W.J.H. VERMAAK
INC.
t/a Vermaak and Partners Pathologists (“We” / “Us” / “Our”/ “Vermaak and Partners Pathologists”) are committed to protecting and respecting
your privacy.
1.
SCOPE OF POLICY
1.1.
This Privacy
Policy, together with Our end-user licence agreement (“EULA”) and any additional terms of use
incorporated by reference into the EULA applies to your use of:
1.1.1.
VERMAAK AND
PARTNERS PATHOLOGISTS Results Apps application software for mobile devices (“App”) (hosted at Vermaak and Partners Pathologists or
its nominee, available on Google Play and Apple App Store) (“App Site”) and shall be effective as from the
instance that you have downloaded or streamed a copy of the App onto your mobile
device (“Device”); and
1.1.2.
any of
the services accessible through the App (“Services”) that are available on the App Site or through
any of Our other sites (“Services Sites”),
unless the EULA states that a separate privacy policy applies to a
particular Service, in which case that privacy policy shall apply.
1.2.
This
policy sets out the basis on which any personal information We collect from
you, or that you provide to Us, will be processed by Us. Please read the following carefully to
understand Our views and practices regarding your personal information and how
We will treat it.
1.3.
The Effective Date of this Privacy Policy
shall be the date on which you click “I
agree” to proceed to our App and/or when you commence utilising our App.
1.4.
For
purposes of the POPI Act:
“Responsible Party” |
W.J.H.
VERMAAK INC. t/a Vermaak and Partners Pathologists, 659 Keet
Ave, Les Marais, Pretoria, Gauteng,
South Africa, 0084 |
“Personal Information” |
Information relating to
an identifiable, living, natural person, and where it is applicable, an
identifiable, existing juristic person |
“Data Subject” |
The person to whom Personal
Information relates and, in this document, refers to you, as the party
providing your Personal Information to, and that will be processed by, Us or
any relevant third party (if applicable). |
1.5.
Reference to “consent”,
“your consent” or “your explicit consent” shall include the
ticking of a tick box or clicking on a “submit”
button or “I agree” before use of our
App.
2.
INFORMATION WE MAY COLLECT FROM YOU
2.1.
We may
collect and process the following Personal Information relating to you:
2.1.1.
Information you provide to us (“Submitted Information”)
2.1.1.1.
You
may provide Us with your information by completing the applicable information
fields on the App Site and the Services Sites (collectively, “Our Sites”);
or
2.1.1.2.
by
corresponding with Us (for example, by e-mail or chat).
2.1.2.
This
includes information you provide when you register to use the App/Site,
download or register the App, subscribe to any of Our Services, search for the
App or Service, and when you report a problem with Our App, Services, or any of
Our Sites.
2.1.3.
The
information you provide to us may include your name, e-mail address, phone
number, the Device's phone number, username, password and other registration
information (including your HPCSA registration number).
2.1.4.
Information we collect about you and your device
Each
time you visit one of Our Sites or use Our App we may automatically collect the
following information from you:
2.1.4.1.
technical
information, which may include, without limitation, the type of mobile device
you use, a unique device identifier (for example, your Device's IMEI number,
the MAC address of the Device's wireless network interface, your mobile
operating system, the type of mobile browser you use (“Device Information”); and
2.1.4.2.
details
of your use of Our App or your visits to any of Our Sites, including, but not
limited to, traffic data, location data, and the resources that you access (“Log Information”).
2.2.
Should
you contact us, we may keep a record of such correspondence.
2.3.
Unique application numbers
When
you install or uninstall a Service containing a unique application number, or
when such a Service searches for automatic updates, that number and information
about your installation, for example, the type of operating system, may be sent
to Us.
3.
COOKIES
3.1.
A
cookie is a file that is downloaded to your device (computer or mobile device)
in order to store data that could be updated and retrieved by the entity in
charge of its installation. The information collected by cookies can
include the date and time of website visits, the pages viewed, the time spent
on our website and the sites visited immediately before or after.
3.2.
Types of cookies used on the website
We use the cookies described below:
3.2.1.
Persistent login cookies: These cookies are sent to your computer and managed
exclusively by us in order to improve the functioning of our App Site and
Services Sites. The data collected is used to improve the quality of our
Service and your user experience. These cookies are stored in your browser for
longer, allowing us to identify you as a frequent visitor to our App or Service
Site and adapt the content in order to offer you content that adapts to your
preferences. For the aforementioned purposes, we use first-party cookies and
also a third-party's cookies.
3.2.2.
Third-party analytics cookies: Similarly, our App and Service Sites use Google Analytics,
a web analytics services provided by Google, Inc ("Google"). Google
Analytics uses "cookies", which are text files placed on your
computer to help analyze how visitors use the App Site and Services Site. The
information generated by the cookie about your use of the website will be
transmitted to and stored by Google on secure servers. We hereby inform you
that the cookies are associated to the anonymous user and the computer and as
such do not provide the user's name and surname. Google will use this
information on our behalf to track your use of the App Site or Service Site,
compile activity reports and provide other services related to the App and
Service Site activity and internet usage. Google could transfer this
information to third-parties when required by law or if these third-parties
process information on behalf of Google.
For more information about the expiration times of Google Analytics
cookies, go to: https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage
3.2.3.
Third-party behavioural advertising cookies: We hereby inform you that we also uses Google Remarketing,
which will allow us, with the help of Google, to show you our most interesting
advertisements as you browse other sites. For this purpose, Google will collect
the information gathered by the cookie as you browse, for the purposes
specified here only. You can disable the use of Google cookies using Google's
Ads Preference Manager, available at www.google.com/ads/preferences .
3.3.
By
using our App and Service Sites, you agree to information about you being
processed by Google in the way and for the purposes specified above.
3.4.
It is
important to bear in mind that behavioural advertising cookies are used to
gather browsing behaviour. Behaviour-based advertising is a technique based on
Internet browsing activity that allows users to be offered advertisements or
content that correspond as closely as possible to their interests. It is a
secure and transparent technique that aims to offer the user more control.
3.5.
Consent: By
browsing and staying on our App Site or Service Site, you agree to the use of
the cookies listed above and under the terms and conditions set out in this
section dealing with Cookies.
3.6.
Disable and block cookies: In any case, we hereby inform you that as cookies are not
necessary in order to use our App Site or Service Site you can block them or
disable them by enabling the option in your browser that allows you to reject
installation of all or some cookies. The majority of browsers can warn you
about the presence of cookies or automatically reject them. If they are
rejected, you can continue using our website, although some of the services
could be limited and therefore, your experience of our website will be less
satisfactory.
3.7.
Withdraw my consent: You can reject processing of data or information by
rejecting the use of cookies by selecting the corresponding option in your
browser settings. For more information about deleting, disabling or
blocking cookies, go to http://www.aboutcookies.org/default.aspx?page=2 How to delete
cookies.
3.8.
Please
remember, cookies do not contain Personal Information such as your home
address, telephone number or credit card details. We do not exchange cookies with any
third-party websites or external data suppliers.
4.
PERMISSABLE USE OF YOUR INFORMATION
4.1.
We use
information held about you in the following ways:
4.1.1.
Submitted Information
In
this instance information is used to register and link the User to the User’s
account with Vermaak and
Partners Pathologists and to analyse the usage of the App
anonymously in order to improve the App’s performance.
4.1.2.
Device Information
In
this instance information is used anonymously or as aggregated data to improve
the usability of the App for the User.
4.1.3.
Log Information
In
this instance information is used anonymously or as aggregated data to improve
the usability of the App for the User.
4.1.4.
Unique application numbers
In
this instance information is used for analytical purposes.
4.2.
Submission of Personal Information on behalf of another
If you provide information on behalf of someone else, then
it is your responsibility to obtain the necessary consent from the person/User prior
to making the Personal Information available to Us. On receipt of the Personal Information, we will
assume that the necessary consent has been obtained and will process the
Personal Information as per your instructions. By submitting such Personal Information on
behalf of another person/User, you indemnify Us against any third-party claim,
where such third-party claim relates to Personal Information that has been
processed without the necessary consent or other available exception allowed by
law.
4.3.
Disclosure of your Personal Information
4.3.1.
We may
disclose your Personal Information to any member of our Group.
4.3.2.
We may
disclose your Personal Information to third parties:
4.3.2.1.
if We
intend to sell or buy any business or assets, in which case We may disclose
your Personal Information to the prospective seller or buyer of such business
or assets;
4.3.2.2.
if Vermaak and
Partners Pathologists or substantially all of its assets are
acquired by a third-party, in which case personal information held by it about
its clients will be one of the transferred assets; or
4.3.2.3.
if We
are under a duty to disclose or share your personal information in order to
comply with any legal or regulatory obligation or request.
4.3.2.4.
in
order to:
4.3.2.4.1. enforce or apply the EULA and other agreements or to
investigate potential breaches; or
4.3.2.4.2. protect the rights, property or safety of Vermaak and
Partners Pathologists, our clients, or others. This shall include the exchanging of information
with other companies and organisations for the purposes of fraud protection and
credit risk reduction.
4.3.3.
Kindly take note: Where We share information with third
parties outside the scope of the above we only share de-identifiable
information. When We use third-party
service providers, We disclose only the personal information that is necessary
to deliver the Service and We have a contract in place that requires them to
keep your personal information secure and not to use it for their own direct marketing
purposes.
5.
STORAGE OF YOUR PERSONAL INFORMATION
5.1.
The
Personal Information that We collect from you may be transferred to, and stored
at, a destination outside of the Republic of South Africa. It may also be processed by staff operating
outside the Republic of South Africa who work for Us or for one of our
suppliers. These staff members may be
engaged in the fulfilment of your request, order or reservation and the
provision of support services. By
submitting your Personal Information, you agree that We, and third parties
mentioned above, may transfer, store and process it accordingly. We will take all steps reasonably necessary to
ensure that your Personal Information is treated securely and in accordance
with this Privacy Policy.
5.2.
All
information you provide to Us is stored on our secure servers. Where We have given you (or where you have
chosen) a password that enables you to access certain parts of Our Sites, you
are responsible for keeping this password confidential. We ask you not to share a password with anyone.
5.3.
Unfortunately,
the transmission of information via the internet is not completely secure. Although We will do our best to protect your Personal
Information, We cannot guarantee the security of your data transmitted to Our
Sites; any transmission is therefore at your own risk. Once We have received your information, We
will use strict procedures and security features to try to prevent unauthorised
access.
5.4.
We may
collect and store personal information on your Device using application data
caches and browser web storage (including HTML) and other technology
5.5.
Records
of Personal Information will not be retained for longer than is necessary for
operational or archival purposes, unless retention of the record is required or
authorised by law. Records of Personal
Information may be retained for periods in excess of those contemplated for
historical, statistical or research purposes, subject to us establishing
appropriate safeguards against the records being used for any other purpose or
we have de-identified the record(s).
5.6.
Certain
services including social networking, chat room or forum features
Ensure
when using these features that you do not submit any personal information that
you do not want to be seen, collected or used by other users.
6.
YOUR RIGHTS
With
regard to your Personal Information that is collected and/or processed by Us,
you may exercise the following rights:
6.1.
Direct Marketing
You
have the right to ask Us not to process your Personal Information for direct
marketing purposes. We will usually
inform you if We intend to use your Personal Information for such purposes. You can exercise your right to prevent such
processing by checking certain boxes on the forms We use to collect your
Personal Information. We will not
contact you for direct marketing purposes by email or text message unless you
have given your prior consent. You can
also exercise the right at any time, and change your preferences, by contacting
Us at clientservice@vpath.co.za or
by using the unsubscribe functionality ("opt-out") on our email communications.
6.2.
Third Party Websites/Social Media Websites
Our Site
may, from time to time, contain links to and from the websites of our partner
networks, advertisers and affiliates. If
you follow a link to any of these websites, please note that these websites
have their own privacy policies and that We do not accept any responsibility or
liability for these policies. Please
check these policies before you submit any Personal Information to these
websites.
6.3.
Access to Information
You
have the right, upon receipt of written request and payment of a fee as per PAIA:
6.3.1.
to
request Us to confirm if Personal Information about you is processed;
6.3.2.
to
see/access your Personal Information kept by Us; and
6.3.3.
to
instruct Us to provide you with any Personal Information we hold about you.
6.4.
Amendments to Personal Information
You
are entitled to correct, update or amend any Personal Information you submitted
to us by contacting us at clientservice@vpath.co.za.
6.5.
Right to Erasure
You
may request Us to erase your Personal Information, for instance if the
information is unlawfully processed, or if you have withdrawn your consent.
6.6.
Right to Restrict Processing
6.7.
You
may request Us to restrict the processing of your Personal Information, if:
6.7.1.
the
information is inaccurate;
6.7.2.
the
processing is unlawful;
6.7.3.
you
need Us to retain the information after the retention period for a valid claim;
or
6.7.4.
you
have objected to the processing, and a verification of our legitimate interests
is pending.
6.8.
Right to Data Portability
You my
request Us to provide you with an electronic file of your Personal Information,
or to transfer your Personal Information to a third party if such is
technically feasible.
7.
INTERCEPTION AND MONITORING OF COMMUNICATIONS
We
reserve the right to intercept, monitor, copy or block communications to and
from our communications facilities (including, but not limited to, our Sites,
portal, email, SMSs, etc) in accordance with the relevant provisions of the
law.
8.
AMENDMENTS TO THIS PRIVACY POLICY
8.1.
Any
amendments We may make to this Privacy Policy in the future will be posted on
this page and, where appropriate, notified to you when you next start the App,
or log onto one of the Services Sites, where you may accept same by clicking on
“Accept”.
8.2.
The
new terms may be displayed on-screen and you may be required to read and accept
them to continue your use of the App or the Services.
9.
CONTACT DETAILS
Questions,
comments and requests regarding this Privacy Policy are welcomed and should be
addressed to clientservice@vpath.co.za.
10.
DEFINITIONS
10.1.
Companies Act means the
Companies Act, Act 71 of 2008 (as amended);
10.2.
Group means a group of companies and
shall have the same meaning attributed to it in terms of the Companies Act;
10.3.
IMEI Number means an
International Mobile Equipment Identity Number which consists of a unique numerical identifier for every mobile device
that enables users to differentiate each device from one another;
10.4.
Internet Protocol (IP) Address means a set of numbers
which are assigned to the User’s computer during a browsing session whenever
the User logs onto the Internet via the User's internet service provider or the
User's network (if the User access' the Internet from, for example, a computer
at work);
10.5.
Mac Address means a
Media Access Control Address which consists of a hardware identification number that uniquely identifies
each device on a network;
10.6.
PAIA means the
Promotion of Access to Information Act, Act 2 of 2000 (as amended);
10.7.
Personal Information
shall have the same meaning attributed to it in terms of the POPI Act;
10.8.
POPI Act means the
Protection of Personal Information Act, Act 4 of 2013;
10.9.
Services means the
services provided by Us which includes, without limitation, the provision of a
platform as a service to act as access point to a database for healthcare
professionals and all services ancillary to the aforesaid; and
10.10.
Users means users
of our App and Sites (including u!).
Version: 1.0 (last updated 18.10.2018)