Advanced Global Medical Solutions (Pty)Ltd (AGMS) provides healthcare services and doctors to a host of mobile healthcare environments.

 

As part of our services to you, we will receive, create, use, and disclose certain medical information about you, which is designated as “medical records” and is subject to the privacy and security requirements of the National Health Act 61 of 2003 (“NHA”) and Protection of Personal Information Act (no 4 of 2013) (“POPIA”).

 

This notice explains how we process your personal information in accordance with the (“POPIA”).  It will help you to understand how we collect and use your information, and under which circumstances we may, or are legally obligated, to share your information.

 

In addition to POPIA and the NHA, the confidentiality and privacy policies and procedures of Advanced Global Medical Solutions (Pty)Ltd (AGMS) are informed by and in accordance with the following acts, rules, regulations and ethical guidelines: 

• Consumer Protection Act (no 68 of 2008)
• Health Professions Act (no 56 of 1974)
• Medical Scheme Act (no 131 of 1998)
• Promotion of Access to Information Act (no 2 of 2000)
• Protection of Personal Information Act (no 4 of 2013)

as well as the Ethical Rules of Conduct as set out by the Health Professions Council of South Africa (HPCSA).

 

Consent

By engaging in our services, you give your informed consent for the collection, use, and disclosure of your personal information as described in this Privacy Policy. You have the right to withdraw your consent at any time by contacting us using the email address dataprivacy@agmedicalsolutions.com .

 

Types of Personal Information

The term “Personal Information” in this notice refers to information that can identify you as an individual. Personal Information is information that enables us to uniquely identify you such as your full names, address, identification number, next of kin, memberships to societies, etc.

 

 

Personal Information will also include sensitive personal information such as information about your racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic or biometric data, physical or mental health. 

 

 

We apply the following principles to protect your privacy:

• We only collect the Personal Information that is necessary.
• We only use Personal Information for the purposes specified in this Privacy Policy unless you are advised otherwise.
• We do not keep Personal Information longer than needed for lawful purposes; and
• We only share your Personal Information as specified in this Privacy Policy and/or permitted in terms of the law or otherwise as agreed with you.

 

 

What Personal Information does Advanced Global Medical Solutions (Pty)Ltd (AGMS) collect?  

During your consultation with an Advanced Global Medical Solutions (Pty)Ltd (AGMS) Healthcare Provider, in person or telehealth interactions (live, two-way remote interaction between patients and providers   e.g. video conference), we may collect and use certain Personal Information necessary for the provision of healthcare services.

Advanced Global Medical Solutions (Pty)Ltd (AGMS) only collects lawfully permitted information.  This includes, but is not limited to, the following:

• Your name, contact details, biometric information and other information as required for administration purposes, including relevant billing information.
• Appointment dates and times as well as information relating to any other contact you have with Advanced Global Medical Solutions (Pty)Ltd (AGMS) such as telephone calls and emails.
• Medical records– which include diagnostic and treatment information and information about you given to Advanced Global Medical Solutions (Pty)Ltd (AGMS) with your consent.
• Referral records.
• Public and private body records, such as the Medical Certificate required in terms of an act.

 

How does Advanced Global Medical Solutions (Pty)Ltd (AGMS) collect your Personal Information?

Advanced Global Medical Solutions (Pty)Ltd (AGMS) will keep your Personal Information confidential.  Advanced Global Medical Solutions (Pty)Ltd (AGMS) is committed to the informed,

 

consensual and limited collection of essential and relevant personal Information.  Information is collected directly from you through

 

the forms you complete, information shared during consultations with Advanced Global Medical Solutions (Pty)Ltd (AGMS) Healthcare Providers (face to face and/or virtual consultations) and other information intentionally shared by you or someone you nominate. 

 

 

With your explicit permission and/or as permitted by law, personal Information can also be collected from other sources such as your regular doctor or other healthcare providers.  Advanced Global Medical Solutions (Pty)Ltd (AGMS) will inform you, if appropriate, if any personal Information about you is given to the practice in an unsolicited manner.

 

Why and how does Advanced Global Medical Solutions (Pty)Ltd (AGMS) use your Personal Information?  

• To provide you with healthcare services:
• For administrative purposes, such as billing procedures

 

Disclosures to third parties

Under certain clearly defined circumstances, Advanced Global Medical Solutions (Pty)Ltd (AGMS) is legally obligated, or has the legal right, to share your personal Information, without your consent.  Advanced Global Medical Solutions (Pty)Ltd (AGMS) will endeavour to notify you should this ever be applicable to you.

Advanced Global Medical Solutions (Pty)Ltd (AGMS) will use and disclose your personal Information for the normal business activities related to the provision of healthcare services.

Below we provide examples of those activities, although not every use or disclosure falling within each category is listed: 

• Treatment

           We keep a record of the health information you provide us. This record may include your test results, diagnoses, medications, your response to medications or other therapies, and information we learn about your medical condition through provision of the healthcare services.  We may disclose this information so that other healthcare providers, nurses, and entities such as laboratories can meet your health care needs. 

• Payment

We document the services and supplies you receive when we are providing care to you so that you, your medical insurance scheme or another third party can refund you / pay for services.

• Our Services

Your Personal Information is used to improve the services we provide, to train staff and students, for business management and quality improvement. For example, we may use your health information to review our treatment and services and to evaluate the performance of our staff in caring for you. 

 

 

We may also disclose your Personal Information in the following circumstances:

• Disclosure as obligated by Law.
• Disclosure to Medical Schemes / insurance: It is mandatory to include an ICD-10 (International Statistical Classification of Diseases and Related Health Problems – 10th Revision).  
• Disclosure for Debt Collection: Should you default on payment, credit-related information concerning you may be disclosed to a credit bureau or attorney.  In addition, Advanced Global Medical Solutions (Pty)Ltd (AGMS) may be required to release reasonable information for the purpose of protecting a medical scheme against fraud.
• Disclosure to protect the business: Advanced Global Medical Solutions (Pty)Ltd (AGMS) will release reasonable information for the purpose of protecting its own legitimate interests, rights and property.
• Other 3rd party access or potential access to your personal information: If Advanced Global Medical Solutions (Pty)Ltd (AGMS) has a contract with a third party, whose services require the processing of, or potential access to, your personal Information,  eg auditors and IT support.

 

Advanced Global Medical Solutions (Pty)Ltd (AGMS) will ensure that your personal information is protected.   Advanced Global Medical Solutions (Pty)Ltd (AGMS) makes use of confidentiality contracts with service providers and gives preference to providers that have their own established privacy practices. 

 

How do we protect your Personal Information?

We secure the integrity and confidentiality of personal information in our possession or under our control by taking appropriate and reasonable technical and organisational security measures to prevent:

• Loss of, damage to or unauthorised destruction of Personal Information; and
• Unlawful access to or processing of Personal Information.

We have taken reasonable measures to:

• Identify all reasonably foreseeable internal and external risks to Personal Information in our possession or under our control.
• Establish and maintain appropriate safeguards against the risks identified.
• Regularly verify that the safeguards are effectively implemented.

 

 

• Ensure that the safeguards are continually updated in response to new risks or deficiencies in previously implemented safeguards.

 

All data transmitted, achieved and stored on the cloud server, located within the South African is encrypted to protect its confidentiality. 

 

• Access Controls: We limit access to your Personal Information to those employees, agents, contractors and other third parties who need access to perform the services.
• We implement role-based access controls to ensure that only authorised Healthcare Providers will be able to access clinical records.

 

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, WhatsApp, voicemail, facsimile, electronic health record, and related technology to share your Personal Information. 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.

 

Retention of Personal Information

We will retain your Personal Information for no longer than is necessary or permitted by applicable law. Currently the Health Professions Council of South Africa requires that the records of an adult be stored for 6 years after the last date of treatment. Once you no longer make use of the services of Advanced Global Medical Solutions (Pty)Ltd (AGMS), we will retain and, once required, securely destroy your Personal Information in accordance with our data retention policy and applicable laws and regulations.

In some circumstances we may anonymise your Personal Information so that it can no longer be associated with you, in which case we may use such information without further notice to you. 

 

Your rights over your Personal Information

You have the right to ask us to update, correct or delete your Personal Information, unless the law requires us to keep it. Where we cannot delete your Personal Information, we will take all practical steps to de-personalise it. Where Advanced Global Medical Solutions (Pty)Ltd (AGMS) is required by law to collect and keep Personal Information, we shall do so.

 

At a minimum, this includes the following legislation: 

• Medical Schemes Act, 1998;
• The Consumer Protection Act, 2008
• The Protection of Personal Information Act, 2013
• Electronic Communications and Transactions Act, 2002
• Promotion of Access to Information Act, 2002.

 

The Promotion of Access to Information Act (PAIA)

The PAIA was passed to give effect to the constitutional right, held by everyone in South Africa, 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. 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. 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. We will take all reasonable steps to confirm your identity before providing details of your personal information in respect of a formal request for such information. We are entitled to charge a fee for this service and will let you know what it is at the time of your request. 

 

Contact Information

If you have any questions, concerns, or requests regarding this Privacy Policy or the handling of your personal information, please contact us at:

 

Advanced Global Medical Solutions (Pty)Ltd (AGMS)

Unit 103, The Foundry Courtyard

74 Prestwich Street, Green Point, 8001

Email:  dataprivacy@driving.health

 

Should you believe that the processing of your personal information is in contravention with the applicable data protection laws, you can lodge a complaint with the Information Regulator. The following link has their contact details: https://www.justice.gov.za/inforeg/contact.html 

 

 

Review and Revision

This Patient Confidentiality Policy will be reviewed regularly to ensure its effectiveness and compliance with relevant legislation and regulations.

Amendments may be made as necessary, and all employees will be notified of any changes.