Notice of Privacy Practices to Data Subjects (Patients/Clients) when Collecting Personal Information
PRIVACY NOTIFICATION
In terms of section 18 of the POPIA Act, we need to make our data subjects (patients) aware of certain information and rights in terms of the POPIA Act. The POPIA Act does not describe how we are to notify you, but the international standard is to do it with a Privacy Notification.
This Privacy Notification lets you know what happens to any personal Information that you give to us, or any that we may collect from or about you.
This privacy notice applies to Personal Information processed by or on behalf of the Practice where we act as the Responsible Party.
We at Dr Laylah Fayker’s Practice Rooms, are committed to protecting your privacy and ensuring that your personal information is collected, used, and shared in compliance with the Protection of Personal Information Act (POPIA). This privacy policy outlines how we collect, process, store, and protect your personal information when you interact with us.
For any questions regarding this policy or your personal information, please contact us at admin@capetownmed.com or call us on 062 005 2300.
By using our services, you agree to the terms outlined in this privacy policy.
What Personal Information do we collect?
Personal Information is collected either by voluntary action, automatic process or via third-party processors.
Voluntary: We have access to/collect personal information that you voluntarily give us via internal collection points, email, WhatsApp or other direct contact from you. Typically, we may collect, use and store the following categories of personal information about you: (but not limited to) -
Identifying particulars – for example, names, identification numbers, company registration numbers, etc. for accounting, service delivery and payment purposes;
Contact information – for example, addresses, telephone numbers, e-mail addresses, etc;
Personal Information you choose to provide to us;
Personal Information when you contact us directly;
Personal Information you provide through our websites.
Personal Information from former, current and prospective clients, our suppliers and their employees, as well as contractors and others;
Automatic: We may also have access / collect Personal information that we collect automatically when you visit our website.
Third Parties: We may also collect information about you through our trusted third-party sources to assist us in providing product and service offerings to you, for example, doctors, specialists, allied specialists, hospitals, employers, insurers, etc.
In terms of the POPIA Act, we must have accurate and up-to-date information about you. Please check that your details are correct whenever you visit us and inform us of any changes.
The purpose for which the information is being collected
1. The data collected as part of the process of healthcare will include a wide variety of information all of which is necessary as part of the process of making a diagnosis, recording the rationale for treatment and the treatment provided and appropriately communicating with others who have responsibility for other aspects of care.
2. We will only use your personal information when the law allows us to. Most commonly, we will use your personal information in the following circumstances:
2.1. The processing is necessary to perform a contract with you or take steps to enter into a contract at your request.
2.2. The processing is necessary for us to comply with a relevant legal obligation.
2.3. The processing is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
2.4. You have consented to the processing.
2.5. We may also use your personal information in the following situations:
(a) Where we need to protect your interests (or someone else’s interests).
(b) Where it is needed in the public interest or for official purposes
3. We only collect Personal Information for the specific, explicitly defined and lawful purpose of conducting our business.
4. Direct Marketing
(a) We may use your personal information to periodically send you direct marketing communications about products or our related services that we think may be of interest to you. This will be in the form of email, WhatsApp, social media or targeted online advertisements. We limit direct marketing to a reasonable and proportionate level, based on the information we have about you.
(b) Where opt-in consent is required, we will ask for your consent.
(c) You have a right to stop receiving direct marketing at any time by contacting us at 062 005 2300, or by emailing us at admin@capetownmed.com.
Is the supply of the information voluntary or mandatory?
Supplying certain types of information is mandatory in terms of legislation and regulations. For example, in terms of the Consumer Protection Act, a supplier of goods or services must provide a written record of each transaction to the consumer to whom any goods or services are supplied. In terms of the Basic Conditions of Employment Act, we need to process certain Personal Information from our employees.
Any particular law authorising or requiring the collection of information
If your Personal Information is collected in terms of a particular law authorising or requiring the collection of the information, we will take steps to ensure that you are aware of that.
Failure to provide the requested information
This personal information is required to perform services provided at your request, and failure to provide any information may result in our inability to provide you with the requested services.
Transfer of information to another country
If your Personal Information is transferred outside the Republic of South Africa to third-party service providers, we will take steps to ensure that your Personal Information receives the same level of protection as if it remained within the Republic.
Recipient or category of recipients of the information
Your Personal Information will be treated as prescribed by the 8 Conditions for the Lawful Processing of Personal Information in the POPIA Act. We may share your Personal Information with:
Medical Care, including
Other Healthcare Providers, Hospitals, Private Hospitals and Clinics, Physiotherapists, Occupational Therapists, Speech and Language Therapists, Social Workers
Palliative Care Services, Pharmacies, Nursing Homes, Counselling Services, Diagnostic Imaging Services, Hospital Laboratories, Practice Support Staff, other health care providers
Service Providers - We may disclose the information we collect from you to third-party contractors, technology and other service providers or agents who perform functions on our behalf or are engaged with us. These service providers are allowed to access and use the information we make available to them only as needed to perform their functions and for no other purposes, subject to appropriate contractual restrictions and security measures.
In Response to Legal Process - We may disclose the information we collect from you to comply with the law, a legal proceeding, a court order, or other legal process, such as in response to a court order or a subpoena.
Third Parties with explicit consent –
Third parties used to facilitate payment transactions, for example, clearing houses, clearing systems, financial institutions, and transaction beneficiaries.
Third parties where you have a relationship with that third party, and you have consented to us sending information.
Third parties for marketing purposes (e.g., our partners and other third parties with whom we work and whose products or services we think will interest you in the operation of your business activities.)
To Protect Us and Others - We also may disclose the information we collect from you where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of this Privacy Notification, or as evidence in litigation in which we are involved.
Government or Legal Obligation - Government bodies, regulators and any other third party necessary to meet our legal and regulatory obligations.
Professional Advisors - our professional advisors and auditors for the purpose of seeking professional advice or to meet our audit responsibilities.
Retention of Personal Information
We will retain your personal information only for as long as necessary to fulfill the purposes for which it was collected, or as required by law. Once your personal information is no longer needed, we will securely delete or anonymise it.
Use of Cookies and Tracking Technologies
We may use cookies and other tracking technologies on our website to enhance your experience. Cookies allow us to track your interactions, preferences, and usage of our site. You can control or disable cookies through your browser settings, but doing so may affect the functionality of our website.
Changes to the Privacy Policy
We may update this privacy policy from time to time. Any changes will be posted on this page with an updated "Effective Date". We encourage you to review this policy periodically to stay informed about how we are protecting your personal information.
Your Rights as a Data Subject
As a Data Subject in terms of the POPIA Act, you have the following rights:
Right to be Notified:
The right to be notified that -
Personal Information about you is being collected – our Section 18 Privacy Notification; and
your Personal Information has been accessed or acquired by an unauthorised person;
Right of Access:
The right to establish whether we hold Personal Information of you and to request access to your Personal Information.
Right to Correction, Destruction or Deletion:
The right to request, where necessary, the correction, destruction or deletion of your Personal Information
Right to Objection:
The right to object –
on reasonable grounds relating to your particular situation to the processing of your Personal Information;
to the processing of your Personal Information -
at any time for purposes of direct marketing; or
for purposes of direct marketing using unsolicited electronic communications
Right with regards to Automated Processing:
The right not to be subject, under certain circumstances, to a decision which is based solely on the automated processing of your Personal Information intended to provide a profile of you.
Right to Complain:
The right to –
Submit a complaint to the Information regulator regarding the alleged interference with the protection of the Personal Information of any Data Subject or submit a complaint to the Regulator in respect of a determination of an adjudicator as; and
To institute civil proceedings regarding the alleged interference with the protection of your Personal Information.
Contact Us
If you have any questions, concerns, or requests regarding this privacy policy or how we process your personal information, please address your concerns with our information officer.
Information Officer: Keshia Africa
Email: admin@capetownmed.com
Phone: 062 005 2300