Legal

PAIA Manual

This manual explains what records we hold and how you can ask for access to them under the Promotion of Access to Information Act 2 of 2000 (PAIA). It also sets out how we process personal information under the Protection of Personal Information Act 4 of 2013 (POPIA).

1. About this manual and our contact details

This manual is published under section 51 of PAIA. It applies to AfriVenture Experiences (Pty) Ltd (registration number 2017/250890/07), trading as Luxury Family Safaris, a private company incorporated in the Republic of South Africa.

Head of the private body and Information Officer
Stuart Rice, Director
Street and postal address
53 Hobart Road, Bryanston, Johannesburg, 2191, South Africa
Telephone
+27 73 168 0048
Email
info@luxuryfamilysafaris.com
Website
www.luxuryfamilysafaris.com

Please address all requests under this manual to the Information Officer. This manual is available free of charge on our website and for inspection at our office during business hours. A copy can also be emailed to you on request.

2. The Information Regulator’s PAIA Guide

The Information Regulator has published a Guide, under section 10 of PAIA, on how to use the Act to exercise your right of access to information. It explains who can request records, how to make a request, the fees and the remedies available.

The Guide is available in all official languages from the Information Regulator:

  • Website: inforegulator.org.za
  • Email: enquiries@inforegulator.org.za

You can also ask our Information Officer for a copy of the Guide, which we will provide free of charge.

3. Records we hold

We hold the categories of records below. Listing a category does not mean every record in it will be released: access is subject to the grounds for refusal in section 6.

Company and governance

Records: Memorandum of Incorporation, registration documents, share register, directors’ resolutions and minutes

Financial and tax

Records: Annual financial statements, accounting records, bank statements, invoices, tax and VAT records

Clients and travellers

Records: Enquiries, proposals and quotations, booking confirmations and itineraries, traveller and passport details, special requirements, payment records and correspondence

Suppliers and partners

Records: Contracts and rate agreements with lodges, airlines, charter operators and other suppliers; supplier invoices and correspondence

Employees and contractors

Records: Employment contracts, personnel and payroll records, leave records and tax and UIF records

Marketing and website

Records: Website content, marketing materials, mailing lists and opt-out records, website analytics

Information technology

Records: Software licences, system and security records, data-processing agreements

Insurance and legal

Records: Insurance policies, claims records, legal correspondence and agreements

Records automatically available. We have not published a notice under section 52 of PAIA. Information published on our website, such as lodge and destination information, our Terms & Conditions and our Privacy Policy, is freely available without a request.

Records kept under other laws. We keep records as required by the laws that apply to our business, where applicable, including:

  • 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
  • Electronic Communications and Transactions Act 25 of 2002
  • Protection of Personal Information Act 4 of 2013
  • Tourism Act 3 of 2014

4. How we process personal information (POPIA)

Our Privacy Policy, published on our website, gives full details. In summary:

Purpose. We process personal information to answer enquiries, plan, book and deliver travel, take payments, support travellers during their trip, send marketing to those who agree to it, employ staff, manage suppliers, and meet our legal obligations.

Clients, travellers and enquirers (including children)

Personal information we process: Names, contact details, dates of birth, nationality, passport details, travel preferences, dietary, medical and mobility needs, body weights for light-aircraft transfers, insurance and emergency-contact details, payment records

Employees and contractors

Personal information we process: Identity and contact details, qualifications, employment and payroll records, bank details, tax and UIF information

Suppliers and service providers

Personal information we process: Company and contact details, contracts, bank details, invoices and correspondence

Website visitors

Personal information we process: IP address, browser and device details, pages viewed and cookie identifiers

Recipients. We share personal information only as needed with travel suppliers (lodges, camps, hotels, airlines, charter and transfer operators, guides and permit authorities), with service providers acting for us (website hosting, email, accounting and banking), with professional advisers and insurers, and with authorities where the law requires it.

Transfers outside South Africa. Our trips take place across several African and Indian Ocean countries, so traveller information is sent to suppliers in those countries. Our website and email providers may also store information outside South Africa. We transfer personal information across borders only as section 72 of POPIA allows.

Security. We protect personal information with access controls, encrypted connections, password-protected systems, staff confidentiality obligations and need-to-know sharing of passport and health details. We will notify affected people and the Information Regulator of any security compromise as section 22 of POPIA requires.

5. How to request access

To request a record, complete Form 2 (Request for Access to Record) prescribed by the PAIA Regulations, 2021. The form is available from the Information Regulator’s website or from our Information Officer.

  1. Send the completed form to our Information Officer by email to info@luxuryfamilysafaris.com, or by post or hand delivery to our address in section 1.
  2. Give enough detail for us to identify the record and you as the requester, and say how you would like access (for example, a copy by email).
  3. If you are asking on behalf of someone else, include proof of your authority to do so.
  4. If you need the record to exercise or protect a right, identify the right and explain why the record is needed.
  5. Pay the request fee, if one applies (see section 6).

We will decide on your request within 30 days of receiving it. We may extend this once, by up to 30 days, if the request is for a large number of records or needs a search or consultation that cannot reasonably be completed in time; we will tell you in writing if we do. If a request involves a third party’s information, we will notify that third party as PAIA requires before deciding.

If you only want to see or correct your own personal information, you can also ask us directly under POPIA, as explained in our Privacy Policy.

6. Fees, refusals and remedies

Fees. We charge only the fees prescribed in the PAIA Regulations, 2021, which currently include:

Request fee (not payable by a personal requester asking for their own records)

Amount: R140.00

Copies (per A4 page, black and white)

Amount: R2.00

Search and preparation (per hour or part of an hour, after the first hour)

Amount: R145.00, up to a maximum of R435.00

If the search and preparation will take more than 6 hours, we may ask for a deposit of one-third of the access fee before we proceed. Any deposit is refunded if access is refused.

Grounds for refusal. We may, or in some cases must, refuse access where PAIA requires it, including to protect:

  • the privacy of a third party who is a natural person (section 63);
  • commercial or confidential information of a third party (sections 64 and 65);
  • the safety of individuals and the protection of property (section 66);
  • records privileged from production in legal proceedings (section 67);
  • our own commercial information, such as trade secrets, supplier rates and financial information (section 68);
  • research information (section 69).

We must still release a record where disclosure would reveal a serious contravention of the law or an imminent and serious public safety or environmental risk, and the public interest in disclosure clearly outweighs the harm (section 70). If only part of a record is protected, we will release the rest.

Remedies. We are a private body, so there is no internal appeal. If you are unhappy with our decision, you may lodge a complaint with the Information Regulator within 180 days, or apply to a court within 180 days of our decision.

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