POPIA COMPLIANCE PRIVACY NOTICE
Zanne Solomon, Registered Dietitian | Private Practice Sole Proprietor
HPCSA: DT0049310 | Practice No.: 0785164
As a member of the Cape Town Therapy Hub multidisciplinary practice
PRIVACY NOTICE
Last updated 1/07/2021
This Notice describes how we collect, use and process your personal information, and how, in doing so, we comply with our legal obligations to you. Our practice policy is to respect the privacy of our patients, their families and our staff and to maintain compliance with POPIA. All personal information collected about you is in order to provide you with the best possible healthcare.
1) This Privacy Notice applies to the processing activities of Zanne Solomon as the dietitian in the Cape Town Therapy Hub (the “Practice”; an association of registered multidisciplinary Health Practitioners). Zanne Solomon is the Responsible Party (and Operator in certain instances) for the processing of your Personal Information.
Any reference to ‘us’, ‘our’, ‘we’ in this Privacy Notice is a reference to Zanne Solomon, the Cape Town Therapy Hub and the Health Practitioners respectively. Similarly, any reference to ‘you’, ‘your’, ‘yours’ or ‘yourself’ in this Privacy Notice is a reference to any of our clients and potential clients as a Data Subject, or a Competent Person in respect of such client and potential client that is incompetent, such as a minor child.
Our Privacy Notice will be reviewed from time to time to take account of new obligations and technology, changes to our operations and practices, and to make sure it remains appropriate to the changing environment.
2) We collect information necessary to fulfil our obligations to our clients in the course of providing the Services. We will also collect sensitive confidential data during the Services we provide to you, and/or linked to your healthcare through other health providers or third parties such as medical aids.
We may collect the following types of information about you: Name, address and contact details, date of birth and gender, bank details, education and qualifications, employment details, family details, medical aid details, lifestyle and social circumstances, location data, any other similar information.
On occasion the following sensitive Personal Information may be obtained: physical or mental health details, racial or ethnic origin, religious or philosophical beliefs, sexual orientation, genetic data, biometric data. We will only obtain and process this information with your express consent as set out in terms of the relevant contractual terms.
Much of this information is collected in order to establish and assess the reasons for a referral to us as well as whether we can and should provide the Services (and products, where relevant) to you. If you chose not to provide the information required, we may not be able to provide you with the requested product or service.
If you provide us with any Personal Information relating to a third party (e.g. information of your spouse, children, parents, and/or employees), by submitting such information to us, you represent to us that you have obtained their consent and/or are a Competent Person in respect to the provision of such Personal Information.
If the patient is a minor child, by submitting Personal Information (including sensitive personal information) to the Practice, you expressly provide your informed consent for the collection, processing and storage of such minor child’s Personal Information in respect of such minor child and confirm that you are duly authorised to do so as a Competent Person.
3) We obtain this information in a number of ways, for example through the provision of intake assessments, interviews with you, relevant and related health care professionals, family members etc. as well as from information provided in the course of ongoing services and communication. Additionally, we may obtain Personal Information about you through your use of our websites, apps, or using cookies on our websites, in particular by recording your activity and which pages you look at on our websites (please see below on Cookies).
We may record any communications with you including electronic (including video conference), by telephone, in person or otherwise, which will constitute evidence of the communications between us. This information is collected in compliance with our regulatory duties in relation to our record keeping obligations. It may or may not be retrievable.
4) We may be required to collect and use certain types of Personal Information to comply with the requirements of the law and/or regulations, however we are committed to processing all personal information in accordance with POPIA and any other relevant data protection laws and codes of conduct (herein collectively referred to as “the data protection laws”) which are applicable to Zanne Solomon and the Cape Town Therapy Hub and its business.
The data protection laws allow us to only process your data for certain reasons:
· to perform a contract that we are party to;
· to carry out legally required duties;
· for us to carry out our legitimate interests;
· where we obtain your consent;
· to protect your interests; and
· where something is done in the public interest.
All the processing carried out by us falls into the permitted reasons, for example; our use of your personal information in order to comply with our obligations under contract. This includes where a contract is not yet signed but you have requested us to take action as a first step (e.g. provide details of our services).
5) We may share the Personal Information we hold about you across the Cape Town Therapy Hub and its Health Practitioners to enable us to better understand your needs and run your accounts in the efficient way that you expect.
We will never sell, trade, or rent your Personal Information to others; however, we may share your information with selected third parties including:
Our service providers, suppliers and sub-contractors for the performance of any contract we have entered into with them.
They may then process this data on our behalf to help run some of our internal business operations for example IT services.
Governmental or judicial bodies or agencies to comply with our legal and regulatory obligations;
Non-affiliated companies may sometimes be used to provide certain services such as preparing and mailing reports, account statements and
other information;
Data, service and software providers that assist us in the improvement and optimisation of our sites;
Where we share your data with third parties we ensure that your data is held securely and in line with applicable legislation.
6) Safeguarding the privacy of your information is important to us, whether you interact with us personally, by phone, by mail, over the internet or any other electronic medium.
We maintain records about your health and any treatment or care you have received previously.
We hold Personal Information in a combination of secure computer storage facilities and paper-based files and other records and take steps to protect the Personal Information we hold from misuse, loss, unauthorised access, modification or disclosure.
When we consider that Personal Information is no longer needed, we will remove any details that will identify you or we will securely destroy the records. However, we may need to maintain records for a significant period of time in line with our regulatory obligations.
If we hold any Personal Information in the form of a recorded communication, by telephone, electronic, in person or otherwise in relation to our regulatory obligations as detailed above, this information will be held in line with local regulatory requirements.
7) We always take appropriate technical and organisational measures to ensure that your information is secure. All employees engaged by our practice are asked to sign a confidentiality agreement.
Every member of staff who works for us has a legal obligation to keep information about you confidential. We will only ever use or pass on information about you if others involved in your care have a genuine need for it. We will not disclose your information to any third party without your permission unless there are exceptional circumstances (i.e. life or death situations) or where the law requires information to be passed on, e.g. in the case of notifiable diseases like Covid-19.
We have appointed an Information Officer to ensure that our management of Personal Information is in accordance with this Privacy Notice, applicable policies, and the applicable legislation.
8) We use WhatsApp for communication, which has embedded end-to-end encryption that ensures only the persons you're communicating with can read or listen to what is sent, and nobody in between, not even WhatsApp. We use Outloook, which is designed to meet stringent privacy and security standards based on industry best practices. We also utilise Zoom. Further information can be provided on request or researched via their respective websites. You consent to us processing personal information via these channels as well as telephonic communication.
The internet is an open medium and we cannot guarantee that any information you send to us by email or via our sites will not be intercepted or tampered with; any transmission is at your own risk. Once we have received your information, we will use appropriate procedures and security features to prevent unauthorised access.
9) Where our use of your personal information requires consent, such consent will be provided explicitly by you as set out herein, in the Terms & Conditions entered into by you with Zanne Solomon and the Cape Town Therapy Hub or as otherwise provided or procured.
The data protection laws give you certain rights in relation to the data we hold on you. These are:
• the right to be notified. This means that we must tell you how we use your Personal Information, and this is the purpose of this Privacy Notice;
• the right of access. You have the right to access the Personal Information that we hold on you. To do so, you should make a subject access
request;
• the right for any inaccuracies to be corrected. If any Personal Information that we hold about you is incomplete or inaccurate, you are able to
require us to correct it;
• the right to have information deleted. If you would like us to stop processing your Personal Information, you have the right to ask us to delete it
from our systems where you believe there is no reason for us to continue processing it;
• the right to restrict the processing of the Personal Information. For example, if you believe the Personal Information we hold is incorrect, we will
stop processing it (whilst still holding it) until we have ensured that it is correct;
• the right to portability. You may transfer the Personal Information that we hold on you for your own purposes;
• the right to object to the inclusion of any information. You have the right to object to the way we use your Personal Information where we are
using it for our legitimate interests;
• the right to regulate any automated decision-making and profiling of Personal Information. You have a right not to be subject to automated
decision making in way that adversely affects your legal rights.
Where you have provided consent to our use of your Personal Information, you also have the unrestricted right to withdraw that consent at any time subject to contractual obligations. Withdrawing your consent means that we will stop processing the Personal Information that you had previously given us consent to use. There will be no consequences for withdrawing your consent; however, in some cases, we may continue to store and use the Personal Information where so permitted by having a legitimate reason for doing so or where required by law, regulation or by any other competent authorities. We may also not be able to continue our services to you.
10) Your data may be transferred to, stored at, and processed at a destination outside of South Africa by our service providers (eg. Google Workspace and WhatsApp). By submitting your Personal Information, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with applicable legislation or other relevant and appropriate laws.
11) You have the right to have access to and to rectify your personal information with us at any time; the right to object to how we are using your personal information; and the right to withdraw or change your consent at any time by contacting us at 49a Somerset Road, Green Point, Cape Town or at zanne@cttherapyhub.co.za
12) You have the right to request a copy of the Personal Information we hold about you. If you would like a copy of some or all of this information you may contact us as follows:
Information officer contact details:
Zanne Solomon
Email: zanne@cttherapyhub.co.za
Telephone: 0827344390
Cape Town Therapy Hub’s office details:
Physical address: 49a Somerset Road, Green Point, Cape Town
Contact email address: info@cttherapyhub.co.za
Telephone: 021 462 1508
If any of the information we hold is inaccurate, you can ask us to make any necessary amendments.
13) We reserve the right to update this Notice to reflect any legal changes or changes to the way in which we process your Personal Information.
14) If you have any queries regarding privacy issues or the content of this Privacy Notice, you can email us on zanne@cttherapyhub.co.za; alternatively, by using the contact details provided above.
15) If you have a concern about any aspect of our privacy practices, you can make a complaint. This will be acted upon promptly. To make a complaint, please contact us via one of the methods set above. You undertake to first make a good faith attempt to resolve same with the Practice. If you are not first satisfied with our response to your complaint, you have the right to then lodge a complaint with our supervisory authority, the Information Regulator.
You can find details about how to do this on their website: https://www.justice.gov.za/inforeg/