Terms of Use of the Website and Privacy Policy


1. INTRODUCTION


BSN medical GmbH (together with its affiliates, BSN medical or we or us) owns and operates the website which can be accessed at www.woundwarriors.co.za (the Website).

This privacy policy applies to all persons and entities that use the Website and regulates the collection, storage and use of your name, contact details, banking details, company details, addresses, contact numbers, email addresses, health data, product data and any other information which relates to you, collectively referred to as Personal Information in accordance with the Protection of Personal Information Act, 2013.

2. USE OF THE WEBSITE


BSN medical 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.

Users undertake to not to divulge their username or password to any other person.

Copyright and all intellectual property rights in all materials, texts, technical data and information, trademarks, names, logos and service marks made available or displayed on this Website (collectively ”materials”) are owned by BSN medical; alternatively, BSN medical 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 data and processing purposes


Data

You may use the Website or app without providing any personal data about you. In this case, BSN medical 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.

Account

If you create an account on/in the Website or app, you may be asked to provide personal data about you, for example: Name, postal address, email address, selected password, telephone number, bank account details, credit card details, invoicing and delivery address, interests in certain products/services (voluntary), request to receive marketing emails (voluntary). BSN medical processes such personal data for purposes of providing our services to you, to provide you with marketing materials to the extent permitted by applicable law, and to analyze your interests for marketing purposes.

Product Orders

If you order a product via the Website or app, BSN medical collects and processes the following personal data about you: Your account data, type and amount of product, purchase price, order date, order status, product returns, customer care requests. BSN medical processes such personal data for purposes of carrying out the contractual relationship and the product order, providing customer care services, compliance with legal obligations, defending, establishing and exercising legal claims, and tailored marketing.

Competition:

If you participate in a promotional competition, BSN medical collects and processes the following personal data about you: Name, postal address, email address, date of entry, selection as winner, prize, answer to quiz. BSN medical processes such personal data for purposes of carrying out the competition, informing the winner, delivering the price to the winner, carrying out the event, and marketing.

Health Data:

If you order some products from us, BSN medical may collect and process also information about your health conditions as implied by product order. Health data are special personal information within the meaning of POPI and BSN medical is taking all necessary steps to protect such sensitive data as legally required. Subject to your consent, BSN medical collects and processes your health data solely for the purposes of carrying out the contractual relationship and the product order, providing customer care services, compliance with legal obligations, defending, establishing and exercising legal claims, and tailored marketing. The information will only be processed by responsible parties who are subject to a confidentiality obligation in terms of their employment by us. You hereby consent to such special personal information being collected, processed and stored by us.

2.2. Third Parties


  • Transfer to service providers

    BSN medical may engage external service providers, who act as a data processor of BSN medical, to provide certain services to BSN medical, 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 data.

    We request those external service providers to implement and apply security safeguards to ensure the privacy and security of your personal data.

    We may be required to give third parties access to your Personal Information to be able to provide the services to you. Their use of your Personal Information is also subject to this privacy policy, and/or terms and conditions substantially similar to this privacy policy.

    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, BSN medical does not have any direct control over the manner in which such persons use and/or store your Personal Information.

    You agree that BSN medical 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 BSN medical 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 BSN medical 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

    BSN medical may transfer - in compliance with applicable data protection law - personal data to law enforcement agencies, governmental authorities, legal counsel, external consultants, or business partners. In case of a corporate merger or acquisition, personal data may be transferred to the third parties being involve in the merger or acquisition.

  • International transfers of Personal Data

    The Personal Data 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. BSN medical 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 data 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 data, 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 data on the following legal basis:

  • You have given your explicit consent to the processing of your sensitive personal data for one or more specific purposes;

  • The processing is necessary for the purposes of carrying out the obligations and exercising specific rights of BSN medical or of the data subject in the field of employment and social security and social protection law;

  • The processing relates to personal data 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 data 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 data 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 data 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 BSN medical 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.

    BSN medical 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.

    You are entitled, at any stage, to opt out of receiving any marketing or promotional material by clicking on the ”unsubscribe” option on email correspondence. This will redirect you to the unsubscribe page where you will be able to unsubscribe from the communication you received.

    2.5. Cookies and other tracking technologies


    This Website uses cookies so this section gives you details of how cookies are used and how you can control whether to keep or delete cookies.

    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.

    Most websites use cookies, because they are part of the toolbox which makes the internet a great experience for users. Cookies allow websites to deliver personalized services (for example, remembering a login, keeping products in a shopping basket or showing content which is relevant).

    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.

    Accepting the Terms of Use


    By accepting the Terms of Use as well as by accessing and using the Website, you consent to the use of the cookies. You may also consent to our use of cookies by the settings you have made in your web browser.

    2.6. How long do we keep your Personal Data?


    Your personal data 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 data or anonymize your personal data, 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 BSN medical is allowed to send you marketing materials. Also, we may be required by applicable law to retain certain of your personal data for a period of 10 years after the relevant taxation year. We may also retain your personal data after the termination of the contractual relationship if your personal data are necessary to comply with other applicable laws or if we need your personal data 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 data 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, BSN medical 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, BSN medical 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 BSN medical 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 BSN medical and/or its Personnel, BSN medical 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.

    BSN medical will do all that is reasonably necessary to ensure, but cannot warrant, that information which you acquire from BSN medical 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 BSN medical 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.

    5. HYPERLINKS


    The Website may contain hyperlinks to other sites. BSN medical is not responsible for the privacy practices of such other sites. This privacy policy applies solely to information collected via the Website.

    BSN medical 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 GmbH is a limited liability company registered in Germany with registration number HRB124187. Its current physical address is Quickbornstraße 24, Hamburg, Germany.

    Any queries or complaints relating to the services and products supplied by BSN medical can be emailed to [email protected]

    7. DIRECT MARKETING


    When you use the Website, you may receive marketing communications from us.

    You may refuse to accept, require us to discontinue, or pre-emptively block any approach or communications from us if that approach or communication is primarily for the purpose of direct marketing.

    You may opt out of receiving these direct marketing communications from us at any time by requesting us (in any manner, whether telephonically, electronically, in writing or in person) to desist from initiating any direct marketing to you.

    You may (in terms of the Consumer Protection Act, 2008) register a pre-emptive block against direct marketing communications. If you do so, we will not send you direct marketing communications unless you have expressly consented to receive direct marketing communications from us.

    8. YOUR ACCOUNT AND PASSWORD


    If you are provided with a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

    9. 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.

    10. GENERAL DISCLAIMER REGARDING OUR PRODUCTS:


    Although BSN medical’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, BSN medical’s liability excludes any indirect or consequential losses.

    11. COPYRIGHT AND IP:


    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 BSN medical; alternatively, BSN medical is the lawful user thereof. 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 licence to do so from us. If you use the Materials in any form without prior consent and/or licensing from BSN medical, this will result in legal action against you.

    12. 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.

    13. NO RELIANCE ON INFORMATION


    The content on the Website is provided for general information only. The information provided in the Website is intended to provide 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, BSN medical cannot be held liable in the unlikely event that a virus is transmitted to the user’s computer systems.

    The user hereby indemnifies BSN medical, its members and employees and waives any rights it may have against BSN medical 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 material on the Website is provided “as is”, without any conditions, warranties or other terms of any kind.

    14. LIABILITY


    Subject to the provisions Electronic Communications and Transactions Act, and to the extent allowed by law, BSN medical 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.

    15. Contact us


    If you have concerns or questions regarding this Privacy Policy, please contact us:

    BSN medical GmbH
    Corporate Communications
    Quickbornstraße 24
    D-20253 Hamburg, Germany
    Tel: +49 (0) 40 4909-909
    [email protected]