Complaint Procedure

PROTECTION OF PERSONAL INFORMATION ACT NO.4 OF 2013 (POPIA)

INTERNAL COMPLAINT RESOLUTION PROCEDURE

  1. All complaint against the SMSWEB (hereinafter referred to as the ‘Company’) in relation to the POPIA that must be in writing, and send to the Information Officer, Andre Roux at compliance@smsweb.co.za
  2. If the request is not in writing the Company must request the Complainant to lodge the complaint in writing to the Appointed Information officer and to provide the necessary supporting documentation.
  3. The INFORMATION OFFICER will receive the written complaint and supporting documentation.
  4. Compliance will log the date and contents of the complaint in the Complaints Register. This record must be maintained for a period of 5 (five) years.
  5. The INFORMATION OFFICER will appoint a relevant staff member/s to investigate the complaint.
  6. The INFORMATION OFFICER will acknowledge receipt of the complaint in writing within 3 (three) business days of receipt and give the Complainant the name and contact details of the staff member/s responsible for the resolution of the complaint.
  7. The relevant internal department or staff member/s and any other resources or manpower will investigate the complaint to ascertain whether the complaint can be resolved 24 (twenty) hours after receipt of acknowledgement.
  8. If the complaint is of a serious nature, the complaint will be handled and investigated by the INFORMATION OFFICER or any other senior staff / executive management.
  9. If the complaint can be resolved immediately, the relevant staff member/s will take the necessary action and advise the Complainant accordingly.
  10. If the complaint cannot be resolved immediately, compliance will send the Complainant a written summary of the steps to be taken, to resolve the matter and the expected date of resolution.
  11. If unable to resolve the complaint within 3 (three) weeks of logging the complaint in the Complaints Register, compliance will notify the Complainant by means of a written acknowledgement, which will outline the current status of the complaint and the expected date of final resolution.
  12. If unable to resolve the complaint within a further 3 (three) weeks of the written notice (6 (six) weeks since complaint was logged), compliance will notify the Complainant hereon.
  13. Reasons as to why the outcome was not favourable and inform the Complainant of their right to seek legal advice, by referring the complaint to the Information Regulator.
  14. The notification must be in writing and clearly indicate that the Complainant may refer the matter to the Information Regulator. The Information Regulator’s address and other contact details must be provided to the Complainant.
  15. The relevant internal department or staff member/s investigating the complaint shall keep the INFORMATION OFFICER and compliance up to date with the investigation, in order for them to inform the complainant and all relevant parties, if necessary.
  16. As soon as compliance receives any updates, developments, and activities regarding the complaint, they must update the Complaints Register with all developments and activities.

 

COMPLAINTS PROCESS FLOW

Complainant lodges a complaint with the INFORMATION OFFICER;

Complaint received by staff member and handed to INFORMATION OFFICER and/or Staff member. Complaint is validated and logged on Complaints Register;

INFORMATION OFFICER acknowledge receipt of complaint in writing within 3 (three) business days; Complaint is assigned to a staff member by INFORMATION OFFICER / Compliance and investigated;

Resolve the complaint within 24 (twenty-four) hours after receipt of acknowledgement or take the necessary action and advise the Complainant of steps taken and expected date of resolution;

Compliance updates the Complaints Register with all developments/activities;

Compliance to inform complainant in writing of the resolution of the complaint and the outcome;

INFORMATION OFFICER / Compliance to notify the complainant if complaint is not resolved within 3 (three) weeks – advise the Complainant on status of the complaint; Compliance to notify the complainant of final outcome. This must be within 6 (six) weeks of receiving the complaint.

INFORMATION OFFICER / Compliance to advise the Complainant of other options if complaint could not be resolved e.g., Information Regulator.

Information Regulator
The Information Regulator’s contact details are as follows:
SALU Building,
316 Thabo Sehume Street,
PRETORIA
Tel: 012 406 4818 Fax: 086 500 3351
inforeg@justice.gov.za

 

The POPI Act, which has more specific examples if you need them, can be found at the following link: www.gov.za/documents/download.