What is physiotherapy

Physiotherapy as described by World Physiotherapy is a health care profession concerned with human function and movement and maximising physical potential. We, as physiotherapists work to identify and maximise the quality of life and movement potential, of a patient, within the spheres of promotion, prevention, treatment and rehabilitation. We use science-based, physical, hands-on and movement-based approaches to promote, maintain and restore physical, psychological and social well-being, considering variations in health status.

Head, Neck and Back Pain Treatment

Headaches, TMJ related issues, neck and back pain associated with muscular and joint issues as well as ergonomic and postural issues.

Pre and Post Surgical Rehabilitation

Getting you ready for a surgery as well as assisting you in rehabilitation after a surgery including joint replacements, ligament and muscular repair and post surgical strength and conditioning.

Sports Injury Rehabilitation

From social sportsmen and weekend warriors, to elite and professional sportsmen and women, we all get injured so let us assist in getting you back in the game.

Dry Needling

The management of musculoskeletal pain and movement impairments using acupuncture needles.

Strapping and Kinesiotaping

Facilitating movement and offloading specific structures in order to further assist in rehabilitation. We also offer pre and post competition management all aimed at ensuring you perform at your peak, no matter what you do.

General Musculoskeletal Conditions

Muscle, tendon and ligament sprains and strains.

Orthopaedic Conditions

Osteoarthritic and joint related pain as well as post joint replacement surgery, dislocations and bone breaks.

Field Side Care for Sports Teams

Prematch management and field side care during the event as well as postmatch management.

Preventative Screening

Preseason screening specific to your sport, allowing for the identification of any insufficiencies and imbalances, with the aim of reducing the risk of injury by correcting any adverse findings during the screening process.

Home Visits

Physiotherapy services from the comfort of your own home

Privacy Statement

PRIVACY STATEMENT

Please read this Privacy Statement carefully to understand how your personal information will be handled by Sean Cressy Physiotherapy (“the practice”). Every term of this Statement is material. If you do not agree with the processing of your personal information as set out in this Statement, we may in our sole discretion decide whether to provide or continue with the provision of physiotherapy services to you, unless we have a legal obligation to do so, or to otherwise engage with you.

1. About the Practice

This is a private physiotherapy practice, which provides physiotherapy services to patients. The practice is subject to various laws protecting the privacy and confidentiality of data subjects (e.g. the Health Professions Act and the National Health Act), including patients, as well as the ethical rules and policies of the Health Professions Council of South Africa (HPCSA).

The practice’s contact details are as follows:

Address: Rhythm rehab

Shop 1059c

Heathway Square

Cnr Castlehill drive and Beyers Naude drive

Blackheath

Gauteng

2195

South Africa

E-mail: sean@rhythmrehab.co.za

Telephone: 0763790565

Website: www.rhythmrehab.co.za

2. Information Officer

The contact details of the practice’s Information Officer are as follows:

Name: Sean Cressy

E-mail: sean@rhythmrehab.co.za

Telephone: 0763790565

3. Definition of Terms

3.1 “Personal information” refers to information relating to identifiable, living, natural persons as well as identifiable, existing juristic persons, and includes, but is not limited to -

3.1.1 information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person;

3.1.2 information relating to the education or the medical, financial, criminal or employment history of the person;

3.1.3 any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person;

3.1.4 the biometric information of the person;

3.1.5 the personal opinions, views or preferences of the person;

3.1.6 correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;

3.1.7 the views or opinions of another individual about the person; and

3.1.8 the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person,

and “information” has a similar meaning unless the context requires otherwise.

3.2 “Processing” refers to any operation or activity or any set of operations, whether or not by automatic means, concerning personal information, including -

3.2.1 the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use;

3.2.2 dissemination by means of transmission, distribution or making available in any other form; or

3.2.3 merging, linking, as well as restriction, degradation, erasure or destruction of information.

3.3 “POPIA” means the Protection of Personal Information Act (Act 4 of 2013) and Regulations made in terms thereof.

3.4 “We” / “us” refers to the practice and the practice owners / partners / directors.

3.5 “You” / “your” refers to the data subject (i.e. the person or entity) whose personal information is in the possession of or under the control of or processed by the practice.

4. Application of the Privacy Statement

This Privacy Statement applies to personal information that we have in our possession or under our control, and information that we collect or receive from or about you (for example, when you obtain physiotherapy services at the practice and/or submit information via the practice’s website). It stipulates, amongst others, how we collect your personal information, the type of information collected, why that information is collected, the circumstances under which that information will be shared with others, the security measures that we have implemented to protect your personal information and your right to obtain access to and correct the information in our possession or under our control.

5. Our Commitment

We understand that your personal information is important to you and that you may be anxious about disclosing it. Your privacy and the security of your information are just as important to us and we therefore want to make sure you understand how your information will be processed. We acknowledge that we are required by law to keep your personal information confidential and secure. We are committed to conducting our practice in accordance with the law in order to ensure that the confidentiality of your personal information is protected and maintained. We take this commitment to look after your personal information seriously. We have implemented a number of processes to make sure that your personal information is used in the right way.

6. Privacy Principles

We apply the following principles in order to protect your privacy:

· No more personal information about you than what is necessary is collected;

· Your personal information is only used for the purposes specified in this Privacy Statement, unless you are advised otherwise;

· Your personal information is not kept by us if it is no longer needed; and

· Other than as specified in this Privacy Statement or otherwise agreed with you, we do not share your personal information with third parties.

7. When You Provide Information about Another Individual / Entity

You must make sure that if you provide personal information about any individual or entity to us, you may lawfully do so (e.g. with their consent). We will accept that you are acting lawfully. You should make sure that they are familiar with this Privacy Statement and understand how we will use and disclose their information.

8. Collection of Your Personal Information

We obtain personal information directly from you when you become a patient or an employee, when you log onto our website or when you provide information to us. Information may also be collected from other sources, depending on the circumstances, such as your next-of-kin, another health care practitioner involved in your care, the hospital / facility admission form, a credit bureau, a public record or when you make information publicly available. The information that we request from you is necessary to provide you with physiotherapy services or to manage the employment or other relationship. Information is generally collected for the purposes as set out below.

9. Processing and Disclosure of Patients’ Personal Information

There are various laws that permit the processing of your personal information such as the National Health Act, the Health Professions Act and POPIA. We will only process, which includes collect, use, store or disclose, your personal information in accordance with the law or otherwise with your consent and will always strive to keep your information confidential, whether you supply it directly to us or whether it is collected lawfully from other sources.

We generally collect and process the following personal information about patients and retain it as part of our records:

· Name, identity number, date of birth, age, contact details, address and gender;

· Name and contact details of next-of-kin;

· Health status and disability;

· Funder (e.g. medical scheme) information;

· Physiotherapy services provided;

· Reports from special investigations such as radiology reports and pathology results;

· Account and payment details; and

· Patient documentation, including consent forms, invoices, photos, videos and correspondence.

When you become a patient of the practice, we will use your personal information as follows:

· to provide you with appropriate care;

· to communicate with you in respect of your care, including reminding you of appointments and collecting payments for services rendered;

· for administrative purposes, including preparing invoices and collecting payment for services rendered;

· to refer you to other practitioners;

· to report to referring practitioners;

· for participation in clinical trials;

· record-keeping;

· for historical, statistical and research purposes;

· as proof;

· for enforcement of the practice’s rights;

· for any other lawful purpose related to the activities of a private physiotherapy practice; and/or

· as may be requested or authorised by you.

We do not use your personal information for commercial purposes.

Depending on the circumstances, your personal information will be disclosed to the following persons and entities:

· relevant treating practitioners to ensure appropriate care;

· next-of-kin (if it is necessary in the circumstances);

· your funder (such as your medical scheme upon its request, for example, to allocate benefits);

· your insurance company (upon your request);

· bodies performing peer review of our practitioners / clinical practice audits;

· our professional advisers as well as employees and service providers who assist us to provide the services and who perform functions related to the administration of the practice, subject to confidentiality agreements;

· debt collectors and credit bureaus, if your accounts are outstanding;

· public and private bodies (such as regulators), as may be required in terms of the law;

· law enforcement structures, including courts and tribunals;

· as required or permitted by law, including to comply with any legal obligation or to protect the rights, property or safety of our business, employees, patients, the public or others; and

· a purchaser of the practice, if applicable.

10. Processing of Personal Information of Data Subjects (Other than Patients)

There are various laws that permit the processing of your personal information such as labour laws and POPIA. We will only process, which includes collect, use, store or disclose, your personal information in accordance with the law or otherwise with your consent and will always strive to keep your information confidential, whether you supply it directly to us or whether it is collected lawfully from other sources.

We generally process the following personal information about you, as may be applicable in the circumstances, and retain it as part of our records:

· Health care practitioners and employees

§ Name, identity number, date of birth, age, contact details, address, HPCSA number, position or role in the practice, nationality, gender, race, qualifications, specialisation and interests, curriculum vitae, references and photos;

§ Membership of the SASP®;

§ Relevant medical and disability information;

§ Signatures of official signatories of the practice and proof of residence, if required by the bank;

§ Employment-related information;

§ Bank details;

§ Professional indemnity cover information; and

§ Correspondence.

· Suppliers, Service Providers, Other Stakeholders in the Health Care Industry, including Public Bodies and Regulators

§ Organisation name and contact details;

§ Names, titles and contact details of relevant persons and officers;

§ Black-Economic Empowerment (BEE) status of suppliers;

§ Agreements and related information;

§ Invoices;

§ Official documentation, including newsletters and statements; and

§ Engagement-related information and correspondence.

Other personal information may be collected and processed, as may be necessary and applicable in the circumstances.

11. Purpose of Processing of Personal Information of Data Subjects (Other than Patients)

We generally process personal information for one or more of the following purposes:

· to conduct and manage the practice in accordance with the law, including the administration of the practice and claiming and collecting payment for services rendered;

· for communication purposes;

· for the maintenance of practice records;

· for employment and related matters of employees and other practitioners;

· for reporting to persons and bodies as required and authorised in terms of the law or by you;

· for historical, statistical and research purposes;

· for proof;

· for enforcement of the practice’s rights; and/or

· for any other lawful purpose related to the activities of a private physiotherapy practice.

We do not use your personal information for commercial purposes.

12. Disclosure of Personal Information of Data Subjects (Other than Patients)

Relevant personal information of data subjects (other than patients) will be shared, as may be necessary in the circumstances, with our professional advisers, relevant employees (on a need-to-know basis), our auditors / accountants, regulators, relevant public and private bodies, law enforcement structures, a purchaser of the practice, if applicable, and relevant. The information will only be shared as permitted in terms of the law or as otherwise agreed to with such a person.

13. Links to Social Networking Services

We use social networking services such as WhatsApp, LinkedIn, Twitter and Facebook to communicate with the public about our services. When you communicate with us through these services, the relevant social networking service may collect your personal information for its own purposes. These services have their own privacy policies, which are independent of this Privacy Statement.

14. Consent

If you provide consent to us to process your personal information, you may withdraw your consent at any time. This does not affect the processing of personal information that has already occurred. If you withdraw your consent, your personal information will only be processed as provided for in the law, and, if the circumstances make it reasonable and lawful for us to do so, we may terminate our relationship with you.

15. Objection to Processing

In certain instances, you may object to the processing of your personal information, if it is reasonable to do so, unless we may do so in terms of the law. This must occur on the form prescribed by POPIA. This does not affect personal information already processed. If you object and we agree with your objection, your personal information will only be processed as provided for in the law. If you exercise this right and, if the circumstances make it reasonable and lawful for us to do so, we may terminate our relationship with you.

16. Record-Keeping

We maintain records of your personal information for as long as it is necessary for lawful purposes in accordance with the law, including to fulfil your requests, provide services to you, comply with legal obligations, resolve disputes, enforce agreements and as proof. These records may be held in electronic format. We may also retain your personal information for historical, statistical and research purposes, subject to the provisions of the law.

17. Sending Information Across the Borders of the Republic of South Africa

We process and store your information in records within the Republic South Africa, including in ‘clouds’, which comply legal requirements to ensure the protection of your privacy. If we must provide your personal information to any third party in another country, we will obtain your prior consent unless such information may be lawfully provided to that third party.

18. Security of Your Personal Information

We are committed to ensuring the security of your personal information in order to protect it from unauthorised processing and access as well as loss, damage or unauthorised destruction. There are also inherent risks in the electronic transfer and storage of personal information. We have implemented and continually review and update our information protection measures to ensure the security, integrity, and confidentiality of your information in accordance with industry best practices. These measures include the physical securing of the offices where information is held, the locking of cabinets with physical records, password control to access electronic records, which passwords are regularly changed, off-site data back-ups and stringent policies in respect of electronic record storage and dissemination. In addition, only those employees and service providers that require access to your information to discharge their functions and to render services to us are granted access to your information and only if they have concluded agreements with or provided undertakings regarding the implementation of appropriate security measures, maintaining confidentiality and processing the information only for the agreed purposes.

19. Security Breaches

We will inform you and the Information Regulator, if any person has unlawfully obtained access to your personal information, subject to the provisions of the law.

20. Right to Access your Personal Information

You have the right to have access to your personal information subject to restrictions imposed in legislation. You may request access to your information in our possession or under our control and information of third parties to whom we supplied that information. If you wish to exercise this right, please complete and submit the prescribed form to the Information Officer. Costs may be applicable to such request. The relevant form and costs can be obtained from the Information Officer. You may also consult our PAIA Manual.

21. Accuracy of Your Personal Information

It is important that we always have accurate information about you on record as it could impact on communication with you and your health, if applicable. You must therefore inform us as soon as any of your information has changed. You may also request that we correct or delete any information. Such a request must be made in writing on the prescribed form to the Information Officer and must provide sufficient detail to identify the information and the correction or deletion required. Information will only be corrected or deleted, if we agree that the information is incorrect or should be deleted. It may not be possible to delete all of the information if there is a legal basis to retain the information. However, please contact the Information Officer to discuss how we can assist you with your request. If we correct any information and the corrected information will impact on any decision made or to be made about you, we will send the corrected information to persons to whom the information has been disclosed in the past if they should be aware of the changed information.

22. Marketing of Products and Services

If you have provided consent, we may occasionally inform you, electronically or otherwise, about supplementary products and services offered by us that may be useful or beneficial to you. You may at any time withdraw your consent and opt out from receiving such information.

23. Changes to this Privacy Statement

We reserve the right in our sole and absolute discretion, to revise or supplement this Privacy Statement from time to time to reflect, amongst others, any changes in our business or the law. We will publish the updated Privacy Statement on our website at www.rhythmrehab.co.za. It will also be available at the practice reception. Any revised version of the Statement will be effective as of the date of posting on the website, so you should always refer back to the website for the latest version of the Statement. It is your responsibility to make sure you are satisfied with any changes before continuing to use our services. If we make a material change to this Statement, you will be notified with a notice on the website and in the practice that our privacy practices have changed and you will obtain a link / access to the new Statement. In the event that we make a material change to how we use your personal information, we will provide you with an opportunity to opt out of such new or different use. If you have any questions concerning this Statement, please contact our Information Officer.

24. Concerns and Complaints about the Processing of Your Personal Information

All enquiries, requests or concerns regarding this Statement or relating to the processing of your personal information should be addressed to the Information Officer. If you believe that we process your personal information contrary to this Privacy Statement or in contravention of the law, please contact the Information Officer immediately. You may also lodge a complaint with the Information Regulator at complaints.IR@justice.gov.za / +27 (0)10 023 5207 / +27 (0)82 746 4173.

25. Laws applicable to this Privacy Statement

This Privacy Statement is governed by the laws of the Republic of South Africa.

Website terms and conditions

By using the website, you agree to be bound by the Website Terms and Conditions. All terms and conditions are material. Please review them carefully before proceeding. The Website Terms and Conditions apply to the website in its entirety including all services offered by or through the website.

COPYRIGHT NOTICE

1. Definitions

1.1 “IP address” means a unique address that identifies a device on the Internet or a local network.

1.2 “Personal information” has the meaning assigned to it in the Protection of Personal Information Act (Act 4 of 2013), and “information” has a similar meaning unless the context requires otherwise, and includes any information that identifies or relates specifically to you such as your name, age, identity number, contact details, gender, practice details, qualifications and information you use to log onto the website.

1.3 “Practice” means Sean Cressy Physiotherapy,

Rhythm rehab

Shop 1059c

Heathway Square

Cnr Castlehill drive and Beyers Naude drive

Blackheath

Gauteng

2195

South Africa

1.4 “Traffic data” means any data processed for the purpose of conveyance of a communication on an electronic communications network in respect of that communication and includes data relating to the routing, duration or time of a communication.

1.5 “Web browser” means an application used to access and view this website such as Internet Explorer, Google Chrome and Safari.

1.6 “Website” means the internet website with the address www.rhythmrehab.co.za or any website with a URL that is validly registered to the practice.

1.7 “You” / “your” means the user of the website and the services offered by the practice on or through the website.

2. Purpose of the Website

The main purpose of the website is to provide relevant information about the practice to patients and the public.

3. Conditions of Access and Use

3.1 To avoid any confusion, you agree that the Website Terms and Conditions apply to your use of the website, any third-party website licensed to the practice and any information accessed via the website.

3.2 If you use the website, you must keep your access details (including your username and password) confidential and not allow other people to use them. You accept full responsibility for all activities that occur under your access details or password and accept responsibility for sharing your user name and password.Any use of your access details shall be regarded as if you were the person using such information.

3.3 Materials from the website may be copied and distributed on a limited basis for non-commercial purposes only, provided that any material copied remains intact and that all copies include the following notice in a clearly visible position: 'Copyright © 20XX Sean Cressy Physiotherapy All rights reserved.' These materials are for personal use only. Any copying or redistribution for commercial purposes or for compensation of any kind requires prior written permission from the practice.

3.4 By using the website, you guarantee that you will not and you will not allow third parties on your behalf to

3.4.1 make and distribute copies of the website;

3.4.2 attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the website; or

3.4.3 create derivative works of the website of any kind whatsoever.

3.5 You acknowledge that the terms of the agreement with your Internet provider will continue to apply when using the website. As a result, you may be charged by the Internet provider for access to network connection services for the duration of the connection while accessing the website or any such third-party charges as may arise. You accept responsibility for any such charges that arise.

3.6 If you are not the payer of the device being used to access the website, you will be assumed to have received permission from the payer for accessing and using the website.

4. Data Protection

4.1 The website contains confidential information, which is the property of the practice and/or its data subjects and/or its business partners. Unauthorised disclosure and/or use of this information may incur civil or criminal liability.

4.2 Any of your personal information available on the website and which you supply to the practice when using the website will be used by the practice in accordance with its Privacy Policy and subject to legislation.

4.3 You guarantee that all information provided by you on or via the website is true, accurate, current and correct and you undertake to update the information as and when required.

4.4 All information that you provide to the practice may be stored electronically and with third parties, which parties are bound by strict levels of confidentiality. These electronic records shall be proof of the information unless you can prove otherwise.

4.5 The practice takes all reasonable steps to protect your personal information and maintain confidentiality, including by making use of encryption technology. However, the practice cannot guarantee the security or integrity of any information you transmit to it online and you agree that you do so at your own risk.

5. Intellectual Property

5.1 All trademarks, copyright, database and other intellectual property rights of any nature in the website together with the underlying software code as well as any content made available on the website (e.g. text, graphics, logos, images, etc.) are owned either directly by the practice or by the practice’s licensors unless expressly stated otherwise.

5.2 You do not obtain any trademark, copyright, database or any other intellectual property right of any nature or licence by using the website.

5.3 You are not granted any license or right to use any trademark without the practice’s prior written permission and/or that of any third party.

6. Breach

If you breach the Website Terms and Conditions, the practice shall have the right to claim damages of whatsoever nature from you, including special, incidental, consequential or indirect damages. In addition, the practice shall have the right to claim loss of profits and loss of business and to recover all legal costs on a scale as between attorney and own client from you.

7. Termination

7.1 The practice may in its sole discretion terminate your use of the website at any time by giving notice of termination to you, where this is possible.

7.2 You agree that the following actions shall constitute material breaches of the Website Terms and Conditions that shall result in the termination of your access to the website, if possible:

7.2.1 signing in as, or pretending to be another person;

7.2.2 transmitting material that violates, or could violate, the intellectual property rights or the privacy of others;

7.2.3 using interactive services in a way that is intended to harm, or could result in harm to you or to other users of the website; or

7.2.4 gathering information about others without obtaining prior written consent.

7.3 Upon termination of use as contemplated in this clause 7, the rights granted to you by the Website Terms and Conditions shall terminate.

8. Disclaimers and Limitation of Liability

8.1 The practice tries to ensure that the most sophisticated technology protects the information on the website. However, the practice cannot be held responsible for any consequences that may result from the unlawful breach of copyright or unlawful dissemination of information by third parties copying information off the website. If you suspect a breach or where a breach may have taken place and this comes to your knowledge, please contact the practice or the webmaster as soon as possible so that the problem can be addressed.

8.2 The website and all information, content, tools and materials are provided by the practice "as is" and on an "as available" basis without warranty of any kind.

8.3 The practice does not guarantee the operation of the website or the information content, tools or materials on the website.

8.4 While the practice makes every effort to ensure that the content and information on the website is complete, accurate and up-to-date, it makes no guarantee about the suitability of the products and services and provide no representation or warranty, express or implied, regarding the accuracy, correctness and completeness of information contained on the website.

8.5 The practice does not guarantee that the website, information, content, tools or materials included on the website, the practice’s servers or any electronic communications sent by it are free from viruses or other harmful components.

8.6 The views and opinions expressed on this website, links or attachments hereto do not necessarily reflect the views and/or opinions of the practice. Regardless of the vast professional knowledge and scientific expertise in the field of physiotherapy that the practice possesses, it cannot inspect all information to determine the truthfulness, accuracy, reliability, completeness or relevance thereof.

8.7 Although the practice is fully committed to providing you with the best possible service, it shall not be responsible for:

8.7.1 any interrupted, delayed or failed transmission, storage or delivery of information due to a power failure, equipment or software malfunction, natural disasters, fire, labour unrest, epidemics, pandemics, or any other cause beyond the reasonable control of the practice, or

8.7.2 any inaccurate, incomplete or inadequate information supplied by you and obtainable from the website.

8.8 The website and all of its component elements, including text, graphics, images, hyperlinks and other materials supplied by third parties, are for general educational purposes only and do not take the place of professional medical or physiotherapy advice. To the extent that clinical information may be provided on the website, it is based on best practice and/or current research, recommendations and guidelines, which may change from time to time. The information provided does not replace the advice of a registered health care practitioner. You should not discontinue any treatment you may be receiving on the basis of information reflected on this website without first consulting your treating practitioner and you should seek professional advice should any symptoms you may be experiencing persist.

8.9 You agree to use the website at your own risk.

8.10 The practice, its directors / partners, employees, contractors and website contributors shall not be liable to you or any other person or entity for, and you agree to indemnify them against, any claim or damages of any kind, including for direct, indirect, special, incidental, punitive and/or consequential damages as well as loss of profit or the like whether or not in the contemplation of the parties, whether based on breach of contract, delict (including negligence), product liability or otherwise, arising from -

8.10.1 your use of the website or from any information, content, tools or materials included on or otherwise made available to you through the website, including any damage or alteration to your equipment, including but not limited to computer equipment, handheld devices or mobile telephones;

8.10.2 for any decision taken or acted upon as a result of reliance on the information or philosophies contained or expressed on the website;

8.10.3 any of the events described in this clause 8;

8.10.4 your actions or omissions that result in a breach of the Website Terms and Conditions;

8.10.5 any links to other websites from the website. You also acknowledge that the practice cannot control the content of or the products and services offered on those websites; and/or

8.10.6 a denial of access to the website should the practice have reason to believe that you are conducting activities that are illegal, abusive, would affect the integrity of the website or place the practice in disrepute.

9. Website Analytics

You may visit the website without providing any personal information. The website servers will in such instances collect the IP address used by the data subject to access the website, but not the e-mail address or any other personal identifiable information. The information on IP addresses is aggregated to measure the number of visits, the average time spent at the website, pages viewed, etc. The practice analyses non-identifiable traffic data to improve its services, via a third-party programme, Google Analytics.

The practice may collect, hold and use statistical information about website visits to help it improve the website. Such information includes –

· your IP address;

· the research terms you used;

· the pages accessed on the website and the links visitors clicked on;

· the date and time you visited the website;

· the referring website (if any) through which you clicked through to our website; and

· the type of web browser you use.

The traffic data is aggregated and is not personally identifiable. Our website analysis will respect any “does not track” setting you may have set on your web browser.

10. Cookies

The practice uses industry-wide technologies such as ‘cookies’ to collect information about the use of the website, your preferences and past browsing history. ‘Cookies’ refer to information that is sent from the website to your hard drive, where it is saved. This will allow the practice to improve its services and your experience when you use the website again. The cookies do not collect any personal information about data subjects. The information obtained will be shared with persons or entities to the extent necessary for them to administer and improve the website on our behalf.

11. Jurisdiction

The laws of the Republic of South Africa shall govern these Website Terms and Conditions.

12. Amendments to the Website Terms and Conditions

The practice may in its sole discretion amend the Website Terms and Conditions from time to time without prior notice. The latest Website Terms and Conditions available on the website shall at all times take precedence over any other version of these Terms. It is your responsibility to make sure you are satisfied with any changes before continuing to use the website.

13. Further Information

If you have questions about these Website Terms and Conditions, please contact the Information Officer / webmaster at sean@rhythmrehab.co.za .

POPI Manual

PAIA Manual

Sean Cressy Physiotherapy

1. Introduction to the Practice

Sean Cressy Physiotherapy is a private physiotherapy practice, which is conducted in accordance with the requirements of the Health Professions Act 56 of 1974 and is subject to the authority of the Health Professions Council of South Africa (“HPCSA”). The practitioners practising at the practice are registered at the HPCSA and provide physiotherapy services within the scope and ambit of their registration, competence and training. The practitioners are bound by the Ethical Rules issued by the HPCSA, which include the duty to preserve patient confidentiality.

2. Contact Details

Practice Name: Sean Cressy Physiotherapy

Registration Number: Practice number 0913014

Head of the Practice: Sean Cressy

Information Officer: Sean Cressy

Physical Address: Rhythm rehab

Shop 1059c

Heathway Square

Cnr Castlehill drive and Beyers Naude drive

Blackheath

Gauteng

2195

South Africa

Postal Address: As above

Telephone Number: 0763790565

E-mail address: sean@rhythmrehab.co.za

Website address: www.rhythmrehab.co.za

3. Guide of the SA Human Rights Commission / Information Regulator

The South African Human Rights Commission (“SAHRC”) / Information Regulator compiled a Guide, in terms of Section 10 of the Promotion of Access to Information Act (Act 2 of 2000) (“PAIA”), to assist persons wishing to exercise their rights in terms of this Act. This Guide is available in all the official languages and contains, amongst others, the following information:

· The purpose of PAIA;

· The manner, form and costs of a request for access to information held by a body;

· Legal remedies when access to information is denied;

· When access to information may be denied; and

· The contact details of Information Officers in the national, provincial and local government.

Any person wishing to obtain the Guide may either access it through the website of the SAHRC at https://www.sahrc.org.za/home/21/files/Section%2010%20guide%202014.pdf or should contact the Information Regulator at:

Physical address: 33 Hoofd Street, Forum III, 3rd Floor Braampark, Braamfontein, Johannesburg

Postal address: PO Box 31533, Braamfontein, Johannesburg, 2017

Telephone: +27 (0) 10 023 5207 / +27 (0) 82 746 4173

E-mail address: inforeg@justice.gov.za

Website: https://www.justice.gov.za/inforeg/

The publication of the abovementioned Guide will be the responsibility of the Information Regulator with effect from 30 June 2021.

4. Records

The practice holds the following categories of records:

4.1 Records relating to the form of practice:

Documents related to the establishment of the practice, such as documents required in terms of the Companies Act 71 of 2008 / a partnership agreement / a shareholders’ agreement; other statutory records; governance documents (e.g. practice policies); minutes of meetings; practice code number registration and other related documents.

4.2 Practice management records:

Documentation relevant to the management structure and the management of the practice; protocols, guidelines and related documentation in respect of the management of patients.

4.3 Employment / Appointment records:

Employment contracts; statutory council registration and related records; conditions of employment and work place policies; employment equity and skills development plans and reports; attendance records; salary and wage register; performance management records; collective agreements; complaints and disciplinary records; relevant tax records; training records; leave records; medical scheme and pension fund membership records; essential services’ permits; correspondence.

4.4 Patient records:

Medical records; patient forms; reports and motivations related to injuries and diseases; payment-related records; correspondence.

4.5 Referral records:

Referral notes; correspondence.

4.6 Clinical trial records:

Records related to clinical trials.

4.7 Health and safety records:

Evacuation plan; information related to the Health and Safety Committee / health and safety officer; and health and safety incident reports.

4.8 Financial records:

South African Revenue Services (“SARS”) registration; Annual Financial Statements; auditor’s reports; accounting records; bank statements; invoices, statements, receipts and related documents; VAT records; tax returns and related documentation.

4.9 Records related to assets:

Asset register; purchase records; financing and lease agreements; sale and purchase agreements; title deeds; registers and records kept in terms of the Medicines and Related Substances Act 101 of 1965; stock sheets; delivery notes and orders; and sale and purchase agreements.

4.10 Agreements:

Agreements (and related documentation) with contractors, consultants, suppliers and vendors, including agreements with funders and related to clinical trials.

4.11 Public and private body records:

Documents published in the public domain; correspondence.

4.12 Legal records:

Legal opinions and advice; complaints, pleadings, briefs and other documents pertaining to any actual, pending or threatened litigation, mediation, and arbitration.

4.13 Insurance records:

Insurance policies and related records, including in respect of professional indemnity cover; claims records.

5. Information Available in terms of Other Legislation

The practice as may be required in terms of the following legislation subject to the specific protection offered by these laws:

1. Basic Conditions of Employment Act 75 of 1997;

2. Children’s Act 38 of 2005;

3. Companies Act 71 of 2008;

4. Compensation for Occupational Injuries and Diseases Act 130 of 1993;

5. Consumer Protection Act 68 of 2008;

6. Disaster Management Act 57 of 2002;

7. Electronic Communications and Transactions Act 25 of 2002;

8. Employment Equity Act 55 of 1998;

9. Health Professions Act 56 of 1974;

10. Income Tax Act 58 of 1962;

11. Labour Relations Act 66 of 1995;

12. Medical Schemes Act 131 of 1998;

13. Medicines and Related Substances Act 101 of 1965;

14. National Health Act 61 of 2003;

15. Occupational Health and Safety Act 85 of 1993;

16. Promotion of Access to Information Act 2 of 2000;

17. Protection of Personal Information Act 4 of 2013;

18. Road Accident Fund Act 56 of 1996;

19. Skills Development Levies Act 9 of 1999;

20. Skills Development Act 97 of 1998;

21. Unemployment Contributions Act 4 of 2002;

22. Unemployment Insurance Act 63 of 2001; and

23. Value Added Tax Act 89 of 1991.

6. Records Automatically Available

No notice has been submitted by the practice to the Minister of Justice and Correctional Services regarding the categories of records, which are available without a person having to request access in terms of Section 52(2) of PAIA. However, the information on the website of the practice is automatically available without having to request access in terms of PAIA. Access and usage of the information on the website are subject to the Website Terms and Conditions as well as the Privacy Statement of the practice.

7. Purpose of Processing Personal Information

The practice processes personal information of data subjects for the following purposes:

1. to conduct and manage the practice in accordance with the law, including the administration of the practice and claiming and collecting payment for services rendered;

2. for treatment and care of patients, including referrals to other practitioners and reporting to referring practitioners;

3. for communication purposes;

4. for the maintenance of practice records and patients’ medical records;

5. for employment and related matters of employees and other practitioners;

6. for reporting to persons and bodies as required and authorised in terms of the law or by the data subjects;

7. for historical, statistical and research purposes;

8. for clinical trials;

9. for proof;

10. for enforcement of the practice’s rights; and/or

11. for any other lawful purpose related to the activities of a private physiotherapy practice.

8. Data Subjects, Their Personal Information and Potential Recipients of this Information

The practice holds the categories of records and personal information in respect of the categories of data subjects specified below. The potential recipients of the personal information processed by the practice are also specified. Information and records are only disclosed as may be necessary in the circumstances and authorised in terms of the law or otherwise with the consent of the relevant data subjects.

8.1 Practitioners and Employees