Legal

PAIA Manual

Elev8 Automotive (Pty) Ltd

1. Preamble

The Promotion of Access to Information Act, 2000 ("PAIA"), as amended, seeks to, inter alia, give effect to the Constitutional right of access to any information held by the State or by any other person where such information is required for the exercise or protection of any right, and gives natural and juristic persons the right of access to records held by either a private or public body, subject to certain justifiable limitations and grounds of refusal, in order to enable them to exercise or protect their rights.

Elev8 Automotive (Pty) Ltd ("Elev8 Automotive") is a private body as defined in PAIA. Section 51 of PAIA obliges private bodies to compile a manual to enable a person to obtain access to information held by such body and stipulates the minimum requirements that the manual must comply with.

This PAIA Manual constitutes Elev8 Automotive's PAIA Manual. It is compiled in accordance with section 51 of PAIA, as amended by the Protection of Personal Information Act, 2013 ("POPIA"), which gives effect to everyone's Constitutional right to privacy. POPIA amends certain provisions of PAIA, balancing the need for access to information against the need to ensure the protection of personal information.

Where a request is made in terms of PAIA, the body to whom the request is made is obliged to release the information, subject to justifiable limitations, which include, inter alia:

Reasonable protection of privacy;
Commercial confidentiality; and
Effective, efficient and good governance.

PAIA and this PAIA Manual set out the procedure to be adopted when requesting information from Elev8 Automotive.

All requests in terms of PAIA and this PAIA Manual must be addressed to the Information Officer, whose details are set out in this manual.

2. Definitions

"access fee": means the fee prescribed for the purposes of section 22(6) or 54(6) of PAIA, as the case may be;
"Elev8 Automotive": means Elev8 Automotive (Pty) Ltd, a company registered in terms of the laws of the Republic of South Africa with registration number 2026/079110/07, and its subsidiaries, affiliates and related parties;
"Data Subject/s": the natural or juristic person(s) to whom Personal Information relates;
"Information Officer": means the head of a private body as contemplated in section 1 of PAIA. In terms of PAIA, the "head" of a private body is the chief executive officer or equivalent officer of the juristic person, or any person duly authorised by that officer. Elev8 Automotive has appointed an Information Officer to, inter alia, assess requests for access to information;
"Information Regulator": The Information Regulator is an independent body established in terms of section 39 of PAIA;
"PAIA Manual": means this manual, inclusive of the appendices hereto;
"Personal Information": information relating to an identifiable, living, natural person, and where applicable, an identifiable, existing juristic person, including, but not limited to:
- information relating to the race, gender, pregnancy, marital status, nationality, ethnic or social origin, colour, sexual orientation, age, physical or mental well-being, disability, religion, conscience, belief, culture, language and birth of the person;
- information relating to the education or the medical, financial, criminal or employment history of the person;
- any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assigned to the person;
- the biometric information of the person;
- the personal opinions, views or preferences of the person;
- correspondence sent by the person that is implicitly or explicitly of a private or confidential nature, or further correspondence that would reveal the contents of the original correspondence;
- the views or opinions of another individual about the person; and
- the name of the person, if it appears with other personal information relating to the person, or if the disclosure of the name itself would reveal information about the person.
"POPIA": means the Protection of Personal Information Act of 2013 (as amended), together with any regulations;
"private body" means:
- a natural person who carries or has carried on any trade, business or profession, but only in such capacity;
- a partnership which carries or has carried on any trade, business or profession;
- any former or existing juristic person; or
- a political party, but excludes a public body;
"processing": means any operation or activity or any set of operations, whether or not by automatic means, concerning personal information, including:
- the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use;
- dissemination by means of transmission, distribution or making available in any other form; or
- merging, linking, as well as restriction, degradation, erasure or destruction of information;
"record" of, or in relation to, a public or private body, means any recorded information:
- regardless of form or medium;
- in the possession or under the control of that public or private body, respectively; and
- whether or not it was created by that public or private body, respectively;
"request for access": means a request for access to the record of a private body;
"requester": means any person, including but not limited to a public body or official thereof, making a request for access to a record of a private body.

3. Objectives of this manual

The objectives of this PAIA Manual are to provide information in respect of the following:

the purpose for which Elev8 Automotive processes personal information;
a description of the categories of data subjects;
the recipients or categories of recipients to whom personal information may be supplied;
a general description of security measures implemented by Elev8 Automotive; and
sufficient information to facilitate a request for access to records.

4. About Elev8 Automotive

Elev8 Automotive (Pty) Ltd is a specialised automotive services company based in Randburg, Gauteng, South Africa. Elev8 Automotive provides vehicle customisation and enhancement services, including paint protection film (PPF) installation, vinyl wraps, detailing, and vehicle branding, and sells related products, packages and accessories both in-store and online through its e-commerce website. This PAIA manual is relevant and has application to Elev8 Automotive and its subsidiaries and/or affiliates and/or related parties, where applicable.

5. Contact details of Information Officer

The Information Officer has been delegated with the task of receiving and co-ordinating all requests for access to records in terms of PAIA, and will communicate with the internal/external legal team on all such requests.

All requests for access to records in terms of PAIA must be in writing and must be addressed to the contact details below:

Information Officer: Tumelo Keetse
Telephone: 010 014 8802
Website: https://elev8-auto.co.za
E-mail: info@elev8-auto.co.za
Physical Address: 210 Epsom Ave, Unit 17, Northlands Retail Park, Hoogland, Randburg, 2169, Gauteng, South Africa
Postal Address: Same as physical address

Note: an Information Officer must be registered with the Information Regulator before this manual is published. Please confirm Tumelo Keetse's registration status with the Information Regulator (via the Regulator's online registration portal) if this has not already been done.

6. PAIA Act section 10 guide as stipulated by section 51(1)(b)(i)

An official guide has been compiled by the Human Rights Commission and made available by the Information Regulator. The guide contains information intended to assist an individual wishing to exercise a right of access to information in terms of PAIA and POPIA. The guide, together with copies of PAIA and POPIA, may be obtained from the Information Regulator. Enquiries regarding the guide should be directed to:

The Information Regulator
Physical Address: JD House, 27 Stiemens Street, Braamfontein, Johannesburg
Postal Address: P.O. Box 31533, Braamfontein, Johannesburg, 2017
Telephone Number: +27 (0) 10 023 5200
E-mail Address: inforeg@justice.gov.za / enquiries@inforegulator.org.za / paiacomplaints@inforegulator.org.za
Website: https://inforegulator.org.za/contact-us/

7. Important information to note prior to initiating a request

PAIA seeks to, inter alia, give effect to the Constitutional right of access to any information held by the State or by any other person where such information is required for the exercise or protection of any right.

Information will therefore not be furnished to a requester unless the requester provides sufficient particulars to enable Elev8 Automotive to identify the right that the requester is seeking to protect, as well as an explanation as to why the requested information is required for the exercise or protection of that right.

All requests in terms of PAIA and this PAIA Manual must be addressed to the Information Officer using the details provided above.

8. Automatically available information in terms of section 52 (if any), read together with section 52(B)(ii)

Records of a public nature which are found on the Elev8 Automotive website need not be formally requested in terms of this PAIA Manual.

9. Information available in terms of other legislation as stipulated by section 51(1)(b)(iii)

Where applicable to the services rendered by Elev8 Automotive, records are retained in terms of the legislation set out below. Unless disclosure is prohibited by legislation, regulations, contractual agreement or for any other reason, records required to be made available will be made available for inspection in terms of the requirements and conditions of PAIA, should a requester be entitled to such information. A request for access must be made in accordance with PAIA.

Basic Conditions of Employment Act 75 of 1997
Broad-Based Black Economic Empowerment Act 53 of 2003
Companies Act 71 of 2008
Compensation for Occupational Injuries and Diseases Act 130 of 1993
Consumer Protection Act 68 of 2008
Electronic Communications and Transactions Act 25 of 2002
Employment Equity Act 55 of 1998
Income Tax Act 58 of 1962
Labour Relations Act 66 of 1995
Occupational Health & Safety Act 85 of 1993
Pension Funds Act 24 of 1956
Skills Development Act 97 of 1998
Skills Development Levies Act 9 of 1999
Unemployment Insurance Act 63 of 2001
Unemployment Insurance Contributions Act 4 of 2002
Value-Added Tax Act 89 of 1991

10. Access to records available only upon request in terms of section 51(1)(d) and the categories of records available on request

Elev8 Automotive maintains records in the categories listed below. Accessibility of these records may be subject to the grounds of refusal set out in this PAIA Manual. Records deemed confidential in respect of a third party will require permission from that third party prior to Elev8 Automotive providing access. Requests will be considered on a case-by-case basis in accordance with PAIA.

Statutory Business Records - records pertaining to Elev8 Automotive's own affairs

Certificate of Incorporation; Memorandum of Incorporation; Register of Directors and Officers; Share Register.

Accounting Records

Annual financial statements and management accounts; general ledgers; subsidiary ledgers (receivables, payables, etc.); cash books; fixed asset register; VAT returns; lease or instalment sale agreements; budgets and business plans; insurance records; auditor's report.

Customer & Vehicle Records

Customer names and contact details; vehicle make, model and registration details; before/after photographs of PPF, wrap, detailing or branding work; job cards, quotes, invoices and payment records; product/service warranty records; correspondence and complaints.

E-commerce & Website Records

Online order and booking history; website account details; payment transaction references (processed via third-party payment gateway); marketing/newsletter subscription preferences; website usage and cookie data.

Supplier & Installer Records

Contracts and correspondence with material suppliers (e.g. PPF, vinyl wrap film) and subcontracted installers; purchase orders and delivery records.

Fixed Property

Lease agreements for business premises.

Information Technology

Hardware and software licences; website hosting and e-commerce platform agreements; IT support and development records; telephone and data line records.

Legal Agreements and Contracts

Material licences, permits and authorisations; supplier, customer and service contracts.

Personnel Records - this includes any person who works for or provides services to or on behalf of Elev8 Automotive and receives, or is entitled to receive, remuneration, including permanent, temporary and part-time staff, consultants and contract workers

Employee evaluation and performance records; employment applications and contracts; expense accounts; IRP5/IT3 certificates; letters of appointment; leave applications; payroll and salary records; personnel files; time records; UIF, PAYE and SDL returns; Compensation for Occupational Injuries and Diseases documentation.

Other Records

General correspondence and information relating to Elev8 Automotive's business operations.

In addition to the above, Elev8 Automotive may process the following categories of personal information in respect of personnel, customers, contractors, suppliers and other third parties who are identifiable, living, natural persons (and, where applicable, identifiable, existing juristic persons), including but not limited to:

information relating to race, gender, pregnancy, marital status, nationality, ethnic or social origin, colour, sexual orientation, age, physical or mental health, disability, religion, conscience, belief, culture, language and birth;
information relating to education or the medical, financial, criminal or employment history of the person;
any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assigned to the person;
biometric information;
personal opinions, views or preferences;
correspondence sent by the person that is implicitly or explicitly of a private or confidential nature, or correspondence that would reveal the contents of such correspondence;
the views or opinions of another individual about the person; and
the name of the person, where it appears with other personal information, or where disclosure of the name itself would reveal information about the person.

11. The purpose of processing personal information

In terms of POPIA, personal information must be processed for a specified purpose. The purpose for which personal information is processed by Elev8 Automotive depends on the nature of the information and the relevant data subject.

In general, personal information is processed for the purposes of providing quotes, bookings and vehicle customisation/detailing services, processing online orders and payments, fulfilling warranty obligations, dealing with complaints, marketing (where consent has been given), procurement, records management, security, employment and related matters.

12. The recipients or categories of recipients to whom personal information may be supplied

Depending on the nature of the personal information, Elev8 Automotive may supply information or records to the following categories of recipients (list not exhaustive):

Subsidiaries, affiliates and related parties;
Material and product suppliers (e.g. PPF and vinyl wrap suppliers) and subcontracted installers;
Third-party e-commerce, website hosting and payment gateway providers;
Statutory oversight bodies, regulators or judicial commissions of enquiry making a request for personal information;
Intended third-party purchasers of Elev8 Automotive, or part of its business, to whom it may transfer its rights under any agreement with data subjects;
Any court, administrative or judicial forum, arbitration, statutory commission, or ombudsman making a request for personal information or discovery in terms of applicable rules;
The South African Revenue Service, or another similar authority;
Anyone making a successful application for access in terms of PAIA or POPIA; and
Subject to POPIA and other relevant legislation, credit bureaux, credit providers, industry associations or similar bodies, where relevant to assessing customer creditworthiness.

13. Planned transborder flows of personal information

Elev8 Automotive may need to transfer a data subject's information to service providers located outside South Africa (for example, cloud hosting, e-commerce or payment processing providers), in which case it will comply fully with applicable data protection legislation. These countries may not have data protection laws similar to those of South Africa.

14. A general description of information security measures implemented by Elev8 Automotive

Elev8 Automotive employs appropriate information security measures to ensure the confidentiality, integrity and availability of personal information in its possession, including technical and organisational measures designed to keep personal information confidential and secure against unauthorised or unlawful processing and against accidental loss, destruction or damage.

15. Request procedure

Completion of the prescribed form

Any request for access to a record from a private body in terms of PAIA must comply with all procedural requirements relating to the request for access to a record.
A request for access to information which does not comply with the formalities prescribed by PAIA will not be considered valid until such formalities have been complied with.
The requester must complete the prescribed form and submit it, together with proof of payment of the prescribed fee and/or deposit (if applicable), to the Information Officer at the postal, physical or e-mail address set out in this PAIA Manual.
The prescribed form must be completed in sufficient detail to enable the Information Officer to identify:
- the records requested;
- the proof of identity of the requester (certified copy, not older than 3 months, required) and, where applicable, a power of attorney and/or resolution;
- the form of access required, if granted;
- the postal, physical and e-mail addresses of the requester; and
- the right that the requester is seeking to protect, and an explanation as to why the requested information is required for the exercise or protection of that right;
- if the requester wishes to be informed of the decision in any particular manner, the manner and necessary particulars to give effect to this.
Any right of access only applies to records in existence at the time of the request.
PAIA and the request procedure in this PAIA Manual may not be used to access a record for the purpose of criminal or civil proceedings that have already commenced, where access to such records may be requested in terms of other law.
POPIA provides that a data subject may object, at any time, to the processing of personal information by Elev8 Automotive, on reasonable grounds relating to his/her particular situation, unless legislation provides for such processing. The data subject must complete the prescribed form and submit it to the Information Officer at the addresses set out above.
A data subject may also request Elev8 Automotive:
- to correct or delete personal information in its possession or control that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or obtained unlawfully; or
- to destroy or delete a record of personal information that Elev8 Automotive is no longer authorised to retain in terms of POPIA's retention and restriction provisions.
A data subject wishing to request a correction, deletion or destruction of personal information must submit a request to the Information Officer at the addresses set out above.

16. Payment of the prescribed fees

Section 54 of PAIA entitles Elev8 Automotive to levy a charge or request a fee to recover the cost of processing a request and providing access to records.
There are two categories of fees payable:
- the request fee;
- the access fee, calculated with reference to reproduction costs, search and preparation costs, and postal costs.
If the search for and preparation of a record for disclosure requires more than the hours prescribed in the regulations, the Information Officer shall notify the requester to pay a deposit of the prescribed portion of the access fee that would be payable if the request is granted.
Where a decision to grant a request has been taken, the record will not be disclosed until the necessary fees have been paid in full.
A requester whose request has been granted must pay an access fee for reproduction, search and preparation, and for any time reasonably required in excess of the prescribed hours.
If a deposit has been paid in respect of a request that is subsequently refused, the Information Officer must repay the deposit to the requester.

17. Timelines for consideration of a request for access

Elev8 Automotive will, within 30 (thirty) days of receipt of a request (subject to all procedural requirements being met), decide whether to grant or deny access to the requested records, and communicate this decision to the requester in the manner nominated by the requester.
An extension of the time limit may be necessary in certain instances. Should an extension be required, the requester will be notified, together with reasons for the extension.
If a request for access affects a third party, that third party will be informed within 21 (twenty-one) days of receipt of the request, and will have a further 21 (twenty-one) days to make representations regarding the granting of access.

18. Manner and form of access

The requester shall be informed, in the manner nominated by the requester, whether access has been granted or not.
If access is denied, the requester is entitled to a refund of the fees paid.

19. Grounds for refusal of access and protection of information

A request for access to a record may be refused on various grounds, including but not limited to:

protecting the personal information of a third party (a natural person) from unreasonable disclosure;
protecting the commercial information of a third party (e.g. trade secrets, financial, commercial, scientific or technical information that may harm the third party's commercial or financial interests);
protecting information supplied by a third party in confidence, where disclosure would prejudice that party in contractual negotiations or relative to competitors;
where disclosure would breach a duty of confidence owed to a third party under an agreement;
where disclosure would jeopardise the safety of an individual or impair certain property rights of a third party;
where the record was produced during legal proceedings, unless privilege has been waived;
where the record contains trade secrets, financial or sensitive information, or information that would disadvantage Elev8 Automotive in negotiations or commercial competition;
where the record contains information about research being or about to be carried out on behalf of a third party or by Elev8 Automotive; and/or
where disclosure would likely prejudice or impair:
- the security of a building, structure or system, including a computer or communication system, means of transport, or other property; or
- methods, systems, plans or procedures for the protection of an individual, public safety, or the security of property.

20. Records cannot be located

If a requested record cannot be found or does not exist, the Information Officer shall, by way of affidavit or affirmation, notify the requester that access cannot be given, setting out in full the steps taken to locate the record or ascertain its existence, including relevant internal correspondence.
Such notice will be regarded as a decision to refuse the request for access, for the purposes of PAIA.
If the record is later located after such notice, the requester must be given access, subject to any applicable grounds of refusal.

21. Remedies available to a requester on refusal of access

There is no internal appeal procedure following a refusal. The Information Officer's decision is final. A requester dissatisfied with the outcome may apply to the Information Regulator and/or a court of competent jurisdiction.
Where a third party is affected by a decision to grant access, that third party has 30 (thirty) days to appeal the decision in a court of competent jurisdiction. If no appeal is lodged within 30 days, the requester must be granted access to the record.

22. Availability of this manual

Copies of this PAIA Manual are available on the Elev8 Automotive website and at Elev8 Automotive's premises situated at 210 Epsom Ave, Unit 17, Northlands Retail Park, Hoogland, Randburg, 2169, Gauteng, South Africa.

Appendix A - Request forms

Appendix B - Fees in respect of private bodies

Insert the current fee schedule as prescribed under PAIA regulations (available from the Information Regulator's website: https://inforegulator.org.za). Fees are periodically updated by the Regulator - confirm current amounts before publishing.