ONLINEPETHEALTH LEGAL
Electronic Communications and Transactions (ECT) Act Information:
Company Name: Pet Solutions CC ; Registration Number 2008/019345/23;
Registered Address: 8 Capstan Close, Marina Da Gama, Cape Town, 7954;
Website Address and Contact Email: www.onlinepethealth.com email: info@onlinepethealth.com; and
Any code of conduct to which that supplier subscribes and how that code of conduct may be accessed electronically by the consumer here: https://savc.org.za/information_manual/professional-conduct
ONLINEPETHEALTH.COM TERMS & CONDITIONS
General Disclaimer
- Anyone may use any information presented on this website for non-commercial purposes, subject to any specific terms of use that might appear with such information, provided that the use of such information is accompanied by an acknowledgement that ONLINE PET HEALTH is the source. By using this site you are agreeing to be bound by these general terms and conditions and our Privacy Policy. If you choose to access and use any of the information made available to you on this site, you do so subject to these Terms and Conditions of Use and any specific terms that the owner or provider of that information has imposed on its use.
Please take note of all Terms and Conditions of Use. Your use of this website implies an acceptance of the Terms and Conditions of Use and any other specific terms and an agreement to be bound by them. In the event of a conflict between the Terms and Conditions of Use of this website and any specific terms applicable to specific date, and only to the extent of the conflict, the more specific term will apply. - ONLINE PET HEALTH makes every effort to ensure, but cannot and does not guarantee, and makes no warranties as to, the accuracy, accessibility, integrity and timeliness of this information. ONLINE PET HEALTH assumes no liability or responsibility for any errors or omissions in the content of this site and further disclaims any liability of any nature for any loss howsoever arising in connection with using this website or any content contained herein. Furthermore ONLINE PET HEALTH reserves the right to make changes to these materials at any time without notice. If you find any inaccurate, out of date or incomplete information or material on this website, or if you suspect that something is an infringement of intellectual property rights, you must let us know immediately by contacting ONLINE PET HEALTH or the owner or provider of the information to which the issue relates.
- You should independently verify any information and material on this website before relying upon it. The information and material on this website are not substitutes for the exercise of professional judgement. If you are not qualified or experienced enough to make that judgement, you should take professional advice or contact the relevant information owner or provider for further information and advice.
- Hyperlinks to other websites are provided as a convenience only, and imply neither responsibility for, nor approval of, the information contained in those other web sites on the part of ONLINE PET HEALTH. ONLINE PET HEALTH makes no warranty, either express or implied, as to the accuracy, availability, reliability or content of such information, text, graphics and hyperlinks. ONLINE PET HEALTH will not be liable for any indirect or consequential loss, or for any loss of business, profit, revenue, goodwill or data, lost or wasted management time or the lost time of other employees arising from your use of this website or any information or material on it, or your inability to use it (whether that loss is direct or indirect).
- While ONLINE PET HEALTH makes every effort to ensure that any executable material available to be downloaded from ONLINE PET HEALTH’s website is free of any virus, it cannot guarantee that the material is free from any or all viruses. ONLINE PET HEALTH is not responsible for any loss or damage howsoever caused by the executable material and potentially malicious code contained therein.
- You are responsible for ensuring that your computer systems are suitable to access and use this website. You are responsible for implementing sufficient anti-virus and other security checks to ensure the accuracy of data input and output.
- The collection and retention of personal information by ONLINE PET HEALTH through its website and through the registration process is subject to the terms of the ONLINE PET HEALTH Privacy Policy currently in force and available for review on this website.
- You must not try to alter or destroy this website, the information contained herein or try to circumvent the security features of this website, be it by tampering with, attempting to hack or crack it, modify the format thereof or in any other way disrupt or disable any computer system, server, website, router or other device used to host this site or make it available.
- All warranties, representations, terms, conditions and undertakings, whether implied by statute, common law, custom, trade usage, course of dealing or otherwise (including any implied warranty, representation, term, condition or undertaking of satisfactory quality or fitness for a particular purpose) are excluded to the fullest extent allowed by law by ONLINE PET HEALTH and the information owners and providers.
- If the use of any information or material on this website is unlawful in any jurisdiction (because of your nationality, residence or for some other reason), that information or material is not offered. If you are outside the Republic of South Africa you must satisfy yourself that you are lawfully able to use any such information and materials. We accept no liability, to the extent allowed by the law, for any costs, losses or damages resulting from or related to the access or attempted access of any information or materials by anyone outside the Republic of South Africa.
- No delay, neglect or forbearance on the part of ONLINE PET HEALTH in enforcing any of their rights under the Terms and Conditions of Use will be, or be deemed to be, a waiver and it will not prejudice any right of ONLINE PET HEALTH.
- If any of the Terms and Conditions of Use is held to be unenforceable, illegal or in some other way invalid, the unenforceable, illegal or invalid provision will be deemed to be severable and will not affect the remainder of Terms and Conditions which will continue to be of full force and effect.
- All conditions and terms of use contained in this website are governed by South African law and you agree to submit to the non-exclusive jurisdiction of the courts of South Africa.
- No addition to or modification of any provision of these Terms and Conditions of Use will be binding on ONLINE PET HEALTH unless made in writing and signed by their duly authorised representatives
MEMBERSHIP TERMS & CONDITIONS
Online Pet Health Customer Terms and Conditions
Items in these Terms and Conditions that are of importance or that carry a level of risk for you are in bold. Please pay special attention to these clauses and make sure you understand them. If you don’t understand something please get us to explain it to you.
1. Definitions
1.1 “Acceptance Date” means the date on which you accepted the Agreement, by way of electronic medium, for example by clicking “I agree” on a web page or via your mobile phone;
1.2 “Agreement” means the agreement concluded between you and Online Pet Health which agreement will be exclusively governed by these terms and conditions and the privacy policy and content submission terms;
1.3 “Business Day” means Monday to Friday, but excludes Saturdays and a day which is an official public holiday in the Republic of South Africa;
1.4 “Business Hours” means the hours between 09h00 and 17h00 on a Business Day;
1.5 “CPA” means the Consumer Protection Act, 2008;
1.6 “ECT Act” means the Electronic Communications and Transactions Act, 2002;
1.7 “Online Pet Health”, “we”, “us” and “our” means Pet Solutions CC;
1.8 “Online Pet Health Marks” means any trademarks, logos, brand names, trade names domain names or other names or marks of Online Pet Health whether registered or not;
1.9 “Intellectual Property Rights” means the copyright in any work in terms of the Copyright Act, No. 98 of 1978, and includes without limitation the right to reproduce that work, the rights in respect of a trade mark conferred by the Trade Marks Act, No. 194 of 1993, the rights in respect of a design conferred by the Designs Act, No. 195 of 1993, and the rights in respect of a patent conferred by the Patents Act, No. 57 of 1978 including any applications for the aforegoing and any names, licenses, know how, trade secrets and data associated with the aforegoing;
1.10 “Juristic Person” means a company or close corporation and includes a body corporate, partnership, association or trust;
1.11 “Legal Notices Website” means https://www.onlinepethealth.com/legal
1.12 “Purchase Date” means date that a successful sale is concluded by completing the checkout process including successful payment in full;
1.13 “Service” means the provision of provision of online vet rehabilitation resources;
1.14 “Customer” or “you” means a user of any of our products or services;
1.15 “Uncontrollable Event” means (including without limitation) any fire, flood, earthquake, elements of nature or acts of God, riots, civil disorders, rebellions or revolutions in any country or any other cause beyond the reasonable control of Online Pet Health including the termination or suspension of a service or product provided by a third party, that may result in a delay or a failure to provide any product or service;
1.16 “VAT” means Value Added Tax as provided for in the Value Added Tax Act, 1991; and
1.17 “Website” means onlinepethealth.com.
2. Commencement, Duration, Termination and Cooling-off
2.1 The Agreement will commence on the Acceptance Date and endure for as long as you have an active membership with Online Pet Health until it is cancelled as provided for in this
2.2 This Agreement incorporates by reference the Website Terms and Conditions, PAIA Manual and Privacy Policy which have been made available to you on this website and which you undertake to read and understand. If you do not understand anything, please ask us to explain it to you.
2.3 Online Pet Health may terminate this Agreement immediately for material breach of this Agreement.
2.4 Notwithstanding the termination of the Agreement, in the event that you continue to use the products or services despite the termination of the Agreement, you will remain liable for and promptly pay on demand all amounts that would have been due to Online Pet Health as a result of the use of or access to the product or service and this Agreement shall be deemed to continue to apply until such time as all amounts due to Online Pet Health have been paid in full, and we will be entitled to terminate the agreement at any time.
2.5 If the Agreement results from any direct approach to you by Online Pet Health or is an electronic transaction as contemplated in the ECT Act, you will be entitled to cancel the Agreement on written notice to Online Pet Health without reason or penalty within 5 (five) Business Days of –
2.5.1 in the case of services only being provided in terms of the Agreement – the Purchase Date; and
2.5.2 in the case where goods are provided and constitute the subject of the Agreement, whether in conjunction with services or on its own – the date of delivery of such goods.
2.6 For purposes of clause 5.2, goods include any literature, music, photograph, motion picture, game, information, data software, code or other intangible product or any license to use such intangible product.
2.7 A contract for sale of goods will only come into being on the Purchase Date.
3 Conditions of access
3.1 Online Pet Health will make the Service available to you on the Acceptance Date.
3.2 You must be at least 18 (eighteen) years of age to access the Services.
3.3 The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign a reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Website or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
3.4 Access to our Services is on a membership basis only. You will need to register an account with us in order to access the Services. Memberships are available on a limited free access basis, paid for reduced access basis and full access basis. After your membership expires, if not renewed, you will no longer have access to our Services.
3.5 We offer three types of membership:
3.5.1 Limited access Free Membership: provides limited access to Website and content.
3.5.2 Limited Paid Membership:Provides access to most features of the Website and content on a defined basis.
3.5.3 Full Paid Membership: Provides full access to the Website and content and its resources .
3.6 Online Pet Health will issue a user name and password to you prior to the Acceptance Date in order to enable you to gain access to and/or use a service. In such instance, you will not be able to access and/or use a service without a user name and password.
3.7 You agree that:
3.7.1 you will use your user name and password for your own personal use only;
3.7.2 you will not disclose your user name and password to any other person for any reason whatsoever and that you will maintain the confidentiality thereof;
3.7.3 in the event that your password is compromised, you will immediately notify Online Pet Health and change your password;
3.7.4 you, as the holder of the user name and password, acknowledge you are solely responsible for all payments in respect of a service charged to your Online Pet Health account, irrespective of whether the service has been utilized or is being utilized by you or not and accordingly the entire amount outstanding on your Online Pet Health account will be deemed to have arisen from (or relate to) your access to and/or use of a service;
3.7.5 you agree to cause all persons who use any products or services under your account or with your authorization to comply with the Agreement. All acts or omissions of all persons who use services under your account or with your authorization will be treated for all purposes as your acts or omissions;
3.7.6 Online Pet Health also offers a password reminder service. We will send your password to your registered email address should you have forgotten your password. Subscription to this service is voluntary. Password reminders will only be sent to your registered details and should such details change it is your responsibility to notify us.
3.7.7 you will not, at any time, permit and/or initiate a simultaneous network log-in; and
3.7.8 you will not attempt to circumvent Online Pet Health’ user authentication processes or engage in attempts to access Online Pet Health’ network where not expressly authorised to do so.
4. Service Delivery, Service Availability, Ownership
4.1 Online Pet Health will use reasonable endeavors to make its services available to you, and to maintain the availability thereof for use by you. However, we provide the services “as is” and “as available” and do not warrant or guarantee that the services will at all times be free of errors or interruptions, be always available, fit for any purpose, not infringe any third party rights, be secure and reliable, or will conform to your delivery timeline requirements subject always to the provisions of the CPA where applicable.
4.2 Online Pet Health will use its best endeavors to notify you in advance of any maintenance and repairs which may result in the unavailability of a service, but can not always guarantee this.
4.3 Ownership in the goods will pass on the Purchase Date.
5 Communication and Dispute Resolution
5.1 You agree that Online Pet Health may from time to time send you communications regarding (without being limited to) special offers or discounts which Online Pet Health may negotiate for and offer to its Customers, operational changes that may affect the services and/or new services or products launched. All communications will abide by our Privacy Policy and applicable law. You will always be entitled to notify us in writing that you do not wish to receive or continue to receive such communications and if you are a consumer as contemplated in the CPA, to pre-emptively block the receipt of such communications.
5.2 Any dispute between the parties may be referred to arbitration and finally resolved in accordance with the rules of the Arbitration Foundation of Southern Africa. Such arbitration shall be held in Cape Town, and conducted in the English language before one arbitrator appointed in accordance with the said rules. Any award will be final and not subject to appeal. This agreement to arbitrate shall be enforceable in, and judgement upon any award may be entered in any court of any country having appropriate jurisdiction. A dispute shall be deemed to have arisen when either party notifies the other party in writing to that effect.
5.3 The arbitrator shall have the power to give default judgement if any party fails to make submissions on due date and/or fails to appear at the arbitration.
5.4 The provisions set out above shall not prevent either party from approaching any court of competent jurisdiction to obtain interim or other relief in cases of urgency.
6 Payment
6.1 Billing will commence on the Purchase Date. A valid tax invoice will be emailed to your registered email address on the Purchase Date.
6.2 Payment can be made as follows:
6.2.1 Credit Card Transactions are acquired by Stripe or any other authorized payment gateway from time to time as available on our Website at the time of purchase. Please note that you may be required to accept the terms and conditions for the use of the payment gateway’s service to place any orders with us. If authorisation is not obtained from your acquiring bank, the order is cancelled. You warrant that you are authorised to use the credit card for payment of your order and that there are sufficient funds in this credit card account to cover the costs of any transactions you complete on Online Pet Health.
6.2.2 Paying by PayPal: Please select the PayPal option. Note you will need a valid PayPal account to use this option and will be required to accept and comply with PayPal’s standard terms and conditions.
6.3 All payments are processed independently through third party services. Therefore, this Website does not collect any payment information – such as credit card details – but only receives a notification when the payment has been successfully completed.
6.4 If a payment via the available methods fails or is rejected by the payment service provider, Online Pet Health is under no obligation to fulfill the order. Any costs or fees resulting from a failed or declined payment shall be borne by the User.
6.5 Payment can be made via a recurring monthly or annual fee.
6.6 Membership fees are payable in advance and will be billed automatically to your chosen payment method on the date of your initial purchase and on each renewal date thereafter.
6.7 You may cancel your membership at any time by contacting us at info@onlinepethealth.com. Cancellation will take effect at the end of your current billing cycle.
6.8 We offer a 30-day money-back guarantee on all new memberships. If you are not satisfied with your membership, you may request a full refund within 30 days of your initial purchase.
6.9 To request a refund, please contact us at info@onlinepethealth.com with your membership details.
7. Privacy
7.1 Online Pet Health will deal with your personal information in accordance with the provisions of our Privacy Policy which is available on our Website and in compliance with all relevant laws.
8 Intellectual Property Rights
8.1 Delivery of Digital Content
8.1.1 Unless otherwise specified, digital content purchased on this Website is delivered via download to the device(s) selected by Users.
8.1.2 Users acknowledge and agree that in order to download and/or use the content, the intended device(s) and their respective software (including operating systems) must be legal, commonly used, up-to-date and in compliance with current market standards.
8.1.3 Users acknowledge and accept that the ability to download the purchased content may be limited in time and space.
8.2 You agree to comply with all laws applicable to any Intellectual Property Rights in respect of any data, files and/or information accessed, retrieved or stored by you through your use of any of our services and/products.
8.3 You are prohibited from using any Online Pet Health Marks without the prior written approval of Online Pet Health.
8.4 Online Pet Health (or its Third Party licensors) will wholly and exclusively retain all Intellectual Property Rights related to the provision of any of the services or products in terms of these terms and conditions.
8.5 Access to External Resources:
8.5.1 Through this Website, Users may have access to external resources provided by third parties. Users acknowledge and agree that Online Pet Health has no control over such resources and is therefore not responsible for their content or availability.
8.5.2 The terms and conditions applicable to any resources provided by third parties, including the terms and conditions applicable to any grant of rights to the content, are subject to the terms and conditions of each such third party or, in the absence of such terms and conditions, applicable law.
8.6 A membership grants you a non-exclusive, non-transferable license to access and use the online resources available on the Website for the duration of your membership.
8.7 You may use these resources for your personal projects.
8.7.1 You may not claim ownership or copyright of the resource.
8.7.2 You may not modify or create derivative works from the resources.
8.7.3 You may not use the resources in any illegal or unauthorized manner.
9 Breach
9.1 Subject to any other provisions set out in these terms and conditions, should you be in breach of any provision of this Agreement, then Online Pet Health shall be entitled, without prejudice to any other rights that it may have and to the extent required or permitted, as the case may be, by law, to forthwith:
9.1.2 afford you a reasonable opportunity to remedy the breach, taking into account the nature of the breach in question; or
9.1.3 suspend your access to the Service; or
9.1.4 cancel all agreements concluded between us.
10 Indemnity
10.1 You hereby unconditionally and irrevocably indemnify Online Pet Health and agree to indemnify and hold Online Pet Health harmless against all loss, damages, claims, liability and/or costs, of whatsoever nature, howsoever and whensoever arising, suffered or incurred by Online Pet Health as a result of any claim instituted against Online Pet Health by a third party (other than you) as a result of (without limitation):
10.1.1 your use of our Services other than as allowed or prescribed in the Agreement;
10.1.2 any other cause whatsoever relating to the Agreement or the provision of Services to you where you have acted wrongfully or failed to act when you had a duty to so act.
11 No representations, warranties or guarantees and Limitation of liability
11.1 Save to the extent otherwise provided for in this Agreement or where you are entitled to rely on or receive, by operation of law, any representations, warranties or guarantees, we do not make or provide any express or implied representations, warranties or guarantees regarding the availability, accuracy, reliability, timeliness, quality or security of any product or service.
11.2 Without limiting the generality of the provisions of clause 2, Online Pet Health shall not be liable for and you will have no claim of whatsoever nature against Online Pet Health as a result of
11.2.1 the loss of or access to any usernames and passwords which you are required to safeguard and not allow unauthorized access on the understanding that we will be entitled to assume that you are the person so using or gaining access to any service or account where your username and password is used;
11.2.2 any unavailability of, or interruption in the Service due to an Uncontrolled Event;
11.2.3 any damage, loss, cost or claim which you may suffer or incur arising from any suspension or termination of the service/s for any reason contemplated in the Agreement.
11.3 In addition to and without prejudice to any other limitations of liability provided for in the Agreement and to the fullest extent permitted by applicable law, Online Pet Health shall not be liable to you for any direct damages howsoever arising and neither party shall be liable to the other for any special, indirect, incidental, consequential or punitive damages arising out of or relating to this Agreement, whether resulting from negligence, breach or any other cause. To the extent that a competent court or tribunal or other competent dispute resolution body or authority finally determines, notwithstanding the exclusion contained in this clause, that Online Pet Health is liable to you for any damages, Online Pet Health’ liability to you for any damages howsoever arising shall be limited to the amounts paid by you under this Agreement in consideration for a service or product during the immediately preceding 12 (twelve) month period in respect of the service or product which gave rise to the liability in question.
12 Cession and Delegation
You may not sell, cede, assign, delegate or in any other way alienate or dispose of any or all of your rights and obligations under and in terms of this Agreement without the prior written approval of Online Pet Health. Online Pet Health shall be entitled to sell, cede, assign, delegate, alienate, dispose or transfer any or all of its rights and obligations under and in terms of this Agreement to any of its affiliates or to any third party without your consent and without notice to you provided that you are not unduly prejudiced as a result. “Affiliates” for this purpose includes Online Pet Health’ holding company, the holding company(ies) of Online Pet Health’ holding company (collectively “its holding companies”), its subsidiaries, subsidiaries of its holding companies and any other companies which are directly or indirectly controlled by Online Pet Health or are under common control with Online Pet Health.
13 No Advice
The information provided on this Website and within the resources is for informational and educational purposes only. It is not intended to be a substitute for professional advice. We are not liable for any decisions you make based on the information provided. Always seek the advice of a qualified veterinary professional regarding any questions or concerns you may have. This information does not constitute medical advice.
14 Jurisdiction
You hereby consent to the jurisdiction of the Magistrate’s Court in the Republic of South Africa in respect of any proceedings that may be initiated by Online Pet Health arising out of this Agreement, provided that Online Pet Health shall be entitled, in its reasonable discretion, to institute such proceedings in the High Court of South Africa and, in such event, you consent to the jurisdiction of such court. The jurisdiction of the Small Claims Court is specifically excluded, as the parties agreed to follow the arbitration process set out in clause 5 above.
15 Amendment of this agreement
Online Pet Health reserves the right to amend this agreement from time to time. Any new version of the Agreement will be displayed on our Website together with the date on which it will become effective, which will never be less than 30 (thirty) days after the date on which it is first published. It is your obligation to visit our website on a regular basis in order to determine whether any amendments have been made.
16 General
16.1 The parties acknowledge and agree that this Agreement constitutes the whole of the agreement between them and that no other agreements, guarantees, undertakings or representations, either verbal or in writing, relating to the subject matter of this Agreement not incorporated in this Agreement shall be binding on the parties. No variation or addition of this Agreement or the Application Form will be binding on any of the parties unless recorded in writing and signed by both parties.
16.2 Online Pet Health is in terms of section 43 of the ECT Act required to make its contact details, its domicilia citandi et executandi and certain other information available to its Customers who enter into electronic transactions with Online Pet Health. This information is available on the website.
16.3 You agree that any notices we send to you in terms of any agreement concluded between us may be sent via e-mail unless otherwise prescribed by law.
16.4 No indulgence, leniency or extension of time which Online Pet Health may grant or show to you shall in any way prejudice Online Pet Health or preclude Online Pet Health from exercising any of its rights in the future.
16.5 You warrant that as at the date of signature all the details furnished by you to Online Pet Health are true and correct and that you will notify Online Pet Health in the event of any change to such details.
16.6 All our terms and conditions can be accessed, stored, and reproduced electronically by you.
16.7 The physical address where Online Pet Health will receive legal service of documents/ domicilium citandi et executandi is the following:
Pet Solutions CC- 8 Capstan Close, Marina Da Gama, Cape Town, 7954.
Company Manual for Accessing Information (“Manual”) – PAIA
This Manual has been prepared in terms of section 51 of the Promotion of Access to Information Act 2 of 2000 (“PAIA”) and updated in the light of the Protection of Personal Information Act 4 of 2013 (“POPIA”).
1. Introduction
1.1 This manual is for Pet Solutions CC (“the Company”).
2. Purpose of PAIA
2.1 PAIA is an act that was passed to give effect to the constitutional right, held by everyone in South African, of access to information which is held by the State or by another person and which is required for the exercise or protection of any right. Where a request is made in terms of PAIA, the body to which the request is made is obliged to give access to the requested information, except where the Act expressly provides that the information may or must not be released.
2.2 It is important to note that PAIA recognises certain limitations to the right of access to information, including, but not exclusively, limitations aimed at the reasonable protection of privacy, commercial confidentiality, and effective, efficient and good governance, and in a manner which balances that right with any other rights, including such rights contained in the Bill of Rights in the Constitution.
2.3 POPIA was enacted in November 2013, to promote the protection of personal information processed by public and private bodies. POPIA amended certain provisions of PAIA, balancing the need for access to information against the need to ensure the protection of personal information.
3. Information manual
3.1 One of the main requirements specified in PAIA is the compilation of an information manual that provides information on both the types and categories of records held by a private body. This document serves as Company’s information manual. This Manual is compiled in accordance with section 51 of PAIA and the Schedule to POPIA. It is intended to give a description of the records held by and on behalf of Company; to outline the procedure to be followed and the fees payable when requesting access to any of these records in the exercise of the right of access to information, with a view of enabling requesters to obtain records which they are entitled to in a quick, easy and accessible manner.
3.2 This Manual is available for public inspection at the physical address of Company, recorded in paragraph 4 below, free of charge; and on this website, free of charge; and on request by any person (along with payment of a prescribed fee).
3.3 The Manual is available from the designated Information Officer, whose details appear below.
3.4 The responsibility for administration of, and compliance with, PAIA and POPIA have been delegated to the Information Officer.
3.5 Requests pursuant to the provisions of PAIA and/or POPIA should be directed to the Information Officer as follows meg@onlinepethealth.com:
4. Information Regulator’s Guide
4.1 An official Guide has been compiled which contains information to assist a person wishing to exercise a right of access to information in terms of PAIA and POPIA. This Guide is made available by the Information Regulator (established in terms of POPIA).
5. Automatic disclosure
5.1 A private body may, on a voluntary basis, make available a description of categories of records that are automatically available without a person having to request access in terms of PAIA.
5.2 The only fee for access to these records may be a prescribed fee for reproduction.
6. Types and categories of records
6.1 A requester may also request information that is available in terms of other legislation, such as (the below is not an exhaustive list):
6.1.1 Competition Act 89 of 1998;
6.1.2 The Companies Act 71 of 2008;
6.1.3 The Labour Relations Act 66 of 1995;
6.1.4 Employment Equity Act 55 of 1998;
6.1.5 Basic Conditions of Employment Act 75 of 1997;
6.1.6 Compensation for Occupational Injuries and Diseases Act 130 of 1993;
6.1.7 Financial Intelligence Centre Act 38 of 2001;
6.1.8 Income Tax Act 58 of 1962;
6.1.9 Occupational Health and Safety Act 85 of 1993;
6.1.10 Unemployment Insurance Act 63 of 2001;
6.1.11 Value-added Tax Act 89 of 1991; and
6.1.12 Consumer Protection Act 68 of 2008.
7. Subject Categories of Records
The information is classified and grouped according to records relating to the following subjects and categories:
7.1 Personnel Records: “Personnel“refers to any person who works for or provides services to or on behalf of Company and receives, or is entitled to receive, remuneration and any other person who assists in carrying out or conducting the business of Company. It includes, without limitation, directors (executive and non-executive), all permanent, temporary and part-time staff, as well as contract workers.
7.2 Personal records provided by personnel include:
7.2.1 Records provided by a third party relating to Personnel;
7.2.2 Conditions of employment and other Personnel-related contractual and quasi-legal records, including job applications;
7.2.3 Internal evaluation records and other internal records;
7.2.4 Correspondence relating to, or emanating from, Personnel (internal and external to the organization); and
7.2.5 Training schedules and material;
7.2.6 Payment records (and beneficiary payments), including banking details.
7.3 Client Related Records: “Client“refers to any natural or juristic entity that receives services from Company.
7.4 Client related records include:
7.4.1 Records provided by a client to a third party acting for or on behalf of Company;
7.4.2 Records provided by a third party (for example, records from a reseller);
7.4.3 Records generated by or within Company relating to its clients;
7.4.4 Transactional records;
7.4.5 Correspondence with a client that is implicitly or explicitly of a private or confidential nature
7.4.6 Records pertaining to a client retrieved from “other sources”, such as any credit bureau or credit providers industry association.
7.5 Private Body Records which include but are not limited to records pertaining to Company’s own internal affairs:
7.5.1 Financial records;
7.5.2 Operational records;
7.5.3 Information technology;
7.5.4 Communication;
7.5.5 Administrative records, such as contracts and service level agreements;
7.5.6 Product records;
7.5.7 Statutory records;
7.5.8 Internal Policies and procedures; and
7.5.9 Human resources records.
7.6 Other Party Records:
7.6.1 Records held by Company pertaining to other parties, including without limitation, financial records, correspondence, contractual records, records provided by the other party (for example third party beneficiaries or employees of a client), and records third parties have provided about Company’s contractors / suppliers.
7.6.2 Company may possess records pertaining to other parties including, but not limited to, contractors, suppliers, and service providers and such other parties may possess records that can be said to belong to Company.
8. Processing details
8.1 In terms of POPIA, data must be processed for a specified purpose. The purpose for which data are processed by Company will depend on the nature of the data and the particular data subject. This purpose is ordinarily disclosed, explicitly or implicitly, at the time the data are collected.
8.2 Purpose of Processing
8.2.1 Personnel data
8.2.1.1 Company processes personnel data for business administration purposes. For example, personnel data are processed for payroll purposes. Personnel data are also processed to the extent required by legislation and regulation. For example, Company discloses employees’ financial information to the Commissioner for the South African Revenue Service, in terms of the Income Tax Act 58 of 1962 and employee’s sensitive personal information in terms of the Employment Equity Act 55 of 1998.
8.2.2 Client related data
8.2.2.1 Company processes client related records as an integral party of its commercial services. For example Company processes client related records during the client application and onboarding processes and for provision of a service.
8.2.2.2 This list of processing purposes is non-exhaustive.
9. Third party data
9.1 Company processes third party records for business administration purposes.
10 Other party data
10.1 Company processes “other party” records for business administration purposes. For example, Personnel data may be processed in order to effect payment to contractors and / or suppliers.
10.2 In performing these various tasks, Company may, amongst others, collect, collate, process, store and disclose personal information.
11. Categories of Data Subjects. Company holds information and records on the following category of data subject:
11.1 Employees / Personnel of Company;
11.2 Clients of Company;
11.3 Any third party with whom Company conducts its business services;
11.4 Contractors of Company;
11.5 Suppliers of Company;
11.6 Service providers of Company.
This list of categories of data subjects is non-exhaustive.
12. Recipients To Whom Personal Information Will Be Supplied
12.1 Depending on the nature of the data, Company may supply information or records to the following categories of recipients:
12.1.1 Statutory oversight bodies, regulators or judicial commissions of enquiry making a request for data (i.e. the Information Regulator in terms of POPIA);
12.1.2 Any court, administrative or judicial forum, arbitration, statutory commission, or ombudsman making a request for data or discovery in terms of the applicable rules (i.e. the Competition Commission in terms of the Competition Act 89 of 1998);
12.1.3 South African Revenue Services, or another similar authority;
12.1.4 A contracted third party who requires this information to provide services;
12.1.5 Third parties with whom Company has a contractual relationship for the retention of data (for example, a third party hosting services);
12.1.6 Research/ academic institutions;
12.1.7 Auditing and accounting bodies (internal and external);
12.1.8 Anyone making a successful application for access in terms of PAIA.
13. Planned Transborder Flows Of Personal Information
13.1 Company may transfer personal information to a third party who is in a foreign country in order to administer certain services, but may only do so subject to the provisions of POPIA. Thus internal cross-border transfers, as well as external cross-border transfers of information are envisaged, subject to the provisions of POPIA.
14. Security Measures
14.1 Company takes extensive information security measures to ensure the confidentiality, integrity and availability of personal information in Company’s possession. Company takes appropriate technical and organizational measures designed to ensure that personal data remain confidential and secure against unauthorized or unlawful processing and against accidental loss, destruction or damage.
15. Grounds for Refusal of Access to Records
15.1 Company may refuse a request for information on the following basis:
15.1.1 Mandatory protection of the privacy of a third party who is a natural person, which would involve the unreasonable disclosure of personal information of that natural person;
15.1.2 Mandatory protection of the commercial information of a third party, if the record contains:
15.1.2.1 Trade secrets of that third party;
15.1.2.2 Financial, commercial, scientific or technical information which disclosure could likely cause harm to the financial or commercial interests of that third party; and
15.1.2.3 Information disclosed in confidence by a third party to Company, if the disclosure could put that third party at a disadvantage in negotiations or commercial competition.
15.1.3 Mandatory protection of confidential information of third parties if it is protected in terms of any agreement or legislation;
15.1.4 Mandatory protection of the safety of individuals and the protection of property;
15.1.5 Mandatory protection of records which would be regarded as privileged in legal proceedings;
15.1.6 The commercial activities of Company, which may include:
15.1.6.1 Trade secrets of Company;
15.1.6.2 Financial, which, if disclosed, could put Company at a disadvantage in negotiations or commercial competition;
15.1.6.3 A computer program which is owned by Company and which is protected by copyright.
15.1.7 Requests for information that are clearly frivolous or vexatious, or which involve an unreasonable diversion of resources shall be refused.
16. Access procedure
16.1 A requester is any person making a request for access to a record of, or held by, Company. The requester is entitled to request access to information, including information pertaining to third parties, but Company is not obliged to grant such access. Apart from the fact that access to a record can be refused based on the grounds set out in paragraph 15 above, in order to successfully access information the requester must fulfil the prerequisite requirements for access in terms of PAIA, including the payment of a request and access fee.
17. Access Request Procedure
17.1 A requester requiring access to information held by Company must complete the prescribed Access Request Form, available here: https://www.justice.gov.za/forms/paia/J752_paia_Form%20C.pdf, submit it to the Information Officer at the physical address or electronic mail address recorded in paragraph 5 and pay a request fee (and a deposit, if applicable).
17.2 In order to facilitate a timely response to requests for access, all requesters should take note of the following when completing the Access Request Form:
17.2.1 The Access Request Form must be comprehensively completed.
17.2.2 Proof of identity is required to authenticate the identity of the requester. Therefore, in addition to the access request form, requesters will be required to supply a copy of their identification document.
17.2.3 Every applicable question must be answered. If a question does not apply “N/A” should be stated in response to that question. If there is nothing to disclose in reply to a particular question “Nil” should be stated in response to that question.
17.2.4 The Access Request Form must be completed with enough particularity to enable the Information Officer to identify:
17.2.4.1 The record(s) requested;
17.2.4.2 The identity number of the requester;
17.2.4.3 The form of access required if the request is granted;
17.2.4.4 The postal address or fax number of the requester.
17.3 The requester must also state that he or she requires the information in order to exercise or protect a right, and clearly state the nature of the right to be exercised or protected. In addition, the requester must clearly specify why the record is necessary to exercise or protect such a right.
17.4 If a request is made on behalf of another person, then the requester must submit proof of the capacity in which the requester is making the request to the reasonable satisfaction of the Information Officer.
17.5 If an individual is unable to complete the prescribed form because of illiteracy or disability, such a person may make the request orally.
17.6 The requester will be informed in writing whether access has been granted or denied. If, in addition, the requester requires the reasons for the decision in any other manner, he must state the manner and the particulars so required.
18. Payment Of Fees
18.1 Payment details can be obtained from the Information Officer and can be made either via a direct deposit, by bank guaranteed cheque or by postal order. Proof of payment must be supplied when the Access Request Form is submitted.
18.2 The prescribed fee is set out below in Annexure 1.
18.3 Note that the requester may lodge a complaint to the Information Regulator or an application with a court against the tender or payment of the request fee.
18.4 If the search for, and the preparation of, the record for disclosure would, in the opinion of the Information Officer, require more than 6 hours, the requester may be required to pay as a deposit one third of the access fee (the fee which will be payable if the request is granted).
18.5 Note that the requester may lodge a complaint to the Information Regulator or an application with a court against the tender or payment of the deposit.
18.6 If a deposit has been paid in respect of a request for access which is subsequently refused, then the Information Officer must refund the deposit to the requester.
18.7 The requester must pay the prescribed fee before any processing, or any further processing, can take place.
19. Third Party Notification
19.1 Company must take all reasonable steps to inform a third party to whom or which a requested record relates if the disclosure of that records would –
19.1.1 involve the disclosure of personal information about that third party;
19.1.2 involve the disclosure of trade secrets of that third party; financial, commercial, scientific or technical information (other than trade secrets) of that third party, the disclosure of which would be likely to cause harm to the commercial or financial interests of that third party; or information supplied in confidence by a third party, the disclosure of which could reasonably be expected to put that third party at a disadvantage in contractual or other negotiations; or to prejudice that third party in commercial competition;
19.1.3 constitute an action for breach of a duty of confidence owed to a third party in terms of an agreement; or
19.1.4 involve the disclosure of information about research being, or to be, carried out by or on behalf of a third party, the disclosure of which would be likely to expose the third party, a person that is or will be carrying out the research on behalf of the third party, or the subject matter of the research, to serious disadvantage.
19.2 Company will inform the third party as soon as reasonably possible, but in any event, within 21 days after that request is received.
19.3 Within 21 days of being informed of the request, the third party may-
19.3.1 make written or oral representations to the Information Officer why the request for access should be refused; or
19.3.2 give written consent for the disclosure of the record to the requester.
19.4 Company will notify the third party of the outcome of the request. If the request is granted, adequate reasons for granting the request will be given.
19.5 The third party may lodge a complaint to the Information Regulator or an application with a court against the decision within 30 days after notice is given, after which the requester will be given access to the record after the expiry of the 30 day period.
20. Notification of Decision
20.1 The Information Officer will, within 30 days of receipt of the request, decide whether to grant or decline the request and give notice with reasons (if required) to that effect.
20.2 The 30 day period, within which Company has to decide whether to grant or refuse the request, may be extended for a further period of not more than 30 days if the information cannot reasonably be obtained within the original 30 day period. For example, the time period may be extended if the request is for a large amount of information, or the request requires Company to search for information held at another office of Company.
20.3 The Information Officer will notify the requester in writing should an extension be required. The requester may lodge a complaint to the Information Regulator or an application with a court against the extension.
21. Remedies Available for Refusals for a Request for Information
21.1 All complaints, by a requester or a third party, can be made to the Information Regulator or a court, in the manner prescribed below.
21.2 The requester or third party, as the case may be, may submit a complaint in writing to the Information Regulator, within 180 days of the decision, alleging that the decision was not in compliance with the provisions of PAIA.
21.3 The Information Regulator will investigate the complaint and reach a decision – which may include a decision to investigate, to take no further action or to refer the complaint to the Enforcement Committee established in terms of POPIA. The Information Regulator may serve an enforcement notice confirming, amending or setting aside the impugned decision, which must be accompanied by reasons.
21.4 An application to court maybe brought in the ordinary course. For purposes of PAIA, any reference to an application to court includes an application to a Magistrates’ Court.
PRIVACY POLICY
BY ACCESSING AND USING THIS WEBSITE AND/OR OUR SERVICES, THE USER IS PROVIDING THEIR EXPRESS AND VOLUNTARY CONSENT TO THE PROCESSING OF THEIR PERSONAL INFORMATION BY PET SOLUTIONS CC T/A ONLINE PET HEALTH (“THE COMPANY”) ON THE BASIS SET OUT IN THIS PRIVACY NOTICE. IF THE USER DOES NOT CONSENT, THE USER MUST IMMEDIATELY STOP ACCESSING AND/OR USING THIS WEBSITE AND OUR SERVICES.
1. Introduction
1.1 COMPANY collects, uses and, in some circumstances, shares the personal information of Users in and through this website and during the provision of services to you.
1.2 COMPANY respects the rights of Users whose personal information is collected and used by it, including their right to protection against the unlawful collection, retention, sharing and use of such personal information.
1.3 The purpose of this Privacy Policy is to provide Users with information about the information processing activities of COMPANY and the manner in which their rights are protected.
1.4 This Privacy Policy shall serve as a blanket notification to Users about COMPANY’s processing activities which will remain valid for as long as one has an active account with or is using the services of COMPANY, including the browsing of this website. Users will not be notified separately on each occasion that COMPANY processes the same personal information in the same way over the period.
1.5 COMPANY may amend the provisions of this Privacy Policy to comply with any changes in the law, and/or pursuant to any changes to its information processing activities or privacy practices. Such amendments will be published on the website and will become operable from the date of such publication.
1.6 This privacy policy, and the interpretation and enforcement thereof, will be governed by the laws of the Republic of South Africa.
1.7 The provisions of this Privacy Policy is, as far as possible, be incorporated into any agreement between COMPANY and Users.
2. Definitions and interpretation
2.1 In this Privacy Policy, the following words bear the following meanings:
2.1.1 ‘’consent’’ means any voluntary, specific and informed expression of will in terms of which permission is given by or on behalf of a User for the processing of their personal information;
2.1.2 ‘‘direct marketing’’ means to approach a data subject, either in person or by mail or electronic communication, for the direct or indirect purpose of promoting or offering to supply any goods or services to the data subject;
2.1.3 ‘’information officer’’ means the head of COMPANY from time to time.
2.1.4 ‘‘operator’’ means an outside third party who processes personal information for or on behalf of COMPANY in terms of a contract or mandate;
2.1.5 ‘’personal information’’ means any information linked to a User or information that can identify a User, including but not limited to:
2.1.5.1 information relating to a User’s gender, nationality, ethnic or social origin age, language;
2.1.5.2 a User’s e-mail address, physical address, telephone number, location information or online identifier;
2.1.5.3 a User’s financial information including banking details and invoice information;
2.1.5.4 a User’s personal opinions, views or preferences;
2.1.5.5 correspondence sent by a User which is of a private or confidential nature;
2.1.5.6 the User’s special personal information, including without limitation information about a User’s health; and
2.1.5.7 the User’s name if it appears with other personal information relating to that User, or if the disclosure of their name on its own would reveal further personal information about that User;
2.1.6 ‘’POPIA’’ means the Protection of Personal Information Act of 2013, including any regulations or codes of conduct promulgated under it;
2.1.7 ‘’PAIA’’ means the Promotion of Access to Information Act 2 of 2000;
2.1.8 ‘’process or processing’’ means, in relation to personal information, any operation or activity or any set of operations, whether or not by automatic means, including:
2.1.8.1 the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use of that information;
2.1.8.2 dissemination by means of transmission, distribution or making available in any other form; or
2.1.8.3 merging, linking, as well as restriction, degradation, erasure or destruction of that information;
2.1.9 “special personal information” means the religious or philosophical beliefs, race or ethnic origin, trade union membership, political persuasion, health, sex life or any biometric information of a User; and may include criminal behaviour of a User to the extent such data relates to the alleged commission of the User of an offence or any proceedings in respect of any offence allegedly committed by a User or the disposal of such proceedings
2.1.10 “services” means the services provided to any User by COMPANY;
2.1.11 ‘’User’’ means a visitor or user of this website, or any of the content or services associated with this website; and
2.1.12 ‘’the website’’ means the website or any part thereof which is accessible from www.onlinepethealth.com.
2.2 Any reference in this Privacy Policy to:
2.2.1 the singular includes the plural and vice versa;
2.2.2 any one gender includes the other genders, as the case may be;
2.2.3 an act, regulation or other law is to the version of that law in force at the effective date of this Policy and includes any amendment or re-enactment made to that law after the effective date of this Policy.
2.3 When calculating any number of days for the purposes of this Policy, the first day must be excluded and the last day of the relevant interval included, unless the last day is not a business day, then the last day will be the next succeeding business day.
2.4 The word “include” means “include without limitation”. Use of the word ‘’include’’ or ‘’in particular’’ is for illustration or emphasis only and where followed by specific examples must not be interpreted as limiting the meaning of the general wording preceding it.
2.5 A requirement that any Policy, request, demand or other communication made in terms of this Privacy Policy must be in writing will be met if it is in the form of a data message as defined in the Electronic Communications and Transactions Act, No. 25 of 2002, and is accessible in a manner usable for subsequent reference, provided that this policy may not be amended as such.
3. Responsible party
3.1 COMPANY will be the party who will be collecting and processing a User’s personal information and as such is designated as the ‘’responsible party’’ for the purposes of this Policy.
3.2 COMPANY‘s contact details are as follows:
3.2.1 Email address: info@onlinepethealth.com
3.2.2 Website address: www.onlinepethealth.com
3.3 COMPANY may instruct third party operators from time to time to undertake certain processing activities relating to the User’s personal information.
4. What personal information is collected
4.1 COMPANY may collect the following personal information from the User:
4.1.1 Initials, first name, surname;
4.1.2 Date of birth;
4.1.3 Email address;
4.1.4 Age and language preference;
4.1.5 Gender;
4.1.6 Cellphone number;
4.1.7 Physical address;
4.1.8 Employment details;
4.1.9 Company registration and VAT number; and
4.1.10 Identity or passport number.
4.2 The supply of personal information by the User to COMPANY is voluntary and not mandatory. However, if the User refuses to supply any personal information, certain consequences may naturally flow from such a refusal, such as preventing COMPANY from concluding or performing any contract with the User, or preventing COMPANY from complying with one or more of its obligations in law.
4.3 There is no applicable law which directly requires or authorises COMPANY to collect a User’s personal information.
5. Purpose/s for collection and processing of personal information
5.1 COMPANY shall only collect a User’s personal information for a specific, explicitly defined and lawful purpose relating to a function or activity of COMPANY‘s business.
5.2 Such purposes may include the following:
5.2.1 to enter into a contract with a User;
5.2.2 to perform any obligations under a contract with a User;
5.2.3 to comply with a legal obligation;
5.2.4 to protect a legitimate interest of a User (unless the User has specifically objected in writing to all or some of the processing activities on reasonable grounds);
5.2.5 to pursue its own legitimate interests or the legitimate interests of a third party who it is sharing the information with (unless the User has specifically objected in writing to all or some of the processing activities on reasonable grounds);
5.2.6 to process personal information for direct marketing purposes (only if the User has opted in to receiving any direct marketing material);
5.2.7 to customise and display content to the User in a way that COMPANY feels may interest the User or be most beneficial to them;
5.2.8 to send content including, but not limited to products, articles, listings and advertisement content to the User via email or other electronic media, where the User has consented to be contacted by COMPANY with such content;
5.2.9 to enable the User to voluntarily participate in interactive features;
5.2.10 to notify the User about changes to the website or services.
5.3 If COMPANY intends to process a User’s personal information for any other purpose not listed in clause 5.2 or which is otherwise not automatically permitted by law, it shall ensure that it obtains the User’s written consent to do so.
5.4 COMPANY will not sell a User’s personal information to any third party without the prior written consent of the User.
6. Collection directly from user
6.1 COMPANY shall, as far as possible, always collect personal information about a User directly from the User, except in the following circumstances:
6.1.1 Where personal information is collected from a public record, or from another source if the information has already been made public by the User;
6.1.2 where the User has given their written consent to COMPANY to collect their information from another source;
6.1.3 where the collection of a User’s personal information from another source will not prejudice any of the User’s legitimate interests;
6.1.4 where the collection of personal information from another source is necessary to maintain COMPANY’s legitimate interests or those of any third party it intends sharing the information with;
6.1.5 where the collection of personal information directly from the User would prejudice the purpose for the collection;
6.1.6 where the collection of personal information directly from the User is not reasonably practicable in the circumstances.
6.2 If COMPANY collects personal information from a source other than the User, it shall record in writing the details of that source, including the full names and contact details of that source where applicable.
6.3 Personal information may be collected from or supplied by the User in any of the following ways:
6.3.1 when subscribing to a service;
6.3.2 when requesting further services or information from COMPANY;
6.3.3 when contacting COMPANY to report a problem with the website or the services or for any other reason;
6.3.4 when completing any forms on the website.
6.4 The User may visit the website without providing any personal information. However, the website’s servers may still collect technical information regarding the use of the website, which is aggregated for analytical purposes, technical maintenance and for improving the content offered on the website. Such information may include details of the User’s visit, information about the User’s computer, including IP (Internet Protocol) address, operating system and browser type, the User’s location, and usage information. An individual User will not be identified from or by this information and COMPANY is entitled to copy, distribute or otherwise use such information without limitation.
7. Cookies
7.1 “Cookies” are small text files transferred by a webserver to a User’s hard drive and thereafter stored on their computer. The types of information a Cookie collects includes a User’s username, the date and time of their visits to the website, their browsing history and preferences.
7.2 COMPANY may use Cookies on this website to:
7.2.1 distinguish one User from another on the website;
7.2.2 remember the User’s last session when they return to the website;
7.2.3 estimate the website’s audience size and usage patterns;
7.2.4 store information about the User’s preferences, which allows COMPANY to customize the website and content according to the Users individual preferences; and
7.2.5 speed up searches on the website.
7.3 The provisions of this clause are only applicable to Cookies used by COMPANY. In some instances, third-party service providers may use Cookies on the website. COMPANY cannot and does not control or access Cookies used by third party service providers and takes no responsibility therefore.
7.4 The User has the right and ability to either accept or decline the use of Cookies on their computer’s web browser, whether they are logged in as a member, or simply casually visiting the website. However, declining the use of Cookies may limit a User’s access to certain features on the website.
8. General conditions for processing personal information
8.1 COMPANY shall comply with all laws, contracts or regulations when it processes a User’s personal information.
8.2 COMPANY shall not act unreasonably when processing a User’s personal information. This means that it will collect and process a User’s personal information in a way that the User can reasonably expect and in a way that is fair.
8.3 COMPANY shall respect the User’s right to privacy at all times. If there is another way in which it can achieve the same goal without posing any risk of harm to the privacy rights of the User, then it will choose that option.
8.4 Similarly, if COMPANY needs to process personal information but there are less privacy-invasive methods of collecting, using and sharing that information, then it will use those methods.
8.5 COMPANY shall ensure that the personal information that is collected and processed is and remains relevant to the identified purpose/s for such processing, and that such information is and remains adequate, but not excessive, for achieving the identified purpose/s.
8.6 If there are any alternative ways to achieve the identified purpose/s without processing personal information, COMPANY shall not process that personal information.
8.7 COMPANY shall ensure that the processing activities it chooses to apply are proportionate to achieving the identified purpose/s and that no less privacy invasive measures are available to achieve the same purpose/s.
8.8 COMPANY shall ensure that, regardless of the stated purpose/s for processing personal information, the rights and interests of Users will not be unnecessarily prejudiced or infringed, unless it cannot be avoided, and then in such cases, it shall ensure that its own rights and/or interests justify such prejudice or infringement taking place.
8.9 COMPANY shall be entitled to store the personal information of Users indefinitely unless the User objects thereto. In the event a User objects to the indefinite storage, once COMPANY has achieved the purpose for the collection of the User’s personal information, it will destroy or delete such information, unless the User has directed otherwise in writing, or COMPANY is required by law to retain the information for a longer period of time.
8.10 If COMPANY no longer needs to process personal information to achieve the purpose originally specified, it will stop using that information.
9. Disclosure and sharing of personal information
9.1 COMPANY may, in the course of providing any content or services on this website, or for the purposes of concluding or performing any other services or transaction with a User, share certain personal information with third party operators who perform certain processing activities on behalf of COMPANY.
9.2 The information shared and the categories of third party operators with whom it is shared will always be notified to you prior to being shared.:
9.2.1 Regulators or government departments; and
9.2 2 Professional advisers.
9.3 COMPANY may also share aggregated information about Users of this website and their usage patterns. COMPANY may also use such aggregated information to help advertisers target specific audiences. Such aggregated information will be de-identified and the User’s personal information will not be disclosed.
9.4 Other than as stated in clause 9.1 and 9.3, COMPANY shall not share a User’s personal information with any third parties unless it has the User’s express consent to do so.
10. User’s rights in relation to the processing of their personal information
10.1 Users shall have the following rights in relation to the processing of their personal information:
10.1.1 to access and correct any personal information held by COMPANY about them;
10.1.2 to object to the processing of their information; and
10.1.3 to lodge a complaint with the Information Regulator.
10.2 Users may make a request in terms of clause 10.1.1 by following the process for making such a request as set out in COMPANY’s PAIA manual.
11. Further processing
11.1 COMPANY shall not process a User’s personal information for any purpose not previously specified except in the following circumstances:
11.1.1 where the User has consented to such further processing;
11.1.2 where the further processing is necessary for the exercise of any contractual rights or the fulfillment of any obligations between COMPANY and the User;
11.1.3 where the further processing activities are linked to or compatible with the original purpose;
11.1.4 where the further processing is necessary for the prevention, detection, investigation, prosecution and punishment of an offence;
11.1.5 where the further processing is necessary to enforce any law;
11.1.6 where the further processing is necessary for the conduct of legal proceedings in any court or tribunal that have commenced or are reasonably contemplated;
11.1.7 where the further processing is necessary to prevent or mitigate a serious and imminent threat to the life or health of the User or another individual;
11.1.8 where the further processing is necessary for historical, statistical or research purposes.
11.2 COMPANY shall ensure that if it intends processing personal information for other purposes not previously specified, it shall notify the User of such further purposes and the possible consequences of the intended further processing for the User.
12. Accuracy, correctness and completeness of personal information
12.1 COMPANY shall take reasonably practicable steps to ensure that the personal information kept by it about Users is complete, accurate, not misleading and is updated when necessary.
12.2 However, if a User is aware of any personal information in COMPANY’s custody that is incorrect, inaccurate or which needs to be updated, the User must make a written request to COMPANY’s information officer at meg@onlinepethealth.com to update or correct the relevant information.
12.3 If a User has contested the accuracy of any personal information being used by COMPANY, it shall immediately stop using that information until its accuracy has been verified.
12.4 COMPANY reserves its right to only adhere to a request from a User in terms of clause 12.2 if the correction or updating of that information will result in the personal information being correct and accurate.
12.5 Where personal information that has been shared by COMPANY with a third party is subsequently updated or corrected, COMPANY shall ensure that all third parties, with whom that information was shared, receives the updated and/or corrected version of the information as soon as it has been updated and/or corrected.
13. Security safeguards
13.1 COMPANY is committed to protecting the personal information in its custody against any loss of, damage to or unauthorised destruction of that information, and to prevent any unauthorised parties from accessing that information.
13.2 COMPANY takes steps to continually identify and document any risks to the personal information it has in its possession or under its control and that appropriate security safeguards are in place against those risks.
13.3 COMPANY shall ensure that in any contracts entered into with third party operators who process personal information on COMPANY’ behalf, include the following obligations:
13.3.1 the operator shall not process any personal information without COMPANY’s knowledge and authority;
13.3.2 the operator shall treat all personal information given to it as confidential and shall not disclose it to any unauthorised third parties;
13.3.3 the operator shall establish and maintain adequate security measures which are the same or offer similar protection over the personal information as that employed by COMPANY;
13.3.4 the operator shall notify COMPANY immediately where there are reasonable grounds to believe that any personal information has been leaked to or accessed by any unauthorised person;
13.3.5 if the operator is situated in another country, it must comply with the data protection laws in that country and be able to provide verification that it is so compliant;
13.3.6 if an operator is legally obliged to disclose any personal information processed by them on COMPANY’ behalf to other parties, it must notify COMPANY beforehand to enable COMPANY and/or individual Users to protect their rights if necessary.
13.4 COMPANY shall ensure that all personal information on its systems is properly backed-up and that back-up copies are stored separately from the live files.
14. Notification of breach of security
14.1 If personal information about a User is inadvertently leaked or COMPANY’s security has been unlawfully breached by any unauthorised party, COMPANY shall immediately identify the relevant Users who may be affected by the security breach, and shall contact them at their last known email address or contact details or by the quickest means possible.
14.2 COMPANY shall provide sufficient information to the User to allow him or her to take the necessary protective measures against the potential consequences of the compromise, or shall advise Users of the steps to be taken by them and the possible consequences that may ensue from the breach for them.
15. Decisions based on personal information processed
15.1 If COMPANY is required to make a decision about a User using any personal information that has been obtained, it shall ensure that a record of such information and the decision made is kept for a reasonable period of time to give the User an opportunity to request access to that record.
15. 2 COMPANY shall allow a User a reasonable opportunity to make representations before any decision is made solely on the basis of the personal information processed, if that decision will affect the legal position of the User, or will otherwise adversely affect them in some manner or form.
15.3 COMPANY shall always ensure that the underlying logic behind any decision made pursuant to the automated processing of personal information is sound and that this underlying logic can be communicated to the User to enable them to make representations.
15.4 If COMPANY has made a decisions based on incorrect personal information, it shall immediately revisit that decision as soon as it receive Policy or becomes aware of the error or inaccuracy of that information.
16. Linked third party websites
16.1 This website may contain links or references to other websites, including those of advertisers (“third party websites“) which are not under COMPANY’s
16.2 The provisions of this Privacy Policy are not applicable to third party websites and COMPANY shall not responsible for the information processing practices and/or privacy policies of those third party websites, or the cookies that those websites may use.
17. Marketing
17.1 The User may object, free of charge, and without unnecessary formality, to the use of their details either when the information was first collected from them or when each subsequent electronic communication is sent to them by COMPANY.
17.2 The User can opt out of receiving further marketing communications by un-ticking certain boxes on the forms used on the website to collect their personal information, or by contacting COMPANY at info@onlinepethealth.com.
18. Children’s personal information
18.1 COMPANY shall not process any personal information relating to a person under the age of 18 years unless it has obtained consent from that person’s parent or legal guardian. If this website is being accessed by the parent or guardian of a child under the age of 18 years, and personal information pertaining to that child is being provided by the parent or guardian, then they hereby expressly consent to COMPANY processing such information according to the further provisions of this Privacy Policy.
19. Cross border transfers of personal information
19.1 COMPANY may transfer personal information to another country in the following circumstances:
19.1.1 the transfer is necessary for the performance of a contract that COMPANY has with the User;
19.1.2 the transfer is necessary for the conclusion or performance of a contract with a third party which is for the benefit of or in the interest of the User;
19.1.3 the transfer is otherwise for the benefit of the User; or
19.1.4 the User has consented to the transfer of their information.
19.2 If COMPANY is required to transfer personal information from South Africa to a third party in a foreign country, such foreign country may not have data protection laws with a similar or adequate level of protection as POPIA.
20. Retention of information
20.1 COMPANY will keep a record of any personal information collected for no longer than agreed by the User or as is necessary to achieve the specific purpose for which it collected such information in the first place unless:
20.1.1 It is required by law to keep a record of such information for a longer period of time; or
20.1.2 It needs to keep a record of such information for another lawful purpose; or
20.1.3 It has a contractual obligation to keep a record of such information; or
20.1.4 The User has consented to their information being kept for a longer period.
20.2 COMPANY may, if it has de-identified personal information, kept such information for historical, statistical or research purposes. COMPANY shall ensure that appropriate safeguards are in place to prevent those records from being used for any other purposes, or against the information being re-identified.
21. Returning, destroying or deleting personal information
21.1 Where COMPANY is no longer authorised to retain a record of any personal information, it shall either:
21.1.1 ensure that the information is permanently destroyed or deleted as soon as reasonably practicable; or
21.1.2 return the information to the User or transfer it to a third party, if requested by the User in writing to do so.
22. Consent
22.1 The User hereby consents to the processing of their personal information in terms of the provisions of this Privacy Policy.
22.2 The User acknowledges and agrees that such consent has been given voluntarily after the User has read and understood the provisions of this Privacy Policy, in particular, regarding the following:
22.2.1 the types of personal information to be processed, including specifically special personal information;
22.2.2 the specific processing activities to be undertaken;
22.2.3 the specific purpose/s for such processing; and
22.2.4 the possible consequences for the User that may arise from such processing.
22.3 Should a User wish to withdraw any consent previously given by the User, they must notify COMPANY’s information officer in writing.
23. Lodging an objection
23.1 A User may, on reasonable grounds, object to the processing of their personal information at any time after that processing has started.
23.2 If a User wishes to object to the processing of their personal information, they must send written Policy of their objection to COMPANY’s information officer, together with their reasons for doing so.
24. Choice of Law
This Privacy Policy shall be governed and interpreted in accordance with the laws of the Republic of South Africa.
25. Amendment of this privacy policy
25.1 COMPANY reserves the right to change, update, add, remove and/or amend any of the provisions of this Privacy Policy from time to time. Such changes, updates, additions, removals or amendments will become effective from the date of their publication on this website.
25.2 It is the User’s obligation to periodically check the provisions of this Privacy Policy for any such changes, updates, additions, removals or amendments.
25.3 The User’s continued use of this website following any changes, updates, additions, removals or amendments to this Privacy Policy will be considered Policy of the User’s acceptance to abide by and be bound by this Privacy Policy, as amended.
Contact
For more information on your rights to privacy over your information, or the information processing activities of COMPANY, please do not hesitate to contact us directly on info@onlinepethealth.com
Date of last update: 22 January 2025