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Data Protection & Privacy Policy
Last updated: October 2021

Please read the following Data Protection & Privacy Policy (Privacy Policy) before you use the NDoH Facility Complaints mobile application (the app).

  1. Introduction and legal basis
    1. The app is free and easy to use. The purpose of the app is to allow users to log complaints about public health facilities to the Ideal Health Facility information system. while providing strong protection for each user’s right to privacy as provided for in section 14(d) of the Constitution.
    2. This Privacy Policy explains the extent to which we collect information when you use the app. It also explains:
      1. How your information is used;
      2. Who your information is shared with;
      3. How your data is kept securely;
      4. The extent to which any personal information is transferred or stored.
    3. “Personal data” or “personal information” means all information relating to an identified or identifiable person.
    4. “Processing” means any operation with personal data, irrespective of the means applied and the procedure, and in particular the collection, storage, use, revision, disclosure, archiving, or destruction of data.
    5. The processing of personal data is governed by the Exposure Notification rules set out by Alphabet Inc. and Apple Inc.
    6. The provisions and safeguards in the Protection of Personal Information Act, 2013 (Act No. 4 of 2013) have been used as a benchmark for the protection of the right to privacy.
  2. Responsible Party
    1. The controller responsible for the data processing described herein is the:
      National Department of Health (NDoH)
      AB Xuma Building
      128 Voortrekker Rd
      Raslouw AH
      Pretoria
    2. The entire system for the app is under the direct control of the NDoH and is operated technically on its behalf, by ASG Solutions (PTY) LTD.
    3. Where the NDoH engages third parties to assist with providing this service, they have signed confidentiality agreements, undertaking contractually to comply with all requirements of regulation 8 of the Regulations Issued in Terms of Section 27(2) of the Disaster Management Act, 2002 as well as the provisions of the Terms and Conditions and Privacy Policy. The NDoH monitors their compliance with these legal requirements.
    4. ASG Solutions developed the app software on behalf of the NDoH and provides any necessary technical support services. ASG Solutions will periodically provide basic service volumes to the NDoH. This data is completely anonymized.
    5. All employees of the NDoH and ASG Solutions are bound by confidentiality in the management of data.
  3. 3. Collection and processing of personal data
    1. The purpose of the app is to allow users to log complaints about public health facilities to the Ideal Health Facility information system. Designated staff at the relevant provincial and district offices and facility will have access to the Ideal Health facility information system where complaints logged on the APP are stored to allow staff to manage the complaints according to the National guideline to manage complaints, compliments and suggestions. This aim is achieved in several ways:
      1. The processing of personal data is kept to the minimum required to resolve the complaints and the app does not collect location data via data location services.
  4. Operation of the app – how does it work?
    1. There are two main phases in the app’s process.
      1. Users log complaints against specific facilities. This information is pushed to the Ideal Health Facility information system.
      2. Users who create a profile on the system can track the progress of the complaint as it is processed by designated staff who has access to the Ideal Health Facility information system.
  5. Data transfer
    1. Complaint data is transferred to the Ideal Health Facility information system via an encrypted API.
    2. The app uses an interface to the operating system of the user’s mobile phone, which entails the processing of data by Apple or Google (a subsidiary of Alphabet Inc.).
    3. The operating system functions used via the interface comply with the Protection of Personal Information Act, 2013 (Act No. 4 of 2013). The NDoH makes sure that these requirements are complied with, in particular by obtaining appropriate assurances.
  6. How long will data be retained and when will it be destroyed?
    1. Because the data relates to formal complaints made to public health facilities, that data must be retained by the Ideal Health Facility information system. However, the app will retain the data so long as the user’s account is not deactivated.
  7. What security measures are in place to secure my data and keep my identity anonymous?
    1. Only state entities and their contracted development partner are allowed to control the app. The system is only permitted to be used logging and tracking complaints by the user.
    2. Nothing is done without your permission. In this regard:
      1. The app can also be deleted/uninstalled by the user at any time.
      2. This system does not collect location data from your device and does not share the identities of other users to each other, Google or Apple.
      3. The user controls all data they want to share, and the decision to share it.
    3. To protect data against unauthorised access, loss, or misuse the app makes use of a variety of sophisticated technical security measures (including, for instance, encryption; logging, access controls and restrictions). The NDoH and its partners also employ organisational strategies (including, for example, staff directives, confidentiality agreements, reasonably regular inspections) to ensure that all legal requirements have been, and are being, complied with.
    4. What security measures are in place? To protect data against unauthorized access, loss, or misuse, the NDoH, in collaboration with ASG Solutions and external hosting providers and other IT service providers, takes appropriate security measures of a technical (e.g. encryption, logging, access controls and restrictions, data backup, IT and network security solutions, etc.) and organisational nature (e.g. staff directives, confidentiality agreements, inspections, etc.) in accordance with South African data protection legislation and corporate policies where applicable.
  8. Rights of all app users
    1. In the event of alleged infringements of any data protection legislation in force in the Republic at the time of the alleged infringement, you can contact the competent data protection supervisory authority or take legal action in accordance with that data protection legislation.
    2. The ability to exercise your rights requires that you provide clear evidence of your identity (e.g., a copy of your identity documents). To assert your rights, you can contact the NDoH at the address given in Section 2.
    3. Other documents governing privacy and data protection

This Privacy Policy is not necessarily exhaustive. Specific matters may be governed by other data protection statements, similar documents, or terms and conditions of use. Where that is so, a link to any such documents will be made available to the user in the app.

Terms of Use
Last updated: October 2021

1. Scope and Purpose
  1. These Terms and Conditions govern the acquisition and use of the National Department of Health’s (the NDoH) application entitled “NDoH Facility Complaints App” (the app) by users and form an integral part thereof.
  2. The purpose of the app is allow users to log complaints about NDoH facilities to the Ideal Health Facility system. while providing strong protection for each user’s right to privacy as provided for in section 14(d) of the Constitution.
  3. The provisions and safeguards in the Protection of Personal Information Act, 2013 (Act No. 4 of 2013) have been used as a benchmark for the protection of the right to privacy.
  4. Important: please read these Terms and Conditions of use in conjunction with the Data Protection and Privacy Policy for the app. The Privacy Policy also governs and applies to your use of the app and is incorporated herein by this reference.
  5. As explained in detail in the Privacy Policy – your privacy is protected. The app is not capable of:
  6. The app does record the following information in an encrypted, anonymous and de-identified form:
    1. Your name and contact information;
    2. Others’ name and contact information that you enter; and
    3. The complaint information that you input.
  7. This data is shared to the Ideal Health Facilities System to log your complaint and to enable the facilities to address your complaint.
2. Conditions of access and use
  1. The installation of the app on a mobile phone and the employment thereof is entirely voluntary for users.
  2. The use of the app and its functions described in these terms and conditions is currently restricted to the territory of the Republic of South Africa.
  3. By accessing the app, the user declares that he or she has understood and accepted the following terms and conditions as well as those set out in the Privacy Policy. If the user does not agree to these conditions, then the app is not to be used.
3. How the app works
  1. Users log complaints against specific facilities. This information is pushed to the Ideal Health Facility application. 
  2. Users who create a profile on the system can track the progress of the complaint as it is processed.
4. Users’ duties of care
  1. Users are responsible for technical access to the app.
  2. Users are required to take reasonable security measures to protect their own devices against unauthorised access by third parties and against malware. These steps include, but are not limited to, having a passcode to open your device, and to practice caution when downloading software onto the device (i.e. always make sure it is from a trusted source).
  3. The user’s attention is hereby drawn to the security risks associated with use of the internet and of internet technologies.
  4. Users are required to keep the app updated. There is no entitlement to use a specific version of the software.
  5. Users are required to check any data they enter for completeness and correctness.
  6. When using the app, users are responsible for complying with any applicable legal provisions and these Terms and Conditions.
5. Liability and warranty
  1. While the NDoH and ASG Solutions (the developers) take every care to ensure the correctness of the information, content and communications published in the app, the developers make no warranty as to the correctness, accuracy, currency, reliability or completeness thereof.
  2. The developers expressly reserve the right, at any time, without prior notice, (partly or completely) to alter, delete, or refrain from publishing information and content.
  3. To the extent permitted by law, any claims for liability against the developers for damage, including material, immaterial or consequential damage arising from using the app are waived by the user. These include damage caused, for example: by access to, use or non-use of the app and the associated information, content and communications; from misuse of the connection, from technical faults; or from infringement of the user’s duties of care.
  4. The user is responsible for and assumes the risk of any action or behaviour undertaken on account of information, content or communications in the app, e.g. self-isolation/quarantine. To the extent permitted by law, the developers will not be liable under any circumstances for any resultant damage.
  5. The developers assume no responsibility and makes no warranty that the functions and use of the app will be permanently and continuously available and free of errors or faults, that errors will be rectified, or that the servers will be free of viruses or other harmful elements.
  6. The developers are entitled to interrupt or discontinue use of the app at any time.
  7. The app may contain links to other websites that are not operated by us. If you click on a third-party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit. We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.
6. Data protection
  1. Every person has the right to privacy and to be protected against misuse of their personal data. Personal data and information is only requested where necessary and is treated in strict confidence and in accordance with the Privacy Policy.
  2. In close collaboration with their service providers, the developers make every effort to protect data against unauthorised access, loss, misuse or falsification.
  3. The processing of personal data by the developers is governed by the app’s Privacy Policy.
7. Termination of use
  1. Use of the app can be terminated by the user at any time by deleting/uninstalling it from the mobile phone.
  2. The NDoH may terminate or deactivate the app at its discretion.
8. Copyright, property rights and rights of use
  1. Apple and Google have granted the NDoH a license to use Tools, API’s and Frameworks. Apple and Google retain all of the IP related to their software.
  2. All copyright in the app is held by the NDoH. All copyright for the implementation of the Google/Apple API are held by the NDoH.
  3. The information and content is made accessible to the public. The content published in the app by the developers is for personal use only. Any further reproduction or passing-on of content to third parties, without prior written permission, is not permissible. The downloading or copying of content, or other files does not result in any transfer of rights as regards the content.
  4. Copyright and any other rights relating to content, images, photos or other files in this app are held exclusively by the developers or the specially designated rights holders. For the reproduction of any elements whatsoever, written consent is to be obtained in advance from the copyright holders.
9. Final provisions
  1. Use of the app is free of charge for users. Any costs arising for network access to enable use of the app are borne by the user.
  2. The NDoH reserves the right to amend or add to these Terms and Conditions at any time. The new conditions will be communicated to users through the app.
  3. Should one provision of the Terms and Conditions be invalid or inoperative, the other provisions thereof shall not be affected.
  4. The parties agree that South African Law will apply to this Agreement (Terms and Conditions).
  5. The place of performance of the agreement is South Africa.