This manual is published under section 51 of the Promotion of Access to Information Act 2 of 2000 (PAIA), as amended by the Protection of Personal Information Act 4 of 2013 (POPIA). It explains which records KM VIP Protection holds and how you can ask for access to them.
1. Company and Information Officer details
- Private body: KM VIP Protection (Pty) Ltd
- Business: private security services, registered with PSIRA under number 5153238
- Head of the private body: the directors, Kwazi Mbuyazi and Mnotho Mathaba
- Information Officer: Mnotho Mathaba, Director (Client & Compliance)
- Address: Suite 148, Mushroom Farm Retail Centre, Midrand, Gauteng, 1685
- Telephone: +27 11 568 9214
- Email: info@kmvipprotection.co.za
- Website: www.kmvipprotection.co.za
2. The Information Regulator’s guide
The Information Regulator has published a guide on how to use PAIA and POPIA to request information, as section 10 of PAIA requires. It is available in all official languages from the Information Regulator:
- Website: inforegulator.org.za
- Enquiries: enquiries@inforegulator.org.za
You can also inspect a copy of the guide at our office during business hours.
3. Records available without a request
The following are available to anyone without a PAIA request:
- everything published on this website, including our services, indicative rate schedule, supplier profile and safety guides;
- our Privacy Policy & POPIA Notice, website terms of use and this manual;
- our PSIRA registration status, which can be checked on the public register at psira.co.za.
Clients and suppliers can request our compliance pack (PSIRA certificate, B-BBEE certificate, SARS tax clearance, CSD registration, POPIA data policy, company profile and SLA template) by email, without a formal PAIA request.
4. Records kept under other legislation
Where applicable, we keep records as required by:
- Private Security Industry Regulation Act 56 of 2001
- Firearms Control Act 60 of 2000
- Companies Act 71 of 2008
- Income Tax Act 58 of 1962 and Tax Administration Act 28 of 2011
- Basic Conditions of Employment Act 75 of 1997
- Labour Relations Act 66 of 1995
- Employment Equity Act 55 of 1998
- Unemployment Insurance Act 63 of 2001 and Unemployment Insurance Contributions Act 4 of 2002
- Skills Development Levies Act 9 of 1999
- Compensation for Occupational Injuries and Diseases Act 130 of 1993
- Occupational Health and Safety Act 85 of 1993
- Broad-Based Black Economic Empowerment Act 53 of 2003
- Consumer Protection Act 68 of 2008
- Electronic Communications and Transactions Act 25 of 2002
- Protection of Personal Information Act 4 of 2013
- Promotion of Access to Information Act 2 of 2000
5. Subjects and categories of records we hold
Company records
Registration documents, memorandum of incorporation, share register, directors’ resolutions and minutes, PSIRA business registration and renewals, B-BBEE certificates, CSD registration, insurance policies.
Financial and tax records
Financial statements, accounting records, invoices, quotes, banking records, tax returns and tax clearance, payroll records.
Personnel records
Employment contracts, PSIRA registration and grading of each officer, vetting and reference checks, training and firearm competency records, leave, disciplinary and performance records, UIF, COIDA and skills development records.
Client and operational records
Client contracts and service agreements, quotes and proposals, risk assessments, deployment and shift schedules, occurrence and incident reports, after-action reports, itineraries and movement plans, intelligence and investigation reports, vehicle and fleet records, firearm registers.
Supplier and other records
Supplier agreements and records, correspondence, website and IT records, marketing material.
Listing a category here does not mean every record in it will be released. Many operational records, such as itineraries, movement plans and security arrangements, are protected under the grounds for refusal in section 8.
6. Processing of personal information
Purposes
We process personal information to respond to enquiries and quote, deliver protection, transport, event, guarding and investigation services, employ, vet and deploy officers, meet our PSIRA, labour, tax and other legal obligations, manage suppliers, and send our briefing to people who have subscribed.
Categories of data subjects and information
- Clients, principals and their parties: names, contact details, identity and passport details, itineraries, addresses, vehicle details and, for families, children’s details provided by a parent or guardian.
- Enquirers and subscribers: names, contact details, company and the details of their enquiry; email addresses of briefing subscribers.
- Employees and officers: identity, contact and banking details, PSIRA records, employment history, training and vetting results, including criminal record checks (special personal information, processed with consent or as the law allows).
- Subjects of verification or investigation: information relevant to the check the client instructed, collected lawfully.
- Suppliers and juristic persons: company details, contact people and banking details.
Recipients
Officers and staff who need the information for an engagement; service providers who process it for us (website hosting, email delivery, email and video calls, WhatsApp); and, where an engagement or the law requires it, PSIRA, SARS, the Department of Employment and Labour, SAPS, attorneys, sheriffs and insurers.
Transfers outside South Africa
Some of our service providers store or process information outside South Africa, including in the United States. We only use providers bound by law or contract to protect it to a standard comparable to POPIA (section 72).
Security measures
Encrypted connections for information sent through our website, access limited to the people who need it, need-to-know handling of movement details, and breach notification to affected people and the Information Regulator under POPIA section 22. More detail is in our Privacy Policy & POPIA Notice.
7. How to request access to a record
- Complete Form 2 (Request for Access to Record) of the PAIA Regulations, 2021, available from the Information Regulator’s website or from us on request.
- Describe the record you want in enough detail for us to find it, say what form of access you want (for example a copy or an inspection), and give your contact details.
- State which right you want to exercise or protect and explain why the record is needed for it. PAIA section 53 requires this for requests to a private body.
- Attach a copy of your identity document. If you are asking on behalf of someone else, attach proof that you are authorised to do so.
- Send the request to the Information Officer by email to info@kmvipprotection.co.za with the subject “PAIA Request”, or deliver it to our office.
Fees
A request fee and access fees apply as prescribed in the PAIA Regulations, 2021, which are published by the Information Regulator. We will tell you what is payable before we process your request, and we may ask for a deposit if finding and preparing the record will take a long time. No request fee applies when you ask for your own personal information.
Timeframes
We will decide on your request within 30 days of receiving it. We may extend this once, by up to 30 more days, where the law allows; if we do, we will tell you why. If we do not respond in time, the request is regarded as refused.
Your own personal information
You can also ask us, under POPIA section 23, whether we hold personal information about you and for a copy of it. See your rights in our privacy notice.
8. Grounds for refusal
PAIA requires or allows us to refuse access to a record, in whole or in part, where releasing it would, among other grounds:
- unreasonably disclose personal information about another person (section 63);
- disclose a third party’s trade secrets or confidential commercial information (section 64);
- breach a duty of confidence owed to a third party (section 65);
- endanger the life or physical safety of a person, or prejudice the security of a building, vehicle, system or other property, including security plans, itineraries and movement details (section 66);
- disclose records privileged from production in legal proceedings (section 67);
- disclose our own trade secrets or commercial information, or harm our competitive position (section 68);
- disclose research information of a third party or of KM VIP (section 69).
Where a request concerns a third party, we will notify that third party and give them the chance to respond before we decide (section 71). If we refuse access, we will give you the reasons in writing.
9. Remedies
KM VIP is a private body, so there is no internal appeal. If you are unhappy with our decision, including a refusal, the fees charged or an extension of time, you may within 180 days:
- lodge a complaint with the Information Regulator (section 77A), or
- apply to a court for appropriate relief (section 78).
10. Availability of this manual
This manual is available on our website and for inspection at our office during business hours, free of charge. A copy is provided to the Information Regulator on request. We will update it when our records or contact details change.