1.1. MidSquare Capital (Pty) Ltd is an authorised financial services provider in terms of the Financial Advisory & Intermediary Services Act, 37 of 2002 (“FAIS”) and regulated by the Financial Sector Conduct Authority (“FSCA”) under FSP number 53511.
All requests for information in terms of this manual must be directed to MidSquare’s Legal and Compliance Department:
Postal Address: 108 Vredeveld Way, Cape Town, 7560
Email: info@midsquare.io
Website: www.midsquare.io
3.1. The Promotion of Access to Information Act (“PAIA”), grants a requester access to certain records of a private body if the said records are required to exercise or protect any rights of the requester. Should a public body lodge such a request, it must be acting in the public interest.
3.2. Any request for information in terms of PAIA must be made in accordance with the prescribed form and manner, at the rates provided. The prescribed form and manner and the tariff are dealt with in sections 6 and 7.
3.3. The South African Human Rights Commission (“SAHRC”) has complied and published a useful guide in terms of section 10 of PAIA, containing valuable information for the purposes of exercising any right in terms of PAIA.
3.4. The guide is made available in all official languages on the website of the SAHRC at the following URL: https://www.sahrc.org.za/home/21/files/Section%2010%20guide%202014.pdf
3.5. The contact details of the SAHRC are as follows:
Postal Address : Private Bag 2700, Houghton, 2041 Telephone Number 011 877 3600
Fax Number 011 403 0625
Website : www.sahrc.org.za
All records kept and made available in terms of legislation applicable to MidSquare and the financial services industry in general, as it applies to the specific environment in which MidSquare operates, are available in accordance with the said legislation.
5.1. Records that are available without having to submit a request in terms of PAIA:
5.1.1. Marketing material
5.1.2. Pamphlets
5.2. Records that must be requested in terms of PAIA:
5.2.1. Personal Records
5.2.1.1. Any personal records provided to MidSquare by its personnel;
5.2.1.2. Any records a third party has provided to MidSquare about any of its personnel;
5.2.1.3. Conditions of employment and other personnel-related contractual and quasi-legal records;
5.2.1.4. Internal evaluation records; and
5.2.1.5. Other internal records and correspondence.
5.2.2. Client-related records
5.2.2.1. Any records a client has provided to a third party acting for or on behalf of MidSquare;
5.2.2.2. Any records a third party has provided to MidSquare; and
5.2.2.3. Records generated by or within MidSquare pertaining to the client, including transactional records.
5.2.3. Company Records
5.2.3.1. Operational records;
5.2.3.2. Databases;
5.2.3.3. Information technology;
5.2.3.4. Marketing records;
5.2.3.5. Internal correspondence;
5.2.3.6. Records relating to products and services;
5.2.3.7. Statutory records;
5.2.3.8. Internal policies and procedures;
5.2.3.9. Treasury-related records; and
5.2.3.10. Securities and equities.
6.1. A requester must use the prescribed Form C (available for download on the Department of Justice and Constitutional Development (“DOJ”) website) to request access to the information as per 5.2. above.
6.2. Form C can be downloaded from the following URL: http://www.justice.gov.za/forms/form_paia.htm
6.3. The request must be addressed to MidSquare’s Legal and Compliance Department, as per the contact details set out in section 2.
6.4. The requester must provide sufficient detail on Form C to enable MidSquare to establish who is requesting the said information as well as what information is being requested and in what format.
6.5. The requester must provide sufficient detail in respect of his/her contact details and if the requester wishes to be informed of the decision of MidSquare in any specific manner (in addition to written) the manner and particulars thereof.
6.6. Lastly, the right which the requester is seeking to exercise or protect with an explanation of the reason the record is required to exercise or protect the right.
6.7. After MidSquare has decided on the request, the requester must be notified in the required form.
6.8. If the request is granted then a further access fee must be paid for the search, reproduction, preparation and for any time that has exceeded the prescribed hour to search and prepare the record for disclosure.
7.1. A requester who seeks access to a record containing personal information about that requester is not required to pay a request fee.
7.2. Every other requester, who is not a personal requester, must pay the required request fee, as prescribed from time to time.
7.3. If the preparation of the record requested requires more than the prescribed hours (six), a deposit shall be paid (of not more than one third of the access fee which would be payable if the request were granted). A requestor may lodge an application with a court against the tender/payment of the request fee and/or deposit.
7.4. Records may be withheld until the fees have been paid.
7.5. The fees can be downloaded from the following URL: https://www.sahrc.org.za/home/21/files/PAIA%20Notice%20on%20fees.pdf
8.1. This manual is available for inspection at MidSquare’s offices free of charge upon prior arrangement.
8.2. A copy is also made available on MidSquare website.
