Privacy Policy

DEFINITIONSIn this Policy, unless the context clearly indicates a country intention, the following terms shall have the meanings assigned to them in this Policy and POPIA –
1. “Consent” – means any voluntary, specific, and informed expression of will in terms of which permission is given for the Processing of Personal Information;
2. “Data Subject” – means the Person to whom Personal Information relates, including but not limited to patients of the Brooklyn Optica;
3. “Information Officer” – means the designated individual employed by Brooklyn Optica, entrusted with the responsibility to oversee, and manage all matters related to requests under the POPIA and PAIA;
4. “Form 2” – means the form to be completed by a Data Subject or requester to access the records of Brooklyn Optica;
5. “PAIA” – means the Promotion of Access to Information Act, Act 2 of 2000;
6. “Person” – means any natural person or juristic person;
7. “Personal Information” – shall have the same meaning as given in terms of section 1 of POPIA;
8. “Policy” – means this Privacy Policy;
9. “POPIA” – means the Protection of Personal Information Act, Act 4 of 2013 (as amended from time to time);
10. “Processing” – means any operation or activity or any set of operations, whether or not by automatic means, concerning Personal Information, including –
  1. the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation, or use;
  2. dissemination by means of transmission, distribution or making available in any form; or
  3. merging, linking, as well as restricting, degradation, erasure, or destruction of information;
  and “Process” / “Processes” / “Processed” shall bear a corresponding meaning;
11. “Regulator” – means the Information Regulator established in terms of section 39 of POPIA;
12. “Special Personal Information” – means Personal Information as referred to in section 26 of POPIA;
13. “Third-Party” – means any employee, independent contractor, agent, consultant, sub- contractor, user of Brooklyn Optica’s Website or any other authorised representative of Brooklyn Optica; and
14. “Website” – means the Website of Brooklyn Optica with URL: https://www.brooklynoptica.co.za.
INTRODUCTION
1. This Policy regulates the Processing of Personal Information and other confidential information obtained by Brooklyn Optica and sets forth the requirements with which Brooklyn Optica undertakes to comply when Processing Personal Information and other confidential information in rendering services to the Data Subject.
2. Brooklyn Optica is obliged to Process Personal Information in accordance with the provisions of POPIA. This Policy declares Brooklyn Optica’s commitment to comply with POPIA when Processing Personal Information and Special Personal Information.
3. When a Data Subject engages Brooklyn Optica, whether it be physically or via any digital, electronic interface such as the Website of Brooklyn Optica, the Data Subject acknowledge its voluntary acceptance of this Policy.
4. Should the Data Subject express their objection to the Processing of its Personal Information, the Data Subject should note that Brooklyn Optica requires the Data Subject acceptance to enable it to effectively fulfill its obligations towards the Data Subject and comply with other applicable laws.
5. In addition to POPIA, there are various laws that permit the Processing of Personal Information of patients of Brooklyn Optica, including but not limited to the National Health Act 61 of 2003 and the Medical Schemes Act No. 131 of 1998.
6. Furthermore, this Policy sets out the procedure when requesting information held by Brooklyn Optica in terms of a request made under PAIA.
RECORDS HELD BY BROOKLYN OPTICA
1. Brooklyn Optica holds the following categories of records and Confidential Information:
  1. Records relating to the form of Brooklyn Optica: Documents related to the establishment of the practice, its incorporation, its directors, and shareholders as required in terms of the Companies Act 71 of 2008; shareholders’ agreements; other statutory records; governance documents (e.g., practice policies, minutes of meetings); practice code number registrations and other related documents.
  2. Employment records: Employment contracts; statutory council registration and related records; conditions of employment and workplace policies; salary registers; relevant tax records; leave records; essential services’ permits and correspondence.
  3. Patient records: Medical records; patient forms; payment-related records and correspondence.
  4. Referral records: Referral notes and reports.
  5. Health and safety records: Evacuation plan; health and safety incident reports.
  6. Financial records: Financial statements; auditors’ reports; accounting records; bank statements; invoices, statements, and receipts; remittance advices; VAT records; tax returns and related documentation
  7. Records related to assets: Asset registers; purchase records; financing and lease agreements; sale and purchase agreements; stock sheets; delivery notes and orders.
  8. Agreements: Agreements and related documentation with service providers, contractors, consultants, suppliers, vendors, medical schemes, professional assistants.
  9. Records relating to legal matters: Complaints, legal documents, and legal opinions.
  10. Public and private bodies (e.g., regulators and medical schemes) records: Official documents published; benefit schedules and correspondence.
  11. Insurance records (including professional indemnity cover): Policies, cover, claims, and related records.
INFORMATION AVAILIBLE IN TERMS OF LEGISLATION
1. Basic Conditions of Employment Act 75 of 1997 and Labour Relations Act 66 of 1995:
  1. Employment contracts and related documentation
2. Children’s Act 38 of 2005:
  1. Consent forms.
3. Consumer Protection Act 68 of 2008 and Medical Schemes Act 131 of 1998:
  1. Invoices related to services provided.
4. Disaster Management Act 57 of 2002:
  1. COVID-19 screening records.
5. Electronic Communications and Transaction Act 25 of 2002:
  1. Proof of electronic transactions (Data messages).
6. Employment Equity Act 55 of 1998:
  1. Employment equity reports.
7. Health Professions Act 56 of 1974:
  1. Proof of registration of healthcare practitioners.
8. Income Tax Act 58 of 1962 and Tax Administration Act 28 of 2011:
  1. Tax-related information of directors, employees, and the companies.
9. Medicines and Related Substances Act 101 of 1965:
  1. Records related to prescriptions and orders of medicine.
10. National Health Act 61 of 2003:
  1. Records and consent documents, where necessary.
11. Occupational Health and Safety Act 85 of 1993 and Compensation for Occupational Injuries and Diseases Act 130 of 1993:
  1. Health and safety incidents; ergonomics records; claims and records related to treatment of occupational diseases and injuries.
12. Promotion of Access to Information Act 2 of 2000:
  1. This Privacy Policy; and
  2. Applicable Legislation Category of Records.
13. Protection of Personal Information Act 4 of 2013:
  1. This Privacy Policy related to the protection of Personal Information.
14. Skills Development Levies Act 9 of 1999 and Skills Development Act 97 of 1998:
  1. Records related to payment of levies and skills development reports.
15. Unemployment Contributions Act 4 of 2002 and Unemployment Insurance Act 63 of 2001:
  1. Records related to payment of UIF contributions and relevant employee records.
16. Value Added Tax Act 89 of 1991:
  1. VAT records.
RECORDS AUTOMATICALLY AVAILIBLE
1. The information on the website is automatically available without having to request access by completing Form 2. Access and usage of the information on the website are subject to the Terms and Conditions, as well as this Privacy Policy.
COLLECTION AND PROCESSING OF PERSONAL INFORMATION
1. Whenever any Data Subject contacts Brooklyn Optica electronically or telephonically, Brooklyn Optica will in effect be Processing the Data Subjects’ Personal Information.
2. Personal Information is collected directly by Brooklyn Optica where any Data Subject:
  1. Becomes a client or patient of Brooklyn Optica;
  2. Provides information on Brooklyn Optica’s Website; or
  3. When information is provided to Brooklyn Optica.
3. Where a Data Subject provides Personal Information about any individual or entity to Brooklyn Optica, such Data Subject is lawfully authorised to do so. Brooklyn Optica accepts that a Data Subject acts lawfully in disclosing the Personal Information and that all the necessary Consents / authorisations have been obtained by the Data Subject.
4. It may be that Brooklyn Optica collects a Data Subject’s Personal Information from other sources. In such an event, Brooklyn Optica will not be responsible for any loss suffered by the Data Subject, their dependents, beneficiaries, spouse, or employees (as the case may be) as the Data Subject shared their Personal Information with such Third Party, for example a medical aid scheme.
5. Brooklyn Optica, Processes Personal Information in order to enable it to deliver services to a Data Subject. Furthermore, the information that Brooklyn Optica collects about patients [Data Subject] is necessary to ensure their safety during treatment and to provide them with the requested optometry services.
6. Brooklyn Optica will be required to Process Personal Information for the following purposes:
  1. for the treatment and care of the Data Subject;
  2. for the medical history of the patients in respect of procedures performed / treatment provided and relevant reports (e.g.,OCT Scans, Visual Field Testing, Pachymetry, Retinal Imaging);
  3. for health status, medical information, including medical history and Covid-19 screening information;
  4. for the maintenance of practice / facility records and medical records;
  5. to maintain records of the Data Subject;
  6. to maintain Third-Party records;
  7. to establish the Data Subject’s needs in relation to specific instructions to Brooklyn Optica;
  8. to provide or manage any information and services requested by the Data Subject;
  9. to obtain medical scheme information or information about other relevant funders;
  10. to prepare, draft and submit medical referrals or motivation letters;
  11. to process applications for employment purposes;
  12. to send newsletters;
  13. for general administration purposes;
  14. for legal and / or contractual purposes;
  15. to enter into negotiations and / or transact with third parties; and
  16. to carry out analysis and Data Subject profiling, including but not limited to identifying the full names, identity number, physical and postal addresses, contact numbers and e-mail address of natural persons, and in the case of juristic persons, to identify the registration number, directors, shareholders, physical and postal addresses, contact numbers and e-mail address of such juristic person.
7. In the event that Brooklyn Optica collects Personal Information, Brooklyn Optica shall comply with the notification requirements set out in section 18 of POPIA and shall further comply with the conditions of Processing Personal Information as set out in POPIA.
8. Brooklyn Optica shall not Process the Personal Information of a Data Subject for any other purpose than set out in this Policy unless Brooklyn Optica is permitted or obliged to do so in terms of any applicable laws.
9. Brooklyn Optica shall further not share a Data Subject’s Personal Information without such Data Subject’s Consent, provided that in certain circumstances:
  1. Brooklyn Optica must share Personal Information with Third Parties as part of its services rendered to its Clients;
  2. Brooklyn Optica have to obtain Personal Information regarding Data Subjects and other third parties or entities as part of its services rendering;
  3. to release Personal Information when it is appropriate to comply with relevant laws, to enforce Brooklyn Optica’s mandate, and to protect the rights, property (including, but not limited to intellectual property), or safety of Brooklyn Optica and the Data Subjects;
  4. Brooklyn Optica may need to transfer Personal Information to another country for Processing when it is required by virtue of the services render to the Data Subjects; and
  5. relevant laws allow for the disclosure of Personal Information to law enforcement or other agencies.
10. When disclosing Personal Information as contemplated in clauses 6.9.1 to 6.9.5 above, Brooklyn Optica will in all instances provide due notice to the Data Subject of such disclosure, unless legislation provides otherwise.
11. A Data Subject that provided Consent to the Processing of Personal Information, may at any time withdraw such Consent subject to the following:
  1. The withdrawal of the Consent will not affect the procession of Personal Information that has already occurred; and
  2. The Personal Information will only be processed as permitted by law.
12. Brooklyn Optica process a Data Subject’s Personal Information to protect the Data Subject’s legitimate interests or based on the legitimate interests of Brooklyn Optica or those of a Third Party to whom Brooklyn Optica supplies the information, a Data Subject may object to Brooklyn Optica Processing its Personal Information if it is reasonable to do so.
13. Where a Data Subject objects to the Processing of Personal Information, the Data Subject must complete the form prescribed by POPIA, which form is available at the reception Brooklyn Optica and from the Information Officer.
14. An objection against the Processing of Personal Information does not affect the Data Subject’s Personal Information that Brooklyn Optica have already processed.
PERSONAL INFORMATION FOR DIRECT MARKETING PURPOSES
1. Brooklyn Optica acknowledges that it may only use Personal Information to contact Data Subjects for purposes of direct marketing if Brooklyn Optica has complied with the provisions of POPIA.
2. Brooklyn Optica will ensure that a reasonable opportunity exists for any and all Data Subjects to object to the use of their Personal Information for marketing purposes when collecting the Personal Information and every time a communication which has a marketing purpose is sent.
STORAGE AND RETENTION OF PERSONAL INFORMATION
1. Brooklyn Optica will retain Personal Information it has Processed in an electronic and / or hardcopy file format, either through third-party service providers or by itself. Should Brooklyn Optica make use of a third-party service provider, it is expressly recorded that Brooklyn Optica will need to disclose Personal Information to such third-party service provider where necessary to ensure that the purpose for which the Personal Information was collected, is achieved. It is further recorded that Brooklyn Optica will enter into written agreements with such third-party service provider to ensure compliance with all applicable laws, with specific reference to POPIA.
2. Personal Information will be retained by Brooklyn Optica for as long as necessary to fulfill the purpose for which the Personal Information was collected, taking into consideration that such retention shall be for a minimum period of 7 (seven) years from the date of last entry as prescribed by applicable laws.
SAFEGUARDING OF PERSONAL INFORMATION
1. Brooklyn Optica is required to take reasonable measures to adequately protect all Personal Information held by it and to avoid unauthorised access and use of such Personal Information. In order to comply with this requirement, Brooklyn Optica maintain industry-standard physical, technological, and procedural safeguards to secure the integrity and confidentiality of Personal Information.
2. In further compliance with POPIA, Brooklyn Optica will take steps to notify the Regulator and any affected Data Subject of a security breach within a reasonable time after becoming aware of such security breach.
3. The Data Subject acknowledges that the transmission of Personal Information, whether physical or through the internet (including, but not limited to e-mail) is not completely secure. Any transmission of Personal Information will therefore be at the sole risk of the Data Subject.
4. The Data Subject, or Third Party, by accepting the terms and conditions of this Policy, indemnify and hold Brooklyn Optica harmless for any security breaches which may potentially occur in relation to the Data Subject Personal Information.
ACCESS TO PERSONAL INFORMATION
1. Should a Data Subject require access to the Personal Information held by Brooklyn Optica, such Data Subject must make a written request to the Information Officer designated by Brooklyn Optica from time to time. Such request may be sent to : boptica@brooklynoptica.co.za
2. Brooklyn Optica will, upon request of a Data Subject (and subject to all applicable laws, including but not limited to the POPIA provide the Data Subject with his / her / its Personal Information, contingent upon the payments being up to date for the services rendered.
3. Should a Data Subject request the amendment, correction or destruction of Personal Information, such request may also be sent to the Information Officer. Brooklyn Optica will, in terms of all applicable laws, respond to such request within a reasonable time.
4. It must be noted that Brooklyn Optica may charge a prescribed fee to be paid for copies of a Data Subject’s Personal Information.
ACCURACY OF PERSONAL INFORMATION
1. It’s important for Brooklyn Optica to always have up-to-date and accurate information about the Data Subject records, inaccuracies could affect Brooklyn Optica’s communication with the Data Subject and, where relevant, the Data Subject’s healthcare. It is imperative that Data Subject promptly inform Brooklyn Optica of any changes to its Personal Information.
2. Additionally, if the Data Subject wish to have any of their information corrected or deleted, the Data Subject must submit a request in writing using the prescribed form, which can obtain from the reception desk at Brooklyn Optica or directly from the Information Officer.
3. To Process the Data Subject’s request, the Data Subject will be required to provide adequate details to assist Brooklyn Optica to identify the specific information that the Data Subject is referring to, as well as specify the changes or deletions that are requested. Please note that Brooklyn Optica will only make corrections or deletions if it is determined that the information is incorrect or should be removed from Brooklyn Optica’s records.
4. The Data Subject acknowledge that there might be circumstances where Brooklyn Optica is legally required to retain information, and as such, complete deletion may not be possible.
5. In cases where corrections to the Data Subject’s information are made and these corrections could influence decisions regarding the Data Subject’s care or services provided by Brooklyn Optica, Brooklyn Optica may be required to share the updated information with Third Parties who have previously received Personal Information from Brooklyn Optica.
COMPLAINTS TO THE INFORMATION REGULATOR
1. In the event that any Data Subject or Third-Party is of the view or belief that Brooklyn Optica has Processed their Personal Information in a manner or for a purpose which is contrary to the provisions of this Policy, the Data Subject is implored to resolve such matter directly with Brooklyn Optica. Should the matter not be resolved, the Data Subject or Third Party shall have the right to lodge a complaint with the Regulator under the provisions of POPIA.
2. In respect of PAIA, the Regulator compiled a Guide, in terms of Section 10 of PAIA, to assist persons wishing to exercise their rights in terms of PAIA. This Guide contains, amongst others, the following information:
  1. The purpose of PAIA;
  2. The manner, form, and costs of a request for access to information held by a body;
  3. Legal remedies when access to information is denied;
  4. Assistance that the Regulator can provide;
  5. Mechanisms to obtain the contact details of Information Officers; and
  6. Relevant legislation.
3. The contact details of the Regulator are the following: The Information Regulator (South Africa) Physical Address: JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001 Postal Address: P.O. Box 31533, Braamfontein, Johannesburg, 2017 Complaint e-mail address: complaints.IR@justice.gov.za General Enquiry e-mail address: enquiries@inforegulator.org.za
PROCEDURE TO OBTAIN ACCESS TO RECORDS OR INFORMATION
1. The fact that information and records are held by the practices as listed in this Policy should not be construed as conferring upon any requester any right to that information or record. PAIA grants a requester access to records of a private body, if the record is required for the exercise or protection of any right. If a public body lodges a request, the public body must be acting in the public interest. Access to records and information is not automatic. Any person, who would like to request access to any of the above records or information, is required to complete a request form (Form 2), which is available from reception or the Information Officer of the practices and the Regulator at the contact details stipulated above.
2. The requester must provide sufficient detail on the request form to enable the Information Officer to identify the record and the requester. The requester must identify the right he/she is seeking to exercise or protect and explain why the record requested is required for the exercise or protection of that right. If a request is made on behalf of another person, the requester must submit proof of the capacity in which the request is made to the satisfaction of the Information Officer. Access to the requested records or information or parts of the records or information may be refused in terms of the law. Requesters will be advised of the outcome of their requests.
FEES PAYABLE TO OBTAIN THE REQUESTED RECORDS OR INFORMATIONFees may be charged for requesting and accessing information and records held by the practice. These fees are prescribed in terms of PAIA. Details of the fees payable may be obtained from reception or the Information Officer. The fees are also available from th Regulator.
AMENDMENTS TO THIS POLICYBrooklyn Optica may amend this Policy from time to time. Amendments will be communicated and will appear on the Website.