1.1 Mistragystix (Pty) Ltd, trading as ARC Store (“ARC”) is a branded business company representing fragrances, skin care and make-up products and lifestyle brands.
1.2 The Promotion of Access to Information Act 2 of 2000 (“the Act”) provides the mechanism for applicants to exercise their constitutional rights of access to information. An applicant may only request information in terms of the Act in circumstances where the information is required for the protection of a right and accordingly, only requests for access, where the applicant has furnished sufficient particulars as to the right which it is seeking to protect, will be considered by ARC.
2. ARC CONTACT DETAILS
2.1 ARC’s contact details for purposes of this manual are as follows:
Physical address: 11-13 St Andrews Road, Parktown, Johannesburg, 2193
Postal address: 11-13 St Andrews Road, Parktown, Johannesburg, 2193
Telephone number: 011 341 4900
Attention: The Information Officer
3. GUIDE IN TERMS OF SECTION 10 OF THE ACT
3.1 A guide on how to access and benefit from the Act has been compiled by The South African Human Rights Commission in terms of section 10 of the Act.
3.2 Any queries relating to the guide or the Act can be directed to the Human Rights Commission at:
Physical address: Braampark Forum 3, 33 Hoofd Street, Braamfontein, Johannesburg
Postal address: P O Box 2700, Houghton, 2017
Telephone: 011 877 3600
4. AVAILABILITY OF THE MANUAL
4.1 The manual is available in printed and portable document format (PDF) versions and a printed version is available against receipt of payment of any applicable fees, as contemplated in this manual.
4.2 The Chief Executive Officer of ARC has delegated his powers in terms of the Act to Arc’s Chief Information Officer, who will handle all requests made in terms of the Act on the Chief Executive Officer’s behalf.
5. SCHEDULE OF RECORDS AND INFORMATION AVAILABLE
5.1 ARC makes public records, such as product information and media releases, available on its website (www.arcstore.co.za), from time to time and accordingly, these records may be accessed directly from the website without the public having to make a formal request for such records in terms of the Act.
5.2 Non-confidential company records maintained by the Companies and Intellectual Property Commission (“CIPC”) may be requested and accessed directly from the CIPC and/or other relevant body, without the need to submit a formal application in terms of the Act, to ARC.
6. INFORMATION REQUEST PROCEDURE AND FEES
6.1 Information, which is not publicly available, must be requested in accordance with the procedure set out in clause 6.2. Any request by a public body for information may only be made in circumstances where the public body is acting is acting in the public’s interest.
6.2 All requests for information must be addressed to ARC’s Chief Information Officer in writing and sent to 11-13 St Andrews Road, Parktown, Johannesburg, 2193 and must be accompanied by the prescribed form C, which can be found at www.sahrc.org.za and must contain the following information:
6.2.1 the applicants full name, identity number, postal address, telephone number, email address and the capacity in which the request is made, if made on behalf of another person;
6.2.2 in the event that the request is made on behalf of another person, the full name and identity number of the other person must be provided;
6.2.3 a full description of the:
184.108.40.206 right for which protection is being sought and an explanation as to why the records are required for this purpose;
220.127.116.11 records or part of the records, which are being requested.
6.3 The fees applicable to a request for information in terms of the Act can be found at www.sahrc.org.za and payment thereof must have been received by ARC prior to any information being released by ARC to an applicant.
7.1 The following legislation is applicable to ARC (please note that the list is not an exhaustive list):
7.1.1 Companies Act 71 of 2008;
7.1.2 Income Tax Act 95 of 1967;
7.1.3 Value Added Tax Act 89 of 1991;
7.1.4 Customs Act 91 of 1964;
7.1.5 Basic Conditions of Employment Act 75 of 1997;
7.1.6 Labour Relations Act 66 of 1995;
7.1.7 Employment Equity Act 55 of 1998;
7.1.8 Occupational Health and Safety Act 85 of 1993;
7.1.9 Compensation for Occupational Injuries and Diseases Act 130 of 1993;
7.1.10 Skills Development Act 97 of 1998;
7.1.11 Skills Development Levies Act 9 of 1999;
7.1.12 Unemployment Insurance Act 63 of 2001;
7.1.13 Foodstuffs Cosmetics and Disinfectants Act 54 of 1972;
7.1.14 Electronic Communications and Transactions Act 25 of 2002;
7.1.15 Consumer Protection Act 68 of 2008;
7.1.16 Intellectual Property Laws Amendment Act 38 of 1997;
7.1.17 Copyright Act 98 of 1978;
7.1.18 Trade Marks Act 194 of 1993; and
7.1.19 Promotion of Access to Information Act 2 of 2000.
8. GRANTING OR REFUSAL OF ACCESS TO RECORDS
8.1 All requests for information, which meet the requirements set out in the Act will be processed and sent to applicants in accordance with the time limits set out in the Act, provided that any applicable fees have been paid by the applicant to ARC.
8.2 ARC is entitled to refuse access to the requested information in accordance with the provisions of Chapter 4 of the Act.
8.3 In the event that access is refused by ARC, there is no right of appeal and the only recourse available to an applicant or third party aggrieved by the decision, is by way of a court application for appropriate relief in terms of section 78 of the Act.
9. PRIVACY AND CONFIDENTIALITY