THE PROTECTION OF PERSONAL INFORMATION ACT
PRIVACY NOTICE
The Protection of Personal Information Act 4 of 2013, (“POPIA/The Act”) and the Regulations promulgated thereunder give effect to the right to privacy provided by section 14 of the Bill of Rights of the Constitution of the Republic of South Africa 1996 since we sell and service our products internationally, we also take into account the Protection of Personal Information legislation in each jurisdiction.
The Company has developed this notice in order to comply with the aforesaid requirements and to further demonstrate our commitment to protecting your privacy and to ensure that your personal information is collected and used properly, lawfully and transparently.
About the Company
Southern Implants is a private Company and a member of the Medical Device Manufacturers of South Africa (MDMSA) industry sector, as well as member of the South African Medical Technology Industry Association (SAMED).
The Company is structured to undertake the fulfilment of its mandate as outlined in its vision statement. Its key mandate is to continuously strive towards the supply of the most effective and innovative dental implant products for improved treatment efficiency.
The information we collect
We collect and process your personal information mainly to contact you for the purpose of notification of events, promotional and special offers on our products, or any other relevant company news. For this purpose, we will collect contact details including your name and practice information.
We collect information directly from you where you provide us with your personal details. Where possible, we will inform you what information you are required to provide to us and what information is optional.
Website usage information may be collected using “cookies” which allows us to collect standard internet visitor usage information.
How we use your information
We will use your personal information only for the purposes for which it was collected and agreed with you. In addition, where necessary your information may be retained for legal or research purposes.
For example:
- To gather contact information;
- To confirm and verify your identity or to verify that you are an authorised user for security purposes;
- For the detection and prevention of fraud, crime, money laundering or other malpractice;
- To conduct market or customer satisfaction research or for statistical analysis;
- For audit and record keeping purposes;
- In connection with legal proceedings.
Disclosure of information
We may disclose your personal information to our service providers who are involved in the delivery of products or services to you. We have agreements in place to ensure that they comply with the privacy requirements as required by the Protection of Personal Information Act.
We may also disclose your information:
- Where we have a duty or a right to disclose in terms of law or industry codes;
- Where we believe it is necessary to protect our rights.
Information Security
We are legally obliged to provide adequate protection for the personal information we hold and to stop unauthorised access and use of personal information. We will, on an on-going basis, continue to review our security controls and related processes to ensure that your personal information remains secure.
Our security policies and procedures cover:
- Physical security;
- Computer and network security;
- Access to personal information;
- Secure communications;
- Security in contracting out activities or functions;
- Retention and disposal of information;
- Acceptable usage of personal information;
- Governance and regulatory issues;
- Monitoring access and usage of private information;
- Investigating and reacting to security incidents.
When we contract with third parties, we impose appropriate security, privacy and confidentiality obligations on them to ensure that personal information that we remain responsible for, is kept secure.
We will ensure that anyone to whom we pass your personal information agrees to treat your information with the same level of protection as we are obliged to.
Your Rights: Access to information
You have the right to request a copy of the personal information we hold about you. To do this, simply refer to the relevant process and contact details as provided in our PAIA Manual and specify what information you require. You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive.
Correction of your information
You have the right to ask us to update, correct or delete your personal information. We will require valid proof of identification before making changes to personal information we may hold about you. We would appreciate it if you would keep your personal information accurate.
Definition of personal information
According to the Act ‘‘personal information’’ means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person. Further to the POPI Act, Southern Implants also includes the following items as personal information:
- All addresses including residential, postal and email addresses.
- Change of name
How to contact us
If you have any queries about this notice; you need further information about our privacy practices; wish to withdraw consent; exercise preferences or access or correct your personal information, please refer to the Company’s PAIA Manual for the Deputy Information Officers contact information.
California Compliance Declaration
At Southern Implants North America (SINA), we hold ourselves to the highest standards of business conduct. We comply with the laws and regulations that affect our activities in North America and have established and operate under a Comprehensive Compliance Program that is reasonably designed to prevent and detect violations.
Distinction of Medical Device Manufacturers
The Advanced Medical Technology Association Code of Ethics on Interactions with Health Care Professionals (the “AdvaMed Code”) recognizes that the medical device industry is significantly different than the pharmaceutical industry. Consistent with the United States Department of Health and Human Services Office of Inspector General (HHS-OIG) Guidance, we have tailored our Comprehensive Compliance Program to the nature of our business as a distributor of medical devices.
California law refers to compliance with the PhRMA Code on Interactions with Healthcare Professionals. However, we distribute medical devices rather than pharmaceutical products and have therefore formally adopted the AdvaMed Code, which is substantially similar to the PhRMA Code. We believe that adherence to the AdvaMed Code constitutes compliance with the PhRMA Code for purposes of satisfying the requirements of California law.
Description of Comprehensive Compliance Program
Based on our good faith understanding of the statutory requirements, we believe that we have established a Comprehensive Compliance Program compliant with the requirements of California Health and Safety Code §§119400-119402. We have developed this Comprehensive Compliance Program tailored to the size, organizational structure, and resources of the company, and implemented to meet the compliance goals set forth by the State of California.
Each of the Companies has established an annual limit of $1,500 per business segment for meals and educational items as the aggregate value of the items or activities that may be provided to California healthcare professionals pursuant to the requirements of Cal. Health & Safety Code § 119402 (S.B. 1765), which excludes the value of travel expenses for attendance at company medical education and product training meetings; samples; patient education materials; evaluation units; items used for the provision of charity care; and fair market value payments for bona fide
healthcare services provided by a healthcare professional.
SINA has developed and distributes written compliance standards, procedures, and practices that guide the conduct of its associates. SINA has established a management compliance committee to assist in the continued implementation of its compliance program.
SINA has developed and implemented regular, effective education and training programs for all relevant associates.
Qualifiers
Government standards on compliance programs recognize that no program can completely prevent individual employees from improper conduct. While we do not represent that every employee will always fully comply and we cannot completely eliminate the possibility that an employee will violate these standards, the purpose of our Comprehensive Compliance Program is to help identify and deter potential violations and discipline employees as necessary.
Timeframe Covered
This declaration is made as of May 14, 2024. We believe that in all material respects, SINA is in compliance with its Comprehensive Compliance Program and the requirements of California Health & Safety Code §§ 119400-119402.