Signature Motors

Signature Motors sign logo

PAIA MANUAL

SIGNATURE MOTORS PAIA MANUAL

PREPARED IN TERMS OF SECTION 51 OF THE PROMOTION OF ACCESS TO INFORMATION ACT

1. Introduction

Signature Motors is a motor dealership trading in the motor vehicle industry. The dealership sells used commercial vehicles.

The Company has a Finance and Insurance platform to interact and transact directly with third parties. Signature Motors provides financial services under the licence of IDA Risk Management, an associated company, a duly authorised FSP in terms of licence number 28260.

This Promotion of Access to Information Manual (“Manual”) provides an outline of the type of records and the personal information it holds and explains how to submit requests for access to these records in terms of the Promotion of Access to Information Act 2 of 2000 (“PAIA”). In addition, it explains how to access, or object to, personal information held by the Company, or request correction of the personal information, in terms of sections 23 and 24 of the Protection of Personal Information Act 4 of 2013 (“POPIA”).

PAIA and POPIA give effect to everyone’s constitutional right of access to information held by private sector or public bodies, if the record or personal information is required for the exercise or protection of any rights. If a public body lodges a request, the public body must be acting in the public interest.

Signature Motors is fully committed to the implementation of a PAIA Policy, positively and proactively ensuring that information under its control is available and accessible in line with the constitutional right of access to information.

2. Availability of the Signature Motors PAIA Manual

As per section 51(3) of PAIA, this Manual is available for inspection by the general public upon request, during office hours and free of charge, at the offices of Signature Motors. Copies of the Manual may be made, subject to the prescribed fees.

This manual is published on the Company website at https://signature-motors.co.za or alternatively, a copy can be requested from the Information Officer (see contact details in section 3).

2.1 Availability of Guides to PAIA and POPIA

The Regulator has, in terms of section 10(1) of PAIA, updated and made available the revised guide on how to use PAIA (“Guide”), in an easily comprehensible form and manner, as may reasonably be required by a person wishing to exercise any right contemplated in PAIA and POPIA.

The Guide is available in each of the official languages and in braille. Members of the public can inspect or make copies of the Guide from the offices of public and private bodies, including the office of the Regulator, during normal working hours.

The Guide can also be obtained upon request from the Information Officer or from the Regulator’s website at www.justice.gov.za/inforeg.

The contact details of the Regulator are provided above.

3. Company Contact Details

Name: VALIDUS TRADING 100CC T/A SIGNATURE MOTORS
Registration Number: 2009/033947/23
Value Added Tax Number: 4840252193
Chief Executive Officer: WILFRED ALEXANDER
Information Officer: BAZIL ALEXANDER
Telephone: 011 918 0040
Email: sales@signature-motors.co.za
Street Address: 152 Northrand Road, Boksburg, Gauteng.
Postal Address: PO Box 4789, Atlasville, 1465

All access to information requests should be made to the Information Officer.

Website: https://signature-motors.co.za

Information Regulator Contact Details:
The Information Regulator
P.O. Box 31533, Braamfontein, Johannesburg, 2017
JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001
Telephone: +27 (0) 10 023 5200
Website: www.justice.gov.za/inforeg
Email: inforeg@justice.gov.za

3. Company Records

Automatic Disclosure: Sec 51(1)(c) of PAIA – Records Automatically Available to the Public

No notice has been published in terms of section 52 of PAIA. However, the following records are automatically available at the registered office of Signature Motors on payment of the prescribed fee for reproduction:

  • Documentation and information relating to Signature Motors held by the Companies and Intellectual Properties Commission in accordance with section 25 of the Companies Act 71 of 2008.
  • Services and Promotional Brochures.
  • News and other Marketing Information.

Legislative Requirements: Sec 51(1)(d) – Records Available in Accordance with Other Legislation

  • Basic Conditions of Employment Act 57 of 1997
  • Broad-based Black Economic Empowerment Act 53 of 2003
  • Close Corporations Act No 69 of 1984
  • Compensation for Occupational Injuries and Diseases Act 61 of 1997
  • Companies Act 71 of 2008
  • Competition Act 89 of 1998
  • Constitution of South Africa Act 108 of 1996
  • Copyright Act 98 of 1987
  • Consumer Protection Act 68 of 2008
  • Electronic Communications and Transactions Act 25 of 2002
  • Employment Equity Act 55 of 1998
  • Financial Advisory and Intermediary Services Act No 37 of 2002
  • Financial Intelligence Centre Act No 38 of 2001
  • Income Tax Act 58 of 1962
  • Insolvency Act 24 of 1936
  • Intellectual Property Laws Amendment Act 38 of 1997
  • Labour Relations Act 66 of 1995
  • Long Term Insurance Act 52 of 1998
  • National Credit Act No 34 of 2005
  • Occupational Health and Safety Act No 85 of 1993
  • Pension Funds Act No 24 of 1956
  • Promotion of Access to Information Act 2 of 2000
  • Protection of Personal Information Act 4 of 2013
  • Second-hand Goods Act No 6 of 2009
  • Short Term Insurance Act No 53 of 1998
  • Skills Development Levies Act 97 of 1998
  • Trademarks Act 194 of 1993
  • Unemployment Insurance Act 63 of 2001
  • Value Added Tax Act 89 of 1991

Records kept in terms of the above legislation may, in certain instances, be available for inspection without a request. Although Signature Motors has made every effort to supply a complete list of applicable legislation, it is possible that the list may be incomplete.

3.3 Records Held by Signature Motors: Sec 51(1)(e) – Signature Motors Record Subjects and Categories

NOTE: This section sets out the categories and descriptions of records held by Signature Motors. The inclusion of any category does not necessarily mean that records in that category will be made available under PAIA. Certain grounds of refusal may apply.

3.3.1 Corporate Affairs, Communications, and Marketing

  • Media Releases
  • Newsletters and Publications
  • Corporate Social Investment
  • Brochures, Newsletters, and Advertising Material
  • Client Information
  • Marketing Brochures
  • Marketing Strategies
  • Product and Services Brochures
  • Policies and Procedures

3.3.2 Corporate Governance

  • Applicable Statutory Documents
  • Annual Reports
  • Board of Directors and Board Committee Terms of Reference
  • Codes of Conduct
  • Executive Committee Meeting Minutes
  • Legal Compliance Records
  • Memoranda of Incorporation
  • Minutes of Board and Board Committee Meetings
  • Minutes of Shareholders’ Meetings
  • Corporate Policies and Procedures

3.3.3 Finance and Taxation

  • Policies and Procedures
  • Accounting Records
  • Annual Financial Statements
  • Audit Reports
  • Capital Expenditure Records
  • Investment Records
  • Invoices and Statements
  • Management Reports
  • Purchasing Records
  • Sale and Supply Records
  • Tax Records and Returns
  • Transactional Records
  • Management Accounts
  • Asset Register
  • Payroll Records
  • Banking Records
  • Bank Facilities and Account Details

3.3.4 Human Resources

  • Education and Training Records
  • Employee Benefit Records
  • Employment Contracts
  • Employment Equity Records
  • Employee Information
  • Employee Share Option Scheme
  • Policies and Procedures
  • Leave Records
  • Medical Records
  • Study Assistance Scheme/s
  • Tax Returns of Employees
  • UIF Returns
  • Incident Records
  • Employee Disability Insurance Records

3.3.5 Information Technology

  • Agreements
  • Disaster Recovery
  • Hardware and Software Packages
  • Policies and Procedures
  • Internal Systems Support and Programming
  • Licenses
  • Operating Systems

3.3.6 Facilities Management

  • Physical Security Records (Visitors, Suppliers, Contractors, Employees)
  • Electronic Access & Identity Management Records (Employees, Contractors)
  • Time and Attendance Records

3.3.7 Intellectual Property

  • Trademark Applications
  • Agreements Relating to Intellectual Property
  • Copyrights

3.3.8 Legal

  • General Contract Documentation
  • Company Guidelines, Policies and Procedures
  • Documents Pertaining to Litigation, Arbitration, or Investigation
  • Material Licenses, Permits, and Authorizations
  • Employee, Customer, and Supplier Information
  • Immovable Property Records
  • Statutory Records
  • Insurance Records

3.3.9 Clients and Financial Institutions

  • Client Documentation
  • Correspondence with Clients
  • Correspondence with Third Parties
  • All Information Held on Behalf of Clients
  • Details of Financial Services Providers
  • Credit Provider Details
  • Declaration Regarding Insolvency
  • Debt Review and Sequestration

3.3.10 Procurement Management

  • Service Provider and Supplier Records

4. Processing of Personal Information

Signature Motors takes the privacy and protection of personal information very seriously and processes such information in accordance with current South African privacy principles. These principles apply to the collection, handling, transfer, sharing, correction, storage, archiving, and deletion of personal information.

4.1 Purpose of Processing

Signature Motors processes personal information for a variety of purposes, including but not limited to:

  • Fulfilling statutory obligations under applicable legislation
  • Verifying information provided to Signature Motors
  • Obtaining information necessary to provide contractually agreed services to customers
  • Managing contractual obligations to customers, clients, suppliers, service providers, employees, directors, and other third parties
  • Travel purposes
  • Recruitment purposes
  • Employment purposes
  • Marketing and advertising
  • Health and safety purposes
  • Resolving and tracking complaints
  • Securing the assets, employees, and visitors on Signature Motors’ premises
  • Improving the quality of products and services
  • Detecting and preventing fraud and money laundering
  • Historical record keeping, research, and statistical recording necessary for business objectives

4.2 Categories of Data Subjects and Nature of Information

4.2.1 Data Subjects

  • Customers and employees, including representatives, agents, contractors, and service providers
  • Suppliers, service providers, and vendors, including their employees and agents
  • Directors and officers of Signature Motors
  • Shareholders
  • Existing and former employees (including contractors, agents, temporary, and casual employees)
  • Visitors to any Signature Motors premises
  • Individuals making complaints, correspondences, or enquiries
  • Individuals involved in monitoring, securing, and managing premises and facilities

4.2.2 Nature of Personal Information

  • Name, identifying number, symbol, email address, physical address, telephone number, location information, online identifier, or other personal assignments
  • Biometric information
  • Details relating to education, medical, financial, criminal, or employment history
  • Information on rate, gender, marital status, national origin, age, disability, language, and birth
  • Personal opinions, views, or preferences
  • Confidential correspondence
  • Opinions of others regarding the data subject

4.3 Recipients of Personal Information

  • Regulatory, statutory, and government bodies
  • Suppliers, service providers, vendors, agents, and representatives of Signature Motors
  • Employees of Signature Motors
  • Shareholders and other stakeholders
  • Third party verification agencies and credit bureaus
  • Banks and other financial institutions

Signature Motors does not share personal information with third parties except where:

  • Disclosure is required by law or regulation
  • Required for current or future legal proceedings
  • In connection with the sale of a business, under contractual customer agreements
  • In the prevention of fraud, loss, bribery, or corruption
  • Services are performed on behalf of Signature Motors
  • Necessary to manage or provide information, products, or services
  • Required to improve the quality of products and services

Signature Motors may also notify data subjects as required by law or contractual obligations and will only disclose information to government authorities when required.

Employees, contractors, and suppliers must adhere to data privacy and confidentiality principles.

5. Information Security Measures to Protect Personal Information

Signature Motors continuously implements and maintains appropriate technical and organisational measures to ensure that personal information is secure and protected against unauthorised processing, accidental loss, destruction, damage, alteration, or access.

6. Trans-border Flows of Personal Information

Personal information may be transferred across borders due to hosting projects or applications in foreign jurisdictions. Information on employees and consultants may also be transferred where Signature Motors has a physical presence or is providing services under contractual obligations.

Any cross-border transfer will be in accordance with South African legislation or will be done with the consent of the data subject, ensuring adequate safeguards are in place.

7. Personal Information Received from Third Parties

For personal information received from a third party on behalf of a data subject, Signature Motors requires written consent from the data subject and confirmation that the third party is aware of the contents of this PAIA Manual and the Signature Motors Privacy Policy.

8. Policy with Regard to Confidentiality and Access to Information

Signature Motors will protect the confidentiality of information provided by third parties, subject to any legal or court-ordered disclosure requirements.

If a record containing third-party information is requested, Signature Motors will attempt to contact the third party to seek consent or reasons for refusal before granting access.

9. Access Procedure and Requests

This section provides guidelines for submitting a request for access to a record held by Signature Motors. Please note that submission of a prescribed access request form does not automatically grant access, and the application must comply with all procedural requirements.

If it is suspected that a requester has obtained records through false or misleading information, legal proceedings may be initiated.

9.1 Guidance on Completion of Prescribed Access Form

  • Complete the prescribed form provided in the PAIA Manual.
  • Address your request to the Deputy Information Officer via conventional mail or e-mail.
  • Include sufficient details to identify:
    • The record(s) requested
    • The requester (and, if applicable, proof of capacity for an agent)
    • The South African postal or email address of the requester
    • The form of access required
    • Preferred method and particulars for receiving the decision

9.2 Prescribed Fees

Payment details can be obtained from the Deputy Information Officer. Payments are made by direct deposit or electronic fund transfer (credit card payments are not accepted), and proof of payment must be provided. The following fees apply:

  • Request Fee: A non-refundable fee of R 50 (incl. VAT) is payable upon submission. This fee does not apply to personal requests for access to one’s own information.
  • Reproduction Fee: Applicable to records that are automatically available.
  • Access Fee: May be charged to reimburse the costs involved in searching, reproducing, and preparing the record as per Part III of Annexure A of the Regulations to the Act.
  • Deposit: A deposit of one-third (1/3) of the applicable access fee is required for requests concerning records held on behalf of another person, if preparation exceeds six (6) hours. This deposit is refunded if access is ultimately refused.

9.3 Notification

Signature Motors will decide whether to grant or decline a request within thirty (30) days of receipt, with written notice provided. This period may be extended by a further thirty (30) days if necessary.

If access is granted, the requester will be notified of:

  • The amount of the access fee
  • The form in which access will be provided
  • The process and timeline for lodging an application with a court regarding the access fee, if applicable

If access is refused, the requester will be informed of the reasons and advised of the procedure for contesting the decision.

10. Records that Cannot be Found or Do Not Exist

If no record is found after all reasonable steps have been taken, the Information Officer will notify the requester by affidavit or affirmation detailing the steps taken. Should a record be located later, access will be provided unless otherwise refused under PAIA.

11. Grounds for Refusal of Access to Records and Remedies

  • Protection of the privacy of a third party, including deceased persons, where disclosure would unreasonably reveal personal information.
  • Protection of commercial information if the record contains:
    • Trade secrets
    • Financial, commercial, scientific, or technical information whose disclosure may harm interests
    • Confidential information provided by a third party that could disadvantage them or affect competition
  • Protection of confidential information that, if disclosed, would breach a duty of confidence under an agreement
  • Protection of the safety of individuals and property
  • Protection of records privileged from production in legal proceedings, unless the privilege is waived
  • Protection of research information of a third party and Signature Motors

12. Remedies

Signature Motors does not have internal appeal procedures regarding PAIA and POPIA requests. The decision made by the authorised persons in this Manual is final. If a request is denied, the requester may apply to a court with appropriate jurisdiction or to the Information Regulator for relief.

13. Updating of the Manual

The head of the organisation will update this Manual on a regular basis.

Issued by:
Information Officer

whatsapp icon
Apply For Finance