Legal PAIA manual
Last updated
This manual is published under section 51 of the Promotion of Access to Information Act 2 of 2000 (“PAIA”), as amended by the Protection of Personal Information Act 4 of 2013 (“POPIA”). It explains which records Artive Commerce (Pty) Ltd keeps, how you can ask for access to them, and how we process personal information.
1. About us
- Name: Artive Commerce (Pty) Ltd
- Registration number: 2024/577334/07
- Physical and postal address: 22 Magwa Cres, Waterfall, Midrand, 1686, South Africa
- Phone: +27 60 205 3922
- Email: hi@artive.co.za
- Website: artive.co.za
Artive is a creative commerce agency. We provide brand, design, e-commerce, marketing and technology services, run design subscriptions, and sell products and tools for merchants through our online store.
2. Information Officer
Requests under PAIA and POPIA go to our Information Officer:
- Information Officer: Samuel Ramvuvhelo
- Email: hi@artive.co.za (subject: “PAIA request”)
- Address: 22 Magwa Cres, Waterfall, Midrand, 1686, South Africa
3. The Information Regulator’s guide
The Information Regulator has published a guide on how to use PAIA and POPIA to get access to information, as section 10 of PAIA requires. It is available in the official languages on the Information Regulator’s website, inforegulator.org.za, and from its offices at JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001.
4. Records available without a request
The following are available to anyone, without a formal request, on our website or by email:
- information about our services, products, prices and plans
- our legal pages: privacy policy, terms and conditions, delivery and returns, cookie policy, accessibility statement, modern slavery statement and Right to Speak process
- articles, guides and other content published on the website
5. Records kept under other laws
We keep records as required by, among others, the following laws, where they apply to us:
- Companies Act 71 of 2008
- Income Tax Act 58 of 1962 and Tax Administration Act 28 of 2011
- Value-Added Tax Act 89 of 1991
- Basic Conditions of Employment Act 75 of 1997, Labour Relations Act 66 of 1995 and Employment Equity Act 55 of 1998
- Unemployment Insurance Act 63 of 2001 and Compensation for Occupational Injuries and Diseases Act 130 of 1993
- Skills Development Levies Act 9 of 1999
- Consumer Protection Act 68 of 2008 and Electronic Communications and Transactions Act 25 of 2002
- Protection of Personal Information Act 4 of 2013
6. Records we hold
| Subject | Categories of records |
|---|---|
| Company | Registration documents, memorandum of incorporation, share register, directors’ records and resolutions |
| Finance and tax | Financial statements, accounting records, invoices, bank records, tax returns and correspondence with SARS |
| People | Employment contracts, freelancer agreements, payroll, leave and performance records |
| Clients | Proposals, agreements, project files, correspondence, subscription and billing records |
| Customers | Orders, delivery details, payments, returns and customer service correspondence |
| Suppliers | Supplier and service provider agreements, orders and invoices |
| Marketing | Newsletter subscribers and their consent, campaign records and website analytics |
| Technology | Website, CRM, client portal and booking system data, system logs and security records |
7. How we process personal information
Why we process it
To provide our services and products, manage client relationships and subscriptions, process orders and payments, reply to enquiries, send marketing where the law allows it, keep our website secure, meet our legal obligations and run our business.
Whose information we hold, and what
| Data subjects | Personal information |
|---|---|
| Clients and prospective clients | Names, contact details, company details, project information and billing records |
| Customers | Names, contact and delivery details, order and payment history (card details are handled by PayFast, not by us) |
| Website visitors | IP address, device and browser details and pages visited, collected through cookies |
| Newsletter subscribers | Name, email address and consent records |
| Employees and freelancers | Identity and contact details, banking details, tax information and employment records |
| Suppliers | Contact people, company details and banking details |
Who receives it
We share personal information only where needed, with: our hosting provider (Truehost); our payment provider (PayFast); our email and newsletter platform (Brevo); WhatsApp Business, when you message us there; analytics and advertising providers (Google Analytics 4, Hotjar, Meta and TikTok), only if you accept those cookies; couriers delivering your order; our professional advisers; and authorities where the law requires it. Our CRM, client portal and booking system are our own.
Information sent outside South Africa
Some of these providers store information outside South Africa. When that happens, we make sure the recipient is bound by law, binding corporate rules or an agreement that gives protection substantially similar to POPIA, as section 72 of POPIA requires.
How we keep it safe
We use reasonable technical and organisational measures, including encrypted connections (HTTPS), access controls, strong passwords, regular backups and reputable service providers. If personal information is compromised, we will notify the people affected and the Information Regulator as POPIA requires.
8. How to request access to a record
- Complete the prescribed request form (Form 2 in the PAIA Regulations), available on the Information Regulator’s website, or ask us for a copy.
- Send it to the Information Officer by email or post, using the details in section 2.
- Give enough detail for us to identify the record, say how you want to receive it, and state the right you want to exercise or protect and why the record is needed for it.
- If you are asking on behalf of someone else, include proof of your authority to do so.
We will reply within 30 days. We may extend that by up to another 30 days in the circumstances PAIA allows, and we will tell you if we do. Requests for your own personal information can also be made under POPIA, as explained in our privacy policy.
9. Fees
PAIA allows a request fee and an access fee (for searching, preparing and copying records), at the amounts set in the PAIA Regulations and published by the Information Regulator. There is no request fee when you ask for your own personal information. We will tell you before we start if a fee or deposit is payable.
10. Grounds for refusal
We may refuse access only on the grounds set out in Chapter 4 of Part 3 of PAIA, including where access would:
- unreasonably disclose personal information about someone else
- disclose a third party’s trade secrets or confidential commercial information
- breach a duty of confidence owed to a third party
- endanger someone’s life or safety, or the security of property
- disclose records protected by legal privilege
- disclose our own trade secrets or commercial information whose disclosure could harm us
If we refuse, we will give our reasons in writing.
11. If you are not satisfied
You may complain to the Information Regulator within 180 days of our decision, or apply to court for relief. Details and complaint forms are on inforegulator.org.za.
12. Availability of this manual
This manual is available on our website and at our offices, free of charge. We review it at least once a year and update it when our practices change.