Privacy and POPI Policy

This policy is issued by Doctors Online Pty Ltd (registration number 2024/033288/07), trading as Weight Loss Doctors. Questions, requests and complaints about personal information can be sent to info@weightlossdoctors.co.za, marked for the attention of the Information Officer.

PROTECTION OF PERSONAL INFORMATION

POLICY STATEMENT

1.1. Weight Loss Doctors processes the personal information of its employees, clients, patients and other data subjects from time to time. As such, it is obliged to comply with the Protection of Personal Information Act No. 4 of 2013 (“POPI”) as well as the Promotion of Access to Information Act No. 2 of 2000 (“PAIA”).

1.2. In line with this, Weight Loss Doctors is committed to protecting its clients’/supplier’s/employees’/contractors/patients and other data subjects’ privacy and ensuring that their personal information is used appropriately, transparently, securely and in accordance with applicable laws.

1.3. This Policy sets out the manner in which Weight Loss Doctors deals with such personal information and provides clarity on the general purpose for which the information is used, as well as how data subjects can participate in this process in relation to their personal information.

OBJECTIVES

2.1. To ensure legislative compliance (POPI and PAIA Acts) in respect of all personal information that Weight Loss Doctors collects and processes.

2.2. To inform employees, clients and patients as to how their personal information is used, disclosed and destroyed.

2.3. To ensure that personal information is only used for the purpose for which it was collected.

2.4. To prevent unauthorised access and use of personal information.

DEFINITIONS

3.1. “Processing” means:

3.1.1. The collection, receipt, recording organisation, collation, storage, updating, modification, retrieval, alteration, consultation or use;

3.1.2. Dissemination by means of transmission, distribution or making available in any form;

3.1.3. Merging, linking, erasure or destruction of information.

3.2. “PAIA” means the Promotion of Access to Information Act No. 2 of 2000

3.3. “POPI’ means the Protection of Personal Information Act No 4 of 2013

3.4. “Regulator” means the Information Regulator established in terms of the POPI Act.

COLLECTION OF PERSONAL INFORMATION

4.1. Weight Loss Doctors collects and processes various information pertaining to its employees, members, clients and patients. The information collected is based on need and it will be processed for that need/purpose only. Whenever possible, Weight Loss Doctors will inform the relevant party of the information required (mandatory) and which information is deemed optional.

4.2. The employee, member, client or patient will be informed of the consequence/s of failing to provide such personal information and any prejudice which may be incurred due to non-disclosure. For example, Weight Loss Doctors may not be able to employ an individual without certain personal information relating to that individual or the organisation may not be in a position to render services to a patient in the absence of certain information which is required.

4.3. Weight Loss Doctors will process information in a manner that is lawful and reasonable (i.e., will not infringe upon the privacy of the individual or company).

4.4. Where consent is required for the processing of information, such consent will be obtained.

4.5. Information will be processed under the following circumstances:

4.5.1. When carrying out actions for the conclusion or performance of a contract

4.5.2. When complying with an obligation imposed by law on the company

4.5.3. For the protection of a legitimate interest of the data subject

4.5.4. Where necessary, for pursuing the legitimate interests of the company or of an authorised third party to whom the information is supplied.

4.5.5. For the purpose of medical care and consultations with patients.

4.6. Examples of the personal information Weight Loss Doctors collects includes, but is not limited to:

4.6.1. 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 an employee, client or patient.

4.6.2. Information relating to the education or the medical, financial, criminal or employment history (this includes disciplinary action) of an employee or patient.

4.6.3. Banking and account information.

4.6.4. Contact information.

4.6.5. Trade union membership and political persuasion.

4.6.6. Any identifying number, symbol, email address, telephone number, location information, online identifier or other particular assignment to the employee, member, client or patient.

4.6.7. The personal opinions, views or preferences of an employee (also performance appraisals or correspondence) and the views or opinions of another individual about the person

4.7. Weight Loss Doctors shall not process special personal information without complying with the specific provisions of the POPI Act. Special information includes personal information concerning:

4.7.1. the religious or philosophical beliefs, race or ethnic origin, trade union membership, political persuasion, health, sex life or biometric information of a data subject; or

4.7.2. the criminal behaviour of a data subject, where such information relates to the alleged commission by a data subject of any offence committed or the disposal of such proceedings.

4.8. Collection of employee information:

4.8.1. For the purposes of this Policy, employees include potential, past and existing employees of Weight Loss Doctors (PTY). Independent contractors are treated on the same basis where the collection of information is concerned.

4.8.2. When appointing new employees/contractors, Weight Loss Doctors requires information, including, but not limited to that listed above, from prospective employees/contractors, in order to process the information on the system/s. Such information is reasonably necessary for the Company’s record purposes, as well as to ascertain if the prospective employee/contractor meets the requirements, for the position which he is being appointed/contracted, and is suitable for appointment.

4.8.3. Weight Loss Doctors will use and process such employee information, as set out below for including, but not limited to, its employment records and to make lawful decisions in respect of that employee and its business.

4.8.4. Use of employee information: Employees’ personal information will only be used for the purpose for which it was collected and intended. This includes, but is not limited to:

4.8.4.1. Submissions to the Department of Labour

4.8.4.2. Submissions to the Receiver of Revenue

4.8.4.3. For audit and recordkeeping purposes

4.8.4.4. In connection with legal proceedings

4.8.4.5. In connection with and to comply with legal and regulatory requirements

4.8.4.6. In connection with any administrative functions of the Company

4.8.4.7. Disciplinary action or any other action to address the employee’s conduct or capacity.

4.8.4.8. In respect of any employment benefits that the employee is entitled to

4.8.4.9. Pre- and post-employment checks and screening

4.8.4.10. Any other relevant purpose to which the employee has been notified.

4.8.5. Should information be processed for any other reason; the employee will be informed accordingly.

4.9. Collection of Client and patient information:

4.9.1. For purposes of this Policy, clients/patients include potential, past and existing clients/patients. Suppliers include all vendors which contract with Weight Loss Doctors, whether once off or recurring, in respect of products and services.

4.9.2. Weight Loss Doctors collects and processes its clients’ and patients’ personal information, such as that mentioned hereunder. The type of information will depend on the need for which it is collected and will be processed for that purpose only. Further examples of personal information collected from clients/patients include, but is not limited to:

4.9.2.1. The client’s/patient’s identity number, name, surname, address, postal code

4.9.2.2. The client’s/patient’s residential and postal address

4.9.2.3. Contact information

4.9.2.4. Banking details

4.9.2.5. Company registration number

4.9.2.6. Full name of the legal entity

4.9.2.7. Tax and/or VAT number

4.9.2.8. Details of the person responsible for the client’s/patient’s account

4.9.3. Weight Loss Doctors also collects and processes client’s/patient’s personal information for marketing purposes in order to ensure that its products and services remain relevant to our clients/patient’s and potential clients/patients.

4.9.4. Use of client/patient information:

4.9.4.1. The client’s/patient’s personal information will only be used for the purpose for which it was collected and as agreed. This may include, but not be limited to:

4.9.4.2. Providing products or services to clients/patients.

4.9.4.3. In connection with sending accounts and communication to a client/patient in respect of services rendered.

4.9.4.4. Referral to other service providers

4.9.4.5. Confirming, verifying and updating client/patient details

4.9.4.6. Conducting market or customer satisfaction research

4.9.4.7. For audit and record keeping purposes

4.9.4.8. In connection with legal proceedings

4.9.4.9. In connection with and to comply with legal and regulatory requirements or when it is otherwise allowed by law.

4.10. Disclosure of personal information

4.10.1. Weight Loss Doctors may share employees’ and clients’/patients’ personal information with authorised third parties as well as obtain information from such third parties for reasons set out above.

4.10.2. Weight Loss Doctors may also disclose employees’ or clients’/patients’ information where there is a duty or a right to disclose in terms of applicable legislation, the law or where it may be necessary to protect the rights of the organisation or it is in the interests of the data subject.

SAFEGUARDING OF PERSONAL INFORMATION AND CONSENT

5.1. Weight Loss Doctors shall review its security controls and processes on a regular basis to ensure that personal information is secure.

5.2. It will take appropriate, reasonable technical and organisational measures to prevent loss or damage or unauthorised destruction of personal information, and unlawful access to or processing of personal information. This will be achieved by -

5.2.1. Identifying internal and external risks

5.2.2. Establishing and maintaining appropriate safeguards

5.2.3. Regularly verifying these safeguards and their implementation

5.2.4. Updating the safeguards

5.2.5. Implementing generally accepted information security Platforms and procedures.

5.3. Patient contracts/signed forms and thereto, containing relevant consent clauses for the use and storage of patient information, or any other action so required, in terms of POPI are signed by every patient.

5.4. On an ongoing basis, all suppliers, insurers and other third-party service providers are required to sign a service level agreement guaranteeing their commitment to the Protection of Personal Information.

5.5. Consent to process patient information is obtained from patients (or a person who has been given authorisation from the patient/client to provide the patient’s personal information) and suppliers at sign on/appointment/contracting.

DIRECT MARKETING

6.1. The company shall ensure that:

6.1.1. It does not process any personal information for the sole purpose of direct marketing (by means of any form of electronic communication, including automatic calling machines, SMS’s or e-mail) unless the data subject has given his, her or its consent to the processing or is an existing customer/patient.

6.1.2. It will only approach data subjects, whose consent is required and who have not previously withheld such consent, once in order to request the consent. This will be done in the prescribed manner and form.

6.1.3. The data subjects will only be approached for the purpose of direct marketing of the Platform’s own similar products or services. In all instances, the data subject shall be given a reasonable opportunity to object, free of charge and in a manner free of unnecessary formality, to such use of his, her or its electronic details at the time when the information is collected.

6.1.4. Any communication for the purpose of direct marketing will contain details of the identity of the sender or the person on whose behalf the communication has been sent and an address or other contact details to which the recipient may send a request that such communications cease.

TRANSFER OF INFORMATION OUTSIDE OF SOUTH AFRICA

7.1. Weight Loss Doctors will not transfer personal information about a data subject to a third party who is in a foreign country unless one or more of the following apply:

7.1.1. the third party is subject to a law, binding corporate rules or a binding agreement which provides an adequate level of protection of personal information and effectively upholds principles for reasonable processing of the information.

7.1.2. the data subject consents to the transfer

7.1.3. the transfer is necessary for the performance of a contract between the data subject and the company

7.1.4. the transfer is necessary for the conclusion or performance of a contract concluded in the interest of the data subject between the company and a third party; or

7.1.5. the transfer is for the benefit of the data subject, and it is not reasonably practicable to obtain the consent of the data subject to that transfer and if it were reasonably practicable to obtain such consent, the data subject would be likely to give it.

SECURITY BREACHES

8.1. Should Weight Loss Doctors detect a security breach on any of its systems that contain personal information, it shall take the required steps to assess the nature and extent of the breach in order to ascertain if any information has been compromised.

8.2. Weight Loss Doctors shall notify the affected parties should it have reason to believe that their information has been compromised. Such notification shall only be made where the organisation can identify the data subject to which the information relates.

8.3. Notification will be provided in writing by means of either:

8.3.1. email

8.3.2. registered mail

8.3.3. the organisation’s website

8.4. The notification shall provide the following information where possible:

8.4.1. Description of possible consequences of the breach

8.4.2. Measures taken to address the breach

8.4.3. Recommendations to be taken by the data subject to mitigate adverse effects.

8.4.4. The identity of the party responsible for the breach

8.5 Limitation of Liability

To the extent permitted by law, Weight Loss Doctors shall not be liable for any loss, damage, or harm arising from a data breach where:

8.5.1 Reasonable security safeguards were implemented, and

8.5.2 The breach resulted from circumstances beyond its reasonable control, including but not limited to cyber-attacks, system failures, or third-party service provider failures.

8.6 User Responsibilities

Users are responsible for:

8.6.1 Keeping their login credentials confidential

8.6.2 Immediately notifying Weight Loss Doctors of any suspected unauthorised access to their account

Weight Loss Doctors will not be liable for breaches resulting from a user’s failure to safeguard their access credentials.

8.7 Third-Party Processors

Where personal information is processed by third-party service providers, Weight Loss Doctors requires such parties to implement appropriate data protection measures consistent with POPIA. However, Weight Loss Doctors cannot guarantee the absolute security of third-party systems.

8.8 No Guarantee of Absolute Security

While Weight Loss Doctors uses commercially reasonable security measures, no system is completely secure. Users acknowledge and accept the inherent risks associated with transmitting information electronically.

9. ACCESS AND CORRECTION OF PERSONAL INFORMATION

9.1. Employees, members, clients/patients have the right to request access to any personal information that Weight Loss Doctors holds about them.

9.2. Employees, members, clients/patients have the right to ask how their personal information is stored and used, and to request correction or deletion if it was unlawfully or unnecessarily kept. However, South African health law requires that medical records be kept for at least six years (and sometimes longer). This is to ensure clinical safety, continuity of care, and compliance with the HPCSA and National Health Act.

9.3. Where an employee or client/patient objects to the processing of their personal information, Weight Loss Doctors may no longer process said personal information. The consequences of the failure to give consent to process the personal information must be set out before the employee or client/patient confirms his/her objection.

9.4. The client/patient or employee must provide reasons for the objection to the processing of his/her personal information.

10. WILL WE DISCLOSE THE INFORMATION WE COLLECT TO THIRD PARTIES?

10.1. The Weight Loss Doctors Site/Webpages will disclose personal information when required by law or in the good-faith belief that such action is necessary to:

• 10.1.1. conform to the edicts of the law or comply with a legal process served on Weight Loss Doctors;
• 10.1.2. protect and defend the rights or property of Weight Loss Doctors or visitors to Weight Loss Doctors Webpages;
• 10.1.3. identify persons who may be violating the law, the legal notice, or the rights of third parties;
• 10.1.4. co-operate with the investigations of purported unlawful activities;

10.1.5. for the purpose of carrying out credit checks on potential buyers

10.2. We maintain a strict “No-Spam” policy. We will also not sell or rent your email address to a third-party.

11. RETENTION OF RECORDS

11.1. Weight Loss Doctors is obligated to retain certain information, as prescribed by law. This includes but is not limited to the following:

11.1.1. With regard to the Companies Act, No. 71 of 2008 and the Companies Amendment Act No 3 of 2011, copies of the documents mentioned below must be retained for 7 years:

11.1.2. Any documents, accounts, books, writing, records or other information that a company is required to keep in terms of the Act.

11.1.3. Notice and minutes of all meetings, including resolutions adopted.

11.1.4. Copies of reports presented at the annual general meeting.

11.1.5. Copies of annual financial statements required by the Act and copies of accounting records as required by the Act.

11.2. The Basic Conditions of Employment No. 75 of 1997, as amended, requires the organisation to retain records relating to its staff for a period of no less than 3 years.

12. AMENDMENTS TO THIS POLICY

12.1. Amendments to this Policy will take place from time to time subject to the discretion of Weight Loss Doctors and pursuant to any changes in the law. Such changes will be brought to the attention of employee’s, members and clients/patients where it affects them.