At Merkaba Healing Services, we are committed to protecting your privacy and to ensure that your personal information is collected and used properly, lawfully and transparently in compliance with the Protection of Personal Information Act.
This Notice explains how we obtain, use and disclose your personal information and aims to inform you of your rights and how to exercise them.
Who we are
In this notice, “we,” “us,” “The Company”, “Merkaba Healing Services”, or “MHS” is a direct reference to Merkaba Healing Services (Pty) Ltd, a privately-owned South African company.
THE INFORMATION WE COLLECT
We collect and process your personal information mainly to provide you with access to our services. In order for us to do this, you must provide us with the information that we request, failing which we cannot enter into a relationship with you.
The type of information we collect will depend on the purpose for which it is collected and used. We will only collect information that we need for that purpose.
We collect information directly from you where you provide us with your personal details, for example when making a booking for a service that MHS offers, consultations, treatments and when you submit enquiries to us or contact us.
We have a duty to take all reasonably practicable steps to ensure your personal information is complete, accurate, not misleading and updated on a regular basis. To enable this, we will always try to obtain personal information from you directly, and we shall appreciate it if you would keep your personal information up to date and accurate.
PURPOSES FOR WHICH WE USE YOUR INFORMATION
We will use your personal information only for the following purposes:
- consent to entering a therapeutic relationship
- For appointment reminders
- analysis of your health profile
- the rendering of medical treatment and provision of recommendations
- processing of medical aid claims with medical aid providers
- referrals to other registered medical professionals as well as for record-keeping and audit purposes as is required by the relevant laws and regulations.
Failing to do so, we will be unable to enter into a therapeutic relationship with you. We will only use your information for these intended purposes. Your personal information will only ever be collected from you directly via consultation, print or web forms, email or telephonically.
DISCLOSURE OF INFORMATION
We may only disclose your details where we are legally obligated to do so.
INFORMATION SECURITY
We are legally obliged to provide adequate protection for the personal information we hold and to stop unauthorised access and use of personal information. We will, on an ongoing basis, continue to review our security controls and related processes to ensure that your personal information is secure. Our security policies and procedures cover:
- Physical security
- Access to personal information
- Retention and disposal of information
- Acceptable usage of personal information
- Monitoring access and usage of personal information
- Investigating and reacting to security incidents
- Governance and regulatory issues
When we contract with third parties, we impose appropriate security, privacy and confidentiality obligations on them to ensure that personal information that we remain responsible for, is kept secure. MHS makes no representations or warranties about the privacy practices of any third party and does not accept any responsibility for the privacy practices of, or content displayed on third party websites. Third-party website providers are responsible for informing users about their own privacy.
YOUR RIGHTS
We will take all reasonable steps to confirm your identity when you exercise your rights.
Access to information
You have the right to request a copy of the personal information we hold about you. You may do so by contacting us at admin@merkabahealingservices.co.za
Objection to processing
In certain cases, you have the right to object to the processing of your personal information. If you want to object, please contact us at admin@merkabahealingservices.co.za
Correction of your information
You have the right to ask us to update or correct your personal information. You may do this by contacting us at admin@merkabahealingservices.co.za
Deletion of your information
You agree that we may keep your personal information until we destroy your information based on MHS’s destruction standards. You have the right to ask for deletion or destruction of your personal information – we will do that unless the law requires us to keep it or if we need it for legitimate business purposes.
CHANGES TO THIS NOTICE
Please note that we may amend this Notice from time to time. Please check this website periodically to inform yourself of any changes.
HOW TO CONTACT US
If you have questions about this Notice or believe we have not adhered to it, or need further information about our privacy practices, please contact us at admin@merkabahealingservices.co.za
INFORMATION REGULATOR
You have the right to complain to the Information Regulator, whose contact details are:
General enquiries: enquiries@inforegulator.org.za
Complaints: POPIAComplaints@inforegulator.org.za
PAIA MANUAL
Prepared in terms of section 51 of the Promotion of Access to Information Act 2 of 2000 (as amended)
- LIST OF ACRONYMS AND ABBREVIATIONS
1.1 “CEO” Chief Executive Officer
1.2 “DIO” Deputy Information Officer;
1.3 “IO“ Information Officer;
1.4 “Minister” Minister of Justice and Correctional Services;
1.5 “PAIA” Promotion of Access to Information Act No. 2 of 2000( as Amended;
1.6 “POPIA” Protection of Personal Information Act No.4 of 2013;
1.7 “Regulator” Information Regulator; and
1.8 “Republic” Republic of South Africa
- PURPOSE OF PAIA MANUAL
This PAIA Manual is useful for the public to-
2.1 check the categories of records held by a body which are available without a person having to submit a formal PAIA request;
2.2 have a sufficient understanding of how to make a request for access to a record of the body, by providing a description of the subjects on which the body holds records and the categories of records held on each subject;
2.3 know the description of the records of the body which are available in accordance with any other legislation;
2.4 access all the relevant contact details of the Information Officer and Deputy Information Officer who will assist the public with the records they intend to access;
2.5 know the description of the guide on how to use PAIA, as updated by the Regulator and how to obtain access to it;
2.6 know if the body will process personal information, the purpose of processing of personal information and the description of the categories of data subjects and of the information or categories of information relating thereto;
2.7 know the description of the categories of data subjects and of the information or categories of information relating thereto;
2.8 know the recipients or categories of recipients to whom the personal information may be supplied;
2.9 know if the body has planned to transfer or process personal information outside the Republic of South Africa and the recipients or categories of recipients to whom the personal information may be supplied; and
2.10 know whether the body has appropriate security measures to ensure the confidentiality, integrity and availability of the personal information which is to be processed.
- KEY CONTACT DETAILS FOR ACCESS TO INFORMATION OF HARMONY HEALTH AND HEALING (PTY) LTD
3.1. Chief Information Officer
Name: Miska Jamal
Tel: 064 073 8253
Email: admin@merkabahealingservices.co.za
Fax number: N/A
3.3 Access to information general contacts
Email: admin@merkabahealingservices.co.za
3.4 National or Head Office
Postal Address: 20 Century Way, Century City, 7441, Cape TownPhysical Address: 20 Century Way, Century City, 7441, Cape Town
Telephone: 064 073 8253
Email: admin@merkabahealingservices.co.za
Website: www.merkabahealingservices.co.za
- GUIDE ON HOW TO USE PAIA AND HOW TO OBTAIN ACCESS TO THE GUIDE
4.1. The Regulator has, in terms of section 10(1) of PAIA, as amended, updated and made available the revised Guide on how to use PAIA (“Guide”), in an easily comprehensible form and manner, as may reasonably be required by a person who wishes to exercise any right contemplated in PAIA and POPIA.
4.2. The Guide is available in each of the official languages and in braille.
4.3. The aforesaid Guide contains the description of-
4.3.1. the objects of PAIA and POPIA;
4.3.2. the postal and street address, phone and fax number and, if available, electronic mail address of-
4.3.2.1. the Information Officer of every public body, and
4.3.2.2. every Deputy Information Officer of every public and private body designated in terms of section 17(1) of PAIA1 and section 56 of POPIA2;
4.3.3. the manner and form of a request for-
4.3.3.1. access to a record of a public body contemplated in section 113; and
4.3.3.2. access to a record of a private body contemplated in section 504;
4.3.4. the assistance available from the IO of a public body in terms of PAIA and POPIA;
4.3.5. the assistance available from the Regulator in terms of PAIA and POPIA;
4.3.6. all remedies in law available regarding an act or failure to act in respect of a right or duty conferred or imposed by PAIA and POPIA, including the manner of lodging-
1 Section 17(1) of PAIA- For the purposes of PAIA, each public body must, subject to legislation governing the employment of personnel of the public body concerned, designate such number of persons as deputy information officers as are necessary to render the public body as accessible as reasonably possible for requesters of its records.
2 Section 56(a) of POPIA- Each public and private body must make provision, in the manner prescribed in section 17 of the Promotion of Access to Information Act, with the necessary changes, for the designation of such a number of persons, if any, as deputy information officers as is necessary to perform the duties and responsibilities as set out in section 55(1) of POPIA.
3 Section 11(1) of PAIA- A requester must be given access to a record of a public body if that requester complies with all the procedural requirements in PAIA relating to a request for access to that record; and access to that record is not refused in terms of any ground for refusal contemplated in Chapter 4 of this Part.
4 Section 50(1) of PAIA- A requester must be given access to any record of a private body if-
a) that record is required for the exercise or protection of any rights;
b) that person complies with the procedural requirements in PAIA relating to a request for access to that record; and
c) access to that record is not refused in terms of any ground for refusal contemplated in Chapter 4 of this Part.
4.3.6.1. an internal appeal;
4.3.6.2. a complaint to the Regulator; and
4.3.6.3. an application with a court against a decision by the information officer of a public body, a decision on internal appeal or a decision by the Regulator or a decision of the head of a private body;
4.3.7. the provisions of sections 145 and 516 requiring a public body and private body, respectively, to compile a manual, and how to obtain access to a manual;
4.3.8. the provisions of sections 157 and 528 providing for the voluntary disclosure of categories of records by a public body and private body, respectively;
4.3.9. the notices issued in terms of sections 229 and 5410 regarding fees to be paid in relation to requests for access; and
4.3.10. the regulations made in terms of section 9211.
5 Section 14(1) of PAIA- The information officer of a public body must, in at least three official languages, make available a manual containing information listed in paragraph 4 above.
6 Section 51(1) of PAIA- The head of a private body must make available a manual containing the description of the information listed in paragraph 4 above.
7 Section 15(1) of PAIA- The information officer of a public body, must make available in the prescribed manner a description of the categories of records of the public body that are automatically available without a person having to request access
8 Section 52(1) of PAIA- The head of a private body may, on a voluntary basis, make available in the prescribed manner a description of the categories of records of the private body that are automatically available without a person having to request access
9 Section 22(1) of PAIA- The information officer of a public body to whom a request for access is made, must by notice require the requester to pay the prescribed request fee (if any), before further processing the request.
10 Section 54(1) of PAIA- The head of a private body to whom a request for access is made must by notice require the requester to pay the prescribed request fee (if any), before further processing the request.
11 Section 92(1) of PAIA provides that –“The Minister may, by notice in the Gazette, make regulations regarding-
(a) any matter which is required or permitted by this Act to be prescribed;
(b) any matter relating to the fees contemplated in sections 22 and 54;
(c) any notice required by this Act;
(d) uniform criteria to be applied by the information officer of a public body when deciding which categories of records are to be made available in terms of section 15; and
(e) any administrative or procedural matter necessary to give effect to the provisions of this Act.”
4.4. Members of the public can inspect or make copies of the Guide from the offices of the public and private bodies, including the office of the Regulator, during normal working hours.
4.5. The Guide can also be obtained-
4.5.1. upon request to the Information Officer;
4.5.2. from the website of the Regulator (https://www.justice.gov.za/inforeg/).
4.6 A copy of the Guide is also available in the following two official languages, for public inspection during normal office hours-
4.6.1 English and Afrikaans
- CATEGORIES OF RECORDS OF HARMONY HEALTH AND HEALING (PTY) LTD WHICH ARE AVAILABLE WITHOUT A PERSON HAVING TO REQUEST ACCESS
| Category of records | Types of the Record | Availability |
| Company document | Memorandum of Incorporation (MOI) | Available upon request |
| Company document | Product information | Available on Website |
- DESCRIPTION OF THE RECORDS OF HARMONY HEALTH AND HEALING (PTY) LTD WHICH ARE AVAILABLE IN ACCORDANCE WITH ANY OTHER LEGISLATION
| Category of Records | Applicable Legislation |
| Memorandum of incorporation | Companies Act 71 of 2008 |
| PAIA Manual | Promotion of Access to Information Act 2 of 2000 |
| Contract and Terms and Conditions | Regulations in terms of the Allied Health Professions Act 63 of 1982 |
- DESCRIPTION OF THE SUBJECTS ON WHICH THE BODY HOLDS RECORDS AND CATEGORIES OF RECORDS HELD ON EACH SUBJECT BY HARMONY HEALTH AND HEALING (PTY) LTD
| Subjects on which the body holds records | Categories of records |
| Clients/Patients | Contracts with terms and conditions including personal Information, special personal information, contact information |
- PROCESSING OF PERSONAL INFORMATION
8.1 Purpose of Processing Personal Information
| Purpose for processing | |
| Compliance with Legislation | Patient/Client Assessment |
| Provision of Products and Services | Operations/Referrals |
| Record Keeping | Legal Proceedings |
| Market Research |
8.2 Description of the categories of Data Subjects and of the information or categories of information relating thereto
| Categories of Data Subjects | Personal Information that may be processed |
| Customers / Clients | name, address, date of birth, special information, occupation, contact details, marital status, medical particulars |
| Service Providers | bank details |
8.3 The recipients or categories of recipients to whom the personal information may be supplied
| Category of personal information | Recipients or Categories of Recipients to whom the personal information may be supplied |
| Name, date of birth, address | South African Police Services |
8.4 Planned transborder flows of personal information
There are no planned transborder flows of personal information. The personal information of data subjects will not be shared with third parties in other countries unless consent has first been obtained.
8.5 General description of Information Security Measures to be implemented by the responsible party to ensure the confidentiality, integrity and availability of the information.
Information is one of our most valuable assets. Safeguarding and preserving the confidentiality, integrity, and availability of our customer information is imperative to our operations and treated as critical to our business strategy. Appropriate access, modification, deletion of information is restricted to the information officer and includes password protection measures.
- AVAILABILITY OF THE MANUAL
9.1 A copy of the Manual is available-
9.1.1 on www.merkabahealingservices.co.za if any;
9.1.2 head office of Harmony Health and Healing (Pty) Ltd for public inspection during normal business hours;
9.1.3 to any person upon request and upon the payment of a reasonable prescribed fee; and
9.1.4 to the Information Regulator upon request.
9.2 A fee for a copy of the Manual, as contemplated in annexure B of the Regulations, shall be payable per each A4-size photocopy made.
- UPDATING OF THE MANUAL
The head of Harmony Health and Healing (Pty) Ltd will on a regular basis update this manual.
Issued by
Miska Jamal
Chief Executive Officer