TERMS & CONDITIONS AND PRIVACY POLICY

 

INTRODUCTION

This Privacy Policy (“Policy”) governs the collection, management and disclosure of personal information that AfriNurse (Pty) Ltd (“We”, “Us” “Our”) collects on the AfriNurse Platform hosted on and accessible through Website located at www.afrinurse.com. Use of the AfriNurse Platform is subject to this Policy. By using the AfriNurse, Users (“You”, or “Your” may be used interchangeably with “User”) signify consent to processing of Personal Information in accordance with this Policy.

We respect your rights to responsible management of your personal information under the Protection of Personal Information Act 4 of 2013 (“the Act”). We are committed to the principle of accountability in maintaining the privacy of Personal Information that You provide to Us when using the Platform, as well as ensuring transparency between Ourselves and Yourself. This Privacy Policy describes how We treat Personal Information collected or received from You when You visit and engage with the Platform.

Accordingly, We encourage You to read this Policy carefully and contact Us with any questions or concerns in regard to Our Privacy practices. We may amend this Policy at any time. All amended terms shall be effective immediately upon the posting of the revised policy and any subsequent activity in relation to the AfriNurse Platform shall be governed by such amended terms and conditions of usage.

If You do not agree with any term in this Policy, please do not use the AfriNurse Platform or submit any personally identifiable information through the AfriNurse Website.

This Agreement was last revised on 4 May 2021. 

You are advised to regularly visit the AfriNurse Website for any amendments or updates.

Enquiries: info@afrinurse.com

 

  1. DEFINITIONS

 

In this Policy the following definitions shall apply:

 

1.1“Analytics” shall mean the collection, discovery and interpretation of meaningful observations, occurrences or patterns in User behaviour on the AfriNurse Platform. Analytics do not contain any Personal Information;

1.2“AfriNurse” means AfriNurse (Pty) Ltd (Reg No: 2018/386392/07);

  1. “Confidential Information” means all information and data of any nature, whether tangible, intangible, oral or in writing and in any format or medium, that is obtained or learned by, disclosed to or comes to the knowledge of a Party (“Receiving Party”) by or from the other Party (“Disclosing Party”) during the course, by whatsoever means, which by its nature or content is or ought reasonably to be identifiable as confidential or proprietary to the Disclosing Party or which is disclosed in confidence and whether or not it is marked or identified as ‘confidential’, ‘restricted’, ‘proprietary’ or in similar fashion.

  2. “Data Protection Laws” shall mean all South African legislation and regulations protecting the fundamental rights and freedoms of individuals in respect of their right to privacy with respect to the processing of personal information;

  3. “Data Subject” shall mean any natural or juristic person in respect of whom Personal Information relates;

  4. “Personal Information” shall mean any personal information as defined in the Protection of Personal Information Act 4 of 2013 and/or any other personal information relating to an identifiable, natural or juristic person, including information relating to race, gender, sex, marital status, nationality, ethnic or social origin, colour, sexual orientation, age, physical or mental health, religion, belief, disability, language, birth, education, identity number, telephone number, email, postal or street address, biometric information and financial, criminal or employment history as well as correspondence sent by a person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;

  5. “Process/Processed/Processing” shall mean  any operation or activity, whether automated or not, concerning Personal Information, including: 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; merging, linking, as well as blocking, degradation, erasure or destruction of information.

  6. “Personnel” shall mean the AfriNurse administrators who handle Personal Information of the Users, and AfriNurse ambassadors who market various Products available on the Platform;

  7. “Policy” means this Privacy Policy;

  8. “Responsible Party” shall mean AfriNurse, which determines the purposes and means of the Processing of Personal Information.

  9. “Third-Party/ies” shall mean any other natural or juristic person that is not the User, Personnel or Ourselves;

  10. “Platform” shall mean the AfriNurse Platform accessible at www.afrinurse.com, owned and operated by AfriNurse (“Us, Our, Ourselves, We”);

  11. “Product/s” shall mean the various AfriNurse Products available for purchase on the AfriNurse Platform, including but not limited to: lifestyle, health and wellness goods;

  12. “Service/s” means the various services rendered to Users available on the Platform, placing the wellbeing of the nurse at the core of the service by centralising and optimising access to various Service Providers for wellbeing, knowledge, and career opportunities.

  13. “Service Providers” shall mean the natural or juristic persons that is not You, Our Personnel, or Ourselves, listed on the Platform as providing various services to nurses including, but not limited to: doctors - general practitioners and dieticians; psychologists; recruitment agencies; unit managers; HR managers; career coaches;; qualified nursing educators and nursing education institutions.

  14. “Subscription” shall mean a limited, non-transferable and non-exclusive license granted to the User, by AfriNurse, to use the Platform in accordance with this Agreement;

  15. “Subscription Fee/s” shall mean the monthly fee payable by the User, to AfriNurse, which enables Subscribed Users to access and use the Platform;

  16. “Third-Party/ies” shall mean any other natural or juristic person that is not You, as the User, or Ourselves;

  17. “User/s” shall refer to any natural or juristic person subscribed to and/or any other persons authorised by AfriNurse to access and use the Platform in accordance with this Policy.

  18. “User Data” shall collectively refer to all data provided and/or generated by Users who visit, Subscribe and/or transact on the AfriNurse Platform. User Data includes but is not limited to: Personal Information; South African Nursing Council (“SANC”) number; desired work, work status, order history and addresses; wish-list; and resume.

  19. “Website” means the AfriNurse Website where the AfriNurse Platform is hosted and operated on The website is accessible at www.afrinurse.com.

 

  1. PERSONAL INFORMATION

 

  1. General Provisions

 

This Policy applies to all Your Personal Information Processed by Us in the provision of our Services and sets out how we responsibly manage the protection of Personal Information as a business.  

 

  1. Consent For Collection And Processing

 

By accessing, visiting, transacting on, or otherwise using the AfriNurse Platform, You agree to the terms and conditions of this Privacy Policy. You expressly consent to the processing of Your Personal Information and Analytics according to this Privacy Policy.

 

  1. Purpose For Collection And Processing

 

We primarily collect and process Your Personal Information to provide the AfriNurse Services and deliver the Products You request from Us when using the AfriNurse Platform. Our Purpose for collecting Your Personal Information includes, but is not limited to:

 

  • Identify You, the User, and create Your User account;

  • Developing and improving the AfriNurse Platform;

  • Facilitating direct communication between Us and You;

  • To bill for your Product orders, with your payment collected and processed through a Yoco payment gateway;

  • To deliver Your Product orders;

  • To engage in market research, gauge Your satisfaction with the AfriNurse Platform/Products, and to seek feedback regarding Our relationship with You and/or the quality of Service We have provided;

  • To update You on changes to the AfriNurse Website; Products, including promotions; job opportunities,

  • To connect you to Service Providers and enable Your full enjoyment of Services available on the Platform;

  • Research and analysis of trends in relation to Our business;

  • To anticipate and resolve problems with the AfriNurse Platform;  

  • To comply with Our legal obligations;

  • Other purposes as authorised or required by law (e.g. to prevent a threat to life, health or safety, or to enforce Our legal rights); and

  • Where required by law, specifically in response to a demand from government authorities where such demand meets the legal requirements.

 

We expressly acknowledge and undertake to not use any Personal Information for any other purposes without Your consent or as required by law.

 

  1. Collection: What and How

 

WHAT: The Personal Information We collect will vary depending on how You are using the AfriNurse Platform. We collect Personal Information and other information relating to You, such as Your name; surname; email address; contact number; SANC number; physical address; age; gender; race; nationality; desired work, work status; and resume. We may also collect other information, such as Your search terms, and site pages You visit whilst on the AfriNurse Platform.

 

The technologies We use for automatic data collection may include cookies and log data, which are described in, and are subject to, Our Cookies Policy.

 

HOW: We collect Your Personal Information either directly or indirectly, including, without limitation, by You:

 

  • visiting the AfriNurse Platform;

  • placing an order on the AfriNurse Platform;

  • Subscribing a User account on the AfriNurse Platform;

  • submitting or creating User Data on the AfriNurse Platform, including on Our chat feature;

  • submitting information to Us through the AfriNurse Website or by way of email;

  • booking a consultation with Our Service Providers;

  • filling out a contact form or survey;

  • signing up for an e-mail newsletter; and/or

  • requesting information or otherwise communicating via e-mail.

  • uploading Your Curriculum Vitae (“C.V”) on the AfriNurse Platform, which will only be shared with our recruiting Service Providers solely for employment purposes.

 

  1. Accuracy

 

You agree that any and all Personal Information that You provide to Us is accurate. In the event that Your Personal Information contains any errors or inaccuracies, You agree to indemnify and hold Us, Our officers, directors, employees, service providers, and ambassadors harmless from and against any claims, damages, actions and liabilities including without limitation, loss of profits, direct, indirect, incidental, special, consequential or punitive damages arising out of Our reliance on such Personal Information.

You must also let Us know immediately if You become aware that Your Personal Information has been provided to Us/Our Service Providers through Our Platform, by another person without Your consent or if You did not obtain consent before providing another person's Personal Information to Us.

 

  1. Processing Of Personal Information

 

The processing of Your Personal Information by Us shall include 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 blocking, degradation, erasure or destruction of information.

 

We will only process Your Personal Information, where:

 

  • You have consented to such processing (which You may withdraw at any time by sending an email to mydata@afrinurse.com;

  • The processing is necessary to provide the AfriNurse Platform to You, as well as Our Products, in terms of Our contractual relationship with Yourself;

  • The processing is necessary for compliance with Our legal obligations; and/or

  • The processing is necessary for Our legitimate interests or those of any Third-Party recipients that may receive Your Personal Information - as detailed in the section below.

 

  1. Further Processing: Who Do We Share Your Personal Information With And Why?

 

We do not and will not sell, rent out or trade Your Personal Information. We will only share Your Personal Information to Third-Parties in the manner set out in this Policy and in accordance with Data Protection Laws. Note that the term ‘share’ includes the act of ‘disclosing’; ‘transferring’; ‘sending’ or otherwise making Your Personal Information available or accessible to another person or entity.

 

We share Your Personal Information with relevant Third-Parties so that We may connect You to Service Providers and/or deliver the Products You request on the Platform to You. We may share some or all of Your Personal Information with the following entities:

 

  • Hosting company – for supporting the Platform technically;

  • Courier companies – in order to deliver Your orders placed on the AfriNurse Platform;

  • Service Providers – in order for You to book a consultation with a requested Service Provider.

 

Personal Information processed on Our Platform will only be disclosed in accordance with the consent provided by Yourself. We do not permit any of Our necessary Third-Parties to use Your Personal Information for any other purpose than to perform the services that We have instructed them to provide. All processing is compatible with such purpose. We may share aggregated statistical information with Third-Parties (including our commercial partners) for advertising or marketing purposes. No Personal Information will be shared in this manner.

 

In the event that We enter into a business transition (including the sale of AfriNurse, or the merger and acquisition of AfriNurse by another company which involves the sale of all or a portion of Our assets), Your Personal Information may be among the assets transferred. You acknowledge that such transfers may occur and are permitted by this Privacy Policy, and that such an acquirer may continue to process Your Personal Information as set forth in this Privacy Policy.

 

Other than the above, We will not disclose Your Personal Information without Your consent unless We reasonably believe that disclosure is necessary to lessen or prevent a threat to life, health or safety of an individual or to public health or safety or for certain action to be undertaken by an enforcement body (e.g. prevention, detection, investigation, prosecution or punishment of criminal offences), or where such disclosure is authorised or required by law.

 

  1. YOUR RIGHTS

 

You may choose when You wish to provide Your Personal Information to Us. You also have the right to withdraw Your consent. However, if You choose not to provide certain details, or if You withdraw Your consent, Your experience with some, or all of the Platform features, may be affected. To the extent provided for in law, You have certain rights in respect of Your Personal Information. In particular:

 

  • Withdrawal of Consent: You may withdraw Your consent at any time by sending a written request to mydata@afrinurse.com. Upon receiving notice that You have revoked Your consent, We will immediately stop using Your Personal Information, depending on what information We have collected and for what purpose, and We will send You a confirmation email stating same.

  • Access or obtain a Copy of Your Personal Information: You have the right to examine any of Your Personal Information that We collect. Should You wish to examine the Personal Information We hold about You, or obtain a copy thereof, please send Us a written request to: mydata@afrinurse.com. We reserve the right to charge You a reasonable administrative fee to access and/or obtain a copy of Your Personal Information.

  • Update, Modify, Rectify, Erase: the Personal Information that We hold on You; and

  • Object: to the processing of Your Personal Information or Restrict or stop Us from using any of the Personal Information which We hold on You, including by withdrawing any consent You have previously given to the processing of such information.

 

You also have the right to request Us to stop contacting You for marketing purposes: when You receive promotional communications from Us, You may indicate a preference to stop receiving further promotional communications from Us and You will have the opportunity to "opt-out" by following the unsubscribe instructions provided in the promotional e-mail You receive or by contacting Us at mydata@afrinurse.com.

 

These rights are not absolute, and We therefore reserve the right to refuse any requests in terms of the above-mentioned rights, for any reason permitted under the Protection of Personal Information Act, 2013 and under the Promotion of Access to Information Act 2000.

 

In the event that You wish to enforce any of the above rights, You can request this by emailing Us at mydata@afrinurse.com. Furthermore, You also have the right to lodge a complaint with the South African Information Regulator.

 

  1. SECURITY OF INFORMATION

 

We are committed to safeguarding and protecting Your Personal Information and will implement and maintain appropriate technical and organisational measures to safeguard any Personal Information provided to Us from accidental or unlawful destruction, loss or alteration, as well as the unauthorised disclosure of, or access to, Personal Information transmitted, stored or otherwise processed. We have various security measures in place to protect the Personal Information We hold from loss and misuse, and from unauthorised access, modification, disclosure and interference – we will review these processes regularly and improve them when required. We will destroy or de-identify Personal Information once We no longer require it for Our business purposes, or as required by law.

 

Notwithstanding the above, it is emphasised that even though We have taken significant steps to protect Your Personal Information, You acknowledge and understand that no company, including Ourselves, can fully protect against security risks associated with the processing of Personal Information online.

 

  1. HOW LONG DO WE RETAIN YOUR PERSONAL INFORMATION?

 

We retain Personal Information for the period necessary to fulfil the purposes outlined in this Privacy Policy. When determining how long to retain Personal Information, We take into account the necessity of the Personal Information for the provision of the AfriNurse Platform, as well as the requirements of other Third-Parties (such as payment processors), applicable laws, regulations and legal obligations. We may also retain records to investigate or defend against potential legal claims.

 

When retention of the Personal Information is no longer necessary, the information will either be deleted or aggregated for Analytics purposes, in which We case We will de-identify Your Personal Information.

 

  1. CROSS-BORDER TRANSFERS

 

We do not, by default, transfer Your Personal Information beyond the borders of the Republic of South Africa. However, when required for operational or technical reasons, Your Personal Information may be processed and stored in a server outside of the Republic of South Africa until the operational and technical reason has been resolved. In such cases, You explicitly consent to the transfer of Your Personal Information for processing/storage in a server outside of the Republic of South Africa, understanding that foreign countries will have different laws and regulations concerning the processing of Personal Information that may be less stringent than the laws in South Africa.

 

  1. SERVICE PROVIDERS

 

We provide links to Our Service Providers’ websites, which are hosted outside of the AfriNurse Platform. These linked sites are not under Our control, and We cannot accept responsibility for the conduct of companies that may be hyperlinked on the AfriNurse Website.

 

Before disclosing Your Personal Information on any other website, We encourage You to examine the terms and conditions of the Third-Party and the policy detailing the privacy practices of the Third-Party.

 

  1. PAYMENT GATEWAY

 

We make use of an independent Third-Party payment gateway to process all transactions for AfriNurse Services. We do not process any financial or credit card transactions of Our Users. Card transactions will be acquired for AfriNurse via yoco.co.za  who are the approved payment gateway for all South African Acquiring Banks.

 

Users are advised to familiarise themselves with the terms, conditions and privacy practices of the Third-Party payment gateways provided for before proceeding with a transaction for Our Services. By using the Third-Party payment gateway, Users understand and agree that use thereof is entirely at their own risk and cost.

 

We disclaim all responsibility for, and shall in no way be liable for, the manner in which Your financial and credit card information (including Personal Information) is processed by a Third-Party payment gateway.

 

  1. CONTACT

 

If You have any questions about this Privacy Policy or the way in which We handle Your Personal Information, or if You wish to invoke any of Your rights described in Clause 3 above, please contact Our Information Officer, Sylvester Msuthwana, at: Sylvester@afrinurse.com.

 

 

  1. CHANGES TO THIS POLICY

 

We may change this Policy at any time, in which case any amended terms shall be effective immediately upon the posting of the revised Policy and any subsequent activity in relation to the AfriNurse Platform shall be governed by such amended terms. We therefore recommend that You visit this Policy on the AfriNurse Website regularly. If You do not agree with any of Our privacy practices detailed in this Policy, please do not use the Platform.

 

This Privacy Policy was last updated on 7 May 2021.