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)