PAIA Manual

Please familarise yourself with our PAIA Manual

PAIA Manual

This Manual is published in terms of Section 51 of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000)(“the Act”). The Act gives effect to the provisions of Section 32 of the Constitution, which provides for the right of access to information held by the State and to information held by another person that is required for the exercise and/or protection of any right.

The reference to any information in addition to that specifically required in terms of Section 51 of the Act does not create any right or entitlement (contractual or otherwise) to receive such information, other than in terms of the Act.

Midnight Monkey (Pty) Ltd Overview

Midnight Monkey (Pty) Ltd provides the following services to its customers, Website Design, Web Hosting, Graphics Design, Hologram Advertising, Social Media and PPC Advertising, Video Products, DIY Website builder to its customers, in both the corporate and home market. Some of these services include, but are not limited to, Hosting services, Server Deployments, Mail Filtering, SSL Certificates, Domain Registration Services, Domain Management, Network/Server Monitoring and Server Management.

Midnight Monkey (Pty) Ltd supports the constitutional right of access to information and we are committed to provide you access to our records in accordance with the provisions of the Act, the confidentiality we owe third parties and the principles of South African law.

Availability of this manual

A copy of this Manual is available on our website (www.midnightmonkey.co.za) or by sending a request for a copy to the Information Officer by email. The Manual may also be obtained from our head office, the South African Human Rights Commission (“SAHRC”) at the addresses set out below. This Manual will be updated from time to time, as and when required.

How to request access to records held by Midnight Monkey (Pty)

Requests for access to records held by the Midnight Monkey (Pty) Ltd must be made on email which should be directed at info@midnighmonkey.co.za, or from the SAHRC website (www.sahrc.org.za) or the Department of Justice and Constitutional Development (www.doj.gov.za) (under “regulations”). Note that requests need not be accompanied by payment BUT will only be processed upon payment of the prescribed fees.

Requests for access to records must be made to our Information Officer at the address, fax number or electronic mail address provided for below.

The requester must provide sufficient detail on the request 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 indicate if he or she wishes to be informed in any other manner and state the necessary particulars to be so informed.

The requester must identify the right that he or she is seeking to exercise or protect and provide an explanation of why the requested record is required for the exercise or protection of that right. If a request is made on behalf of a person, the requester must then submit proof of the capacity in which the requester is making the request to the satisfaction of the Information Officer of Midnight Monkey (Pty) Ltd.

Kindly note that all requests to Midnight Monkey (Pty) Ltd will be evaluated and considered in accordance with the Act. Publication of this manual and describing the categories and subject matter of information held by Midnight Monkey (Pty) Ltd does not give rise to any rights (in contract or otherwise) to access such information or records except in terms of the Act.

Contact Details

Name of Private Body: Midnight Monkey (Pty) Ltd
Designated Information Officer: Shaun Segers
Email address of Information Officer: info@midnightmonkey.co.za
Postal address: 21 Speel Rd, Freeway Park, Boksburg, Johannesburg, 1459
Street address: 21 Speel Rd, Freeway Park, Boksburg, Johannesburg, 1459
Phone number: 064 466 4259
Fax number: N/A

How to access the guide as described in section 10 of the act

The Guide described in Section 10 of the Act is due in August 2003. From that date it will be available from the South African Human Rights Commission. Please direct any queries to:

The South African Human Rights Commission:
PAIA Unit
The Research and Documentation Department
Postal address: Private Bag 2700, Houghton, 2041
Telephone: +27 11 484-8300
Fax: +27 11 484-0582
Website: www.sahrc.org.za
E-mail: paia@sahrc.org.za

Voluntary Disclosure

Midnight Monkey (Pty) Ltd has not published a notice in terms of Section 52(2) of the Act, however, it should be noted that the information relating to Midnight Monkey(Pty) Ltd and its services is freely available on Midnight Monkey (Pty) Ltd ’s website. Certain other information relating to Midnight Monkey (Pty) Ltd is also made available on such website from time to time.

Further information in the form of marketing brochures, advertising material and other public communication is made available from time to time.

Records available in terms of other legislation section 51 (1) (d)

Information is available in terms of the following legislation, if and where applicable, which includes but is not limited to: Basic Conditions of Employment No. 75 of 1997:

– Closed Corporation Act No. 69 of 1984
– Companies Act 61 of 1973
– Electronic Communications and Transactions Act 25 of 2002.
– Financial Intelligence Centre Act – Act 38 of 2001
– Labour Relations Act 66 of 1995
– Promotion of Access to Information Act No. 2 of 2000
– Regional Services Councils Act No. 109 of 1985
– Skills Development Levies Act No. 9 of 1999
– Skills Development Act No. 97 of 1998
– Unemployment Contributions Act No. 4 of 2002
– Unemployment Insurance Act No. 63 of 2001
– Value Added Tax Act No. 89 of 1991

Access to the records held by the private body in question: Not applicable

Records held by Midnight Monkey (Pty) Ltd

Midnight Monkey (Pty) Ltd maintains records on the following categories and subject matters. However, please note that recording a category or subject matter in this Manual does not imply that a request for access to such records would be honoured. All requests for access will be evaluated on a case by case basis in accordance with the provisions of the Act.

Internal Records:

– Memorandum and Articles of Association
– Financial records
– Operational records
– Intellectual property
– Marketing records
– Internal correspondence
– Product records
– Statutory records
– Internal policies and procedures

Personnel records:

Personnel refers to any person who works for or provides services to or on behalf of Midnight Monkey (Pty) Ltd and receives or is entitled to receive any remuneration and any other person who assists in carrying out or conducting the business of Midnight Monkey (Pty) Ltd. This includes, without limitation, directors, executive directors, non-executive directors, all permanent, temporary and part-time staff as well as contract workers. Personnel records include the following:

– Any personal records provided to Midnight Monkey (Pty) Ltd by their personnel; Any records a third party has provided to Midnight Monkey (Pty) Ltd about any of their personnel;
– Conditions of employment and other personnel-related contractual and quasi-legal records;
– Internal evaluation records; and
– Other internal records and correspondence.

Customer records:

Please be aware that Midnight Monkey (Pty) Ltd is very concerned about protecting the confidential information of its customers. Please motivate any request for customer information very carefully, having regard to Sections 63 to 67 of the Act

Customer information includes the following:

– Any records a customer has provided to Midnight Monkey (Pty) Ltd or a third party acting for or on behalf of Midnight Monkey (Pty) Ltd;
– Contractual information;
– Customer needs assessments;
– Personal records of customers;
– Credit information and other research conducted in respect of customers;
– Any records a third party has provided to Midnight Monkey (Pty) Ltd about customers;
– Confidential, privileged, contractual and quasi-legal records of customers;
– Customer evaluation records;
– Customer profiling;
– Performance research conducted on behalf of customers or about customers;
– Any records a third party has provided to Midnight Monkey (Pty) Ltd either directly or indirectly;
– Records generated by or within Midnight Monkey (Pty) Ltd pertaining to customers, including transnational records.

Technical records:

– Technical records generated by, or within Midnight Monkey (Pty) Ltd pertaining to customers.

Other Parties

Records are kept in respect of other parties, including without limitation contractors, suppliers, joint ventures, service providers and general market conditions. In addition, such other parties may possess records, which can be said to belong to Midnight Monkey (Pty) Ltd. The following records fall under this category:

– Personnel, customer or Midnight Monkey (Pty) Ltd records which are held by another party as opposed to being held by Midnight Monkey (Pty) Ltd; and – Records held by Midnight Monkey (Pty) Ltd pertaining to other parties, including financial records, correspondence, contractual records, electronic mail, logs, cached information, records provided by the other party, and records third parties have provided about the contractors/suppliers or customer.

Other Records

Further records are held including:

– Information relating to Midnight Monkey (Pty) Ltd own commercial activities; and
– Research carried out on behalf of a client by Midnight Monkey (Pty) Ltd or commissioned from a third party for a customer;
– Research information belonging to Midnight Monkey (Pty) Ltd, whether carried out itself or commissioned from a third party.

Access to Prescribed Forms

Request for Access to Information: info@midnightmonkey.co.za