1 Introduction
1.1 This is the Privacy Policy of the Children’s Cardiac Foundation of Africa Trust (Foundation), a charitable trust that funds medical treatments for children in Africa with cardiac diseases. This Privacy Policy applies to all personal information collected by the Foundation, including the personal information of the Foundation’s funding applicants, beneficiaries, the guardians of funding applicants and beneficiaries where applicable, donors, sponsors, employees, suppliers and independent contractors and users of the Foundation’s website, available at https://tccfa.org, and other platforms (collectively you). Some parts of this Privacy Policy are however relevant only to some of you.
1.2 The Foundation respects privacy rights and complies with all laws in respect of the handling of your personal information, including the collection, use, storage, sharing and disposal.
1.3 This Privacy Policy aims to help you understand how the Foundation handles personal information when you interact with the Foundation through any medium.
1.4 Further notices highlighting certain uses the Foundation wishes to make of your personal information together with the ability to opt in or out of selected uses may also be provided from time to time when the Foundation collects personal information from you.
1.5 This document does not apply to any third party websites which may be accessible through links on the Foundation’s websites or platforms. The Foundation makes no representations or warranties about the privacy practices of any third party website and does not accept any responsibility for the privacy practices of, or content displayed on, these third party websites. Third party website providers are responsible for informing you about their own privacy practices.
2 What personal information does the Foundation handle?
2.1 When used in this Privacy Policy, the term “personal information” has the meaning given to it in the Protection of Personal Information Act, 2013 (POPI). Generally speaking, personal information is any information that can be used to personally identify a natural or juristic person.
2.2 Personal information that the Foundation collects, when you interact with it, may include, where applicable, your name, address, identity / passport / registration number, contact details, travel information, profession or occupation, Health Professions Council of South Africa practice numbers, banking related information for the purposes of making payments to you, employer information and health, race and other information relating to you which the Foundation lawfully receives and which may be relevant to its relationship with you.
2.3 If the information that the Foundation collects personally identifies you, or you are reasonably identifiable from it, the Foundation will treat it as personal information.
2.4 If you supply the Foundation with personal information about other people or organisations (for example if you are an independent contractor providing information about a patient), you represent that you have the authority to provide this information on their behalf and you should direct them to this Privacy Policy. In these instances, you represent that the people to whom this information relates have been informed of and understand the reason(s) for obtaining the information and the manner in which this information will be used and disclosed, and have consented to such use and disclosure. The Foundation will rely on your representation that you have lawfully obtained and conveyed the relevant personal information to the Foundation.
3 How does the Foundation collect your personal information?
The Foundation collects your personal information directly from you in various ways, namely:
(1) when you apply for, or the Foundation provides you with, funding for medical treatments or procedures;
(2) when you provide any service to the Foundation or which will be paid for by the Foundation, including in relation to the medical treatments funded by the Foundation;
(3) when you make donations to the Foundation, including when you donate towards or fund any of the medical treatments to be paid for by the Foundation;
(4) through your appointment to the Foundation’s panel of medical advisers;
(5) through your employment relationship with the Foundation;
(6) through your agreement to provide services to the Foundation as a volunteer;
(7) through your access and use of the Foundation’s website; LinkedIn page and YouTube channel;
(8) when you register to receive any of the Foundation’s publications or newsletters or attend any of the events that the Foundation hosts or organises; and
(9) when you communicate with the Foundation in any way.
3.2 The Foundation also collects your personal information from third parties, including credit bureaus, medical practitioners/ hospitals (with your consent only), your bank, your employer, medical aid schemes and any public information sources, which will include information that you publish on your social media.
4 What happens if the Foundation is not permitted to collect your personal information?
If you do not provide the Foundation with personal information, where it requires it, the Foundation may not be able to:
(1) consider your funding application;
(2) approve your funding application or provide funding;
(3) provide you with documentation to assist you with travel arrangements and visa applications;
(4) contract with you as a service provider;
(5) accept your donations;
(6) appoint you to the Foundation’s panel of medical advisers;
(7) employ you;
(8) accept your services as a volunteer;
(9) pay you for services provided to beneficiaries of the Foundation;
(10) provide you with the Foundation’s publications, brochures and newsletters; or
(11) customise the content of the Foundation’s websites or other platforms according to your preferences for a more enjoyable experience.
5 For what purposes does the Foundation handle your personal information?
The Foundation usually handles your personal information for the purposes of:
(1) processing applications for funding;
(2) determining whether an applicant should be provided with funding;
(3) paying for medical treatments or procedures;
(4) contacting you for direct marketing purposes where permitted or where you have consented to receive direct marketing communication from the Foundation (you will always have the option to opt out of direct marketing);
(5) promoting the Foundation and raising awareness of children in need of cardiac treatments or procedures;
(6) raising funds;
(7) administering the Foundation’s relationship with you, including receiving products and services;
(8) meeting legal or other regulatory obligations imposed on the Foundation;
(9) auditing and managing the use of the Foundation’s websites and other platforms;
(10) updating the Foundation’s records; and
(11) processing and responding to any complaints.
6 Who does the Foundation disclose your personal information to?
6.1 The Foundation may disclose your personal information to:
(1) its employees, affiliates, contractors or third party service providers in connection with approving your funding application, paying for medical treatments or procedures or generally in connection with the Foundation’s relationship with you;
(2) the panel of volunteer medical advisors appointed by the Foundation to make a decision regarding whether funding should be granted to a beneficiary;
(3) the Trustees of the Foundation;
(4) any third parties that the Foundation engages on your behalf, or with whom you engage directly, in connection with approving your funding application or with medical treatments or procedures funded by the Foundation, including medical specialists, legal practitioners, and third party service providers or experts;
(5) its insurers and professional advisors, including its accountants, business advisors and consultants;
(6) law enforcement or regulatory bodies as required by law; and
(7) any other juristic or natural person for any authorised purpose with your express consent.
7 Does the Foundation disclose your personal information to anyone outside South Africa?
7.1 Your personal information may need to be transferred to, or stored with third party suppliers and service providers, such as medical service providers, located overseas for some of the purposes listed above.
7.2 Where your information is transferred overseas, your rights will continue to be respected and the Foundation will take all reasonable steps to ensure transferred personal information is kept secure and receives a similar level of protection as that which it receives in South Africa.
8 Security and data quality
8.1 The Foundation may hold your personal information in either electronic or hard copy form. In both cases the Foundation takes reasonable and appropriate steps to ensure your personal information is protected from misuse and loss and from unauthorised access, modification or disclosure.
8.2 Personal information is destroyed or de-identified when no longer needed or when the Foundation is no longer required by law to retain it (whichever is the later).
9 How can you access and correct your personal information?
9.1 You have the right to contact the Foundation at any time requesting:
(1) confirmation that the Foundation has your personal information;
(2) access to the records containing your personal information or a description of the personal information that the Foundation holds about you; and
(3) the identity or categories of third parties who have had, or currently have, access to your personal information.
9.2 When making a request the Foundation requires adequate proof of your identity which will include providing a certified copy of your identity / registration documents.
9.3 The Foundation will try to provide you with suitable means of accessing information, where you are entitled to it, by for example, posting or emailing it to you.
9.4 There may be instances where the Foundation cannot grant you access to your personal information. For example, if your access would interfere with the privacy of others or would result in a breach of confidentiality or legal professional privilege, the Foundation may need to refuse access. If the Foundation refuses you access, it will give you written reasons for its refusal.
9.5 If you believe that any personal information that the Foundation holds about you is inaccurate, irrelevant, outdated, incomplete or misleading, you may request the Foundation to correct it in the form prescribed by law. If you believe that any personal information that the Foundation holds about you is excessive or has been unlawfully obtained or that the Foundation is no longer authorised to retain the information, you may request that the Foundation destroys or deletes it in the form prescribed by law. The Foundation will consider whether the information requires correction, deletion or destruction and if it does not agree that there are grounds for action, you may request that the Foundation adds a note to the personal information stating that you disagree with it.
9.6 The Foundation may charge you a reasonable fee to cover its administrative and other reasonable costs in providing the information to you. The Foundation will not charge you for simply making the request or for making any corrections to your personal information.
10 Unlawful access to your personal information
10.1 If you believe that your personal information has been unlawfully accessed or acquired, please contact the Foundation using the contact information below and provide details of the incident so that the Foundation can investigate it.
10.2 The Foundation will treat your complaint confidentially (unless otherwise required by law), investigate your complaint and aim to ensure that your complaint is resolved within a reasonable time.
11 Changes to your personal information
Should your personal information change, please inform the Foundation and provide it with all changes to your personal information as soon as reasonably possible to enable the Foundation to update your personal information.
12 Contact information
If you have any questions about this Privacy Policy or any general concerns or if you would like to lay a complaint regarding the treatment of your personal information or a possible breach of your data privacy, please contact the Foundation’s information officer using the information below:
Name: Niresh Bechan
Post: CEO
Tel: +27 60 976 2671
Email: ceo@tccfa.org