Paia Manual
Introduction
We are DEKRA Automotive (Pty) Ltd, we conduct business as a vehicle inspection, vehicle appraisal service provider.
This is our ‘Access to Information Manual’. Its purpose is to help you access our information and any other information that we have. PAIA requires us to make it available to you so that you:
- know what types of information we have; and
- can request access to it.
Our details
Our details are as follows:
- Company name: DEKRA Automotive (Pty) Ltd
- Registration number: 2008/009509/07
- Postal address: 97 Willem Cruywagen Ave, Klerksoord, Rosslyn, Pretoria, 0200
- Physical address: 97 Willem Cruywagen Ave, Klerksoord, Rosslyn, Pretoria, 0200
- Phone number: 081 372 9724
- Fax number: +27 86 544 1601
- Information officer: Marius Schutte
- Information officer email: Marthinus.schutte@dekra.com
- Contact email: info@dekraauto.co.za
- Website: https://www.dekraauto.co.za
Further guidance
If you would like further guidance on how you can get access to information under PAIA, you may contact the South African Human Rights Commissi (SAHRC) to find out more information about PAIA. They have a guide in each official language of South Africa on how to exercise any right under PAIA. In terms of the Section 110 of the Protection of Personal Information Act 4 of 2013 the functions of the Human Rights Commission have been transferred to the Information Regulator. Their contact details are as follows:
- Phone number: 010 023 5200 or 010 023 5207
- Fax number: 011 403 0668
- Postal address: P.O Box 3153, Braamfontein, Johannesburg, 2017
- Physical address: 33 Hoofd Street, Forum III, 3rd Floor Braampark, Braamfontein, Johannesburg, 2017
- Website: https://www.justice.gov.za/inforeg/index.html and http://www.sahrc.org.za/index.php/understanding-paia
- General e-mail: inforeg@justice.gov.za
- Complaints email: complaints.IR@justice.gov.za
Records we hold
We hold the following subjects and categories of records:
- Company records;
- Business records;
- Financial records;
- Insurance records;
- Personnel records;
- Policies and directives;
- Agreements or contracts;
- Regulatory documents;
- Published information;
- Customer information;
- Reference materials.
Please note that records that are ‘not automatically available,’ must be requested using the process outlined in the ‘How to request access’ section of this manual.
Company records
Company records are all our records related to the incorporation and administration of our company. Some of them are available from the Companies and Intellectual Property Commission (CIPC).
Business records
Business records include any documents that have economic value to the business.
Financial records
Financial records are all our records related to our finances.
Insurance records
Insurance records are all our records related to our insurable assets.
Income tax records
Income tax records are all our records related to our income tax obligations.
Personnel records
Personnel records are all our records about anyone who works for us, provides services to us, or provides services on our behalf and who receives or is entitled to receive remuneration, including our employees, contractors, and other personnel.
Policies and directives
Policies and directives include both internal and external documents.
Agreements or contracts
Agreements or contracts include the documents themselves and all related documents.
Regulatory documents
Regulatory documents include any documents required to comply with any laws.
Published information
Published information includes any document that we prepare and produce.
Customer information
Customer information includes any information about anyone that we provide goods or services to, including our customers, leads, or prospects.
Reference materials
Reference materials include any sources of information that we contribute to.
Information we hold to comply with the law
We hold records for the purposes of PAIA in terms of the following main laws, among others:
- Basic Conditions of Employment Act 75 of 1997;
- Broad Based Black Economic Empowerment Act No. 53 of 2003;
- Companies Act 71 of 2008;
- Compensation for Occupational Injuries and Disease Act 130 of 1993;
- Competition Act 89 of 1998;
- Consumer Protection Act 68 of 2008;
- Copyright Act 98 of 1978;
- Currency and Exchanges Act 9 of 1933;
- Electronic Communications Act 36 of 2005;
- Electronic Communications and Transactions Act 25 of 2002;
- Employment Equity Act 55 of 1998;
- Environment Conservation Act 73 of 1989;
- Financial Intelligence Centre Act 38 of 2001;
- Income Tax Act 58 of 1962;
- Labour Relations Act 66 of 1995;
- National Credit Act 34 of 2005;
- National Environmental Management Act 107 of 1998;
- National Environmental Management: Air Quality Act 39 of 2008;
- National Road Traffic Act 93 of 1996;
- Occupational Health and Safety Act 85 of 1993;
- Prescription Act 68 of 1969;
- Protection of Personal Information Act 4 of 2013;
- Regulation of Interception of Communications and Provision of Communication related Information Act 70 of 2002;
- Skills Development Act 97 of 1998;
- Skills Development Levies Act 9 of 1999;
- The South African National Roads Agency Limited and National Road Act 7 of 1998;
- Trade Marks Act 194 of 1993
- Unemployment Insurance Act 63 of 2001;
- Unemployment Insurance Contributions Act 4 of 2002; and
- Value Added Tax Act 89 of 1991.
How to request access
We have authorised and designated our information officer to deal with all matters relating to PAIA in order to comply with our obligations in terms of PAIA. To request access to a record, please complete Form C which is available from:
- the SAHRC website at http://www.sahrc.org.za/index.php/understanding-paia at this link: http://www.sahrc.org.za/home/21/files/Form%20C.doc%20August%202013.doc; or
- the Department of Justice and Constitutional Development website at www.justice.gov.za at this link: http://www.justice.gov.za/forms/paia/J752_paia_Form%20C.pdf.
Please submit the completed form to our information officer together with the relevant request fee (details here: http://www.sahrc.org.za/home/21/files/PAIA%20Notice%20on%20fees.pdf) at our information officer’s email address, our physical address, or by fax in terms of our details provided above. Please ensure that the completed form:
- has enough information for the information officer to identify you, the requested records, and which form of access you require;
- specifies your email address, postal address, or fax number;
- describes the right that you seek to exercise or protect;
- explains why you need the requested record to exercise or protect that right;
- provides any other way you would like to be informed of our decision other than in writing; and
- provides proof of the capacity in which you are making the request if you are making it on behalf of someone else (we will decide whether this proof is satisfactory).
If you do not use the standard form we may:
- reject the request due to lack of procedural compliance;
- refuse it if you do not provide sufficient information; or
- delay it.
Grounds for refusal
We may have to refuse you access to certain records in terms of PAIA to protect:
- someone else’s privacy;
- another company’s commercial information;
- someone else’s confidential information;
- the safety of individuals and property;
- records privileged from production in legal proceedings; or
- research information.
We will notify you in writing whether your request has been approved or denied within 30 calendar days after we have received a completed request for access form. If we cannot find any requested record or it does not exist, then we will notify you by way of affidavit that it is not possible to give access to that particular record.
Remedies
If your request for access is denied, you may:
- apply to a court with appropriate jurisdiction, or
- lodge a complaint with the Information Regulator,
for the necessary relief.
How we will give you access
We will evaluate and consider all requests to us in terms of PAIA. If we approve your request for access to our records, then we will decide how to provide access to you – unless you have asked for access in a specific form. Publication of this manual does not give rise to any rights to access information records, except in terms of PAIA.
How much it will cost you
You must pay us a request fee as required by law when submitting a request for access to information. The prescribed fees are as set out in the Fee Schedule which is available from http://www.sahrc.org.za/index.php/understanding-paia at this link: http://www.sahrc.org.za/home/21/files/PAIA%20Notice%20on%20fees.pdf. You must pay us the fees before we will hand over any information. You may have to pay a further access fee if we grant the request for any time that has exceeded the prescribed hours to search and prepare the record for disclosure.
How we process and protect personal information
We process the personal information of various categories of people for various purposes as set out in this clause.
Categories of people
We process the personal information of the following categories of people:
- customers or clients;
- information our data subjects submit to us provide services to them;
- prospects or leads;
- employees;
- recruiters and service providers providing services related to employees;
- contractors, vendors, or suppliers;
- debtors and creditors;
- dealers; and
- directors and shareholders.
Purposes
We process the personal information to:
- provide our goods or supply our services;
- better understand our data subjects’ needs when doing so;
- keep our data subject records up-to-date;
- manage employees in general;
- manage supplier contracts in general;
- manage dealer relationships in general;
- manage customers in general;
- manage customer credit in general;
- market to customers in various countries;
- enforce debts;
- market goods and services to prospects;
- process customer requests or complaints; and
- process personal information of employees for forensic purposes.
Categories of personal information
We process many different categories of personal information, including:
- contact details, such as phone numbers, physical and postal addresses, and email addresses;
- personal details, such as names and ages;
- demographic details, such as races and age groups;
- health information;
- biometric information;
- account numbers;
- background information;
- vehicle and car insurance information;
- vehicle licensing information;
- contract information;
- credit information; and
- debt and debtor information.
Third-party disclosures
We give the following people personal information that we process in the ordinary course of business to fulfil our obligations to our customers or clients:
- contractors, vendors, or suppliers;
- agents, distributors, or other resellers;
- operators, other responsible parties, or co-responsible parties; and
- third party vendors (such as software developers) to help us maintain our services.
Cross-border transfers
We may send personal information outside of South Africa to various countries. We will only transfer data to other countries who have similar privacy laws to South Africa’s, or recipients who can guarantee the protection of personal information to the same standard we must protect it.
Security
We secure data by maintaining reasonable measures to protect personal information from loss, misuse, and unauthorized access, disclosure, alteration and destruction. We also take reasonable steps to keep personal information accurate, current, complete, confidential and reliable for its intended use.
Availability of this Manual
This manual is available in English and will be available on our website, and at our company offices. The manual is also electronically available on our website at: www.dekraauto.co.za
Updates to this Manual
This manual will be updated whenever we make material changes to the current information.