Terms & conditions

Smart Salem Medical Center Limited, Smart Salem Medical Center LLC and Smart Salem Medical Center 3 FZ LLC (collectively “Smart Salem”, “we” or “us”) values your privacy. Smart Salem Medical Center Limited is required to comply with Dubai International Financial Centre (“DIFC”) Data Protection Law, DIFC Law No. 5 of 2020 (the “DP Law”). Smart Salem chooses to uphold the same standard required by these laws across all of their Dubai companies.

Please read the below Website Terms of Use and Privacy Policy (““Policy”) carefully as it contains important information on who we are and how and why we collect, store, use and share your personal data when you use our services. It also explains your rights in relation to your personal data and how to contact us in the event that you have a complaint.

By accessing this website and / or availing Smart Salem services, you acknowledge that you accept the following Website Terms of Use and Privacy Policy.

Website Information

Our head office is located in Dubai Knowledge Park, Dubai, UAE and our website is operated and managed from the head office. If you choose to visit this website from countries or regions outside the UAE, you do so at your own discretion and must comply with local laws.

Electronic Communications

Visiting www.smartsalem.ae or sending emails to us constitutes electronic communications. By using our website or communication services, you consent to receive electronic communications from us. These communications may include agreements, notices, disclosures, and other information, and they satisfy any legal requirement for written communication.

The Company's Rights

In providing you with access to the website, we reserve the right to:

  1. Refuse or withdraw your access to the website if, in our sole discretion, you violate or breach any of these Terms.
  2. Report you to the police or other judicial bodies if we believe, in our sole discretion,

Restrictions on Use

You are granted permission to use our website under the condition that you:

  1. Do not use the content on the website for any commercial purpose.
  2. Do not use the content or the website for any illegal purpose.
  3. Do not attempt to gain unauthorized access to any other user's computer systems or networks associated with the website.
  4. Do not modify or tamper with the website.
  5. Do not use the website or its content in a way that infringes on the intellectual property or other rights of third parties, including trademarks, copyrights, rights of privacy, or rights of publicity.
  6. Do not interfere with or disrupt networks connected to the website or violate the regulations, policies, or procedures of such networks.

Accuracy of Information

We strive to ensure that the information on this website is complete, accurate, and up to date. However, there may be occasional inaccuracies, incompleteness, or typographical errors. We make no representation regarding the completeness, accuracy, or correctness of any information on this website. We reserve the right to correct errors, inaccuracies, or omissions and to change or update information without prior notice, including after you have made a booking. We are not obligated to update, amend, or clarify information on the website, except as required by law.

Termination

We may change or discontinue the availability of the website at any time without prior notice. We also reserve the right to terminate these Terms for any reason, without notice. These Terms will automatically terminate if you violate any of the set conditions, without prejudice to our accumulated rights against you.

Disclaimers

You acknowledge and agree that the disclaimers and limitations of liability in these Terms of Use are reasonable and fair between you and us.

We assume no liability or responsibility for:

  1. Damages to your computer, telecommunication equipment, or other property caused by or arising from your access to or use of this website.
  2. Errors, mistakes, or inaccuracies on the website.
  3. Acts or omissions of users, partners, advertisers, or other parties on or through the website.
  4. Unauthorized access to or use of the website.
  5. Interruption or cessation of transmission to or from the website.
  6. Physical or emotional injuries to you or third parties related to the website.
  7. Bugs, viruses, trojan horses, or similar harmful elements.
  8. Severability

If any of these terms and conditions or any provisions of a contract are determined to be invalid, unlawful, or unenforceable by a competent authority, that term, condition, or provision will be severed to the extent necessary. The remaining terms, conditions, and provisions will continue to be valid to the fullest extent permitted by law.

Privacy policy

WHO WE ARE

Smart Salem is the data controller responsible for your personal data. Our contact details can be found at the bottom of this Policy.

THE TYPES OF PERSONAL DATA WE COLLECT

We may collect and process the following kinds of personal data about you (which may include special categories of personal data) from the sources identified therein, including but not limited to our app, our website, or collected by us when you visit us at one of our on-site health centres or clinics. Whilst most of the personal data we collect comes directly from you, some of it may come from third parties such as from other healthcare providers, clinics, labs, or medical professionals.

Information you give us or we request from you at Smart Salem:

  1. Contact details that are necessary for registration with our centre, such as your email address, billing address, contact telephone numbers, residential address, P.O Box.
  2. Demographic information such as your age, gender and nationality.
  3. Feedback and rating information you provide to us such as survey feedback.
  4. Payment information collected by our payment gateway provider necessary for the facilitation of transactions, such as credit/debit card numbers, expiration dates and security code;
  5. Identity information, including your first name, last name, age/date of birth, gender, passport copy/number and ID number/copy;
  6. Special categories of personal data, which may include, without limitation: health details, including your medical history, diagnosis, and health insurance, general health information, symptoms, treatments and medications, consultations such as notes and recordings, procedures such as surgery, scans or x-rays.

Information we collect about you online or over the phone:

  • Account history information related to your test results / services purchase.
  • Calls, emails or live chat conversations with our support team
  • Where it is allowed by your browser settings or device, we may collect the following types of usage data and technical information:
    1. tracking information such as IP address, device identifier, location data, browser type and language, access times, the Uniform Resource Locator (URL), other unique identifiers, and other technical data that may uniquely identify your device, system or browser;
    2. browser history information about the online pages you visit;
    3. performance information and error reports of the transactions facilitated by us for you on the website / app and information regarding any problems you experience;
    4. help information and troubleshooting information in relation to support services, phone conversations, or chat sessions with our representatives which may be monitored and recorded; and
    5. the model and make of your device, language, time-zone and location settings.

PURPOSE AND LEGAL GROUNDS FOR PROCESSING PERSONAL DATA

We will collect, store and process your personal data (which may include special categories of personal data) for the following purposes:

(a) for the purpose of our legitimate interests

This may include processing of personal data for:

  • the on-boarding of new customers ; and/or
  • the provision of services; and/or
  • improvement of our products and services; and/or
  • marketing purposes (including the organisation of marketing events and management of the related invitations); and/or
  • preventing or facilitating the settlement of any claims, disputes or litigations; and/or
  • the exercise or defence of our rights or the rights of other natural or legal persons; and/or
  • disclosure to our processors in order to process it on our behalf.

The provision of personal data for this purpose may be a requirement necessary for us to enter into a relationship, or to continue the relationship, with the relevant customer or prospect, service provider, counterparty, or other third party. In this case, the data subject is obliged to provide the relevant data;

(b) for the execution of a contract to which the data subject is party or in order to take steps at the data subject’s request prior to entering into a contract

This may include the form or contract signed, or to be signed, by the relevant data subject for specific purposes, including but not limited to, being contacted by us, entering into a relationship with us or being authorised to use our online services or applications. The provision of data for this purpose has a (pre)contractual nature. In this for compliance with legal and/or regulatory obligations to which we are subject

This includes compliance with legal and/or regulatory obligations such as:

  • generating health reports.
  • compliance with, the requests emanating from, and the requirements of federal and local regulatory authorities such as Ministry of Health and Prevention (MOHAP), Dubai Health Authority (DHA), Dubai Health (DH), Federal Authority for Identity, Citizenship Customs and Port Security, General Directorate of Residency and Foreigners Affairs – Dubai (GDFRA) and any other supervisory authorities ).
  • The provision of data for this purpose has a statutory/regulatory nature. In this case, the data subject is obliged to provide the relevant data;

for any other specific purposes to which the data subject has consented.

Not providing data for the above mentioned purposes may result (to the extent applicable) in the impossibility for us (i) to enter into a relationship with the relevant customer or prospective service provider, counterparty, or other third party, and/or (ii) to provide our products or services, and/or (iv) to authorise the use of our online services or applications, and/or (v) to continue our relationship with the relevant customer or prospect, service provider, counterparty.

HOW LONG THE PERSONAL DATA MAY BE HELD

  • Information may be held at the offices of Smart Salem subject to applicable laws.
  • Although there is no specific period for which we will keep your personal data, we will not keep it for longer than is necessary for our purposes. In general, we will keep your personal data for the duration of providing our services to you and for at least 25 years after the provision of each specific health service. This period may be extended if it is proportionate with the need to keep such data, depending on its clinical, health or genetic implications for you (we rely on advice from healthcare professionals in this situation).

INFORMATION ON COOKIES

  • The website / app uses “Cookies” to enable you to sign into our services and to help personalise your online experience. These technologies and the information collected about you may be used to track your activity across multiple devices. Where appropriate, we use Cookies to store your preferences and other information on your computer and mobile devices in order to save you time by eliminating the need to enter the same information repeatedly.
  • You can manage your Cookie preferences and/or disable the Cookies we use by checking the “Help” or “Settings” option in your browser. While you are able to reject or delete cookies if you no longer wish to store them on your computer, please be aware that some functionalities and Services may be reduced or will not work as a consequence. Note, you will not be able to opt-out of necessary cookies.

SHARING OF PERSONAL DATA

We may, in some instances be required to share some of your personal data set out in clause 3 above with the following recipients:

  • Our employees;
  • Third party clinics, labs, hospitals or other healthcare service providers;
  • Referral services such as hospitals, pharmacists and specialists;
  • Third party CRM and marketing services providers; and
  • Other companies in our group of companies, specifically: Smart Salem Medical Center Limited (DIFC entity), Smart Salem Medical Centre LLC (onshore entity), Smart Salem Medical Centre 3 FZ LLC (DDA entity).

TRANSFER OF PERSONAL DATA

  • In certain instances, your personal data may need to be transferred outside the DIFC jurisdiction to mainland UAE or to other foreign jurisdictions not determined by the DIFC Commissioner of Data Protection as providing an adequate level of protection to such personal data. All such transfers of your personal data will be safeguarded by taking appropriate measures in compliance with applicable laws.
  • We will ensure that any transfer is lawful and that there are appropriate processing arrangements in place to ensure the protection of your personal data. We do not transfer data related to your health, medical diagnosis, test results, or health insurance facilities to recipients outside the UAE (although we may transfer such data outside the DIFC to mainland UAE subject to entering into appropriate safeguards).
  • For further information in relation to the safeguards applied to the transfer of your personal data, please contact us on the information provided below.

YOUR RIGHTS

Under applicable law, you have the following rights:

  • Access and Accuracy: the right to ask us to provide you, or a third party, with copies of the personal data we hold about you at any time and to be informed of the contents and origin, verify its accuracy, or else request that such information be supplemented, updated or rectified in accordance with the applicable law;
  • Rectification, Erasure or restriction: the right to request rectification, erasure, anonymisation or restriction of your personal data;
  • Objecting: the right to object, in certain circumstances, to the processing of your personal data. In certain circumstances we may not be able to stop using your personal data, if that is the case, we will let you know why;
  • Complaints: if you believe that your data protection rights may have been breached, you have the right to lodge a complaint to the applicable supervisory or data protection authority;
  • Withdraw consent: where you have provided your consent to the collection, processing, or transfer of your personal data, you may have the legal right to withdraw your consent under certain circumstances. Please note that your withdrawal of consent, however, does not affect the legality of data processed based on your consent prior to such withdrawal;
  • Right to data portability: you have the right to receive the personal data which you provided to us in a structured, commonly used and machine reasonable format where processing is based on consent or the performance of a contract;
  • Non-discrimination: you have the right to not be discriminated against for exercising any of your data subject rights under this clause 9. We may not deny you with goods or services on the grounds of you exercising any of the data subject rights mentioned under this clause 9. If you would like to know more about your specific rights in relation to your personal data or exercise any of the above rights, please contact us at the addresses indicated under the Contact Section of the Policy.

AUTOMATE DECISION MAKING

  • We may automatically collect certain types of usage information from you when you visit our website or app. We may do so through a variety of data collection technologies such as web beacons, cookies, embedded scripts, file information, location identifying technologies and other similar technology. For instance, we might gather data about a person's hardware and software, including their IP address, browser type, ISP, platform, device type, operating system, date and time stamp, and other relevant details. To learn more about the demographics of our users and to measure traffic and usage trends for our services, we may gather analytics data or use third-party analytics tools like Google Analytics.
  • We may also automatically process your health data at our test center for diagnostic purposes.

INFORMATION SECURITY

We have implemented reasonable administrative, technical and physical measures to protect your personal data against loss, misuse and alteration.

RECORDING OF TELEPHONE CONVERSATIONS AND VIDEO SURVEILLANCE

Telephone conversations

For the purpose of serving as evidence of commercial transactions and/or any other commercial communications and then preventing or facilitating the settlement of any disputes or litigations, the data subject’s telephone conversations with and/or instructions given to us may be recorded in accordance with the applicable laws and regulations. These recordings shall not be disclosed to any third parties, unless we are compelled or entitled to do so under the applicable laws and/or regulations, in order to achieve the purpose previously mentioned in this paragraph.

Video surveillance

We also use a video surveillance system in and around our offices for security reasons and we may therefore record videos in which the data subject may appear.

CHANGES TO TERMS OF USE AND PRIVACY POLICY

We may from time to time make changes to the website terms of use and privacy policy. Please check back regularly to keep informed of updates to this notice. These changes are effective immediately, after they are posted on our website, smartsalem.ae.

CONTACT DETAILS

If you have any questions about the website terms of use or privacy policy, or our processing of your personal data, please contact us via the Contact Us page on our website, at contact@smartsalem.ae or by calling +971 (0) 4 260 4900.

Our Data Protection Officer may also be contacted at the following email address:

neil.bezuidenhout@smartsalem.ae