1.1 The Promotion of Access to Information Act, No 2 of 2000 (“the Act”) gives effect to the constitutional right of access to any information in records held by public or private bodies that is required for the exercise or protection of any rights. The Act sets out the procedural requirements attached to requests for information, the requirements which requests must meet as well as the grounds for refusing requests. This Manual informs requesters of what information KINTO holds and the procedural and other requirements which a requester must meet to access the information.

1.2 The Act also recognises that the right to access information must be balanced with other rights and should be subject to limitations including, but not limited to, limitations aimed at the reasonable protection of privacy and commercial confidentiality. The balancing of other rights require that KINTO considers if grounds for refusal of a request for access to information apply.

1.3 The Manual also addresses the rights of data subjects governed by the Protection of Personal Information Act (PoPIA).

KINTO conducts business as a motor vehicles and mobility service provider for customers across South Africa.

For PAIA enquiries:
Compliance Officer
KINTO SA (Pty) Ltd
Postal address PO Box 481, Bergvlei 2012
Street address Stand 1, Wesco Park, Old Pretoria Road, Sandton
Telephone numbers: +27-11-809-9111
E-mail address: Informationofficer.paia@toyota.co.za

For POPIA enquiries:
Tony Jenkins (Information Officer)
Postal address PO Box 481, Bergvlei 2012
Street address Stand 1, Wesco Park, Old Pretoria Road, Sandton
Telephone numbers: +27-11-809-2770
E-mail address: Informationofficer.popia@toyota.co.za

5.1 You may request access to all records held by KINTO. In some instances KINTO will not be permitted to grant access to you and if after consideration of your request it determines not to do so, it will notify you and provide you with the reasons for refusal of your request.

5.2 Where you request your own personal information, this information must always be provided to you in terms of your rights of access under POPIA. For your convenience the manner of granting access to you in terms of requests under PAIA and requests under POPIA are distinguished in this section.

Further guidance from the Information Regulator

5.3 If you would like further guidance on your right to access information under PAIA, you may contact the Information Regulator. The contact details of the Information Regulator are:

• Postal address: PO Box 31533, Braamfontein, Johannesburg, 2017
• Physical address: JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001
• Telephone number: 010 023 5200
• Website: https://inforegulator.org.za/
• General email: enquiries@inforegulator.org.za
• PAIA Compliance email: PAIAcompliance@inforegulator.org.za
• PAIA Complaints email: PAIAcomplaints@inforegulator.org.za
• POPIA Compliance email: POPIAcompliance@inforegulator.org.za
• POPIA Complaints email: POPIAcomplaints@inforegulator.org.za

5.4 The Information Regulator has also published a Guide in each official language of South Africa on how to exercise any right under PAIA. The guide in English is available on the Information Regulator’s website https://inforegulator.org.za/paia-guidelines/.

5.5 KINTO’s Officers contact details in respect of PAIA Requests for Access and POPIA Requests respectively are described under the heading “4. KINTO Contact Details”.

5.6 Details of how you request access to records held by KINTO are described under the heading “8. Form of Request”.

5.7 Details of how you request access to your personal information held by KINTO are provided under the heading “8. Form of Request”.

Records that are automatically available:

Departmental Records	Subject
Communications / Public Affairs Division	Public Product Information Public Corporate Records Media Releases
Environmental Department	Environmental Policy
Legal Department / Company Secretarial	Trademarks
Marketing Division	Public Customer Information

Records that are subject to rights of refusal:

Departmental Records	Subject
Communications/ Public Affairs Division	Community Trust Records
Environmental Department	Environmental Records
Human Resources Division	Staff Records Employment Contracts Policies and Procedures Health & Safety records
Financial Division	Financial Statements Financial and Tax Records (Company & Employees) Motor Industry Development Programme Records Asset Register Management Accounts
Legal Department / Company Secretarial	General Contract Documentation Statutory Records
Marketing Division	Market Information Product Brochures

6.1 Requests for any of the information listed will be considered by KINTO’s Information Officer. The Information Officer will determine whether KINTO refuses to provide access to these records, subject to the grounds for refusal referred to in paragraph 10.

6.2 Personnel records include:

• 6.2.1 personal records (provided by personnel);
• 6.2.2 records provided by a third party relating to personnel;
• 6.2.3 conditions of employment and other personnel-related contractual and quasi-legal records;
• 6.2.4 internal evaluation and other internal records;
• 6.2.5 correspondence relating to personnel; and
• 6.2.6 training schedules and material.

6.3 Access to records is subject to policies protecting the rights of employees and data subjects.

6.4 "Personnel" as referred to in 6 refers to any person who works for or provides services to or on behalf of KINTO, and who receives or is entitled to receive remuneration, and any other person who assists in carrying out or conducting company business and includes, without limitation, directors (executive and non-executive), all permanent, temporary and part-time staff, as well as contract workers.

KINTO holds records for primarily in terms of the following laws, as amended:

• 7.1 Basic Conditions of Employment Act 75 of 1997;
• 7.2 Broad Based Black Economic Empowerment Act No. 53 of 2003;
• 7.3 Companies Act 61 of 1973;
• 7.4 Companies Act 71 of 2008;
• 7.5 Compensation for Occupational Injuries and Disease Act 130 of 1993;
• 7.6 Consumer Protection Act 68 of 2008;
• 7.7 Copyright Act 98 of 1978;
• 7.8 Electronic Communications and Transactions Act 25 of 2002;
• 7.9 Employment Equity Act 55 of 1998;
• 7.10 Financial Intelligence Centre Act 38 of 2001;
• 7.11 Income Tax Act 58 of 1962;
• 7.12 Labour Relations Act 66 of 1995;
• 7.13 Occupational Health and Safety Act 85 of 1993;
• 7.14 Protection of Personal Information Act 4 of 2013;
• 7.15 Regulation of Interception of Communications and Provision of Communication related Information Act 70 of 2002;
• 7.16 Skills Development Act 97 of 1998;
• 7.17 Skills Development Levies Act 9 of 1999;
• 7.18 Unemployment Insurance Act 63 of 2001; and
• 7.19 Value Added Tax Act 89 of 1991.

8.1 KINTO has appointed an Information Officer to deal with all matters relating to PAIA and POPIA so it can comply with its obligations.

8.2 You can make a request:

• 8.2.1 Relating to personal information processed by KINTO (POPIA); or
• 8.2.2 For access to information or records under the control of KINTO (PAIA).

8.3 To make the request, you can:

• 8.3.1 Complete the prescribed form 2, available on:
  • 8.3.1.1 KINTO website: here
  • 8.3.1.2 the website of the Information Regulator at: https://inforegulator.org.za/paia-forms/ “Request for Access to Record [Regulation 7]”
• 8.3.1.3 If you make a request using form 2, please submit the completed form to KINTO’s Information Officer using the contact details we provide.
• 8.3.2 Complete the information request webform available: here . The webform allows you to make a request relating to request access to:
  • 8.3.2.1 Information or records under the control of KINTO (PAIA); or
  • 8.3.2.2 Personal information processed by KINTO (POPIA).
• 8.3.2.3 If you make a request using the webform, please complete all required fields and click the ‘submit’ button at the bottom of the webform.
• 8.3.3 If your request is in terms of PAIA and relates to records or information held by KINTO, please ensure the completed form or webform:
  • 8.3.3.1 has enough information for the information officer to identify you, the requested records, and the form of access you require;
  • 8.3.3.2 specifies your email address, postal address or fax number;
  • 8.3.3.3 describes the right you seek to exercise or protect;
  • 8.3.3.4 explains why you need the requested record to exercise or protect that right;
  • 8.3.3.5 provides any other way you would like to be informed of our decision other than in writing; and
  • 8.3.3.6 provides proof of the capacity in which you make the request if you make it on behalf of someone else (KINTO will decide if this proof is satisfactory).
• 8.3.4 If your request relates to personal information processed by KINTO in terms of POPIA, please ensure the completed webform:
  • 8.3.4.1 has enough information for the information officer to identify you;
  • 8.3.4.2 describes the personal information that relates to your request;
  • 8.3.4.3 identifies type of request you are making;
  • 8.3.4.4 specifies your email address, postal address or fax number; and
  • 8.3.4.5 provides proof of the capacity in which you make the request if you make it on behalf of someone else (KINTO will decide if this proof is satisfactory).

8.4 If you do not use KINTO’s standard form or webform, KINTO may:

• 8.4.1 Reject the request due to lack of procedural compliance;
• 8.4.2 Refuse it if you do not provide sufficient information;
• 8.4.3 Contact you to request further information; or
• 8.4.4 Delay it.

The following fees apply to the request (other than a personal request):

• 9.1 A requester is required to pay the prescribed fees before a request will be processed as required by law;
• 9.2 If the preparation of the record requested requires more than the prescribed six hours, a deposit must be paid (of not more than one third of the access fee which would be payable if the request were granted);
• 9.3 A requester may lodge an application with a court against the tender/payment of the request fee or deposit;
• 9.4 Records may be withheld until the fees have been paid.
• 9.5 The fees for accessing records of public bodies are prescribed and can be found on Form 3, Section 4 “Outcome of request and of fees payable [Regulation 8]” published by the Information Regulator at https://inforegulator.org.za/paia-forms/.

10.1 KINTO may have to refuse you access to certain records in terms of PAIA to protect:

• 10.1.1 someone else’s privacy;
• 10.1.2 another company’s commercial information;
• 10.1.3 someone else’s confidential information;
• 10.1.4 the safety of individuals and property;
• 10.1.5 records privileged from production in legal proceedings; or
• 10.1.6 research information.

10.2 KINTO will notify the requester, in writing, whether the request has been approved or denied within thirty calendar days after receipt by KINTO of a properly completed request for access form and the payment of applicable fees.

10.3 If after diligent efforts have been made records requested do not exist or cannot be located, KINTO will notify you. You will be provided with an affidavit deposed to by KINTO’s Information Officer (or persons delegated by the Information Officer to do so) confirming that it is not possible to provide access to the records requested as they cannot be located.

11.1 If you are dissatisfied with KINTO’s Information Officer’s:

• 11.1.1 decision to not provide you with access to any information requested; or
• 11.1.2 request for a time extension to process your access request;
• 11.1.3 you may, within 180 days, approach the Information Regulator by completing Form 5, “Complaint Form [Regulation 10]”, published in the Regulations, available on the Information Regulator’s website at https://inforegulator.org.za/paia-forms/.

11.2 You may always approach a court (even if you have not first approached the Information Regulator) if you wish to complain against a decision of KINTO’s Information Officers.

12.1 KINTO processes various categories of personal information for the purposes described in 13.

• 12.1.1 Private Customer Information;
• 12.1.2 Company Customer Information;
• 12.1.3 Dealer Information;
• 12.1.4 Supplier Information; and
• 12.1.5 Employee Information.

Among the purposes that KINTO processes personal information are to:

• 13.1 provide goods or supply services;
• 13.2 better understand data subjects’ needs when doing so;
• 13.3 keep data subject records up to date;
• 13.4 manage employees;
• 13.5 manage supplier contracts;
• 13.6 manage dealer relationships;
• 13.7 manage customers;
• 13.8 manage customer affordability;
• 13.9 enforce debts;
• 13.10 market goods and services to prospects;
• 13.11 run promotional competitions for businesses;
• 13.12 action customer requests or complaints;
• 13.13 gather information of unlaw activities to enforce KINTO’s rights;
• 13.14 use biometric information for access control; and
• 13.15 any other lawful purpose of which the data subject has been notified prior to or as soon as reasonably possible after the collection of the personal information.

KINTO process many different categories of personal information, including without limitation:

• 14.1 contact details, such as phone numbers, physical and postal addresses, and email addresses;
• 14.2 personal details, such as names and ages;
• 14.3 demographic details, such as races and age groups;
• 14.4 health information;
• 14.5 biometric information;
• 14.6 account numbers;
• 14.7 background information;
• 14.8 contract information;
• 14.9 credit information;
• 14.10 market intelligence information; and
• 14.11 debt and debtor information.

KINTO gives the following people personal information that KINTO processes in the ordinary course of business to fulfil obligations to its’ customers or clients:

• 15.1 contractors, vendors, or suppliers;
• 15.2 agents, distributors, or other resellers;
• 15.3 operators, other responsible parties, or co-responsible parties; and
• 15.4 third party vendors (such as software developers) to help us maintain our services.

KINTO may send personal information outside of South Africa to various countries. KINTO will only transfer data to other countries whose laws provide an equivalent level of protection to that required by POPIA, or recipients who can guarantee the protection of personal information to the same standard as KINTO must protect it. Before personal information is transferred from South Africa, we will ensure that we do so to fulfil a lawful purpose that is justified by POPIA. If your consent is required, we will obtain your consent prior to the transfer.

KINTO continuously identifies reasonably foreseeable internal and external risks to personal information that it processes. KINTO has established appropriate safeguards to secure information by maintaining appropriate, reasonable technical and organisational measures to protect personal information from loss, misuse, and unauthorised access, disclosure, alteration and destruction. KINTO also takes reasonable steps to keep personal information accurate, current, complete, and reliable for its intended use. This promotes the maintenance of the confidentiality, integrity and availability of personal information.

The Minister of Justice and Constitutional Development has not made any regulations prescribing any other information that needs to appear in this manual.

This manual is available in English and will be available on KINTO’s website, and at our company’s registered office at Stand 1, Wesco Park, Old Pretoria Road, Sandton, 2146. The manual is electronically available on KINTO’s website at: here.

This manual will be updated whenever KINTO makes material changes to the current information.