2. Definitions and interpretation
“Data” means any data (including Personal Information) provided to APEX by a User.
“Personal Information” means any Data or Information about an identifiable User, said information including information collected automatically when a user visits the Website, the information collected in any manner including but not limited to access of the website, registration, submission, and information provided voluntarily. Personal information may include but not limited to an identification number, a password, contact information, address information, financial information.
Personal information excludes:
1) information that has been made anonymous so that it does not identify a specific person;
2) permanently de-identified information that does not relate or cannot be traced back to a User, specifically;
- non-personal statistical information collected and compiled by APEX; and
- information that a User has provided voluntarily in an open, public environment or forum including any blog, chat room, community, classifieds, or discussion board, and therefore, has been made a part of the public domain.
1) a visitor to the APEX website; or
2) a customer who has requested the APEX Products.
“Website” means the APEX website, namely www.apexhealth.co.za
3. Collections and use
When a User visits the website, a User is not anonymous to APEX and the Data of the User may be collected by APEX. To assist in combatting of online fraud, APEX may also record the IP address of a User when adding Data.
Information is automatically received and recorded by APEX on APEX’s server logs from the browser of a User, including an IP address, cookie information, and the like. APEX has no control over third party websites visited by the User prior / subsequent to visiting the APEX website.
Personal Information of the User may be collected and processed for the following purposes:
- Product purposes – such as requests for and providing any required products and / or related services;
- marketing purposes – such as pursuing lawful related marketing activities;
- business purposes – such as internal audit, accounting, business planning, and joint ventures, disposals of business, or other proposed and actual transactions; and
- legal purposes – such as handling claims, complying with regulations, or pursuing good governance.
APEX may use User usage information for the purposes described above and to:
- Remember User information so that you will not have to re-enter it during a User’s visit or the next time it accesses the website;
- Monitor website usage metrics such as total number of visitors and pages accessed; and
- Track User entries, submissions, and status in any promotions or other activities in connection with a User’s usage of the website.
A User may amend it’s Personal Information at any required time and the Personal Information of a third party user may be sent to APEX by a User, where the permission of the third party has been obtained.
Users may also provide additional information to APEX on a voluntary basis (optional information) which includes information on content or products for upload or download from the Website or when you enter competitions, take advantage of promotions, respond to surveys, order certain additional products / services, or otherwise use the optional features and functionality of the APEX website.
In the instance of telephone calls made by Users to APEX, the calls will be recorded unless the User specifically requested not to do so.
4. Accurate and up to date information:
APEX will attempt to keep the Personal Information it collects as accurate, complete and up to date as is necessary for the purposes defined in this policy and Users may be requested to update their Personal Information on the Website. In order to safeguard a User’s Personal Information, APEX requests verification of a User’s identity before granting access to any User account or making any corrections to personal information.
APEX may send administrative messages, email updates and the like to a User regarding the Website. User Personal Information may also be used to improve the Website and for APEX to fulfil any obligations is may have, to the User.
All Users shall be over the age of 18 years old and APEX shall not be held liable for any person under the age of 18 years old accessing the website.
6. Usernames and passwords
APEX may share your personal information with:
- APEX services providers under contract who help provide certain services which require the use of User Personal Information under strict control;
- Credit bureaus to report account information, as permitted by law;
- Other third parties who provide us with relevant services where appropriate, specifically including by not limited to security and law enforcement entities for the purposes of prevention, detection investigation or proof of offences.
- Regulators who require disclosure of User Personal Information as required by law or governmental audit;
- Employees of APEX which require Personal Information to conduct their respective jobs which may include management, human resources, accounting, audit, compliance, information technology, or other personnel; or
- Information which is required by (1) a subpoena or court order; (2) to comply with any law; and or (3) to protect the safety of any individual or the general public.
APEX may change the terms of this policy at any time by updating the website and any party accessing the website shall be notified of any changes to the Policy by placing a notice in a prominent place on the website.
In the case where a User does not agree with the changes, the User must stop using the Website. If a User continues to use the Website following notification of a change to the terms, the changed terms will apply to the User and the User would have deemed to have accepted the updated terms.
Cookies may be placed on a Users device when the User visits the APEX website. These files contain a personal identifier allowing us to associate a User’s Personal Information with a certain device. Cookies serve a number of useful purposes for a User, including:
- Granting a User access to age restricted content;
- Tailoring the APEX website’s functionality to a User personally by letting APEX remember a User’s preferences;
- Improving how the APEX website performs;
- Allowing third parties to provide services to the APEX website; and
- Helping APEX deliver targeted advertising where appropriate in compliance with applicable laws.
Cookies can be deleted manually. However, no longer accepting cookies or deleting them will prevent you from accessing certain aspects of the APEX website, where cookies are necessary.
Third party cookies
The APEX website may contain electronic image requests (called a single-pixel gif or web beacon request) that allow APEX to monitor and / or count page views and to access cookies. APEX merely utilises information collected by Web Beacons to compile anonymous information about it’s website.
10. Change of ownership
If APEX undergoes a change in ownership, or a merger with, acquisition by, or sale of assets to, another entity, it may assign its rights to the personal information of the Users to a successor, purchaser, or separate entity.
The change of ownership will be disclosed to Users at the transfer on the website. If concerned about Personal Information transferred to a new owner, a User may request APEX to delete the User’s personal information.
11. Confidentiality and security
APEX takes client confidentiality very seriously and all User Personal Information on the APEX website is considered confidential and APEX will do all that is necessary to maintain the secrecy thereof.
APEX shall always do its best to comply with applicable data protection laws and host its Website in a secure server environment that uses a firewall and other advanced security measures to prevent interference or access from outside intruders.
APEX will never sell or trade any User Personal Information and will never make Personal Information available except when said disclosure is required by law or if required for the safety of any individual or the general public, and / or disclosure the Personal Information to an independent arbitrator who is registered with the Foundation of Arbitration Southern Africa (AFSA) should a dispute be unresolved and the matter be agreed to be referred for arbitration.
APEX may disclose aggregate statistics (information about the customer population in general terms) about the Data to advertisers or business partners.
APEX will retain a User’s Personal Information at its discretion and shall, for as long as it is necessary, utilise the Personal Information to fulfil the purposes explicitly set out in this policy, unless:
- retention of the record is required or authorised by law; or
- the User has consented to the retention of the record.
During the period of retention, APEX will continue to maintain the secrecy and confidentiality of a User’s Personal Information and will not share or sell same.
13. Unauthorised use of APEX information systems
Any unauthorised use of the APEX information systems is a violation of the Terms and applicable laws, and such violations are subject to relevant to civil and criminal penalties.
APEX shall monitor, read, stop / intercept, block, filter, delete, and disclose any communication over its information system.
APEX is not responsible for and gives no warranties, nor makes any representations in respect of the privacy policies or practices of linked or any third party websites.
15. Cross-border transfer of personal information
APEX may transmit or transfer Personal Information outside the resident jurisdiction of the User and therefore, it may be required that Personal Information be stored on servers located in another country where laws protecting Personal Information may be different to the jurisdiction where the User resides.
Personal Information may be processed by APEX in the Country where it was collected.