Mazda Southern Africa - Protection of Access to Personal Information (PAIA) Policy
1. INTRODUCTION
Mazda Southern Africa (Pty) Ltd (“Mazda SA”) is an importer of motor vehicles, vehicle spares and parts, as well as vehicle accessories, for on-sale to approved Mazda SA dealers, vendors, retailers and customers.
The Promotion of Access to Information Act 2 of 2000 (‘PAIA’) requires that a company, such as Mazda SA, adopt a Promotion of Access to Information Manual (‘the PAIA Manual’).
The PAIA Manual is required to confirm and describe the type of records and personal information held by Mazda SA and set out the procedural requirements as to how one might submit a request for access to such records and information in terms of the PAIA. Specifically, the PAIA Manual must explain how to access or object to the personal information held by Mazda SA, or request the correction of personal information held by Mazda SA, as envisaged in section 23 and 24 of the Protection of Personal Information Act 4 of 2013 (‘POPI Act’).
The legislation (PAIA and POPI Act) has been enacted to give credence to the constitutional right of access to relevant and personal information held by private and public bodies, necessary for such information is necessary for the protection of any rights.
Mazda SA is a private body to whom requests for access to information may be made, subject to the relevant legislation. Requests for access to information shall be made in accordance with the procedures setout herein, at the cost applicable and indicated in this PAIA Manual.
Access to Mazda SA PAIA Manual
This PAIA Manual is available on the Mazda SA website at www.mazda.co.za A copy can also be requested from Customer Care by email at customercare@mazda.co.za.
2. COMPANY DETAILS:
MAZDA SOUTHERN AFRICA (PTY) LTD MAZDA SOUTHERN AFRICA (PTY) LTD
Building J, Unit FL02, Hertford Office Park, 90 Bekker Rd, Vorna Valley, Midrand, 2196
Email: customercare@mazda.co.za
Tel: 0861 370 134
Authorized Mazda SA representatives Information Officer Name: Craig Roberts Email: informationofficer@mazda.co.za Tel: 0861 370 134
3. COMPANY RECORDS
3.1 Available Records held by MAZDA SA available ONLY on request in terms of s51 of PAIA
NOTE: The accessibility of records may be subject to grounds of refusal as set out in PAIA and this PAIA Manual. Amongst others, records deemed confidential on the part of a third party, will necessitate permission from the third party concerned, in addition to the normal requirements, before Mazda SA can properly consider such request.
Personnel Records
Personnel refers to any person who works for, or provides services to, or on behalf of Mazda SA, and receives or is entitled to received remuneration and any other person who assists in carrying-out or conducting the business of Mazda SA. This includes all directors (executive and non-executive), all permanent, temporary and part-time staff, as well as contract workers.
- Personal records provided by Mazda SA personnel
- Records provided by third-parties relating to personnel
- Conditions of employment and other personnel-related contractual and legal records
- Correspondence with personnel
- Training schedules and training material
Customer Records
A customer includes any juristic entity or natural person that receives / uses the products or services of Mazda SA
- Records provided by a customer to a third-party acting for or on behalf of Mazda SA
- Records provided by a third-party
- Records generated or created by Mazda SA regarding its customers, including transaction records
Private Company Records
- Financial Records and Statements
- Operational Records
- Databases
- Information Technology documents
- Marketing records and research Internal Mazda SA correspondence
- Product Records
- Service Records
- Internal Policies and Procedures
- Records held by the officials of Mazda SA
Records of other parties
- Personnel, customer or Mazda SA records held by a third-party, as opposed to by Mazda SA
- Records held by Mazda SA that belong to or pertain to a third party, including financial information, financial records, correspondence, contractual records and records relating to contractors provided by a third-party.
3.2 Records available Records of a public nature, typically those displayed on the Mazda SA website and publicly available reports, may be requested and accessed without the need of submitting a formal application / request in terms of PAIA and the PAIA Manual. Other confidential records, such as statutory records lodged and maintained at CIPC, may also be requested and accessed without the need of making formal application, however, should an inspection of these documents be required and same be maintained at the premises of Mazda SA, then an appointment will have to be made with Mazda SA to arrange for a suitable time for such an inspection to take place.
Mazda SA, in addition to PAIA and this PAIA Manual, will also make available records as may be required by statutes other than PAIA, provided the necessary statutory requirements and procedures for such access are properly complied with.
4. REQUEST PROCEDURE AND FEES
4.1 Request for Information form To facilitate a request for access to information held by Mazda SA in terms of PAIA, we request that you consider and complete the Request for Information Form enclosed as Annexure A to this manual.
Please provide:
- A description of the records requested
- The name and details of the requestor; including if the requestor is acting as an agent lodging the request on behalf of another party/person
- The requestor’s contact details, including physical address, email address and telephone number
- The nature of access required (copies or inspection)
- A description of the nature of the right the requestor is seeking to exercise or protect, together with a short explanation of the reason why the requested record is necessary for the protection of the identified right.
4.2 Prescribed Fees A request will be subject to payment of the prescribed fees. Refer to Annexure B for the detailed Fee Structure.
5. INTERNAL REMEDIES
Mazda SA does not have any internal appeal procedures relating to PAIA or POPI Act requests. As such, any decision taken by the authorized representative of Mazda SA is final. The requestor shall be informed of the decision in writing. If the request is denied, the requestor is entitled to apply to the court with the necessary jurisdiction, or to the Information Regulator to seek appropriate relief.
Annexure A
REQUEST FOR ACCESS TO RECORD OF PRIVATE BODY (Section 53(1) of the Promotion of Access to Information Act, 2000) [Regulation 10]
A. Particulars of private body Name of Private Body: ___________________________________________________________________________
The Head/Designated Person: ________________________________________________
B. Particulars of person requesting access to the record
(a) The particulars of the person who requests access to the record must be given below.
(b) The address and/or fax number in the Republic to which the information is to be sent must be given.
(c) Proof of the capacity in which the request is made, if applicable, must be attached.
Full names and surname: ____________________________________________________________________
Identity number: ___________________________________________________________________________
Postal address: _____________________________________________________________________________
Fax number: Telephone number: __________________________________________________________________________________________
E-mail address: ____________________________________________________________________________
Capacity in which request is made, when made on behalf of another person: ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________
C. Particulars of person on whose behalf request is made This section must be completed ONLY if a request for information is made on behalf of another person. Full names and surname: __________________________________________________________________________________________
Identity number: ___________________________________________________________________________
D. Particulars of record
(a) Provide full particulars of the record to which access is requested, including the reference number if that is known to you, to enable the record to be located.
(b) If the provided space is inadequate, please continue on a separate folio and attach it to this form. The requester must sign all the additional folios.
1. Description of record or relevant part of the record: ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________
2. Reference number, if available: ___________________________________________________________________________
3. Any further particulars of record: ___________________________________________________________________________
E. Fees
(a) A request for access to a record, other than a record containing personal information about yourself, will be processed only after a request fee has been paid.
(b) You will be notified of the amount required to be paid as the request fee.
(c) The fee payable for access to a record depends on the form in which access is required and the reasonable time required to search for and prepare a record.
(d) If you qualify for exemption of the payment of any fee, please state the reason for exemption. Reason for exemption from payment of fees: ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________
F. Form of access to record If you are prevented by a disability to read, view or listen to the record in the form of access provided for in 1 to 4 hereunder, state your disability and indicate in which form the record is required.
Disability: ___________________________________________________________________________
Form in which record is required: ____________________________________________________________________________________
Mark the appropriate items with an X:
NOTES:
(a) Compliance with your request in the specified form may depend on the form in which the record is available.
(b) Access in the form requested may be refused in certain circumstances. In such a case you will be informed if access will be granted in another form.
(c) The fee payable for access to the record, if any, will be determined partly by the form in which access is requested.
1. If the record is in written or printed form:
Copy of record_____
Inspection of record_____
2. If record consists of visual images (this includes photographs, slides, video recordings, computer-generated images, sketches, etc.):
View copies of the images_____
Transcription of the images_____
3. If record consists of recorded words or information which can be reproduced in sound:
Listen to the soundtrack (external storage device)_____
Transcription of soundtrack (written or printed document)_____
4. If record is held on computer or in an electronic or machine-readable form:
Printed copy of record_____
Printed copy of information derived from the record_____
Copy in computer readable form (External storage devices)_____
*If you requested a copy or transcription of a record (above), do you wish the copy or transcription to be posted to you? Postage is payable.
YES_____
NO_____
G. Particulars of right to be exercised or protected If the provided space is inadequate, please continue on a separate folio and attach it to this form. The requester must sign all the additional folios.
1. Indicate which right is to be exercised or protected: __________________________________________________________________________
2. Explain why the record requested is required for the exercise or protection of the aforementioned right: ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________
H. Notice of decision regarding request for access You will be notified in writing whether your request has been approved/denied. If you wish to be informed in another manner, please specify the manner and provide the necessary particulars to enable compliance with your request. How (other than in writing) would you prefer to be informed of the decision regarding your request for access to the record? ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________
Signed at ________________________________________ this _______ day of __________________________________ 20____ ___________________________________
SIGNATURE OF REQUESTER / PERSON
Annexure B
PRESCRIBED FEES FOR PAIA REQUEST FROM PRIVATE BODY
The following will apply to PAIA requests (other than personal requests):
- A requestor is required to pay the prescribed fees (R140.00) before a request will be processed
- If the preparation of the record requested requires more than the prescribed hours (six), a deposit shall be paid (of not more than one third of the access fee which would be payable if the request were granted)
- A requestor may lodge an application with a court against the tender/payment of the request fee and/or deposit
- Records may be withheld until the fees have been paid
- Payments must be made to Mazda Southern Africa (Pty) Ltd
Fees in respect of private bodies
1. The fee for a copy of the manual as contemplated in regulation 9(2)(c) is R2,00 for every photocopy of an A4-size page or part thereof.
2. The fees for reproduction referred to in regulation 11(1) are as follows:
2.1 For every photocopy of an A4-size page or part thereof R2,00
2.2 For every printed copy of an A4-size page or part thereof held on a computer or in electronic or machine readable form R2,00
2.3 For a copy in a computer-readable form on
- 2.3.1 External storage device R60,00
2.4 For a transcription of visual images, for an A4-size page or part thereof R24,00
2.5 For a copy of visual images, a quotation will have to be provided, as the service is outsourced and depends on the requirement.
2.6 For a transcription of an audio record, for an A4-size page or part thereof R24,00
2.7 For a copy of an audio record R60,00
3. The request fee payable by a requester, other than a personal requester, referred to in regulation 11(2) is R140,00.
4. The access fees payable by a requester referred to in regulation 11(3) are as follows:
4.1 For every photocopy of an A4-size page or part thereof R2,00
4.2 For every printed copy of an A4-size page or part thereof held on a computer or in electronic or machine readable form R2,00
4.3.1 For a copy in a computer-readable form on
4.3.2 External storage device R60,00
4.4 For a transcription of visual images, for an A4-size page or part thereof R24,00
4.5 For a copy of visual images, a quotation will have to be provided, as the service is outsourced and depends on the requirement.
4.6 For a transcription of an audio record, for an A4-size page or part thereof R24,00
4.7 For a copy of an audio record R60,00
4.8 To search for and prepare the record for disclosure, R145,00 for each hour or part of an hour reasonably required for such search and preparation.
5. For purposes of section 54(2) of the Act, the following applies:
- Six hours as the hours to be exceeded before a deposit is payable; and
- one third of the access fee is payable as a deposit by the requester.
6. The actual postage is payable when a copy of a record must be posted to a requester