Privacy Policy

POPIA AND PAIA MANUAL

Prepared in accordance with Section 51 of the Promotion of Access to
Information Act, No 2 of2000 (“PAIA”), read with and as amended by
the Protection of Personal Information and/or Special Personal
Information Act, No 4 of 2013 (“POPIA”)

This manual applies to information held by:

Hatzolah Medical Rescue, Johannesburg (Registration No: 2003/019932/08),who is registered as an NPC in terms of Schedule 1 of Act 71 of 2008 (NPO No: 017-450 NPO; and PBO No: 930000863).

PART A: HATZOLAH'S PRIVACY POLICY

This privacy policy sets out the basis on which any Personal Information, including Special Personal Information, is collected from you and/or that you provide to us and/or is used; stored; disclosed and processed by us. Please read the following carefully to understand our practices regarding your Personal Information and/or Special Personal Information, how we will treat it and your rights in relation to that information.

If you do not agree with this Privacy Policy, or are concerned about any aspect as it relates to your Personal Information, please cease to use our services, website or other online or digital platform(s) offered by us and kindly contact us to discuss same.

By providing your Personal Information and/or Special Personal Information to us or by using our services, website or other online or digital platform(s) you are accepting and proving us with your express consent to the practices as described or referred to in this privacy policy.

When we refer to 'we', 'us' and 'our', we mean Hatzolah Medical Rescue, Johannesburg NPC Registration No: 2003/019932/08.

PLEASE READ THIS PRIVACY POLICY CAREFULLY. Should we ask you to provide certain information by which you can be identified when using our website and/or services then you can be assured that it will only be used in accordance with this Privacy Policy, which may, however, change from time to time.

All of the provisions of this Privacy Policy are important, but please pay special attention to the parts that are in bold writing. These parts contain information about provisions that have special consequences for you. These parts are only intended to bring such provisions to your attention, and, where necessary, to explain their essence, nature and effect. Where explanations are given, they may be contained in a box. Such boxed explanations are aids to understanding only and are not provisions themselves. They do not limit the meaning or application of the provisions, and do not apply only to the situations and examples described in the boxes or only to similar situations or examples.

The promotion of Access to Information Act, 2000, as amended, (the “PAIA”) gives third parties the right to approach, amongst others, private bodies to request information held by them, which is required in the exercise and/or protection of any rights. On request, the private bodies are obliged to release such information unless the PAIA expressly states that the records containing such information may or must not be released. This manual informs requestors of procedural and other requirements which a request must meet as prescribed by the PAIA, and further incorporates or addresses the requirements of the Protection of Personal Information Act, 2013 (“POPI”)

  1. Introduction and scope
    1. Hatzolah Medical Rescue, Johannesburg (Registration No: 2003/019932/08) ("Hatzolah" or "we" or "us" or "our") is a private emergency medical care provider and provides quality emergency response and pre-hospital care services, supporting both public and private hospitals in Johannesburg with our base being, 29 Durham St, Raedene, Johannesburg, 2192. Hatzolah is a responsible party in respect of your Personal Information (as defined in clause 3.1 below), and Special Personal Information (as defined in clause 4 below), which means that Hatzolah determines the purpose of and means for processing your Personal Information and/or Special Personal Information.
    2. Hatzolah provides, amongst other things , quality emergency medical response and pre-hospital care services, a Gemach, CRU, and wellness programs (“services”)
    3. Hatzolah is committed to protecting and respecting your privacy. We strive to ensure that our use of your Personal Information and/or Special Personal Information is lawful, reasonable, and relevant to our activities, with the ultimate goal of improving our services and your experience.
    4. We have appointed an Information Officer who is responsible for overseeing questions in relation to the Privacy Policy. You may contact our Information Officer, Darren Kahn at darrenkahn@hatzolah.co.za to discuss this Privacy Policy or your rights under data protection legislation that is applicable to you.
    5. This Privacy Policy describes how we will treat your Personal Information and/or Special Personal Information, whether provided by you to us, or collected by us through other means, including but not limited to when you engage with us, in your ordinary use of our services, in providing us with your products, services and/or donations, or in accessing our website (the "Website") or through our independent diagnostics.
    6. This Privacy Policy must, as is appropriate, be read together with Hatzolah's Website Terms of Use (https://www.hatzolah.co.za/ ), (the "Terms") and any other documents or agreements between you and us (the "Agreements") that describe the manner in which we, in specific circumstances, collect or process Personal Information and/or Special Personal Information about you. This will enable you to understand the manner in which we will process your Personal Information and/or Special Personal Information. This Privacy Policy supplements such Terms and Agreements, but does not supersede them and in the event of any conflict, ambiguity or inconsistency between this Privacy Policy, the Terms and/or the Agreements, such documents shall be construed in the following order of priority:
      1. this Privacy Policy;
      2. the Terms; and
      3. the Agreements.
    7. Your consent to the Processing of your Personal Information and/or Special Personal Information
      1. We may collect, get, receive, record, organise, collate, store, update, change, retrieve, read, process, use and share your Personal Information and/or Special Personal Information in the ways set out in this Privacy Policy. When we do one or more of these actions with your Personal Information and/or Special Personal Information, we are "Processing" your Personal Information and/or Special Personal Information (and "process" has a corresponding meaning).
      2. If you are concerned about any aspect of this Privacy Policy as it relates to your Personal Information and/or Special Personal Information, please do not continue to use our Website or our services, until you are able to engage with us in a manner that alleviates your concerns and aligns with this Privacy Policy.
      3. We may, where permitted or required to do so by applicable law, process your Personal Information and/or Special Personal Information without your knowledge or permission, if sufficient grounds of justification are present, and we will do so in accordance with the further provisions of this Privacy Policy.
  2. Who does this Privacy Policy apply to?
    1. This Privacy Policy applies to the processing by us or on our behalf, and our successors-in-title, of the Personal Information and/or Special Personal Information relating to you, being a user who accesses and/or uses our Website and/or our services including but not limited to: website users, patients, suppliers, employees, consultants, volunteers, job candidates, medical practitioners, practices and suppliers (including medical practitioners, practices and health professionals providing medical services at hospitals we transfer patients to) and other data subjects that engage with us. This Privacy Policy applies regardless of the device which you use to access our Website or to engage with us, which device is capable of using, or enabled to use, the Website including, but not limited to, internet-connected mobile devices and tablets ("Access Device").
    2. This Privacy Policy does not apply to the processing of Personal Information and/or Special Personal Information by other third parties relating to or by means of other parties' websites, products or services, such as websites linked to, from or advertised on the Website or through our products and services, or sites which link to or advertise the Website or our products, services and employees.
  3. What is Personal Information and/or Special Personal Information?
    1. "Personal Information and/or Special Personal Information" refers to private information about an identifiable living natural person or, where applicable, an identifiable existing juristic person, including, but not limited to:
      1. information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person;
      2. information relating to the education or the medical, financial, criminal or employment history of the person;
      3. any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person;
      4. the biometric information of the person;
      5. the personal opinions, views or preferences of the person;
      6. correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;
      7. the views or opinions of another individual about the person; and
      8. the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person.
    2. Personal Information and/or Special Personal Information does not include information that does not identify you (including in instances where that information has been de-identified so that it does not identify a person). The Personal Information and/or Special Personal Information that we collect about you may differ on the basis of your engagement with us or the services that you receive from us or that you provide to us.
  4. Special Personal Information
    1. We hereby notify you that, in certain circumstances, by engaging with us, we may collect certain Special Personal Information about you. "Special Personal Information" refers to details about your religious or philosophical beliefs, race or ethnic origin, trade union membership, political persuasion, health or sex life (including medical information), biometric information or information about your criminal offences or convictions.
    2. The processing of Special Personal Information requires higher levels of protection. We have implemented appropriate policies and safeguards, which we are required by law to maintain, to process Special Personal Information.
  5. WHAT PERSONAL INFORMATION AND/OR SPECIAL PERSONAL INFORMATION WE MAY COLLECT AND PROCESS
    1. While using our website or engaging with us for the provision of any of our services, you may be required to provide us with your Personal Information and/or Special Personal Information. This may happen when, for example, you send through an enquiry on a contact form on our website, you complete the pre-admission process on our website, you upload your medical information or when you use our services, especially our emergency medical services.
    2. In certain instances, you may also be required to provide us with health information and other sensitive information that is classified by POPIA as Special Personal Information. The collection of this information from you, when required, will be necessary in order to provide you with our services.
    3. Given the nature of the services we provide, we are also required to collect and process the Personal Information and/or Special Personal Information of children, for example where the patient being treated by one of our paramedics is under the age of 18 years.
  6. We may process various types of Personal Information and/or Special Personal Information about you, as follows:
      1. Identity Information, which includes information concerning your name, username or similar identifier, biometric information, marital status, title, occupation, interests, date of birth, gender, race and legal status, as well as copies of your identity documents, photographs, cctv video and audio footage, identity number, registration number and your qualifications;
      2. Personal details, such as names, family information, ages and next of kin details;
      3. Contact Information, which includes your billing addresses, delivery addresses, e-mail addresses and telephone numbers;
      4. Demographical details, such as race, and age groups;
      5. Health information and other special personal information, regarding your medical treatment (historic and current), background information, pre-admission information and admission information;
      6. Children's personal information, in relation to children (under the age of 18) who receive services, treatment and care by us;
      7. Financial Information, which includes financial information such as credit information, bank account details, insurance and medical aid information, financial statements, tax clearance certificates and VAT registration numbers;
      8. Qualification information, CV's and other personal information that may be requested throughout the recruitment process to assess and consider the job application (in relation to job applicants);
      9. Professional body registration information and practice information, (in relation to medical practitioners and medical caregivers);
      10. When visiting our website or accessing our Facebook page, anonymised data relating to your location and your browser type, browser version, the pages of our website that you visit, the date and time of your visit, the duration of time spent on the website pages and other applicable statistics are recorded by Google Analytics to analyse user behaviour on our website;
      11. Technical Information, which includes your internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access the Website or to use our products and services or engage with us;
      12. Usage Information, which includes information as to your access to and use of the Website, products and services, such as what links you went to, what content you accessed, the amount of content viewed and the order of that content, as well as the amount of time spent on the specific content and what products and services you access and use when engaging with us;
      13. Location Information, which includes geographical information from your Access Device (which is usually based on the GPS or IP location); and
      14. Marketing and Communications Information, which includes your preferences in respect of receiving marketing information from us and our third parties, and your communication preferences.
    1. We may also process, collect, store and/or use aggregated data, which may include historical or statistical data ("Aggregated Data") for any purpose, including for know-how and research purposes. Aggregated Data may be derived from your Personal Information and/or Special Personal Information but is not always considered Personal Information and/or Special Personal Information, as this data does not directly or indirectly reveal your identity. However, if we combine or connect Aggregated Data with your Personal Information and/or Special Personal Information in a manner that has the result that it can directly or indirectly identify you, we will treat the combined data as Personal Information and/or Special Personal Information, which will be managed in accordance with this Privacy Policy.
  7. How we collect your Personal Information and/or Special Personal Information
    1. We collect your Personal Information and/or Special Personal Information in the following ways:
      1. through direct or active interactions with you;
      2. through automated or passive interactions with you;
      3. from third parties and public sources; and
      4. through CCTV footage.
    2. Direct or active collection from you
      1. We may require that you submit certain information:
        1. to enable us to render provision of our services or pass on your information to allow other ambulance or medical services to assist you;
        2. to enable you to access portions of the Website or Facebook page;
        3. to subscribe to our publications;
        4. to request marketing or information about our events to be sent to you;
        5. to apply for job opportunities;
        6. to make contact with our partners and employees;
        7. to grant you access to our premises;
        8. to enable you to facilitate the conclusion of an agreement with us; and
        9. that is necessary for our fulfilment of our statutory or regulatory obligations.
      2. We also collect Personal Information and/or Special Personal Information directly from you when you communicate directly with us, for example when you complete certain application forms (including patient histories), via e-mail, telephone calls, feedback forms, registering for and attending events, giving us your business card, through CCTV footage, site comments or forums.
      3. Our call centres record their calls for quality control and record-keeping purposes. When you contact our call centres, the information you give us will be used to render provision of our services, investigate and resolve your query, complaint or request. Our call centres are committed to keeping your personal information safe and secure. Please take care not to provide more information than what we ask for. Never give us your banking details, credit card details or any passwords.
      4. If you contact us, we reserve the right to retain a record of that correspondence in accordance with our Record Retention Policy and applicable data protection legislation, which may include Personal Information and/or Special Personal Information.
      5. The Personal Information and/or Special Personal Information that we actively collect from you may include any of the Personal Information and/or Special Personal Information listed in this Privacy Policy.
      6. Generally, the collection of Personal Information and/or Special Personal Information from you and/or any other sources referred to above is mandatory in order to achieve the purpose for which it is being collected by us (as set out below). We will notify you where the collection of certain Personal Information and/or Special Personal Information is voluntary and not mandatory. The refusal to provide us with the mandatory Personal Information and/or Special Personal Information that we may require, may have an impact on our ability to provide you with our services or to provide you with proper treatment and care.
    3. Passive collection from your Access Device when browsing our Website
      1. We may passively collect certain of your Personal Information from the Access Device that you use to access and navigate the Website, by way of various technological applications, for instance, using server logs to collect and maintain log information.
      2. We also use cookies and anonymous identifiers which enable our computer system to recognise you when you next visit the Website to distinguish you from other users and to improve our service to you, and which can be used to enhance the content of the Website and make it more user-friendly, as well as to give you a more personalised experience.
      3. A cookie is a small piece of data (an alphanumeric identifier) which our computer system transfers to your Access Device through your web browser when you visit the Website and which is stored in your web browser. When you visit the Website again, the cookie allows the site to recognise your browser. Cookies may store user preferences and other information.
      4. You may disable the use of cookies by configuring your browser to refuse all cookies or to indicate when a cookie is being sent. However, please note that some parts of the Website will not function properly if you refuse cookies and you may not be able to enjoy all of the features and functionality of the Website.
      5. The Personal Information that we passively collect from your Access Device may include your Identity Information, your Contact Information, your Technical Information, your Profile Information, your Usage Information, your Location Information and your Marketing and Communications Information, or any other Personal Information which you permit us, from time to time, to passively collect from your Access Device.
    4. Collection from third parties and public sources
      1. In certain circumstances we may also collect your Personal Information and/or Special Personal Information from other sources, such as when you are being treated by us. In these circumstances we may, for example, collect your personal information, including your health information, from your family member, friend, your medical aid scheme (including the scheme administrator) or any third-party medical insurer you have contracted with, and other medical practitioners and allied health professionals involved in your treatment and care.
      2. We receive Personal Information and/or Special Personal Information about you from various third parties including recruitment agencies, suppliers of background checks services and publicly available sources.
    5. CCTV
      1. We collect Personal Information and/or Special Personal Information about you through CCTV cameras installed at our premises and/or on our vehicles for safety, health and security reasons.
  8. How we use your Personal Information and/or Special Personal Information
    1. We use your Personal Information and/or Special Personal Information for the following purposes:
      1. To attempt and/or to render services to you;
      2. To process any other enquiry that you may make with us, whether through our website, or directly with us;
      3. To assess any medical treatment, you may require;
      4. To provide you with appropriate treatment and care and to enable treating medical practitioners, medical practices and other medical persons involved in your treatment and care, to provide you with appropriate treatment and care. In providing you with appropriate treatment and care it is important to note that some of your Personal Information and/or Special Personal Information, including where necessary your health information, will be displayed in our ambulances and provided to third-party hospitals, treatment facilities and or medical practitioners who will take-over your care from us. While we will take all reasonably practical steps to minimise the personal and health information displayed in our ambulances, the personal and health information that is displayed on these information boards is critical, essential and necessary for your treatment and care;
      5. To process any claim that may be made on your behalf through your medical aid scheme (including the scheme administrator) or any third party medical insurer you have contracted with;
      6. To process any medical claim that may be made by us with the Road Accident Fund (under the Road Accident Fund Act) or the Compensation Fund (under the Compensation for Occupational Injuries and Diseases Act) or any other similar body, in relation to your treatment and care;
      7. To comply with all legislative and legal requirements placed on us, which may include, but not be limited to, legislative reporting and document retention periods and where the law requires that information regarding certain diseases be notified to the authorities;
      8. To conclude or perform a contract with you, or to take any take steps linked to or necessary for the conclusion or performance of a contract with you;
      9. Internal record keeping;
      10. improve our services;
      11. for safety and security reasons,
      12. to contact you for market research purposes. We may contact you by email, phone, fax or mail;
      13. to contact you regarding current or new fundraising initiatives or request for donations and community outreach (provided you have consented to receiving such marketing material);
      14. to inform you of new features, special offers and promotional competitions (provided you have consented to receiving such marketing material);
      15. to improve your experience on our Website by, inter alia, monitoring statistical non-personal browsing habits, and to transact with us;
      16. to comply with our statutory obligations, including patient identification and verification as part of our obligations, and screening patients and visitors' health when accessing our premises to comply with Covid-19 regulations and protocols;
      17. to conduct the recruitment and hiring processes, which includes conducting criminal record and credit checks (where appropriate), the capturing of a job applicant's details and providing status updates to job applicants;
      18. in relation to supplier information, to create supplier profiles on our systems, pay suppliers, and for general supplier administration;
      19. To improve our services, the quality of our care, the quality of the medical technology that we have available, and to manage our relationship with you, for example by asking for your feedback on the services and quality of care you received from us or through the completion of a customer service satisfaction survey;
      20. To perform general administrative, operational, management and performance functions and activities relating to the operation and running of our business and of our website, and for the purposes of managing our legal and operational affairs;
      21. to retain and make information available to you on the Website;
      22. to maintain and update our respective databases;
      23. to establish and verify your identity on the Website;
      24. to operate, administer, secure and develop the Website and the performance and functionality of the Website;
      25. to detect, prevent or manage actual or alleged fraud, security breaches or the abuse, misuse or unauthorised use of our systems and files, the Website and/or contraventions of this Privacy Policy and/or the Terms and/or the Agreements;
      26. to inform you about any changes to the Website, this Privacy Policy or other changes that are relevant to you;
      27. to create user profiles, compile and use statistical information (including non-personal information) about you and other users and their access to the Website and to analyse and compare how you and other users make use of the Website, including (without limitation) their browsing habits, click-patterns, preferences, frequency and times of use, trends and demographic information including recommendations to users and tailoring information and content for users;
      28. sending statements and any other legal documents,
      29. any other purpose relating to providing services,
      30. when we have a legal duty to use or disclose your information.
      31. to offer you information and content which is more appropriately tailored for you as far as reasonably possible;
      32. for security, administrative, insurance and legal purposes;
      33. for patient relations purposes;
      34. to contact your next-of-kin;
      35. to communicate with you and retain a record of our communications with you and your communications with us;
      36. to fulfil any contractual obligations that we may have to you or any third party;
      37. to invite you to functions or events that we may host;
      38. to analyse and compare the types of Access Devices that you and other users make use of and your physical location; and
      39. For reporting (including but not limited to efficiency management and reporting), statistical, analytical, research and historical purposes;
      40. for other activities and/or purposes which are lawful, reasonable and adequate, relevant and not excessive in relation to the provision of our services and/or the use of the Website, our business activities or such other purpose for which it was collected.
      41. Where necessary, for any purposes which are in our, your or a third party’s legitimate interests;
    2. We will obtain your permission before collecting or using your Personal Information and/or Special Personal Information for any other purpose.
    3. Where applicable, for general marketing and communication purposes, where you are a patient of ours or where we have received your consent to receive these communications, and in compliance with the provisions of POPIA. You will be given the opportunity to unsubscribe from any marketing communications, general communications and/or newsletters at any time, and with each communication received
  9. Compulsory Personal Information and/or Special Personal Information and consequences of not sharing it with us
    1. The following information is compulsory Personal Information and/or Special Personal Information:
      1. your name and surname;
      2. your contact details, such as your email address and/or your telephone number.
    2. Depending on the nature of your engagement or relationship with us, other types of Personal Information and/or Special Personal Information may be necessary, including:
      1. medical information;
      2. financial (including bank account details, tax information and medical aid etails);
      3. names and registration numbers as contained in documents issued by the Companies and Intellectual Property Commission and the South African Revenue Service; and
      4. information which may be necessary to ensure our compliance with the Financial Intelligence Centre Act, 38 of 2001.
    3. All other Personal Information and/or Special Personal Information is optional. If you do not agree to share the above-mentioned compulsory Personal Information and/or Special Personal Information with us, then you may not be able to receive our services, engage with us, supply your products or services to us or make full use of our services and/or the features that are offered to Website users. If you do not agree to share your optional information with us, then you might not be able to engage with us fully, be paid for your products and services or receive complete and accurate services from us or enjoy all of the features and functionality on the Website, including certain content and services.
    4. In the clause above, you agree and accept that there is certain compulsory Personal Information and/or Special Personal Information you must provide us with. If you decide not to provide us with such compulsory Personal Information and/or Special Personal Information, you agree that we may limit our engagement with you, our procurement of your products and services or our ability to supply you with services and certain features and functionality on the Website.
  10. Sharing of your Personal Information and/or Special Personal Information
    1. We will not intentionally disclose your Personal Information and/or Special Personal Information, whether for commercial gain or otherwise, other than with your permission, as permitted by applicable law or in the manner as set out in this Privacy Policy.
    2. You agree and give permission for us to share your Personal Information and/or Special Personal Information under any one or more of the following circumstances:
      1. If it is necessary in order to provide you with a service that you have requested or contracted us to provide or source on your behalf;
      2. If it is necessary in order to provide you with proper treatment and care;
      3. If it is in your legitimate interest;
      4. If it is necessary for the proper performance of a public law duty by a public body;
      5. If it is required or authorised by law;
      6. If you have provided us with your consent;
      7. Disclosure to third party medical practitioners, medical practices or medical facilities who are involved in your treatment and care;
      8. Disclosure to your next-of-kin the event of your death or permanent disability;
      9. Disclosure to your medical scheme and its medical scheme administrator, the Road Accident Fund (under the Road Accident Fund Act) or the compensation fund (under the Compensation for Occupational Injuries and Diseases Act) or any other similar body, for the purposes of submitting and processing any claims to made to these parties associated with the treatment and care provided to you;
      10. Disclosure to our suppliers, subcontractors, affiliates, partners, agents and professional advisors, insurance underwriters and/or brokers, our insurers (“Service Providers”), in order to provide you with our services, to provide you with proper treatment and care, for efficiency reporting purposes or generally as required for the administration and management of our business or for our protection and/or to enforce our rights. In these instances, we will ensure that the necessary security safeguards and confidentiality undertakings are in place to secure your personal information. We will only allow third parties to process your personal information for a specific purpose, in accordance with our instructions and in accordance with the requirements of POPIA and any other applicable data privacy laws;
      11. Disclosure to our employees, who may require that information to do their work ;
      12. Disclosure to regulators and government authorities in connection with our compliance procedures and legal obligations;
      13. Disclosure to a third party, in order to enforce or defend our rights, or to address financial or reputational risks.
      14. Disclosure to our employees, suppliers, consultants, contractors and agents if and to the extent that they require such Personal Information and/or Special Personal Information in order to process it for us and/or in the provision of services for or to us, which include know-how and research, reporting purposes (e.g. the South African Revenue Service); hosting, development and administration, technical support and other support services relating to the Website or the operation of our business. We will authorise any Personal Information and/or Special Personal Information processing done by a third party on our behalf, amongst other things, by entering into appropriate arrangements with those third parties governing our relationship with them and containing confidentiality, non-disclosure and data protection provisions. Such persons may be disciplined, their contracts terminated or other appropriate action taken if they fail to meet their obligations;
      15. to enable us to enforce or apply our Terms and/or any Agreement you have with us;
      16. to enable us to monitor web traffic: web servers serving the website automatically collect information about pages you visit. This information is used for internal review, to tailor information to individual visitors and for traffic audits;
      17. to protect our rights, property or safety or that of our patients, employees, contractors, suppliers, agents and any other third party;
      18. Disclosure to governmental agencies and other regulatory or self-regulatory bodies, if required to do so by law or when we reasonably believe that such action is necessary to:
        1. comply with the law or with any legal process;
        2. protect and defend the rights, our property or safety, or our patients, employees, contractors, suppliers, agents or any third party;
        3. detect, prevent or manage actual or alleged fraud, security breaches, technical issues, or the abuse, misuse or unauthorised use of the Website and/or contraventions of this Privacy Policy; and/or
        4. protect the rights, property or safety of members of the public (if you provide false or deceptive information or misrepresent yourself, we may proactively disclose such information to the appropriate regulatory bodies and/or commercial entities).
    3. We will endeavour to get your permission before disclosing your Personal Information and/or Special Personal Information to any third party for any other purpose not listed herein, if we are required by law to do so.
  11. Storage and transfer of your Personal Information and/or Special Personal Information
    1. We store your Personal Information and/or Special Personal Information on:
      1. our premises, in the form of hard copies;
      2. the premises of third party service providers such as document storage service providers;
      3. our servers; or
      4. on the servers of our third party service providers, such as IT systems or hosting service providers.
    2. In the event of the scenarios contemplated in clauses 11.1.2 and 11.1.4, we will ensure that we have entered into arrangements with those third party service providers governing our relationship with them that require them to secure the integrity and confidentiality of Personal Information and/or Special Personal Information in their possession by taking appropriate, reasonable technical and organisational measures.
    3. From time to time, we and our service providers may need to transfer to and/or store your Personal Information and/or Special Personal Information on servers in a jurisdiction other than where it was collected (i.e. outside of South Africa) and we hereby notify you that such jurisdiction may not have comparable data protection legislation.
    4. If the location to which Personal Information and/or Special Personal Information is transferred and/or is stored does not have substantially similar laws to those of South Africa, which provide for the protection of Personal Information and/or Special Personal Information, we will take reasonably practicable steps, including the imposition of appropriate contractual terms to ensure that your Personal Information and/or Special Personal Information is adequately protected in that jurisdiction.
    5. Please contact us if you require further information as to the specific mechanisms used by us when transferring your Personal Information and/or Special Personal Information outside of South Africa or to a jurisdiction that is different to the one in which we collected your Personal Information and/or Special Personal Information.
  12. Security
    1. We take reasonable technical and organisational measures to secure the integrity of your Personal Information and/or Special Personal Information and using accepted technological standards to prevent unauthorised access to or disclosure of your Personal Information and/or Special Personal Information, and protect your Personal Information and/or Special Personal Information from misuse, loss, alteration and destruction.
    2. We review our information collection, storage and processing practices, including physical security measures periodically, to ensure that we keep abreast of good practice.
    3. We also create a back-up of your information for operational, business continuity and safety purposes and we have a back-up disaster recovery program.
    4. Despite the above measures being taken when processing Personal Information and/or Special Personal Information, subject to the provisions of this clause, as far as the law allows, we will not be liable for any loss, claim and/or damage arising from any unauthorised access, disclosure, misuse, loss, alteration or destruction of your Personal Information and/or Special Personal Information.
    5. We have implemented policies and procedures to address actual and suspected data breaches and undertake to notify you and the relevant regulatory authorities of breaches in instances in which we are legally required to do so and within the period in which such notification is necessary.
    6. In this clause, you acknowledge that you know and you accept that technology is not absolutely secure and there is a risk that your Personal Information and/or Special Personal Information will not be secure when processed by means of technology. We do not promise that we can keep your Personal Information and/or Special Personal Information completely secure. To the maximum extent permitted by law, you will not be able to take action against us if you suffer losses or damages in these circumstances.
  13. Retention of your Personal Information and/or Special Personal Information
    1. We may keep your Personal Information and/or Special Personal Information for as long as you continue to engage with us or potentially will engage with us, provide services or products to us, access the Website and content and/or use our products and/or services or for as long as reasonably necessary or until you contact us and ask us to destroy it.
    2. Aside from clause 13.1 above and any other clause in this Privacy Policy, we may retain and process some or all of your Personal Information and/or Special Personal Information if and for as long as:
      1. required by law or any code of conduct;
      2. required to meet regulatory requirements;
      3. needed for evidentiary purposes, to resolve disputes, to prevent or investigate fraud and abuse, or to enforce any contract concluded with you;
      4. reasonably required for lawful purposes that are related to our function, operations or activities;
      5. required for historical, research or statistical purposes. In these circumstances we will take measures to de-identify this personal information as far as reasonably possible.
      6. we are required or permitted by law, our Record Retention Policy or a contract with you to do so;
      7. we reasonably need it for lawful purposes related to the performance of our functions and activities;
      8. we reasonably require it for evidentiary purposes; or
      9. you agree to us retaining it for a specified further period.
    3. To determine the appropriate retention period for Personal Information and/or Special Personal Information, we will consider, among other things, the nature and sensitivity of the Personal Information and/or Special Personal Information, the potential risks or harm that may result from its unauthorised use or disclosure, the purposes for which we process it and whether those purposes may be achieved through other means. We will always comply with applicable legal, regulatory, tax, accounting or other requirements as they pertain to the retention of Personal Information and/or Special Personal Information, as well as our Record Retention Policy.
  14. Maintenance of your Personal Information and/or Special Personal Information
    1. Where required by law, we will take all reasonable steps to ensure that your Personal Information and/or Special Personal Information is accurate, complete, not misleading and up to date.
    2. We also acknowledge that you may have rights of access to and the right to rectify your Personal Information and/or Special Personal Information, and rights to object to the processing of your Personal Information and/or Special Personal Information in certain circumstances (clause 15 below contains further information about these rights).
    3. You must let us know if any of the Personal Information and/or Special Personal Information that we have about you is incorrect, incomplete, misleading or out of date, by notifying us at the contact details set out in clause 1.3 above or where applicable, by notifying your Hatzolah contact.
    4. Where required by law, we will take reasonable steps to correct or update your Personal Information and/or Special Personal Information accordingly, having regard to the purpose for which such Personal Information and/or Special Personal Information was collected or used.
  15. Your rights
    1. Data protection legislation including POPI, may confer certain rights on you in respect of your Personal Information and/or Special Personal Information. We aim to be clear about what Personal Information and/or Special Personal Information we collect so that you can make meaningful choices about what Personal Information and/or Special Personal Information you make available to us. You may, for example:
      1. Block all cookies, by setting your browser to do so, including cookies associated with our products and services or to indicate when a cookie is being sent by us
      2. Request access to your Personal Information and/or Special Personal Information (commonly known as a "data subject access request"), which indicates what Personal Information and/or Special Personal Information we have about you.
      3. Request the correction of your Personal Information and/or Special Personal Information, in order to ensure that any incomplete or inaccurate Personal Information and/or Special Personal Information is corrected.
      4. Request erasure of your Personal Information and/or Special Personal Information, where there is no lawful basis (including a contractual basis) for the retention or continued processing of it.
      5. Object to the processing of your Personal Information and/or Special Personal Information for a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms.
      6. Request restriction of processing of your Personal Information and/or Special Personal Information. This enables you to ask us to suspend the processing of your Personal Information and/or Special Personal Information in limited circumstances, which may differ by jurisdiction.
      7. Withdraw consent which you previously gave to the processing of your Personal Information and/or Special Personal Information at any time. You may withdraw your consent for us to process your Personal Information and/or Special Personal Information at any time. The withdrawal of your consent can only be made by you on condition that such withdrawal of your consent:
        1. does not affect the processing of your Personal Information and/or Special Personal Information before the withdrawal of your consent; or
        2. does not affect the processing of your Personal Information and/or Special Personal Information if the processing is in compliance with an obligation imposed by law on us; or
        3. does not affect the processing of your Personal Information and/or Special Personal Information where such processing is necessary for the proper performance of a public law duty by a public body; or
        4. does not affect the processing of your Personal Information and/or Special Personal Information as required to finalise the performance of a contract in which you are a party; or
        5. does not affect the processing of your Personal Information and/or Special Personal Information as required to protect your legitimate interests or our own legitimate interests or the legitimate interests of a third party to whom the information is supplied.
      8. Withdrawal of consent may limit our ability to provide certain products and services to you or the ability of a third party to provide certain products or services to you, but will not affect the continued processing of your Personal Information and/or Special Personal Information in instances in which your consent is not required. If you want us to delete all personal information we have about you, you will have to terminate all agreements you have with us and not avil yourself of our services into the future. We cannot maintain our relationship with you without having some of your personal information.
      9. Institute civil proceedings regarding an alleged interference with the protection of your Personal Information and/or Special Personal Information processed in accordance with this Privacy Policy.
    2. We can refuse to delete your information if we are required by law to retain it or if we need it to protect our rights.
    3. As far as the law allows, we may charge a fee for attending to any of the above requests, and may also refuse to carry out any of your requests in whole or in part.
  16. Changes to this Privacy Policy
    1. To the extent allowed by the law, this Privacy Policy may be amended and updated from time to time in our sole discretion, without notice, provided that if we do so, we will post the revised policy on the Website and we will take reasonably practicable steps to inform you of the updated Privacy Policy. Accordingly, please check this Privacy Policy for changes periodically. If you continue to engage with us, provide products or services to us or access or use the Website and/or products and services after amendments are made to the Privacy Policy and displayed on this Website, you will be deemed to have accepted the updated Privacy Policy.
  17. Direct Marketing
    1. We process Personal Information for the purpose of direct marketing by way of electronic communication. We will only send you direct marketing materials if you have specifically opted-in to receive these materials, or if you are a patient or donor of, or a volunteer at Hatzolah, at all times in accordance with applicable laws.
    2. If you complete the subscription form on the Website, you agree to receive marketing communication from us.
    3. You may refuse to accept, require us to discontinue, or pre-emptively block any approach or communication from us if that approach or communication is primarily for the purpose of direct marketing ("direct marketing communications").
    4. You may opt out of receiving direct marketing communication from us at any time by requesting us (in any manner, whether telephonically, electronically, in writing or in person) to stop providing any direct marketing communication to you. You may send your opt-out requests to Darren Kahn at darrenkahn@hatzolah.co.za.
  18. Third Party Sites
    1. This Privacy Policy does not apply to the websites of any other parties, or the applications, products or services such websites advertise and which may be linked to our Website, or websites that link to or advertise on our Website.
    2. We are not responsible for the privacy practices of any third party whatsoever, or for any claims, loss or damage arising from these.
    3. We advise you to read the privacy policy of each third party and decide whether you agree to their privacy practices and policies, as these third parties may also be collecting or sharing your Personal Information and/or Special Personal Information.
  19. Consumer Protection Act, Protection of Personal Information and/or Special Personal Information Act and other laws
    If this Privacy Policy or any provision in this Privacy Policy is regulated by or subject to the Consumer Protection Act, 68 of 2008, POPIA or other laws, it is not intended that any provision of this Privacy Policy contravenes any provision of the Consumer Protection Act, POPIA or such other laws. Therefore, all provisions of this Privacy Policy must be treated as being qualified, to the extent necessary, to ensure that the provisions of the Consumer Protection Act, POPIA and such other laws are complied with.
  20. General
    1. You agree that this Privacy Policy, our relationship and any dispute of whatsoever nature relating to or arising out of this Privacy Policy whether directly or indirectly is governed by South African law, without giving effect to any principle of conflict of laws.
    2. You agree that we may, at any time, transfer, cede, delegate or assign any or all of our rights and obligations under this Privacy Policy without your permission. We will notify you if we transfer, cede, delegate or assign any rights or obligations to a third party, but we do not have to notify you if we transfer, cede, delegate or assign any rights or obligations to any person which acquires all or part of our business and/or assets. We may in certain instances, also sub-contract our obligations, for example, engaging with external IT service providers or printers. Where we engage such sub-contractors, we will do so without your permission and we do not have to notify you if we sub-contract any of our obligations.
    3. Subject to clause 20.2, this Privacy Policy shall apply for the benefit of and be binding on each party's successors and assigns.
    4. Our failure to exercise or enforce any right or provision of this Privacy Policy shall not constitute a waiver of such right or provision.
    5. Each provision of this Privacy Policy, and each part of any provision, is removable and detachable from the others. As far as the law allows, if any provision (or part of a provision) of this Privacy Policy is found by a court or authority of competent jurisdiction to be illegal, invalid or unenforceable (including without limitation, because it is not consistent with the law of another jurisdiction), it must be treated as if it was not included in this Privacy Policy and the rest of this Privacy Policy will still be valid and enforceable.
  21. Queries and contact details of the Information Regulator
    1. Should you feel that your rights in respect of your Personal Information and/or Special Personal Information have been infringed, please address your concerns to the Information Officer at Darren Kahn at darrenkahn@hatzolah.co.za. If you feel that the attempts by us to resolve the matter have been inadequate, you may lodge a complaint with the South African Information Regulator by accessing their website at www.justice.gov.za/inforeg,
    2. If you are located outside of South Africa, you may contact the appropriate regulator in your country of domicile.