Policies, Terms & Statements

Please read this Privacy Statement carefully to understand how your personal information will be handled by Monika Love Physiotherapist. Every term of this Statement is material. If you do not agree with the processing of your personal information as set out in this Statement, I may in my sole discretion decide whether to provide or continue with the provision of physiotherapy services to you, unless I have a legal obligation to do so, or to otherwise engage with you.

1. About the Practice

This is a private physiotherapy practice, which provides physiotherapy services to patients. The practice is subject to various laws protecting the privacy and confidentiality of data subjects for example the Health Professions Act and the National Health Act, including patients, as well as the ethical rules and policies of the Health Professions Council of South Africa (HPCSA).

The practice’s contact details are as follows:
Address: 54 Washington Street, Boston, Bellville, 7530
E-mail: [email protected]
Telephone: 0836565429
Website: www.monikalovephysio.co.za

2. Information Officer

The contact details of the practice’s Information Officer are as follows:
Name: Monika Love
E-mail: [email protected]
Telephone: 0836565429

3. Definition of Terms

3.1 “Personal information” refers to information relating to identifiable, living, natural persons as well as identifiable, existing juristic persons, and includes, but is not limited to –

3.1.1  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;

3.1.2 information relating to the education or the medical, financial, criminal or employment history of the person;

3.1.3 any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person;

3.1.4 the biometric information of the person;

3.1.5 the personal opinions, views or preferences of the person;

3.1.6 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;

3.1.7 the views or opinions of another individual about the person; and

3.1.8 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,
and “information” has a similar meaning unless the context requires otherwise.

3.2 “Processing” refers to any operation or activity or any set of operations, whether or not by automatic means, concerning personal information, including –

3.2.1 the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use;

3.2.2 dissemination by means of transmission, distribution or making available in any other form; or

3.2.3 merging, linking, as well as restriction, degradation, erasure or destruction of information.

3.3 “POPIA” means the Protection of Personal Information Act (Act 4 of 2013) and Regulations made in terms thereof.

3.4 “I”/ “me” refers to the practice and the practice owner.

3.5 “You” / “your” refers to the data subject (i.e., the person or entity) whose personal information is in the possession of or under the control of or processed by the practice.

4. Application of the Privacy Statement

This Privacy Statement applies to personal information that I have in my possession or under my control, and information that I collect or receive from or about you (for example, when you obtain physiotherapy services at the practice and/or submit information via the practice’s website). It stipulates, amongst others, how I collect your personal information, the type of information collected, why that information is collected, the circumstances under which that information will be shared with others, the security measures that I have implemented to protect your personal information and your right to obtain access to and correct the information in my possession or under my control.

5. My Commitment

I understand that your personal information is important to you and that you may be anxious about disclosing it. Your privacy and the security of your information are just as important to me and I therefore want to make sure you understand how your information will be processed. I acknowledge that I am required by law to keep your personal information confidential and secure. I am committed to conducting my practice in accordance with the law in order to ensure that the confidentiality of your personal information is protected and maintained. I take this commitment to look after your personal information seriously. I have implemented a number of processes to make sure that your personal information is used in the right way.

6. Privacy Principles

I apply the following principles in order to protect your privacy:
No more personal information about you than what is necessary is collected;
Your personal information is only used for the purposes specified in this Privacy Statement, unless you are advised otherwise;
Your personal information is not kept by me if it is no longer needed; and
Other than as specified in this Privacy Statement or otherwise agreed with you, I do not share your personal information with third parties.

7. When You Provide Information about Another Individual / Entity

You must make sure that if you provide personal information about any individual or entity to me, you may lawfully do so (e.g., with their consent). I will accept that you are acting lawfully. You should make sure that they are familiar with this Privacy Statement and understand how I will use and disclose their information.

8. Collection of Your Personal Information

I obtain personal information directly from you when you become a patient or an employee, when you log onto my website or when you provide information to me. Information may also be collected from other sources, depending on the circumstances, such as your next-of-kin, another health care practitioner involved in your care, the hospital / facility admission form, a credit bureau, a public record or when you make information publicly available. The information that I request from you is necessary to provide you with physiotherapy services or to manage the employment or other relationship. Information is generally collected for the purposes as set out below.

9. Processing and Disclosure of Patients’ Personal Information

There are various laws that permit the processing of your personal information such as the National Health Act, the Health Professions Act and POPIA. I will only process, which includes collect, use, store or disclose, your personal information in accordance with the law or otherwise with your consent and will always strive to keep your information confidential, whether you supply it directly to us or whether it is collected lawfully from other sources.

• • I generally collect and process the following personal information about patients and retain it as part of our records:
  • Name, identity number, date of birth, age, contact details, address and gender;
  • Name and contact details of next-of-kin;
  • Health status and disability;
  • Funder (e.g., medical scheme) information;
  • Physiotherapy services provided;
  • Reports from special investigations such as radiology reports and pathology results;
  • Account and payment details; and
  • Patient documentation, including consent forms, invoices, photos, videos and correspondence.

When you become a patient of the practice, I will use your personal information as follows:

• • to provide you with appropriate care;
  • to communicate with you in respect of your care, including reminding you of appointments and collecting payments for services rendered;
  • for administrative purposes, including preparing invoices and collecting payment for services rendered;
  • to refer you to other practitioners;
  • to report to referring practitioners;
  • for participation in clinical trials;
  • record-keeping;
  • for historical, statistical and research purposes;
  • as proof;
  • for enforcement of the practice’s rights;
  • for any other lawful purpose related to the activities of a private physiotherapy practice; and/or
  • as may be requested or authorised by you.

I do not use your personal information for commercial purposes.

Depending on the circumstances, your personal information will be disclosed to the following persons and entities:

• • relevant treating practitioners to ensure appropriate care;
  • next-of-kin (if it is necessary in the circumstances);
  • your funder (such as your medical scheme upon its request, for example, to allocate benefits);
  • your insurance company (upon your request);
  • bodies performing peer review of me as practitioners / clinical practice audits;
  • my professional advisers as well as employees and service providers who assist me to provide the services and who perform functions related to the administration of the practice, subject to confidentiality agreements;
  • debt collectors and credit bureaus, if your accounts are outstanding;
  • public and private bodies (such as regulators), as may be required in terms of the law;
  • law enforcement structures, including courts and tribunals;
  • as required or permitted by law, including to comply with any legal obligation or to protect the rights, property or safety of my business, employees, patients, the public or others; and
  • a purchaser of the practice, if applicable.

The information will only be shared as permitted in terms of the law or as otherwise agreed to with such a person.

10. Links to Social Networking Services

I use social networking services such as WhatsApp, LinkedIn, Instagram and Facebook to communicate with the public about my services. When you communicate with me through these services, the relevant social networking service may collect your personal information for its own purposes. These services have their own privacy policies, which are independent of this Privacy Statement.

11. Consent

If you provide consent to me to process your personal information, you may withdraw your consent at any time. This does not affect the processing of personal information that has already occurred. If you withdraw your consent, your personal information will only be processed as provided for in the law, and, if the circumstances make it reasonable and lawful for me to do so, I may terminate my relationship with you.

12. Objection to Processing

In certain instances, you may object to the processing of your personal information, if it is reasonable to do so, unless I may do so in terms of the law. This must occur on the form prescribed by POPIA. This does not affect personal information already processed. If you object and I agree with your objection, your personal information will only be processed as provided for in the law. If you exercise this right and, if the circumstances make it reasonable and lawful for me to do so, I may terminate my relationship with you.

13. Record-Keeping

I maintain records of your personal information for as long as it is necessary for lawful purposes in accordance with the law, including to fulfil your requests, provide services to you, comply with legal obligations, resolve disputes, enforce agreements and as proof. These records may be held in electronic format. I may also retain your personal information for historical, statistical and research purposes, subject to the provisions of the law.

14. Sending Information Across the Borders of the Republic of South Africa

I process and store your information in records within the Republic of South Africa, including in ‘clouds’, which comply legal requirements to ensure the protection of your privacy. If I must provide your personal information to any third party in another country, I will obtain your prior consent unless such information may be lawfully provided to that third party.

15. Security of Your Personal Information

I am committed to ensuring the security of your personal information in order to protect it from unauthorised processing and access as well as loss, damage or unauthorised destruction. There are also inherent risks in the electronic transfer and storage of personal information. I have implemented and continually review and update my information protection measures to ensure the security, integrity, and confidentiality of your information in accordance with industry best practices. These measures include the physical securing of the offices where information is held, the locking of cabinets with physical records, password control to access electronic records, which passwords are regularly changed, off-site data back-ups and stringent policies in respect of electronic record storage and dissemination. In addition, only those employees and service providers that require access to your information to discharge their functions and to render services to me are granted access to your information and only if they have concluded agreements with or provided undertakings regarding the implementation of appropriate security measures, maintaining confidentiality and processing the information only for the agreed purposes.

16. Security Breaches

I will inform you if any person has unlawfully obtained access to your personal information, subject to the provisions of the law.

17. Right to Access your Personal Information

You have the right to have access to your personal information subject to restrictions imposed in legislation. You may request access to your information in our possession or under my control and information of third parties to whom I supplied that information. If you wish to exercise this right, please complete and submit the prescribed form to the Information Officer. Costs may be applicable to such request. The relevant form and costs can be obtained from the Information Officer. You may also consult my PAIA Manual.

18. Accuracy of Your Personal Information

It is important that I always have accurate information about you on record as it could impact on communication with you and your health, if applicable. You must therefore inform me as soon as any of your information has changed. You may also request that I correct or delete any information. Such a request must be made in writing on the prescribed form to the Information Officer and must provide sufficient detail to identify the information and the correction or deletion required. Information will only be corrected or deleted, if I agree that the information is incorrect or should be deleted. It may not be possible to delete all of the information if there is a legal basis to retain the information. However, please contact me, the Information Officer to discuss how I can assist you with your request. If I correct any information and the corrected information will impact on any decision made or to be made about you, I will send the corrected information to persons to whom the information has been disclosed in the past if they should be aware of the changed information.

19. Marketing of Products and Services

If you have provided consent, I may occasionally inform you, electronically or otherwise, about supplementary products and services offered by me that may be useful or beneficial to you. You may at any time withdraw your consent and opt out from receiving such information.

20. Changes to this Privacy Statement

I reserve the right in my sole and absolute discretion, to revise or supplement this Privacy Statement from time to time to reflect, amongst others, any changes in my business or the law. I will publish the updated Privacy Statement on my website at www.monikalovephysio.co.za It will also be available at the practice reception. Any revised version of the Statement will be effective as of the date of posting on the website, so you should always refer back to the website for the latest version of the Statement. It is your responsibility to make sure you are satisfied with any changes before continuing to use my services. If I make a material change to this Statement, you will be notified with a notice on the website and in the practice that my privacy practices have changed and you will obtain a link / access to the new Statement. In the event that I make a material change to how I use your personal information, I will provide you with an opportunity to opt out of such new or different use. If you have any questions concerning this Statement, please contact me, also in the role as Information Officer.

21. Concerns and Complaints about the Processing of Your Personal Information

All enquiries, requests or concerns regarding this Statement or relating to the processing of your personal information should be addressed to the Information Officer. If you believe that I process your personal information contrary to this Privacy Statement or in contravention of the law, please contact me immediately. You may also lodge a complaint with the Information Regulator at [email protected] / +27 (0)10 023 5207 / +27 (0)82 746 4173.

22. Laws applicable to this Privacy Statement

This Privacy Statement is governed by the laws of the Republic of South Africa.

 

Why do we use cookies?

The practice uses industry-wide technologies such as ‘cookies’ to collect information about the use of the website, your preferences and past browsing history. ‘Cookies’ refer to information that is sent from the website to your hard drive, where it is saved. This will allow the practice to improve its services and your experience when you use the website again. The cookies do not collect any personal information about data subjects. We use cookies that are necessary for this site to function, including those that are necessary for Google Analytics to work, loading images and prevention of spam. 

The types of cookies we use

• essential cookies – these are cookies that allow our website to perform its essential functions. Without these cookies, some parts of our websites would stop working.
• site analytics cookies – these are cookies that monitor how our website is performing, and how you interact with it. We use them to know how best to improve our website or services.
• functional cookies – these are cookies that remember who you are as a user of our website. We use them to remember any preferences you may have selected on our website, like saving your username and password or settings.

Deleting cookies

Your internet browser generally accepts cookies automatically, but you can often change this setting to stop accepting them. You can also delete cookies manually. You can read how to do this at Digital Trends.

Deleting or no longer accepting cookies may prevent you from accessing certain aspects of our website where cookies are necessary or because the website forgot your preferences.  

Updates to this policy

We may occasionally make changes to this policy. When we make material changes to this policy, we will provide you with a prominent notice on our website or send you an email. We may notify you in advance.

By using the website, you agree to be bound by the Website Terms and Conditions. All terms and conditions are material. Please review them carefully before proceeding. The Website Terms and Conditions apply to the website in its entirety including all services offered by or through the website. 

COPYRIGHT NOTICE

The contents of this website (including without limitation all articles, statements, text, images, logos, and design) are ©2021 Monika Love Physiotherapist (Insert Practice Name). All rights reserved.

1. Definition

1.1 “IP address” means a unique address that identifies a device on the Internet or a local network.

1.2 Personal information” has the meaning assigned to it in the Protection of Personal Information Act (Act 4 of 2013), and “information” has a similar meaning unless the context requires otherwise, and includes any information that identifies or relates specifically to you such as your name, age, identity number, contact details, gender, practice details, qualifications and information you use to log onto the website.

1.3 “Practice” means Monika Love Physiotherapist and address monikalovephysio.co.za 

1.4 “Traffic data” means any data processed for the purpose of conveyance of a communication on an electronic communications network in respect of that communication and includes data relating to the routing, duration or time of a communication.

1.5 “Web browser” means an application used to access and view this website such as Internet Explorer, Google Chrome and Safari.

1.6 “Website” means the internet website with the address www.monikalovephysio.co.za or any website with a URL that is validly registered to the practice.

1.7 “You” / “your” means the user of the website and the services offered by the practice on or through the website.

2. Purpose of the Website

The main purpose of the website is to provide relevant information about the practice to patients and the public.

3. Conditions of Access and Use

3.1 To avoid any confusion, you agree that the Website Terms and Conditions apply to your use of the website, any third-party website licensed to the practice and any information accessed via the website.

3.2 If you use the website, you must keep your access details (including your username and password) confidential and not allow other people to use them. You accept full responsibility for all activities that occur under your access details or password and accept responsibility for sharing your username and password. Any use of your access details shall be regarded as if you were the person using such information.

3.3 Materials from the website may be copied and distributed on a limited basis for non-commercial purposes only, provided that any material copied remains intact and that all copies include the following notice in a clearly visible position: ‘Copyright © 2021 Monika Love Physiotherapist (Insert practice name). All rights reserved.’ These materials are for personal use only. Any copying or redistribution for commercial purposes or for compensation of any kind requires prior written permission from the practice. 

3.4 By using the website, you guarantee that you will not allow third parties on your behalf to 

3.4.1 make and distribute copies of the website; 

3.4.2 attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the website; or 

3.4.3 create derivative works of the website of any kind whatsoever. 

3.5 You acknowledge that the terms of the agreement with your Internet provider will continue to apply when using the website. As a result, you may be charged by the Internet provider for access to network connection services for the duration of the connection while accessing the website or any such third-party charges as may arise. You accept responsibility for any such charges that arise. 

3.6 If you are not the payer of the device being used to access the website, you will be assumed to have received permission from the payer for accessing and using the website.

4. Data Protection

4.1 The website contains confidential information, which is the property of the practice and/or its data subjects and/or its business partners. Unauthorised disclosure and/or use of this information may incur civil or criminal liability.

4.2 Any of your personal information available on the website and which you supply to the practice when using the website will be used by the practice in accordance with its Privacy Policy and subject to legislation.

4.3 You guarantee that all information provided by you on or via the website is true, accurate, current and correct and you undertake to update the information as and when required.

4.4 All information that you provide to the practice may be stored electronically and with third parties, which parties are bound by strict levels of confidentiality. These electronic records shall be proof of the information unless you can prove otherwise.

4.5 The practice takes all reasonable steps to protect your personal information and maintain confidentiality, including by making use of encryption technology. However, the practice cannot guarantee the security or integrity of any information you transmit to it online and you agree that you do so at your own risk.

5. Intellectual Property

5.1 All trademarks, copyright, database and other intellectual property rights of any nature in the website together with the underlying software code as well as any content made available on the website (e.g., text, graphics, logos, images, etc.) are owned either directly by the practice or by the practice’s licensors unless expressly stated otherwise.

5.2 You do not obtain any trademark, copyright, database or any other intellectual property right of any nature or licence by using the website.

5.3 You are not granted any license or right to use any trademark without the practice’s prior written permission and/or that of any third party.

6. Breach

If you breach the Website Terms and Conditions, the practice shall have the right to claim damages of whatsoever nature from you, including special, incidental, consequential or indirect damages. In addition, the practice shall have the right to claim loss of profits and loss of business and to recover all legal costs on a scale as between attorney and own client from you.

7. Termination

7.1 The practice may in its sole discretion terminate your use of the website at any time by giving notice of termination to you, where this is possible.

7.2 You agree that the following actions shall constitute material breaches of the Website Terms and Conditions that shall result in the termination of your access to the website, if possible:

7.2.1 signing in as, or pretending to be another person;

7.2.2 transmitting material that violates, or could violate, the intellectual property rights or the privacy of others;

7.2.3 using interactive services in a way that is intended to harm, or could result in harm to you or to other users of the website; or

7.2.4 gathering information about others without obtaining prior written consent.

7.3 Upon termination of use as contemplated in this clause 7, the rights granted to you by the Website Terms and Conditions shall terminate.

8. Disclaimers and Limitation of Liability 

8.1 The practice tries to ensure that the most sophisticated technology protects the information on the website. However, the practice cannot be held responsible for any consequences that may result from the unlawful breach of copyright or unlawful dissemination of information by third parties copying information off the website. If you suspect a breach or where a breach may have taken place and this comes to your knowledge, please contact the practice or the webmaster as soon as possible so that the problem can be addressed.

8.2 The website and all information, content, tools and materials are provided by the practice “as is” and on an “as available” basis without warranty of any kind.

8.3 The practice does not guarantee the operation of the website or the information content, tools or materials on the website. 

8.4 While the practice makes every effort to ensure that the content and information on the website is complete, accurate and up-to-date, it makes no guarantee about the suitability of the products and services and provide no representation or warranty, express or implied, regarding the accuracy, correctness and completeness of information contained on the website.

8.5 The practice does not guarantee that the website, information, content, tools or materials included on the website, the practice’s servers or any electronic communications sent by it are free from viruses or other harmful components. 

8.6 The views and opinions expressed on this website, links or attachments hereto do not necessarily reflect the views and/or opinions of the practice. Regardless of the vast professional knowledge and scientific expertise in the field of physiotherapy that the practice possesses, it cannot inspect all information to determine the truthfulness, accuracy, reliability, completeness or relevance thereof.

8.7 Although the practice is fully committed to providing you with the best possible service, it shall not be responsible for:

8.7.1 any interrupted, delayed or failed transmission, storage or delivery of information due to a power failure, equipment or software malfunction, natural disasters, fire, labour unrest, epidemics, pandemics, or any other cause beyond the reasonable control of the practice, or

8.7.2 any inaccurate, incomplete or inadequate information supplied by you and obtainable from the website.

8.8 The website and all of its component elements, including text, graphics, images, hyperlinks and other materials supplied by third parties, are for general educational purposes only and do not take the place of professional medical or physiotherapy advice. To the extent that clinical information may be provided on the website, it is based on best practice and/or current research, recommendations and guidelines, which may change from time to time. The information provided does not replace the advice of a registered health care practitioner. You should not discontinue any treatment you may be receiving on the basis of information reflected on this website without first consulting your treating practitioner and you should seek professional advice should any symptoms you may be experiencing persist.

8.9 You agree to use the website at your own risk.

8.10 The practice and website contributors shall not be liable to you or any other person or entity for, and you agree to indemnify them against, any claim or damages of any kind, including for direct, indirect, special, incidental, punitive and/or consequential damages as well as loss of profit or the like whether or not in the contemplation of the parties, whether based on breach of contract, delict (including negligence), product liability or otherwise, arising from –

8.10.1 your use of the website or from any information, content, tools or materials included on or otherwise made available to you through the website, including any damage or alteration to your equipment, including but not limited to computer equipment, handheld devices or mobile telephones; 

8.10.2 for any decision taken or acted upon as a result of reliance on the information or philosophies contained or expressed on the website; 

8.10.3 any of the events described in this clause 8;

8.10.4 your actions or omissions that result in a breach of the Website Terms and Conditions;

8.10.5 any links to other websites from the website. You also acknowledge that the practice cannot control the content of or the products and services offered on those websites; and/or

8.10.6 a denial of access to the website should the practice have reason to believe that you are conducting activities that are illegal, abusive, would affect the integrity of the website or place the practice in disrepute.

9. Website Analytics

You may visit the website without providing any personal information. The website servers will in such instances collect the IP address used by the data subject to access the website, but not the e-mail address or any other personal identifiable information. The information on IP addresses is aggregated to measure the number of visits, the average time spent at the website, pages viewed, etc. The practice analyses non-identifiable traffic data to improve its services, via a third-party programme, Google Analytics.

The practice may collect, hold and use statistical information about website visits to help it improve the website. Such information includes –

• • • your IP address;
    • the research terms you used;
    • the pages accessed on the website and the links visitors clicked on;
    • the date and time you visited the website;
    • the referring website (if any) through which you clicked through to our website; and
    • the type of web browser you use.

The traffic data is aggregated and is not personally identifiable. Our website analysis will respect any “does not track” setting you may have set on your web browser.

10. Cookies

The practice uses industry-wide technologies such as ‘cookies’ to collect information about the use of the website, your preferences and past browsing history. ‘Cookies’ refer to information that is sent from the website to your hard drive, where it is saved. This will allow the practice to improve its services and your experience when you use the website again. The cookies do not collect any personal information about data subjects. The information obtained will be shared with persons or entities to the extent necessary for them to administer and improve the website on our behalf.

11. Jurisdiction

The laws of the Republic of South Africa shall govern these Website Terms and Conditions.

12. Amendments to the Website Terms and Conditions

The practice may in its sole discretion amend the Website Terms and Conditions from time to time without prior notice. The latest Website Terms and Conditions available on the website shall at all times take precedence over any other version of these Terms. It is your responsibility to make sure you are satisfied with any changes before continuing to use the website. 

13. Further Information 

If you have questions about these Website Terms and Conditions, please contact the Information Officer at the Practice.