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Privacy Policy

1. INTRODUCTION

a. This document is based on the Protection of Personal Information Act 4 of 2013 (often called the POPI Act or POPIA), which came into effect on 01-July-2021.

b. This Privacy Policy applies to Rosebank Physio (Pty) Ltd (“Rosebank Physio”).

c. Rosebank Physio acknowledges the rights of privacy and dignity of all persons. This includes the right to protection of private information.

d. Our Privacy Policy governs the way we, at Rosebank Physio, treat and deal or process your personal information. We respect your privacy and undertake to treat your personal information as confidential. Our Privacy Policy explains how we use, collect and share your personal information. We undertake to ensure that all patient information will be protected from unauthorised access, loss or damage and respected as confidential by all staff members, contractors, volunteers or learners, and in the unfortunate event that your information is compromised, we will follow the process outlined in the Protection of Personal Information Act.

e. If you do not agree to the terms of this Privacy Policy, you may choose not to use the Rosebank Physio website, and/or its services and not submit any personal information.

2. WHAT IS PERSONAL INFORMATION?

a. Personal information means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to:

i. 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;

ii. any identifying number, symbol, email address, physical address, telephone number, location information, online identifier or other particular assignment to the person;

iii. the preferences of the person in relation to receiving physiotherapy services;

iv. 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;

v. the views or opinions of another professional healthcare practitioner about the person; and

vi. 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.

Personal information will be collected from you directly or from a healthcare professional that is providing medical treatment to you. This may be done prior to or after a physiotherapy treatment session, during the session and/or any other interactions. Where the law requires that information regarding certain ailments and diseases be notified to the authorities Rosebank Physio will do so without delay. We may also collect, use and share aggregated data such as statistical or demographic data for any purpose. Aggregated data may be derived from your personal information but is not considered personal information in law as this information does not, directly or indirectly, reveal your identity.

3. PROCESSING OF PERSONAL DATA PRINCIPLES

a. It is important to recognise for each process or decision that the following is considered before release of information.

i. Does it justify the purpose?

ii. Is the minimum patient identifiable detail disclosed?

iii. Access to information is on a strict need-to-know basis only.

iv. Everyone involved with patient information understands his/her responsibilities in this regard.

v. Compliance with the law is not negotiable.

b. Right to refuse or permit the sharing of information

i. Rosebank Physio abides by the provisions of the National Health Act 61 of 2003 as well as the Patient Rights Charter, both of which grant a patient full participation in his/her health care management, including how to deal or treat patient information.

c. Sharing with Managed Care and authorised Third Parties

i. In accordance with medical aid membership, a health care worker is obliged to share medical information with the medical aid to which the member belongs.

d. Privacy within the Practice

i. It is important that the environment within the practice gives due consideration to the privacy of patients (for example, tone of voice, closure of curtains, records out of reach of general public during visiting hours, not discussing patients in corridors or public places).

e. Patient records will be archived by Rosebank Physio as defined in Clause 5 of this document. Records remain active whilst a patient is deemed to be a current patient. Should the patient cease to be a current patient, his/her record is archived and shall only be made available in terms of the stipulations of the Promotion to Access of Information Act (PAIA).

f. Rosebank Physio premises may have CCTV cameras in place that will record movement on common premises, such as corridors. Except for this, the filming and video of patients is strictly prohibited, unless consent is obtained in advance.

g. Rosebank Physio may use data for marketing purposes, but explicit Opt-Out functionality will be available to manage your participation in these products and service offerings.

h. To ensure continuous improving of the care and service offering, patients may be asked to complete service experience questionnaires.

i. Clinical research and trials are completed in accordance with legislative requirements as set out in the National Health Act 61 of 2003. All research participants shall be required to submit written consent.

4. PURPOSES FOR WHICH ROSEBANK PHYSIO CARE USES YOUR PERSONAL INFORMATION

a. Any information collected from you may be processed for, amongst  others, the following purposes:

i. To provide you with products and services

ii. To process your physiotherapy session

iii. To make an online appointment

iv. To assess your psychiatric, psychological or addictive condition

v. To assess your medical condition

vi. To diagnose and attend to technical issues, support and user queries

vii. To process any other enquiry

viii. For statistical and research purposes

ix. To comply with legislative requirements

x. To detect, prevent or deal with actual or alleged fraud, security breach, or the abuse, misuse or unauthorised use of the website and/or contravention of this Privacy Policy

xi. For first appointments a proof of identity may be required from patients

xii. All existing personal information of patients will be updated with every subsequent visit to Rosebank Physio.

5. RETENTION OF PERSONAL INFORMATION

a. All patient information will be archived as per regulatory requirements and our documented Retention Policy.

6. SECURING YOUR PERSONAL INFORMATION

a. Rosebank Physio takes the security of your personal information very seriously. Although absolute security cannot be guaranteed, Rosebank Physio will take reasonable technical and organisational measures to protect your personal information against accidental, unauthorised or intentional manipulation, loss, misuse, destruction, disclosure or access.

b. Rosebank Physio will not be held liable under any circumstances if such information is compromised or disclosed through conduct outside the control of Rosebank Physio.

7. DISCLOSURE OF YOUR PERSONAL INFORMATION

a. Rosebank Physio may disclose your personal information if (a) authorised to do so by law, (b) you have provided consent and/or (c) it is required for proper medical treatment and care.

b. When Rosebank Physio shares your information with any third party, such third party will be required to respect your right to privacy and Rosebank Physio will take reasonable measures to ensure that your personal information is safeguarded. Rosebank Physio will only allow third parties to process your personal information for a specific purpose, in accordance Rosebank Physio’s instructions and applicable law.

8. STORAGE AND TRANSFER OF YOUR PERSONAL INFORMATION

a. Rosebank Physio stores your personal information on its servers and/or on third party servers. Rosebank Physio will take reasonably practicable steps to ensure that your personal information is adequately protected wherever it is stored.

9. OUR COOKIE POLICY

a. Rosebank Physio uses Cookies to understand and save your preference for future visits to our website. A cookie is a small piece of data sent from our website to your computer or device or internet browser where it is saved. The cookie contains information to personalise your experience on our website and applications. The cookie has the ability to identify your device, computer or smart phone. By using our website and applications you agree that cookies may be forwarded from the relevant website or application to your computer or device. We may use the cookie to enable us to know you visited our website. You have the right to choose whether or not to accept cookies. However, please note that if you do not accept our cookies, you may not access the full functionality of our website or mobile applications.

10. LINKS TO OTHER WEBSITES

a. When you interact with the Rosebank Physio website, you may encounter links to other websites and applications. Rosebank Physio is not responsible for the security of those websites, or the information that it contains. In some cases, links are provided as a value added service for information purposes only. When you click on a link on the Rosebank Physio website and you are taken to another web page or website or application that this Privacy Policy will no longer apply. You also acknowledge that by clicking on a link, that you do so at your own risk and hold Rosebank Physio harmless against any loss or damage that may occur.

11. YOUR RIGHTS

a. Rosebank Physio will, at all times, process your personal information in accordance with applicable laws and your rights are set out below:

i. You have the right to correct your personal information if it is incorrect

ii. You have the right to update your personal information if your details have changed

iii. You have the right to object to the processing of your personal information

iv. You have the right to your personal information being deleted and

v. You have the right to be informed if your information has been deleted

b. You acknowledge that, in some cases, Rosebank Physio may not be able to comply with your request to delete or destroy your personal information if this request conflicts with applicable law.

c. All requests to amend your personal information should be forwarded to rosebankphysio@icon.co.za.

12. INFORMATION OFFICER FOR ROSEBANK PHYSIO

a. Bryony Krikler

b. bryonycharnas58@gmail.com

13. CHANGES TO THIS PRIVACY POLICY

a. Our Privacy Policy and procedures are regularly reviewed and updated on our website.