Prepared in accordance with Section 51 of the Promotion of Access to Information Act No 2 of 2000 as amended by the Protection of Personal Information Act, No 4 of 2013.
Date of compilation: 2018 Date of revision: 26.05.2021
TABLE OF CONTENTS
Purpose of the Manual
Availability of the Manual
Definitions and Interpretation
Company Details (section 51(1)(a))
Guide of South African Human Rights Commission (section 51(1)(b))
Records Automatically Available (section 51(1)(c))
Schedule of Records held in accordance with other legislation (section
List of Applicable Legislation (section 51(1)(d))
Access request procedure (section 51(1)(e))
9.1 Completion and Submission of Access Request Form
9.3 Payment of Fees
9.4 Third Party Information
9.5 Grounds for Refusal
9.6 Remedies Available upon Refusal
9.7 Records that cannot be found or do not exist
Processing of Personal Information
10.1 Purpose of POPIA
10.2 Description of Categories of Data Subjects
10.3 Reasons for Processing Personal Information
10.4 Storage and Retention and destruction of information
10.5 Access by others and cross border transfer
10.5.1 Request Procedure
Access Request Form C
1. PURPOSE OF THE MANUAL
The purpose of this Manual is: -
For purposes of PAIA: the detail of the procedure that a Requestor for information is to follow and the manner in which a Request for Access shall be facilitated by Tuning Fork; and
For purposes of POPIA: detail the purpose for which personal information may be processed;
a description of the categories of Data Subjects for whom Tuning Fork processes personal information, as well as the categories of personal information relating to such Data Subjects; and the recipients to whom personal information may be supplied.
A copy is also available at the South African Human Rights Commission.
2. DEFINITIONS AND INTERPRETATION
Shall mean Tuning Fork (PTY)Limited (registration number 2010/001048/07), a public company incorporated in South Africa.
Shall mean the person to whom personal information relates.
shall mean this manual, together with all appendices hereto.
Shall mean Promotion of Access to Information Act, No 2 of 2000.
Shall mean Protection of Personal Information Act, No 4 of 2013.
Shall ascribe to the meaning as promulgated in section 1 of POPIA.
Shall ascribe to the meaning as promulgated in section 1 of POPIA.
Shall ascribe to the meaning as promulgated in section 1 of PAIA.
Shall ascribe to the meaning as promulgated in section 1 of PAIA.
Shall mean the South African Human Rights Commission.
2. COMPANY OVERVIEW
Tuning Fork conducts a business as a distributor of motor products, parts, tools, equipment, and provide technical literature and train personnel adequate to service and repair their products sold to the consumer.
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”).
PAIA gives 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. Requests shall be made in accordance with the prescribed procedures, at the rates provided.
RECORDS AUTOMATICALLY AVAILABLE (Section 51 (1) (c))
7. SCHEDULE OF RECORDS HELD IN ACCORDANCE WITH OTHER LEGISLATION
(Section 51 (1) (e))
Statutory company information
Memorandum of Incorporation
Register of directors and officers
Statutory returns to relevant authorities
Financial and accounting Records
Accounting Records (inclusive of books of account)
Internal and external audit reports
Supporting schedules and documentation to books of account
Customs and Excise Records
Income tax returns and other documentation
Regional Services Council Records
Skills Development Levies Records
Stamp Duties Records
Value Added Tax Records
Documentation pertaining to litigation or arbitration
Licenses, permits and authorizations
Details of insurance coverage, limits and insurers
Agreements with trade unions
Casual employee Records
Code of conduct
Company tax submissions in respect of employees
Employee personal details
Employment conditions and policies
Employment equity plan
Medical aid Records
Records of strikes, lockouts or protest action
Remuneration and benefits records
Restraint of trade agreements
Retirement fund records
Training schedules and material
Share registration documents
Marketing and advertising records
Brochures and other promotional records
Quality testing procedures and records
Records of the cost of goods acquired for resale and their selling price
Customer Records and credit services
Credit application forms
Debtors with collection agents
Records of customer details and payment performance listed with credit bureaus
Terms and conditions of sale
Code of Conduct
Terms and conditions for dealing with suppliers
Transactional Records and supporting information
Business and data information
Domain name registrations
IT technology capabilities
Fixed property and fixed assets
Financial lease agreements
Fixed asset registers
Property lease agreements
Trademarks, trade names and protected names
Agreements pertaining to intellectual property
8. LIST OF APPLICABLE LEGISLATION
(Section 51 (1) (d))
Where applicable to the business conducted by the divisions in the Group, the various subsidiaries and associates retain records which are required in terms of legislation other than PAIA.
Certain legislation provides that private bodies shall allow certain persons access to specified records, upon request. The legislation may be consulted to establish whether the Requester has a right of access to a Record other than in terms of the procedure set out in PAIA. The following legislation is included and can be consulted, but is not a limited list:
Accreditation for Conformity Assessment, Calibration and Good Laboratory Practice Act, No. 19 of 2006
Air Services Licensing Amendment No. 21 of 2008
Airports Company Amendment Act, No. 14 of 2001
Aliens Control Amendment Act, No. 76 OF 1995
Appropriation Act, 2008 9 of 2008
Banks Amendment Act No 20 of 2007
Basic Conditions of Employment Act No.75 of 1997
Bills of Exchange Amendment Act, 56 of 2000
Board Based Black Economic Empowerment Act, No 53 of 2003
Broadcasting Amendment Act, No. 4 of 2009
Carriage by Air Amendment Act, No. 15 of 2006
Civil Aviation Act, No. 13 of 2009
Companies Act 71 of 2008 (as amended)
Compensation for Occupational Injuries and diseases Act, No 130 of 1993
Competition Act No. 89 of 1998
Consumer Affairs (Unfair Business Practices) Act No. 71 of 1988
Consumer Protection Act No 68 of 2008
Copyright Act No. 98 of 1978
Counterfeit Goods Act No 37 of 1997
Criminal Law (Forensic Procedures) Amendment Act, 6 of 2010
Currency and Exchanges Act 9 of 1933 (and Exchange Control Regulations)
Customs and Excise Act 91 of 1964
Debt Collectors Act No. 114 of 1998
Designs Act No 195 of 1993
Electronic Communication and Transactions Act 25 of 2002
Employment Equity Act 55 of 1998
Financial Advisory and Intermediary Services Act No 37 of 2002 (as amended)
Financial Services Board Act 97 of 1990
Income Tax Act 58 of 1962
Immigration Act No 13 of 2002
King IV Code on Corporate Governance
Labour Relations Act No. 66 of 1995
Medical Schemes Act 131 of 1998
Merchandise Marks Act No. 17 of 1941
National Credit Act No 34 of 2005
Occupational Health and Safety Act No 85 of 1993
Patents Act No 57 of 1978
Pension Funds Act No. 24 of 1956
Prevention of Organized Crime Act 121 of 1998
Promotion of Equality and Prevention of Unfair Discrimination Act, No 4 of 2000
Protection of Personal Information Act No 4 of 2013
Regulation of Interception of Communications and Provision of Communication‐ related Information Act No 70 of 2002
Sale and Services Matters Act No. 25 of 1964
Second - Hand Goods Act No 6 of 2009
Securities Transfer Tax Act No 25 of 2007
Skills Development Levies Act No. 9 of 1999
Skills Development Act No. 97 of 1998
South African Revenue Services Act No 34 of 1997
Tax on Retirement Funds Act NO 38 of 1996
Trade Practices Act 76 of 1976
Trademarks Act No. 194 of 1993
Unemployment Contributions Act 4 of 2002
Unemployment Insurance Act No. 63 of 2001
Value Added Tax Act No. 89
If the Requester believes that a right of access to a Record exists in terms of legislation other than that listed above, the Requester is required to indicate what legislative right the request is based on, to allow the Information Officer the opportunity of considering the request in the light thereof.
9. ACCESS REQUEST PROCEDURE
It is important to note that the successful completion and submission of an access request form does not automatically allow the Requester access to the requested
An application for access to a Record is subject to certain limitations if the requested Record falls within a certain category as specified within Chapter 4 of
If it is reasonably suspected that the Requester has obtained access to Records through the submission of materially false or misleading information, legal proceedings may be instituted against such a Requester.
9.1 COMPLETION AND SUBMISSION OF ACCESS REQUEST FORM C
Use the prescribed Form C which is available for download on the SAHRC website at www.sahrc.org.za.
The prescribed Form C must be completed in full and contain sufficient detail in order to enable the Information Officer to identify:
The Records requested;
Proof of identity of the Requester (and if an agent is lodging the request, proof of capacity) by attachment of the identity document of the Requester;
Form C must be filled in type or block
All questions on Form C must be answered. If a question does not apply state N/A. If nothing to disclose state Nil.
If there is insufficient space on the form, additional information may be provided on an attached folio and each answer on such folio must reflect the applicable
Which form of access is required; and
The postal address or fax number of the Requester in the Republic of South Africa.
The Requester must identify the right which the Requester is seeking to exercise or protect.
The Requester must provide an explanation of the reason the Record is required for the exercise or protection of any right.
If, in addition to a written reply, the Requester wishes to be informed of the decision in respect of the request in any other manner, the Requester is making the request to the reasonable satisfaction of the appointed Information Officer.
The Information Officers will, within 30 days of receipt of the request, decide whether to grant or decline the request and give notice with reasons (if required) to that effect. These requests will be evaluated by the applicable entities and persons involved, including but not limited to
the Divisional Executive Management, Company Management and/or functional management.
The 30-day period within which the Information Officer must decide whether to grant or refuse the request may be extended for a further period of not more than 30 days if the request is for a large volume of information or requires the Information Offices to search through a large volume of Records, or the Records are not kept at the offices of Tuning Fork.
The Information Offices will notify the Requester in writing should an extension be sought.
If a Record requested cannot be found, or does not exist, the Information Officer shall by means of an affidavit notify the Requester. In the affidavit, a full account is required of all steps taken to find that Record in question.
If the Request for Access to a Record is not successful, the Requester will be notified of the following:
Adequate reasons for the refusal (refer to Third Party Information and Grounds for Refusal below); and
That the Requester may lodge an application with a court against the refusal of the request and the procedure, including the period, for lodging the
9.3 PAYMENT OF FEES
The completed Access Request Form C must be submitted either via conventional mail, e‐ mail or fax and must be addressed to the Information Officer as indicated in Section 4 of this
An initial, non‐refundable request fee of 00 (excl VAT) is payable on submission.
Note: In terms of POPIA : This fee is not applicable to Personal Requesters (Data Subjects),referring to any person seeking access to Records that contain their personal information interms of POPIA.
Payment details can be obtained from the Information Officer as indicated in Section 4 of this Manual and payment can be made either via a direct deposit or by bank guaranteed cheque (no credit card payments are accepted). Proof of payment must be
The Requester may be notified whether a deposit is required. A deposit will be required depending on certain factors such as the volume and/or format of the information
Note: If the Request for Access is successful, an access fee will be required for the search, reproduction and/or preparation of the Record(s) and will be calculated based on the Prescribed Fees – see Appendix B. The access fee must be paid prior to access being given to the requested Record.
9.4 THIRD PARTY INFORMATION
If access is requested to a Record that contains information about a third party, the relevant Information Officer is obliged to attempt to contact this third party to inform them of the This enables the third party the opportunity of responding by either consenting to the access or by providing reasons why the access should be denied.
In the event of the third‐party furnishing reasons for the support or denial of access, the Information Officer will consider these reasons in determining whether access should be granted, or not.
9.5 GROUNDS FOR REFUSAL
The Information Officer may legitimately refuse to grant access to a requested Record that falls within a certain category. Grounds on which the Group may refuse access include:
protecting personal information that the Information Officer holds about a third person (who is a natural person), including a deceased person, from unreasonable disclosure;
protecting commercial information that is held about a third party or the Group or a particular company or entity in the Group (for example trade secrets: financial, commercial, scientific or technical information that may harm the commercial or financial interests of the organization or the third party);
if disclosure of the Record would result in a breach of a duty of confidence owed to a third party in terms of an agreement;
if disclosure of the Record would endanger the life or physical safety of an individual;
if disclosure of the Record would prejudice or impair the security of property or means of transport;
if disclosure of the Records would prejudice or impair the protection of a person in accordance with a witness protection scheme;
if disclosure of the Record would prejudice or impair the protection of the safety of the public;
the Record is privileged from production in legal proceedings, unless the legal privilege has been waived;
disclosure of the Record (containing trade secrets, financial, commercial, scientific, or technical information) would harm the commercial or financial interests of the Group;
disclosure of the Record would put the Group or a particular company or entity in the Group at a disadvantage in contractual or other negotiations or prejudice it in commercial competition;
the Record is a computer programme; and
the Record contains information about research being carried out or about to be carried out on behalf of a third party or the Group or a particular company or entity in the
9.6 REMEDIES AVAILABLE UPON REFUSAL OF A REQUEST TO ACCESS
Tuning Fork does not have internal appeal procedures. As such, the decision made by the Information Officer is final, and Requesters will have to exercise such external remedies at their disposal if the Request for Access is refused.
In accordance with sections 56(3) (c) and 78 of PAIA, a Requestor may apply to a court for relief within 180 days of notification of the decision for appropriate relief.
9.7 RECORDS THAT CANNOT BE FOUND OR DO NOT EXIST
If the Information Officer has searched for a Record and it is believed that the Record either does not exist or cannot be found, the Requester will be notified by way of an affidavit or affirmation. This will include the steps that were taken to try to locate the Record.
10. PROCESSING OF PERSONAL INFORMATION ACT
10.1 PURPOSE OF POPIA
The Protection of Personal Information Act, 4 of 2013 (POPIA), regulates and controls the Processing, including the collection, use, and transfer of personal information relating to identifiable, living, naturals persons and juristic persons.
Personal information as defined in terms of POPIA includes but is not limited to, information as follows:
Name, address, contact details, date of birth, place of birth, identity number, passport number, bank details, tax number, financial information, biometric information, personal opinions or views of a person, criminal history, member ship of a trade union, images by way of CCTV.
In terms of POPIA, a person (Responsible Party) has a legal duty to collect, use, transfer and destroy (process) another’s (Data Subject) personal information (Personal Information) in a lawful, legitimate and responsible manner and in accordance with the provisions and the 8 Processing conditions set out under POPIA.
10.2 DESCRIPTION OF CATEGORIES OF DATA SUBJECTS
Tuning Fork holds information and records information relating to the following broad categories of data subjects or persons, which list is not limited to:
Business partners whether acting on behalf of the companies or not or those that provide services, goods and other benefits to the companies such as medical service providers, banks, pension and provident funds, administrators, service providers, insurance companies, advertising, marketing or PR agencies, wellness or health providers
Regulators and Public Bodies who the companies engage with in order to discharge legal and public duty obligations, including SARS, National Treasury, Department of Labour and the financial sector conduct authorities.
Users of website/applications/mobile applications/social media portals or platforms whether in order to enquire more about the companies or to do business with the companies be it providing or selling to the companies or receiving or buying goods and services.
Persons who interact with the companies physically or enter sites, offices, parking areas, manufacturing site, showroom and all facilities of the company or interact via websites/email/correspondence.
10.3 REASONS FOR PROCESSING PERSONAL INFORMATION
Tuning Fork does and will process Personal Information which belongs or is held by a Data Subject.
This Processing is required by any of the Group companies or entities to allow them to perform the following (without detracting from the generality hereof):
to pursue their business objectives and strategies;
to comply with a variety of lawful obligations, including without detracting from the generality thereof, to carry out actions for the conclusion and performance of a contract as between the particular Group company and the Data Subject;
to put in place protective mechanisms to protect the Data Subject’s and / or the Company’s legitimate interests including the performance of risk assessments and risk profiles where applicable and necessary;
to obtain as required by law or to protect the respective party’s legitimate interests,
to obtain or provide Personal Information from a credit bureau or credit provider or credit association, information about certain Data Subject’s credit record, including personal information about any judgement or default history;
for the purposes of making contact with the Data Subject and attending to the Data Subject’s enquiries and requests;
for the purpose of providing the Data Subject from time to time with information pertaining to the Companies, their officers, employees, services and goods and other ad hoc business related information;
to pursue the Data Subject’s and / or Companies’ legitimate interests, or that of a third party to whom the Personal Information is supplied;
for the purposes of providing, maintaining, and improving the Companies’ Products and
Services, and to monitor and analyse various usage and activity trends pertaining thereto;
for the purposes of performing internal operations, including management of employees, employee wellness programmes, the performance of all required HR and IR functions, call centres, customer care lines and enquiries, attending to all financial matters including budgeting, planning, invoicing, facilitating and making payments, making deliveries, sending receipts, and generally providing commercial support, where needed, requested or required; and
for the purpose of preventing fraud and abuse of the Companies’ processes, systems, procedures and operations, including conducting internal and external investigations and disciplinary enquiries and
10.4 STORAGE AND RETENTION AND DESTRUCTION OF INFORMATION
Tuning Fork will ensure that the Data Subject’s Personal Information is securely stored electronically, which for operational reasons, will be accessible to certain categories of authorised persons within the particular Group company on a need to know and business basis, save that where appropriate, some of the Data Subject’s Personal Information may be retained in hard copy and stored
All such Personal Information will be held and / or stored securely. In this regard the particular Group company will ensure that they perform regular audits regarding the safety and the security of all Data Subject’s Personal Information.
Appropriate technical and organisational measures will be taken by the companies to ensure that Personal Information remains confidential and secure against unauthorised or unlawful processing and accidental loss or destruction or damage.
Once the Data Subject’s Personal Information is no longer required due to the fact that the purpose for which the Personal Information was held has come to an end and expired, such Personal Information will be safely and securely archived for the required prescribed periods or longer should this be required by the company. The company thereafter will ensure that such Personal Information is permanently
10.5 ACCESS BY OTHERS AND CROSS BORDER TRANSFER
Tuning Fork may from time to time have to disclose a Data Subject’s Personal Information to other parties, including organs of state, other departments or subsidiaries, product or third party service providers, regulators and or governmental officials, overseas service providers and or agents, but such disclosure will always be subject to an agreement which will be concluded as between the company and the party to whom it is disclosing the Data Subject’s Personal Information to, which contractually obliges the recipient of this Personal Information to comply with strict confidentiality and data security conditions. Where Personal Information and related data is transferred to a country which is situated outside the borders of South Africa, the Data Subject’s Personal Information will only be transferred to those countries which have similar data privacy laws in place or where the recipient of the Personal Information is bound contractually to a no lesser set of obligations than those imposed by POPIA.
10.5.1 Request procedure:
POPIA provides that a Data Subject may, upon proof of identity, request the Responsible Party to confirm, free of charge, all the information it holds about the Data Subject and may request access to such information, including information about the identity of third parties who have or have had access to such information.
Where a Data Subject is desirous of obtaining details of the Personal Information which the Company may hold of and which pertain to it, then it must make application as described in section 9 of this Manual – the Access Request Procedure.
POPIA provides that a Data Subject may object, at any time, to the Processing of personal information by the Responsible Party, on reasonable grounds relating to his/her particular situation, unless legislation provides for such Processing. In order to object the Data Subject must complete the standard “Objection” (Form 1) and submit it to the Information Officer at the postal or physical address or electronic mail address set out in section 4 of this Manual.
A Data Subject may also request the Responsible Party to correct or delete personal information about the Data Subject in its possession or under its control that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or obtained unlawfully; or destroy or delete a record of personal information about the Data Subject that the Responsible Party is no longer authorised to retain records in terms of POPIA's retention and restriction of records provisions.
A Data Subject that wishes to request a correction or deletion of personal information or the destruction or deletion of a record of personal information must submit a request to the Information Officer at the postal or physical address or electronic mail address set out in section 4 of this Manual on the standard “Rectification” (Form 2).
The Information Officer will handle the request in accordance with PAIA.