1. Introduction

The Promotion of Access to Information Act gives effect to the constitutional right of access to any information held by public bodies and any information that is held by private bodies and that is required for the exercise or protection of any rights.

Section 51(1) of PAIA requires that the ‘head of a private body’ compiles a manual that contains various information regarding the records held by private bodies. A ‘private body’ means:
•  a natural person who carries or has carried on any trade, business or profession, but only in such
•  capacity;
•  a partnership which carries or has carried on any trade, business or profession;
•  any former or existing juristic person; or
•  a political party.

We are Richards Bay Coal Terminal (Pty) Ltd, and we fall within the definition of a ‘private body’. We use strategy, research and analytics to deliver stakeholder-centric strategies and solutions to our clients. This is our ‘Access to Information Manual’. Its purpose is to help you access our information and any other information that we have. PAIA requires us to make it available to you so that you:
•  know what types of information we have; and
•  can request access to it.

This manual exists to tell you what information we have and help you get access to it.

2. Our details

Our details are as follows:
•  Company name: Richards Bay Coal Terminal (Pty) Ltd
•  Registration number: 1973/014256/07
•  Postal address: P.O. Box 56, Richards Bay, KwaZulu Natal, 3900
• Physical address: South Dunes, Richards Bay Harbour, Richards Bay, KwaZulu Natal, 3900
•  Phone number: +27 35 904 4911
•  Deputy Information officers: Phindi Mjadu and Damien Gerber
•  Contact email: complianceofficer@rbct.co.za
•  Website: https://www.rbct.co.za

These are all our details, but please rather contact us by email at complianceofficer@rbct.co.za whenever possible.

3. Further guidance

If you would like further guidance on how you can get access to information, you may contact the Information Regulator to find out more information about PAIA. The Information Regulator has compiled a guide in each official language of South Africa on how to exercise any right under PAIA. The guide is available here. The Information Regulator’s contact details are as follows:

•  Postal address: P.O Box 3153, Braamfontein, Johannesburg, 2017
•  Physical address: JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001
•  Phone number: 010 023 5200
•  General e-mail: enquiries@inforegulator.org.za
•  Complaints email: PAIAComplaints@inforegulator.org.za

For further guidance on how you can get access to information, please visit: https://www.justice.gov.za/inforeg/docs/misc/PAIA-Guide-English_20210905.pdf

4.  ACCEPTANCE

We hold the following subjects and categories of records:
•  Company records;
•  Business records;
•  Financial records;
•  Insurance records;
•  Income tax records;
•  Personnel records;
•  Policies and procedures;
•  Agreements or contracts;
•  Regulatory documents;
•  Published information;
•  Shareholder information;
•  Medical records;
•  Supplier and contractor records;

5.  Records that are automatically available 

The following records are automatically available to you without needing to use the request procedure set out in PAIA and detailed in under the ‘How to request access’ section of the manual:
•  Memorandum of incorporation – automatically available from BizPortal;
•  Directors’ names – automatically available from BizPortal;
•  Documents of incorporation – automatically available from BizPortal;
•  Banking details – automatically available on request;
•  External newsletters and circulars; and
•  Information available on our website.

Please note that records that are ‘not automatically available,’ must be requested using the process outlined in the ‘How to request access’ section of this manual.

We hold various subjects and categories of records in electronic or physical form.
 

6.  COLLECTION

On registration

Once you register on our website, you will no longer be anonymous to us. You will provide us with certain personal information when you register on our website.

This personal information will include:

• • stakeholder name and surname;
  • stakeholder email address;
  • stakeholder telephone number;
  • stakeholder postal address or street address; and
  • stakeholder username and password.

We will use this personal information to fulfil stakeholder account, provide additional services and information to you as we reasonably think appropriate, and for any other purposes set out in this policy.

On request

When you request our services from us, you will be asked to provide us with additional information on a voluntary basis (services information).

From browser

We automatically receive and record Internet usage information on our server logs from stakeholder browser, such as stakeholder Internet Protocol address (IP address), browsing habits, click patterns, version of software installed, system type, screen resolutions, colour capabilities, plug-ins, language settings, cookie preferences, search engine keywords, JavaScript enablement, the content and pages that you access on the website, and the dates and times that you visit the website, paths taken, and time spent on sites and pages within the website (usage information). Please note that other websites visited before entering our website might place personal information within stakeholder URL during a visit to it, and we have no control over such websites. Accordingly, a subsequent website that collects URL information may log some personal information.

Cookies

We may place small text files called ‘cookies’ on stakeholder device when you visit our website. These files do not contain personal information, but they do contain a personal identifier allowing us to associate stakeholder personal information with a certain device. These files serve a number of useful purposes for you, including:

• • granting you access to age restricted content;
  • tailoring our website’s functionality to you personally by letting us remember stakeholder preferences;
  • improving how our website performs;
  • allowing third parties to provide services to our website; and
  • helping us deliver targeted advertising where appropriate in compliance with the applicable laws.

Stakeholder internet browser generally accepts cookies automatically, but you can often change this setting to stop accepting them. You can also delete cookies manually. However, no longer accepting cookies or deleting them will prevent you from accessing certain aspects of our website where cookies are necessary. Many websites use cookies and you can find out more about them at www.allaboutcookies.org.

Third party cookies

Some of our business partners use their own cookies or widgets on our website. We have no access to or control over them. Information collected by any of those cookies or widgets is governed by the privacy policy of the company that created it, and not by us.

Web beacons

Our website may contain electronic image requests (called a single-pixel gif or web beacon request) that allow us to count page views and to access cookies. Any electronic image viewed as part of a web page (including an ad banner) can act as a web beacon. Our web beacons do not collect, gather, monitor or share any of stakeholder personal information. We merely use them to compile anonymous information about our website.

Purpose for collection

We may use or process any services information, or optional information that you provide to us for the purposes that you indicated when you agreed to provide it to us. Processing includes gathering stakeholder personal information, disclosing it, and combining it with other personal information. We generally collect and process stakeholder personal information for various purposes, including:

• • business purposes – such as internal audit, accounting, business planning, and joint ventures, disposals of business, or other proposed and actual transactions; and
  • legal purposes – such as handling claims, complying with regulations, or pursuing good governance.

Consent to collection

We will obtain stakeholder consent to collect personal information:

• • in accordance with applicable law;
  • when you provide us with any registration information or optional information.

7.  USE

Our obligations

We may use stakeholder personal information to fulfil our obligations to you.

8. DISCLOSURE

Sharing

We may share stakeholder personal information with:

• • other third parties who provide us with relevant services where appropriate.

Regulators

We may disclose stakeholder personal information as required by law or governmental audit.

Law enforcement

We may disclose personal information if required:

• • by a subpoena or court order;
  • to comply with any law;
  • to protect the safety of any individual or the general public;

No selling

We will not sell personal information. No personal information will be disclosed to anyone except as provided in this privacy policy.

Employees

We may need to disclose personal information to our employees that require the personal information to do their jobs. These include our responsible management, human resources, accounting, audit, compliance, information technology, or other personnel.

Security

We take the security of personal information very seriously and always do our best to comply with applicable data protection laws. Our hosting company will host our website in a secure server environment that uses a firewall and other advanced security measures to prevent interference or access from outside intruders. We authorize access to personal information only for those employees who require it to fulfil their job responsibilities. We implement disaster recover procedures where appropriate

9.  ACCURATE AND UP TO DATE

We will try to keep the personal information we collect as accurate, complete and up to date as is necessary for the purposes defined in this policy. Please note that in order to better protect you and safeguard stakeholder personal information, we take steps to verify stakeholder identity before granting you access to stakeholder account or making any corrections to stakeholder personal information

10. RETENTION

We will only retain stakeholder personal information for as long as it is necessary to fulfil the purposes explicitly set out in this policy, unless:

• • retention of the record is required or authorised by law; or
  • you have consented to the retention of the record.

During the period of retention, we will continue to abide by our non-disclosure obligations and will not share or sell stakeholder personal information.  We may retain stakeholder personal information in physical or electronic records at our discretion.

11. UPDATING OR REMOVING

You may choose to correct or update the personal information you have submitted to us, by clicking the relevant menu in any of the pages on our website or contacting us by phone or email.

12. LIMITATION

We are not responsible for, give no warranties, nor make any representations in respect of the privacy policies or practices of linked or any third party websites.

13. ENQUIRIES

If you have any questions or concerns arising from this privacy policy or the way in which we handle personal information, please contact us at (complianceofficer@rbct.co.za)