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Dow Southern Africa (Pty) Ltd
DuPont Performance Materials (Pty) Ltd
Predate Properties (Pty) Ltd
Union Carbide South Africa (Pty) Ltd
Cisvaal (Pty) Ltd
Sentrachem (Pty) Ltd
Dow South Africa Holdings (Pty) Ltd(collectively or individually referred to as "the Dow SA Entities")

PAIA MANUALThis manual has been prepared in terms of Section 51 of
The Promotion of Access to Information Act 2 ('PAIA') of 2000 and updated in terms of
the Protection of Personal Information Act 4 ('POPI') of 2013

1 September 2021

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Contents1.

INTRODUCTION.............................................................................................................. 32.

COMPANY CONTACT DETAILS ................................................................................. 3

3.

INFORMATION OFFICER DETAILS ........................................................................... 3

4.

THE PROMOTION OF ACCESS TO INFORMATION ACT 2000 ........................... 3

5.

INFORMATION MANUAL.............................................................................................. 46.

GUIDE OF SA HUMAN RIGHTS COMMISSION ....................................................... 4

7.

APPLICABLE LEGISLATION ....................................................................................... 48.

SUBJECT CATEGORIES OF RECORDS .................................................................. 59.

RECORDS AUTOMATICALLY AVAILABLE............................................................. 710.

HOW TO MAKE A REQUEST ................................................................................... 711.

GROUNDS FOR REFUSAL OF ACCESS .............................................................. 812.

THIRD PARTY NOTIFICATION ................................................................................ 813.

PRESCRIBED FEES ................................................................................................... 9

14. REMEDIES AVAILABLE IN RESPECT OF AN ACT BY ANY OF THE DOWSA ENTITIES OR AS A RESULT OF ANY OF THE DOW SA ENTITIES' FAILURE
TO ACT..................................................................................................................................... 915.

PROTECTION OF PERSONAL INFORMATION ................................................. 1016.

UPDATING OF MANUAL......................................................................................... 102

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1. INTRODUCTION
The Dow SA Entities manufactures, imports and distributes chemicals.
2. COMPANY CONTACT DETAILS
Street and Postal Address:

Ground Floor, Magwa Building
Maxwell Office Park
Magwa Crescent
Waterfall City
South Africa

Telephone:+27 11 073 7257

Fax:+27 11 073 7287

Email:

schan5@dow.com

Website:www.africa.dow.com

3. INFORMATION OFFICER DETAILS
Requests pursuant to the provisions of PAIA and/or POPI should be directed to theInformation Officer as follows:
Name:

Simon Chan

Street and Postal Address:

Ground Floor, Magwa Building
Maxwell Office Park
Magwa Crescent
Waterfall City
South Africa

Telephone:+27 11 073 7257

Fax:

+27 11 073 7287

Email:

schan5@dow.com

4. THE PROMOTION OF ACCESS TO INFORMATION ACT 2000
The Promotion of Access to Information Act 2000 ("PAIA") gives effect to the section 32
Constitutional right of access to information held by the State and any information that isheld by another person that is required for the exercise of protection of any rights and toprovide for matters connected therewith.
Where a request is made in terms of PAIA, the body to which the request is made is obliged
to give access to the requested information, except where PAIA expressly provides that theinformation may or must not be released. It is important to note that PAIA recognises certain
limitations to the right of access to information including, but not exclusively, limitations
aimed at the reasonable protection of privacy, commercial confidentiality, and effective,3Version 1: 01/09/2021
efficient and good governance in a manner which balances that right with any other rights,
including such rights contained in the Bill of Rights in the Constitution.
5. INFORMATION MANUALOne of the main requirements specified in PAIA is the compilation of an information manualthat provides information on both the types and categories of records held by a private body.
This document serves as the Dow SA Entities' information manual.
This manual is compiled in accordance with PAIA and POPI. It is intended to give adescription of the records held by and on behalf of the Dow SA Entities; to outline theprocedure to be followed and the fees payable when requesting access to any of theserecords in the exercise of the right of access to information, with a view of enabling
requesters to obtain records which they are entitled to in a quick, easy and accessible
manner. It is also intended to provide various information in terms of POPI.
This manual is available for public inspection:••••

At the physical address of Dow Southern Africa, free of charge; andOn the Dow website, free of charge https://africa.dow.com/;
On request by any person (along with payment of a prescribed fee);
To the Information Regulator upon request.

The manual is available from the designated Information Officer, whose details appear insection 3.
6. GUIDE OF SA HUMAN RIGHTS COMMISSIONThe South African Human Rights Commission ("SAHRC") has compiled a Guide as requiredin terms of Section 10 of PAIA. The Guide contains such information as may reasonably berequired by a person who wishes to exercise any right contemplated in PAIA.
The Guide may be obtained from the SAHRC and the Guide is available in all the official
languages of the Republic of South Africa.
Any enquiries regarding this Guide should be directed to The South African Human Rights
Commission at:
Address:
PAIA Unit (The Research and Documentation Department),
Private Bag X2700, Houghton, 2041
Telephone Number:
Fax Number:
Website:Email:(011) 877-3600(011) 403-0625
www.sahrc.orq.za
paia@sahrc.orq.za

7. APPLICABLE LEGISLATION••••

Labour Relations Act 66 of 1995.
Employment Equity Act 55 of 1998.
Basic Conditions of Employment Act 75 of 1997.
Compensation for Occupational Injuries and Diseases Act 130 of 1993.
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Competition Act No. 89 of 1998.
Skills Development Levies Act No. 9 of 1999.
Transfer Duty Act No. 40 of 1949.
Unemployment Insurance Act No. 30 of 1966.
Unemployment Contribution Act 63 of 2001.
Companies Act 71 of 2008.
Value Added Tax Act 89 of 1991.
Income Tax Act 58 of 1962.
Occupational Health and Safety Act 85 of 1993.
Constitution of the Republic of South Africa 2008.
Customs and Excise Act No. 91 of 1964.
Electronic Communications Act No. 36 of 2005.
Electronic Communications and Transaction Act No. 25 of 2002.
National Environmental Management Act No. 107 of 1998.
Pension Funds Act No. 24 of 1956.
Promotion of Access to Information Act No. 2 of 2000.
Protection of Personal Information Act No. 4 of 2013.
Regulation of Interception of Communications and Provision of Communication
Related Information Act No. 4 of 2013.

The above is not an exhaustive list of statues that may require theDow SA Entities to keeprecords.
8. SUBJECT CATEGORIES OF RECORDS
The following subjects and categories of records are held, pertaining to our data subjects
such as our employees, customers, suppliers and other businesses:
Corporate governance records, including:••••••••

Executive Committee minutes and records
Codes of conduci
Corporate Social Investment records
Directors' minutes and records
Legal compliance
Policies and procedures
Risk management reports
Shareholder agreements

Finance records, including:••
••••
•••
•
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Accounting records
Annual financial statements
Banking records/ statements
Business contracts
Credit bureau records
General correspondenceInternal control reports
Invoices, credit notes, statements etc
Management accounts
Property leases
Proposal and tender documents
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SA Reserve Bank returns and correspondence
Statutory records
Tax returns and SARS correspondenceHuman resources records, including:
••••
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Bargaining Council records and correspondence
BEE statistics, certificates and audit reports
Employment Equity reports
Leave records
Letters of employment
Medical aid records
PAYE records and returns
Payroll records
Personnel files and records
Policies and procedures
Retirement benefit records
SOL records and returns
SETA records and correspondence
Staff attendance records
Traineeship contracts
Training material
Training statistics
UIF records and returns
Union records and correspondence
Workman's Compensation records

Information technology records, including:
••
•
•
•

Contracts and agreements
Policies and procedures
Register of software and hardware
Warranties
EmailsCompany information and resources records, including:•••Industry journals
Internal published books and material
Companies Act records

Marketing and business growth records, including:••••Contracts and agreements
Marketing brochures and advertising records
Marketing strategies
New business development

Operations records, including:••

Asset registration records
Compliance records

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••
•
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•
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Contracts and agreements
General correspondence
Health and safety records
Import and export records
Insurance records and correspondence
Quality control records
Service level agreements
Telephone and communication records

Environmental, Health and Safety Records, including:••••Material Safety Data Sheet s
Environmental Surveys
Effluent Analysis
Waste disposal certificates

9. RECORDS AUTOMATICALLY AVAILABLE
All information pertaining to the Dow SA Entities at www.africa.dow.com is freely available
for inspection and does not need to be requested in terms of PAIA. This includes the Dow
SA Entities general terms and conditions and privacy statement.
10. HOW TO MAKE A REQUEST
To facilitate a timely response to requests for access, all requesters should complete theForm C Request for Access to Record of Private Body, annexed hereto.
The request must be made to the Information Officer at the address, fax number orelectronic mail address of the body concerned.
If a requester is unable to complete the prescribed form because of illiteracy or disability,
such a person may make the request orally.
A requester must provide sufficient detail on the prescribed 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 specify a postal address, fax number in the Republic or emailaddress.
The requester should also indicate if, in addition to a written reply, any other manner is to be
used to inform the requester and state the necessary particulars to be so informed.
The requester must identify the right that is sought to be exercised or protected and provide
an explanation of why the requested record is required for the exercise or protection of thatright.
If a request is made on behalf of another person, the requester must submit proof of thecapacity in which the requester is making the request to the satisfaction of the head of theprivate body.

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The requester will be informed in writing whether access has been granted or denied. If, inaddition, the requester requires the reasons for the decision in any other manner, then hemust expressly request this.
11. GROUNDS FOR REFUSAL OF ACCESS
Any of the Dow SA Entities may refuse a request for information on the following basis:••••••

Mandatory protection of the privacy of a third party who is a natural person, whichwould involve the unreasonable disclosure of personal information of that naturalperson.
Mandatory protection of the commercial information of a third party, if the record
contains:o Trade secrets of that third party;o Financial, commercial, scientific or technical information which disclosure
could likely cause harm to the financial or commercial interests of that thirdparty;ando Information disclosed in confidence by a third party to a Dow SA Entity, if thedisclosure could put that third party at a disadvantage in negotiations orcommercial competition.
Mandatory protection of confidential information of third parties if it is protected interms of any agreement or legislation.
Mandatory protection of the safety of individuals and the protection of property.
Mandatory protection of records which would be regarded as privileged in legal
proceedings.
The commercial activities of Dow SA Entities, which may include:o Trade secrets of Dow SA Entities;o Financial, commercial, scientific or technical information which disclosure
could likely cause harm to the financial or commercial interests of Dow SA
Entities; ando Information which, if disclosed, could put Dow SA Entities at a disadvantage
in negotiations or commercial competition.

12. THIRD PARTY NOTIFICATIONThe Information Officer of Dow SA Entities considering a request for access to a record thatmight be a record contemplated must take all reasonable steps to inform a third party towhom or which the record relates of the request. The third party must be informed as soon
as reasonably possible, but in any event within 21 business days after that request isreceived and by the fastest means reasonably possible.
When informing a third-party, the Information Officer must:••••

State that he or she is considering a request for access to a record that might be arecord contemplated in section 63(1), 64(1), 65 or 69(1) of PAIA and describe thecontent of the record;
Furnish the name of the requester;
Describe the provisions of section 63(1), 64(1), 65 or 69(1), as the case may be;
In any case where the Information Officer believes that the provisions of section 70
might apply, describe those provisions, specify which of the circumstances referred
to in section 70(a) in the opinion of the Information Officer might apply and state thereasons why he or she is of the opinion that section 70 might apply;and8

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State that the third party may, within 21 business days after the third party isinformed:o make written or oral representations to the Information Officer why therequest for access should be refused; oro give written consent for the disclosure of the record to the requester.

13. PRESCRIBED FEES
The following fees are (or may be) payable:
The fee for a copy of the manual as contemplated in regulation 9 (2) (c) is R 1.10 for every
photocopy of an A4 size page or part thereof.
The fees for reproduction referred to in the PAIA Regulations are as follows:
The request fee payable by a requester, other than a personal requester, referred to in
regulation 11 (2) is R50,00.
The fees payable for reproduction or by a requester referred to in the Regulations are asfollows:

For every photocopy of an A4 size page or part thereof
For every printed copy of an A4 size page or part thereof held on acomputer or in electronic or machine-readable form
For a copy in a computer-readable form on:
Stiffy discCompact discFor a transcription of visual images, for an A4size page or part thereof
For a copy of visual images
For a transcription of an audio record, for an A4size page or partthereof
For a copy of an audio record

Rands
1.10
0.75
7.50
70.00
40.00
60.00
20.00
30.00

For purposes of section 54 (2) of PAIA, the following applies:•••

Six hours as the hours to be exceeded before a deposit is payable;
One third of the access fee is payable as a deposit by the requester; andThe actual postage is payable when a copy of a record must be posted to arequester.

14. REMEDIES AVAILABLE IN RESPECT OF AN ACT BY ANY OF THE DOW SA
ENTITIES OR AS A RESULT OF ANY OF THE DOW SA ENTITIES' FAILURE TO ACTInternal Remedies
A requester aggrieved by the decision of any of the Dow SA Entities should contact theInformation Officer (see Section 3 above) and//or Legal Department of the Dow SA Entities
at:schan5@dow.com

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External remedies:
A requester aggrieved by aggrieved by a decision of the Information Officer:••

to refuse a request for access; orrelating to fees, a form of request, or the extension of a time dealing with a request

may, by way of an application, within 180 days apply to a court for appropriate relief in termsof section 82 of PAIA.
15. PROTECTION OF PERSONAL INFORMATION
Our Privacy Notice explains why and how we collect personal data about you, how weprocess such data, and what rights you have regarding your personal data. You may find ourprivacy notice here: https://legal.dow.com/en-us/privacy-statemenUcustomer-privacy-notice
16. UPDATING OF MANUALThe Company will update this Manual as and when required.

Form No.903-289-01-0921 DOW