2. General Information

This policy is specific to Jeske Wellmann – Dietitian (Simply Smart Nutrition), (the “Responsible Party”).

The following information describes what happens with personal information provided to the responsible party either while visiting our website, or during the course of normal business operations. Personal information is data which could be used to identify you as a person, as described in the Protection of Personal Information Act, 4 of 2013.

The Protection of Personal Information Act can be accessed at https:// www.justice.gov.za/inforeg/docs/InfoRegSA-POPIA-act2013-004.pdf The information collected by The Responsible Party, and the process to access this information is contained in the PAIA Manual which is accessible on www.wellmann.co.za or on request by email policy @wellmann.co.za .

3. Information Privacy

Jeske Wellmann – Dietitian (Simply Smart Nutrition) takes the protection of your personal information very seriously. We respect the confidentiality of this information and act according to the relevant regulations on information security as well as this privacy policy.

If you use this website, various personal information may be collected. Information transmission via the internet (e.g. email communication) can be subject to security vulnerabilities, and it is not possible to completely protect the information against access by third parties. Nonetheless, Jeske Wellmann – Dietitian (Simply Smart Nutrition) adheres to recognized information security practices in order to secure this information.

4. Reference to the responsible authority

The responsible authority for Personal Information management at Jeske Wellmann – Dietitian (Simply Smart Nutrition) is:

The Information Officer
Jeske Wellmann
policy@wellmann.co.za

Business address:
21 Highland avenue
Bryanston Ext 8
Johannesburg
2191

or

Sandton Medi Clinic
Main road
Randburg

Postal address:
21 Highland avenue
Bryanston Ext 8
Johannesburg
2191

The responsible authority is the natural person or legal entity which alone or jointly with others determines the purposes and means of the processing of personal information (e.g. name, email address, etc.).

5. Policy Statements

The Responsible Party commits to the following behaviors when collecting, processing, sharing, archiving or deleting your information.

5.1 Lawfulness

The Responsible Party will only collect and process personal information in accordance with the prescripts of law.

5.2 Minimality

The Responsible Party will only collect and process information that is justified for defined business purposes, or for the conclusion or performance of a contract.

5.3 Authorized Access

Only The Responsible Party staff that are authorized to view or process your information in the course of their duties will be granted access to do so.

5.4 Consent

Where possible, The Responsible Party will obtain explicit, or implicit consent for the collection of information.

The voluntary provision of information to The Responsible Party on this website, or in the course of business operations is deemed to constitute implicit consent for the processing of this information.

5.5 Information, blocking, erasure

You may, at any time, request information regarding the use of your personal information.

The request must be made via the processes described in the PAIA Manual, as specified above.

5.6 Withdrawal of your consent to processing your information

You may, at any time, object to the usage of the information, or revoke consent given regarding the processing of your information. The request must be made via the processes described in the PAIA Manual, as specified above.

The legality of the information already processed before the withdrawal is not affected by the withdrawal.

5.7 Deletion of your Information

The Responsible Party will only retain your information for as long as it is required to effect a business purpose, or to satisfy legislative or regulatory requirements.

Information will then be deleted in accordance with recognized practice.

5.8 Right of appeal to the Information Regulator

In case of violations of information protection provisions, you may appeal to the Information Regulator at inforeg@justice.gov.za.

5.9 Right of information portability

You have the right to request to have any information we process automatically on the basis of your consent, or in the performance of a contract, handed over to you or a third party in a common machine-readable format. The processes to request this are described in the PAIA Manual, as specified above.

6. Information collection on our website

6.1 Cookies

We use cookies to make our website more user-friendly, effective and secure. Cookies are small text files which are placed on your computer and saved by your browser. Cookies do not cause any harm to your computer and do not contain any viruses.

Most of the cookies we use are so-called “Session-Cookies”. They will be deleted automatically after your visit. Other cookies remain saved on your device until you delete them. These cookies enable us to recognize your browser at your next visit.

Our cookies do not facilitate the collection or processing of personal information without your consent.

You can set your browser to inform you whenever a cookie is placed and only allow the reception on a case-by-case basis, only for certain cases or generally prohibit cookies. You can also set your browser to automatically delete cookies when quitting your browser. If you deactivate the use of cookies in general, the functionality of this website may be restricted.

6.2 Contact forms

If you use our contact forms to send an enquiry, the enquiry and the contact information you supplied in that enquiry will be saved to process your enquiry and for any follow-up questions. We will not share this information with third parties without your consent.

The information entered in the contact form will remain in our systems until you ask us to delete it, revoke your consent for saving it or until the purpose of saving the information is rendered obsolete (e.g. after your enquiry is completed). Mandatory legal provisions –especially retention periods – remain unaffected.

6.3 Job Applicant information

We collect and process personal information of applicants with the purpose of executing the application process. The processing can happen electronically.

This is especially the case, if an applicant has provided his/her application documents  electronically, e.g. via email or via a contact form on the website.

If the application results in an employment contract, all transmitted information is saved in compliance with the legal provisions to process the employment relationship.

If the application does not result in an employment contract, the application documents will be deleted six months after the staffing process is finished, as long as no other legitimate interest of the person responsible for processing exists.

7. Social media

7.1 Facebook plugins (Like & share button)(only relevant if you connect to Facebook)

We integrated Plugins of the social network Facebook, provider Facebook Inc., 1 Hacker Way, Menlo Park, California 94025, USA, on our website. You can identify the Facebook plugins by the Facebook logo or the “like button“ on our website.

An overview of the Facebook plugins can be found here: https://developers.facebook.com/docs/plugins.

If you visit our page, the plugin establishes a direct connection between your browser and the Facebook server, allowing Facebook to receive the information that you visited our page with your IP address.

If you click the Facebook “like button“ on our website, while being logged in to Facebook, you can link the content of our website on your Facebook profile.

Facebook can thereby match your visit on our pages to your user account. We would like to point out that we as the operator of this website are neither aware of the information which is submitted to Facebook nor do we have knowledge of the usage of the information by Facebook. Further information can be found in the Facebook privacy policy at: https:// www.facebook.com/policy.php

If you do not want Facebook to match your visit of our website with your Facebook user account, please log out of your Facebook user account before visiting our website.

7.2 YouTube (only relevant if you link to Youtube)

Our website uses plugins from the Google-operated website YouTube. Youtube is provided

by: YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA. If you visit one of our pages which contains a YouTube plugin, a connection to the YouTube servers is established telling the YouTube server which of our pages you visited.

If you are simultaneously logged in to your YouTube account you enable YouTube to directly assign your surfing behaviour to your personal profile. This can be avoided by logging out of your YouTube account.

Further information regarding the user information usage of YouTube can be found in the YouTube privacy policy at: https://policies.google.com/privacy?hl=en-US

7.2.1 Google Maps (only relevant if you use Google maps)

This website uses the Google Maps map service via an API. Google Maps is provided by

Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. To enable the functionality of Google Maps, it is required to save your IP address. This information is generally transmitted and saved on a Google server in the

USA. The Responsible Party has no influence over this information transmission.

Further information regarding the user information usage of Google Maps can be found in the Google privacy policy at: https://policies.google.com/privacy?hl=en-US.

7.2.2 Google Analytics (only relevant if your hoster links to Google Analytics)

This website uses Google Analytics offered by Google Inc. (1600 Amphitheatre Parkway Mountain View, CA 94043, USA) to analyse user behaviour on our website.

Google Analytics uses “Cookies“ – small text files, which are saved on your computer. The information collected by the cookies is generally transmitted and saved to a Google server in the USA.

This website uses the anonymizeIp function. The users IP address is shortened, ensuring that the visitor is not personally identifiable. Within the framework of the agreement on information processing which the website provider has made with Google Inc., Google creates analyses of the users website activity and behaviour with the collected information, and provides The Responsible Party with services connected to internet usage.

If you do not want to have the cookie saved on your device, you can disable it in the preferences of your browser. However, we cannot ensure that you can access all functions without any limitations if your browser does not accept cookies.

Furthermore, you can use a browser plugin to prevent Google Inc. from obtaining and using the information which is collected by the cookie (including your IP address). The following link directs you to the plugin: https://tools.google.com/dlpage/gaoptout?hl=en

You can find further information on information usage by Google Inc. here: https://support.google.com/analytics/answer/6004245?hl=en

7.2.3 Privacy policy for LinkedIn (only relevant if you link to LinkedIn)

Our website uses functionality from the LinkedIn business network, provided by the LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043, USA.

With every visit to one of our pages containing LinkedIn functions, a connection to the LinkedIn servers is established. LinkedIn receives the information of the IP address you used while visiting our page. If you press the LinkedIn “Recommend-Button“ while logged in to your LinkedIn account, LinkedIn is able to link your visit on our page to your LinkedIn account. We would like to point out that we as the operator of this website are neither aware of the information which is submitted to LinkedIn nor do we have knowledge of the usage of the information by LinkedIn. Further information on the LinkedIn privacy policy can be found at: https:// www.linkedin.com/legal/privacy-policy

7.2.4 Privacy policy for Twitter (only relevant if you link to Twitter)

Our website uses functionality of the Twitter microblogging service, offered by Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA.

By using Twitter and the “Re-Tweet” function, your visited websites are connected with your Twitter account and are disclosed to other Twitter users. During this process, information is transmitted to Twitter. We would like to point out that we as the operator of this website are neither aware of the information which is submitted to Twitter nor do we have knowledge of the usage of the information by Twitter. Further information on the Twitter privacy policy can be found at: https://twitter.com/privacy.

You can change your Twitter privacy settings in your Twitter account at: https://twitter.com/account/settings.

2. Address of Jeske Wellmann Dietitian – Simply Smart Nutrition

Business Address

21 Highland avenue, Bryanston Ext 8, 2191

and

Mediclinic Sandton, Main road, Randburg, 2194

Postal Address

21 Highland avenue, Bryanston Ext 8, 2191

3 Introduction of Entities

Jeske Wellmann – Simply Smart Nutrition provides dietician services to address both health and wellbeing needs of patients.

Jeske Wellmann, the Information Officer will attend to all matters relating to this Act.

3. Introduction of Entities

Jeske Wellmann – Simply Smart Nutrition provides dietician services to address both health and wellbeing needs of patients.

Jeske Wellmann, the Information Officer will attend to all matters relating to this Act.

4. Particulars in Terms of the Section 51 Manual

This Manual has been compiled in accordance with the Promotion of Access to Information Act 2 of 2000 (“the Act”) and applies to all the South African identified entities within Jeske Wellmann Dietitian – Simply Smart Nutrition.

5. Contact details

Jeske Wellmann, the Information Officer will deal with all requests relating to any of the Entities.

All requests of this Manual should be directed to:

Business Address
Jeske Wellmann
21 Highland avenue, Bryanston Ext 8 , 2191

or

policy@wellmann.co.za

6. The Guide as Described in Section 10

The Guide will be available from the South African Human Rights Commission (“SAHRC”), and provides greater clarity on or assistance with the Act. It will, inter alia, include the following:

 What the objectives of this Act are;

 The relevant contact details of each public and private body (if available);

 The process that needs to be followed in order to request access to records;

 The assistance available from the information officer of a public body and the SAHRC;

 How to obtain access to a manual of a public and private body;

 All the remedies available in law to you; and

 Details on prescribed fees payable in respect of requests for information.

The guide has been compiled in each official language and contains such information, in an easily comprehensible form and manner, as may reasonably be required by a person who wishes to exercise any right contemplated in the Act.

Please direct any queries to:

Deputy Information Officer: PAIA

Dr Shanelle van der Berg

Contact: Mokgadi Nyuswa

Tel: 011 877 3628

E-mail: mnyuswa@sahrc.org.za

Forum 3,
Braampark Office Park, 33 Hoofd Street, Braamfontein

Postal address: Private Bag 2700, Houghton, 2041
Telephone:+27 11 877 3803
Fax: +27 11 403 0625
Website:  www.sahrc.org.za
E-mail: PAIA@sahrc.org.za

7. Types of Records Available

Records Available in Terms of any Other Legislation

All records kept and made available in terms of legislation applicable to any of the Entities listed in this Manual, as it applies to the specific environment in which the Entities operate, are available in accordance with the said legislation.

Legislation includes the following:

 The Constitution of the Republic of South Africa, 1996

 Consumer Protection Act, 68 of 2008

 Companies Act, 71 of 2008

 Income Tax Act, 58 of 1962

 Protection of Personal Information Act, 4 of 2013

 Basic Conditions of Employment Act, 75 of 1997

 Occupational Health and Safety Act, 85 of 1993

 Employment Equity Act, 55 of 1998

 Compensation for Occupational Injuries and Diseases Act, 130 of 1993

 Unemployment Insurance Act, 30 of 1966

 National Health Act, 61 of 2003

 Health Professions Act, 56 of 1974

 Customs and Excise Act, 91 of 1964

 Value Added Tax Act, 89 of 1991

 Copyright Act, 98 of 1978

 Electronic Communications and Transactions Act, 25 of 2002

 Regulation of Interception of Communications and Provision of Communication-Related

Information Act, 70 of 2002

7.1 Records Available without Requesting Access in Terms of the Act

A private body may, on a voluntary and periodic basis, submit to the Minister of Justice a description of categories of records, which are automatically available without a person having to request access in terms of the Act. The Minister must publish any description so submitted by way of a notice in the Gazette.

7.2 Records Available on Request

Set out below are the subjects and categories of records that are available for the purposes of the Act, subject to grounds for refusal to the access thereof.

Records are maintained on the following subjects:

 Personnel records

 Client related records

 Private body records

 Records in the possession of or pertaining to other parties

7.3 Personnel records

“Personnel’ refers to any person who works for, or provides services to or on behalf of the Entities, and receives or is entitled to receive remuneration, and any other person who assists in carrying out or conducting the business of the private body. This includes, without limitation, directors (executive and non-executive), all permanent, temporary and part-time staff, as well as contract workers.

Personal records include the following:

 Personal records provided to the private body by their personnel;

 Records provided by a third party to the private body relating to their personnel;

 Conditions of employment and other personnel-related contractual and quasi-legal records;

 Internal evaluation records and other internal records; and

 Correspondence relating to personnel.

7.4 Client related records

A “client’ refers to any natural or juristic entity that receives services from the private body.

Client records include the following:

 Records provided by the client to a third party acting for or on behalf of the private body;

 Records provided by a third party to the private body;

 Records generated by or within the private body pertaining to the client including transactional records; and

 Records of Jeske Wellmann Dietitian – Simply Smart Nutrition and other listed Entities.

These records include, but are not limited to, the records which pertain to the various Entities’ own affairs:

 Financial records;

 Operational records;

 Databases;

 Information Technology;

 Marketing records;

 Internal correspondence;

 Records relating to products and services;

 Statutory records;

 Internal Policies and Procedures; and

 Records held by officials of the private body.

Other Party records include the following:

• Personnel, client or private body records which are held by another party, as opposed to the records held by the private body; and

• Records held by the private body pertaining to other parties, including without limitation, financial records, correspondence, contractual records, records provided by the other party and records third parties have provided about the contractors and suppliers.

8. Processing of personal information

Purpose of Processing

The Entities use the Personal Information under their care in the following ways:

 Performing business operations

 Staff administration

 Keeping of accounts and records

 Complying with tax laws

Jeske Wellmann Dietitian – Simply Smart Nutrition may possess records pertaining to contractors, suppliers, subsidiary/holding/sister companies, joint venture companies, and service providers, staff and clients.

Data Subjects Type of Personal Information Held Clients – Legal Entities

Full names of contact persons, Name of Legal Entity, Physical and Postal address and contact details of the client, Financial information, Registration Number, Tax-related information, VAT number

Clients: Natural Persons

Full names, contact details, physical and postal addresses, date of birth, ID number, Tax related information, nationality, gender, correspondence of a private/confidential nature, health information Service Providers Full name and Registration number of the entity, Physical and Postal addresses, Contact Details, Financial Information, VAT number

Employees Full names; contact details, physical and postal addresses, date of birth, ID number, Tax related information, nationality, gender, correspondence of a private/confidential nature, Gender, Pregnancy, Marital Status, Race, Age, Language, Education information, Financial Information, Employment History, ID number, Physical and Postal address, Contact details, Opinions, Criminal behaviour, Well-being

9. The Recipients or Categories of Recipients to Whom the Personal Information may be Supplied

Jeske Wellmann Dietitian – Simply Smart Nutrition may supply the Personal Information under their care to service providers who render the following services to Jeske Wellmann Dietitian:

 Cloud-based services such as data storage, network, email and security services;

 Cloud-based applications such as Human Resource or Marketing solutions;

 Third-party organizations providing health-related services;

 Third-party organizations engaged for common commercial purpose, such as service provision, joint ventures, or collective bid responses;

 Credit reference entities, used in the normal course of business; and

 Government organizations such as South African Revenue Services, as required for legal purposes.

10. General Description of Information Security Measures

Jeske Wellmann Dietitian – Simply Smart Nutrition employs the latest technology to ensure the confidentiality, integrity and availability of its information assets which include the Personal Information under its care. These measures include:

 Boundary firewalls and Internet gateways;

 Secure configuration of all devices and software which make up the IT infrastructure;

 Both logical and physical access controls;

 Malware protection; and

 Patch management to keep software up to date.

Service Providers who process Personal Information on behalf of Jeske Wellmann Dietitian – Simply Smart Nutrition are bound by agreement to implement similar information security controls than those employed by Jeske Wellmann Dietitian – Simply Smart Nutrition.

11. Procedure to Request Access to Information

If you want to obtain access to any of the records listed in this manual, you should follow the procedure as set out below, and a non-refundable request fee of R50.00.

 Fill in the application form contained in this manual and send it to us via hand delivery, postal service, or email.

 Hand in your completed application form, and a non-refundable request fee of R50.00 at our office. If you are an employee or ex-employee requesting access to your personnerecord, then you do not have to pay the request fee.

 If you cannot visit our office in person, you can post the form and fee to us, or you can contact us to make alternative payment arrangements.

11.1 Our Response

We will consider your request and let you know our decision, in writing, not more than 30 days after we receive your request.

Our response will be one of the following:

 Your application does not contain enough information to enable us to search for the record you want. Please provide additional details.

 It is going to take us more than six hours to search through our records, and before we do so you must pay us a deposit of R60.00.

 We have found the record you’re looking for, and you may have access to it, on payment of:

 an access fee of R30.00 per hour for the time that it took us to find the record (less any deposit which you have already paid), and

 a reproduction fee for making photocopies or printouts or copying the record onto a stiffy disc or CD – the prescribed fees are set out in this manual

Note: we will not charge fees to an employee or ex-employee requesting access to his/her personnel record.

 If your request is for access to your Personal Information in terms of Section 23 of the Protection of Personal Information Act, we will give you a written estimate of the fee before providing the access. We may require you to pay a deposit for all or part of the fee.

 You may not have access to the record you want, for reasons which we will state in our reply. If you have paid a deposit, we will refund it (but not the request fee).

 If we have searched for the record and cannot find it, we will give you an affidavit explaining what steps we took to try and find the record. Should the missing record later come to light, we will notify you.

 If we may or must refuse to give you access to part of the requested Personal Information, we will give you access to every other part.

11.2 Your Right of Access to information

Both the Promotion of Access to Information Act and the Protection of Personal Information Act entitle you to have access to our records, if:

 you need access to exercise or protect any of your rights, and

 you apply for access according to the procedure set out in this manual, and

 the Entities do not have grounds for refusing you access.

11.3 Our Right to Refuse Access to Information

We have the right to refuse to give you access to our records if any of the following grounds apply:

 the record would unreasonably disclose Personal Information about a natural person, including a deceased individual (unless that third party or a representative of the deceased gives written permission for access);

 the record contains (a) trade secrets, or (b) financial, commercial, scientific or technical information, or (c) information about research by a third party, which could put that third party at a disadvantage in a negotiation or prejudice him in competition (unless that third party gives written permission for access);

 access would put us in breach of a duty of confidence which we owe to a third party (unless that third party gives written permission for access);

 access could reasonably be expected to (a) endanger someone’s life or physical safety, or (b) prejudice or impair the security of a building, structure, system, means of transport or other property;

 the record is privileged from being produced as evidence in legal proceedings (unless the person protected by the privilege has waived that protection); or

 if the request is for access to your Personal Information, and you could not provide adequate proof of identity to us.

12. Promotion of Access to Information Act

12.1 Fees Payable in respect of Private Bodies

The fee for a copy of the manual as contemplated in regulation 9(2)(c) is R2,00 for every photocopy of an A4-size page or part thereof.

The fees for reproduction referred to in regulation 11 (1) are as follows:

For every photocopy of an A4-size page or part

thereof

R2,00

For every printed copy of an A4-size page or part

thereof held on a computer or in electronic or

machine-readable form

R2,00

For a copy in a computer-readable form on –

compact disc

R100,00

For a transcription of visual images on an A4-sized

page or part thereof

R400,00

For copy of visual images R60,00

For transcription of an audio record R500,00 per page

or part thereof

For a copy of an audio record R30,00

 To search for and prepare the record for disclosure: R30,00 for each hour or part of an hour reasonably required for such search and preparation

For purposes of section 54(2) of the Act, the following applies:

 Six hours as the hours to be exceeded before a deposit is payable; and

 One third of the access fee is payable as a deposit by the requester.

The actual postage is payable when a copy of a record must be posted to a requester.

13. Request for Access to Record of a Private Body

(Section 53(1) of the Promotion of Access to Information Act, 2000

(Act No. 2 of 2000))

[Regulation 10]

Jeske Wellmann Dietitian – Simply Smart Nutrition Particulars:

Business Address and Postal address

21 Highland avenue, Bryanston Ext 8, 2191 (Business and postal)

Mediclinic Sandton, Main road, Randburg, 2194

or

jeske@wellmann.co.za

Email: policy@wellmann.co.za

Particulars of person requesting access to the record:

Surname:

First names:

Identity number:

Postal address:

Fax Number:

Email Address:

Capacity in which request is made, when made on behalf of another person:

Particulars of person on whose behalf request is made

(This section must be completed only if a request for information is made on behalf of another person)

Surname:

First names:

Identity number:

13.1 Particulars of Record

 Provide full particulars of the record to which access is requested, including the reference number if that is known to you, to enable the record to be located.

 If the provided space is inadequate, please continue on a separate folio and attach it to this form.

The requester must sign all the additional folios.

Description of record or relevant part of the record:

Reference number, if available:

Any further particulars of record:

 A request for access to a record, other than a record containing Personal Information about yourself, will be processed only after a request fee has been paid.

 You will be notified of the amount required to be paid as the request fee.

 The fee payable for access to a record depends on the form in which access is required and the reasonable time required to search for and prepare a record.

Mark the appropriate open box with an x:

1. If the record is in written or printed form:

Copy of record* Inspection of record

2. If the record consists of visual images (including photographs, video recordings, computergenerated images, sketches, slides, etc.):

View Images Copy of Images*

Transcription of Images*

3. If record consists of recorded words or information which can be reproduced in sound: Copy of soundtrack Transcription of soundtrack* (written or printed document)

4. If record is held on computer or in an electronic or machine-readable form:

Printed copy of record*

Printed copy of information derived from the record*

Copy in computerreadable format*

*lf you requested a copy or transcription of a record (above), do you wish the copy or transcription to be posted to you?

Yes No

NOTES:

 Compliance with your request in the specified form may depend on the form in which the record is available.

 Access in the form requested may be refused in certain circumstances, in such a case you will be informed if access will be granted in another form.

 The fee payable for access to the record, if any, will be determined partly by the form in which access is requested.

If you qualify for exemption of the payment of any fee, please state the reason for exemption:

13.2 Notice of decision regarding request for access

You will be notified in writing whether your request has been approved/denied. If you wish to be informed in another manner, please specify the manner and provide the necessary particulars to enable compliance with your request.

How would you prefer to be informed of the decision regarding your request for access to the record?

Signed at this day of 20

Signature of requester/person on whose behalf request is made

___________________________________