PRIVACY POLICY


This National Renal Care Website (the “Site”) is comprised of various web pages which are owned and operated by National Renal Care Proprietary Limited (“NRC”). The use of this Site is subject to the terms, conditions, and notices contained herein.

National Renal Care licenses any person who enters or uses this Site (“the User”) by use of a unique User ID and Password to view the content of this Site and to upload certain information (including but not limited to Personal Information and Patient Information). All licenses and/or permissions granted are provided on a non-exclusive and non-transferrable basis and may be terminated or cancelled by National Renal Care at any time without giving reasons therefore.

The User acknowledges that by utilising the site, he/she is deemed to have agreed to all such terms, conditions, and notices contained herein.

Privacy Notices, records and statements are reviewed and updated by the Information Officer and the User can refer to the PAIA Manual for further details in this regard.



MODIFICATION OF THESE TERMS OF USE


National Renal Care reserves the right, at any time and without prior notice to the User, to change these terms of use and the User shall be automatically bound by such changes.



LINKS TO THIRD PARTY SITES


The Site may contain links to other Websites ("Linked Sites").

The Linked Sites are not under the control of National Renal Care and National Renal Care is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.

National Renal Care is not responsible for webcasting or any other form of transmission received from any Linked Site.

National Renal Care is providing these Linked Sites to the User only as a convenience and the inclusion of any Linked Site does not imply any endorsement by National Renal Care of the Linked Site or any association with its operators.



NO UNLAWFUL OR PROHIBITED USE


The User warrants to National Renal Care that it will not use the Site for any purpose that is unlawful or prohibited by these terms and conditions

The User shall not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site

The User may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.



USE OF COMMUNICATION SERVICES


The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable the User to communicate with the public at large or with a group (collectively, "Communication Services"), the User agrees to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, the User agrees that when using a Communication Service, he/she will not:

 •defame abuse, harass, stalk, threaten or otherwise violate the legal rights (such as     rights of privacy and publicity) of others;

 •publish post, upload, distribute or disseminate any inappropriate, profane,defamatory,
    infringing, obscene, indecent or unlawful topic, name, material or information;

 •upload files that contain software or other material protected by intellectual property     laws(or by rights of privacy of publicity) unless the User owns or controls the rights
    thereto or has received all necessary consents;

 •upload files that contain viruses, corrupted files, or any other similar software or     programs that may damage the operation of another's computer;

 •advertise or offer to sell or buy any goods or services for any business purpose, unless         such Communication Service specifically allows such messages;

 •conduct or forward surveys, contests, pyramid schemes or chain letters;

 •download any file posted by another user of a Communication Service that the User
    knows, or reasonably should know, cannot be legally distributed in such manner;

 •falsify or delete any author attributions, legal or other proper notices or proprietary
   designations or labels of the origin or source of software or other material contained in a
   file that is uploaded;

 •restrict or inhibit any other user from using and enjoying the Communication Services;

 •violate any code of conduct or other guidelines which may be applicable for any particular    communication service;

 •harvest or otherwise collect information about others, including e-mail addresses,without     their consent; or

 •violate any applicable laws or regulations.

National Renal Care has no obligation to monitor the Communication Services. However, National Renal Care reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion.

National Renal Care reserves the right to terminate the User’s access to any or all of the Communication Services at any time without notice for any reason whatsoever.

National Renal Care reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in National Renal Care’s sole discretion.

The User shall use caution when giving out any personally identifying information about himself/herself or his/her children in any Communication Service. National Renal Care does not control or endorse the content, messages or information found in any Communication Service and, therefore, National Renal Care specifically disclaims any liability with regard to the Communication Services and any actions resulting from the User’s participation in any Communication Service. Managers and hosts of the Community Services are not authorised National Renal Care spokespersons, and their views do not necessarily reflect those of Netcare.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. The User is responsible for adhering to such limitations should the material be downloaded.



MATERIALS PROVIDED TO NATIONAL RENAL CARE


National Renal Care does not claim ownership to any of the materials the User provides to National Renal Care (including feedback and suggestions) or to any of the posts, uploads, input or submissions the User provides to the Site or to the Sites associated services (collectively "Submissions").

By posting, uploading, inputting, providing or submitting the Submissions, the User warrants and represent that he/she owns or otherwise has authorised control over all of the rights associated with the Submission as described in this section including, without limitation, all the rights necessary for the User to provide, post, upload, input or submit the Submissions.



LIABILITY DISCLAIMER


The information, software, products, and services included in or available through the Site may include inaccuracies or typographical errors. Changes are periodically added to the information herein.

National Renal Care and/or its agents may make improvements and/or changes to the Site at any time without prior notice to the User

No warranties, representations, undertakings whether express or implied are given in respect of this Site (including but not limited to the content, software, products, related graphics or the service provided) including the reliability, accuracy, completeness, suitability and availability of this Site or of any other website or Linked Site which may be accessed through this Site. Accordingly, National Renal Care shall not be bound in any manner by any information contained on this Site, Linked Site or other websites. Any reliance on any information on this Site shall be at the User’s own risk.

To the maximum extent permitted by the applicable law, in no event shall National Renal Care, its affiliates and/or its agents be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Site, with the delay or inability to use the Site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Site, or otherwise arising out of the use of the Site, whether based on agreement, delict, negligence, strict liability or otherwise, even if National Renal Care, its affiliates or any of its agents has been advised of the possibility of damages

Whilst we will endeavor to ensure security of the Site, National Renal Care provides no warranty or guarantee that the Site will be error and virus free and will therefore accept no liability for damage or loss that the User may suffer as a result of any electronic communications sent by National Renal Care that may contain viruses.

If the User is dissatisfied with any portion of the Site, or with any of these terms of use, the User’s sole and exclusive remedy is to discontinue using the Site.


USE OF COOKIES


The Site uses "cookies" to help you personalize your online experience. A cookie is a text file that is placed on the User’s hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to the User’s computer. Cookies are uniquely assigned to the User and can only be read by a web server in the domain that issued the cookie to the User.

One of the primary purposes of cookies is to provide a convenience feature to save the User time. The purpose of a cookie is to tell the Web server that User has returned to a specific page. For example, if the User personalize the Site’s pages, or register with the Site or services, a cookie helps the Site to recall the Users specific information on subsequent visits. This simplifies the process of recording the Users personal information, such as billing addresses, shipping addresses, and so on. When the User return to the Site, the information the User previously provided can be retrieved, so the User can easily use the Sites features that the User customized.

The User has the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but the User can usually modify his/her browser setting to decline cookies if the he/she prefers. If the User chooses to decline cookies, he/she may not be able to fully experience the interactive features of the Site’s services or Web sites the User visited.


TERMINATION/ACCESS RESTRICTION


National Renal Care reserves the right, in its sole discretion, to terminate the User’s access to the Site and the related services or any portion thereof at any time, without notice.

The User agrees that no joint venture, partnership, employment, or agency relationship exists between the User and National Renal Care as a result of these Terms of Use or use of the Site.

National Renal Care’s performance in terms of these Terms of Use is subject to the existing laws and legal process, and nothing contained in these Terms of Use is in derogation of National Renal Care’s right to comply with governmental, court and law enforcement requests or requirements relating to the use of the Site or information provided to or gathered by National Renal Care with respect to such use.

Should any part of these Terms of Use be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect.

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.



COPYRIGHT AND TRADEMARK NOTICES:


The content and design of pages of this Site are subject to copyright owed by National Renal Care. Ownership of all intellectual property rights to this Site vests in National Renal Care unless otherwise specified. Any logo, trademark, service mark, design, domain name or trade name appearing on this Site (“Marks”), whether registered or not are the property of National Renal Care. Users may not use, copy, edit, vary, reproduce, display, distribute or store any Marks without the prior written consent of National Renal Care.



PATIENT CONFIDENTIALITY


Patient information shall mean any and all information or data regarding a patient including information relating to his or her identity, demographic profile, health status, medical history, medical records, test results, treatment or stay in a health establishment.(“Patient Information”)

The User agrees that he/she and his/her staff will preserve the confidentiality of any Patient Information and that this obligation shall continue indefinitely. A breach of this requirement will constitute a material breach of these Terms of Use and National Renal Care shall be entitled to terminate the Users access to the Site with immediate effect.

The User further acknowledges the sensitive nature of the Patient Information which is legally protected inter alia in terms of the: Constitution of South Africa Act 108 of 1996; National Health Act 61 of 2003; National Directives and Instructions on Conducting a Forensic Examination on Survivors of Sexual Offence Cases in Terms of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007; Choice on Termination of Pregnancy Act 92 of 1996 and the Children’s Act 35 of 2005.



PATIENT CONSENT


The User shall not upload or process any Patient Information to or on the Site in any way that is incompatible with the consent provided by the owner of the Patient Information.

If the User is not the patient, the User warrants that he has obtained the consent of the Patient to upload such patient’s information to the Site.

The User consents that the Patient Information uploaded onto the Site, may be collected, processed, used and may be stored on NRC Databases, which includes cross-border storage, provided that aggregated information is published in such a manner that Personal information or information that is confidential, cannot be ascertained.

The User furthermore consents that the Patient Information uploaded onto the Site, will be used for the purpose of updating their patient records as it relates to any treatment the patient may receive at a National Renal Care facility. In the event that the User is not the Patient, such User shall ensure that the Patient is notified of the latter and that the Patient has consented thereto.



DATA PROTECTION


Personal information shall have the meaning assigned to it in section 1 of the Promotion of Access to Information Act 2 of 2000 (“Personal Information”).

The User acknowledges that he/she is responsible for complying with the respective obligations under applicable privacy and data protection laws governing the collecting, processing and sharing of Personal Information.

The User shall remain solely responsible for determining the purposes and means of processing of Personal Information on the Site, including that such processing will not place National Renal Care in breach of any applicable privacy and data protection laws or stated requirements.

The User agrees to implement measures to detect and/or prevent unauthorised access to the Site or to his/her information technology systems and particularly in respect of protecting the integrity of and preventing unauthorised access to any Personal Information or Patient Information relating his/her patients and/ or National Renal Care that the User may have in his/her possession or under his/her control.

Should the User become aware of any unauthorised access to the Site or to his/her information technology systems, he/she must immediately notify National Renal Care of such unauthorised access.

The User acknowledges that National Renal Care may, on reasonable notice, investigate the steps that he/she is taking to comply with any applicable privacy and data protection laws.

National Renal Care will treat all Personal Information submitted by the User on this Site as confidential and should National Renal Care collect, store, use and/or process the Personal Information or Patient Information submitted by the User, it will only do so for the purposes permitted in terms of these Terms of Use. By accessing this Site the User acknowledges and agree that he/she has read, understand and accept the terms and conditions contained herein.


APPLICABLE LAW


The User agrees that the use of this Site and any dispute arising out of the use of this Site is subject to the laws of South Africa. Any dispute arising out of the use or publication of this Site is subject to the exclusive jurisdiction of the courts of South Africa.