STELLANTIS SOUTH AFRICA PROPRIETARY LIMITED
Registration Number: 1997/014154/07
PAIA MANUAL
In terms of Section 51 of the
Promotion of Access to Information Act No. 2 of 2000
This manual applies to Stellantis South Africa and encompasses all brands operating under its authority.
(Collectively referred to in this manual as “Stellantis South Africa”)
Table of Contents
1. Introduction
2. Company Contact Details (SECTION 51(1)(a))
3. The Act
4. Protection of Personal Information That Is Processed by Stellantis South Africa
5. Purpose of the Processing of Personal Information by Stellantis South Africa
6. Categories of Data Subjects and Personal Information/Special Personal Information Relating Thereto:
7. Applicable Legislation (SECTION 51(1)(c))
8. Stellantis South Africa Records (SECTION 51(1)(d))
9. The Request Procedures
10. Fee Structure
11. Notification
12. Grounds for Refusal of Access to Records
13. Appeal
1. Introduction
Stellantis South Africa Proprietary Limited (“Stellantis South Africa”) is a company incorporated in terms of the Companies Act No. 71 of 2008, as amended, with registration number 1997/014154/07. We are a constellation of automotive brands which include Abarth, Alfa Romeo, Chrysler, Citroën, Fiat, Jeep, Opel, Peugeot and LeapMotor
2. Company Contact Details (SECTION 51(1)(a))
| Contact Details: Physical Address: Postal Address: Tel: Email: | Craig Holz (Head of ICT & Information Officer) 162 Tonetti Street, Halfway House, Building #2, Hornbill Lane, Midpoint Midrand 1685 P.O. Box 389 Kelvin 2054 011 879 7400 craig.holz1@stellantis.com |
3. The Act
The Promotion of Access to Information Act No. 2 of 2000 (“PAIA”) was enacted in accordance with Section 32 of the Constitution of the Republic of South Africa 1996, which provides that legislation must be enacted to give effect to the right of access to information held by the private sector or public bodies, if the record or Personal Information is required for the exercise or protection of any rights unless the Act expressly states that the records containing such information may or must not be released. The purpose of which is to promote transparency, accountability and effective governance of all public and private bodies.
This Promotion of Access to Information Manual (“PAIA Manual”) provides an outline of the type of records and the Personal Information Stellantis South Africa holds and explains how to submit requests for access to these records in terms of PAIA. In addition, it explains how to access and/or object to Personal Information held by Stellantis South Africa, and/or request the correction and/or deletion of the Personal Information in terms of Sections 23 and 24 of the Protection of Personal Information Act No. 4 of 2013 (“POPIA”).
This PAIA Manual is published on Stellantis South Africa’s Brands websites as follows:
| STELLANTIS SOUTH AFRICA BRANDS | WEBSITES |
|---|---|
| Abarth | https://www.abarthcars.co.za/ |
| Alfa Romeo | https://www.alfaromeo.co.za/ |
| Citroën | https://www.citroen.co.za/ |
| Fiat | https://www.fiat.co.za/ |
| Jeep | https://www.jeep.com/za |
| Leapmotor | https://www.leapmotor.net/za |
| Opel | https://www.opel.co.za/ |
| Peugeot | https://www.peugeot.co.za/ |
alternatively, a copy can be requested from the Information Officer (see contact details above).
3.1 Guide on How to Use PAIA
Any person wishing to exercise a right contemplated in PAIA, can obtain a guide in any South African official language from the South African Human Rights Commission (“SAHRC”). The contact details of the SAHRC are as follows:
| Physical Address: Postal Address: Tel: Fax Email: Website: | Forum 3, Braampark Office Park, 33 Hoofd Street, Braamfontein, Johannesburg. PAIA Unit, Research and Documentation Department Private Bag 2700 Houghton Johannesburg 2041 011 877 3600 011 403 0668 PAIA@sahrc.org.za www.sahrc.org.za |
3.2 Guide on How to Use POPIA
Any person wishing to exercise a right contemplated in the POPIA or direct any queries may approach the Information Regulator South Africa. The contact details of the Information Regulator are as follows:
| Physical Address: Postal Address: Complaints Email: General Enquiries Email: Website: | JD House 27 Stiemens Street Braamfontein Johannesburg 2001 P.O. Box 31533 Braamfontein Johannesburg 2017 complaints.IR@justice.gov.za inforeg@justice.gov.za www.justice.gov.za/inforeg/index.html |
4. Protection of Personal Information That Is Processed by Stellantis South Africa
Chapter 3 of POPIA provides for the minimum Conditions for lawful processing of Personal Information by Stellantis South Africa. These Conditions may not be derogated from unless specific exclusions apply as outlined in POPIA.
Stellantis South Africa requires Personal Information relating to both individual and juristic persons in order to carry out its business and organisational functions. The manner in which this information is processed and the purpose for which it is processed is determined by Stellantis South Africa. Stellantis South Africa is accordingly the Responsible Party for the purpose of POPIA and shall ensure that the Personal Information of a Data Subject:
5. Purpose of the Processing of Personal Information by Stellantis South Africa
As outlined above, Personal Information may only be processed for a specific purpose. The purposes for which Stellantis South Africa processes or will process Personal Information are as follows:
| PURPOSE OF THE PROCESSING OF PERSONAL INFORMATION | TYPE OF PROCESSING |
|---|---|
| To provide services to the Customer in accordance with terms agreed to by the Customer. To undertake activities related to the provision of services and transactions, including: to fulfil foreign and domestic legal, regulatory and compliance requirements and comply with any applicable treaty or agreement with or between foreign and domestic governments applicable to Stellantis South Africa; to verify the identity of Customer representatives who contact Stellantis South Africa or may be contacted by Stellantis South Africa; for risk assessment, information security management, statistical, trend analysis and planning purposes; to monitor and record calls and electronic communications with the Customer for quality, training, investigation and fraud prevention purposes; for crime detection, prevention, investigation and prosecution; to enforce or defend Stellantis South Africa’s rights; and to manage Stellantis South Africa’s relationship with the Customer. The purposes related to any authorised disclosure made in terms of agreement, law or regulation; Any additional purposes expressly authorised by the Customer; and Any additional purposes as may be notified to the Customer or Data Subjects in any notice provided by Stellantis South Africa. | Collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction. |
6. Categories of Data Subjects and Personal Information/Special Personal Information Relating Thereto:
As per Section 1 of POPIA, a Data Subject may either be a natural or a juristic person. The table below sets out the various categories of Data Subjects that Stellantis South Africa processes Personal Information on and the types of Personal Information relating thereto.
| Categories and Data Subjects of and Categories of Personal Information relating thereto | Data Subject | Personal Information Processed |
|---|---|---|
| Customer: Corporate: Customer Profile information including, account, details, payment information, corporate structure, customer risk rating and other customer information including to the extent the categories of information relate to individuals or representative of customers (e.g., shareholders, directors, etc.) required for the abovementioned purposes. Individual: Name; Contact Details (Company Email Address, Company Telephone Number), Client Details (Home Facsimile Number, Home Postal Address, Home Telephone Number, Personal Cellular, Mobile or Wireless Number, Personal Email Address) ;Regulatory Identifiers (e.g., Tax Identification Number); Account Information (Bank Account Currency Code, Bank Account ID, Bank Account Name, Bank Account Number, Bank Account Type, Bank Account Balance); Transaction Details and Branch Details; “know-your customer” data, Photographs; Other Identification and Verification Data as contained in Images of ID Card, Passport and other ID Documents; Images of Customer Signatures) | Natural Persons Juristic Persons | Personal Data relating to a Data Subject received by or on behalf of the Company from the Customer, Customer affiliates and their respective representatives and related parties in the course of providing accounts and services to the Customer or in connection with a transaction or services. Customer Personal Data may include names, contact details, identification and verification information, nationality and residency information, taxpayer identification numbers, voiceprints, bank account and transactional information (where legally permissible), to the extent that these amount to personal data under POPIA. |
| Payment beneficiaries: Bank Account Number, Currency Code, Bank Account Id, Bank Account Type; beneficiary address, transaction details; payment narrative. | ||
| Employees: Name; Employee ID number, Business Contact Details (Address / Telephone Number / Email Address) |
Cross-border flows of Personal Information:
Section 72 of POPIA provides that Personal Information may only be transferred out of the Republic of South Africa if the:
When making authorised disclosures or transfers of Personal Information in terms of section 72 of POPIA, Personal Data may be disclosed to recipients located in countries which do not offer a level of protection for those data as high as the level of protection as South Africa.
7. Applicable Legislation (SECTION 51(1)(c))
| REFERENCE | ACT |
|---|---|
| Companies Act | No. 71 of 2008 |
| Employment Equity Act | No. 55 of 1998 |
| Labour Relations Act | No. 66 of 1995 |
| Basic Conditions of Employment Act | No. 75 of 1997 |
| Unemployment Insurance Act | No. 63 of 2001 |
| Unemployment Insurance Contributions Act | No. 4 of 2002 |
| Pension Funds Act | No. 24 of 1956 |
| Compensation for Occupational Injuries and Health Diseases Act | No. 130 of 1993 |
| Occupational Health and Safety Act | No. 85 of 1993 |
| Skills Development Act | No. 97 of 1998 |
| Skills Development Levies Act | No. 9 of 1999 |
| Financial Advisory and Intermediary Services Act | No. 37 of 2002 |
| Consumer Protection Act | No. 68 of 2008 |
| National Credit Act | No. 34 of 2005 |
| Income Tax Act | No. 80 of 1961 |
| Value Added Tax Act | No. 89 of 1991 |
| Copyright Act | No. 98 of 1978 |
| Trade Marks Act | No. 194 of 1993 |
| Secondhand Goods Act | No. 6 of 2009 |
| Electronic Communications and Transactions Act | No. 25 of 2002 |
| Insolvency Act | No. 24 of 1936 |
| Short-Term Insurance Act | No. 53 of 1998 |
| Promotion of Access to Information Act | No. 2 of 2000 |
| Protection of Personal Information Act | No. 4 of 2013 |
| Broad-Based Black Economic Empowerment Act | No. 53 of 2003 |
| Civil Proceedings Evidence Act | No. 25 of 1965 |
| Competitions Act | No. 89 of 1998 |
| Constitution of the Republic of South Africa Act | No. 108 of 1996 |
| Customs and Excise Act | No. 91 of 1964 |
| Finance Act | No. 2 of 2007 |
| Regulation of Interception of Communication and Communication Related Act | No. 70 of 2002 |
8. Stellantis South Africa Records (SECTION 51(1)(d))
8.1 Company Record Classification Key
| CLASSIFICATION NUMBER | CLASSIFICATION | ACCESS |
|---|---|---|
| 1 | Public Access Documents | May Be Disclosed |
| 2 | Request After Commencement of Criminal or Civil Proceedings (Section 7) | May Not Be Disclosed |
| 3 | Subject to Copyright | May Be Disclosed |
| 4 | Health information that belongs to the requestor of that information (Section 61) | Limited Disclosure |
| 5 | Unreasonable disclosure of personal information of natural person (Section 63(1)) | May Not Be Disclosed |
| 6 | Likely to harm commercial or financial interests of third party (Section 64(a)-(b)) | May Not Be Disclosed |
| 7 | Likely to harm Stellantis South Africa or third party in contract or other negotiations (Section 64(c)) | May Not Be Disclosed |
| 8 | Would breach a duty in confidence owed to a third party (Section 65) | May Not Be Disclosed |
| 9 | Likely to compromise the safety of individuals or protection of property (Section 66) | May Not Be Disclosed |
| 10 | Legally Privileged Document (Section 67) | May Not Be Disclosed |
| 11 | Environmental testing/investigation which reveals public safety/environmental risks (Sections 64(2); 68(2)) | May Not Be Refused |
| 12 | Commercial Information of Private Body (Section 68) | May Not Be Disclosed |
| 13 | Likely to prejudice research and development information of Stellantis South Africa or a third party (Section 69) | May Not Be Disclosed |
| 14 | Disclosure in Public Interest (Section 70) | May Not Be Refused |
8.2 Stellantis South Africa Records Availability
| DEPARTMENT | RECORD DESCRIPTION | AVAILABILITY (REFER TO CLASSIFICATION NUMBER) |
|---|---|---|
| Communications/Public Relations | Product Information | 1 |
| Communications/Public Relations | Public Corporate Records | 1 |
| Communications/Public Relations | Media Releases | 1 |
| Human Resources | Staff Records | 4; 5; 9 |
| Human Resources | Employment Contracts | 4; 5 |
| Human Resources | Policies and Procedures | 4 |
| Human Resources | Health & Safety | 4; 5; 8 |
| Human Resources | Payroll Records | 4; 5 |
| Legal/Secretarial | General Contract Documentation | 6; 12 |
| Legal/Secretarial | Trademarks | 1 |
| Legal/Secretarial | Statutory Records | 12 |
| Marketing | Market Information | 12; 13 |
| Marketing | Customer Information | 1 |
| Marketing | Field Records | 4; 12 |
| Marketing | Performance Records | 12 |
| Marketing | Product Sales Records | 1 |
| Marketing | Marketing Strategies | 12 |
| Marketing | Customer Database | 12 |
| Marketing | Dealer Franchise Documents | 6; 7; 12; 13 |
| Marketing | Launch & Events Records | 4; 5 |
| Products/Logistics | Production Records | 12 |
| Production Engineering | Vehicle & Components | 3; 12; 13 |
| Production Engineering | Specifications Engineering Records | 12; 13 |
| Quality | Quality Records | 12 |
| Financial | Audited Financial Records | 12 |
| Financial | Asset Register | 12 |
| Financial | Tax Records | 4; 12 |
| Supplier Records | 4; 5 | |
| Management Accounts | 12 |
9. The Request Procedures
9.1 Who May Request Information
The PAIA Act provides that a requester is only entitled to access a record required for the exercise or protection of a right. Only requests for access to a record, where the requester has satisfied the Information Officer that the record is required to exercise or protect a right, will be considered. A requester may act in different capacities in making a request for a record. This will influence the amount to be charged when a request has been lodged.
Requesters may make a request as:
9.2 Form Request (SECTION 51(1)(e))
9.3 Prescribed Fee (SECTION 51(1)(f))
10. Fee Structure
| NO | ITEM | AMOUNT |
|---|---|---|
| 1 | For every photocopy of an A4-size page or part thereof | R1,10 |
| 2 | For every printed copy of an A4-size page or part thereof held on a computer or in electronic or machine-readable form | R0,75 |
| 3 | For a copy in a computer-readable form on – Stiffy disc Compact disc USB or any other external storage device | R7,50 R70,00 R70,00 |
| 4 | For a transcription of visual images, for an A4-size page or part thereof For a copy of visual images | R40,00 R60,00 |
| 5 | For a transcription of an audio record, for an A4-size page or part thereof For a copy of an audio record | R20,00 R30,00 |
| 6 | The request fee payable by a requester, other than a person requester | R50,00 |
| 7 | To search for the record of disclosure | R30,00/Hour |
11. Notification
Stellantis South Africa will within 30 (Thirty) days of receipt of the request decide whether to grant or decline the request, may be extended for a further period of not more than 30 (Thirty) days, if the request is for a large volume of information, or the request requires a search for information held at another office of Stellantis South Africa and the information cannot reasonably be obtained within the original 30
(Thirty) day period. Stellantis South Africa will notify the requester in writing should an extension be sought.
If the request for access to a record is successful, the requester will be notified of the following:
12. Grounds for Refusal of Access to Records
The 30 (Thirty) day period within which the Information Officer is required to reply to a request, as stipulated in the Act, shall commence only once a requester has compiled with all the requirements of the Act in requesting access to a record, to the satisfaction of the Information Officer.
Requests may be refused on the following grounds, as set out in the Act:
13. Appeal
If a requester is aggrieved by the refusal of the Information Officer to grant a request for a record, the requester may, within 30 (Thirty) days of notification of the Information Officer’s decision, apply to court for appropriate relief.