Privacy Policy

Drs Dietrich, Voigt, Mia and Partners t/a PathCare (“We” / “Us” / “Our”/ “Pathcare”) 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.  PATHCARE Results Apps application software for mobile devices (“App”) (hosted at Pathcare 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 PartyDrs Dietrich, Voigt, Mia and Partners t/a PathCare, PathCare Business Centre, PathCare Park, Neels Bothma Street, N1 City, Western Cape, South Africa, 7460
Personal InformationInformation relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person
Data SubjectThe 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. Our Sites make use of cookies to help us understand our Users better.

“Cookies” are small pieces of information sent by an organisation to your computer and stored on your hard drive to allow that website to recognise you when you visit. Cookies do not harm your computer or any files on your computer in any way.

3.2. Cookies allow Us to better understand which Users have seen which web pages, to determine how frequently particular pages are visited and to determine the most popular areas of Our Site. Depending on the type of cookie We use, cookies also allow Us to make Our Sites more user friendly. We use cookies, for example, to store your country preference or permanent cookies which allow Us to save your password so that you don’t have to re-enter it every time you visit Our Site.

3.3. Third party vendors use cookies to serve ads based on a User’s prior visits to Our Site or other websites. Users may opt-out of Google’s use of cookies by visiting the Google Advertising Settings Page or the Network Advertising Initiative’s opt-out page for other third-party vendors’ use of cookies.

3.4. You should be able to adjust your browser so that your computer does not accept cookies. If you do this, you will still be able to browse the website but the functions that allow you to access an existing account or page that requires a username or password will not be available.

3.5. You can, alternatively, adjust your browser to notify you when a website attempts to put a cookie on your computer. How you adjust your browser to stop it accepting, or to notify you, of cookies, will depend on the type of internet browser programme your computer uses.

3.6. 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 Pathcare 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 PathCare 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 PathCare, 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 clients@pathcare.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 clients@pathcare.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 clients@pathcare.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 15.10.2018)

 

 

Pin It on Pinterest

Share This