PAIA MANUAL

VOLVO FINANCIAL SERVICES SOUTHERN AFRICA (PTY) LTD

(“VFS”)

 (Registration Number: 2016/268503/07)

Published for VFS as a Private Body in terms of section 51 of the Promotion of Access to Information Act 2 of 2000.

1       INTRODUCTION

Volvo Financial Services Southern Africa (Pty) Ltd is a company registered in terms of the Company Laws of South Africa, and provides various vehicle and equipment financing and associated products and services to its customers (“VFS”).

This manual is published in terms of section 51 of the Promotion of Access to Information Act 2 of 2000 (the “PAIA Act”) [the “Manual”] and provides an outline of the type of records and personal information which VFS holds and processes. The Manual also explains how to submit requests for access to these records in terms of the PAIA Act. In addition to explaining how to access, or object to, personal information held by VFS, or request correction of the personal information, in terms of sections’ 23 and 24 of the Protection of Personal Information Act 4 of 2013 (the “POPI Act”), the Manual also explains how to submit requests for access to these records in terms of the PAIA Act.

The objective of the PAIA Act is to give effect to the constitutional right to access to information, which information is held by a public or private body and which information is required for the exercise or protection of any rights. The PAIA Act recognises the right entrenched in section 32 of the Constitution of the Republic of South Africa, 1996 and aims to foster a culture of transparency and accountability in public and private bodies by giving effect to the right of access to information.

Accordingly, this PAIA Manual aims to establish and foster a culture of compliance with prevailing data protection legislation, which in turn gives rise to an environment within which the rights to access to information are actively protected and promoted.

Section 9 of the PAIA Act dictates that the right to access to information is not an unlimited right and is subject to certain limitations, which include limitations which balance the rights which data subjects have to access information against other rights which data subjects and interested parties have, whether it be in terms of the Constitution of the Republic of South Africa, 1996 or otherwise. Some of these rights which the right to access to information are weighed up against are aimed at protecting the fundamental right to privacy and maintaining the confidentiality (whether it be commercial or individual confidentiality) of interested parties so as to maintain acceptable levels of governance.

1.1      Availability and Purpose of this PAIA Manual

This PAIA Manual is published on VFS’s website at www.vfsco.co.za or www.vfsco.com/za  or alternatively, a copy can be requested from the Information Officer or Deputy Information Officer, which copy may also be inspected at VFS’s physical address set forth in paragraph 2 below.

The primary purpose of this PAIA Manual is to facilitate requests for access to information held by VFS, which requests shall be made in accordance with the prescribed procedures and at the rates provided for in section 5 of this PAIA Manual. In addition to the above, the further purposes of this PAIA Manual, are to describe the records held by VFS and to clearly articulate the grounds upon which access to any such records may be refused.

1.2      Availability of guides to the PAIA and POPI Acts

Guides to the PAIA and POPI Acts can be obtained and queries directed to:

2       VFS CONTACT DETAILS

Contact details in terms of section 51 of PAIA:

General Information:

Applicable Legislation:

The following legislation, amongst others which may become applicable from time to time including any subsequent amendment thereto, is applicable to and observed by VFS pursuant to undertaking its day-to-day operations:

3       COMPANY RECORDS

3.1      Availability of VFS’s Records

The provisions of the PAIA Act, specifically the provisions of section 50 of the Act, dictate that a requester for access to information must be afforded access to any record of VFS if the following requirements are met:  

• where a particular record is required for the exercise or protection of any rights (Section 50(1)(a) of PAIA);  
• where a requester complies with the procedural requirements set forth in the PAIA Act relating to a request for access to particular records (Section 50(1)(b) of PAIA); and
•  where access to that particular record is not refused in terms of any of the grounds for refusal to access contemplated in terms of Chapter 4 of the PAIA Act (Section 50(1)(c) of PAIA).

The below table sets forth the categories and subcategories of records which VFS processes. Each category and subcategory of records set out below may be subject to any one (or a number) of the grounds upon which VFS may refuse access to records. These grounds for refusal are set out in Chapter 4 of the PAIA Act, as well as described in the table at 3.2 below.

3.2      Access to Health or Other Records

If a request for access to health or other records provided by a health practitioner, in their capacity as such, relates to the physical, mental health, or well-being of the requester, or if the request has been made on behalf of the person to whom the record relates (“the relevant person”), and VFS’ Information Officer is of the opinion that the disclosure of the record to the relevant person might cause harm to his or her physical, mental health or well-being, VFS’ Information Officer may, before giving access to such record consult with a health practitioner who has been nominated by the relevant person.

If the relevant person is below the age of 16 years, a person having parental responsibilities for the relevant person must make the above nomination and if the relevant person is incapable of managing his or her affairs, a person appointed by the court to manage those affairs must make that nomination.

If, after being given access to the relevant record, the health practitioner consulted is of the opinion that the disclosure of the record to the relevant person, would be likely to cause serious harm to his or her physical, mental health or well-being, the Information Officer may only grant access to the relevant record if the requester proves that adequate provision is made for such counselling or arrangements as are reasonably practicable before, during or after the disclosure of the record to limit, alleviate or avoid such harm to the relevant person. Before access to the record is given to a requester, the person responsible for such counselling or arrangement must be given access to the record.

3.3      Grounds for Refusal of Access to VFS’s Record

Upon receipt of a request for access to information, VFS will be required to consider such a request in light of the provisions of section 50 of the PAIA Act.   Subject to such consideration, VFS will be required to either grant such a request or refuse such a request. If VFS elects to refuse access to a particular record, such refusal will be subject to VFS’s interpretation of the various prescribed grounds for refusal as set forth in Chapter 4 of the PAIA Act and in the table below:  

4       PROCESSING OF PERSONAL INFORMATION
 

Pursuant to promoting responsible information processing practices within its organisation, as well as in its capacity as responsible party contemplated in terms of the provisions of the POPI Act, VFS takes any activities relating to the protection and processing of personal information (as defined in terms of the provisions of section 1 of the POPI Act) very seriously. To promote the constitutional right to privacy, as well as to play its part in promoting the rights protected in terms of the POPI Act, VFS undertakes to, in so far as is required of it, observe the requirements and conditions for the lawful processing of personal information. 
 

4.1      The purposes for which VFS processes personal information

VFS may process personal information for a variety of purposes, which may include, but is not limited to, the following purposes:

• To provide or manage any information, products and/or services requested by or delivered to data subjects in general;
• To establish a data subject’s needs, wants and preferences in relation to the products and/or services provided by VFS or any other company forming part of the Volvo Group of Companies from time to time (“Volvo Group Company”);
• To help VFS identify data subjects when they engage with VFS;
• To facilitate the delivery of products and/or services to customers;
• To allocate to customers and data subjects unique identifiers for the purpose of securely storing, retaining and recalling their personal information from time to time;
• To maintain records of data subjects and specifically customer records;
• To maintain third-party records;
• For recruitment purposes;
• For employment purposes;
• For apprenticeship purposes;
• For general administration purposes;
• For legal and/or contractual purposes;
• For health and safety purposes;
• To monitor access, secure and manage any facilities owned or operated by VFS regardless of location;
• To transact with third parties;
• To improve the quality of VFS’s products and services;
• To analyse the personal information collected for research and statistical purposes;
• To help recover bad debts, including vehicle disposition in case of repossession;
• To carry out analysis and customer profiling;
• To process and ultimately provide customers with telematics data;
• To identify other products and services which might be of interest to our customers and data subjects in general, as well as to inform them of such products and/or services;
• To give effect to product and services research and development;
• To comply with any applicable laws applicable to VFS and in some instances other Volvo Group Companies.

4.2      The processing of personal information and categories of recipients with whom personal information is shared

Subject to any relevant terms and conditions of use which may be applicable when a data subject engages with VFS, we may share the personal information of any data subject we process for any of the purposes outlined in section 4.1 above, with the following third parties, whether such third parties qualify as “responsible parties”  in terms of section 1 of the POPI Act or not:  

• any Volvo Group Company;
• any relevant service providers and suppliers;
• any relevant regulatory authorities who may govern VFS in undertaking its operations;
• any service provider, contractor or supplier with whom VFS has an agreement;
• any business partners who provide products and services to VFS; and
• any service providers or authorised agents who perform services on VFS’s behalf.

VFS processes personal information in order to facilitate and enhance the delivery of products and services to its members, foster a legally compliant workplace environment, as well as safeguard the personal information relating to any data subjects which it in facts holds. We undertake to process any personal information in a manner which promotes the constitutional right to privacy, retains accountability and data subject participation. In any circumstances where we process the personal information of data subjects, VFS maintains appropriate privacy notices where the purposes of the processing of any personal information and the processing takes place, is recorded and communicated to data subjects.

4.3      Information security measures to protect personal information

We have, and continue to, implement reasonable, technical and organisational measures for the protection of personal information processed by VFS. We consistently take reasonable and appropriate security measures to secure the integrity and confidentiality of personal information in our possession in order to guard against:

• the loss of, damage to or unauthorised destruction of personal information;
• the unlawful access or processing of personal information; or
• the wilful manipulation of personal information.

We will take steps to ensure that any third-party process operators (as defined in terms of section 1 of the POPI Act) who process personal information on behalf of VFS apply adequate safeguards as outlined above.

4.4      Trans-border flows of personal information

VFS may, under certain circumstances, transfer personal information to a jurisdiction outside of the Republic of South Africa in order to achieve the purpose(s) for which the personal information was collected and processed, including for processing and storage by third-party service providers.

When transferring or sharing personal information to a third country, VFS will use reasonable endeavours to satisfy itself that the relevant recipient has adequate protections in place, to the extent required by applicable law.  If applicable, this may include putting in place appropriate data transfer agreements and/or data processing agreements in a format that meets applicable legal requirements for the protection of Personal Information.  

4.5      Personal information received from third parties

When VFS receives personal information from any third-party on behalf of a data subject, the data subject providing VFS with such personal information may also be required to confirm that they are a competent person and that they have authority to give the requisite consent to enable VFS to process such personal information.
 

5       PRESCRIBED REQUEST FORMS AND FEES

5.1      How to gain access to records held by VFS

Records which are held by VFS may be accessed by requests for such access to information and documentation in the prescribed manner and subject to certain requirements being met. In this regard a requester is any person making a request for access to a record held by VFS, and there are two types of requesters:

·         A Personal Requester

A personal requester is a requester who is seeking access to a record containing personal information about the requester and VFS will voluntarily provide the requested information, or give access to any record with regard to the requester’s personal information. In this regard, the prescribed fees for the reproduction of this information requested may be charged.

·         Other Requester

This requester (other than a personal requester) is entitled to request access to information on third parties. VFS is, however, not obliged to voluntarily grant access and the requester must fulfil the procedural requirements for access in terms of the PAIA Act, including the payment of a request and access fee.

Requests for access to records must be made by completing the prescribed Form A and paying the requester’s fee. Where such access is granted in terms of this PAIA Manual, the information and documentation will be made available at the offices of VFS (the particulars of which appear in section 2 above) or in the manner requested, should this be reasonable and possible. The manner of access will include:

·         Perusal with copying of material if needed and at the prescribed fee for copies;

·         Access to visual, audio visual material with a transcription, dubbing, copying or both, if required.

To facilitate the processing of any request by a requester for information or documentation in terms of this PAIA Manual, requesters are required to follow the procedure set forth herein below:

i.               Use the prescribed Form A attached hereto as Annexure A, alternatively found on VFS’ website with the link directing to this Manual – www.vfsco.co.za or www.vfsco.com/za .

ii.             Address your request to the Information or Deputy Information Officer.

iii.           Provide sufficient detail to enable VFS or any authorised person dealing with a request to identify:

a)  The record(s) requested;

b)  The requestor (and, if an agent is lodging the request or behalf of someone, proof of capacity and authorisation);

c)  The South African postal address, email address or fax number of the requestor;  

d)  The form of access required;  

e)  If the requester wishes to be informed of the decision in any manner (in addition to being informed in writing) the manner and particulars thereof;

f)   The right which the requestor is seeking to exercise or protect with an explanation of the reason the record is required in order to exercise or protect the right.
 

5.2      Prescribed fees

The following applies to requests (other than personal requests):

i.            A requestor is required to pay the prescribed fees (R50.00) before a request will be processed.

ii.          If the preparation of the record requested requires more than the prescribed hours, a deposit shall be paid (of not more than one third of the access fee which would be payable if the request were granted).

iii.        A requestor may lodge an application with a court against the tender/payment of the request fee and/or deposit.

iv.        Records may be withheld until the fees have been paid.

The detailed Fee Structure as prescribed in terms of section 54 of the PAIA Act is attached hereto as Annexure B and is also available on VFS’ website with the link directing to this Manual www.vfsco.co.za or www.vfsco.com/za .  

5.3      Access to prescribed forms and fees

Prescribed forms and fees are published on VFS’ website or, alternatively, copies can be requested from the Information Officer or Deputy Information Officer (see contact details in section 2).

6       REMEDIES & DECISION  

6.1      Internal Remedies

VFS does not have an internal appeal procedure regarding PAIA and POPI Act requests for access to information. As such, the decision made by the Information Officer is final.

If a request is denied and the requester is dissatisfied with the Information Officer’s decision, the requestor will be required to exercise such external remedies at their disposal if a request for information is refused.

6.2      External Remedies

A requestor who is dissatisfied with the Information Officer’s refusal to disclose information, may within 30 (thirty) days of notification of the decision apply to a competent Court, with jurisdiction over these applications in terms of the PAIA Act, for appropriate relief.

6.3      Time Afforded to VFS

6.3.1   VFS is required to, within 30 (thirty) days of receipt of a request, decide whether to grant or decline the request and, if required, provide the requester with reasons to that effect.

6.3.2   The 30 (thirty) day period stipulated in paragraph 6.3.1 above, may be extended for a further period of not more than 30 (thirty) days if the request is for a large amount of information, or the request requires an extensive search for information which cannot reasonably be obtained within the originally stipulated 30 (thirty) day period.

6.3.3   In circumstances contemplated in paragraph 6.3.2, VFS will notify the requester in writing should an extension be sought.

COMPILED BY VOLVO FINANCIAL SERVICES SOUTHERN AFRICA (PTY) LTD

Effective: June 30, 2021      

ANNEXURE A

REQUEST FOR ACCESS TO RECORD OF PRIVATE BODY

[Section 53(1) of the Promotion of Access to Information Act, 2000

(Act No. 2 of 2000)]

[Regulation 10]

A.  Particulars of private body

Request to be addressed to:

The Information Officer / Deputy Information Officer:

B.  Particulars of person requesting access to the record

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 only be completed if a request for information is being made on behalf of another person.

Full names and surname: _____________________________________________________

Identity number: ____________________________________________________________

D.   Particulars of record

The requestor must provide full particulars of the record to which access is requested, including any reference number if that is known to the requestor, to enable the record to be located. You are welcome to attach an annexure (which must be signed) to this request form should the space provided herein be insufficient.

Description of record or relevant part of the record:  ________________________________

Reference number, if available:  _______________________________________________

Any further particulars of record:  ______________________________________________

E.  Fees

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. VFS will, upon receipt of your request, notify you of the amount required to be paid as the request fee. 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. If you qualify for exemption of the payment of any fee, please state the reason for exemption.

F.  Form of access to record

If you requested a copy or transcription of a record (above), do you wish    YES      NO  the copy or transcription to be posted to you?   Postage is payable.

G.        Particulars of right to be exercised or protected

Indicate which right is to be exercised or protected:  ________________________________

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 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

                                                                                ON WHOSE BEHALF REQUEST IS MADE

 ANNEXURE B

PRESCRIBED FEE TARIFF

GENERAL

The following applies to requests (other than personal requests):

1.    A requester is required to pay the prescribed fees (R50.00) before a request will be processed;

2.    If the preparation of the record requested requires more than the prescribed hours determined by VFS’s Information Officer, a deposit shall be paid (of not more than one third of the access fee which would be payable if the request were granted);

3.    A requester may lodge an application with a court against the tender/payment of the request fee and/or deposit;

4.    Records may be withheld until the fees have been paid. Payments should be made to the business account of VFS, the particulars of which account details will be made available to a requestor upon lodging a request for access to information.   

FEES IN RESPECT OF PRIVATE BODIES

1.            The fee for a copy of the Manual as contemplated in regulation 9(2)(c) is R1,10 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:

3.            The request fee payable by a requester, other than a personal requester, referred to in regulation 11(2) is R50,00.

4.            The access fees payable by a requester referred to in regulation 11(3) are as follows:

5.            To search for and prepare the record for disclosure, R30,00 for each hour or part of an hour reasonably required for such search and preparation.

6.            For purposes of section 54(2) of the Act, the following applies:

7.            Postage fees are payable when a copy of a record must be posted to a requester.