PAIA Manual

Section 51 of the Promotion of Access to Information Act (PAIA) requires every private body to compile a manual that provides information about:

• The records held by the private body
• The categories of records available
• The procedure for requesting access to records
• The applicable fees for accessing records
• The contact details of the Information Officer

This manual serves to promote transparency and gives effect to the constitutional right of access to any information held by Marqly Technologies (Pty) Ltd that is required for the exercise or protection of any rights.

Marqly Technologies (Pty) Ltd holds records in the following categories:

Company & Statutory Records

• Certificate of Incorporation and Memorandum of Incorporation
• Company registration documents and annual returns
• Tax registration certificates and tax returns (SARs)
• Shareholder and director registers
• Audited financial statements and management accounts
• Banking records and resolutions

Customer Records

• Account registration information and profile data
• Subscription history and billing records
• Service usage logs and analytics
• Support tickets and communication history
• Consent records (POPIA consents, cookie preferences)

Employee & Contractor Records

• Employment contracts and personnel files
• Payroll and tax deduction records
• Performance reviews and training records
• Independent contractor agreements

Technical & Operational Records

• Platform source code and technical documentation
• System architecture and infrastructure records
• Security policies, audit logs, and incident reports
• Backup data and disaster recovery plans
• Database schemas and API documentation

Marketing & Communications Records

• Marketing collateral and brand assets
• Social media content and engagement records
• Newsletter subscriber lists and campaign performance
• Public relations materials and media coverage

As required by Section 55 of POPIA and Section 51 of PAIA, Marqly Technologies (Pty) Ltd has designated an Information Officer who is responsible for processing requests for access to records and ensuring compliance with information access legislation.

A request for access to records held by Marqly Technologies (Pty) Ltd must be made in accordance with the following procedure:

Step 1: Submit a Written Request

The request must be submitted on the prescribed Form C (Regulation 10 of PAIA) and sent to the Information Officer at the contact details above. The request must include:

• The full name and contact details of the requester
• Proof of identity (copy of ID document or passport)
• A clear description of the record(s) requested
• The form in which access is requested (e.g., electronic copy, hard copy, inspection)
• The specific right the requester seeks to exercise or protect
• An explanation of why the requested record is required for the exercise or protection of that right

Step 2: Payment of Fees

The requester may be required to pay a request fee and a deposit before the request is processed. See Section 6 below for the fee schedule.

Step 3: Processing

The Information Officer will process the request and respond within 30 calendar days of receipt. This period may be extended by a further 30 calendar days if the request involves a large volume of records or requires consultation with third parties.

Step 4: Response

The Information Officer will notify the requester in writing of the decision, including:

• Whether access is granted or refused
• The reasons for any refusal (with reference to applicable PAIA provisions)
• The procedure for appealing the decision (internal appeal or application to court)
• The amount of any access fee payable before the records are provided

Fees are prescribed by the Minister of Justice and Correctional Services in terms of Section 54 of PAIA and are subject to change without notice. The requester will be informed of the estimated total fees before processing begins.

Marqly Technologies (Pty) Ltd may refuse access to records in whole or in part on the following grounds as set out in PAIA:

• Mandatory protection of privacy: Records containing personal information of third parties (Section 63).
• Mandatory protection of commercial information: Trade secrets, financial information, and proprietary technical data (Section 64).
• Confidential information: Records received in confidence from third parties (Section 65).
• Safety and security: Records that may endanger the life or physical safety of individuals (Section 66).
• Privileged records: Legal professional privilege, including communications with legal advisors (Section 67).
• Commercial activities: Records that may harm the commercial or financial interests of Marqly Technologies (Pty) Ltd (Section 68).
• Frivolous or vexatious requests: Requests that are clearly frivolous or vexatious in nature.

Where access is refused, the Information Officer will provide written reasons and inform the requester of their right to lodge an internal appeal or apply to court for relief.

If a request for access is refused or the requester is not satisfied with the response, the following remedies are available:

Internal Appeal

The requester may lodge an internal appeal with Marqly Technologies (Pty) Ltd within 30 days of receiving the decision. The appeal will be reviewed by senior management not involved in the original decision.

Application to Court

The requester may apply to the relevant Division of the High Court of South Africa for relief, in accordance with Section 78 of PAIA.

Information Regulator

The requester may lodge a complaint with the Information Regulator (South Africa) regarding the handling of the request.

This manual will be reviewed and updated annually or as required by changes in applicable legislation. The latest version will always be available on the Marqly website.

Last updated: June 2025