myScript - Terms

myScript Terms of Use and Services

By accessing or using myscriptapp.co.za or any of its related blogs, websites, applications or platforms (collectively, "the Website"), owned by Maverick Trading 1562 C.C. T/A "myScript" (reg: 2010/058921/23) ("myScript") or any of its Services, you agree that you have read, understood and agree to be bound to the terms and conditions contained herein ("Terms"), in conjunction with any additional myScript terms particularly applicable to you and the Services you utilise. All rights in and to the content of the Website always remain expressly reserved by myScript.

Please see myScript's distinct sections on Privacy, Intellectual Property, and Disclaimers & Indemnities.

Please pay specific attention to the BOLD paragraphs of the myScript Terms. These paragraphs limit the risk or liability of myScript, constitutes an assumption of risk or liability by you, impose an obligation by you to indemnify myScript or is an acknowledgement of any fact by you.

Please read these terms carefully before accessing or using the Website or Services. myScript will assume you have read and understood these terms should you continue to access or make use of the Website.

It is important to note the following:

The terms "user", "you" and "your" are used interchangeably in these Terms and refer to all persons accessing the Website or using the Services for any reason whatsoever. Accordingly, the terms "us", "our" or "we" refers to myScript or its possession.
Not all terms are necessarily defined in order.
These terms were last updated on 22 September 2020

myScript's functions:
myScript is strictly a software-as-a-service ("SaaS") provider.

myScript is not a Medical Service nor a Medical Device provider and is accordingly not regulated by the South African Health Professions Council or any other health/medical related regulator.

1. INTRODUCTION TO THE WEBSITE AND SERVICES

1.1. myScript provides an online platform providing various services, including but not limited to providing electronic prescription ("e-script") services to be used between the Website's various user types, being medical practitioners ("Practitioners"), medical patients ("Patients") and pharmacists ("Pharmacists")(collectively, the "Services"). The Website and Services can be used by the relevant parties to create, transmit, store, record and use e-scripts online and securely throughout South Africa.
1.2. These Terms explain the conditions applicable to how users must make use of the Website and the core provisions applicable to a user's use of any Services derived from myScript. Depending on the exact Services used, a user may also need to conclude additional agreements with myScript, which agreements will contain more specific details relating to the exact Service acquired, including exact services and fees to be expected.
1.3. These Terms expressly supersede prior agreements or arrangements with you. myScript may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny you access to the Services or any portion thereof, at any time, for any reason.
1.4. In return for using some of the Services available, the user may have to pay a fee to myScript or another third party ("Fee"), but same Fee will be detailed to you on the Website before you incur such a Fee, or in any further Service-specific agreement you may conclude with myScript or another third party.
1.5. In order to use the Services, users must register on the Website using the prompted methods and submit any required information to create a user "Profile". Practitioners, Patients and Pharmacists will all need to register their own Profiles in their varying capacities, as prompted by the Website.
1.6. The Website and these Terms are subject to change without notice. These Terms are updated or amended from time to time and will be effective upon MyScript uploading the amended Terms to the Website. Your continued access or use of the Website constitutes your acceptance to be bound by the Terms, as amended. It is your responsibility to read these Terms periodically to ensure you are aware of any changes.
1.7. Unauthorised use of the Website and/or Services may give rise to a claim for damages and/or be a criminal offence.

2. RELATIONSHIP BETWEEN THE PARTIES
2.1. For all Services provided, myScript only provides software and does not have an employment, agent, intermediary, advisory, representative nor broker relationship with any user. Your use of the Website or the Services is entirely at your own risk and based on your own volition and expertise.

2.2. myScript does not provide any regulated medical, financial, advisory nor payment services. As such, the Services are not subject to oversight or regulation by any regulatory authority in South Africa, other than those concerning general consumer rights.

2.3. Your personal medical and financial situation is unique, and it is your responsibility, given your individual circumstances, to use any information obtained through the Services appropriately and responsibly when implementing your decisions.

3. USER REGISTRATION PROCESS

3.1. To make use of the Services as either a Practitioner, Patient or Pharmacist, you must complete the necessary registration process detailed on the Website and acquire a Profile. Each user shall have only one (1) Profile and agrees to provide accurate, current and complete information during the registration process and to update such information as and when it changes.
3.2. myScript requires you to submit your full name, email address, physical and postal address, professional registration number (e.g. HPCSA, Pharmacy Council, ID number, and phone number when registering a Profile. Users may then set up additional features of their Profile, depending on the exact Services acquired, as prompted by the Website (i.e. Practitioners may need to provide different information to register a Profile than a Patient).
3.3. To protect your privacy and security, the Website takes reasonable steps to verify your identity by sending SMS One Time Pins, Using identity verification company API's and taking your location in order to grant access to your Profile and data. To view or change your personal information provided, you can log in to your profile or ask a verified medical professional user in the myScript system to update your details.
3.4. By entering your personal information on the Website, you warrant that the person using the Website is you and/or you have the legal authority to act on behalf of a corporate entity. You are responsible for your Profile and all actions perpetrated therewith and thereon, and you should not share your login details or password with anyone, as you will be liable for all actions perpetrated using your Profile (frequently or otherwise).
3.5. Please see myScript' Privacy Policy regarding more details on how MyScript uses and processes your personal information.

4. THE SERVICES AND PROFILES

Profiles:

4.1. Once registered, the user is allocated a unique Profile which is under their control and which can be manipulated by the relevant Profile owner using the various tools made available on the Website. Some of the features of the Website used by a user may automatically make adjustments or manipulate a Profile in accordance with the tool's functions.
4.2. Depending on which exact type of user you are (i.e. Patient, Practitioner or Pharmacist), your Profile will also indicate other information relevant for you, such as:

4.2.1. For Practitioners:your medical practice number, your practice address, your specialisations, your created e-scripts per Patient, your address, your hpcsa number and Advanced Electronic Signature (AES);
4.2.2. For Patients: your personal e-script history per Practitioner, your past e-scripts, your current e-scripts for dispensing, your family members, your address and cellphone number
4.2.3. For Pharmacists: a store of all e-scripts dispensed with which Patient, orders for new e-scripts from Patients, practice numbers, your practice number, your pharmacy council number

Services:

4.3. For further and exact information on the various Services currently offered by myScript, or those specific to you, please contact info@myscriptapp.co.za who will gladly assist.
4.4. For general information purposes, and subject to further information relating to these Services made available by myScript on the Website or elsewhere, the following details some of the exciting offerings which constitute our Services available to users:

4.4.1. Services for Practitioners:

4.4.1.1. Once logged-in, Practitioners can draft e-scripts for Patients using the simple-to-use drafting tool which has all of the elements prescribed for inclusion on all medical prescriptions in South Africa. Practitioners can then send the e-script to the relevant Patient using secure and simple transmission methods on the Website.
4.4.1.2. A Practitioner can also keep track of all e-scripts they have ever drafted and dispensed, and to which parties and when; all in one safe and user-friendly location.
4.4.1.3. All Practitioner prescriptions can also be validated using a QR code that each e-script has.
4.4.1.4. For more information on how this Service works, please see our "FAQ" page.

4.4.2. Services for Patients:

4.4.2.1. Patients can request that the Practitioner draft and send them their repeat e-script via the Website, where once sent, the Patient's e-script will be stored safely on their Profile, for them to later retrieve and send to their chosen Pharmacist to dispense the e-script with. The patient can also get once off prescriptions from their prescriber through our platform.
4.4.2.2. Patients can keep track of which of their e-scripts have been dispensed or not, as well as where same were dispensed. The Patient's e-script history can also be provided to other Practitioners and Pharmacists on the Website, should the Patient wish to share such information with them.
4.4.2.3. The patient can also add family members and/or dependents and pay for their medication.

4.4.3. Services for Pharmacists:

4.4.3.1. Pharmacists can receive e-scripts directly from Patients online, and dispense the relevant medicine for quick and easy collection/delivery to the relevant Patient.
4.4.3.2. Pharmacists no longer have to worry about problematic medical prescriptions produced by Practitioners and handled by Patients, as the E-scripts created via the Website are clearer, ever-lasting and cannot be manipulated.
4.4.3.3. Using their online Profile linked to other Patients, Pharmacists can also retain a complete record of every e-script ever processed through them (per Patient and otherwise), and retain such information clearly and safely for inspection or later use.
4.4.3.4. Pharmacists can validate the authenticity of printed prescriptions by scanning the attached QR codes which will redirect to the platform and validate the prescription.

5. PAYMENT FOR MYSCRIPT SERVICES

5.1. myScript will charge a Fee to the user making use of the Services
5.2. Payments can be made in cash by paying the amount to the healthcare professionals or via linked debit or credit card which will be debited using our payment provider, such as PayGate.
5.3. Invoices for all transactions where payments are made will be sent to you via email.
5.4. All applicable fees will be communicated to you before your prescription is created or will be included in your medical consultation invoice.
5.5. All amounts stated on the Website or in relation to Services shall exclude Value Added Tax ("VAT"), and will be exclusive of any other applicable taxes/fees, unless otherwise stated and required by law. If any such taxes/fees apply to your use of the Services and the Fee charged, same will be indicated to you before you enact any transactions.
5.6. You may contact myScript via email at info@myscriptapp.co.za to obtain a full record of your transactions with myScript.
5.7. The provision of services by myScript is subject to availability. In cases of unavailability, myScript will refund the client in full within 30 days.
5.8. When a client buys medication from a pharmacy via myScript the highest amount of the prescription medication will be debited. The change amount will be paid back to the user within 30 days or they can bank the amount on the platform for later use.
5.9. Payment may be made via Visa, MasterCard, Diners or American Express Cards or by bank transfer into the myScript’s bank account, the details of which will be provided on request.
5.10. Card transactions will be acquired for (Your Company) via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
5.11. The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).

6. USER RESPONSIBILITIES AND WARRANTIES

6.1. By using the Website and/or the Services, you warrant that:

6.1.1. you expressly understand that the Services are not regulated medical services nor medical devices, but is strictly a consumer SaaS;
6.1.2. you have read and agreed to these Terms and will use the Website and Services in accordance with them;
6.1.3. you expressly understand that you will use the independent and distinct services of authorised and regulated third-party service providers (such as Practitioners and Pharmacists) to actually use their regulated medical services, and will not do so with MyScript itself. The MyScript SaaS merely facilitates your engagement with these third-party regulated service providers;
6.1.4. you have not made any misrepresentations and the information provided in the registration process about you, your company and/or your status is true, accurate and complete in every aspect;
6.1.5. you will strictly adhere to all applicable legislation governing your provision of a regulated service when using the SaaS Website and its tools (such as the need for Practitioners to complete medical prescriptions in particular mandatory ways);
6.1.6. you are not considered a United Nations "Specially Designated National" and/or on the United Nation's "Blocked Persons List" and/or are not confirmed by any government or other national authority to be a person or entity who has any restrictions on their capacity to trade freely and/or internationally, for whatever reason;
6.1.7. you are above the age of 18 (eighteen) years old and have the lawful capacity to understand, agree with and be bound with these Terms;
6.1.8. you lawfully possess and submit all information to the Website and/or MyScript for the use of it or the Services;
6.1.9. you will not post, upload, replicate or transmit any abusive content on the Website that is or could reasonably be considered to be threatening, harassing, defamatory, abusive, racist, sexist, discriminatory, in breach of confidence, in breach of privacy or restrict any user in any way from properly using the Website;
6.1.10. you will not send any unsolicited electronic messages or use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Website including but not limited to uploading or making available files containing corrupt data or viruses via whatever means or deface, alter or interfere with the front end ‘look and feel' of the Website or the underlying software code;
6.1.11. you are solely responsible for withholding, collecting, reporting and remitting the correct amounts of tax and/or medical information to the appropriate tax and/or health authorities emanating from any transactions or actions you have performed on the Website and/or through the Services;
6.1.12. you will operate the Website and fulfil your duties in accordance with any law, regulation or license to which you are subject by virtue of any regulated service you may provide (for Practitioners and Pharmacists);
6.1.13. you understand that when using the services of any third party connected to the Services that they may have their own terms and conditions of service for their services provided to you, and that you may be simultaneously bound by them;
6.1.14. you will not infringe the intellectual property or other rights of any third party or the Website or transmit content that the user does not own or does not have the right to publish or distribute;
6.1.15. you will not use the Website platform for any commercial purpose other than as expressly provided for by myScript herein;
6.1.16. you will not use the Website to breach any applicable law or regulation or perform or encourage any illegal activity including (without limitation) promoting or facilitating money laundering or financial crimes; and/or
6.1.17. you will not facilitate or assist any third party to do any of the above, failing which, such action will automatically and immediately be deemed to be a material breach of these Terms, allowing MyScript to manifest all of its rights in the case of breach, including but not limited to denying you access to the Website/Services, reporting your actions to an applicable authority, demanding specific performance and/or suing you for damages.

6.2. The Website is only available on compatible devices connected to the internet. It is your responsibility to obtain these devices and any data network access necessary to utilise the Website. The network's data and messaging rates and fees may apply if you use the Website and you shall be responsible for such rates and fees.
6.3. Without prejudice to any of myScript' other rights (whether at law or otherwise), myScript reserves the right to deny you access to the Website or the Services where MyScript believes (in its reasonable discretion) that you are in breach of any of these Terms.

6.4. myScript does not guarantee that the Website, or any portion thereof, will function on any particular hardware or device, or in any and all jurisdictions.

7. KYC AND AML REQUIREMENTS

7.1. A user's ability to make use of various parts of the Website or particular Services, may be regulated by applicable know-your-customer ("KYC") and/or anti-money laundering ("AML") laws and the respective rules and regulations.
7.2. myScript may, at various times and depending on a range of factors in its sole discretion, including the amount of a transaction actioned and/or the exact nature of the user, require that a user submit certain information to myScript and/or its authorised third-party service providers in order for the user to be verified as not infringing any of myScript's KYC and/or AML requirements and/or local or foreign laws. This information may include identity documents, passport documents and/or bank account information. myScript reserves the right to limit or terminate a user's access and use of the Services should the user fail to adhere to these requirements to the standard required by myScript. MyScript also reserves the right to share this information with any legal authority when required under applicable laws.
7.3. myScript may restrict user transactions that may violate laws or myScript's internal KYC or AML conditions herein and as updated from time to time.

8. RECEIPT AND TRANSMISSION OF DATA MESSAGES

8.1. Data messages, including email messages, sent by you to myScript will be considered to be received only when acknowledged or responded to.
8.2. Data messages sent by myScript to you will be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.
8.3. myScript reserves the right not to respond to any email or other data message which contains obscene, threatening, defamatory or otherwise illegal, unlawful or inappropriate content, and to take appropriate action against the sender of such email or data message where necessary.
8.4. Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost or corrupted. myScript is therefore not responsible for the accuracy or safety of any message sent by email or automated systems over the internet, whether from myScript to a user, between users or from a user to myScript.

9. HYPERLINKS, DEEP LINKS, FRAMING

9.1. The Website may include links to other internet sites ("the other sites"). myScript does not own or endorse the other sites and is not responsible for the information, material, products or services contained on or accessible through the other sites. Any such hyperlinks do not imply any endorsement, agreement on or support of the content or products of such target sites.
9.2. myScript does not purport to own the content on other sites which may be shown on the Website. Should the owner of any content showcased on the Website want the content to be removed, please write to info@myscriptapp.co.za to request the removal of such content.
9.3. The user's access and use of the other sites remain solely at the user's own risk and on the terms set by the relevant third-party operator of the other sites.

10. ADVERTISING AND SPONSORSHIP

10.1. The Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in the Website complies with all applicable laws and regulations.
10.2. myScript, its members, employees, suppliers, partners, affiliates and agents accordingly exclude, to the maximum extent permitted in law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.

11. INTELLECTUAL PROPERTY PROTECTION

"the intellectual property"

11.1.1. For clarity, all rights to any intellectual property provided by a user to the Website (such as a Practitioner's practice logo) will remain with the user, but for which the user has provided myScript with a non-exclusive, non-transferable licence to use such user intellectual property as myScript deems fit on the Website and/or in advertising, for as long as the user remains registered on the Website.

11.2. Subject to the rights afforded to you in these Terms, all other rights to all intellectual property on the Website are expressly reserved. You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell or transfer any intellectual property, editorial content, graphics or other material on the Website or the underlying software code whether in whole or in part, without the written consent of myScript first being granted, which consent may be refused at the discretion of myScript. No modification of any intellectual property or editorial content or graphics is permitted. Should you breach these provisions, myScript and/or the rightful intellectual property rights owner may launch legal proceedings against you for a breach of contract, resulting in a claim of damages against you.
11.3. myScript reserves the right to make improvements or changes to the intellectual property, information, artwork, graphics and other materials on the Website, including that of a user in their Profile, or to suspend or terminate the Website, at any time without notice; provided that any transactions or functions already concluded through the Website, will not be affected by such suspension or termination (as the case may be).
11.4. Where any of the Website intellectual property has been licensed to MyScript or belongs to any third party, other than that which has been submitted by a user to the Website in the use of the Services, all rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
11.5. Subject to adherence to the Terms, MyScript grants to users a personal, non-exclusive, non-assignable and non-transferable license to use and display all content and information contained in the Website on any machine which the user is the primary user. However, nothing contained on the Website or in these Terms should be construed as granting any licence or right to use any intellectual property without the prior written permission of MyScript.
11.6. Any enquiries regarding any of the above relating to intellectual property must be directed to MyScript at info@myscriptpp.co.za.

12. DATA PRIVACY AND PROTECTION

12.1. We respect your privacy and your personal information, and will take special and required measures to protect it, as more fully detailed in our Privacy Policy. 13. DISCLAIMERS AND WARRANTIES

13.1. The Website and Services, including any intellectual property appearing therein, are provided "as is" and "as available". MyScript makes no representations or warranties, express or implied, including but not limited to warranties as to the accuracy, correctness or suitability of either the Website, the Services or the information contained in it.
13.2. All information or opinions of users made available on the Website in relation to any of the Services are those of the authors and not myScript. While myScript makes every reasonable effort to present such information accurately and reliably on the Website, myScript does not endorse, approve or certify such information, nor guarantee the accuracy or completeness of such information on the Website.
13.3. MYSCRIPT, ITS MEMBERS, EMPLOYEES AND PARTNERS, ACCEPT NO LIABILITY WHATSOEVER FOR ANY LOSS, WHETHER DIRECT OR INDIRECT, CONSEQUENTIAL OR ARISING FROM INFORMATION MADE AVAILABLE ON (OR BY MEANS OF) THE WEBSITE AND/OR TRANSACTIONS OR ACTIONS RESULTING THEREFROM OR FROM THE SERVICES OFFERED, INCLUDING THE INFORMATION ABOUT ANY PARTICULAR USER.

13.4. MYSCRIPT, ITS MEMBERS, EMPLOYEES, PARTNERS AND AFFILIATES, ACCEPT NO LIABILITY WHATSOEVER FOR ANY COSTS, EXPENSES, FINES OR DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT OR INDIRECT LOSS OR DAMAGES, INCLUDING ANY ECONOMIC LOSS, CONSEQUENTIAL LOSS, LOSS OF PROFITS OR ANY FORM OF PUNITIVE DAMAGES, RESULTING FROM THE FACILITATION AND OFFERING OF THE SERVICES, AND ACCESS TO, OR USE OF, THE WEBSITE IN ANY MANNER.
13.5. myScript takes reasonable security measures to ensure the safety and integrity of the Website and to exclude viruses, unlawful monitoring and/or access from the Website. However, myScript does not warrant or represent that your access to the Website will be uninterrupted or error-free or that any information, data, content, software or other material accessible through the Website will be free of bugs, viruses, worms, trojan horses or other harmful components. The user's access to and use of the Website remains solely at the user's own risk and the user should take their own precautions accordingly.

14. INDEMNITIES

14.1. THE USER INDEMNIFIES AND HOLDS HARMLESS MYSCRIPT, ITS MEMBERS, EMPLOYEES, AND PARTNERS FROM ANY DEMAND, ACTION OR APPLICATION OR OTHER PROCEEDINGS, INCLUDING FOR ATTORNEYS' FEES AND RELATED COSTS SUCH AS TRACING FEES, MADE BY ANY THIRD PARTY AND ARISING OUT OF OR IN CONNECTION WITH THE USER'S USE OF THE WEBSITE AND/OR SERVICES OFFERED OR CONCLUDED THROUGH THE WEBSITE IN ANY WAY.

14.1.1. FOR CLARITY, PATIENTS, PRACTITIONERS AND PHARMACISTS ALL HEREBY INDEMNIFY myScript FOR THEIR USE OF THE WEBSITE AND SERVICES IN ANY WAY, AND WILL INDEMNIFY myScript ITS MEMBERS, EMPLOYEES, AND PARTNERS FROM ANY CLAIM BROUGHT AGAINST myScript BY A THIRD-PARTY OR OTHER USER EMANATING FROM ANY USER'S USE OF THE SERVICES OR WEBSITE IN ANY WAY.

14.2. THE USER AGREES TO INDEMNIFY, DEFEND AND HOLD myScript HARMLESS FROM ANY DIRECT OR INDIRECT LIABILITY, LOSS, HARM, DEATH, CLAIM AND EXPENSE (INCLUDING REASONABLE LEGAL FEES) RELATED TO THE USER'S USE OF THE SERVICES, WEBSITE AND/OR BREACH OF THESE TERMS.

14.3. THIS CLAUSE WILL SURVIVE TERMINATION OF THIS AGREEMENT.

15. COMPANY INFORMATION 15.1. Site owner: Maverick Trading 1562 C.C.

15.2. Legal status: Private limited liability close corporation

15.3. Registration number: 2010/058921/23

15.4. Directors: Edumisa Mtoli, Tulani Bango

15.5. Description of main business: Online Software as a Service

15.6. Telephone number: 043 783 9768

15.7. Email address: info@myscriptapp.co.za

15.8. Website address: www.myscriptapp.co.za

15.9. Physical address: Ground Floor, 14 Stewart Drive, Berea, East London, 5241

15.10. Postal address: Ground Floor, 14 Stewart Drive, Berea, East London, 5241

15.11. Registered address: Ground Floor, 14 Stewart Drive, Berea, East London, 5241
16. DISPUTE RESOLUTION AND GOVERNING LAW

16.1. The user's access and/or use of the Website and/or Services, any downloaded material from it and the operation of these Terms (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of the Republic of South Africa only.
16.2. Should any dispute, disagreement or claim arise between a user and MyScript concerning the use of the Website or the Services, these parties shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.
16.3. Should these parties fail to resolve such dispute in the aforesaid manner or within such further period as the parties may agree to in their negotiation, the parties will approach an independent industry expert who shall mediate the discussions between them in order to find a mutually beneficial solution.
16.4. If the dispute is still not resolved after such mediation, the parties will commence and be party to binding and confidential arbitration in terms of the expedited rules of the Arbitration Foundation of Southern Africa ("AFSA"), with an arbitrator selected by MyScript. Arbitration proceedings shall be conducted in East London in English.
16.5. Notwithstanding the above, both parties consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa, even in the event where the quantum in the dispute may be less than the monetary jurisdiction of that court. Either party may also always use the dispute resolution services of any applicable legislative tribunal or ombud, as provided for in applicable legislation.
16.6. The parties both agree that in no circumstance will either party publicize the dispute on any social media or other public platform. The parties understand that any publicity of this nature can cause serious damage to the other party, which damage may result in a financial claim against the infringing party.

17. TERMINATION OF USE OF WEBSITE OR SERVICES

17.1. IN ADDITION TO ITS OTHER RIGHTS HEREIN, myScript RESERVES THE RIGHT TO TERMINATE AND CANCEL YOUR PROFILE AND USE OF THE WEBISTE AND/OR SERVICES IF YOU BREACH ANY OF THE TERMS, OR FOR ANY OTHER REASON IN ITS SOLE DISCRETION PROVIDED THAT myScript GIVES REASONABLE NOTICE TO YOU.
17.2. If you wish to terminate the agreement with myScript, or end your use of the Services, you may do so by deregistering your Profile with the Website and discontinuing your use of the Website. Such deregistration from the Website will however not have any effect on the continued and comprehensive functioning or legitimacy of any lawful rights which the parties may have at the time of said termination with the Website.
17.3. In the event of cancellation of your agreement with the Terms and with MyScript, MyScript will remove you from the Website, delete your Profile, e-scripts will not be issued to you via our platform, health professionals will not be able to retrieve your profile and no further money will be debited from your account.

18. NOTICES AND SERVICE ADDRESS

18.1. Each of the parties chooses their service address for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from these Terms as being:

18.1.1. in the case of MyScript, at Ground Floor, 14 Stewart Drive, Berea, East London, 5241; and
18.1.2. in the case of the user, at the e-mail and addresses provided by the user to MyScript in the registration process and/or in their Profile.

18.2. Each of the parties will be entitled from time to time, by written notice to the other to vary its service address to any other address which is not a post office box or poste restante, provided that the change will become effective only 14 (fourteen) days after service of the notice in question.
18.3. Notwithstanding the above, any notice given in writing in English, and actually received by the party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.

19. GENERAL

19.1. This document contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated in clause 1.6 above, no alteration, cancellation, variation of, or addition hereto will be of any force or effect unless reduced to writing and signed by all the parties to these Terms or their duly authorised representatives.
19.2. No indulgence, leniency or extension of time granted by MyScript shall constitute a waiver of any of MyScript' rights under these Terms and, accordingly, MyScript shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the user which may have arisen in the past or which might arise in the future.
19.3. Words importing the singular will include the plural and vice versa. Words importing one gender will include the other genders, and words importing persons will include partnerships, trusts and bodies corporate, and vice versa.
19.4. The headings to the paragraphs in the Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.
19.5. The user's access and/or use of the Website and/or the Services, any downloaded material from it and the operation of these Terms (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of the Republic of South Africa.
19.6. Should you have any complaints or queries, kindly address an email to MyScript at info@myscriptapp.co.za of same.
19.7. In the event of the user failing to pay any amount timeously or breaching these Terms, the user shall be liable for all legal costs (on the scale as between attorney and client) (including collection commission) which may be incurred by MyScript in relation to the payment failure or breach.
19.8. Each sentence, paragraph, term, clause and provision of these Terms and any portion thereof shall be considered severable and if, for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.
19.9. No term or condition of these Terms is intended to breach any peremptory provisions of any consumer protection legislation and any regulations thereto ("Prohibited Provision"). Any breach of any such Prohibited Provision shall be governed by the provisions of clause 19.8.

myScript PRIVACY AND PERSONAL INFORMATION POLICY

Maverick Trading 1562 Close Corporation T/A "www.myScriptApp.co.za" (reg: 2010/058921/23) ("myScript") adheres to the highest standards of protecting your personal information when you engage with us, use www.myscriptapp.co.za or any of its related blogs, websites, applications or platforms (collectively, "the Website") or any myScript's services ("Services"). As such, we have created this specific and detailed Privacy Policy for you to read and appreciate exactly how we safeguard your personal information and respect your privacy ("Policy").

Please note that mScript is a private limited liability close corporation duly registered and operating in accordance with the laws of the Republic of South Africa.
Users with citizenships and in locations from jurisdictions other than of South Africa, please note that myScript complies with all South African data protection laws when processing your personal data pursuant to your use of the Website/the Services. Should foreign law be applicable in any regard to your use of the Services and/or the Website in any way, including how we may process your personal data, please contact our data representative at edumisa@myscriptapp.co.za to gladly engage you on its application and your rights.
For more information regarding your personal information lawfully stored or used by the Website or MyScript, please contact edumisa@myscriptapp.cp.za who will gladly assist.
This Policy was last updated on 22 September 2020.
Not all terms are necessarily defined in order and may be defined in our General Terms.
Please ensure that you read all the provisions below, and our other MyScript rules and policies which may apply from time to time and made available to you, to understand all of your, and our, rights and duties. Some terms referred to below are not defined in order or may be defined in our other applicable rules and policies.
Please use the following links to jump to the relevant sections described in this Privacy Policy:

1. Important information and who we are
2. The data we collect about you
3. How is your personal data collected
4. How we use your personal data
5. Disclosures of your personal data
6. International transfers
7. Data security
8. Data retention
9. Your legal rights
10. Glossary

Important information and who we are

1.1. Purpose of this Privacy Policy

1.1.1. This Privacy Policy aims to give you information on how MyScript collects and processes your personal data through any form of your engagement with MyScript such as your engagement with us when contracting with us, use of our online Services, general services or Website, including any data you may provide through our Website or any of our online platforms or gateways or provide to us generally, in any way whatsoever (such as when using our Services and products, contracting with MyScript, participating in surveys, participating in events or signing up for newsletters).
1.1.2. myScript shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569
1.1.2. This Privacy Policy complies with, and facilitates the obligations required from the South African Protection of Personal Information Act, No. 4 of 2013 ("POPI"), as amended.
1.1.3. It is important that you read this Privacy Policy together with any other privacy policy or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you or any minor or person in your guardianship, so that you are fully aware of how and why we are using your data. This Privacy Policy supplements the other notices and is not intended to override them.
1.1.4. By virtue of the comprehensive and personal nature of our Services and medical-related functionality, we must process not only special categories of personal data (including medical data), but also the personal data of minors. Users explicitly understand and agree that myScript has to process this sensitive data due to the medical Services procured by users from myScript. Special categories of personal data and minor's data are processed and protected at higher standards than conventional personal data, as explained below.
1.1.5. Users under the age of 18 (eighteen) may not use the Services/Website and must not provide their personal information to us. If you are a parent or guardian of a minor whose personal data we process pursuant to this Privacy Policy and because you are contracting with us for using the Services and need to provide us with your child's/ward's personal data, you warrant that you have read, understood and agree to this Privacy Policy, and hereby expressly consent to myScript processing your child's/ward's personal data as per this Privacy Policy. We process minors' personal information at higher standards than conventional personal information, as required by applicable legislation.

Express Consent to clauses 1.1.4 and 1.1.5 to continue □

1.2. Controller and Processor

1.2.1. myScript is the "data controller" and is responsible for your personal data in instances where we decide the processing operations concerning your personal data. Sometimes we also operate as a "processor" of personal data on behalf of a third-party data controller, where that data controller's privacy terms will apply, but we will draw your attention to them, when applicable.
1.2.2. We have appointed a data representative at myScript who is responsible for overseeing questions in relation to this Privacy Policy. If you have any questions about this Privacy Policy, including any requests to exercise your legal rights, please contact the representative using the details set out below.

1.3. Our Contact Details
1.3.1. Our full details are:

Full name of legal entity: Maverick Trading 1562 C.C.
Name or title of data representative: Mr Tulani Bango
Email address: tulani@myscriptapp.co.za
Postal address: Ground Floor, 14 Stewart Drive, Berea, East London, 5241
Telephone number: 043 783 9768

1.4. Changes to the Privacy Policy and your Duty to Inform us of Changes

1.4.1. This Privacy Policy version was last updated on 22 September 2020 and historic versions are archived and can be obtained by contacting us.
1.4.2. It is important that the personal data we hold about you is accurate and current. Accordingly, you warrant that you will keep it updated yourself by using the relevant tools on the Website, or by contacting us to change it for you. We will make every effort to contact you in order to update your data should we see that it is out-of-date, but it is ultimately your responsibility to ensure that it is up to date. Other users of the platform might also ask for and validate your data, but we will only provide it if they have a contract with us and are lawfully allowed to possess it, pursuant to that contract and/or this Policy. You explicitly understand that should your personal information change or be out-dated, some or all Services may no longer be provided to you.

1.5. Third-Party Links on Website or otherwise

1.5.1. The Website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements or terms. When you leave our Website, or engage with such third parties, we encourage you to read the distinct privacy policy of every third-party you engage with.

2. The data we collect about you
2.1. Personal data, or personal identifiable information, means any information about an individual, both natural and juristic entities, from which that entity can be identified. It does not include data where the identity has been removed (anonymous data).
2.2. We may collect, use, store and transfer ("process") different kinds of personal data about you which we have grouped together as follows:

2.2.1. Identity Data including first name, maiden name, last name, country of residence, username or similar identifier, title, date of birth and gender;
2.2.2. Contact Data including email address, physical addresses and telephone numbers;
2.2.3. Financial Data including bank account details, third-party payment provider information and payment card details;
2.2.4. Transaction Data including details about payments to and from you, contracts, contractual terms, contract fees, signups, subscriptions, invoices and other details of products and services you have obtained from us or supply to us;
2.2.5. Technical Data including internet protocol address/es, your login data, browser type and version, time zone setting and location, cookies, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access the Website;
2.2.6. Profile Data including your Website username and password, employment information, qualifications and background information, preferences, feedback, ratings and reviews, and survey responses;
2.2.7. Medical Data including your medical practitioner/practice number, your medical qualifications, medical history, medical prescriptions, medical treatment history as uploaded by practitioners, choice of prescription fulfilment location, pharmacy address;
2.2.8. Biometric Data including your age, gender, visual representation and physical, physiological or behavioural characteristics;
2.2.9. Usage Data including information about how you use our company, Website, surveys, events and Services; and
2.2.10. Marketing and Communications Data including your preferences in receiving notices and marketing from us and our third parties and your communication preferences.

2.3. We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific Website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Policy.
2.4. Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with services or allow your access to the Website). In this case, we may have to cancel Website-access or services you have with us, but we will notify you if this is the case at the time.

3. How is your personal data collected?
3.1. We use different methods to collect data from and about you, including through:

3.1.1. Direct interactions: You may give us your Identity, Contact, Biometric, Medical, and Financial Data by filling in various MyScript forms, Website forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

3.1.1.1. use our Website;
3.1.1.2. use of Services;
3.1.1.3. contract with us;
3.1.1.4. consult with us;
3.1.1.5. complete forms;
3.1.1.6. sign-up for newsletters;
3.1.1.7. interact with us via webinar or social platform group, such as a Facebook group
3.1.1.8. subscribe to our services or any publications;
3.1.1.9. provide any services to us as a service provider or independent contractor on contract with us;
3.1.1.10. request information to be sent to you;
3.1.1.11. attend any MyScript event whether online or in person; or
3.1.1.12. give us some feedback.

3.1.2. Automated technologies or interactions: As you interact with our Website, we may automatically collect Usage Data, Profile Data and Technical Data about your equipment, browsing actions and patterns. We may collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies.
3.1.3. Third parties or publicly available sources: We may receive personal data about you from various third parties and public sources as set out below:

Technical Data

3.1.3.1.1. analytics such as Google Analytics, Google Location Services based in USA;
3.1.3.1.2. social networks such Facebook, LinkedIN based in USA;
3.1.3.1.3. survey data such as Survey Monkey based in USA;
3.1.3.1.4. marketing and sms platforms such as Twillio based in USA; and
3.1.3.1.5. medical search information providers such as Medprax based in Durban;
3.1.3.1.6. payment gateways such as PayGate

3.1.3.2. Contact, Financial and Transaction Data from providers of technical and payment services such as PayGate based in Cape Town;
3.1.3.3. Medical and Biometric Data from your medical practitioner or pharmacists who also uses the Website and/or Services; and
3.1.3.4. Identity, Market Research Data and Contact Data from publicly available sources such as Signiflow based in Johannesburg.

4. How we use your personal data

4.1.2. where we have your express consent to do so;
4.1.3. where it is necessary for our legitimate interests or those of a third party (such as for your medical treatment) and your interests and fundamental rights do not override those interests; and/or
4.1.4. where we need to comply with a legal or regulatory obligation.

4.2. Purposes for which we will use your personal data:

4.2.1. We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are, where appropriate.
4.2.2. Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

PURPOSE/ACTIVITY	TYPE OF DATA	LAWFUL BASIS FOR PROCESSING INCLUDING BASIS OF LEGITIMATE INTEREST
To engage with you after you have contacted us requesting an engagement	(a) Identity (b) Contact (c) Transaction (d) Marketing and Communications	(a) Express consent (b) Performance of a contract with you (c) Necessary for our legitimate interests (to keep our records updated and to study how engagees use our services) (d) Necessary for our legitimate interests (to develop our services and grow our organisation)
To provide you with our Services and allow other authorised users to provide you with their associated medical services	(a) Identity (b) Biometric (c) Medical (d) Contact (e) Financial (f) Transaction (g) Marketing and Communications (h) Social Media (i) Market Research	(a) Performance of a contract with you (b) Necessary to comply with a legal obligation (c) Necessary for our legitimate interests (to keep our records updated and to study how engagees use our services) (d) Necessary for our legitimate interests (to provide you with services ancillary to medical needs) (e) Express consent
To contract with you as a service provider to MyScript	(a) Identity (b) Contact (c) Financial (d) Transaction (e) Marketing and Communications (f) Social Media (g) Market Research	(a) Performance of a contract with you (b) Necessary to comply with a legal obligation (c) Necessary for our legitimate interests (to keep our records updated and to study how engagees use our services) (d) Necessary for our legitimate interests (to develop our services and grow our organisation) (e) Express consent
To allow you to use the Website	(a) Identity (b) Biometric (c) Medical (d) Contact (e) Financial (f) Transaction (g) Marketing and Communications (h) Social Media (i) Market Research	(a) Performance of a contract with you (b) Necessary to comply with a legal obligation (c) Necessary for our legitimate interests (to keep our records updated and to study how engagees use our services) (d) Necessary for our legitimate interests (to provide you with services ancillary to medical needs) (e) Express consent
To provide it to our authorised medical practitioner user who need your personal data to provide their private services to you (such as your doctor or pharmacist), but you will also be notified when this happens.	(a) Identity (b) Biometric (c) Medical (d) Contact (e) Transaction (f) Social Media (g) Market Research	(a) Performance of a contract with you (b) Necessary to comply with a legal obligation (c) Necessary for our legitimate interests (to keep our records updated and to study how engagees use our services) (d) Necessary for our legitimate interests (to provide you with services ancillary to medical needs) (e) Express consent
To process and service your payment for any services rendered by MyScript or its service providers To manage payments, fees and charges	(a) Identity (b) Biometric (c) Medical (d) Contact (e) Financial (f) Transaction	(a) Performance of a contract with you (b) Necessary to comply with a legal obligation (c) Necessary for our legitimate interests (to keep our records updated and to study how engagees use our services) (d) Necessary for our legitimate interests (to provide you with services ancillary to medical needs) (e) Express consent
To manage our relationship with you which may include notifying you about changes to our terms or Privacy Policy or services	(a) Identity (b) Contact (c) Profile (d) Marketing and Communications	(a) Performance of a contract with you (b) Necessary to comply with a legal obligation (c) Necessary for our legitimate interests (to keep our records updated and to study how engagees use our services) (d) Express consent
To enable you to partake in an MyScript event or complete a survey or project	(a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications	(a) Performance of a contract with you (b) Necessary for our legitimate interests (to study how engagees use our services, to develop them and grow our organisation) (c) Express consent
To administer and protect our organisation and our Website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)	(a) Identity (b) Contact (c) Technical (d) Usage	(a) Necessary for our legitimate interests (for running our organisation, provision of administration and IT services, network security, to prevent fraud and in the context of an organisation restructuring exercise) (b) Necessary to comply with a legal obligation (c) Express consent
To market our own services to other organisations or External Third Parties	(a) Identity (b) Contact (c) Profile	(a) Necessary for our legitimate interests (for running our organisation, provision of services and marketing) (b) Express consent
To deliver relevant Website content and services to you and measure or understand the effectiveness of the information we serve to you	(a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications (f) Technical	(a) Necessary for our legitimate interests (to study how engagees use our services, to develop them, to grow our organisation and to inform our marketing strategy) (b) Express consent
To use data analytics to improve our Website, services, engagee relationships and experiences	(a) Identity (b) Technical (c) Usage	(a) Necessary for our legitimate interests (to define types of engagees for our services, to keep our Website updated and relevant, to develop our organisation and to inform our marketing strategy) (b) Express consent
To provide you with direct and user-specific marketing, make suggestions and recommendations to you about events or services that may be of interest to you	(a) Identity (b) Contact (c) Technical (d) Usage (e) Profile	(a) Necessary for our legitimate interests (to develop our services and grow our organisation) (b) Express

4.2.3. Marketing

By accepting this Policy and/or using our Services/Website, you have provided us with your informed and active consent to market to you.

4.2.4. Promotional services from us and automated decision making

4.2.4.1. We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which events, services and offers may be relevant for you (we call this marketing).
4.2.4.2. You will receive marketing communications from us if you have requested information from us, have participated in any MyScript service or event, or if you provided us with your details when registering for a promotion or event and, in each case, you have not opted-out of receiving that marketing.

4.2.5. Third-Party Marketing

4.2.5.1. Whilst we may use your personal data within our MyScript organisation group, we will get your express opt-in consent before we share your personal data publicly with any entity outside the MyScript group of organisations for public purposes.

4.2.6. Opting-Out of Marketing

4.2.6.1. You can ask us or third parties to stop sending you marketing messages at any time by logging into the Website and checking or unchecking relevant boxes to adjust your marketing preferences or by following the opt-out links on any marketing message sent to you, or by contacting us at any time.
4.2.6.2. Where you opt-out of receiving these marketing messages, this will not apply to personal data provided to us as a result of your use of the Website, our services, or your participation in any MyScript event.

4.2.7. Change of Purpose

4.2.7.1. We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
4.2.7.2. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
4.2.7.3. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

5. Disclosures of your personal data

5.1. We may have to share your personal data with the parties set out below for the purposes set out in the table above.

5.1.1. Internal Third Parties as set out in the Glossary;
5.1.2. External Third Parties as set out in the Glossary;
5.1.3. Specific third parties listed in the table above; and/or
5.1.4. Third parties to whom we may choose to sell, transfer, or merge parts of our organisation or our assets. Alternatively, we may seek to acquire other organisations or merge with them. If a change happens to our organisation, then the new owners may use your personal data in the same way as set out in this Privacy Policy.

5.2. We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions and standards.

6. International transfers

6.1. We share your personal data within the myScript group of organisations and affiliates, and this may involve transferring and processing your data outside of South Africa.
6.2. Whenever we transfer your personal data out of the country, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
6.2.1. We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the South African Information Regulator's office;
6.2.2. We will only transfer your personal data to third-parties with whom we have contracted, and whom are subject to processing standards which are equal to or better than ours; and/or

6.2.3. Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between Europe and the US.

6.3. Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of South Africa.

7. Data security

7.1. We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed by using the following methods/facilities:

7.1.1. All prescriptions have been encrypted and myScript does not have access to the prescriptions generated.
7.1.2. Only the defined and authorised users have access to these.
7.1.3. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a legitimate need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
7.1.4. User password hashing: The password provided by the user when registering is hashed and it is not stored. This means, there is no way of telling what the user password was, should it get forgotten.
7.1.5. Personal information encryption: We make use of Ansible vault to anonymize personal information before storing it.
7.1.6. Password-Secured Database: The database is protected by a 32-character password stored in an encrypted password vault. Only 2 people in the company have access to this vault store.
7.1.7. Session management: Once a user has signed in, we assign a token for the session. This token is valid for the session and expires after logoff or if the user leaves the platform active for a few minutes.
7.1.8. Identity validation process: A user has to verify their account before accessing the platform, which in turn reduces identity theft.
Customer details will be stored by myScript separately from card details which are entered by the client on DPO PayGate’s secure site. For more detail on DPO PayGate refer to www.paygate.co.za

7.2. We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

8. Data retention

8.1. We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
8.2. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data, any other South African applicable law requiring us to retain the data and whether we can achieve those purposes through other means, and the applicable legal requirements.
8.3. Details of retention periods for different aspects of your personal data are available from us by contacting us.
8.4. In some circumstances you can ask us to delete your data; see below for further information.
8.5. In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

9. Your legal rights

9.1. Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please contact us to find out more about, or manifest, these rights:

9.1.1. request access to your personal data;
9.1.2. request correction of your personal data;
9.1.3. request erasure of your personal data;
9.1.4. object to the processing of your personal data;
9.1.5. request a restriction of processing your personal data;
9.1.6. request transfer of your personal data; and/or
9.1.7. right to withdraw consent.

9.2. You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
9.3. We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
9.4. We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
9.5. You have the right to:

9.5.1. Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
9.5.2. Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
9.5.3. Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no valid reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be communicated to you, if applicable, at the time of your request.
9.5.4. Object to processing of your personal where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
9.5.5. Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:

9.5.5.1. if you want us to establish the data's accuracy;
9.5.5.2. where our use of the data is unlawful but you do not want us to erase it;
9.5.5.3. where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or
9.5.5.4. you have objected to our use of your data, but we need to verify whether we have overriding legitimate grounds to use it.

9.5.6. Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform on a contract with you.
9.5.7. Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain Website access or Services to you. We will advise you if this is the case at the time you withdraw your consent. Please take note that regardless of your right to withdraw consent under POPI, other South African legislation applies and may require that we continue to process your data in order to comply with anti-corruption, crime-fighting and/or other national legislation, which you expressly understand and agree to.

10. Glossary

10.1. Lawful Basis

10.1.1. Legitimate Interest means the interest of our organisation in conducting and managing our organisation to enable us to give you the best service and the most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
10.1.2. Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
10.1.3. Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
10.1.4. Express consent means the confirmed express consent you have provided to our processing of your personal data by actively accepting this Privacy Policy.

10.2. Third Parties

10.2.1. Internal Third Parties means other entities or parties in the MyScript group acting as joint controllers or processors and who are based in South Africa and provide IT and system administration services and undertake reporting.
10.2.2. External Third Parties means:

10.2.2.1. service providers acting as processors based in South Africa who provide IT and system administration services;
10.2.2.2. South African or other national governments and/or their respective authorities pursuant to our adherence with anti-corruption and crime-fighting legislation;
10.2.2.3. Authorised pharmacists, medical practitioners and other associated medical role-players who are also using the Services/Website and need your personal information in order to provide you with the Services as well as their own private medical services (and whose information is available for inspection by any registered user on the Website);
10.2.2.4. Survey Monkey based in the USA, Twillio based in the USA, LawTrust based in Johannesburg, Medprax based in Durban, Google based in the USA;
10.2.2.5. professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in South Africa who provide consultancy, banking, legal, insurance and accounting services as required; and/or
10.2.2.6. European Union regulators and other authorities acting as processors or joint controllers based in the United Kingdom or European Union who may require reporting of processing activities in certain circumstances.