1. General terms

Purpose of this privacy notice

My Appointment (Pty) Limited (“My Appointment”) respects your privacy and is committed to protecting your personal information. This privacy notice explains how we collect and process the personal information that you provide through your use of our website located at http://www.myappointment.co.za/ (Website), our mobile application downloaded and installed on your device (App), our communications, or any of our services. Where we refer to “personal information”, it means “personal information” as defined in the Protection of Personal Information Act, 4 of 2013 (“POPI“), and “personal data” as per the General Data Protection Regulation 2016/679 (“the GDPR“). Please also see the Glossary that gives the meaning of some of the terms used in this privacy notice. This privacy notice applies in addition to any other agreement that you might enter into with us.

My Appointment is a "responsible party" which means that we are responsible for deciding how we hold and use personal information about you. We are required under data protection laws to notify you of the information contained in this privacy notice. It is important that you read and retain this notice so that you are aware of how and why we are using such information and what your rights are under the data protection laws.

Contact details

If you have any questions about this privacy notice or would like to enforce any rights that you may have under applicable data protection laws, please contact us at:

Information Officer
Email: [email protected]
Address: 1st Floor, 74 St. Andrews Street, Birdhaven, 2196, Johannesburg, South Africa

If you believe we are using your personal information unlawfully, please contact us in the first instance.

You have the right to make a complaint at any time to the Information Regulator (South Africa) or other relevant supervisory authority:

Information Regulator
JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001
P.O Box 31533, Braamfontein, Johannesburg, 2017
Tel No. +27 (0) 10 023 5200, Cell No. +27 (0) 82 746 4173
Complaints email: [email protected]
General enquiries email: [email protected]

Changes to this privacy notice and your duty to inform us of changes

This privacy notice was last updated on 31 May 2021. We reserve the right to update this privacy notice and we will provide you with a new privacy notice when we make substantial updates. It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your relationship with us.

Third-party links and service providers

Our Website, App, communications and services may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. We encourage you to read the privacy notice of every website you visit.

Your personal information is shared with the service providers that use our Website and App to provide services to you. We do not control these service providers and are not responsible for their privacy statements, which we encourage you to obtain and read.

2. The data we collect about you

Personal information, or personal data, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal information about you which we have grouped together as follows:

• Identity Data includes first name, last name, username, identity number and date of birth.

• Contact Data includes physical address, postal address, email address and telephone numbers.

• Financial Data includes payment card details, bank account details, VAT number and loyalty programme details.

• Transaction Data includes details about payments to and from you, details about goods and services you have purchased from service providers, details about goods and services you have sold to customers, and details of in-App purchases.

• Technical Data includes 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 data on the device you use to access our Website.

• Profile Data includes your username and password, purchases or orders made by you or delivered to you, your interests, preferences, feedback and survey responses.

• Usage Data includes information about how you use our Website and services.

• Marketing and Communications Data includes your preferences in receiving marketing from us and your communication preferences.

• Device Data: includes information on the mobile device onto which our App has been downloaded and installed, including 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, or the mobile phone number used by the device), mobile network information, your mobile operating system, the type of mobile browser you use, time zone setting, as well as content data stored on your device including login information.

• Location Data: includes your current location disclosed by GPS technology.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal information but is not considered personal information in law as this data will not directly or indirectly reveal your identity.

We generally do not collect any Special Personal information (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, information about your health, and genetic and biometric data). However, we may collect Special Personal Information about you when our service providers use our medical invoicing services, including your medical aid number, and we may collect personal information about children when you use the Website or App to book appointments, or orders goods or services, on behalf of your children. We will only collect and process Special Personal Information or personal information about your children (i) with your consent, (ii) where we need to carry out our legal obligations or exercise legal rights, or (iii) where the information has already been made publicly available.

If you fail to provide personal information

Where we need to collect personal information by law or in order to enter into a contract with you, or provide services to you, and you fail to provide that personal information when requested, we may not be able to enter into the contract with you or perform the services.

3. How is your personal information collected?

We use different methods to collect personal information from and about you including through:

• Direct interactions. You may give us your Identity, Contact, Financial and Marketing and Communications Data by filling in forms or by corresponding with us by email, phone or otherwise. This includes personal information you provide when you create an account on our Website or App, subscribe to our marketing and other communications, give us feedback or contact us. It also includes information you provide when you download or install our App, or make an in-App purchase.

• Automated technologies or interactions. We automatically collect Technical, Usage and Device Data when you use our Website or App. We collect this personal information by using serv and other similar technologies. You can prevent us from doing this through a setting on your browser. Cookies only store information from your browser and cannot access data on your computer. You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of our Website or App may become inaccessible or not function properly.

• Location Data. Certain of our services make use of Location Data sent from your devices. You can turn off this functionality at any time by disabling the location services settings for our Website or App on your device. If you use the services that require us to make use of your Location Data, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your Location Data and queries to provide and improve location-based products and services. You may withdraw your consent at any time by disabling the location services settings for our Website or App on your device. If you disable the locations services settings, please note that some parts of our Website or App may become inaccessible or not function properly.

• Third parties or publicly available sources. In some instances, we may collect personal information from third parties, some of which may be based outside of South Africa. We will only collect personal information this way where such information is publicly available or for legitimate business purposes, for example Technical Data and Device Data from analytics and search information providers such as Google.

4. How we use your personal information

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:

• Where we need to perform the services and contract we are about to enter into or have entered into with you (for example, for the booking of appointments or purchase of goods or services).

• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.

• Where we need to comply with a legal obligation.

Generally, we do not rely on consent as a legal basis for processing your personal information other than for the processing of Special Personal Information or the consents required when using our App. We will however only send you direct marketing communications if we have your consent, and you have the right to withdraw consent at any time by contacting us.

Purposes for which we will use your personal information

We have set out below, in a table format, a non-exhaustive description of the ways we plan to use your personal information and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate. We may process your personal information on more than one lawful ground.

Marketing

We strive to provide you with choices regarding certain personal information uses, particularly around marketing. We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you. You will receive marketing communications from us if you have requested information from us, used our appointment booking services, or purchased goods or services through us, and you have not opted out of receiving that marketing.

Third-party marketing

We will not share your personal information with any third party for marketing purposes. Your personal information may be shared with the service providers that use our Website and App to provide services to you. We do not control these service providers and are not responsible for their privacy statements, which we encourage you to obtain and read.

Opting out

You can ask us to stop sending you marketing messages at any time by adjusting your marketing preferences, following the opt-out links on any marketing message sent to you, or by contacting us.

Cookies

We use cookies to distinguish you from other users of our Website or App and to remember your preferences. This helps us to provide you with a good experience when you browse our Website or use our App and also allows us to improve our Website and App. You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of our Website or App may become inaccessible or not function properly.

Change of purpose

We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. We may also process your personal information without your knowledge or consent where this is required or permitted by law.

5. Disclosures of your personal information

We will only share your personal information for purposes of providing services to you or any other legitimate business purpose relating to our business activities. Where required for business activities, we may share your personal information with our third party suppliers. We require all third parties to respect the security of your personal information and to treat it in accordance with the law. We do not allow our third party suppliers to use your personal information for their own purposes and only permit them to process your personal information for specified purposes and in accordance with our instructions. Where the law requires us to do so, we may also share your personal information with third party suppliers, agents, contractors, employees, law enforcement agencies or business affiliates. We will only share your personal information in these instances where it is necessary for us to do so and only to the extent that your personal information is needed.

Examples of third parties that we may share your personal information with includes:

• Suppliers based in the United States who provide hosting, analytics and email messaging services.
• Professional advisers including lawyers, accountants and auditors based in South Africa who provide legal, accounting and auditing services.
• The South African Revenue Service (SARS) and other regulators based in South Africa who require reporting in certain circumstances.

6. International transfers

Some of our third parties, for example hosting and email messaging providers, may be based outside of South Africa (or the EU) so their processing of your personal information will involve a transfer of data. Whenever we transfer your personal information internationally, we ensure a similar and adequate degree of protection is afforded to it by ensuring safeguards are implemented, for example:

• We will only transfer your personal information to countries that have been deemed to provide an adequate level of protection for personal information.

• Where we use certain suppliers, we may use specific standard contracts which give personal information the necessary level of protection.

• Where we use providers based in the United States, in addition to other necessary adequate levels of protection, we may transfer data to them if they are part of the Privacy Shield.

Please contact us if you want further information on how we transfer your personal information internationally.

7. Data security

We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. All information you provide to us is stored on our or our third party suppliers’ secure servers. Any payment transactions carried out by our chosen third-party provider of payment processing services will be encrypted. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions, and they are subject to a duty of confidentiality. We have put in place procedures to deal with any suspected personal information breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

8. Data retention

We will only retain your personal information for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal information for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you. To determine the appropriate retention period for personal information, we consider the amount, nature and sensitivity of the personal information, the potential risk of harm from unauthorised use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements. In some circumstances we will anonymise your personal information (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

9. Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal information.

Request access to your personal information. This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.

Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected.

Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal information to comply with applicable law. We may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you.

Object to processing of your personal information where we are relying on 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. You also have the right to object where we are processing your personal information for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information.

Request restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.

Request the transfer of your personal information to you or to a third party. This right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal information. This will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact our Information Officer using the contact details stated above.

10. General

Automated decision-making

You will not be subject to decisions that will have a significant impact on you based solely on automated decision-making unless we have a lawful basis for doing so and we have notified you. We do not envisage that any decisions will be taken about you using automated means, however we will notify you in writing if this position changes.

No fee usually required

You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access the personal information (or to exercise any of your other rights). This is a security measure to ensure that personal information is not disclosed to any person who has no right to receive it.

Time limit to respond

We try to respond to all legitimate requests as soon as is reasonably practicable and in any event within the statutory time-limits in the applicable country. It could take us longer if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

11. Glossary

Legitimate interest means the interest of our business in conducting and managing our business. We make sure we consider and balance any potential impact on you and your rights before we process your personal information for our legitimate interests. We do not use your personal information for activities where our interests are overridden by the impact on you unless we have your consent or are otherwise required or permitted to by law.

Performance of contract means processing your data where it is necessary for the performance of a contract to which you are a party (for example, for the booking of appointments or purchase of goods or services) or to take steps at your request before entering into such a contract.

Comply with a legal obligation means processing your personal information where it is necessary for compliance with a legal obligation that we are subject to.

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