1.1 This document sets out the procedure applicable to Nissan South Africa Proprietary Limited* ("Nissan/we/our/us") relating to the manner and form in which a data subject may object to processing of its personal information held by Nissan.
1.2 The Protection of Personal Information Act 4 of 2013 ("POPI") read with the Regulations relating to the Protection of Personal Information ("POPI Regulations")** provides that a data subject have the right to be informed of his/her/it's right to object. This means that a data subject, on reasonable grounds, can object to the processing of he/she/it's personal information by Nissan in certain circumstances.
[*] "Nissan" means Nissan South Africa Proprietary Limited (registered number 1963/007428/07), a private company duly incorporated under the laws of South Africa, whose registered office is at Ernest Oppenheimer Street, Rosslyn, South Africa, and including Nissan Motor Co Ltd of Japan and all companies which are its subsidiaries as defined in terms of the Companies Act 71 of 2008 or any replacement legislation.
[**] GNR.1383 of 14 December 2018: Regulations relating to the Protection of Personal Information (Government Gazette No:42110).
2 WHEN MAY A DATA SUBJECT OBJECT TO THE PROCESSING OF THEIR PERSONAL INFORMATION
2.1 POPI grants data subjects the right to object, on reasonable grounds relating to his/her/it's particular situation, to the processing of personal information in the following circumstances –
2.1.1 when Nissan processes your personal information for direct marketing purposes other than direct marketing by means of unsolicited electronic communications as contained in section 69 of POPI;
2.1.2 when the data subject previously consented to processing;
2.1.3 when Nissan processes personal information based on your legitimate interest of the data subject; and
2.1.4 when Nissan processes personal information to pursue its legitimate interest or that of a third party to whom the information is supplied to.
3 HOW MUST AN OBJECTION BE LODGED
3.1 A data subject of Nissan who wishes to object to Nissan processing his/her/its personal information in terms of section 11(3)(1) of POPI must submit the objection in the prescribed manner and form as required in terms of Regulation 2 of the POPI Regulations.
3.2 The applicable objection form is entitled Form 1 in the POPI Regulations, which form is attached hereto as Annexure A. This form must be completed in sufficient detail and must address the following –
3.2.1 the identity of the data subject and proof thereof;
3.2.2 the contact details of the data subject, including contact numbers and e-mails;
3.2.3 the reasons, in sufficient detail, for the objection based on the data subject's particular circumstances in order to allow Nissan to assess the validity of such objection; and
3.2.4 any documentary evidence supporting the objection.
3.3 The objection procedure above coupled with any reasonable necessary assistance that Nissan may provide to the data subject is done free of charge.
4 PROCEDURE AFTER AN OBJECTION IS LODGE
Upon receipt of an objection, Nissan will assess the validity of the data subject's objection and, if satisfied, will within a reasonable time cease processing the data subject's personal information and will render proof to the data subject to this effect. In the event that an objection is manifestly unfounded, excessive and/or does not accord with the dictates of POPI, Nissan may refuse the objection.
5 REQUEST FOR CORRECTION, DELETION OR DESTRUCTION OF PERSONAL INFORMATION
5.1 A data subject who wishes to request a correction or deletion of personal information or deletion of a record of personal information in terms of section 24(1) of POPI must submit such request in the prescribed manner and form as required in terms of Regulation 3 of the POPI Regulations.
5.2 The applicable objection from is entitled Form 2 in the POPI Regulations, which form is attached hereto as Annexure B. This form must be completed in sufficient detail and must address the following –
5.2.1 the identity of the data subject and the proof thereof;
5.2.2 the contact details of the data subject, including contact numbers, emails and fax numbers;
5.2.3 an identification of the specific information which the data subject wishes to be corrected, deleted, destructed of destroyed; and
5.2.4 the reasons, in sufficient detail, for the request for –
188.8.131.52 the correction or deletion of the personal information of the data subject in terms of section 24(1)(a) of POPI; and/or
184.108.40.206 the destruction or deletion of a record of personal information about the data subject in terms of section 24(1)(b) of POPI.
5.3 The procedure to correct, delete or destruct a data subjects personal information coupled with any reasonable necessary assistance that Nissan may provide to the data subject is free of charge.
6 PROCEDURE AFTER A REQUEST FOR CORRECTION, DELETION OR DESTRUCTION OF PERSONAL INFORMATION IS LODGE
Upon receipt of a request for correction, deletion or destruction of a data subject’s personal information, Nissan will assess the validity of such request and as soon as reasonably practicable –
6.1 correct the personal information;
6.2 destroy or delete the person information;
6.3 notify the relevant third parties who the personal information of the data subject to either correct, destroy or delete the personal information
6.4 provide the data subject, to his or her satisfaction, with credible evidence in support of the information.
Any complaints in terms of the above procedure can be made to the office of the Information Regulator whose contact details are as follows –