1Introduction

This manual is published in terms of section 51 of the Promotion of Access to Information Act 2 of 2000 (PAIA). It also addresses the requirements of the Protection of Personal Information Act 4 of 2013 (POPIA).

Section 32 of the Constitution gives everyone the right of access to information held by another person where that information is required to exercise or protect any rights. PAIA gives effect to this right. It requires every private body to publish a manual that explains what records it holds and how to request access to them.

When a request is made under PAIA, Gift ov Life must give access to the record, subject to the procedures and grounds for refusal set out in PAIA and in this manual.

2About Gift ov Life

Name

Gift ov Life CC

Registration number

2009/134277/23

Type of body

Private body (close corporation)

Main business

Egg donor matching and coordination services, locally and internationally

Website

https://www.giftovlife.com

3Head of the body and Information Officer

The head of Gift ov Life acts as its Information Officer under PAIA and POPIA. All requests for access to records must be addressed to the Information Officer. The Information Officer may appoint a Deputy Information Officer to help make Gift ov Life as accessible as reasonably possible.

Head and Information Officer

Tami Sussman, Member

Physical address

Platinum Suites, South Seas, 129 Beach Road, Mouille Point, Cape Town, 8005

Postal address

Platinum Suites, South Seas, 129 Beach Road, Mouille Point, Cape Town, 8005

Telephone

+27 72 887 1495

Email

info@giftovlife.com

4Guide on how to use PAIA

The Information Regulator has published an updated Guide on how to use PAIA and POPIA. It explains how to exercise your rights, how to make a request and the fees involved. It is available in all official languages.

Information Regulator website

inforegulator.org.za

PAIA complaints

PAIAComplaints@inforegulator.org.za

Physical and postal address

[Confirm current Information Regulator address on its website]

A copy of the Guide is also available for inspection from our Information Officer during office hours.

5Records available without a request

No notice has been published under section 52 of PAIA. However, the following records are freely available without a formal request:

• information published on the Gift ov Life website, including this manual, our fees, our Terms and Conditions and our Privacy Policy; and
• marketing and information material we publish for recipients and donors.

Non-confidential statutory records filed with the Companies and Intellectual Property Commission (CIPC) may be obtained directly from CIPC.

6Records kept in terms of other legislation

Where applicable to its operations, Gift ov Life keeps records in terms of the legislation below. Records that must be made available under these laws will be made available in line with their requirements, unless disclosure is prohibited by law or agreement.

1. Basic Conditions of Employment Act 75 of 1997
2. Broad-Based Black Economic Empowerment Act 53 of 2003
3. Close Corporations Act 69 of 1984
4. Companies Act 71 of 2008
5. Compensation for Occupational Injuries and Diseases Act 130 of 1993
6. Constitution of the Republic of South Africa, 1996
7. Consumer Protection Act 68 of 2008
8. Copyright Act 98 of 1978
9. Cybercrimes Act 19 of 2020
10. Electronic Communications and Transactions Act 25 of 2002
11. Employment Equity Act 55 of 1998
12. Financial Intelligence Centre Act 38 of 2001
13. Income Tax Act 58 of 1962
14. Labour Relations Act 66 of 1995
15. National Health Act 61 of 2003 and its Regulations Relating to the Artificial Fertilisation of Persons
16. Occupational Health and Safety Act 85 of 1993
17. Prescription Act 68 of 1969
18. Promotion of Access to Information Act 2 of 2000
19. Protection of Personal Information Act 4 of 2013
20. Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002
21. Skills Development Levies Act 9 of 1999
22. Tax Administration Act 28 of 2011
23. Unemployment Insurance Act 63 of 2001
24. Unemployment Insurance Contributions Act 4 of 2002
25. Value-Added Tax Act 89 of 1991

This list may not be complete. If you believe a right of access exists under legislation not listed here, please state the legislation you rely on in your request.

7Subjects and categories of records held

Access to these records may be subject to the grounds for refusal in section 10 of this manual. Records that are confidential to a third party may require that party’s consent.

8Processing of personal information

[Confirm this section reflects how Gift ov Life actually processes information]

Purpose of processing

We process personal information to match recipients with egg donors, coordinate treatment with fertility clinics and practitioners, conclude and manage agreements, process payments, meet our legal and regulatory obligations, including under the National Health Act. We also use it to communicate with recipients, donors and enquirers.

Categories of data subjects and information

• Egg donors: identity and contact details, physical characteristics, education, family and medical history, screening results, photographs and banking details.
• Recipients: identity and contact details, relevant medical and fertility information, clinic details, preferences and payment information.
• Personnel and contractors: identity, contact, employment, tax and banking details.
• Clinics, practitioners and suppliers: contact details and contract information.
• Website users: contact details and technical information collected through cookies.

Recipients of personal information

Fertility clinics and doctors, psychologists and counsellors, our secure online donor database provider, couriers where tissue must be transported, our professional advisers and auditors plus regulators or authorities where the law requires it. Donor information shown to recipients is non-identifying, in line with South African law.

Transfers outside South Africa

Where we assist international recipients, limited personal information may be shared with them or their clinics outside South Africa. Some information may be stored on cloud services hosted outside South Africa. Any such transfer takes place only as allowed by section 72 of POPIA.

Security measures

We protect personal information with access controls, a password-protected donor database, anonymised donor profiles, confidentiality obligations on our team and suppliers plus secure storage of records. See our Privacy Policy for more.

9How to request access to a record

1. Complete the prescribed request form (Form 2), available from the Information Regulator’s website or from our Information Officer.
2. Give enough detail for us to identify the record and you as the requester. State the form of access you want.
3. Explain which right you want to exercise or protect and why the record is needed for it.
4. If you are asking on behalf of someone else, include proof of your authority to do so.
5. Email the form to info@giftovlife.com or deliver it to our physical address, together with proof of payment of any request fee.

If you cannot complete the form because of illiteracy or disability, you may make your request orally. Processing only starts once we have all the required information and any request fee.

10Grounds for refusal

Gift ov Life may refuse access to a record on the grounds set out in Chapter 4 of Part 3 of PAIA. These include:

• protecting the privacy of a third party who is a natural person, including a deceased person (section 63). This is especially important for our egg donors and recipients, whose identities are protected by law;
• protecting the commercial information of a third party (section 64);
• protecting confidential information of a third party held under an agreement (section 65);
• protecting the safety of individuals and property (section 66);
• records privileged from production in legal proceedings (section 67);
• protecting Gift ov Life’s own commercial information, trade secrets or computer programs (section 68); and
• research information of Gift ov Life or a third party (section 69).

Requests that are clearly frivolous or vexatious, or that would involve an unreasonable diversion of resources, may also be refused. If a record cannot be found or does not exist, we will tell you by affidavit or affirmation.

11If your request is refused

Gift ov Life does not have an internal appeal procedure. The Information Officer’s decision is final within Gift ov Life. If you are unhappy with a decision, you may:

• lodge a complaint with the Information Regulator using Form 5, within 180 days of the decision; or
• apply to court for appropriate relief within 180 days of the decision.

A third party unhappy with a decision to grant access has the same rights.

12Fees

PAIA allows two types of fees:

• A request fee, payable before a request is processed. Personal requesters asking for records about themselves do not pay a request fee.
• An access fee, payable if access is granted, covering reproduction, search and preparation plus postage where applicable.

If searching for and preparing a record will take more than the prescribed hours, we may ask for a deposit of up to one third of the access fee. The deposit is refunded if access is refused.

All fees are those prescribed in the PAIA Regulations, as updated from time to time. [Insert the current prescribed request and access fees] We will tell you the exact amount in writing before you pay.

13Decision and timelines

We will decide on your request within 30 days of receiving it with all required information. We will tell you in writing whether access is granted or refused, with reasons if refused.

We may extend this period once by up to a further 30 days if the request covers a large number of records or requires a search that cannot reasonably be completed in time. If we need to extend, we will tell you in writing and say for how long.

14Availability and updating of this manual

This manual is available on our website and for inspection at our physical address during office hours, free of charge. A printed copy is available on request at the prescribed fee. Gift ov Life will review and update this manual regularly.