Dear Member

You are receiving this communication as you are a member/patient of this medical practice, Dr Carla Jardine (hereafter referred to as “the Practice”).

Dr Carla Jardine acts as consultant and administrator of the practice and in her role as such, is the practice’s appointed processor to process your personal data for the purpose of any or all of the undermentioned actions, being the legitimate reasons for processing and/or using your personal data;

Your personal information is stored and secured in the centralized database of the Practice;

We will always ensure that your information remains secure and that it is dealt with in line with the new POPIA legislation.    

Authorised Actions by the Practice

  • To collect and have access to your personal information;
  • To collect and process this personal information for the purpose of rendering services to you as well as, where relevant, processing claims with medical schemes or insurance funders;
  • To use your personal information to communicate with you in person / via telephone / email / video call / fax / WhatsApp / any form of social media;
  • To use your personal information to render certain administrative and financial services to you, including coding queries, billing issues and audit assistance.

We hereby encourage you to perform an update of your personal information on a regular basis. Should you not wish to receive our communications at this time, please notify us in writing.

Consent Withdrawal 

You may withdraw your consent at any time by using the relevant Data Subject Consent Withdrawal Form.

Your personal information will only be utilized for the purpose it was collected; the information will only be retained for as long as is necessary and required by law; you have the right to view such information at any time, as well as request correction or deletion of your personal Information held by the Practice.

Acceptance

Should you not advise us that you disagree with any of the authorised actions in writing, it will be accepted that you have provided your consent to such authorised actions and to the processing and/or use of your personal information as explained above.  

  

POPIA Compliance Notice

 

This practice is committed to protecting the privacy and accuracy of confidential personal client/customer information to the extent possible, subject to provisions of the Protection of Personal Information Act of 2013 (POPIA). To learn more about how we collect, keep and process your personal information in compliance with the POPIA, please read our Privacy Policy hereunder.

 

This Privacy Statement was last revised on 13 July 2021. We may change this Privacy Statement at any time and for any reason. We encourage you to review this Privacy Statement regularly. If we decide to make a significant change to our Privacy Statement, we will post a notice on the homepage of our website for a period of time after the change is made.

If you have questions or comments about this Privacy Statement, please use the Contact Form/Email provided on the website.

  1. Introduction

1.1       The Practice must collect personal information about employees, workers, individuals and patients we have a business relationship with, in order to carry out our daily business functions and activities efficiently and with satisfaction, and to provide the services determined by our business type.

1.2       In addition, it may sometimes be necessary for the Practice to collect certain types of personal information to comply with the requirements of the law and / or regulations.

1.3       The Practice is committed to the secure processing and retention of any confidential information and assets in accordance with contractual and legal obligations, and that the Practice does so in an ethical and consistent manner. The Practice confirms that its approach and procedures comply with the POPIA and its regulations, and that staff are trained and advised accordingly on the procedures and controls in place.

  1. The Personal Data that we collect
  • In this Section 2, we set out the general categories of personal data that we process.
  • We may process data enabling us to get in touch with you and may include your name, email address, telephone number, postal address and/or social media account identifiers.
  • We may process data regarding medical records, medical reports, medical files, x-rays, test results, diagnosis results, which includes personal information and data regarding minor children, that will enable and allow us to effectively and efficiently carry out our professional medical services.
  • We may process data received from third parties including other medical practitioners, colleagues, teachers, parents, members of a community and/or any other interested or affected person regarding a medical patient.
  • We may process data about your use of our website and services (usage data). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. This usage data may be processed for the purposes of analyzing the use of the website and services.
  • We may process your personal data that is provided in the course of the use of our services (service data). The service data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you.
  • We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters (notification data). The notification data may be processed for the purposes of sending you the relevant notifications and/or newsletters. You will always have the option of withdrawing consent to this service.
  • We may process information contained in or relating to any communication that you send to us (correspondence data).
  1. Purposes of processing and legal bases

 

  • In this Section 3, we have set out the purposes for which we may process

personal data and the legal bases of the processing.

  • Operations – We may process your personal data for processing and fulfilment of providing our services, generating invoices, bills and other payment-related documentation, and credit control. The legal basis for this processing is our legitimate interests, namely the proper administration of our services and business.
  • Relationships and communications – We may process your personal data for the purposes of managing our relationships with our patients and customers, communicating with you by email, SMS, post, fax and/or telephone, providing support services and complaint handling. The legal basis for this processing is our legitimate interests, namely: communications with our visitors, individual customers and patients, the maintenance of relationships, and the proper administration of our services and business.
  • Record keeping – We may process your personal data for the purposes of creating and maintaining our databases, back-up copies of our databases and our business records generally. The legal basis for this processing is our legitimate interests, namely ensuring that we have access to and availability of all the information we need to properly and efficiently run our business in accordance with the POPIA.
  • Security – We may process your personal data for the purposes of security and the prevention of fraud and other criminal activity. The legal basis of this processing is our legitimate interests, namely the protection of our services and business, the protection of individuals and the protection of patients and customers.
  • Insurance and risk management – We may process your personal data where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks and/or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.
  • Legal claims – We may process your personal data where necessary for the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of minor children.
  • Legal compliance and vital interests – We may also process your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of minor children.
  1. Providing your personal data to others

 

4.1     We may disclose and share your personal data including that of minor children where and when necessary to third parties, including, but not limited to other medical practitioners, colleagues, other medical specialists, medical aid schemes, insurance organizations, other medical organizations, and/or any other interested or affected party, with your prior written consent and permission.

4.4     In addition to the specific disclosures of personal data set out above, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or to protect your vital interests or the vital interests of minor children. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise, or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

  1. International transfers of your personal data

5.1       We may transfer your personal data and that of minor children from South Africa across borders where and when necessary or required with your prior written consent and permission.

  1. Retaining and deleting personal data

 

Retention of data

 

  • The POPIA obliges the Practice to process personal data fairly and not to hold the data for a longer period than is necessary to achieve medical goals. Furthermore, records will be retained to provide information on, and proof of the Practice’s transactions, customers, patients, and business activities.
  • The Practice data retention objectives and principles are to set boundaries for retaining personal data and ensuring compliance; ensure that the Practice fully meets its obligations and rights of data under the POPIA; secure protection of confidential data and its information assets; and ensure that records and documents are retained for the legal, contractual and regulatory period set in accordance with the POPIA.
  • The Practice systematically maintains data records in a manner that meets the POPIA’s requirements. This policy is widely disseminated to ensure a standardized approach to data retention and record management.
  • Documents are always stored in a secure platform and server with authorized personnel being the only people who have access to it.
  • In terms of section 14 of the POPIA, records of personal information must not be retained any longer than is necessary for achieving the purpose for which the information was collected and processed. Records should not be retained randomly on an indefinite basis.
  • Patient data and medical aid information is stored on a could based electronic billing platform which is password protected and secure.
  • Patient files are stored on the Cloud onto OneNote and then saved on OneDrive which are also protected and secure.
  • Files and records pertaining to minor children are kept and stored until the minor child is 21 years of age.
  1. Destruction of personal information

 

  • Practices must consciously think about how and in what manner they destroy or delete personal information and whether such processes meet muster as required by the test established by the POPIA in terms of section 14(5).
  • In certain instances, practices may consider taking the easy route out and hire a reputable company to destroy the hard copy or electronic data for them. Practices should exercise caution on this approach as in such instances it is the medical practice’s responsibility to ensure that such a company is compliant with the POPIA when such data is destroyed and deleted, as in instances of a data beach, both the company providing the service and the medical practice could be held liable in terms of the POPIA.
  • In light of the POPIA, the onus is on practices to ensure that personal information is sufficiently destroyed and deleted.
  • Any actions undertaken by practices to destroy or delete personal information will be under scrutiny should such processes not at a minimum ensure that the personal information is destroyed or deleted in a manner that prevents its reconstruction in an intelligible form.
  • Disposing of personal information by recycling or deleting a file electronically may not in the face of the POPIA be enough, as some remanence of that personal information may be retained. It is therefore incumbent upon practices to take control of the manner in which personal information is disposed of and to ensure that appropriate mechanisms within the practice are established to address potential risks.
  • All information of a confidential or sensitive nature on paper or electronic media must be destroyed when it is no longer needed. This ensures compliance with the POPIA and the duty of confidentiality that the Practice owes to its employees, patients and customers.
  • Personal or sensitive paper-based information should not only be discarded in a trashcan. Such documents must first be processed in a specific way. Documents that do not contain confidential information can be destroyed in the usual way.
  • All patient files, records and notes are scanned and uploaded onto OneNote / OneDrive and are kept on the Cloud. The original paper – based notes are destroyed by shredding them.
  • Under certain circumstances, data subjects have the right to request that their personal data be deleted. Data subjects have the right to delete personal data only and to prevent processing if any of the following conditions apply:
    • Where the personal data is no longer needed for the purpose for which it was originally collected.
    • When the individual withdraws consent.
    • When there is no relevant legitimate interest in the continued processing.
    • The personal data has been processed illegally; or
    • Extermination and destruction is required by law.
  1. Your rights

8.1       Your principal rights under data protection laws are:

  • the right to access – you can ask for copies of your personal data;
  • the right to rectification – you can ask us to rectify inaccurate personal data and to complete incomplete personal data;
  • the right to erasure – you can ask us to erase your personal data;
  • the right to object to processing – you can object to the processing of your personal data;
  • the right to complain to a supervisory authority – you can complain about our processing of your personal data; and
  • the right to withdraw consent – to the extent that the legal basis of our processing of your personal data is consent, you can withdraw that consent.

8.2       Such rights are not absolute and may be subject to certain limitations and restrictions.

  1. Information Officer

 

Our Information Officer is the Managing Director of the Practice, Dr. Carla Jardine.

Physical address: 14 Wethered Road, Greenside, 2034

Postal address: P O Box 85552 Emmerentia, 2029

Cell: 082 828 6454

Website: DrCJardine.co.za

 

  1. Terms and Conditions:

 

  • `Consultations:

Please arrive 15 mins prior to your appointment so that we may confirm your appointment details and follow the correct Covid 19 procedures.  Due to the nature of a medical practice appointment times cannot be guaranteed and the practitioners may be running behind schedule from time to time.

Please direct all account and patient queries to Candice Melton at the reception.  The practitioners will not be available to discuss medical enquiries via watsapp, text, email or cellphone.  The practitioners are available during practice hours at the medical rooms: 071 496 9837. 

If you have an emergency and you are unable to get an appointment please proceed directly to the nearest hospital casualty department.  There is a Paediatrician on call at all hours and the casualty staff will liaise with the on call doctor.

Appointments that have been confirmed but do not arrive will be charged a full consultation fee.

  • Practice Hours:

We are open for consultations Mon-Fri from 08h00-17h00.  The practice is closed on weekends and public holidays.  These hours may vary or change from time to time at the discretion of the individual practitioners. 

  • Complaints Procedure:

If you have a complaint regarding your appointment, account or any aspect of your experience at the Practice please put the details in writing and email it to drjardinepractice@gmail.com.

  • Account Payments:

This is a cash practice. We do not submit medical aid claims on your behalf.  Your account is your responsibility and needs to be settled in full at the end of your appointment.  If you are a member of a medical aid scheme, the agreement that exists is between yourself and the Insurer; the practice will not undertake dealings with your medical aid on your behalf.

Accounts that have not been paid for more than 90 days will be handed over to a debt collection agency and will be blacklisted.  The fees that are incurred during this process will be charged to you.  You are liable for the interest that will be charged on overdue accounts. 

Please confirm that your personal information is correct on our forms.  We will not share your personal or medical information with anyone without your prior consent.  We are a paperless practice; your records are electronic and are stored securely onto the Cloud.

The patient and/or guarantor consents that the practice may use a national credit bureau database for tracing purposes if necessary.

Should that patient and/or guarantor fail to settle their account in full, the practice may record the patient and/or guarantor default with a Credit Bureau.

In the event of legal proceedings for the recovery of an unpaid account, the patient and/or guarantor will be liable for the payment of legal fees at a rate between attorney and client.  All parties named herein consent to the jurisdiction of the magistrate’s court should legal proceedings be necessary for collection of outstanding amounts.

The patient and/or guarantor consents that all personal information may be provided to our attorney on record should the account be handed over for legal collection.