Last modified: 02/22/2019
- On our website and through our mobile applications (collectively, the “Website”).
- In email, text, and other electronic messages between you and this Website.
- When you otherwise interact with us in connection with the use of our Services.
It does not apply to information:
- Collected by us outside of the Services we provide, including on any other website operated by Company or any third party.
- Collected by any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website. We are not responsible for the information practices of such third party websites.
- Provided to third parties that sell products and delivery products through the Website.
2. Users Under the Age of 18
Our Services are not intended for users under 18 years of age and registered users must be at least 18 years of age. No one under age 18 may provide any information to or on the Website, or register on the Website. We do not knowingly collect personal information from users under 18 or allow them to register on the Website. If you are under 18, do not use or provide any information on the Website, or on or through any of its features, use any of the interactive or public comment features of the Website or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If you are under the age of 18, you may not register with the Website, and thus may not make any purchases or access educational services through the Website. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under the age of 18, please contact us at
3. Information We Collect About You and How We Collect It
We collect several types of information from and about users of our Services, including information:
- By which you may be personally identified, such as name, postal address, e-mail address, telephone number, and ANY OTHER INFORMATION THE WEBSITE COLLECTS THAT IS DEFINED AS PERSONAL OR PERSONALLY IDENTIFIABLE INFORMATION UNDER AN APPLICABLE LAW ("Personal Information");
- If you request an educational consultation or purchase certain products, we will collect your identity number or other identification information in order to verify you are 18 or more years of age;
- About your internet connection, the equipment you use to access our Website and usage details; and
We collect this information:
- Directly from you when you provide it to us.
- Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
- From third parties, for example, our business partners.
4. Information You Provide to Us
The information we collect on or through our Website and other Services may include:
- Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, subscribing to our service, posting material, or requesting further services. We may also ask you for information when you report a problem with our Website.
- Records and copies of your correspondence (including email addresses), if you contact us.
- Your responses to surveys that we might ask you to complete for research purposes.
- Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website.
- Your search queries on the Website.
- Specific information which we collect related to educational consultations provided by health care providers through our Website (“Health Care Providers”).
You also may provide information to be published or displayed (hereinafter, "Posted") on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, "User Contributions"). Your User Contributions are posted on and transmitted to others at your own risk. Please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
5. Information We Collect Through Automatic Data Collection Technologies.
As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
- Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
- Information about your computer and internet connection, including your IP address, operating system, and browser type.
The information we collect automatically may include personal information or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:
- Estimate our audience size and usage patterns.
- Store information about your preferences, allowing us to customize our Website according to your individual interests.
- Speed up your searches.
- Recognize you when you return to our Website.
The technologies we use for this automatic data collection may include:
- Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
- Web Beacons. Pages of our Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs). Web beacons may be used to collect anonymous information about your use of our website, the websites of selected advertisers, and the emails, and special promotions or newsletters that we send you. The information collected by Web Beacons allows us to analyze how many people are using the website, using the selected advertisers’ websites or opening our emails, and for what purpose, and also allows us to enhance our interest-based advertising.
- Website Analytics. We may use third-party website analytics services in connection with the website, including, for example, to register mouse clicks, mouse movements, scrolling activity and text that you type into the website or mobile application. These website analytics services generally do not collect personal information unless you voluntarily provide it and generally do not track your browsing habits across websites which do not use their services. We use the information collected from these services to help make the website easier to use.
- Mobile Device Identifiers. Mobile device identifiers are data stored on your mobile device that may track mobile device and data and activities occurring on and through it, as well as the applications installed on it. Mobile device identifiers enable collection of personal information (such as media access control, address, and location) and traffic data. Mobile device identifiers help the Company learn more about our users’ demographics and internet behaviors.
We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.
7. Social Media and Third Party Platforms
8. How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information:
- To present our Website and its contents to you;
- To personalize your experience with the Services by informing you of products, programs, events, services, and promotions of Company, our affiliates, our partners and/or third parties that we believe may be of interest to you;
- To provide, maintain, administer, improve, or expand the Services, perform business analyses, or for other internal purposes to support, improve or enhance our business, the Services, and other products and services we offer;
- To provide you with information, products, or services that you request from us;
- To fulfill any other purpose for which you provide it;
- To provide you with notices about your account, including expiration and renewal notices;
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
- To notify you about changes to our Website or any products or services we offer or provide though it;
- To otherwise contact you when necessary or requested;
- To allow you to participate in interactive features on our Website;
- To present to third party retailers and delivery services that you may order through the Website;
- In any other way we may describe when you provide the information;
- For any other purpose with your consent or at your request;
- To send mobile notifications;
- To send emails and other communications that display content that we think will interest you and according to your preferences;
- To send you news and information about our Services;
- To track and analyze trends and usage in connection with our Services;
- To better understand who uses the Services and how we can deliver a better user experience;
- To use statistical information that we collect in any way permitted by law, including from third parties in connection with their commercial and marketing efforts;
- To prevent, detect, and investigate security breaches, fraud, and other potentially illegal or prohibited activities;
- To enforce the legal terms that govern your use of the Services;
- To protect our rights or property;
- To administer and troubleshoot the Services;
- For purposes of removing personal identification to create de-identified data sets;
- At your discretion in connection with your participation in forums and other user-generated discussion; and
- For any other purpose disclosed to you in connection with our Services.
If you do not want us to use your information to contact you about our own and third-parties' goods and services that may be of interest to you, please adjust your user preferences in your account profile. For more information, see Choices About How We Use and Disclose Your Information.
We may use the information we have collected from you to enable us to display advertisements to our advertisers' target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
9. Disclosure of Your Information
- To Health Care Providers.
- To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
- If necessary to obtain financing, or to a potential or actual buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Company’s business or assets (but only under non-disclosure and confidentiality agreements and protections).
- In connection with a bankruptcy, liquidation, or similar proceeding, in which personal information we hold about our Website users is among the assets transferred.
- To third parties to market their products or services to you if you have not opted out of these disclosures. For more information, see Choices About How We Use and Disclose Your Information.
- To fulfill the purpose for which you provide it.
- For any other purpose disclosed by us when you provide the information.
- With your consent.
We may also disclose your personal information:
- To comply with any court order, law, or legal process, including responding to any government or regulatory request.
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Company, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
10. Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
- Opt-Out Limitations. Please note that even after opting out of interest-based advertising, you may still see Company’s advertisements that are not interest-based (i.e., not targeted toward you). Also, opting out does not mean that Company is no longer using its tracking tools—Company still may collect information about your use of the Services even after you have opted out of interest-based advertisements and may still serve advertisements to you via the Services based on information it collects via the Services.
- Promotional Offers from the Company. If you do not wish to have your email address/contact information used by the Company to promote our own products or services, you can opt-out by logging into the Website and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to email@example.com.
- Third Parties. We do not control third parties' collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on NAI's website, the Digital Advertising Alliance’s Consumer Opt-Out link or the TRUSTe’s Advertising Choices Page.
11. Accessing and Correcting Your Information
You can review and change your personal information by logging into the Website and visiting your account profile page.
You may also send us an email at firstname.lastname@example.org to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
12. Data Security
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions are encrypted.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website like message boards. The information you share in public areas may be viewed by any user of the Website.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
13. How Company Responds to Browser “Do Not Track” Signals
We are committed to providing you with meaningful choices about the information collected on our Site for third-party purposes, and that is why we provide above the Network Advertising Initiative’s “Consumer Opt-out” link, Digital Advertising Alliance’s Consumer Opt-Out Link, and TRUSTe’s Advertising Choices page. However, we do not recognize or respond to browser-initiated Do Not Track signals, as the Internet industry is currently still working on Do Not Track standards, implementations and solutions. For more information about DNT signals, visit http://allaboutdnt.com.
15. No Rights of Third Parties
16. Contact Information
Content on this site is for reference purposes and is not intended to substitute for advice given by a physician, pharmacist, or other licensed health-care professional. While we work to ensure that product information is correct, on occasion manufacturers may alter their ingredient lists. Actual product packaging and materials may contain more and/or different information than that shown on our Web site. We recommend that you do not solely rely on the information presented and that you always read labels, warnings, and directions before using or consuming a product. For additional information about a product, please contact the manufacturer. Content on this site is for reference purposes and is not intended to substitute for advice given by a physician, pharmacist, or other licensed health-care professional. You should not use this information as self-diagnosis or for treating a health problem or disease. Contact your health-care provider immediately if you suspect that you have a medical problem. Information and statements regarding dietary supplements have not been evaluated by the South African Health Products Regulatory Authority and are not intended to diagnose, treat, cure, or prevent any disease or health condition. HelloMD assumes no liability for inaccuracies or misstatements about products.
This website, located at https://www.hellomd.co.za, and the HelloMD Mobile Applications (collectively, the “Site”), are owned and operated by HMDSA (Pty) Ltd (and collectively with its holding companies, subsidiaries, affiliates, successors, and assigns, “HelloMD(SA),” “We,” or “Us”).
We are a technology provider not a medical service provider, medical insurance company, or other business dealing with medical insurance. While the Services may allow you to communicate with health care providers with expertise in the use of medical cannabis (“Health Care Providers”) the Services they provide are for general educational purposes only and cannot and are not intended to provide medical advice. Health Care Providers may use the Site to provide educational consultations; they are prohibited from providing medical advice. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT RECOMMEND OR ENDORSE ANY SPECIFIC DRUGS, TESTS, PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS, “OFF-LABEL” DRUG USES, OR ANY OTHER INFORMATION THAT MAY BE PROVIDED THROUGH OUR SITE.
IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR. THIS SITE FACILITATES COMMUNICATION WITH A HEALTH CARE PROVIDER FOR EDUCATIONAL PURPOSES AND IN CERTAIN CIRCUMSTANCES FACILITATES DIRECT COMMUNICATION WITH THE SAME. IT DOES NOT REPLACE YOUR RELATIONSHIP WITH ANY HEALTH CARE PROVIDER OR OTHER HEALTH CARE SERVICE, AND HELLOMD(SA) DOES NOT PROVIDE MEDICAL ADVICE, RECOMMENDATIONS OF CANNABIS FOR MEDICAL USE, DISTRIBUTION OF CANNABIS IN ANY FORM WHATSOEVER FOR THE PURPOSE OF MEDICAL TREATMENT OR OTHERWISE, CARE, DIAGNOSIS, OR TREATMENT. HELLOMD(SA) DOES NOT ENDORSE THE INFORMATION PROVIDED TO YOU BY HEALTH CARE PROVIDERS THROUGH THE SITE. NONE OF THE INFORMATION ON THIS SITE OR THROUGH THE EDUCATIONAL CONSULTATIONS REPRESENTS OR WARRANTS THAT ANY PARTICULAR PRODUCT, THERAPY, OR OTHER TREATMENT IS SAFE, APPROPRIATE, RECOMMENDED, OR EFFECTIVE FOR YOU.
Our Site enables educational consultations with Health Care Providers that do not constitute the practice of medicine (“Educational Consultations”). Educational Consultations are intended to allow you to ask Health Care Providers questions regarding the use of cannabis and cannabis-derived products of a general nature for informational and educational purposes only. For example, you may be interested in getting information from a physician who is familiar with the medicinal use of cannabis to provide to your primary care doctor. Educational Consultations do not include diagnosis, treatment, or assessment of any medical condition, the recommendation of cannabis for medical use, or assessment of whether the use cannabis or cannabis-derived products would be appropriate for you, but may provide useful information for you to consider or to share with your physician. You agree that you will not seek any diagnosis, prognosis, treatment, prescription, product recommendation, or medical advice of any kind from the Health Care Providers through Educational Consultations. Any communications from Health Care Providers during Educational Consultations should not be taken as medical advice for your personal situation, and will instead be based on the experiences of Health Care Providers, their general education and training, and their medical education and experience. Use of Educational Consultations is not a substitute for seeing your own doctor who is familiar with your medical history. We make no representations about the quality, reliability, timing, integrity, authenticity, accuracy, or appropriateness of the information provided by the Health Care Providers, and We assume no responsibility for any of the foregoing as more fully set forth below.
Acceptance of Legal Risk
Cannabis products containing THC are currently listed as a Schedule 7 products and Cannabis products containing CBD with a daily dosage prescription of more than 20 milligrams are listed as Schedule 4 products pursuant to the schedules to the MEDICINES AND RELATED SUBSTANCES CONTROL ACT NO. 101 OF 1965.
Limitation of Liability
IN NO EVENT SHALL HELLOMD(SA) BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, CRIMINAL CHARGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, DAMAGES, OR ANY OTHER LEGAL BASIS, AND WHETHER OR NOT HELLOMD(SA) ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
HELLOMD(SA) SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED R10,000.5
NEITHER HELLOMD(SA) NOR ANY THIRD PARTIES MENTIONED ON THE SITE ARE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, OR CRIMINAL ACTION AGAINST YOU CAUSED BY YOUR USE OR MISUSE OF THE SITE. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SITE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED.
THE SALE OF CANNABIS FOR RECREATIONAL USE, REMAIN CRIMES AND NEITHER HELLOMD(SA) NOR HEALTH CARE PROVIDERS ARE LIABLE FOR ANY CRIMINAL ARREST OR PROSECUTION YOU MAY EXPERIENCE AS A RESULT OF YOUR POSSESSION, USE, CULTIVATION, MANUFACTURE, OR DISTRIBUTION OF CANNABIS FOR MEDICAL OR RECREATIONAL USE OR OTHERWISE.