Prepared in terms of Section 51 of the Promotion of Access to Information Act, 2000, read with the Protection of Personal Information Act, 2013.
1. Definitions
In this Manual, unless the context indicates otherwise, the following words bear the meanings ascribed to them below:
“ClearCorridor” means ClearCorridor Technology (Pty) Ltd, registration number 2026/458219/07, a private company incorporated in the Republic of South Africa;
“Cargo Principal” means a customer that posts cargo movement requirements on the Platform;
“Carrier” means a road freight transport operator that contracts to move cargo through the Platform;
“Information Officer” or “IO” means the Information Officer of ClearCorridor;
“Information Regulator” means the Information Regulator established in terms of POPIA;
“Manual” means this manual, prepared as required by section 51 of PAIA;
“PAIA” means the Promotion of Access to Information Act No. 2 of 2000;
“Platform” means the ClearCorridor freight compliance and carrier-matching platform;
“POPIA” means the Protection of Personal Information Act No. 4 of 2013.
2. Introduction and Purpose
2.1ClearCorridor operates a freight compliance and carrier-matching platform connecting Cargo Principals and Carriers for road freight movements across various corridors.
2.2This Manual applies to ClearCorridor Technology (Pty) Ltd.
2.3Any request made to ClearCorridor in terms of PAIA or POPIA must be made in terms of this Manual.
2.4The purpose of this Manual is to ensure that ClearCorridor complies with its legal obligations in terms of PAIA and POPIA. Specifically, this Manual is designed to:
2.4.1facilitate requests for and access to information in compliance with PAIA; and
2.4.2ensure compliance with POPIA in respect of the processing of personal information.
2.5This Manual is reviewed and updated periodically by ClearCorridor.
3. ClearCorridor Contact Details for the Purposes of this Manual
3.1Head of Private Body / Information Officer: Haydn Friis.
3.2Registered office and physical address: 1st Floor, Pharos House, 70 Buckingham Terrace, Westville, Durban, 3629, Republic of South Africa.
3.3Postal address: 1st Floor, Pharos House, 70 Buckingham Terrace, Westville, Durban, 3629, Republic of South Africa.
3.4Email for formal PAIA and POPIA requests: privacy@clearcorridor.co.za.
3.5Website: clearcorridor.co.za.
4. The Promotion of Access to Information Act, No. 2 of 2000 (“PAIA”)
4.1PAIA gives effect to the constitutional right of access to any information held by a public or private body that is required for the exercise or protection of any rights.
4.2PAIA sets out the procedures attached to such a request and recognises that the right of access to information is subject to certain justifiable limitations.
4.3PAIA obliges private bodies to compile a manual to assist a person to obtain access to information held by the private body, and stipulates the minimum requirements with which the manual must comply.
5. The Protection of Personal Information Act, No. 4 of 2013 (“POPIA”)
5.1POPIA gives effect to the constitutional right to privacy, in particular the protection against the unlawful collection, retention, dissemination and use of personal information.
5.2The terms “Personal Information”, “Data Subject”, “Processing” and “Responsible Party”, as used in this Manual, bear the meanings assigned to them in POPIA.
5.3POPIA requires compliance with certain conditions for the lawful processing of personal information.
6. The Information Regulator and Guides to PAIA and POPIA
6.1The Information Regulator has, in terms of section 10(1) of PAIA, updated and made available a Guide on how to use PAIA, in an easily comprehensible form, for a person who wishes to exercise any right contemplated in PAIA and POPIA.
6.2The Guide may be obtained from the Information Regulator at inforegulator.org.za or at the Information Regulator’s offices.
7. Records Available Without a Request
7.1The following records are published on clearcorridor.co.za and are available without a PAIA request:
7.1.1this Manual;
7.1.2the ClearCorridor Privacy Notice (CCA-PRIV-001);
7.1.3the website Terms of Use;
7.1.4the Standard Carrier Engagement Terms; and
7.1.5statutory disclosure information required under the Companies Act and the Electronic Communications and Transactions Act.
8. Records Held in Terms of Legislation Other Than PAIA
8.1The following records are or may be kept in terms of legislation, to the extent relevant to the business and operations of ClearCorridor: Companies Act No. 71 of 2008; Competition Act No. 89 of 1998; Broad-Based Black Economic Empowerment Act No. 53 of 2003; Consumer Protection Act No. 68 of 2008; Income Tax Act No. 58 of 1962; Value-Added Tax Act No. 89 of 1991; Tax Administration Act No. 28 of 2011; Customs and Excise Act No. 91 of 1964; Promotion of Access to Information Act No. 2 of 2000; Protection of Personal Information Act No. 4 of 2013; Electronic Communications and Transactions Act No. 25 of 2002; Regulation of Interception of Communications and Provision of Communication-Related Information Act No. 70 of 2002; National Land Transport Act No. 5 of 2009; National Road Traffic Act No. 93 of 1996; Road Traffic Act No. 29 of 1989; Administrative Adjudication of Road Traffic Offences Act No. 46 of 1998; Labour Relations Act No. 66 of 1995; and the Basic Conditions of Employment Act No. 75 of 1997.
8.2The following additional records are retained as required by the operations of ClearCorridor:
8.2.1Cargo Principal and Carrier admission applications, platform agreements and acceptance records.
8.2.2Screening, sanctions/PEP and compliance records.
8.2.3Engagement records (Cargo Movement Requests, Carrier Engagement Confirmations and Proofs of Delivery) and the platform event record.
8.2.4Accounting and taxation records, fee invoices, statements and bank records.
8.2.5Statutory records, resolutions, internal policies and procedures.
8.2.6Correspondence and supplier or service-provider agreements.
9. Processing of Personal Information by ClearCorridor
9.1ClearCorridor processes the personal information of data subjects for the following purposes:
9.1.1admission and onboarding of Cargo Principals and Carriers;
9.1.2screening of participants and their principals against sanctions, politically-exposed-person and adverse-media sources;
9.1.3compiling compliance and insurance assessments;
9.1.4concluding and administering platform agreements;
9.1.5facilitating cargo movements and engagements between Cargo Principals and Carriers, including Cargo Movement Requests, Carrier Engagement Confirmations and Proofs of Delivery;
9.1.6providing live load tracking for engaged loads, with consent;
9.1.7invoicing and collecting ClearCorridor’s platform fees;
9.1.8complying with regulatory and legal obligations; and
9.1.9any other reasonably required purpose connected with ClearCorridor’s business and permitted in terms of POPIA.
9.2Further detail on the processing of personal information, including the conditions for lawful processing, the recipients of personal information and the rights of data subjects, is set out in the ClearCorridor Privacy Notice (CCA-PRIV-001), which forms part of this Manual by reference.
10. Categories of Data Subjects and of the Information Relating Thereto
10.1Cargo Principals (juristic persons) and their representatives: name of the legal entity, registration number, physical and postal addresses, contact details, authorised representatives and signatories, and financial and tax information.
10.2Carriers (juristic persons), their representatives and drivers: name of the legal entity, registration number, addresses and contact details, authorised representatives, compliance and licensing documents and insurance information; and, in respect of drivers, name, identity and licence details, and vehicle position data while a load is engaged.
10.3Contracted service providers and sub-contractors: name of the legal entity, registration number, contact persons, addresses, financial and tax information, and authorised signatories.
11. Cross-Border Flow of Personal Information and Information Security
11.1Personal information may be processed and stored on servers hosted outside the Republic of South Africa, including in the European Union, where data-protection law (including the General Data Protection Regulation) provides a level of protection substantially similar to that required by POPIA. Any such transborder processing is undertaken in compliance with section 72 of POPIA.
11.2ClearCorridor maintains appropriate technical and organisational measures to protect the confidentiality, integrity and availability of personal information in its possession, including encryption, access controls and secure system configuration.
12. Availability of the Manual
12.1A copy of this Manual is available:
12.1.1on clearcorridor.co.za;
12.1.2at the registered office of ClearCorridor for public inspection during normal business hours;
12.1.3to any person on request and on payment of a reasonable prescribed fee; and
12.1.4to the Information Regulator on request.
12.2A fee for a copy of this Manual, as contemplated in Annexure B of the PAIA Regulations, is payable per A4-size copy made.
13. Requests for Information and Prescribed Fees
13.1A requester wishing to access information held by ClearCorridor must complete the prescribed Request Form (Form 02), which is available from the Information Regulator at inforegulator.org.za.
13.2The completed form must be submitted to the Information Officer at the contact details set out in clause 3, by hand or email, together with proof of identity. The requester must identify the right sought to be exercised or protected and the reason the record is required for that purpose.
13.3The Information Officer will consider the request in order to ascertain whether the requested information is held by ClearCorridor and, if so, whether it may be disclosed.
13.4The requester will be notified of the decision within 30 days of receipt of the request, subject to any extension permitted under PAIA.
13.5Where access is granted, the requester will be advised of the prescribed fee, in a format substantially similar to Form 03 (available from the Information Regulator). The prescribed fee is payable before the request is processed, and a deposit may be required where the search for the record is likely to exceed the prescribed time.
13.6The grounds for refusal of a request are those contemplated in Chapter 4 of Part 3 of PAIA, including the protection of third-party privacy, commercial information and legal privilege. A requester may apply to a court for appropriate relief against a refusal, and may lodge a complaint with the Information Regulator.