Requests for Information Policy

Last Updated: January 18, 2025

Introduction

This policy outlines how we handle requests for records or information about members of our community in accordance with South African law, particularly the Protection of Personal Information Act (POPIA) and the Promotion of Access to Information Act (PAIA). This policy demonstrates our commitment to transparency while protecting the privacy rights of our users.

This policy does not constitute legal advice or a promise to respond in any specific way. We reserve the right to modify these practices at any time. This policy forms part of our Terms of Use, and by using our services or requesting information, you agree to this policy and our Terms of Use.

1. Member Records and Information

Before contacting us for records or information, please check if the information you seek is:

• Publicly available through our platform
• Accessible directly from the relevant member
• Available through our PAIA manual

Some information about our members and their shops, such as shop names and public usernames, is publicly visible. Members can access certain records by logging into their accounts, including transaction histories and message logs.

Please consult our Privacy Policy for detailed information about the data we collect and process.

2. Legal Requirements for Information Requests

2.1 PAIA Requests

Requests for access to information must comply with the Promotion of Access to Information Act (PAIA). Such requests must:

• Be submitted using the prescribed Form 2 as specified in PAIA
• Include sufficient particulars to enable us to identify the requested record(s)
• Indicate the form of access required
• Specify a postal address or email address within South Africa
• Identify the right being exercised or protected
• Provide an explanation of why the record is required
• Pay the request fee as prescribed by PAIA

2.2 POPIA Requests

For personal information requests under POPIA, data subjects must:

• Provide proof of identity
• Submit requests using our designated channels
• Specify the nature of the information requested
• Pay any applicable prescribed fees

3. Serving Legal Process

Legal requests must be properly served and contain sufficient identifying information to locate the relevant member account. This may include:

• Email address
• Username
• Shop name
• Transaction ID
• Payment information

Law enforcement requests must include:

• The specific records requested
• The issuing authority's name
• Official contact information
• Legal basis for the request

All legal process must be served in accordance with South African law.

4. Emergency Circumstances

In emergency situations involving immediate danger to life or serious physical injury, law enforcement agencies should:

• Email support@afterthemarket.co.za from an official government email address
• Provide official identification and contact details
• Describe the emergency situation and its immediacy
• Specify the requested information and its relevance
• Explain why normal legal process cannot be followed

Private individuals should immediately contact the South African Police Service (SAPS) in emergency situations.

5. Notice to Affected Members

Unless prohibited by law or where such notification would impede an investigation into apparent illegal conduct, we will attempt to notify members before disclosing their information. We may provide reasonable time for members to legally challenge such requests.

6. Information Officer

As required by POPIA, our Information Officer is responsible for:

• Facilitating information requests
• Ensuring compliance with POPIA and PAIA
• Managing communication with the Information Regulator
• Overseeing internal compliance frameworks

7. Costs and Fees

We may charge prescribed fees as permitted under PAIA and POPIA for:

• Search and preparation time
• Reproduction costs
• Postal charges
• Other reasonable administrative costs

8. Appeals Process

If dissatisfied with our response to an information request, requestors may:

• Lodge an internal appeal within 60 days
• File a complaint with the Information Regulator
• Seek appropriate legal relief through the courts