1. Introduction
This manual is published under section 51 of the Promotion of Access to Information Act 2 of 2000 (PAIA). It tells you what records Element UI holds and how to request access to them. It also sets out how we process personal information, as required by section 51(1)(c) read with the Protection of Personal Information Act 4 of 2013 (POPIA).
2. Contact details and Information Officer
- Trading name
- Element UI
- Registered name
- Available on request from info@elementui.co.za
- Registration number
- Available on request from info@elementui.co.za
- Information Officer
- The owner of Element UI acts as Information Officer
- info@elementui.co.za
- Telephone and WhatsApp
- +27 76 332 8765
- Physical address
- Pretoria, Gauteng, South Africa (full street address available on request from info@elementui.co.za)
- Website
- www.elementui.co.za
All requests for access to records must be sent to the Information Officer at the email address above.
3. Guide by the Information Regulator
The Information Regulator has published a Guide on how to use PAIA and POPIA, as required by section 10 of PAIA. The Guide is available in all official languages from the Information Regulator, and a copy can be inspected at our office on request.
- Name
- Information Regulator (South Africa)
- Physical address
- JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001
- Complaints
- PAIAComplaints@inforegulator.org.za
- General enquiries
- enquiries@inforegulator.org.za
- Website
- inforegulator.org.za
4. Records available without a request
The following records are freely available on our website without a formal PAIA request (section 52):
- Information about our services, pricing and promotions.
- Our portfolio, case studies and published articles.
- Our Privacy Policy, Terms and Conditions, Refund and Cancellation Policy, Cookie Policy and this manual.
5. Records kept in terms of legislation
Where applicable to our business, we keep records in terms of the following legislation:
- Basic Conditions of Employment Act 75 of 1997
- Companies Act 71 of 2008
- Compensation for Occupational Injuries and Diseases Act 130 of 1993
- Consumer Protection Act 68 of 2008
- Electronic Communications and Transactions Act 25 of 2002
- Employment Equity Act 55 of 1998
- Income Tax Act 58 of 1962
- Labour Relations Act 66 of 1995
- Protection of Personal Information Act 4 of 2013
- Skills Development Levies Act 9 of 1999
- Tax Administration Act 28 of 2011
- Unemployment Insurance Act 63 of 2001
- Value-Added Tax Act 89 of 1991 (where applicable)
6. Subjects and categories of records held
- Company and statutory
- Registration documents, founding documents, statutory registers and correspondence with regulators.
- Financial and tax
- Accounting records, bank statements, invoices, quotes, payment records, tax returns and assessments.
- Clients
- Contact details, quotes, agreements, project files, hosting records, invoices and correspondence.
- Suppliers and service providers
- Agreements, invoices, contact details and correspondence.
- Employees and contractors
- Contracts, payroll, leave, tax and statutory records, and commission records.
- Information technology
- System documentation, licences, security policies and access records.
- Marketing
- Website content, published articles, portfolio, reviews, promotional material and enquiry records.
7. Processing of personal information
Purposes of processing
Responding to enquiries, preparing quotes, delivering web, software, hosting and marketing services, invoicing and payments, publishing approved reviews, improving our website with consent, meeting legal and tax obligations, and managing employees and suppliers.
Categories of data subjects and information
- Website visitors: cookie choice and, with consent, analytics data.
- Prospective clients: names, contact details, company details and project information.
- Clients and their staff: names, contact details, company and billing details, VAT numbers, project content and payment records.
- Reviewers: names, company names and review content.
- Employees and contractors: identity, contact, banking, tax and employment details.
- Suppliers: company and contact details, banking and tax details.
Recipients
Hosting, database, email and analytics providers acting as operators; PayFast for online payments; domain and software suppliers; professional advisers; and authorities where the law requires.
Transfers across borders
Some operators store information outside South Africa. Transfers take place only in line with section 72 of POPIA.
Security measures
Encrypted connections, role-based access controls, database access rules, secured credential storage, rate limiting and spam protection on public forms, and keeping personal information out of system logs.
8. How to request access to a record
- Complete Form 2 (Request for Access to Record) prescribed by the PAIA Regulations, 2021, available from the Information Regulator's website.
- Email the completed form to the Information Officer at info@elementui.co.za. Include proof of identity and, if you act for someone else, proof of your authority.
- Describe the record clearly, state the form of access you want, and identify the right you want to exercise or protect and why the record is needed for it.
- We will decide on your request within 30 days. We may extend this once by up to 30 days in the circumstances allowed by section 57, and will tell you if we do.
9. Fees
Requesters other than personal requesters pay the request fee prescribed in the PAIA Regulations, 2021. A personal requester (someone asking for their own personal information) pays no request fee. Access fees for searching, preparing and reproducing records may be payable in line with the prescribed tariffs, and a deposit may be required where the search and preparation will take longer than the prescribed period. We will tell you in advance of any fees payable.
10. Grounds for refusal
We may refuse access only on the grounds set out in Chapter 4 of Part 3 of PAIA, including to protect the privacy of third parties, commercial information of third parties or of Element UI, confidential information, the safety of individuals and property, and records privileged from production in legal proceedings. If we refuse a request, we will give reasons.
11. Remedies
We do not have an internal appeal procedure. If you are not satisfied with our decision, you may lodge a complaint with the Information Regulator within 180 days (section 77A) or apply to a court for appropriate relief (section 78).
12. Availability of this manual
This manual is available on our website and can be emailed to you on request at no charge. It is reviewed regularly and updated when our business or the law changes.
