Legal · POPIA
For Patients, Prospective Patients and Website Enquiries
This Privacy Policy explains how Swartland Women Health Clinic and Dr Amon Siveregi (the “Practice”, “we”, “us” or “our”) collect, use, retain, disclose and protect personal information in accordance with the Protection of Personal Information Act 4 of 2013 (“POPIA”), the POPIA Regulations, applicable healthcare and professional requirements, and other applicable South African law.
This Policy applies to personal information processed in connection with our patients and prospective patients, website visitors and persons who contact the Practice, including information submitted through a website enquiry or appointment form.
The Practice is the responsible party for the personal information it processes for its own purposes. Where a third party processes personal information on our behalf, that party may act as an operator under POPIA and will be required to process information in accordance with our instructions and applicable law.
| Practice name | Swartland Women Health Clinic |
|---|---|
| Healthcare professional | Dr Amon Siveregi – Obstetrician and Gynaecologist |
| Practice address | Suite 3, Crestcare Hospital, Piketberg Street, Malmesbury |
| Telephone | 022 634 0294 |
| drsiveregi@gmail.com | |
| Information Officer | Dr Amon Siveregi |
| Information Officer email | Amonsiveregi34@gmail.com |
| Information Officer telephone | 022 634 0294 |
Depending on your relationship and interaction with the Practice, we may process the following categories of personal information:
We generally collect personal information directly from you when you contact the Practice, complete a website form, request or attend an appointment, provide medical or administrative documents, communicate with us, or otherwise use our services.
Where permitted by POPIA, information may also be obtained from authorised representatives, referring healthcare professionals, hospitals, laboratories, medical schemes and other lawful sources. We will not collect personal information from sources other than the data subject unless an exception under POPIA applies.
We process personal information only where there is a lawful basis and where the processing is reasonable, adequate, relevant and not excessive in relation to the purpose for which it is processed. Depending on the circumstances, our lawful grounds may include your consent; taking steps at your request or performing a contract; complying with a legal obligation; protecting a legitimate interest; protecting a vital interest where permitted by law; and processing necessary for the provision of healthcare or other purposes permitted by POPIA.
We may process personal information for the following purposes:
Health information, including information relating to pregnancy, fertility and gynaecological health, is treated as special personal information under POPIA. The Practice will process such information only where a lawful ground under POPIA and applicable healthcare law exists and will apply appropriate safeguards to its confidentiality and security.
Where consent is required, consent will be obtained in a manner that is voluntary, specific and informed. Where processing is authorised by another lawful ground, we will not rely on consent as a substitute for that lawful ground. Patient confidentiality obligations applicable to healthcare professionals continue to apply independently of this Policy.
A website enquiry form may request your name, telephone number, email address and the reason for contacting the Practice. The reason for an enquiry may contain health information and should therefore be limited to information reasonably necessary for the Practice to respond.
Please do not use a website enquiry form to submit information about a medical emergency or urgent clinical condition. For emergencies, contact emergency medical services or attend the nearest emergency department.
If information reasonably required to respond to an enquiry is not provided, the Practice may be unable to contact you or provide the requested service.
We will seek to collect information that is adequate, relevant and not excessive for the purpose for which it is processed. We will take reasonably practicable steps to ensure that personal information is complete, accurate, not misleading and updated where necessary. You should notify us if your contact, medical or administrative information changes or if you become aware that information held by us is inaccurate.
We do not sell your personal information. We may disclose personal information where necessary, lawful and appropriate to:
We will not disclose personal information for a purpose incompatible with the purpose for which it was collected unless permitted or required by POPIA or another applicable law.
Where an operator processes personal information on behalf of the Practice, we will require the operator to establish and maintain appropriate security safeguards and to process personal information only in accordance with our instructions and applicable law. Operators will be required to notify us of any security compromise or other incident involving personal information without undue delay so that we can take the steps required by law.
Some service providers may process personal information outside South Africa. Where personal information is transferred to a third party in a foreign country, the Practice will comply with the requirements of section 72 of POPIA and will use an appropriate lawful mechanism, which may include ensuring that the recipient is subject to an adequate level of protection, obtaining consent where permitted and appropriate, or relying on another statutory exception or lawful basis. Where appropriate, contractual safeguards will be used to protect personal information transferred or processed outside South Africa.
Our website may use cookies and similar technologies to provide functionality, maintain security, understand website usage and, where applicable, measure advertising performance. Depending on the configuration of the website, third-party services such as Google Analytics or Google Ads may process technical or usage information.
You can manage or disable cookies through your browser settings. Where required by law, the website will request consent before placing non-essential cookies or using non-essential tracking technologies.
The Practice will comply with POPIA when sending direct marketing by electronic communication, including email, SMS or similar channels. Where POPIA requires consent, we will obtain the required consent before sending direct marketing. You may request that we stop sending direct marketing to you.
Every electronic direct marketing communication will provide a reasonably accessible opportunity to opt out, where required by law. An opt-out from marketing will not prevent us from sending necessary service, appointment, billing or other non-marketing communications.
We will not retain personal information for longer than is necessary for the purpose for which it was collected or further processed, unless retention is required or authorised by law, necessary for a lawful purpose related to the functions or activities of the Practice, required by a contract, or otherwise permitted by POPIA.
When information is no longer required, it will be securely deleted, destroyed, anonymised or otherwise disposed of in a manner that prevents unauthorised access or reconstruction, subject to any legal hold or retention obligation.
The Practice will take appropriate, reasonable technical and organisational measures to protect personal information against loss, damage, unauthorised destruction, unlawful access or processing, and other risks to confidentiality, integrity and availability. Safeguards may include access controls, passwords and authentication, confidentiality obligations, secure systems, backups, staff awareness and training, appropriate contracts with operators and service providers, and procedures for responding to suspected security compromises.
If there are reasonable grounds to believe that personal information has been accessed or acquired by an unauthorised person, the Practice will handle the incident in accordance with section 22 of POPIA, including notifying the Information Regulator and affected data subjects where required. Security compromises will be reported through the Information Regulator's prescribed process.
Subject to POPIA and other applicable legal limitations, you may have the right to:
Requests should be directed to the Information Officer using the contact details in section 2. The Practice may require reasonable proof of identity and may apply lawful fees, exemptions, limitations or procedures applicable to the request.
Where the Practice processes personal information relating to a child, it will comply with the special requirements applicable to children's information under POPIA. Where consent is required, consent will be obtained from a competent person unless another lawful exception applies. The Practice will take particular care when processing children's health information and will limit access and disclosure to what is lawfully necessary for the relevant purpose.
The Practice does not currently intend to make decisions based solely on automated processing that produce legal effects or similarly significant effects concerning patients. If this changes, the Practice will review the processing against the requirements of POPIA and provide the notices and safeguards required by law.
If you have a concern about how your personal information has been handled, please contact the Information Officer first so that the Practice can investigate and attempt to resolve the concern.
You also have the right to lodge a complaint with the Information Regulator of South Africa. The Regulator's current contact details and complaint process are available on its official website.
We may amend this Privacy Policy from time to time to reflect changes in our services, technology, processing activities or legal requirements. The latest version will be made available through the Practice's website or otherwise communicated where appropriate. The effective date and version number will be updated when material changes are made.