TAS&DEVONVALLEYROADS,STELLENBOSCH, 7600

Background information of MCSI as well as our processing activities can be found athttps://www.msci.com
4. Contact details of the Information Officer
Under the POPI, organizations are required to appoint an Information Officer, who is
responsible for encouraging compliance with the provisions of POPI. We therefore havecreated an office of the chief Privacy Officer who will be responsible for conducting all dutiesof the Information officer on behalf of MCSI and its subsidiaries.
The Information Officer’s contact details:
Physical Adress: Amar Sandeep
Chief Privacy Officer
MSCI Limited
Ninth Floor, Ten Bishops Square, Spitalfields
London E1 6EG UK
Email Adress:

privacy@msci.com

Phone number:(833)-548-0230

5. Information Regulator PAIA Guides in terms of Section 10 of the Act•

The South African Information Regulator (“InfoReg”) has issued a guide on how to use
the Act as prescribed by Section 10 of PAIA. This guide contains information to assist
individuals who wish to exercise their rights in terms of both the POPI and PAIA.

Availability of the PAIA guides:
1. You may inspect the guide at any of the MCSI offices during ordinary working hours.
2. You may request a copy from the Information Officer by submitting “, the forms foundhere

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3. You may also request a copy of the guide from Information Regulator at the following
details:
Information Regulator:
Postal Address:

PO Box 31533, Braamfontein, Johannesburg, 2017

Telephone:+27 (10) 023-5200

Website:www.inforeg.org.za

Email:

enquiries@inforegulator.org.za

PAIA Complaints E-mail: PAIACompliance@inforegulator.org.za
POPI Complaints E-mail: POPIACompliance@inforegulator.org.za

6. Latest notices in terms of section 52(2) of PAIA
At this stage no notice has been published on the categories of records available without
having to request access to them in terms of PAIA.
7. Records held by MSCIMSCI holds and/or processes the following records for the purposes of PAIA and POPI.
8.1 The following records are available on the MSCI website without a request:•Terms of Use: Terms of use - MSCI

•Privacy Notice: Privacy notice - MSCI

•Cookie Notice: Cookie Notice - MSCI•

Services rendered by MSCI

8.2 Categories of records held by MSCIThe following categories of records are held by MSC that are available on request access.
Each request will be evaluated in terms of PAIA and any other applicable legislation.
Products and/or Services•

All products and/or services are available freely on the Company’s websites.

Human Resources•

Employment contracts•

Employee benefits
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Personnel Records and correspondence•

Training records•

Internal policies•

Information pertaining to share options, share incentives, bonus or profit-sharing
agreements of each employee•

Pension and provident fund records

Legal
•

Agreements with Clients•

Agreement with Suppliers•

Shareholders agreements•

Licenses and Permits•

Power of attorneys•

Sale agreements•

Lease agreements

Company Secretarial•

Memorandum of Corporation•

Secretarial record•

Tradename registrations•

Trademark registrations•

Company registration documents•

Statutory registers•

Minutes of shareholder’s meetings•

Minutes of director’s meetings•

Register of Directors•

Share Certificates

Financial•

Accounting records•

Annual reports•

Interim reports6

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Auditor details and reports•

Tax return•

Insurance records

Client•Client database•

Credit Applications•

Correspondence with Clients•

Documentation prepared for Clients•

Invoices, receipts, credit and debit notes

Marketing•Published Marketing materials

Miscellaneous•Internal Correspondence•

Information technology records•

Domain name registrations•

Website information•

Asset registers•

Title deeds

8.3 Records held by MSCI in terms of other legislation
MSCI retains several records in accordance with legislation which applies to it, including
but not limited to:•

Basic Conditions of Employment Act No. 75 of 1997;•Companies Act No. 71 of 2008;•Compensation of Occupational Injuries and Diseases Act No. 130 of 1993;•Constitution of the Republic of South Africa 2008;•

Employment Equity Act No. 55 of 1998;•

Electronic Communications and Transaction Act No. 25 of 2002;•Identification Act No.68 of 1997;
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Income Tax Act No. 58 of 1962•

Insolvency Act No. 24 of 1936;•

Intellectual Property Laws Amendment Act 38 of 1997;•Labour Relations Act No. 66 of 1995;•Prevention of Organised Crime Act No. 121 of 1998;•Skills Development Levies Act No. 9 of 1999;•

Stock Exchanges Control Act No. 1 of 1985;•Occupational Health and Safety Act No. 85 of 1993;•Unemployment Insurance Act No. 30 of 1966;•Value Added Tax Act 89 of 1991.

•National Payment Systems Act No 78 of 1998•

The Criminal Procedures Act No. 51 of 1977•

Maintenance Act No. 99 of 1998

•Cybercrimes Act No. 19 of 2020

8. Process for requests to information
Any request for access to records of MSCI South Africa is subject to PAIA and in respect ofPI, POPI.
The requester must complete the prescribed form found here, submit it to the Information Officerat the details specified in paragraph 4 of this PAIA manual.
-The prescribed form must be completed with enough particularity to enable the information
officer to determine:-oThe record(s) requested;oThe identity of the requestor;

oWhat form of access is required; ando

Contact details of the requestor.

The requestor must state that the records are required for the requestor to exercise orprotect a right, and clearly state what the nature of the right is so to be exercised orprotected. An explanation of why the records requested is required to exercise or protect
the right.

-Should the requestor have any difficulty with the form or the process laid out herein, therequestor should contact the Information Officer for assistance.

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PAIA Manual-An oral request can be made to the Information Officer should the requestor be unable tocomplete the form due to illiteracy or a disability. The Information Officer will complete theform on behalf of the requestor and provide a copy of the form to the requestor.

-The Information Officer must communicate a response to the request for access using aprescribed form, this communication shall inform the requestor of:▪

The decision;▪

Fees payable in terms of paragraph 11.
•In the event that the Information Officer is of the opinion that thesearching and preparation of the record for disclosure would
amount to more than 6 hours, he/she shall inform the requestor topay a deposit not exceeding one third of the amount payable.

-

Following the response to the request from the information officer, the requestor must
submit payment or proof of payment as may be applicable by either post, Physical
Address, facsimile or electronical mail indicated hereto.

-The requester may lodge a complaint with the Information Regulator or a court application
against the rendering of the access fee.

-The request for access will be dealt with within 30 days from date of receipt, unless therequestor has set out special grounds that satisfies the Information Officer that the request
be dealt with sooner.

-If the Information Officer fails to give the decision or request an extension on a request
within thirty days, the request will be deemed to be refused.

-The period of 30 days may be extended by not more than 30 additional days, if the request
is for a large quantity of information, the requester consents to the extension in writing or
the request requires a search for information held at another office of MCSI and theinformation cannot be reasonably obtained within 30 days. The information officer will
notify the requestor in writing should an extension be necessary.

-In the event of payment being made and the request denied, the Information officer mustcause the fees paid over to be returned to the requestor.

9. Grounds for Refusal
MSCI may refuse to grant access upon the following grounds:

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the disclosure would involve the unreasonable disclosure of personal information about athird party, including a deceased individual;•

when there is a mandatory protection of commercial, confidential or research informationof both a third party and MSCI;•A confidentiality Agreement is in place between the responsible party and a third party;•

protection of safety of individuals and protection of property;•

protection of records privileged from production in legal proceedings;•research information that when disclosed would disadvantage the research or researcher.

•if the request is manifestly frivolous or vexatious, or an unreasonable diversion ofresources.

If all reasonable steps have been taken to find a record and there are reasonable grounds forbelieving that the record is in the private body’s possession but cannot be found or does notexist. The Information Officer shall notify the requester that it is not possible to give access tothe record.
10. Remedies
MSCI does not have internal appeal procedure. The decision made by the Information Officeris final.
The requestor may in accordance with Section 53(3)(c) and 78 of PAIA apply to court for arelief within 180 days of notification of the decision of the Information Officer.
If the request for access is refused the Information Officer shall notifies requestor about:-reasons for the refusal-information on the procedure for lodging an application against the refusal, asindicated above.

11. Applicable fees
The Information Officer requires the requester to pay the prescribed request fee before further
processing the request. The applicable fees are:

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12. Protection of personal information
Please refer to our Privacy Notice for details of our processing activities athttps://www.msci.com/privacy-pledge.
Objections, Correction and Deletion:-Section 11(3) of POPI and regulation 2 of the POPI regulations provides that a data
subject may, at any time object to the processing of their personal information in theprescribed form.

-Section 24 of POPI and regulation 3 of the POPI regulations provides that a data
subject may request for their personal information to be corrected and/or deleted in
the prescribed form.

13. Update of the manual
MSC will update this Manual at such intervals as may be deemed necessary but at least on
an annual basis.

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