Introduction

GENIE Health South Africa (Pty) Ltd (“Genie”) takes your privacy seriously. This Privacy Policy describes our practices for collecting, storing, and processing the personal information of users of our Services in South Africa.

Please read the following carefully to understand our practice regarding your Personal Information, how we will treat it and your rights in relation to that information. By providing your Personal Information to us or by using our services, website or other online or digital platform(s) or verbally, you are accepting or consenting to the practices as described or referred to in this privacy policy.

When we refer to ‘we’, ‘us’ or ‘our’ we mean Genie Health South Africa (Pty) Ltd and its subsidiaries.

We offer a digital platform, app, website, and services under license, to enable virtual services by connecting our users to physiotherapists, biokineticists, and/or other professionals. We do this through our websites, including, but not limited to, Genie, and their related sites, (the “Sites”), the GENIE mobile applications, the biofeedback technology, and other electronic means such as video conferencing, chat, phone, and surveys (together, the “Services”). The Services are owned by GENIE and its affiliates.

GENIE provides the Services through which you can access telehealth, musculoskeletal care, and other wellness services provided by a professional (“Clinical Services”). GENIE does not provide Clinical Services. GENIE contracts with separate entities professional practices, companies and individuals) to engage independent physiotherapists and biokineticists (each a “Professional” or together, the “Professionals”) to provide Clinical Services to you.

Some of the information we collect relating to the Clinical Services may be Confidential Health Information (“CHI”) under the National Health Act 61 of 2003 (“NHA”), such as your medical records that we receive from your healthcare provider. CHI is covered by a separate policy contained within this broader policy. The NHA and Protection of Personal Information Act (“POPIA”) describes how GENIE uses and shares CHI and contains more information about your rights under the NHA and POPIA. This Privacy Policy may provide additional detail on how CHI is collected, processed, or stored, but if there is a conflict between this Privacy Policy and the NHA and POPIA with respect to CHI, the NHA and POPIA (which ever gives you better protection) will apply.

We encourage you to read the NHA and POPIA carefully. If you have any questions about this policy or our practices, please send an email to support@geniesa.health. Please note, capitalized terms used in this Privacy Policy but not defined here have the definition given to them in the GENIE Terms and Conditions.

 Personal Information We Collect

We may collect information that identifies, relates to, describes, is reasonably capable of being associated with, or could be reasonably linked, directly or indirectly, with a particular user or household (“Personal Information”) as further described in the following categories below. We collect Personal Information from you, from your use of the Services, when you visit the Sites or use the App, and from certain third-party sources. By using the Services, and visiting the Sites, and using the App, you agree that we can collect and use your Personal Information as described in this Privacy Policy.

 Information You Provide to Us

GENIE collects information that you provide to us, including when you enrol, give updates about your condition, respond to a survey, or contact us. Some examples of this information include:

  • Contact or other Identifying Information, such as your name, address, email address, telephone number, username and password;
  • Professional or employment-related information, such as the name of your employer, company, and other professional or employment information you provide to us;
  • Mental and physical condition information, such as height, weight, general health, feelings of pain and fatigue, exercise patterns, personal motivations, information about pregnancies and childbirth, and feelings of anxiety or depression;
  • Medical information such as current or former injuries, medical diagnoses, and whether you are cleared by a physician to exercise, as well as medical scheme or other payor information; and
  • Communications with GENIE, including with the Professionals or third-party partner organisations.


Information Collected While Using Our Services

Genie may also collect certain information when you access, browse, and use our Services. This information is generated by the computer, tablet, mobile app, or electronic sensors used in the Services. Some examples include:

  • Internet and other electronic activity data, such as the name of the domain and host from which you access the internet; the browser software you use and your operating system; the date and time you access the service; how often you access the Services, and the internet address of the website from which you directly linked to GENIE;
  • Log and Troubleshooting Information: We collect information about how our Services are performing when you use them, like service-related diagnostic and performance information. This information includes log files, timestamps, diagnostic or crash data, website/app performance logs and error messages or reports.
  • Identifiers or Geolocation data, such as Internet Protocol (IP) address;
  • Exercise data, the type and order of exercises, number of repetitions, duration, manner, and individual performance including range of motion, movement errors, and compliance with the assignment movement; and
  • Data from Tracking Technologies, such as information from cookies, web beacons, tags, or other tracking technologies, as further described below.
  • **Genie will not record video or audio of your sessions without explicit consent from you prior to each recording. Any recording will be handled in accordance with this Privacy Policy and the NHA.


Information Collected from Other Sources

In connection with your use of the Services, we may combine or compare data we have collected from you with information collected from a third party. Some examples of information we may receive from a third party include:

  • Eligibility Information: If you are participating in a program sponsored by your employer, medical scheme, or healthcare provider, information contained in an eligibility file such as whether you are enrolled in the plan, your name, email, and some related health information;
  • Information We Obtain from Your Health Care Providers and Other Sources: In connection with your treatment, we may collect medical records from your past, current, and future health care providers. This may include past or present diagnoses, previous treatments, general health, test results and reports, any family history of illness, and records of communications related to your health; and
  • Information Collected from Third Parties: We may collect information available about you from third party service providers to improve the Services, such as identifying health factors related to your treatment to better tailor the Services to you.


How We Use and Share Personal Information

Use of Personal Information

We may use the Personal Information we collect for one or more of the following business purposes:

  • To provide, personalize, improve, update, and expand our Services, including:
    • For product testing and development, data analysis, and survey purposes; and,
    • For scientific, statistical, and historical research;
  • To communicate with you about the Services, including:
    • To respond to your inquiries and concerns;
    • Provide you with information or request action in response to technical, security and other operational issues; or
    • To follow-up with you regarding your enrolment process.
  • To create de-identified information (for example, aggregated statistics) related to the use of the Services or for scientific research;
  • To comply with laws and regulations, including to respond to law enforcement or a government request(s) as required by applicable law, court order, or governmental regulations and to monitor our compliance with those obligations;
  • To protect the integrity and maintain the security of our Services;
  • To enforce our Terms and Conditions; and
  • For any other purpose for which you may provide consent or as disclosed to you when you provide information to us.

When we use the term “de-identified information,” we mean information that is neither used, nor intended to be used, to identify an individual. We may use de-identified information without restriction and may share it with unaffiliated third parties.

Sharing Personal Information

GENIE does not share your Personal Information with third parties except as described in this Privacy Policy, the NHA, POPI Act or with your additional consent (if required).

GENIE may share Personal Information with the following categories of third parties for the following purposes:

  • Service Providers: We may share your Personal Information with service providers, such as contractors and other third parties we use to support our organization and provide us with services. These companies are subject to contractual obligations governing privacy, data security, and confidentiality consistent with applicable laws. These companies include our cloud services infrastructure providers, vendors that assist us in marketing and consumer research analytics, fraud prevention, security, communications infrastructure providers, vendors that help us provide some support functions, like phone support or survey tools, and third-party partners for analytics and advertising purposes;
  • Corporate Affiliates: We may share your Personal Information with our subsidiaries, affiliates, and associated organizations;
  • Research Partners: We may share your Personal Information with research partners if you provide us with your express consent or if otherwise permitted by law. Research partners include commercial or non-profit organizations that conduct or support scientific research, the development of therapeutics, medical devices or related material to treat, diagnose, or predict health conditions. In some circumstances, a research partner or GENIE may have a financial interest in the research arrangement.
  • Health Care Providers, Health Plans, and Similar Organizations: Personal Information that we create or obtain about you may be shared with health care providers, health plans, medical schemes, medical scheme administrators, managed care organisations or other similar health care organizations as permitted by law or pursuant to your consent.
  • Law Enforcement, Government Agencies or Other Third Parties: From time to time, we may be required to provide Personal Information to a third party in order to comply with a subpoena, court order, government investigation, or other similar legal process. If we disclose your Personal Information in this way, we will reasonably attempt to provide you with advance notice, unless we are prohibited from doing so. We may share your Personal Information if we believe it is reasonably necessary to:
    • Comply with valid legal process (e.g., subpoenas, warrants);
    • Respond to a government request;
    • Enforce or apply the GENIE Terms and Conditions;
    • Investigate fraud;
    • Protect the security or integrity of the Services;
    • Protect the rights, property, or safety of GENIE, our employees, members, or users; or
    • At your direction or with your permission.
  • Corporate Transaction: If we are involved in a bankruptcy, merger, acquisition, reorganization, or sale of all or a portion of our assets, we may share or transfer your Personal Information as part of such corporate transaction.
  • Genie will not disclose/share any information obtained through the short code program to third parties for their own marketing purposes.


Retention of Personal Information

GENIE will retain the Personal Information you provide while creating your account and your profile until such time as you delete your account, or you request deletion provided you are entitled to request deletion under applicable law. Any clinical records created as a result of your use of the Services will be securely maintained by GENIE for a period that is no less than the minimum number of years such records are required to be maintained under applicable law. GENIE may also retain certain information as reasonably necessary to comply with our legal obligations (including law enforcement requests), resolve disputes, maintain security, prevent fraud and abuse, as well as to comply with tax, securities, and regulatory compliance requirements. Genie does not store information created and contained within an associated Practice Management System.  Any information that has been stored as a diary and sent to a Medical Scheme as a claim will be stored on our affiliate provider Practice Management systems and will be stored under its own terms and conditions and privacy standards (not to be any less than what is discussed here).

How to Review, Modify, and Delete Personal Information

Some applicable laws provide individuals with specific privacy rights, and you may have certain privacy rights with respect to the Personal Information we collect and maintain about you, such as the following:

 Right to Know/Access

You may have a right to request access to your Personal Information and to be provided with a copy of certain information in a readily useable format, including:

  • The categories of Personal Information we collected about you;
  • The categories of sources from which we have collected your Personal Information;
  • Our business or commercial purpose for collecting or selling that Personal Information;
  • The categories of your Personal Information that we have shared with third parties;
  • The categories of third parties with whom we share your Personal Information; or,
  • The specific pieces of Personal Information we collected about you.

 

Right to Modify

You may have the right to request that we modify the Personal Information we have collected and maintain about you. To request to modify your Personal Information, email us at support@geniesa.health. We may request additional information from you in order to verify your identity and update your Personal Information per your request.

Right to Request Deletion

You may have the right to request that we delete the Personal Information that we have collected and maintain about you subject to applicable law. We may deny your request under certain circumstances, such as if we need your Personal Information to respond to your inquiries. If we deny your request for deletion, we will let you know the reason why. There may be some latency in deleting your Personal Information from our backup systems after it has been deleted from our primary production and development systems.

How to Exercise Your Privacy Rights

If applicable, you may exercise your right to know/access and your right to request deletion twice a year free of charge. To exercise your rights to know/access and request deletion, please contact us at support@geniesa.health. We will take steps to verify your identity before processing your request. We will not fulfil your request unless you have provided sufficient information for us to reasonably verify that you are the individual about whom we collected Personal Information. When submitting your request, please provide us with your name and contact information for purposes of enabling us to begin verifying your identity. We may request additional information about you if needed to verify your identity. Unless you have previously provided us your Personal Information for another purpose, we will only use the Personal Information provided in the verification process to verify your identity or authority to make a request, and to track and document your request to meet our obligations. We do not discriminate against individuals for exercising any of the above privacy rights. These rights may not be available to you and certain exceptions and exemptions may apply that will limit your ability to exercise these rights.

Authorized Agents: If required under applicable law, you may use an authorized agent to submit a request to know/access or a request to delete on your behalf. Even if you use an authorized agent, you will still need to communicate directly with GENIE to verify your identity and address. We require that your agent provide us with a signed document from you that authorizes your agent to make the request on your behalf. To protect your Personal Information, we reserve the right to contact you directly if we have any questions or concerns about the request from your agent.

How We Protect Personal Information

We take great care to protect the Personal Information we maintain about you. GENIE has a broad information security program designed to protect your Personal Information using administrative, physical, and technical safeguards. We have measures in place to protect against inappropriate access, loss, misuse, or alteration of Personal Information under our control. For example, Personal Information is stored on encrypted servers. While we strive to protect your Personal Information, we cannot guarantee the security of information you provide to us. This is especially true for information you transmit to us via email because email may not have the security features that are commonly built into websites. To the fullest extent permitted by applicable law, we do not accept liability for unintentional disclosure of your Personal Information. Additionally, please be aware that we have no control over the information collected by your internet service provider or information that you disclose over a public network. We are not responsible for any information collected by third parties not within our control or how such information is used or maintained.

Tracking Technologies

We may use technologies such as cookies, web beacons or pixels, tags, scripts, and other storage technologies (collectively “Tracking Technologies”) to collect or receive information on the Sites. These Tracking Technologies may help us save your preferences, understand how you navigate through the Sites, and improve your experience.

Cookies and Other Tracking Technologies

Cookies are small data files that we transfer to your device to collect information about your use of the Sites. Cookies can be recognized by the website that downloaded them or other websites that use the same cookies. This helps websites know if your browsing device has visited them before. We may use both first-party and third-party cookies on the Sites for the following purposes: to make the Sites function properly, to improve the Sites, to track your interaction with the Sites, to enhance your experience with the Sites, to remember information you have already provided, to collect information about your activities over time and across third party websites or other online services in order to deliver content tailored to your interests; and to provide a secure browsing experience during your use of the Sites. The length of time a cookie will stay on your browsing device depends on whether the cookie is a “persistent” or “session” cookie. Session cookies will only stay on your device until you stop browsing. Persistent cookies stay on your browsing device until they expire or are deleted. The following types of cookies may be used on the Sites:

  • Strictly Necessary Cookies. These cookies are essential because they enable you to use the Sites. For example, strictly necessary cookies allow you to access secure areas of the Sites and for us to provide the Sites. These cookies do not gather information about you for marketing purposes. This category of cookies would be essential for the Sites to work, and they cannot be disabled.
  • Functional or Preference Cookies. We may use functional cookies to remember your choices so we can tailor the Sites to provide you with enhanced features and personalized content. For example, these cookies can be used to remember your name or preferences on the Sites. We would not use functional cookies to target you with online marketing. While these cookies can be disabled, this may result in less functionality during your use of the Sites.
  • Performance or Analytic Cookies. These cookies collect passive information about how you use the Sites, including webpages you visit and links you click. We would use the information collected by such cookies to improve and optimize the Sites. We would not use these cookies to target you with online marketing. You would be able to disable these cookies.
  • Targeting or Advertising Cookies. These cookies are used to drive online advertising that is relevant to you by building up a picture of what you are interested in from your use of the internet. The cookies can limit the number of times you see an advert and help to measure the effectiveness of any advertising. They remember that you have visited a website, and this information may be shared with other organizations or advertisers. We may use these cookies in limited circumstances associated with our public-facing sites.


We may also use tracking technologies to collect “clickstream” data, such as the domain name of the service providing you with Internet access, your device type, IP address used to connect your computer to the Internet, your browser type and version, operating system and platform, the average time spent on the Sites, web pages viewed, content searched for, access times and other relevant statistics, and assign unique identifiers to the device or other credentials you use to access the Sites for the same purposes. Pages of the Sites and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

Managing Your Tracking Technology Preferences

When viewing the Sites, you can accept or reject the use of cookies. In addition, many browsers allow you to manage your cookie preferences at the individual browser level. You can set your browser to reject and/or delete some or all cookies. If you reject or delete cookies, please be aware that you may not be able to use some or all portions or functionalities of the Sites.

Do Not Track. Some Internet browsers (e.g., Internet Explorer, Mozilla Firefox, and Safari) include the ability to transmit “Do Not Track” or “DNT” signals. Since uniform standards for “DNT” signals have not been adopted, the Sites currently do not process or respond to “DNT” signals.

Location Information. You may be able to adjust the settings of your device so that information about your physical location is not sent to us or third parties by: (a) disabling location services within the device settings; or (b) denying certain websites or mobile applications permission to access location information by changing the relevant preferences and permissions in your mobile device or browser settings. Please note that your location may be derived from your Wi-Fi, Bluetooth, and other device settings. Please see your device settings for more information.

Analytics Tools. We may use tools such as Google Analytics, Facebook, and LinkedIn to help analyse how individuals use the Sites. Such third parties may use cookies, APIs, and SDKs on our Sites to enable them to collect and analyse user and device related data and information on our behalf. These tools use cookies to collect information such as how often users visit the Sites, what pages they visit, and what other websites they used prior to coming to the Sites. We use the information we get to improve our Sites and to tailor the Sites to you.

  • We may use Google Analytics to obtain information about your visits to the Sites. Google’s ability to use and share information collected by Google Analytics about your visits to the Sites is restricted by Google Analytics Terms of Service and the Google Privacy Policy. You may prevent your data from being used by Google Analytics by downloading and installing the Google Analytics Opt-out Browser Add-on .
  • Our Sites may utilize the Conversion Tracking Pixel service of Meta Platforms. This tool allows us to follow the actions of users after they click on a Facebook advertisement and allows us to record the efficacy of Facebook advertisements for statistical and market research purposes. The collected data remains deidentified which means we cannot see the personal data of any individual user. However, the collected data is saved and processed by Facebook and Facebook may be able to connect the data with your Facebook account and use the data for their own advertising purposes in accordance with Facebook’s Data Use Policy. Facebook Conversion Tracking also allows Facebook, and its partners, to show you advertisements on and outside Facebook. You can manage your preferences regarding how Facebook uses your data through your Facebook account settings.


Children’s Information

As we are committed to protecting the privacy of children, we do not collect Personal Information directly from anyone who is, to our knowledge, under the age of 18. If you are under the age of 18, please do not provide any Personal Information to us through the Sites or Services. If you become aware that an individual under age 18 has provided Personal Information directly to us, please contact us as described in the “Contact Us” section, so that we can delete the information.

External Websites

The Sites may contain links to other websites, including, but not limited to, investor relations sites, job applicant information gathering, assessment, and testing sites. These third-party sites have their own privacy practices and measures to secure and protect your information. This Privacy Policy does not apply to any third-party sites. We encourage you to review the privacy policy of any other third-party website you may visit.

Changes to This Privacy Policy

This Privacy Policy is effective as of the date stated at the bottom of this Privacy Policy. We may change this Privacy Policy from time to time. Please be aware that, to the extent permitted by applicable law, our use of your information is governed by the Privacy Policy in effect at the time we collect the information. If you visit the Sites or use the Services after a change to this Privacy Policy is posted on the Sites, you will be bound by such change.

Notice of Privacy Practices Specific to CHI

THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.

Our Responsibilities

As part of your use of the Services, we will receive, create, use, and disclose certain medical information about you, which is designated as “Confidential Health Information” or “CHI” and is subject to the privacy and security requirements of the National Health Act 61 of 2003 (“NHA”) and POPIA. For a description of how we collect, use, and disclose your personal information that is not CHI, please refer to our Terms and Conditions.

We are required by law to maintain the privacy and security of your CHI, which we do through reasonable administrative, physical, and technical means. Additionally, we:

  • Are required to provide you with this Notice and must allow you to download a copy of it.
  • May only use and disclose your CHI as described in this Notice, unless you tell us in writing.
  • Will let you know promptly if a breach occurs that may have compromised your CHI.


Our Uses and Disclosures

As part of the Services that we provide to you, we may need to use and disclose your CHI for the reasons listed below, which may be done without your explicit authorization as permitted by law. While each use and disclosure listed below includes examples, the uses and disclosures listed are not exhaustive.

Payment

We may use or disclose your CHI for our payment activities or the payment activities of your health plan. For example, we might submit a claim or invoice to your health plan or other third party that is responsible for paying for the Services on your behalf.

Treatment

As part of the Services, we may receive lab results, clinician notes, sensor readings, and other information related to your health condition. We will use this information to provide Services to you and we may disclose this CHI to your care team or other third-party healthcare professional for their treatment of your condition.

Healthcare Operations

Your CHI may be used to run our business. This includes improving the Services, training staff, quality assessment and improvement, contacting you about the Services, and customer service. We may disclose your CHI to a third party for their healthcare operations only if they have or had an existing relationship with you. We may de-identify or aggregate your CHI as part of these operations, at which point this Notice will no longer apply.

We may engage third parties to assist with our activities described above. If this is the case, then we will require an agreement with the third party that protects the privacy and security of your CHI.

Other Uses and Disclosures

Under certain circumstances, we are required or permitted by law to disclose your CHI without your authorization. These include:

  • For public health activities such as reporting certain diseases, including notifiable diseases
  • To protect victims of abuse or neglect, such as child abuse and elder neglect
  • For judicial and administrative proceedings such as responding to subpoenas
  • For workers compensation claims
  • To prevent or lessen a serious and imminent threat of harm to a person or the public
  • When required by law or for law enforcement purposes
  • For state and health oversight activities such as physician licensing and disciplinary action, including but not limited to that of regulators and statutory bodies, like the Health Professions Council of South Africa, Allied Health Professions Council of South Africa, etc.
  • To coroners, medical examiners, and funeral directors in limited circumstances
  • For organ donation and transplantation
  • For research approved by an institutional review board
  • For specialized government functions such as national security
  • For other uses and disclosures, we may need your written authorization.

 

Notice Regarding Technology

We may use electronic software, services, and equipment, including without limitation email, video conferencing technology, cloud storage and servers, internet communication, cellular network, voicemail, facsimile, electronic health record, and related technology to share your CHI as described herein. Certain aspects of those transfers may not be encrypted or confidential. We take measures to safeguard the data transmitted, as well as ensure its integrity against intentional or unintentional breach or corruption. However, occasionally security protocols could fail. In the event that happens, we will take immediate steps to prevent further breach of information and promptly notify you if your information is impacted.

 

Your Choices About Uses and Disclosures

You have both the right and the choice to tell us to:

  • Disclose your CHI to your family, close friends, or others involved in your care.
  • Disclose CHI in a disaster relief situation.

If you are not able to tell us your preference, for example if you are unconscious, we may go ahead and share your CHI if we believe it is in your best interest. We may also share your CHI when needed to lessen a serious and imminent threat to health or safety.

Unless you give us written authorization, we will never:

  • Use your CHI for marketing purposes, although we may use your CHI to keep you informed of other services and products that are relevant to your condition.
  • Sell your CHI.

Any other uses and disclosures that are not described in this Notice require your written authorization. When you give us written authorization to use or disclose your CHI, you can revoke that authorization at any time. However, prior uses and disclosures will not be affected.

Your Rights

When it comes to your CHI, you have certain rights. This section explains your rights and some of our responsibilities to help you. Your authorized representative, such as a medical power of attorney or legal guardian, may also be able to exercise these rights for you. To exercise any of these rights, please contact us using the available methods described in the Contact Information and Complaints section below.

Right to Access CHI

You may inspect and copy certain portions of your CHI. You may request that we provide your health records to you in an electronic format. Under certain circumstances, we may deny your request for your CHI. If we deny your request, we will provide you with a written explanation regarding the denial.

Right to Amend Your CHI

You have the right to request we amend your CHI if you feel it is incorrect or incomplete. However, under certain circumstances we may deny your request. If we deny your request, we will provide you with a written explanation regarding the denial.

Right to An Accounting of Disclosures

You have the right to receive an accounting of certain disclosures of your CHI made for the prior six (6) years, although this excludes disclosures for treatment, payment, and health care operations, disclosures made that were authorized by you, and certain other disclosures. If you request an accounting more than once during a twelve (12) month period, we may charge you a reasonable fee for the accounting statement.

Right to Request Additional Restrictions

You have the right to request that we restrict how we use or disclose your CHI. However, we are not required to agree with your requests, unless you request that we restrict information provided to your health plan, the disclosure would be for the health plan’s payment or healthcare operations, and you have paid for the health care services completely by yourself.

Right to Receive Alternative Communications

You have the right to request that we communicate with you at a specific telephone number, postal, or email address. We are not required to agree to your request, but we will reasonably accommodate any such request.

Right to Receive a Paper Copy of this Privacy Notice

Upon request, you have the right to obtain a paper copy of this notice even if you have elected to receive it electronically.

To exercise any of these rights, please contact us using the available methods described in the Contact Information and Complaints section below.

Contact Information and Complaints

If you have any questions about this Notice, to receive a copy of this Notice, to exercise your rights under this Notice, or to file a complaint about GENIE’s handling of your CHI, you can contact GENIE’s Privacy Office using the information below.

By writing to:

GENIE Health South Africa

ATTN: Privacy Office

17 Midas Avenue

Olympus

Pretoria

0081

Or by sending an email to: support@geniesa.health

Additionally, you may also file a complaint with the Health Professions Council of South Africa by visiting or by sending a letter to:

553 Madiba Street

Arcadia

Pretoria

0002

Additionally, you may also file a complaint with the Information Regulator of South Africa by visiting or by sending a letter to:

27 Stiemens Street

Braamfontein

Pretoria

0001

Changes and Effective Date

We reserve the right to change this Notice and our privacy practices with respect to your CHI at any time. If we make changes, we may make the new terms effective for all CHI that we maintain, including any CHI created or received prior to issuing the new notice. If we change this Notice, we will post our revised Notice of Privacy Practices on our website, within our app, or we may mail or email it to you.

Clinical Consent - Enhanced Spinal Conservative Care Pilot Programme

This consent applies to the practices of Buhrs Physiotherapist Inc & Herbst JA Biokineticist Inc

Please read these terms and conditions carefully, as they are important in clarifying and managing expectations and form the basis of your consent to treatment. If you have any questions, please contact your administrator or healthcare practitioner through the App, who will assist you with your query.

Online Exercise Programme

  1. The progress of your physical recovery will be monitored through the App. You will first be assessed by a physiotherapist through the App. A physiotherapist will then prepare an exercise programme for you, which will be loaded onto your profile on the App after your first session.  The exercise programme will be designed to improve your recovery.
  2. It will consist of several sessions, specific to your needs. The programme is typically for 8 – 12 weeks long, and may be extended for additional 4-week periods should this be recommended.  Your exercise sessions will be scheduled on the App. You will be monitored remotely by a team of biokineticists and/or physiotherapists, in an asynchronous manner. This means that you will not be monitored in real-time but may have a real-time consultation with a practitioner from time to time, should this be required. A video of your exercises will not be stored, although the completion of your pain scores and compliance with the programme will be reviewed regularly. While we will try to ensure that the same practitioner monitors you during all your sessions, this may not always be possible. Different practitioners may, therefore, monitor you during the sessions.
  3. There will be no physical in-person contact with your attending practitioner (physiotherapist / biokineticist). Your evaluation will be done, and your progress monitored through the App only. If the attending practitioner is of the opinion that you need to consult a healthcare practitioner in person, you will be referred to an appropriate practitioner. We cannot be held responsible should you injure yourself while performing your exercises. Therefor, if you feel uncomfortable at any time during the exercises, you must immediately stop and contact the attending practitioner who will guide you further.
  4. The programme is not intended to replace, but rather complement any treatment that you are currently receiving. You may continue to consult your preferred healthcare practitioners while you follow the exercise programme on the App.
  5. The benefits of receiving the services on the App include the following:
    • Lower cost than receiving in-person treatment;
    • Performing the exercises in the comfort of your own space (such as your home) with no need to travel to a healthcare practitioner;
    • Better outcomes compared to when exercises are done without monitoring by a healthcare practitioner;
    • Higher patient satisfaction due to the feedback and support received through remote monitoring.
  6. It is important that you complete the exercise programme to fully benefit from it. If you do not keep up with the required frequency and accuracy of exercises you may experience poor outcomes
  7. It is also important that you follow the instructions precisely with every exercise and give accurate feedback on pain levels. Failure to do so may result in injury, strain, or pain. If you do not report your pain scale accurately on the App, the exercises prescribed may be inappropriate for you.
  8. Interactions with the physiotherapist and biokineticist will only occur through the App. To ensure that this can be done successfully, please ensure that the device you use is of good quality. You must also ensure that you have sufficient data and that the data transmission speed is of good quality. Your device and data should meet the following requirements:
    • Mobile phone or tablet
      • Android – version 8.0 or later
      • iPhone – iOS 15. 0 or later
      • iPad – iPad OS 15.0 or later
      • iPod touch – iOS 15. 0 or later
      • Mac – Mac OS 12.0 or later with Apple M1 chip or later
    • Data speed requirements: 4Mb per second or faster
  9. The costs for the services (evaluation, exercise programme and remote monitoring) are described in the document entitled “Financial Consent”. The costs of the device you use to run the App on and any data costs incurred to access the App and to engage with a practitioner remotely are for your own account.
  10. You should be aware that if you have an unstable internet connection while using the App, you may experience a time delay. There may also be a delay in feedback from the attending practitioner should your exercises not be updated. This may impact the evaluation of:
    • your progression,
    • assessment of your pain scores,
    • range of your movement,
    • compliance with the exercise program, and
    • your comments to or requests for support from the attending practitioners.
  11. You have the right to refuse to receive services through the App. You may also terminate the remote services received through the App at any time. You should then consult a healthcare practitioner in person. You are obliged to inform your administrator or attending healthcare practitioner of your intention to terminate through the App.

Personal Information

  1. Your personal information will be processed in accordance with the Privacy Policy.
  2. You should note in particular that by agreeing to receive the services through the App, your personal information will be shared with the attending healthcare practitioners, other healthcare practitioners who provide care to you, your medical scheme and your scheme’s contracted service providers, including its administrator. If you do not agree with this sharing of your information, you should not proceed with receiving the services through the App.

    Legal

    The practitioners who will render the services to you are registered in South Africa. All services they provide will be rendered in South Africa even if you choose to do the exercises in another country. This consent shall be governed, construed, and enforced according to the laws of the Republic of South Africa in South Africa.

  3. If any change occurs in the legislation or enforceable policy that requires changes to the services delivered through the App, we will contact you regarding these changes.
  4. Any disputes that may arise from your use of the App and the services on the App, which we cannot resolve between ourselves, will be resolved by arbitration.

    Consent

  5. I agree to the terms and conditions, which include being evaluated and re-evaluated by a physiotherapist, doing the exercises and being monitored virtually by a physiotherapist or biokineticist.
  6. I understand that I may withdraw from the programme at any time.
  7. I confirm that I am familiar with the Privacy Policy of Genie applicable to the App. I fully understand my rights and obligations concerning my personal information processed by the healthcare practitioners and Genie, and in particular with whom it will be shared.
  8. I confirm that I am 18 years or older and mentally competent to agree to these terms and conditions and provide the consent.
  9. I consent of my own free will and confirm that I have not been forced or unduly influenced to provide the consent.

Financial Consent - Enhanced Spinal Conservative Care Pilot Programme

This consent applies to the practices of Buhrs Physiotherapist Inc & Herbst JA Biokineticist Inc

Please read these terms and conditions carefully. They are all important. The terms and conditions constitute an enforceable agreement between us. If you have any questions, please contact your administrator or healthcare practitioner through the App, who will assist you with your query.

 Payment

  1. You remain responsible for the payment for the services provided (assessments by a physiotherapist and the preparation and deployment of an exercise programme) complimented with monitoring by a biokineticist or physiotherapist.
  2. You should note that we are obliged by law to include codes on your accounts that identify the services that you receive from us (procedure codes) and stipulate your diagnosis (ICD-10 codes). Without these codes, your medical scheme might not reimburse for these services.
  3. We will submit a copy of the account to your medical scheme on your behalf, should it be determined that there are benefits to cover these services. It is anticipated that your medical scheme will pay the amount directly to the relevant practice, as the Discovery Enhanced Spinal Conservative Care Pilot Programme is a risk funded benefit.  Should the scheme for some reason pay this into your own account, it will be your responsibility to pay this across to the relevant practice in settlement of services rendered.
  4. In the unlikely event that after the submission of your account to the medical scheme that the claim is rejected or not settled in full, you will be required to make a payment in settlement of services rendered.
  5. The costs of the device you use to run the App on and any data costs incurred to access the App and to engage with a physiotherapist or biokineticist remotely are for your own account.
  6. You are responsible for paying all outstanding accounts, including charges incurred by us for any dishonoured payments, as well as collection and legal fees (on an attorney-own client scale) for accounts we must collect. We will hand outstanding accounts over for collection to debt collectors or attorneys. You may be listed as a ‘bad payer’ at credit bureaus if you do not pay these accounts.


    Legal

  7. These terms and conditions shall be governed, construed and enforced according to the laws of the Republic of South Africa in South Africa.
  8. Any disputes that may arise from your use of the App and the services on the App, which we cannot resolve between ourselves, will be resolved by arbitration.


    Agreement

  9. I confirm that I am 18 years or older and mentally competent to agree to these terms and conditions.
  10. I agree to the terms and conditions of this Financial Consent, including to ensure payment for the services that I will receive through the App.
  11. I confirm that I have not been forced or unduly influenced to agree to the terms and conditions.

* Please note that by clicking on this button, you are agreeing to our above terms & conditions and verifying that you have read and understand them.

Clinical Consent - Conservative Spine Care Programme

This consent applies to the practices of Buhrs Physiotherapist Inc & Herbst JA Biokineticist Inc

Please read these terms and conditions carefully, as they are important in clarifying and managing expectations and form the basis of your consent to treatment. If you have any questions, please contact your administrator or healthcare practitioner through the App, who will assist you with your query.

Online Exercise Programme

  1. The progress of your physical recovery will be monitored through the App. You will first be assessed by a physiotherapist through the App. A physiotherapist will then prepare an exercise programme for you, which will be loaded onto your profile on the App after your first session.  The exercise programme will be designed to improve your recovery.
  2. It will consist of several sessions, specific to your needs. The programme is typically for 10 weeks and may be extended for additional 4-week periods should this be recommended.  Your exercise sessions will be scheduled on the App. You will be monitored remotely by a team of biokineticists and/or physiotherapists, in an asynchronous manner. This means that you will not be monitored in real-time but may have a real-time consultation with a practitioner from time to time, should this be required. A video of your exercises will not be stored, although the completion of your pain scores and compliance with the programme will be reviewed regularly. While we will try to ensure that the same practitioner monitors you during all your sessions, this may not always be possible. Different practitioners may, therefore, monitor you during the sessions.
  3. There will be no physical in-person contact with your attending practitioner (physiotherapist / biokineticist). Your evaluation will be done, and your progress monitored through the App only. If the attending practitioner is of the opinion that you need to consult a healthcare practitioner in person, you will be referred to an appropriate practitioner. We cannot be held responsible should you injure yourself while performing your exercises. Therefor, if you feel uncomfortable at any time during the exercises, you must immediately stop and contact the attending practitioner who will guide you further.
  4. The programme is not intended to replace, but rather complement any treatment that you are currently receiving. You may continue to consult your preferred healthcare practitioners while you follow the exercise programme on the App.
  5. The benefits of receiving the services on the App include the following:
    • Lower cost than receiving in-person treatment;
    • Performing the exercises in the comfort of your own space (such as your home) with no need to travel to a healthcare practitioner;
    • Better outcomes compared to when exercises are done without monitoring by a healthcare practitioner;
    • Higher patient satisfaction due to the feedback and support received through remote monitoring.
  6. It is important that you complete the exercise programme to fully benefit from it. If you do not keep up with the required frequency and accuracy of exercises you may experience poor outcomes
  7. It is also important that you follow the instructions precisely with every exercise and give accurate feedback on pain levels. Failure to do so may result in injury, strain, or pain. If you do not report your pain scale accurately on the App, the exercises prescribed may be inappropriate for you.
  8. Interactions with the physiotherapist and biokineticist will only occur through the App. To ensure that this can be done successfully, please ensure that the device you use is of good quality. You must also ensure that you have sufficient data and that the data transmission speed is of good quality. Your device and data should meet the following requirements:
    • Mobile phone or tablet
      • Android – version 8.0 or later
      • iPhone – iOS 15. 0 or later
      • iPad – iPad OS 15.0 or later
      • iPod touch – iOS 15. 0 or later
      • Mac – Mac OS 12.0 or later with Apple M1 chip or later
    • Data speed requirements: 4Mb per second or faster
  9. The costs for the services (evaluation, exercise programme and remote monitoring) are described in the document entitled “Financial Consent”. The costs of the device you use to run the App on and any data costs incurred to access the App and to engage with a practitioner remotely are for your own account.
  10. You should be aware that if you have an unstable internet connection while using the App, you may experience a time delay. There may also be a delay in feedback from the attending practitioner should your exercises not be updated. This may impact the evaluation of:
    • your progression,
    • assessment of your pain scores,
    • range of your movement,
    • compliance with the exercise program, and
    • your comments to or requests for support from the attending practitioners.
  11. You have the right to refuse to receive services through the App. You may also terminate the remote services received through the App at any time. You should then consult a healthcare practitioner in person. You are obliged to inform your administrator or attending healthcare practitioner of your intention to terminate through the App.

Personal Information

  1. Your personal information will be processed in accordance with the Privacy Policy.
  2. You should note in particular that by agreeing to receive the services through the App, your personal information will be shared with the attending healthcare practitioners, other healthcare practitioners who provide care to you, your medical scheme and your scheme’s contracted service providers, including its administrator. If you do not agree with this sharing of your information, you should not proceed with receiving the services through the App.

    Legal

    The practitioners who will render the services to you are registered in South Africa. All services they provide will be rendered in South Africa even if you choose to do the exercises in another country. This consent shall be governed, construed, and enforced according to the laws of the Republic of South Africa in South Africa.

  3. If any change occurs in the legislation or enforceable policy that requires changes to the services delivered through the App, we will contact you regarding these changes.
  4. Any disputes that may arise from your use of the App and the services on the App, which we cannot resolve between ourselves, will be resolved by arbitration.

    Consent

  5. I agree to the terms and conditions, which include being evaluated and re-evaluated by a physiotherapist, doing the exercises and being monitored virtually by a physiotherapist or biokineticist.
  6. I understand that I may withdraw from the programme at any time.
  7. I confirm that I am familiar with the Privacy Policy of Genie applicable to the App. I fully understand my rights and obligations concerning my personal information processed by the healthcare practitioners and Genie, and in particular with whom it will be shared.
  8. I confirm that I am 18 years or older and mentally competent to agree to these terms and conditions and provide the consent.
  9. I consent of my own free will and confirm that I have not been forced or unduly influenced to provide the consent.

Financial Consent - Conservative Spine Care Programme

This consent applies to the practices of Buhrs Physiotherapist Inc & Herbst JA Biokineticist Inc

Please read these terms and conditions carefully. They are all important. The terms and conditions constitute an enforceable agreement between us. If you have any questions, please contact your administrator or healthcare practitioner through the App, who will assist you with your query.

 Payment

  1. You remain responsible for the payment for the services provided (assessment by a physiotherapist and the preparation, deployment and monitoring of an exercise programme by a biokineticist or physiotherapist).
  2. You should note that we are obliged by law to include codes on your accounts that identify the services that you receive from us (procedure codes) and stipulate your diagnosis (ICD-10 codes). Without these codes, your medical scheme might not reimburse for these services.
  3. We will submit a copy of the account to your medical scheme on your behalf, should it be determined that there are benefits to cover these services. It is anticipated that your medical scheme will pay the amount directly to the relevant practice, as the Discovery Conservative Spine Care Programme is a risk funded benefit.  Should the scheme for some reason pay this into your own account, it will be your responsibility to pay this across to the relevant practice in settlement of services rendered.
  4. In the unlikely event that after the submission of your account to the medical scheme that the claim is rejected or not settled in full, you will be required to make a payment in settlement of services rendered.
  5. The costs of the device you use to run the App on and any data costs incurred to access the App and to engage with a physiotherapist or biokineticist remotely are for your own account.
  6. You are responsible for paying all outstanding accounts, including charges incurred by us for any dishonoured payments, as well as collection and legal fees (on an attorney-own client scale) for accounts we must collect. We will hand outstanding accounts over for collection to debt collectors or attorneys. You may be listed as a ‘bad payer’ at credit bureaus if you do not pay these accounts.


    Legal

  7. These terms and conditions shall be governed, construed and enforced according to the laws of the Republic of South Africa in South Africa.
  8. Any disputes that may arise from your use of the App and the services on the App, which we cannot resolve between ourselves, will be resolved by arbitration.


    Agreement

  9. I confirm that I am 18 years or older and mentally competent to agree to these terms and conditions.
  10. I agree to the terms and conditions of this Financial Consent, including to ensure payment for the services that I will receive through the App.
  11. I confirm that I have not been forced or unduly influenced to agree to the terms and conditions.

* Please note that by clicking on this button, you are agreeing to our above terms & conditions and verifying that you have read and understand them.

Clinical Consent

This consent applies to the practices of Buhrs Physiotherapist Inc & Herbst JA Biokineticist Inc

Please read these terms and conditions carefully, as they are important in clarifying and managing expectations and form the basis of your consent to treatment. If you have any questions, please contact your administrator or healthcare practitioner through the App, who will assist you with your query.

Online Exercise Programme

  1. The progress of your physical recovery will be monitored through the App. You will first be assessed by a physiotherapist through the App. A biokineticist or physiotherapist will then prepare an exercise programme for you, which will be loaded onto your profile on the App after your first session with the biokineticist or physiotherapist. The exercise programme will be designed to improve your recovery.
  2. It will consist of several sessions, specific to your needs. The programme is typically for 4 weeks and may be extended for an additional 4-week period should this be recommended. 1-week programmes may also be recommended. Your exercise sessions will be scheduled on the App. You will be monitored remotely by a team of biokineticists and/or physiotherapists, in an asynchronous manner. This means that you will not be monitored in real-time but may have a real-time consultation with a practitioner from time to time, should this be required. A video of your exercises will not be stored, although the completion of your pain scores and compliance with the programme will be reviewed regularly. While we will try to ensure that the same practitioner monitors you during all your sessions, this may not always be possible. Different practitioners may, therefore, monitor you during the sessions.
  3. There will be no physical in-person contact with your attending practitioner (physiotherapist / biokineticist). Your evaluation will be done, and your progress monitored through the App only. If the attending practitioner is of the opinion that you need to consult a healthcare practitioner in person, you will be referred to an appropriate practitioner. We cannot be held responsible should you injure yourself while performing your exercises. Therefor, if you feel uncomfortable at any time during the exercises, you must immediately stop and contact the attending practitioner who will guide you further.
  4. The programme is not intended to replace, but rather complement any treatment that you are currently receiving. You may continue to consult your preferred healthcare practitioners while you follow the exercise programme on the App.
  5. The benefits of receiving the services on the App include the following:
    • Lower cost than receiving in-person treatment;
    • Performing the exercises in the comfort of your own space (such as your home) with no need to travel to a healthcare practitioner;
    • Better outcomes compared to when exercises are done without monitoring by a healthcare practitioner;
    • Higher patient satisfaction due to the feedback and support received through remote monitoring.
  6. It is important that you complete the exercise programme to fully benefit from it. If you do not keep up with the required frequency and accuracy of exercises you may experience poor outcomes
  7. It is also important that you follow the instructions precisely with every exercise and give accurate feedback on pain levels. Failure to do so may result in injury, strain, or pain. If you do not report your pain scale accurately on the App, the exercises prescribed may be inappropriate for you.
  8. Interactions with the physiotherapist and biokineticist will only occur through the App. To ensure that this can be done successfully, please ensure that the device you use is of good quality. You must also ensure that you have sufficient data and that the data transmission speed is of good quality. Your device and data should meet the following requirements:
    • Mobile phone or tablet
      • Android – version 8.0 or later
      • iPhone – iOS 15. 0 or later
      • iPad – iPad OS 15.0 or later
      • iPod touch – iOS 15. 0 or later
      • Mac – Mac OS 12.0 or later with Apple M1 chip or later
    • Data speed requirements: 4Mb per second or faster
  9. The costs for the services (evaluation, exercise programme and remote monitoring) are described in the document entitled “Financial Consent”. The costs of the device you use to run the App on and any data costs incurred to access the App and to engage with a practitioner remotely are for your own account.
  10. You should be aware that if you have an unstable internet connection while using the App, you may experience a time delay. There may also be a delay in feedback from the attending practitioner should your exercises not be updated. This may impact the evaluation of:
    • your progression,
    • assessment of your pain scores,
    • range of your movement,
    • compliance with the exercise program, and
    • your comments to or requests for support from the attending practitioners.
  11. You have the right to refuse to receive services through the App. You may also terminate the remote services received through the App at any time. You should then consult a healthcare practitioner in person. You are obliged to inform your administrator or attending healthcare practitioner of your intention to terminate through the App.

 

Personal Information

  1. Your personal information will be processed in accordance with the Privacy Policy.
  2. You should note in particular that by agreeing to receive the services through the App, your personal information will be shared with the attending healthcare practitioners, other healthcare practitioners who provide care to you, your medical scheme and your scheme’s contracted service providers, including its administrator. If you do not agree with this sharing of your information, you should not proceed with receiving the services through the App.


    Legal

    The practitioners who will render the services to you are registered in South Africa. All services they provide will be rendered in South Africa even if you choose to do the exercises in another country. This consent shall be governed, construed, and enforced according to the laws of the Republic of South Africa in South Africa.
  3. If any change occurs in the legislation or enforceable policy that requires changes to the services delivered through the App, we will contact you regarding these changes.
  4. Any disputes that may arise from your use of the App and the services on the App, which we cannot resolve between ourselves, will be resolved by arbitration.

    Consent

  5. I agree to the terms and conditions, which include being evaluated and re-evaluated by a physiotherapist or biokineticist, doing the exercises and being monitored virtually by a physiotherapist or biokineticist.
  6. I understand that I may withdraw from the programme at any time.
  7. I confirm that I am familiar with the Privacy Policy of Genie applicable to the App. I fully understand my rights and obligations concerning my personal information processed by the healthcare practitioners and Genie, and in particular with whom it will be shared.
  8. I confirm that I am 18 years or older and mentally competent to agree to these terms and conditions and provide the consent.
  9. I consent of my own free will and confirm that I have not been forced or unduly influenced to provide the consent.

Financial Consent

This consent applies to the practices of Buhrs Physiotherapist Inc & Herbst JA Biokineticist Inc

Please read these terms and conditions carefully. They are all important. The terms and conditions constitute an enforceable agreement between us. If you have any questions, please contact your administrator or healthcare practitioner through the App, who will assist you with your query.

 Payment

  1. You remain responsible for the payment for the services provided (assessment by a physiotherapist or biokineticist, and the preparation, deployment and monitoring of an exercise programme by a biokineticist or physiotherapist).
  2. You should note that we are obliged by law to include codes on your accounts that identify the services that you receive from us (procedure codes) and stipulate your diagnosis (ICD-10 codes). Without these codes, your medical scheme might not reimburse for these services.
  3. We will submit a copy of the account to your medical scheme on your behalf, should it be determined that there are benefits to cover these services. It is anticipated that your medical scheme will pay the amount directly to the relevant practice.  Should the scheme for some reason pay this into your own account, it will be your responsibility to pay this across to the relevant practice in settlement of services rendered.
  4. Should it be determined that there no be benefits available to cover these services, a payment link will be sent to you immediately after your online assessment by the physiotherapist and again after your personalised programme is deployed to your profile on the App by the biokineticist or physiotherapist. You shall then be required to make payments using a credit or debit card. You will only obtain access to the full exercise programme, once the payments have been cleared. The fees for 2024 are as follows:
    (a) Physiotherapy assessment: R394.50 (including VAT).
    (b) Exercise programme and remote monitoring by a biokineticist and/or physiotherapist per 4-week block: R1157.20 (including VAT).
  5. Should it be determined after the submission of your account to the medical that the claim is rejected or not settled in full, you will be required to make a payment in settlement of services rendered as per point 4 above.
  6. The costs of the device you use to run the App on and any data costs incurred to access the App and to engage with a physiotherapist or biokineticist remotely are for your own account.
  7. You are responsible for paying all outstanding accounts, including charges incurred by us for any dishonoured payments, as well as collection and legal fees (on an attorney-own client scale) for accounts we must collect. We will hand outstanding accounts over for collection to debt collectors or attorneys. You may be listed as a ‘bad payer’ at credit bureaus if you do not pay these accounts.


    Legal

  8. These terms and conditions shall be governed, construed and enforced according to the laws of the Republic of South Africa in South Africa.
  9. Any disputes that may arise from your use of the App and the services on the App, which we cannot resolve between ourselves, will be resolved by arbitration.


    Agreement

  10. I confirm that I am 18 years or older and mentally competent to agree to these terms and conditions.
  11. I agree to the terms and conditions of this Financial Consent, including to pay for the services that I will receive through the App.
  12. I confirm that I have not been forced or unduly influenced to agree to the terms and conditions.

* Please note that by clicking on this button, you are agreeing to our above terms & conditions and verifying that you have read and understand them.