Growthpoint Properties
Group of Companies

PAIA MANUAL

Content Table of Contents

1.    INTRODUCTION

The Promotion of Access to Information Act, 2 of 2000 (hereinafter referred to as “the Act”) was enacted on 3 February 2000, to give effect to the provisions of section 32 of the Constitution, which provides that any person has a right to gain access to information held by a public or private body, when that information is required for the exercise or protection of any rights.  In terms of the Act, a private body includes any former or existing juristic person.

2.    GROWTHPOINT PROPERTIES LIMITED

Growthpoint Properties Limited is a diversified Real Estate Investment Trust company listed under the Financial Services: Real Estate Investment Trust (“REIT”) sector on the JSE Limited.

BOARD OF DIRECTORS

2.1 WHOLLY OWNED SUBSIDIARIES OF GROWTHPOINT PROPERTIES LIMITED

2.2 TRUSTS OPERATED BY GROWTHPOINT PROPERTIES LIMITED

2.3 JOINT VENTURE COMPANIES

2.4 GROWTHPOINT HEALTHCARE FUND

2.5 GROWTHPOINT STUDENT RESIDENTIAL FUND

3. THE INFORMATION OFFICER (SECTION 51(1)(B))

The Head of a Private Body fulfils such a function in terms of Section 51. Growthpoint has elected to appoint a Information Officer to assess requests for access to information as well as oversee its required functions in terms of the Act.

The Information Officer appointed in terms of PAIA also refers to the Information Officer as referred to in the Protection of Personal Information Act 4 of 2013 (“POPIA”). The Information Officer oversees the functions and responsibilities as required in terms of both this Act in terms of Section 55 of POPIA after registering with the Information Regulator.

The Information Officer may appoint, where it is deemed necessary, Deputy Information Officers, as allowed in terms of section 17 of the Act as well as section 56 of POPIA. This is in order aid better accessibility for data subjects to request access of their records and to ensure fulfilment of Growthpoint’s obligations and responsibilities as prescribed in terms of section 55 of POPIA. All requests for information in terms of PAIA and POPIA must be addressed to the Information Officer.

4. CONTACT DETAILS FOR CEO AND CIO

5.   SECTION 10 GUIDE

The Act requires the Information Regulator to compile a guide to be available in each official language, to assist individuals in understanding how to exercise their rights contained in the Act.

Any queries regarding this guide can be addressed directly to the Information Regulator at:

The Information Regulator
JD House
27 Stiemens Street,
Braamfontein,
Johannesburg,
2001

Tel: + 27 (010) 023 5200
Website www.inforegulator.org.za
Email [email protected]

6. INFORMATION AUTOMATICALLY AVAILABLE

Any records that are required to be made available in terms of the Companies Act No. 71 of 2008 and the listing requirements as laid down by the JSE, as amended from time to time, are available for inspection by interested parties or on our website using the following link:

https://growthpoint.co.za/policy-governance/

7.   INFORMATION KEPT AS A MATTER OF GENERAL PRACTICE

• Accounting and Financial Records
• Customer Records and Credit Services
• Taxation Records
• Environmental, Health and Safety Records
• Employment Records, Human Resources, Employment Equity and Black Economic Empowerment
• Information Technology Records
• Insurance Information
• Legal Records
• Marketing Information
• Operational Records
• Pension/Provident Fund Details
• Policy Documents
• Property Records and Title Deeds
• Staff Share Scheme Information
• Statutory Records and Information
• Supplier Records
• Trade Marks, Patents and Designs
• Correspondence and Memoranda

8. RECORDS HELD IN ACCORDANCE WITH OTHER LEGISLATION (SECTION 51(1)C))

9. INFORMATION AVAILABLE IN TERMS OF POPIA SECTION 51 (C) (I) – (IV)

9.1  Purpose of processing of Information

Growthpoint processes the data subject’s Personal Information for the following purposes (among others):

• In order to communicate with and provide information to Investors;
• In order to fulfill its obligations to its Tenants/Clients;
• In order to enable the Group to perform its obligations (such as payment obligations) in terms of its agreements with Vendors;
• For purposes of the recruitment and selection of employees, making the necessary payments to and on behalf of employees, keeping track of performance of employees at work and employees’ leave balances, and for the purposes of termination of employment;
• For Corporate Social Responsibility educational programs.

9.2  Description of categories of data subjects and the information and categories of information relating thereto

The type of personal information will depend on the need for which it is collected and will be processed for that purpose only, however, the Personal Information that the Group collects and processes pertaining to data subjects falls into the following broad categories:

• Human Resources data, namely employment history, copies of identity documents, references, provident fund, medical aid and beneficiary information and academic qualifications; Race, employee leave records, employee qualifications;
• Vendor and Service Provider data, namely Names, Addresses, Contact numbers, Identity/registration numbers, Banking details, Credit history and Race;
• Tenant/Client data namely Names, Addresses, Contact numbers, Identity/registration numbers, Banking details, Credit history;
• Investor data Names, Addresses, Contact numbers, Identity/registration numbers, Banking details, Credit history and Race;
• Data pertaining to Corporate Social Responsibility recipients namely Names, Addresses, Contact numbers, Identity/registration numbers, Banking details, Credit history and Race.

9.3  Recipients or categories of recipients to whom personal information may be supplied

Growthpoint may disclose data subjects’ Personal Information to

• Any of the Growthpoint’s approved Vendors, including but not limited to financiers and credit providers, security service providers, and payroll administrators.
• Any firm, organisation or person that the Growthpoint uses to collect payments and recover debts or to provide a service on its behalf or provides a product or service
• Any payment system or document generation or reporting system that Growthpoint uses;
• Credit bureaux
• Regulatory and governmental authorities or ombudsmen, or other authorities, including tax authorities, where the Growthpoint has a duty to share information;
• Employees, contractors and temporary staff; and
• Agents, brokers and potential clients
• Third parties to whom payments are made on behalf of employees;
• Financial institutions from whom payments are received on behalf of data subjects;

9.4  Planned transborder flows of personal information

Section 72 of POPIA precludes the Group from transferring personal information to a third party in a foreign country unless that foreign country’s laws or an agreement with that third party affords substantially similar protection of personal information as is afforded in South Africa.

The Group must obtain the informed, express consent of the data subject before transferring any personal information in contravention of the clause above. In such cases, order for informed consent shall be obtained, the data subject will be advised of who the service provider is and/or which country the personal information is being transferred to.

Where consent cannot be obtained, the transfer will be necessary for the conclusion or performance in terms of a contract and must be to the benefit of the data subject in certain instances.

9.5  General description of information security measures to be implemented by Growthpoint

Growthpoint endeavours to take the appropriate technical and organisational measures, in relation to the nature of data and risks, to preserve the security and confidentiality of your Personal Information and, in particular, to prevent it from being altered, corrupted or transmitted to any unauthorized parties.

This may include practices such as retaining your Personal Information on a secure server protected by a firewall, the transmission of sensitive information using a Secure Sockets Layer (SSL), internal reviews of our practices and privacy policies and implementation of physical security measures to protect against unauthorized access.

10.  ACCESS TO THE RECORDS HELD BY GROWTHPOINT PROPERTIES LIMITED

Upon written notice or use of the prescribed forms, an appointment within reasonable company hours can be made by interested parties to view the records at: –

Growthpoint Properties Limited
The Place
1 Sandton Drive
Sandton, Johannesburg
Gauteng 2196

Records are subject to the below classifications and access requirements:

11.   RETENTION PERIODS

The following retention period shall apply to the below Records and access are subject to the availability denoted:

12.   REQUEST PROCEDURE

Form of Request in terms of the Act

To request a document that does not fall within the ambit of the Act, the requester must direct the request to the Information Officer in writing, and request an appointment to view the documentation.

To request a document that does fall within the ambit of the Act, the requester must make use of the prescribed form. This must be directed to the CEO or the Information Officer of Growthpoint Properties Limited at the address, or email address of the party concerned.

The requester must provide sufficient detail on the request form to facilitate identifying the record requested. The requester should also indicate which form of access is required, and indicate if any other method is to be used to respond to the requester.

The requester must identify the right being exercised or protected, and provide an explanation of why the requested record is necessary to exercise or protect that right.
If a request is made on behalf of another person, a consent form/letter of authority must accompany the request.

Request Fee

A requester seeking access to a record containing personal information is not required to pay a fee. Any other requester, not requesting personal information, must pay the required fee.

The party concerned must notify the requester (if not seeking access to personal information) of the prescribed fee to be paid (if any) before processing the request.

The fee that the requester must pay to Growthpoint Properties Limited is R140 (One Hundred and Forty Rand). The requester may lodge an application to the court against the tender or payment of the requested fee.

After the party concerned has made a decision regarding the request, the requester must be notified in the required format.

If the request is granted, a further access fee must be paid for the search, reproduction, preparation and time in excess of the prescribed hours to search and prepare the record for disclosure.

Request in terms of POPIA

Where a data subject has requested access to personal information not falling within the above categories or where the data subject is requesting:

    to update his/her/its personal information;

    a list of the data subject’s personal information Growthpoint has in its possession or control; or

    the subscription or deletion of a data subject’s personal information

Then the data subject, at no cost, must direct the request to the Information Officer of Growthpoint.

13.   PRESCRIBED FEES

FORM 2
REQUEST FOR ACCESS TO THE RECORD

NOTE:

1. Proof of identity must be attached by the requester.
2. If requests made on behalf of another person, proof of such authorisation, must be attached to this form.