3rd Parties have the right to complain in instances where any of their rights under POPIA have been infringed upon. CapeSoft Eco Time takes all complaints very seriously and will address all POPIA related complaints in accordance with the following procedure:
POPIA complaints must be submitted to the CapeSoft Eco Time in writing. Where so required, the Information Officer will provide the 3rd party with a "POPIA Complaint Form" as per Annexure D.
Where the complaint has been received by any person other than the Information Officer, that person will ensure that the full details of the complaint reach the Information Officer within 1 working day.
The Information Officer will provide the complainant with a written acknowledgement of receipt of the complaint within 2 working days.
The Information Officer will carefully consider the complaint and address the complainant's concerns in an amicable mannermicably address the complainant's concerns. In considering the complaint, the Information Officer will endeavour to resolve the complaint in a fair manner and in accordance with the principles outlined in POPIA.
The Information Officer must also determine whether the complaint relates to an error or breach of confidentiality that has occurred and which may have a wider impact on CapeSoft Eco Time 3rd parties.
Where the Information Officer has reason to believe that the personal information of 3rd parties has been accessed or acquired by an unauthorised person, the Information Officer will consult with CapeSoft Eco Time governing body where after the affected 3rd parties and the Information Regulator will be informed of this breach.
The Information Officer will revert to the complainant with a proposed solution with the option of escalating the complaint to CapeSoft Eco Time's governing body within 7 working days of receipt of the complaint. In all instances, CapeSoft Eco Time will provide reasons for any decisions taken and communicate any anticipated deviation from the specified timelines.
The Information Officer's response to the 3rd party may comprise any of the following:
A suggested remedy for the complaint
A dismissal of the complaint and the reasons as to why it was dismissed
An apology (if applicable) and any disciplinary action that has been taken against any employees involved
Where the 3rd party is not satisfied with the Information Officer's suggested remedies, the 3rd party has the right to complain to the Information Regulator.
The Information Officer will review the complaints process to assess the effectiveness of the procedure on a periodic basis and to improve the procedure where it is found wanting. The reason for any complaints will also be reviewed to ensure the avoidance of occurrences giving rise to POPIA related complaints.
The Information Officer will revert to the complainant with a proposed solution with the option of escalating the complaint to CapeSoft Eco Time's governing body within 7 working days of receipt of the complaint. In all instances, CapeSoft Eco Time will provide reasons for any decisions taken and communicate any anticipated deviation from the specified timelines.
Where the 3rd party is not satisfied with the Information Officer's suggested remedies, the 3rd party has the right to complain to the Information Regulator.
The Information Officer will review the complaints process to assess the effectiveness of the procedure on a periodic basis and to improve the procedure where it is found wanting. The reason for any complaints will also be reviewed to ensure the avoidance of occurrences giving rise to POPIA related complaints.