MSQ Diagnostics (Proprietary) Limited (a member of the Akacia Medical andHealthcare Group)
This Privacy Notice explains how we collect, use and disclose your personal information as is required by the Protection of Personal Information Act (“POPIA”)
Please read this Privacy Notice carefully.
MSQ Diagnostics which owns and operates the agency and distribution of ADAMM products in the Republic of South Africa under a Distribution Agreement concluded with Health Care Originals, Inc. (“Supplier”) and is a member of the Akacia Group of companies.
MSQ Diagnostics respects and is committed to the protection of its consumers privacy rights.
As part of the Akacia Group, MSQ Diagnostics subscribes to and is adheres to the privacy policies and objectives of the Akacia Group and the Privacy Notice contained herein.
Please read this Privacy Notice carefully to understand how we may process your Personal Information in your use of the ADAMM Website and the purchase of ADAMM Products.
This Privacy Notice should be read together with our Website User Terms as well as our Terms and Conditions of Purchase, where applicable, since it is forms part of and is incorporated therein and will also apply to any other applicable terms of our relationship and/ or interactions with you as a user of the ADAMM Website and the purchaser of ADAMM Products.
Any words, phrases, expressions or terms used in this Privacy Notice which are defined in the Website User Terms and / or the Terms and Conditions of Purchase, shall have the same meanings given to them therein, unless the contrary is stated.
Who We Are
MSQ Diagnostics (Pty) Limited (“MSQ” “us” “we” “our”) is a private company (registration number 2017/311994/07), registered in South Africa, with its office at 101 Central Street, Houghton Estate, Johannesburg, 2198.
MSQ is a wholly owned subsidiary of Akacia Medical and Healthcare Group (Pty) Limited.
Akacia Medical and Healthcare Group (Pty) Ltd is a private company (registration number 1997/014984/07), registered in South Africa, with its office at 101 Central Street, Houghton Estate, Johannesburg, 2198.
Akacia and its subsidiaries and affiliates* [List of subsidiaries/divisions/affiliates to be attached at the footer of this page] (collectively “Akacia Group”/ “Akacia”) understand the importance of protecting the personal information of our customers, business partners, vendors and visitors and users of the websites operated by members of the Akacia Group at www.akaciamedical.co.za , www.adamm.co.zaand www.clinisut.co.za .
We operate the website at , www.adamm.co.za (“Websites”).We understand the importance of protecting the personal information of our customers, business partners, vendors and visitors and users of the Website (“users”/ “you”/ “your”).
We are committed to ensuring that your personal information is collected and used properly, lawfully and transparently.
This Privacy Notice
This Privacy Notice has been published to help you understand our privacy practices by describing how we collect and use your personal information, why we collect it, with whom we share it, and your choices and rights in relation to your personal information. Except as set in this Privacy Notice, we do not share, or sell, or disclose, any personal information collected.
Our Privacy Notice has been developed to provide a framework for the appropriate level of privacy protection and represents our commitment to compliance with South African data protection legislation and any other applicable worldwide data protection laws, to try and achieve the highest standards in protecting your personal information.
This Privacy Notice applies to personal information that we collect from you during your interactions with us, whether in person or online, including through our Websites, social media sites and mobile applications (collectively “Sites”) that link to this Privacy Notice, in writing or orally, and/ or to personal information that we may collect offline or receive from third parties as explained below.
By submitting your details to us or visiting or using the Sites you accept the application of this Privacy Notice and updates thereto and expressly consent to the processing of your personal information in the way described herein.
We review our privacy policies regularly and occasionally may need to change or update them. The most current version of this Privacy Notice will always be posted under the Privacy Notice tab of the Sites and will be effective from the date of posting.
You agree that you will check the Privacy Notice from time to time. By continuing to purchase products and services from us and/or continuing to access and/or use the Sites after we make changes to this Privacy Notice, you agree to be bound by the revised Privacy Notice.
What is Personal Information
Personal information is defined in POPIA as information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, and includes any information that identifies or relates specifically to you, including, for example, your name, age and identity number or other national identifier, your contact address, your location, your banking details, and contact numbers. In short, any information that we can use to specifically identify you will be personal information.
Some types of personal information are considered special personal information. These include personal information revealing or related to a person’s health, racial or ethnic origin, religious or philosophical beliefs, sex life, political affiliation, or trade union membership; criminal behaviour and proceedings related thereto. We do not process special personal information, although we may be able to infer special personal information about your health status as a result of your use of our Websites and the nature of the products that you may purchase from us.
What is Processing
Processing is defined in POPIA as any operation or activity or set of operations involving personal information, whether or not by automatic means, including collecting, receiving, recording, organising, collating, storing, updating, modifying, retrieving, altering, consulting or using; disseminating by means of transmission, distribution or making available in any other form; or merging, linking, as well as restriction, degradation, erasure or destruction of personal information. In short anything that is done with personal information from collection to destruction.
Personal Information collected
Depending on how you interact with us, personal information we collect may include, without being limited to:
log-in and account information for authentication purposes and account access
your gender and
social media account information.
We may also collect other information that does not personally identify you. Such other information includes browser and device information, website and application usage data, IP addresses, demographic information such as marketing preferences, geographic location, home language, and information collected through cookies and other technologies or information that has been anonymised or aggregated. If we link this information with your personal information, we will treat such linked information as personal information.
You can choose not to provide personal information to us when requested. However, if this is necessary to provide you with our products and services, access to our Sites, or to perform administrative functions, we may be unable to do these things.
How we collect Personal information
Personal Information you give us directly.
Information may be collected when you access our Sites or interact with us in any other way, or use our products and services.
For example, we collect personal information when:
you place orders for products and services.
you create an account with us.
we process your orders and payment transactions.
we perform administrative and business functions.
we market our products and services to you.
you register for our events, workshops and seminars or subscribe to our mailing lists and newsletters.
you sign up for a marketing newsletter, complete a survey, enter a competition.
you communicate with us.
we respond to your inquiries and requests, obtain feedback from you about our products and services.
you contact us for information, products or services with our customers, vendors and other business contacts.
you send information to us by posting to a forum or blog or in an advertisement, is stored on our servers. We do not specifically use that information except to allow it to be read, but you will see in our User Terms that we reserve a right to use it in any way we decide.
you contact us, including for customer support or complaints. We want to provide you with the best possible service, so calls to us will be recorded and/or monitored for quality checks and staff training. Recordings may also be used to help us combat fraud.
Personal Information we collect automatically
We collect the following information when you visit and use our Sites and services:
Location information – depending on the services and products that you use, and your settings or device permissions, we may collect your precise or approximate location information as determined through data such as GPS, IP address and WIFI.
Transaction information – We collect transaction details relating to your use of the Sites and services, products purchased, (including the type of products and services you requested, date and time of the service, and number of products) and payment processing information.
Device information – We may collect information about the devices you use to access and use the Sites.
Log information – information about your interaction with and access to the Sites.
Information from referring websites/applications.
Information about how you use our or a third party’s services and products, such as the types of content you view or engage with, the type of product you buy, or the frequency and duration of your activities.
We track the products you buy when you click on one of our display adverts and go on to purchase products from us.
We may also collect technical information to help us identify your device for fraud prevention and diagnostic purposes.
When you send a message, we collect the data you have given to us in that message in order to obtain confirmation that you are entitled to receive the information and to provide to you the information you need. We record your request and our reply in order to increase the efficiency of our business.
Personal Information we collect from other sources.
We collect personal information from third parties, including public databases, social media sites, business partners with whom we offer co-branded services or engage in joint marketing activities and third parties that provide list enhancement or similar services.
When you use our Sites:
We collect Personal Information from other sources including our trusted partnerships with third-parties and where we operate accounts on third-party platforms: For example, when you use the “like” functionality on Facebook or the +1 functionality on Google+.
We receive information about you and other visitors’ interactions with our advertising to measure whether our advertising is relevant and successful.
We collect information about you and your activities from a third-party when we jointly offer services or products, or from third-party data analytics and enrichment providers who may deliver insights to us about the Personal Information we hold.
We collect information from payment processors, delivery and/ or shipping agents, marketing service providers, third party business partners and relevant governmental departments.
Legal basis for processing your personal information
When we process your personal information in connection with the purposes set out in this Privacy Notice, we may rely on one or more of the following legal bases, depending on the purpose for which the processing activity is undertaken and the nature of our relationship with you:
Our legitimate interests (or those of a third party with whom we share your personal information) for the purpose of managing, operating or promoting our business, including facilitating payments, delivery of products, servicing of warranties, facilitating returns and or refunds, managing complaints direct marketing, and transfers within the Akacia Group of companies of personal information for business and administrative purposes, except where such interests are overridden by your interests or fundamental rights or freedoms which require protection of personal information.
Where this is necessary to comply with a legal obligation, we have.
To protect the vital interests of any individual.
Where you have consented for such processing to take place.
Where we are required by law to do so.
What purpose do we use your Personal Information for
We may process your personal information:
To provide you with the products and services which you request.
To verify your identity for security purposes.
To respond to your requests and enquiries.
To perform a contract or for contract negotiations with or about you.
To develop records, including records of your personal information.
For management of warranties, returns and/ or refunds and complaints.
To contact you via various agreed channels with information that may be of interest to you, in particular related to our products, services and promotions and those of related third parties, including information about clinical trials, products and services.
To market our Sites, services and products.
To personalise your access to our Sites, for example, by telling you about new features that may be of interest to you.
For analytical purposes and to research, develop and improve programs, products, services and content.
To remove your personal identifiers. In this case, you would no longer be identified as a single unique individual. Once we have de-identified information, it is non-personal information and we may treat it like other non-personal information.
In other ways naturally associated with the circumstances in which you provided the information. For example, we may use your e-mail address to send you a confirmation notice.
To process your payments, if you purchase products or services.
To check and verify your credit profile.
To provide you with your order status, and assess and handle any complaints.
To facilitate delivery.
To develop and improve the products, services, communication methods and the functionality of our Sites.
For the purposes of entrance to competitions or promotions.
To communicate information to you and to manage your registration on our Sites and/or subscription to our newsletter or other communications.
To authenticate the identity of individuals contacting us by telephone, electronic means or otherwise.
For internal training and quality assurance purposes.
To understand and assess the interests, wants, and changing needs of consumers, to improve our Sites, products and services, and/or to develop new products and services.
To provide personalised services, communications and targeted advertising as well as product recommendations to you.
To enforce this Privacy Notice and other rules about your use of our Site.
To protect someone's health, safety or welfare.
To protect our rights or property.
To comply with a law or regulation, court order or other legal process.
To record your opt-in or opt-out preferences.
For our other legitimate interests, unless such processing will unfairly prejudice your rights or freedoms.
In other ways to which you consent.
To the extent that data is aggregated and anonymised for business purpose, such as analysing usage trends and seeking compatible advertisers and partners.
If you have asked to receive emails or SMS communications from us, to track whether you open, read or click on the content, to see what you are interested in so that we can give you more content that we think you are more likely to enjoy. We use this data to profile your likes and dislikes.
Based on profile information, to give you advertising that we think you will like and want to see as you view content from us or from our network of publishers that we advertise with. Sometimes, with your consent, we may use your current location to serve advertising to you that is to do with promotions or events that are happening nearby that we think you might be interested in.
In respect of information we collect about your computer, which may at times be able to identify you, for any lawful business purpose, including without limitation to help diagnose problems with our servers, to gather broad demographic information and to otherwise administer our Sites.
In respect of information which does not identify any individual this may be used in a general way by us or third parties, to provide class information, for example relating to demographics or usage of a particular page or service.
Processing of Special Personal Information
We will only collect and process your special personal information:
In ways for which you have given express consent.
To protect your legitimate interests.
As required by the relevant law.
Where the information has been made public by you deliberately.
we may collect special personal information about patients from our customers, vendors, or other business contacts when we provide therapy or technical support for our products or services to you.
We may collect special personal information which you need to give to us or our services providers in order to use products and services sold by us.
We may collect special personal information about patients when we receive questions and suggestions about our products and services.
We may collect special personal information as required by certain governmental authorities in order to assure safe and effective use of our products and services.
We may collect special personal information about participants in clinical trials, studies, and other research initiatives.
We may collect special personal information directly from you, when you voluntarily provide it to us.
Who will your Personal Information be shared with
We will not share your personal information with an unrelated third party without your permission, except as otherwise provided in this Privacy Notice.
Accordingly, we may share your personal information for the purposes set out in this Privacy Notice:
With our subsidiaries, divisions and associated companies provided that MSQ is the party responsible for the management of jointly used personal information.
With business partners with whom we offer co-branded services or engage in joint marketing activities.
With business partners on whose behalf we are appointed to sell products and services. In the case of ADAMM products, we share your personal information with HOC who is the ultimate manufacturer and supplier of the ADAMM Products.
With payment processors and banking platforms who process the payment through our online store and / or facilitate the payment process. The third party payment processor currently being used is PayGate via the banking platform of Nedbank.
With service providers to provide operational services or facilitate transactions on our behalf, including but not limited to processing of orders, assisting with sales-related activities or post-sales support, client support, email delivery, data analytics and auditing.
Where you consent to the sharing of your personal information.
In connection with any joint venture, merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or to another company.
Where applicable, for credit reference, fraud prevention or business scoring agencies, or other credit scoring agencies.
For debt collection agencies or other debt recovery organisations.
In response to a request for information by a competent authority in accordance with, or required by any applicable law, regulation or legal process.
Where necessary to comply with judicial proceedings, court orders or government orders.
To protect the rights, property or safety of MSQ, its business partners, you, or others, or as otherwise required by applicable law.
To any person other than as described herein if we notify you and you consent to the sharing;
In the ordinary course of business, we will share some personal information with companies that we hire to perform services or functions on our behalf. For example, we may use different vendors or suppliers to ship and/ or delivery the products you order from us to you. In these cases, we provide the vendor or supplier with information to process your order such as your name and delivery address. In this regard, we currently use the services of Skynet South Africa (Pty) Limited for freight and distribution of products ordered from us.
In all cases in which we share your personal information with a third party, we will not authorise them to keep, disclose or use your information with others except for the purpose of providing the services we have contracted with them to provide.
Accordingly, any third parties with whom we share personal information are contractually required to implement appropriate data protection and security measures to protect personal information and are not permitted to use personal information for any purpose other than the purpose for which they are provided with or given access to personal information.
We may share your personal information to relevant parties in conjunction with a corporate sale, merger, dissolution, or acquisition.
Security of your personal information
We are committed to protecting your personal information from accidental or unlawful destruction, damage, loss, alteration, unauthorised access or disclosure by using reasonable, appropriate, physical, administrative and technical safeguards and contractually requiring that third parties to whom we disclose your personal information do the same.
In all circumstances the information is held by us on our secure systems. We take all reasonable and appropriate technical and organisational steps to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, misuse, unauthorised disclosure, loss, interference, destruction or damage, alteration, disclosure or access.
Our security systems are in line with industry standards and we monitor developments to ensure that our security systems evolve, as required. We also test our systems regularly.
Personal information is destroyed or anonymised when no longer needed or when we are no longer required by law to retain it (whichever is the later).
We will promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information.
We may store your personal information with the web-hosting service provider appointed by us from time to time. The storage may be in South Africa or in another country.
Where storage is in another country, your personal information will be stored in a jurisdiction that has equivalent, or better, data protection legislation than South Africa or with a service provider which is subject to an agreement requiring it to observe data protection requirements equivalent to or better than those applicable in South Africa.
We will retain your personal information for as long as is necessary to fulfil the purpose for which it was collected unless a longer retention period is required to comply with legal obligations, resolve disputes, protect our assets, or enforce agreements. The criteria we use to determine retention periods include whether:
We are under a legal, contractual or other obligation to retain personal information, or as part of an investigation or for litigation purposes;
Personal information is needed to maintain accurate business and financial records;
There are automated means to enable you to access and delete your personal information at any time;
You have consented to us retaining your personal information for a longer retention period, in which case, we will retain personal information in line with your consent.
We will continue to treat your personal information in accordance with this Privacy Notice so long as we retain it.
Cross border transfers of Personal Information
We may transfer personal information out of the country in which it was collected to another country or territory.
We will transfer information to other areas only if:
the transfer is necessary for the performance of a contract between you and us or for pre-contractual measures taken in response to your request; or
if you consent to the transfer; and
if the data will be adequately protected in the other country, by contract or law.
Cookies and Similar Technologies
Enabling you to sign in to our Sites;
Keeping track of information, you have provided to us;
Improving your browsing experience;
Customising our interactions with you;
Storing and managing your preferences and settings;
Compiling statistical data;
Analysing the performance and usability of our Sites;
Measuring traffic patterns for our Sites; and
Determining which areas of our Sites have been visited.
These technologies collect information that your browser sends to our Sites including your browser type, information about your IP address (a unique identifier assigned to your computer or device which allows your PC or device to communicate over the Internet), together with the date, time and duration of your visit, the pages you view and the links you click.
The information that we collect using cookies is non-personal
information. You are always free to decline our cookies if your browser permits, but some parts of our websites may not work properly for you if you do so. We do not allow third parties to place cookies on our websites.
Our Sites may also contain web beacons or similar technologies from third party analytics providers, through which they collect information about your activities across our Sites to help us compile aggregated statistics.
Links to third party websites and applications
Our Sites may contain links to third party websites and applications. We are not responsible for and make no representations or warranties in relation to the privacy practices or content of any third-party websites and applications. Your use of such sites and applications is subject to the applicable third-party privacy notice and is at your own risk.
We may send you direct marketing communications about our products and services.
You can choose whether you wish to receive marketing communications from us by email, SMS and / or phone.
You may opt out of receiving marketing materials from us at any time and manage your communication preferences by:
Following the unsubscribe instructions included in each marketing email or SMS text message from us;
Sending an email to the sender of the marketing communications; or
Writing to our contact address listed below.
Including your details and a description of the marketing material you no longer wish to receive from us.
We will comply with your request as soon as is reasonably practicable.
If you opt out of receiving marketing related communications from us, we may still send you administrative messages as part of your ongoing use of our products and services, which you will be unable to opt out of.
We do not provide your personal information to unaffiliated third parties for direct marketing purposes or sell, rent, distribute or otherwise make personal information commercially available to any third party.
What are your rights
You have the right to:
access, free of charge the personal information about yourself stored by us and its use.
correct, this data or, where legally justifiable, to request that we delete or destroy it.
opt-out of direct marketing communications.
remove your data from a direct marketing list.
object on reasonable and lawful grounds to the processing of your personal information.
withdraw your consent to the processing of your personal information or part thereof.
You also have the right to lodge a complaint with the Information Regulatory about how we process your Personal Information.
Disclaimer and Indemnity
Whilst we will do all things reasonably necessary to protect your rights of privacy , we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence or non- compliance with applicable laws.
If you disclose your personal information to a third party, such as an entity which operates a website or mobile application linked to the Sites or anyone other than us, we SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because we do not regulate or control how that third party uses your personal information. You should always ensure that you read the Privacy Notice of any third party.
Updates to this Privacy Notice
We may update this Privacy Notice at any time. If we do, we will update the “last modified” section at the bottom of this Privacy Notice.
We encourage you to regularly review this Privacy Notice to stay informed about our privacy practices.
How to contact us
If you have any complaints, requests or questions about how your personal information is handled by us, you have a privacy concern or you wish to make a request or a complaint relating to your personal information, please contact us.