Privacy Policy

1. Personal Information

All Personal Information transmitted to or received by Imatri is controlled by:

Denmyd Medical (Pty) Ltd

Registration Number: 2011/011722/07

Physical Address: 11 Polo Crescent, Woodmead, Gauteng, 2191.

2. Definitions

For the purposes of this document:

2.1Words not defined here are deemed to be consistent with such definitions contained in the Protection of Personal Information Act No.4 of 2013 ("POPIA"), a subset of which can be found in the terminology section of the POPIA document.
2.2The terms set out in the following table shall have the following meanings provided and shall be written in initial capitals, cognate expressions bear a like meaning:

Term	Definition
Account	Digital entity on the Site being a virtual representation of the (real world) Medical Practice. Interaction with the (Practice) Account is by means of Members of the Practice acting as Users of the Account.
the Act	The set of the following: the Constitution, POPIA, PAIA, ECTA, NHA, HPCSA Guidelines and any other applicable data protection laws (if any).
Basic Personal Information	Personal Information exclusive of any content relating to Special Personal Information.
Capture	Create or edit/update a Digital Representation of data or upload data already in such digital form.
Consent	Any voluntary, specific and informed expression of will in terms of which permission is given for the Processing of Personal Information, and, in the context of the Health Record content forming part of the Patient Personal Information, the "informed consent" (of the Patient) as defined by the NHA and the HPCSA Guidelines.
the Constitution	The Constitution of the Republic of South Africa of 1996.
Digital Representation	Text, Image, Audio recording
Data Subject	Natural Person to whom the personal information relates. Additionally, for the purposes of this Agreement, in the context of a Practice, refers to the collection of all their Members and Patients associated with the Practice.
Denmyd	Denmyd Medical Equipment (Pty) Ltd with Registration Number: 2011/011722/07, a private company duly incorporated in terms of the Company Laws of the Republic of South Africa with their registered address situated at 11 Polo Crescent, Woodmead, 2191, Gauteng
Device	Equipment the Practice uses to access the Site, such as a computer, laptop, smartphone and/or tablet or similar technology.
ECTA	Electronic Communications and Transactions Act No. 25 of 2002.
Health Records	Health Records as defined in terms of the HPCSA Guidelines, Booklet 14.
Health Services	Health Services as defined in terms of Section 1 of the NHA.
HPCSA	Refers to the Health Professional Council of South Africa.
HPCSA Guidelines	Refers to the HPCSA Guidelines for Good Practice in the Health Care Professions, published by the HPCSA and updated and/or amended from time to time.
imatri	refers to both imatri, the Product of Denmyd, also referred to herin as the Site, and the associated imatri division of Denmyd; the latter being the collective entity which forms part of Denmyd, responsible for the development of the web application called imatri. In this Privacy Policy also referred to as us, our and/or the Responsible Party.
Information Regulator	The independent body responsible for monitoring and enforcing compliance with POPIA.
Juristic Person	Includes inter alia any of the following: a partnership, an association or other body of persons, incorporated or unincorporated, a trust, a company, an organisation, an entity, a body corporate or a group of companies.
Login Credentials	are the unique username and corresponding password corresponding to a single User, necessary to gain access to the Account to which that User belongs.
Member	Practitioner, Employee, or any such Natural Person acting in the capacity, of the Practice as a User of the Site.
Natural Person	means any living human being.
NHA	means the National Health Act No. 61 of 2003.
Operator	person who processes personal information for a responsible party in terms of a contract or mandate, without coming under the direct authority of that party.
PAIA	means the Promotion of Access to Information Act No. 2 of 2000
Patient	refers to the Natural Person under the care of the Practice
Patient Personal Information	Personal Information of the Patient including the Health Records of the Patient (Data Subject), or any other information of the Data Subject relating to Health Services, the processing of which would require the informed consent of the Data Subject.
Person	includes both a Natural and/or a Juristic Person.
Personal Information	has the meaning ascribed to it in terms of POPIA. References to Personal Information, in the context of an Account, refer to the Personal Information of all Patients under the custodianship of that Practice (Patient Personal Information), and the Personal Information of all Members associated with that Account.
POPIA	means the Protection of Personal Information Act No. 4 of 2013.
Practice	is the Medical Practice, being the collective entity headed by the Healthcare Professional (Practitioner) and incorporating all employees, and individuals who act on their behalf (Members). References to (the) Practice in this Privacy Policy include any Member given the authority by the Practitioner to act on the Practice's behalf to such an extent necessary within the context allowed by any given clause. To emphasise the fact that the Practice is an organisational unit comprised of many, the Practice is also referred to as they or their in the third-person plural and possessive contexts respectively.
Practice Account	Refers to the Account corresponding to the Practice. The virtual presence of the Practice on the Site
Practice Data	refer to the Personal Information of all Patients under the custodianship of that Practice (Patient Personal Information), and the Personal Information of all Members of the Practice.
Practitioner	means a healthcare professional who is registered with the HPCSA, the owner of the Practice with a corresponding Account on imatri
Processing	Any operation or activity concerning personal information, including: collection, recording, organization, storage, and modification; retrieval, consultation, and use; dissemination, distribution, and making available; merging, linking, restricting, erasure, and destruction. Process / Processed / Processes shall carry a similar meaning.
Responsible Party	public or private body or any other person who determines the purpose of, and means for, processing personal information.
Site	means the imatri system: web application, website, online software platform.
User	Refers to Member of the Practice in the context of making use of the Site. Users process data within the context of a secured Account on the Site, accessible after the validation of Login Credentials.

3. Introduction

The Health Records in the custodianship of the Practice constitute extremely sensitive Personal Information. The Practice is also responsible for the Personal Information of all Members of the Practice. Regardless of the nature of such Personal Information, we recognise the trust placed in us and our duty to always keep their data secure and confidential.

The motivation for the Processing of Health Records by a Practice is both a legal mandate under the NHA, and a professional obligation under HPCSA Guidelines. Our role is to provide the Practice with the tools necessary to facilitating the Processing of Health Records within this framework. This includes easing the process of maintenance of such records with regard to their integrity, and ensuring that the requirement for explicit and informed Patient Consent is clearly presented to the Practice for any processing activities that are conducted by the practice. It is very important to note that our platform does not provide any functionality that would allow for the sharing of patient health records to third parties.

We also employ industry-standard encryption, access controls, and data loss prevention measures to comply with the stricter security standards required for Special Personal Information. We are committed to the principle of data minimization, and only collect and store the Special Personal Information that is necessary for the provision of our services to the practice. Finally, the safeguarding of the Practice Data is paramount and core to our service offering.

Our Privacy Policy describes the categories of Personal Information that imatri processes, the purposes for which we may use such Personal Information, the circumstances in which we may share such Personal Information, and the protective measures taken to safeguard such Personal Information (thus honouring the privacy of the Data Subject). Our privacy policy was designed around POPIA as the framework. We present the policy in a user-friendly guide with questions and their answers embedded with POPIA terminology. POPIA terms are framed within the context of imatri.

4. What is Personal Information?

4.1Personal Information refers to information associated with a Natural Person (personal particulars). When viewed as a set this information constitutes a unique profile which can be used to identify the Person.
4.2Personal Information includes, but is not limited to: name and contact information, demographics, gender, sex, origin, colour, sexual orientation, marital status, age, language, identity number, passport number, date of birth, preferred communication methods, bank details, credit card details, biometric information and Health Records.

5. What is Special Personal Information?

5.1This is a subset of Personal Information concerning Health Records, religious or philosophical beliefs, race or ethnic origin, trade union membership, political opinions, DNA, sexual life or criminal behaviour. The Special Personal Information in the context of the Practice refers to the Health Records of their Patients. The Personal Information pertaining to Members of the Practice is far more limited and does not include Special Personal Information.
5.2Special Personal Information is subject to more stringent requirements under POPIA. The Processing of Special Personal Information requires a clear purpose motivating the need for such Processing. Additionally it requires the explicit content of the Data Subject, and is subject to compliance with stricter security standards.

6. What is Patient Personal Information?

Personal Information of the Patient including the Health Records of the Patient (Data Subject), or any other information of the Data Subject relating to Health Services, the processing of which would require the informed consent of the Data Subject.

7. What is a Data Subject?

This is the Person to whom the Personal Information (data) pertains. In the case of a Practice there are multiple Data Subjects: each of the Patients and each of the Members of the Practice. Patients are the primary Data Subjects, their Personal Information representing the bulk of the Practice Data.

8. What is a Responsible Party?

8.1Under the Protection of Personal Information Act (POPIA), a 'Responsible Party' is the entity that determines the purpose and means of processing personal information. In the context of our practice management software, the medical practice itself is the Responsible Party for the Health Records of its patients.
8.2This means that the Practice, not our software company, is the one who decides:
8.2.1Why patient Health Records are collected (e.g., for diagnosis, treatment, billing).
8.2.2What information is collected and used.
8.2.3How that information is used and managed.
8.3Our role as the software provider is that of an 'Operator' (as defined in the next section). We provide the Practice with the tools and infrastructure to manage their patient records efficiently and securely, but we act under their instructions and do not determine the purposes for which the Health Records are processed. Therefore, the Practice retains ultimate control and responsibility for the patient Health Records stored and managed through our platform.
8.4It is very important to remember, that the responsible party is the one that is ultimately responsible for POPIA compliance, in terms of the patient data.

9. What is an Operator?

9.1Under the Protection of Personal Information Act (POPIA), an 'Operator' is a person or entity who processes personal information on behalf of a Responsible Party in terms of a contract or mandate, without coming under the direct authority of that Responsible Party.
9.2In the context of our practice management software, we act as an Operator for the medical practices that use our platform. This means that:
9.2.1We process Health Records solely according to the instructions and specifications provided by the Practice (the Responsible Party).
9.2.2We do not use or disclose Health Records for our own purposes, unless explicitly authorized by the Practice or required by law.
9.2.3Our role is limited to providing the technical infrastructure and tools necessary for the Practice to manage their patient data securely and efficiently.
9.2.4We implement robust security measures to protect the Health Records entrusted to us, in line with POPIA's requirements.
9.3Essentially, we provide the 'how' of data processing, while the Practice determines the 'why' and 'what.' Our relationship with the Practice is governed by a contract that outlines our responsibilities as an Operator and ensures that we act in accordance with POPIA and the Practice's instructions.
9.4It is very important to remember, that even as an operator, we have strict responsibilities under POPIA, to ensure that the data is processed in a secure and compliant manner.

10. What and how is Practice Data collected?

10.1The Health Records of each Patient under the care of a given Practice constitute the majority of the Personal Information associated with the given practice. All such Patient Personal Information is captured (input or uploaded) by a Member of the Practice acting as User on the Site.
10.2Additionally, the Site requires the Personal Information associated with the Practice administration, i.e. the Personal Information of all Members of the Practice, including those of the Practitioner. These are provided by the Practice upon registration and during maintenance of their Account.
10.3All Practice Data is linked to the Practice's Account on the Site.
10.4The User who captured specific data is linked to that data.

Data Subject	Personal Information
Any Natural Person (including Patients & Members of Practice)	Basic Personal Information, notably: name, identity number, date of birth, e-mail, telephone/mobile number(s) and physical address
Patient	Billing data including medical aid details, Health records including referring doctor's details, Health Records including: past appointments and associated notes, medication, diagnoses, lab test results, radiographic data and miscellaneous medical history
Practitioner	Details relating to the Practice, registration details at the HPCSA, credit card details (for administration of subscription to imarti)

10.5By providing data to us, the Practice is consenting to us using it as provided for in this Privacy Policy.

11. How do we protect Practice Data?

11.1Imarti will take all appropriate, reasonable, technical and organisational steps, to prevent, and to the best of our capabilities, any unauthorised access to, or disclosure of the Practice Data. While no method of electronic transmission or storage can ever be completely guaranteed, imarti is 100% committed to minimising any such possibility.
11.2We employ industry-standard encryption, access controls both industry-standard and enhanced, and data loss prevention measures assisted by backup and redundancy systems.
11.3Secure, encrypted Sessions requiring Login Credentials for each User as standard, and enhanced protection through a Permission framework in which the Practice has fine-tuned control over the scope of functionality available to each of their Members.
11.4We maintain physical, electronic and procedural safeguards in connection with the disclosure of Practice Data. As such, there may be instances in which we may employ additional measures requiring proof of identity and the use of OTPs before any disclosing the Practice's Data to them.
11.5Only in exceptional circumstances, and when legally mandated, will we permit access to Practice Data to any Person external to the Practice. In such instances the most stringent of security measures, requiring special intervention by imatri to verify the authenticity of any such mandate.
11.6In the case, in which there are reasonable grounds to believe that, the Practice Data has been accessed or acquired by any unauthorised means:
11.6.1imatri will, as soon as possible after becoming aware of such an incident, notify the Practice and the Information Regulator (appointed in terms of POPIA).
11.6.2It may be necessary, if a relevant public body or the information regulator deems necessary, to delay notifying the Practice of the data breach; if notifying the Practice prematurely would compromise a criminal investigation.
11.6.3At such a time, imatri informs the Practice of the threat to the security of their data, imatri will provide the Practice with the necessary information to allow the Practice to take pre-emptive measures in respect of potential consequences resulting from such.

12. What does Processing of data mean?

12.1Processing (by imarti) means any operation or activity or any set of operations, whether or not by automatic means, concerning data, including:
12.2"the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation, use, dissemination by means of transmission, distribution or making available in any other form; or merging, linking, as well as restriction, degradation, erasure or destruction thereof (by imarti)"

13. How do we Process Practice Data?

13.1Practice Data is Processed to provide the services requested from imarti to facilitate Practice management, principally:
13.1.1Capture, storage and retrieval of Basic Personal Information of Patients and Members
13.1.2Capture, storage and retrieval of Health Records (Special Personal Information) including doctor's private notes (medical history, appointment notes), correspondence (referral letters, certification of illness), lab test results and radiographic images.
13.1.3Appointment management including booking/scheduling with associated record-keeping and Patient communications (reminders and confirmations)
13.1.4Financial administration (relating to rumenration for services rendered to Patients) including invoicing, payment tracking and generation of associated documentation (invoices, receipts, statements of account),
13.1.5Control over User activity including setting the scope of functionality of the Site with regard to Processing on a per-User basis (generalised or finetuned to a given context), and data-specific logging of Processing according to User responsible
13.2We also use the Practitioner portion of the Practice Data required in the collection of fees and any other payments that may be due to us for the use of the Site.
13.3We shall never share Practice Data to third parties, without consent, except in exceptional circumstances as dictated by legislation.
13.4Practice Data is also used for to apply this Privacy Policy:
13.4.1authentication of User identity when interacting with imatri;
13.4.2to ensure that a Practice is registered with the HPCSA
13.5We limit the types of Practice Data Processed no further than the extent reasonably necessary:
13.5.1to allow the functionality of imarti as online Practice management software and a repository for Patient Health Records,
13.5.2for security, administrative and legal purposes related to the functionality of imarti such that it provides the purpose it is so intended, consistent with the Privacy Policy and ensuring adherence to the relevant legislation

14. When and under what circumstances do we Process data?

14.1We only Process Practice Data after having been given explicit Consent by the Practice. Such Consent is provided when agreeing to our Terms & Conditions and this Privacy Policy.
14.2Each time a User logs on, they are reminded that by signing on, constitutes a recommitment to the Terms and Conditions and this Privacy Policy. This reminder includes a link to the Terms & Conditions and this Privacy Policy.
14.3At the bottom of every page on the Site, there is a reminder as described above.

15. Can we Process Practice Data without the Practice's Consent?

No, with the only exception being in the instance in which compelled to do so by law.

16. What is Consent and what does the Practice Consent to?

16.1Consent is any voluntary, specific and informed expression of will in terms of which permission is given for the Processing of Personal Information.
16.2The Practice provides such Consent to imarti to act in the capacity of and the operator (data operator) of their Practice Data.
16.3Since the Practice Data entails the Personal Information of multiple Data Subjects (Members and Patients), the Practice warrants and represents that it has obtained all necessary and valid consents from all associated Data Subjects.
16.4To assist the Practice in evidencing the consent of a Member that their Personal Information be processeed:
16.4.1When a Member is registered on the Site by the Practice as a User of the Practice Account, confirmation must be given that the requisite consent has been obtained from the Member
16.4.2When a Member logs in to the Site to act as a User of the Practice Account, the Member is reminded that logging in constitutes acknowledgement from the Member that they have agreed to have their Personal Information processed for the reasons stated in clause 13,
16.5For the purposes of this Privacy Policy, in the case in which the Data Subject referenced is a Patient, Consent incorporates the above with "informed consent" required for the lawful processing of any information of the Data Subject relating to Health Services. Such "informed consent" does not include that to consent required to receive medical treatment, as is defined in the National Health Act No. 61 of 2003.
16.6The Site encourages the Practice to upload a Patient Consent form: the Site reminds the User when adding a new Patient, and on the page realting to the Patient (if applicable). Also integrated into system is the facilicty to generate consent forms specific to imarti or more generalised. More specficially, the Site guides the Practice in the process of the creation of Consent forms, ensuring that they are POPIA compliant and consistent with all other relevant legislation.

17. How can the Practice withdraw their Consent?

Consent can be withdrawn at any time and a request made to have their Practice Data removed:

17.1Directly through the Site,
17.2Contacting us via email to submit such a request to consent@logbox.co.za

18. What happens to the Practice Data after withdrawal of Consent by the Practice?

18.1We shall safely return their data to the Practice and subsequently the digital copy, in our possession, will be completely erased; unless we are legally compelled to retain it for the period prescribed by any relevant legislation.
18.2Upon confirmation of the request to dispose of the Practice Data, written notice will be provided, and should the Practice not inform us otherwise, after a period of 30 days, we shall destroy any digital trace of such data.

19. How long do we retain Practice Data?

19.1The retention period for Personal Information is that period necessary to comply with any legal obligations and for the duration required to fulfil the purposes outlined in this Privacy Policy.
19.2We will keep personal information for as long as:
19.2.1Any applicable law or act (medical or otherwise) requires us to do so;
19.2.2an agreement between us and the Practice requires it be retained;
19.2.3the Practice have consented to us keeping it;
19.2.4we are required to do so to achieve the purposes set out by our Terms & Conditions and this Privacy Policy;

20. What does the Practice agree to when registering?

The Practice agrees to the terms set out in our Terms&Conditions and this Privacy Policy; and to the Processing of such data provided by the Practice (Practice Data) for all purposes listed in clause 13.

21. What rights does the Practice have?

Imatri is specifically designed to make it simple for the Practice to add new data, and view, edit or delete their existing data. Additionally, the Practice have the right, at any time, to object to the Processing of any Personal Information currently stored on, and accessible through the Site; subject to the provisions of POPIA and any other applicable data protection laws.

22. Can we transfer Practice Data internationally?

Yes, provided that the target location has policies and measures in place consistent with those set out by POPIA and any other applicable laws.

23. What are cookies and do we use cookies?

23.1Cookies are pieces of information a website or web application stores locally (on the User's Device) for record-keeping purposes. The use of cookies is an industry standard and their primary purpose is to enhance User experience, for example by saving User preferences.
23.2imatri may place a "cookie" on User's browser to enhance functionality.
23.3Cookies are enabled by default by most browsers, however the use of cookies is optional, and the browser can be set to reject cookies. The User can opt to reject cookies from imarti but this may cause improper function of the system.

24. Use of IP Address

24.1An IP address is a numerical code that is automatically assigned to a computer whenever it is connected to the Internet.
24.2Imatri logs IP addresses for the purposes of system administration and auditing usage of the Site.
24.3We do not ordinarily link IP addresses to Practice Data, however we make no guarantee of this. Imarti reserves the right to capture IP addresses corresponding to Practice Data should it become necessary for the integrity of the Site.

25. Passwords and Login Credentials

25.1For security purposes, access is restricted to Practices registered with imarti.
25.2Registration creates an Account for the Practice on the Site.
25.3Members of the Practice choose their own Login Credentials. The Login Credentials grant each Member access, as a User, to the Practice's Account.
25.4To ensure safeguarding of Practice Data, it is critical each Member keep their credentials secret. Furthermore, it is considered good practice (and advisable) that each Member change their password periodically; Imarti has built-in mechanisms to make this routine.
25.5The Practice bear all responsibility for any unauthorised access to their Account, and the consequences thereof, due to another party gaining access to the Login Credentials of any of their Members.

26. Amendments to The Privacy Policy

Imatri reserves the right to, at any time, amend the terms of this Privacy Policy. Any such changes will be clearly communicated to the Practice.

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