8. RECORDS AVAILABLE ONLY ON REQUEST TO ACCESS IN TERMS OF THE ACT (SECTION 51(1)(D))

8.1 Records held by TRADEMARKIA

8.1.1 This clause serves as a reference to the categories of information that TRADEMARKIA holds. The information is classified and grouped according to records relating to the following subjects and categories:

8.1.1.1 Personnel Records

8.1.1.1.1 Personal records provided by personnel.

8.1.1.1.2 Records provided by a third party relating to personnel.

8.1.1.1.3 Conditions of employment and other personnel-related contractual and quasi-legal records.

8.1.1.1.4 Internal evaluation records and other internal records.

8.1.1.1.5 Correspondence relating to personnel.

8.1.1.1.6 Training scheduled and material.

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

8.1.1.2 Customer Related Records

8.1.1.2.1 Records provided by a customer to a third party acting for or on behalf of TRADEMARKIA.

8.1.1.2.2 Records provided by a third party.

8.1.1.2.3 Records generated by or within TRADEMARKIA relating to its customers, including transactional records.

“Customer” refers to any natural or juristic entity that receives services from TRADEMARKIA.

8.1.1.3 Private Body Records

8.1.1.3.1 Financial records

8.1.1.3.2 Operational records

8.1.1.3.3 Databases

8.1.1.3.4 Information Technology

8.1.1.3.5 Marketing records

8.1.1.4 Internal Correspondence

8.1.1.4.1 Product records

8.1.1.4.2 Statutory records

8.1.1.4.3 Internal Policies and Procedures

8.1.1.4.4 Records held by officials of the institution

These records include, but are not limited to, the records which pertain to TRADEMARKIA’s own affairs.

8.1.1.5 Other Party Records

8.1.1.5.1 Personnel, customer or private body records which are held by another party, as opposed to the records held by TRADEMARKIA itself.

8.1.1.5.2 Records held by TRADEMARKIA pertaining to other parties, including without limitation, financial records, correspondence, contractual records, records provided by the other party, and records third parties have provided about the contractors/suppliers.

8.1.1.5.3 TRADEMARKIA may possess records pertaining to other parties, including without limitation contractors, suppliers, subsidiary/holding/sister companies, joint venture companies, and service providers. Alternatively, such other parties may possess records that can be said to belong to TRADEMARKIA.

8.2 Note that the accessibility of the records may be subject to the grounds of refusal set out in this PAIA Manual. Amongst others, records deemed confidential on the part of a third party, will necessitate permission from the third party concerned, in addition to normal requirements, before TRADEMARKIA will consider access.

EMPIRE TOBACCO