Libalele Health and Social Welfare (Pty) Ltd (“Libalele”, “we”, “us”, “our”) respects your privacy and is committed to protecting the personal information you share with us. This Privacy Policy explains how we collect, use, disclose and protect personal information obtained through this website (libalelewellness.co.za), in accordance with the Protection of Personal Information Act 4 of 2013 (“POPIA”) and all applicable regulations issued under it.
By using this website or submitting an enquiry, you acknowledge that you have read and understood this policy.
1. Responsible party
Libalele Health and Social Welfare (Pty) Ltd is the responsible party for personal information collected through this website, as defined in section 1 of POPIA.
| Registered name | Libalele Health and Social Welfare (Pty) Ltd |
|---|---|
| Physical address | Shop 10, Elsburg Shopping Centre, 4 Voortrekker Street, Elsburg, Ekurhuleni |
| Telephone | 010 595 2311 |
| info@libalelewellness.co.za |
2. Information Officer
In terms of section 55(2) of POPIA, Libalele has designated an Information Officer who is responsible for ensuring that Libalele complies with its obligations under POPIA and for dealing with requests made by data subjects.
| Information Officer | Ms Nonhlanhla Dube, Founder and Managing Director |
|---|---|
| info@libalelewellness.co.za | |
| Telephone | 010 595 2311 |
| Physical address | Shop 10, Elsburg Shopping Centre, 4 Voortrekker Street, Elsburg, Ekurhuleni |
3. Information we collect
We apply the principle of data minimisation: we collect only the information that is necessary for the specific purpose for which it is collected.
3.1 Website enquiry forms
When you submit an enquiry through this website, we may collect:
- your name and surname;
- your email address and telephone number;
- your organisation name and role (for workplace wellness and partnership enquiries);
- your preferred contact method and the general area of support you are interested in;
- any message or additional information you choose to include.
Important: we do not request detailed health, medical or psychological information through this website.
Please do not include sensitive personal information, such as diagnoses, medication or the details of a personal crisis, in website enquiry forms. Such matters are discussed privately and confidentially with a Libalele practitioner once we have made contact with you.
3.2 Service delivery (counselling and wellness engagements)
Where Libalele provides counselling, social welfare or workplace wellness services directly to individuals or organisations, we collect additional information through means other than this website. This may include health-related and other special personal information as defined in section 26 of POPIA. Such information is collected and processed under a separate client agreement and is subject to Libalele’s full confidentiality obligations as a health and social welfare provider. See section 5 of this policy.
4. Why we use your information
We process your personal information for the following lawful purposes:
| Purpose | Lawful basis |
|---|---|
| Responding to your enquiry | Your consent (given on form submission), and to take steps at your request prior to entering a service relationship (POPIA section 11(1)(b) and (c)) |
| Arranging appointments or service agreements | Necessary for the conclusion or performance of a contract to which you are a party (POPIA section 11(1)(b)) |
| Partnership or workplace wellness discussions | Your consent and legitimate interest in the performance of our services (POPIA section 11(1)(f)) |
| Meeting legal and regulatory obligations | Compliance with a legal obligation (POPIA section 11(1)(c)) |
| Sending service updates or promotional communications | Your explicit consent (POPIA section 11(1)(a) and section 69). See section 11 of this policy. |
5. Special personal information
Section 26 of POPIA prohibits the processing of “special personal information”, which includes information about a person’s health, mental health, sex life and similar categories, unless one of the grounds in section 27 applies.
As a registered health and social welfare provider, Libalele processes health-related and other special personal information where:
- you have given your explicit consent (section 27(1)(a) of POPIA);
- the processing is necessary for the establishment, exercise or defence of a right or obligation in law (section 27(1)(b));
- the processing is carried out by Libalele in its capacity as a social services provider or healthcare institution, for the purposes of providing care, in which case processing is permitted under section 32(1)(a) of POPIA, subject to our professional duty of confidentiality;
- the processing is required by a court order or by law.
We do not share special personal information without your written consent, except:
- where required by law or by a court of competent jurisdiction;
- in a medical or psychiatric emergency where disclosure is necessary to protect your life or the life of another person;
- where disclosure is made between health or social welfare professionals acting in your interest, as permitted by section 32 of POPIA and the National Health Act 61 of 2003.
All Libalele practitioners who access special personal information are bound by professional confidentiality obligations and by written confidentiality undertakings in their employment or service agreements.
6. Service providers and sharing of information
We do not sell, rent or trade personal information. We share personal information only in the following limited circumstances:
6.1 Website and technology service providers
We use the following service providers to operate this website and receive your enquiries:
- a website hosting provider based in the European Union, subject to the General Data Protection Regulation (GDPR) (see section 7 for information about cross-border data transfers);
- a South African email service provider, through which enquiry form submissions are delivered to our inbox.
Both providers process personal information only on our behalf, only for the purpose of operating this website and delivering enquiry emails, and are bound by appropriate data processing agreements and confidentiality obligations. They do not use your information for any other purpose.
6.2 Other disclosures
We may also disclose personal information:
- to professional advisers (attorneys, auditors, accountants) under strict confidentiality obligations;
- to regulators, courts or law enforcement where required by law;
- with your consent, to other organisations or individuals you have asked us to engage with on your behalf.
7. Cross-border transfers of personal information
Section 72 of POPIA restricts the transfer of personal information to countries outside South Africa unless adequate protection is in place. Our website is hosted by a provider based in the European Union.
Basis for cross-border transfer
Our EU-based website hosting provider is subject to the General Data Protection Regulation (EU 2016/679) (“GDPR”). The Information Regulator of South Africa regards GDPR-compliant jurisdictions as providing a level of protection substantially similar to POPIA, satisfying the adequacy requirement under section 72(1)(a). We have entered into a data processing agreement with this provider requiring it to process personal information only as instructed by us, to maintain appropriate security measures, and to comply with applicable data protection law.
Enquiry emails are processed exclusively within South Africa by our South African email provider and do not involve a cross-border transfer.
No personal information is transferred to any other country outside South Africa without adequate protection, your consent, or prior authorisation from the Information Regulator where required.
8. Retention of personal information
We retain personal information only for as long as necessary to fulfil the purpose for which it was collected, or as required by applicable law. The following retention periods apply:
| Information type | Retention period | Legal basis |
|---|---|---|
| Website enquiry submissions | 12 months from last contact | POPIA data minimisation principle; securely deleted or de-identified thereafter |
| Clinical and counselling records | Minimum 6 years from last treatment date | HPCSA Booklet 9 (Record-Keeping); POPIA section 14 |
| Records relating to minors | Until the person’s 21st birthday | HPCSA Booklet 9; POPIA sections 34–35 |
| Records of persons with mental incapacity | For the person’s lifetime | HPCSA Booklet 9; National Health Act 61 of 2003 |
| Financial and accounting records | 5 years | Companies Act 71 of 2008; Income Tax Act 58 of 1962 |
| Records where law prescribes a longer period | As prescribed | Applicable legislation |
After the applicable retention period, records are securely destroyed in a manner that prevents their reconstruction or recovery.
9. Security
We implement reasonable and appropriate technical and organisational measures to protect personal information in our possession or under our control against loss, damage, unauthorised access, disclosure, alteration and destruction, including:
- this website is served exclusively over an encrypted HTTPS connection (TLS/SSL);
- access to personal information is restricted to authorised Libalele personnel and service providers on a need-to-know basis;
- our EU-based website hosting provider maintains ISO/IEC 27001-equivalent information security practices;
- staff and contractors with access to personal information are bound by written confidentiality undertakings.
No method of electronic transmission or storage is completely secure. We cannot guarantee absolute security, but we will notify you and the Information Regulator of any security compromise involving your personal information as required by section 22 of POPIA.
10. Children’s personal information
This website is not directed at children under the age of 18. We do not knowingly collect personal information from minors through this website without the consent of a competent person (parent or guardian) as required by sections 34 and 35 of POPIA.
If you are under 18, please do not submit personal information through this website without the knowledge and consent of a parent or guardian. If we become aware that we have inadvertently collected personal information from a minor without appropriate consent, we will take immediate steps to delete that information from our records.
Where Libalele provides services to or involving minors through means other than this website, for example family counselling or youth wellness programmes, we process such information only with the consent of a competent person and in accordance with the best interests of the child, as required by POPIA and the Children’s Act 38 of 2005.
11. Communication and direct marketing consent
11.1 Responding to your enquiry
When you submit an enquiry through this website, we will respond to you using the contact details you have provided. This may include contact by telephone, email or WhatsApp. This communication is a response to your request and does not constitute direct marketing.
11.2 Promotional communications
We will not send you newsletters, health tips, service promotions or other marketing communications without your explicit prior consent, as required by section 69 of POPIA. If we wish to include you in a mailing list or send you promotional material, we will ask for your separate, specific consent at the time of collection. You may withdraw this consent at any time by:
- clicking the “unsubscribe” link in any email we send you;
- sending an email to info@libalelewellness.co.za with the subject line “Unsubscribe”.
Withdrawal of consent for communications does not affect the lawfulness of processing carried out before the withdrawal, and does not affect our ability to contact you in connection with an active service arrangement.
12. Cookies
Please refer to our Cookie Policy for full details of how we use cookies and similar technologies on this website, what choices you have, and how to manage your preferences.
13. Your rights under POPIA
Under POPIA, you have the following rights in respect of personal information we hold about you:
| Right | What it means | How to exercise it |
|---|---|---|
| Right to access | You may request confirmation of whether we hold personal information about you, and a copy of that information (POPIA section 23). | Submit a written request to our Information Officer. |
| Right to correction or deletion | You may request that we correct inaccurate, incomplete or outdated information, or delete information we are no longer lawfully entitled to retain (sections 23–24). | Submit a written request to our Information Officer. |
| Right to object | You may object to the processing of your personal information on grounds relating to your particular situation, in terms of section 11(3) of POPIA. | Submit a written objection to our Information Officer. |
| Right to withdraw consent | Where processing is based on your consent, you may withdraw that consent at any time (section 11(1)(a)). | Contact us at info@libalelewellness.co.za. |
| Right not to be subject to automated decision-making | You have the right not to be subject to a decision based solely on automated processing of personal information that has significant effects on you. | Contact our Information Officer. |
| Right to complain | You may lodge a complaint with the Information Regulator of South Africa if you believe we have processed your information unlawfully (section 74). | See section 14 below. |
14. Complaints to the Information Regulator
If you are not satisfied with our handling of your personal information or our response to a request, you have the right to lodge a complaint with the Information Regulator of South Africa:
| Website | www.inforegulator.org.za (opens in a new tab) |
|---|---|
| General email | inforeg@justice.gov.za |
| POPIA complaints | POPIAComplaints@inforegulator.org.za |
| PAIA complaints | PAIAComplaints@inforegulator.org.za |
| Postal address | JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001 |
| Telephone | 010 023 5200 |
15. Changes to this policy
We may update this Privacy Policy from time to time to reflect changes in our practices, in POPIA regulations, or in the services we provide. When we make material changes, we will update the “Last updated” date at the top of this policy and, where appropriate, notify you by email or by displaying a notice on the website.
The latest version of this policy will always be available at libalelewellness.co.za/privacy-policy.