Privacy Policy

WESBITE PRIVACY POLICY

THIS PRIVACY POLICY APPLIES TO HOW WE COLLECT, USE AND PROCESS YOUR INFORMATION.

PLEASE READ THIS PRIVACY POLICY CAREFULLY.

INTRODUCTION AND SCOPE

1.1. Ajuda Health (Pty) Limited (" Ajuda" or " we" or " us" or " our") is a registered company operating in the Republic of South Africa, with our head office located in Rosebank. Ajuda is the responsible party (or controller, in some jurisdictions) of your Personal Information (as defined below).
1.2. Ajuda strives to ensure that our use of the Personal Information of data subjects (a person to whom Personal Information relates) is lawful, reasonable, and relevant to our business activities, with the ultimate goal of improving our offerings and your experience.
1.3. We have appointed an Information Officer who is responsible for overseeing questions in relation to the Privacy Policy. You may contact our Information Officer at hello@ajuda.co.za to discuss this Privacy Policy or your rights under data protection laws that are applicable to you, further.
1.4. This Privacy Policy sets out how we will treat your Personal Information whether provided by you to us or collected by us through other means in your ordinary use of our services, which includes access to our website ("the Website"), our application ("the App") or through other publicly available channels. This Privacy Policy describes our approach and practices in respect of your Personal Information and our treatment thereof.
1.5. This Privacy Policy must be read together with our Website terms and conditions and any other documents or agreements that describe the manner in which we, in specific circumstances, collect or process Personal Information about you. This will enable you to understand the manner in which Ajuda will process your Personal Information. This Privacy Policy supplements such other documents and agreements, but does not supersede them and in the event of a conflict, the terms of the particular document or agreement will prevail.

THE PERSONAL INFORMATION THAT WE COLLECT ABOUT YOU

2.1. Ajuda may collect, acquire, receive, record, organise, collate, store, update, change, retrieve, read, process, analyse, use and share your Personal Information in the manner as set out in this Privacy Policy. When we perform one or more of these actions, we are "Processing" your Personal Information.
2.2. " Personal Information" refers to private information about an identifiable natural or juristic person. Personal Information does not include information that does not identify a person (including in instances where that information has been anonymised). The Personal Information that we collect about you may differ on the basis of the services that you receive from Ajuda.
2.3. 'We may process various types of Personal Information about data subjects in different capacities, as follows:'
- 2.3.1. Identity Information , which includes information concerning your name, title, occupation and gender;
- 2.3.2. Contact Information , which includes your e-mail addresses, telephone numbers and location;
- 2.3.3. Medical Information , which includes medical aid details and medical information;
- 2.3.4. Technical Information , which includes your 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 technology on the devices you use to access the Website;
- 2.3.5. Usage Information , which includes information as to your access to and use of the Website, products and services;
- 2.3.6. Marketing and Communications Information , which includes your preferences in respect of receiving marketing information from us and our third parties, and your communication preferences.
2.4. Ajuda may also process, collect, store and/or use aggregated data, which may include historical or statistical data ("Aggregated Data") for any purpose. Aggregated Data may be derived from your Personal Information but is not considered Personal Information, as this data does not directly or indirectly reveal your identity. However, if we combine or connect Aggregated Data with your Personal Information in a manner that has the result that it can directly or indirectly identify you, we will treat the combined data as Personal Information, which will be managed in accordance with this Privacy Policy.

HOW WE COLLECT YOUR PERSONAL INFORMATION

3.1. We collect your Personal Information in three ways, namely:
- 3.1.1. through direct or active interactions with you;
- 3.1.2. through automated or passive interactions with you; and
- 3.1.3. from third parties, including third party service providers that we may appoint to, among other things, provide services to you and others, for example doctors or other medical practitioners that use the application or website.
3.2. Direct or active collection from you
- 3.2.1. We may require that you submit certain information to enable you to access portions of the Website, to make use of our services, to facilitate the conclusion of an agreement with us, or that is necessary for our fulfilment of our statutory obligations. We also collect Personal Information directly from you when you communicate directly with us, for example via e-mail, telephone calls, feedback forms, site comments or forums.
- 3.2.2. If you contact us, we reserve the right to retain a record of that correspondence, which may include Personal Information.
- 3.2.3. The Personal Information that we actively collect from you may include any of the Personal Information listed in paragraph 2 of this Privacy Policy.
3.3. Passive collection from your Access Device
- 3.3.1. We may passively collect certain of your Personal Information from the devices that you use to access and navigate the Website or to make use of our services (each an "Access Device"), by way of various technological applications, for instance, using server logs to collect and maintain log information.
- 3.3.2. The Personal Information that we passively collect from your Access Device may include your Identity Information, your Contact Information, your Technical Information, your Usage Information, your Marketing and Communications Information, or any other Personal Information which you permit us, from time to time, to passively collect from your Access Device.
3.4. Personal Information collected from third parties
- 3.4.1. Ajuda receives Personal Information about you from various third parties and public sources, including:
  - 3.4.1.1. public records;
  - 3.4.1.2. third parties who provide Personal Information as data controllers to Ajuda;
  - 3.4.1.3. our information technology suppliers.

HOW WE USE YOUR PERSONAL INFORMATION

4.1. We use the Personal Information we collect to maintain and improve the Website and App itself and to improve the experience of its users and our users, to facilitate the provision of our services.
4.2. facilitate the provision of services to our users;
4.3. retain and make information available to you on the Website and App;
4.4. create your user account and allow use of the Website and App;
4.5. establish and verify your identity on the Website and App;
4.6. operate, administer, maintain, secure and develop the Website and App and the performance and functionality of the Website and App;
4.7. detect, prevent or manage actual or alleged fraud, security breaches or the abuse, misuse or unauthorised use of the Website and App and contraventions of this Privacy Policy or any of terms and conditions that apply to your use of the Website and App;
4.8. inform you about any changes to the Website and App, this Privacy Policy or other changes that are relevant to you;
4.9. to create user profiles and to analyse and compare how you and other users make use of the Website;
4.10. provide you with marketing material that is relevant to you;
4.11. diagnose and deal with technical issues and customer support queries and other user queries;
4.12. protect our rights in any litigation that may involve you;
4.13. communicate with you and retain a record of our communications with you and your communications with us;
4.14. invite you to functions or events held by Ajuda;
4.15. analyse and compare the types of Access Devices that you and other users make use of and your physical location; and
4.16. for other lawful purposes that are relevant to our business activities or legitimate interests;
4.17. Ajuda will restrict its processing of your Personal Information to the original purpose for which it was collected or any other purpose reasonably compatible therewith;
4.18. Ajuda may, where permitted or required to do so by applicable legislation, process your Personal Information without your knowledge or consent, and will do so in accordance with the further provisions of this Privacy Policy.

SHARING OF YOUR PERSONAL INFORMATION

5.1. We will not intentionally disclose your Personal Information, whether for commercial gain or otherwise, other than with your consent or in the manner as set out in this Privacy Policy.
- 5.1.1. Ajuda may share your Personal Information under the following circumstances:
  - 5.1.1.1. with our agents, service providers and suppliers that have agreed to be bound by this Privacy Policy or similar terms, which offer the same level of protection as this Privacy Policy;
  - 5.1.1.2. with our employees, suppliers, service providers and agents to the extent that they require such Personal Information in the provision of services for or to us, which include hosting, development and administration, technical support and other support services relating to the Website or the operation of the Ajuda business. We will authorise any Personal Information processing done by a third party on our behalf, amongst other things by entering into written agreements with those third parties governing our relationship with them and containing confidentiality and non-disclosure provisions;
  - 5.1.1.3. to enable us to enforce or apply any other contract between you and us;
  - 5.1.1.4. to protect our rights, property or safety or that of our customers, employees, contractors, suppliers, service providers and any other third party;
  - 5.1.1.5. to mitigate any actual or reasonably perceived risk to us, our customers, employees, contractors or any other third;
  - 5.1.1.6. with governmental agencies and other regulatory bodies, if required to do so by law or there is a reasonable belief that such is necessary for:
    - 5.1.1.6.1. compliance with the law or with any legal process;
    - 5.1.1.6.2. the protection and defence of the rights, property or safety of Ajuda, or our customers, employees, contractors, suppliers, service providers or any third party; and
    - 5.1.1.6.3. the detection, prevention and management of actual or alleged fraud, security breaches, technical issues, or the abuse, misuse or unauthorised use of the Website and contraventions of this Privacy Policy.

STORAGE AND TRANSFER OF YOUR PERSONAL INFORMATION

6.1. We store your Personal Information on our servers or those of our service providers, currently in Render, Frankfurt, Germany.
6.2. We reserve the right to transfer to and/or store your Personal Information on servers in a jurisdiction other than where it was collected, or outside of South Africa in a jurisdiction that has comparable data protection legislation. It is specifically noted that the location where the data is currently stored falls under the ambit of the General Data Protection Regulations (“GDPR”).
6.3. If the location to which Personal Information is transferred and/or is stored does not have substantially similar laws to those of South Africa, which provide for the protection of Personal Information, we will take reasonably practicable steps, including the imposition of appropriate contractual terms to ensure that your Personal Information is adequately protected in that jurisdiction.
6.4. Please contact us if you require further information as to the specific mechanisms used by us when transferring your Personal Information outside of South Africa or to a jurisdiction that is different to the one in which we collected your Personal Information.

SECURITY

7.1. We take reasonable technical and organisational measures to secure the integrity of retained information and protect it from misuse, loss, alteration and destruction though the use of accepted technological standards that prevent unauthorised access to or disclosure of your Personal Information.
7.2. We review our information collection, storage and processing practices, including physical security measures periodically, to ensure that we keep abreast of good practice.
7.3. Despite the above measures being taken when Processing Personal Information, we do not guarantee that your Personal Information is 100% secure.
7.4. Ajuda has implemented procedures to address actual and suspected data breaches and undertakes to notify you and the relevant regulatory authorities of breaches in instances in which Ajuda is legally required to do so and within the period in which such notification is necessary.

RETENTION OF YOUR PERSONAL INFORMATION

8.1. We may retain and Process some or all of your Personal Information if and for as long as:
- 8.1.1. we are required or permitted by law or a contract with you to do so;
- 8.1.2. it is for lawful purposes that are related to our performance of our functions and activities;
- 8.1.3. in pursuance of the legitimate interests of Ajuda;
- 8.1.4. we reasonably require it for evidence; or
- 8.1.5. you agree to us retaining it for a further period.
8.2. To determine the appropriate retention period for Personal Information, Ajuda will consider, among other things, the nature and sensitivity of the Personal Information, the potential risks or harm that may result from its unauthorised use or disclosure, the purposes for which it processes the Personal Information and whether those purposes may be achieved through other, less intrusive, means. Ajuda will always comply with applicable legal, compliance, regulatory or other requirements as they pertain to the retention of Personal Information.

MAINTENANCE OF YOUR PERSONAL INFORMATION

9.1. In accordance with applicable legislation Ajuda will take all necessary steps to ensure that the persons responsible for the maintenance of your Personal Information do so in a manner that ensures that it is accurate, complete, not misleading and is up to date.
9.2. It is your responsibility to advise Ajuda should any of Personal Information we have about you be or become incorrect, incomplete, misleading or out of date, by notifying us at the contact details set out in clause 17 below.

YOUR RIGHTS

Relevant data protection laws may confer certain rights on you in respect of your Personal Information, in your jurisdiction or as a result of Processing, which include the right to:
10.1. Request access to your Personal Information (commonly known as a “data subject access request”), thereby enabling you to receive a copy of the Personal Information retained about you, you may do this in terms of the data subject access request form;
10.2. Request the correction of your Personal Information , in order to ensure that any incomplete or inaccurate Personal Information is corrected;
10.3. Request erasure of your Personal Information , where there is no lawful basis for the retention or continued processing of it;
10.4. Object to the processing of your Personal Information for 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 as you feel it impacts on your fundamental rights and freedoms;
10.5. Request restriction of processing of your Personal Information. This enables you to ask Ajuda to suspend the processing of your Personal Information in limited circumstances, which may differ by jurisdiction;
10.6. Withdraw consent previously given in respect of the processing of your Personal Information at any time which withdrawal of consent will not affect the lawfulness of any processing carried out prior to your notice of withdrawal. Withdrawal of consent may limit the ability of Ajuda or a third party to provide certain products or services to you, but will not affect the continued processing of your Personal Information in instances in which your consent is not required.

CHANGES TO THIS PRIVACY POLICY

11.1. This Privacy Policy may be amended from time to time and we will take reasonably practicable steps to inform you when changes are made. Without limiting the manner in which we may inform you, it could be that such notification may be by way of e-mail, a "pop-up" notification on the Website, or other notification when you access the Website.

MINORS:

12.1. Ajuda is committed to protecting the privacy of children.
12.2. This Policy explains our information collection, disclosure, and parental consent practices specifically with respect to the information provided by or on behalf of children under the age of 18 (“child”).
12.3. What kind of information we collect:
- 12.3.1. In any instance that we collect personal information from a child, we will retain that information only for as long as reasonably necessary to fulfil the activity requested;
- 12.3.2. In the event that we discover we have collected information from a child in a manner inconsistent with legal requirements, we will either delete the information or immediately seek the parent’s consent for that collection;
- 12.3.3. Information of children is considered “Special Personal Information”, and accordingly, is only collected when necessary;
- 12.3.4. Due to the nature of the services offered by Ajuda, users are required to provide certain information of their children / minors under their care;
- 12.3.5. Accordingly, Ajuda collects the following information of children, where necessary:
  - 12.3.5.1. Name
  - 12.3.5.2. Gender
  - 12.3.5.3. Date of birth
  - 12.3.5.4. Parent / Guardian details and contact details
  - 12.3.5.5. Medical information and records.
- 12.3.6. We will not request additional information that is not necessary for the purposes of fulfilling the services of the Website or App.
12.4. Verifiable Parental Consent:
- 12.4.1. In the event that Ajuda needs to process personal information from a child, POPIA requires that we first seek a parent or guardian’s consent.
- 12.4.2. Where a parent or legal guardian has provided the personal information of the minor, such act constitutes consent, and no further consent is required and the parent or legal guardian acknowledges that they have read the Ajuda terms and conditions and this Privacy Policy when creating a profile.
12.5. Sharing of minors Personal Information:
- 12.5.1. Ajuda may share or disclose personal information collected regarding children in a limited number of instances, including the following:
  - 12.5.1.1. We may disclose personal information if permitted or required by law, for example, in response to a court order or a subpoena, to the extent permitted by applicable law;
  - 12.5.1.2. We may also disclose personal information of children:
    - 12.5.1.2.1. in response to a law enforcement or public agency’s (including schools or children services) request;
    - 12.5.1.2.2. if we believe disclosure may prevent the instigation of a crime, facilitate an investigation related to public safety or protect the safety of a child;
    - 12.5.1.2.3. to protect the security or integrity of our sites, applications, and other technology, as well as the technology of our service providers; or
    - 12.5.1.2.4. enable us to take precautions against liability.
12.6. Parental choice and control:
- 12.6.1. At any time, parents can refuse to permit us to collect or further process personal information from their children in association with the use of the services, however, that will limit use of the services.
- 12.6.2. A Parent or guardian can request that we delete from our records the personal information we have collected in connection with the use of the services.

DIRECT MARKETING

13.1. When you register to use the Website, you will be required to provide your consent to agree to receive marketing communication from us.
13.2. You may refuse to accept, require us to discontinue, or pre-emptively block any approach or communication from us if that approach or communication is primarily for the purpose of direct marketing ("direct marketing communications").
13.3. You may opt out of receiving direct marketing communication from us at any time by requesting us (in the manner set out in the communication or by contacting us at the contact details set out in clause 17) to desist from providing any direct marketing communication to you.
13.4. If you have chosen to opt out, we may send you written confirmation of receipt of your opt out request (which may be in electronic form), and will thereafter not send any further direct marketing communication to you.

THIRD PARTY SITES

14.1. This Privacy Policy does not apply to the websites of any other parties, or the applications, products or services, such websites advertise and which may be linked to the Website, or websites that link to or advertise the Website. Ajuda is not responsible for the privacy practices of such third party websites.
14.2. We advise you to read the privacy policy of each third party website and determine whether you agree to the privacy practices and policies of such third party websites, as these third party websites may also be collecting or sharing your Personal Information.

GOVERNING LAW

15.1. This Privacy Policy is governed by South African law.
15.2. If any provision of this Privacy Policy is determined to be illegal, void or unenforceable due to applicable law or by order of a court of a competent jurisdiction, it shall be deemed to be deleted and the continuation in full force and effect of the remainder of the provisions will not be prejudiced.

QUERIES AND CONTACT DETAILS OF THE AJUDA INFORMATION OFFICER THE INFORMATION REGULATOR

16.1. Should you feel that your rights in respect of your Personal Information have been infringed, please address your concerns to the Information Officer.

AJUDA HEALTH (PROPRIETARY) LIMITED

Registration Number: 2022/394625/07
Registered address: 67 Roscommon Road, Parkview, Johannesburg, Gauteng, 2193
Tel: +27 83 586 0449 | +27 83 458 1948
Email: hello@ajuda.co.za

If you feel that the attempts by Ajuda to resolve the matter have been inadequate, you may lodge a complaint with the South African Information Regulator at:

The Information Regulator (South Africa)

27 Siemens Street, Braamfontein
Tel: 010 023 5200
Fax: 086 500 3351
If you are located outside of South Africa, you may contact the appropriate supervisory authority in your country of domicile.