BSN MEDICAL (PTY) LIMITED (together with its affiliates, Essity or we or us) owns and operates the website which can be accessed at jobst.co.za (Website).
2. USE OF THE WEBSITE
Essity makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the Website or that the content of this Website is free from errors or omissions or that the service will be uninterrupted, error-free or safe from unauthorised access. This Website is supplied on an “as is” basis and has not been compiled or supplied to meet the user’s individual requirements.
Copyright and all other intellectual property rights, including trademarks, patents and designs, in all materials, texts, technical data and information, names, logos, videos, sound clips and visual assets and service marks made available or displayed on the Website (collectively, Materials) are owned by Essity; alternatively, Essity is the lawful user thereof.
The user may not copy, reproduce, distribute, sell or otherwise use the Materials of the products except for personal use.
No information or data on the Website is an offer but merely an invitation to do business.
2.1. Categories of Personal Information and processing purposes
You may use the Website or app without providing any Personal Information about you. In this case, Essity will collect only the following data that result from your usage:
Referral page, data and time of access, data volume transmitted, status of transmission, type of web browser, IP-address, operating system and interface, language and version of browser software.
Your IP-address will be used to enable your access to the Website or app. Once the IP-address is no longer necessary for this purpose, we will shorten your IP-address by removing the last octet of your IP-address. The data, including the shortened IP-address will be used to improve the quality and services of the Website or app by analyzing the usage behavior of our users.
2.2. Third Parties
· Transfer to service providers
Essity may engage external service providers, who act as an Operator of Essity, to provide certain services to Essity, such as website service providers, marketing service providers or IT support service providers. When providing such services, the external service providers may have access to and/or may process your Personal Information.
We request those external service providers to implement and apply security safeguards to ensure the privacy and security of your Personal Information.
We do not permit any third party to collect, use or store any of your Personal Information for purposes unrelated to the purpose for which it is provided by us, or permitted by law.
Although we take reasonable steps to ensure that third parties with whom we share your Personal Information treat it with the same degree of care as we do, Essity does not have any direct control over the manner in which such persons use and/or store your Personal Information.
You agree that Essity is not liable for any loss or damage which you suffer as a result of the manner in which a third party accesses, uses and/or stores your Personal Information, except to the extent that such loss or damage is directly related to a grossly negligent or intentional and unlawful act or omission of ours or any of our shareholders, directors, officers, employees, subcontractors and/or agents (collectively Personnel).
If Essity elects to sell its business, you agree that we may freely transfer your Personal Information to the purchaser thereof. You agree that you will not have any claim against Essity and/or its Personnel arising from or as a consequence of the sale of our business to a third party.
Unless we have your prior written consent or is required by law, we will not otherwise sell, rent, lease or disclose your Personal Information to any third party.
· Other recipients
Essity may transfer - in compliance with applicable data protection law - Personal Information to law enforcement agencies, governmental authorities, legal counsel, external consultants, or business partners. In case of a corporate merger or acquisition, Personal Information may be transferred to the third parties being involve in the merger or acquisition.
· International transfers of Personal Information
The Personal Information that we collect or receive about you may be transferred to and processed by recipients which are located inside or outside South Africa but only to countries which provide an adequate level of data protection from a South African data protection law perspective. Essity will take all necessary measures to ensure that transfers out of South Africa are adequately protected as required by applicable data protection law.
2.3. Legal basis for the processing
We may carry out the processing of your Personal Information on the following legal basis:
· You have given your consent to the processing of your data for one or more specific purposes;
· The processing is necessary for the performance of a contract to which you are a party or to take steps at your request prior to entering a contract;
· The processing is necessary for compliance with a legal obligation to which we are subject to;
· The processing is necessary to protect your vital interests of you or of another natural person;
· The processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in us;
· The processing is necessary for the purposes of the legitimate interests pursued by us or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of you which require protection of Personal Information, in particular if you are a child;
· Other applicable legal basis for data processing, especially provisions set out by member state law;
We may carry out the processing of your sensitive Personal Information on the following legal basis:
· You have given your explicit consent to the processing of your sensitive Personal Information for one or more specific purposes;
· The processing is necessary for the purposes of carrying out the obligations and exercising specific rights of Essity or of the data subject in the field of employment and social security and social protection law;
· The processing relates to Personal Information which are manifestly made public by the data subject;
· The processing is necessary for the establishment, exercise or defense of legal claims or whenever courts are acting in their judicial capacity;
· The provision of your Personal Information is required by a statutory or contractual obligation, or necessary to enter into a contract with us or to receive our services/products as requested by you, or simply voluntary for you.
Not providing your Personal Information may result in disadvantages for you, e.g. you may not be able to receive certain products and services. However, unless otherwise specified, not providing your Personal Information will not result in legal consequences for you.
2.4. What rights do you have and how can you assert your rights?
By accessing and using the Website, you agree that Essity may at any time and without further reference to you:
· collect, receive and record from any source, collate, store, update, modify, disseminate and otherwise use your Personal Information in any manner and in any form, reasonably required to enable us to provide products and services to you, and for any reasonably related purpose;
· store your Personal Information in any format and in any database hosted anywhere in the world, for as long as we consider it necessary for the aforementioned purposes, and thereafter destroy or de-identify your Personal Information;
· use your Personal Information to contact you for market research purposes or to provide you with marketing information we think would be of particular interest.
You may at any time request us not to contact you or to object to our using your Personal Information for any particular purpose. You may also lodge a complaint with the Information Regulator established in terms of section 39 of POPI, regarding our use of your Personal Information.
Essity will on request, provide you with access to your Personal Information which we hold so that you may view, update, delete and/or correct it. You can access your Personal Information by contacting us as provided below. To protect your privacy and security, we will also take reasonable steps to verify your identity before granting you access or enabling you to make updates, deletions or corrections.
2.5. Cookies and other tracking technologies
What is a cookie?
Pieces of information transferred to your computer’s hard disk from a website are known as “cookies”. They are not computer programs, just small information files which allow websites to store and access information about a user’s browsing patterns.
There are different types of cookies: temporary cookies (or session cookies) are erased when the browser closes; persistent cookies are not erased but stay until they are actively erased or they expire (which is dependent on how long the website has programmed the cookie to last).
How to delete a cookie?
Most browsers are automatically set to accept cookies. You may disable cookies on your browser, but remember that if you do, you may lose many features which are needed to enable the website to work properly.
If you’d like more detailed information about cookies, please visit www.aboutcookies.org which contains comprehensive and independent information about how to disable cookies using browser settings, and how to delete cookies already on your computer.
To delete cookies from your mobile phone you will need to consult your handset manual.
2.6. How long do we keep your Personal Information?
Your Personal Information will be retained as long as necessary to provide you with the services and products requested. Once our relationship has come to an end, we will either delete your Personal Information or anonymize your Personal Information, unless statutory retention requirements apply (such as for taxation purposes). We may retain your contact details and interests in our products or services for a long period of time if Essity is allowed to send you marketing materials. Also, we may be required by applicable law to retain certain of your Personal Information for a period of 10 years after the relevant taxation year. We may also retain your Personal Information after the termination of the contractual relationship if your Personal Information are necessary to comply with other applicable laws or if we need your Personal Information to establish, exercise or defend a legal claim, on a need to know basis only. To the extent possible, we will restrict the processing of your Personal Information for such limited purposes after the termination of the contractual relationship.
3. INFORMATION SECURITY
To prevent unauthorised access or disclosure, maintain data accuracy, and ensure the appropriate use of your Personal Information, Essity has put in place appropriate physical, electronic, and managerial safeguards and procedures to secure your Personal Information.
If any of your Data is accessed without authorisation, or corrupted, lost or damaged in any way, Essity will do what is reasonably possible to restore the corrupted, lost or damaged Data from the latest back up of such Data.
You acknowledge that it is possible for web-based communications to be intercepted by third parties. Although Essity takes all reasonable steps to ensure that your Data is secure, treated in the strictest confidence and is only accessible by the intended persons, except to the extent that your Data is accessed without authorisation, or corrupted, lost or damaged in any way due to any grossly negligent or intentional and unlawful act or omission of Essity and/or its Personnel, Essity and its Personnel will not be liable for any loss or damage which you may suffer as a result of any unauthorised access to, or the corruption, loss of or damage to your Data.
Essity will do all that is reasonably necessary to ensure, but cannot warrant, that information which you acquire from Essity via the Website or otherwise, is true and correct and/or free of infections, viruses, worms, trojan horses and other contaminating and/or destructive code. You must do what is necessary to ensure that contaminating and/or destructive code is not transferred to your computer system and lost or corrupted data is reconstructed.
4. LOG FILES
You agree that Essity may gather certain information automatically and store it in log files, including internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data.
Essity and its Personnel do not have any control over the nature or content of any website to which you may gain access through a hyperlink contained on the Website and are not liable to you for any loss, damages, costs, claims or expenses of any nature due to your use of any such hyperlinked website.
6. ECTA DISCLOSURES
BSN Medical Proprietary Limited is a limited liability company registered in South Africa with registration number 2001/003941/07. Its current physical address is 30 Gillitts Road, Pinetown 3610, South Africa.
Any queries or complaints relating to the services and products supplied by Essity (if any) can be emailed to email@example.com
7. YOUR ACCOUNT AND PASSWORD
8. PROHIBITED USES
You may use the Website only for lawful purposes. You may not use the Website:
· in any way that breaches any applicable law or regulation;
· in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
· to send, knowingly receive, upload, download, use or re-use any material which does not comply with our ethical policies;
· to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
· not to reproduce, duplicate, copy or re-sell any part of the Website;
· not to access without authority, interfere with, damage or disrupt any part of the Website; any equipment or network on which the Website is stored; any software used in the provision of the Website; or any equipment or network or software owned or used by any third party.
9. GENERAL DISCLAIMER REGARDING OUR PRODUCTS
Although Essity’s wound care products are designed and manufactured to the highest standards for the maximum protection, disease and infection to the wound site when wearing our products may be attributed to a number of factors and cannot be completely avoided through the use of our products alone.
You must not use our products except in accordance with the directions on the packaging information or as recommended by a qualified medical practitioner.
We do not warrant that our products will prevent injury, infection or death by using them. If you suffer any loss, harm or death as a result of your use of any of our products and we are liable in law to compensate you for any damages suffered, Essity’s liability excludes any indirect or consequential losses.
10. COPYRIGHT AND IP
You may not copy, reproduce, distribute, sell or otherwise use the Materials except for personal use. You must not use any part of the content on the Website for commercial purposes without obtaining a license to do so from us. If you use the Materials in any form without prior consent and/or licensing from Essity, this will result in legal action against you.
11. CHANGES TO THE WEBSITE
We may update the Website from time to time and may change the content at any time. However, please note that any of the content on the Website may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that the Website, or any content on it, will be free from errors or omissions.
12. NO RELIANCE ON INFORMATION
The content on and the information provided in the Website is provided for general information only and, as such, should not be considered as a substitute for advice covering any specific situation or medical advice.
Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up to date.
While every effort is taken to ensure that the Website is free from viruses, Essity cannot be held liable in the unlikely event that a virus is transmitted to the user’s computer systems.
The user hereby indemnifies Essity, its members and employees and waives any rights it may have against Essity in respect of any loss, liability, damage (whether direct or consequential) or expense of any nature whatsoever, which may be suffered by the user and/or third party as a result of or which may be attributable directly or indirectly to user’s use or inability to use this Website or the services or content provided from and through this Website.
The Materials on the Website is provided “as is”, without any conditions, warranties or other terms of any kind.
Subject to the provisions Electronic Communications and Transactions Act, and to the extent allowed by law, Essity is not liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use the Website or content provided through the Website.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it.
14. CONTACT US
Essity South Africa (Pty) Ltd
2nd Floor, Golden Oak House
Ballyoaks Office Park
35 Ballyclare Drive
Reg No: 1995 / 000918 / 07