Legal Documents

TERMS AND CONDITIONS

Updated: 17 April 2025

WELCOME TO WWW.EDENGLENSOUTHROADCOMMUNITY.CO.ZA TERMS AND CONDITIONS

These Terms and Conditions govern your use of www.edenglensouthroadcommunity.co.za ("our Platforms") and the services provided therein, including classifieds and service provider ratings for Edenglen Ratepayers Road Closure Association (2002/020882/08).

REGISTRATION AND VERIFICATION

• To register, you must provide accurate Personal Information to verify your residency in the Edenglen South Road Closure.
• You warrant that all information provided is true and correct.

CLASSIFIEDS AND SERVICE PROVIDERS

• You may post classifieds or list services if registered.
• We host, but do not facilitate, the classifieds and service provider details on our Platforms. We do not recommend or endorse any service providers or items listed.
• We do not guarantee the sale of items or engagement of services posted.
• You are solely responsible for evaluating and determining the suitability of any service provider or item listed on our Platforms before entering into any agreement or transaction.
• Any agreement or contract for services or items is solely between you and the service provider or seller. Edenglen Ratepayers Road Closure Association (2002/020882/08) is not a party to such agreements and accepts no liability for the performance, quality, or outcome of any services or transactions.
• You indemnify us against any claims, losses, or damages arising from your classifieds, services, or interactions with service providers or sellers listed on our Platforms.

REVIEWS

• You may rate and review service providers using your username.
• Reviews must be fair, honest, and not defamatory (no profanity will be tolerated). We may remove reviews that violate this policy.

PAYMENT (IF APPLICABLE)

• If fees apply (e.g., for premium listings), payment terms will be specified at the time of transaction.

INTELLECTUAL PROPERTY

• Our Platforms' design, logos, and content (excluding user content) are owned by Edenglen Ratepayers Road Closure Association (2002/020882/08). You may not reproduce or distribute them without permission.

DISPUTE RESOLUTION

• Disputes between users must be resolved independently. We may assist but are not obligated to intervene.

INDEMNITY

• You agree to indemnify us against any losses, damages, or claims arising from your use of our Platforms or breach of these Terms and Conditions.

GOVERNING LAW

These Terms and Conditions are governed by South African law.

CONTACT US

For questions, contact us at [email protected].

PRIVACY POLICY

WELCOME TO WWW.EDENGLENSOUTHROADCOMMUNITY.CO.ZA PRIVACY POLICY

This Privacy Policy applies to all users of our website, related mobi-sites, and software applications, collectively referred to as "our Platforms," which are used to connect community members, facilitate classifieds, and allow ratings of service providers within Edenglen South Road Closure.

The purpose of this Privacy Policy is to explain how, why, and when Edenglen Ratepayers Road Closure Association (2002/020882/08) ("we," "us," or "our") collects, uses, and protects your Personal Information in compliance with the Protection of Personal Information Act 4 of 2013 ("POPI").

Please read this Privacy Policy alongside our Terms of Use, Terms and Conditions, and any other notices or policies we may provide when collecting or processing your Personal Information.

Pay special attention to clauses in bold, which:

• May limit our risk or liability or that of a third party.
• May create risk or liability for you.
• May require you to indemnify us or a third party.
• Serve as your acknowledgement of a fact.

We value your privacy and are committed to safeguarding your Personal Information. By using our Platforms, you agree to the processing of your Personal Information as outlined in this Privacy Policy.

In this Privacy Policy:

• "Personal Information" and "process/processing" have the meanings set out in POPI.
• "We," "us," or "our" refers to Edenglen Ratepayers Road Closure Association (2002/020882/08).
• "You" or "your" refers to every person who accesses or uses our Platforms, also referred to as a user.
• "Registered user(s)" refers to individuals registered on our Platforms who have provided a unique email address, password, and other Personal Information to access our services.

IF YOU ARE BELOW THE AGE OF 18

If you are under 18 years old, you must obtain permission from your parent or guardian before using our Platforms or providing your Personal Information. We may verify this permission by requesting your parent's or guardian's contact details and contacting them. If we cannot verify permission or if your parent or guardian denies it, you may not use our Platforms.

WHAT PERSONAL INFORMATION WE COLLECT AND PROCESS

We process Personal Information in a reasonable, adequate, relevant, non-excessive, and purpose-specific manner. To provide our Platforms' services—connecting community members, enabling classifieds, and rating service providers—we collect and process certain Personal Information.

When you register as a user, we may collect:

• Name and surname.
• Email address.
• Physical address (to verify residency in Edenglen South Road Closure).
• Cellphone number.
• Household member details (e.g., names or number of members).
• Vehicle license plate number/s.

You can update or correct your Personal Information by accessing your account profile.

You warrant that the information you provide is accurate, current, true, and does not impersonate or misrepresent any person or entity.

INFORMATION FROM USING OUR PLATFORMS

When you access our Platforms, whether registered or not, we may process:

• Log information (e.g., how, when, and for how long you use our Platforms, pages viewed, and search queries).
• Classifieds or service provider data you submit (e.g., item descriptions, service details, or contact information).

WHY DO WE PROCESS YOUR PERSONAL INFORMATION?

We process your Personal Information to:

• Identify and verify you as a resident of the Edenglen South Road Closure.
• Create and manage your user account.
• Facilitate classifieds postings and service provider listings.
• Allow you to rate and review service providers.
• Communicate with you about our Platforms, including updates, support, or dispute resolution.
• Notify you of changes to our Platforms, services, or policies.
• Send you community-related updates (unless you opt out).

RETENTION AND RESTRICTION OF RECORDS

We retain your Personal Information for as long as:

• It is needed to provide our Platforms and services.
• Required or permitted by law and our internal retention policies.
• Necessary to uphold our agreement with you.
• You consent, subject to your right to request we stop processing it.

By using our Platforms, you consent to us retaining your Personal Information for no longer than necessary to achieve the purpose for which it was collected or processed.

WHO ELSE GETS TO PROCESS YOUR PERSONAL INFORMATION

We do not sell your Personal Information. We do not and will never share your data with security companies in the area. We may share it with:

• Our employees or third-party service providers (e.g., website administrators and website hosting or payment processors) to provide our services.
• Law enforcement or government officials if required by law or to investigate illegal activity.

SENDING YOUR PERSONAL INFORMATION OUTSIDE SOUTH AFRICA

We may transfer your Personal Information outside South Africa (e.g., for data storage or backups) in compliance with POPI. By using our Platforms, you consent to this transfer.

SECURING YOUR PERSONAL INFORMATION

We protect your Personal Information with reasonable technical and organizational measures, including:

• Encrypting registered user data in our database.
• Hashing passwords.
• Implementing access controls, secure storage, and breach reporting protocols.

Note: Classifieds and service provider data (e.g., item descriptions) are not encrypted, as they are intended for public viewing. Reviews display your username (not your real name).

We are not liable for loss or damage if you disclose your Personal Information to third parties or if it is unlawfully acquired elsewhere.

KNOW YOUR RIGHTS

You have the right, upon providing proof of identity, to:

• View, correct, or object to the processing of your Personal Information.
• Request a record of your Personal Information (fees may apply).
• Request deletion of your Personal Information (subject to legal retention requirements).
• Lodge a complaint with the Information Regulator (see below).

Registered users can exercise these rights via their account settings. Other users can refer to our PAIA Manual.

HOW TO LODGE A COMPLAINT WITH THE INFORMATION REGULATOR

If you have concerns about this Privacy Policy or our compliance, contact the Information Regulator at: https://justice.gov.za/inforeg/. We may update this Privacy Policy periodically. The version posted on our Platforms applies to you.

WHATSAPP TERMS & CONDITIONS

WELCOME TO EDENGLEN SOUTH ROAD CLOSURE COMMUNITY WHATSAPP TERMS & CONDITIONS

These WhatsApp Terms & Conditions govern your participation in the Edenglen South Road Closure Community WhatsApp groups managed by the Edenglen Ratepayers Road Closure Association (2002/020882/08).

ELIGIBILITY

• You must be a registered member of the Edenglen South Road Closure Community to join our WhatsApp groups.
• Only residents verified through our Platforms may participate.

ACCEPTABLE USE

You agree to:

• Use the WhatsApp groups for community-related communication only (e.g., security alerts, community updates).
• Refrain from posting offensive, defamatory, or irrelevant content.
• Respect the privacy of other members and not share group content outside the group without permission.

MODERATION

• Group administrators may remove members who violate these terms.
• We reserve the right to moderate content and remove inappropriate messages.

LIMITATION OF LIABILITY

• We are not liable for any disputes, misinformation, or damages arising from content shared in the WhatsApp groups.

CONTACT US

For questions or concerns about our WhatsApp groups, contact us at [email protected].

PAIA MANUAL

MANUAL PREPARED IN ACCORDANCE WITH SECTION 51 OF THE PROMOTION OF ACCESS TO INFORMATION ACT

MANUAL PREPARED IN ACCORDANCE WITH SECTION 51 OF THE PROMOTION OF ACCESS TO INFORMATION ACT (ACT NO. 2 OF 2000) (THE "ACT") FOR EDENGLEN RATEPAYERS ROAD CLOSURE ASSOCIATION (Registration Number: 2002/020882/08) ("the Association")

Date of Update: April 17, 2025

TABLE OF CONTENTS

• 1. Introduction
• 2. Contact Details
• 3. Description of the Guide in Terms of Section 10 of the Act and POPIA
• 4. Description of Records Available in Accordance with Other Legislation
• 5. Requesting Access to Information
• 6. Purpose of Processing Your Information
• 7. Categories of Data Subjects, Information, and Recipients
• 8. Transborder Flows of Personal Information
• 9. Information Security Measures
• 10. Availability of the Manual
• 11. Prescribed Fees
• 12. Promotion of Access to Information (PAIA) Forms

1. INTRODUCTION

The Edenglen Ratepayers Road Closure Association (Registration Number: 2002/020882/08) is a non-profit company incorporated in South Africa on 28 August 2002 under Section 21 of the Companies Act. The Association manages and maintains the Edenglen South Road Enclosure to ensure safety, security, and controlled access for its members and residents.

This manual outlines the procedure for requesting access to information/documents, including personal information, from the Association as required by the Promotion of Access to Information Act No. 2 of 2000 (PAIA), as amended, and the Protection of Personal Information Act No. 4 of 2013 (POPIA).

The manual may be amended periodically, with the latest version published on the Association’s website or available upon request. For assistance, contact the Information Officer at [email protected].

Definitions:

• The Act: The Promotion of Access to Information Act No. 2 of 2000, as amended, with regulations.
• Access Fee: Fee paid by the Requester for locating and copying records, per regulation.
• Data Subject: Person to whom personal information relates (Section 1, POPIA).
• Information Officer: Person authorized to handle PAIA requests.
• Information Regulator: Body established under Section 39 of POPIA.
• This Manual: This document, including annexures, available on the Association’s website or from the Information Regulator.
• Personal Information: Information relating to an identifiable person (Section 1, POPIA).
• POPIA: Protection of Personal Information Act No. 4 of 2013, as amended, with regulations.
• The Republic: Republic of South Africa.
• Requester: Person or entity requesting information under PAIA and POPIA.

2. CONTACT DETAILS

(Section 51(1)(a) of the Act as amended by POPIA)

Field	Details
Name of Body	Edenglen Ratepayers Road Closure Association
Registration Number	2002/020882/08
Directors	N.F. Den Hond, K. Mandy, D. Cerbone
Appointed Information Officer	Desmond Kelly (Accountant and Information Officer)
Physical Address	32 Ferero Street, Edenglen, Johannesburg, 1609
Postal Address	32 Ferero Street, Edenglen, Johannesburg, 1609
Telephone	Available upon request via [email protected]
Email	[email protected]
Website	https://www.edenglensouthroadcommunity.co.za/

3. DESCRIPTION OF THE GUIDE IN TERMS OF SECTION 10 OF THE ACT AND POPIA

(Section 51(1)(b)(i) of the Act as amended by POPIA)

The Information Regulator has published a guide under Section 10 of PAIA to assist with exercising rights under PAIA and POPIA. Available in all official languages, it details how to request records.

Access the Guide:

• Information Regulator:
• Physical Address: JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001
• Postal Address: P.O. Box 31533, Braamfontein, Johannesburg, 2017
• Telephone: +27 10 023 5200
• Website: https://inforegulator.org.za/
• Email: [email protected]

PAIA grants Requesters access to records of a private body if needed to exercise or protect rights, subject to the procedures and fees in Sections 5 and 11.

4. DESCRIPTION OF RECORDS AVAILABLE IN ACCORDANCE WITH OTHER LEGISLATION

(Section 51(1)(b)(iii) of the Act as amended by POPIA)

The Association maintains records as required by:

• Companies Act No. 71 of 2008 (governance, registration)
• Non-Profit Organisations Act No. 71 of 1997 (NPO compliance)
• Promotion of Access to Information Act No. 2 of 2000
• Protection of Personal Information Act No. 4 of 2013
• Income Tax Act No. 58 of 1962 (tax records)
• Occupational Health and Safety Act No. 85 of 1993 (safety at enclosure points)
• Local Government: Municipal Systems Act No. 32 of 2000 (municipal interactions)
• Electronic Communications and Transactions Act No. 25 of 2002 (electronic records)

This list is not exhaustive. Contact [email protected] for specific record inquiries.

5. REQUESTING ACCESS TO INFORMATION

(Section 51(1)(iv) of the Act as amended by POPIA)

Categories of Records:

• Website (https://www.edenglensouthroadcommunity.co.za/): Publicly accessible records, including Association profile, contact details, community notices, and policies (e.g., constitution).
• Other(\'s Other Records:
• Membership records (e.g., names, addresses, vehicle details).
• Financial records (e.g., annual financial statements, budgets).
• Operational records (e.g., maintenance logs, security contracts).
• Meeting records (e.g., minutes, resolutions).
• Correspondence (e.g., with members, service providers, authorities).
• Statutory records (e.g., registration documents, NPO certificate).

Request Process:

• Members: Request personal information via email to [email protected].
• General Public: Submit Form 02 (Request for Access to Record) to the Information Officer at [email protected]. Form available at https://inforegulator.org.za/paia-forms/.
• Requirements:
• Specify the record(s) requested.
• Provide Requester’s contact details and identity number.
• Submit proof of capacity (if requesting for another).
• Indicate form of access (e.g., printed, electronic).
• Explain the right to be exercised/protected and why the record is needed.
• Complete and sign Form 02 legibly.
• The Information Officer will notify the Requester of applicable fees (Section 11) before processing.

6. PURPOSE OF PROCESSING YOUR INFORMATION

(Section 51(1)(c)(i) of the Act as amended by POPIA)

The Association processes personal information to:

• Verify membership eligibility and manage enclosure access.
• Communicate with members on security, maintenance, or community matters.
• Fulfill legal obligations (e.g., tax, NPO compliance).
• Protect members’ and the Association’s legitimate interests (e.g., safety).

Processing occurs with consent (where required), by legal obligation, or per contractual terms.

7. CATEGORIES OF DATA SUBJECTS, INFORMATION, AND RECIPIENTS

(Section 51(1)(ii) to (iii) of the Act as amended by POPIA)

• Members: Names, addresses, contact details, vehicle registrations; shared with security providers or authorities if required.
• Service Providers: Contractual details; shared with management or auditors.
• Employees (if any): Employment records; shared with HR or payroll services.

8. TRANSBORDER FLOWS OF PERSONAL INFORMATION

(Section 51(iv) of the Act as amended by POPIA)

Personal information may be transferred outside South Africa (e.g., cloud storage) only with safeguards equivalent to POPIA, such as binding agreements with service providers.

9. INFORMATION SECURITY MEASURES

(Section 51(v) of the Act as amended by POPIA)

The Association employs reasonable measures, including:

• Encrypted storage of member data.
• Access controls and secure backups.
• Data breach and retention policies.

10. AVAILABILITY OF THE MANUAL

(Section 51, Section 53, and Section 54 of the Act)

Available at:

• Website: https://www.edenglensouthroadcommunity.co.za/
• Physical Address: 32 Ferero Street, Edenglen, Johannesburg, 1609
• Email Request: [email protected]
• Information Regulator: https://inforegulator.org.za/

11. PRESCRIBED FEES

Item	Description	Amount
1.	Request fee	R140.00
2.	Photocopy (A4)	R2.00 per page
3.	Printed copy (A4)	R2.00 per page
4.	Flash drive (Requester-provided)	R40.00
	Compact disc (Requester-provided)	R40.00
	Compact disc (Association-provided)	R60.00
5.	Transcription of visual images (A4)	Outsourced; per quote
6.	Copy of visual images	Outsourced; per quote
7.	Transcription of audio (A4)	R24.00
8.	Audio on flash drive/CD	R40.00/R60.00
9.	Search/preparation (per hour, after first hour)	R145.00 (max R435.00)
10.	Deposit (if search exceeds 6 hours)	1/3 of total access fee
11.	Postage/email	Actual expense

12. PROMOTION OF ACCESS TO INFORMATION (PAIA) FORMS

• Form 02: Request for Access to Record (Regulation 7).
• Available at: https://inforegulator.org.za/paia-forms/.
• Submit to: [email protected].