Terms & Conditions and Privacy Policy

HELPtag Terms & Conditions

These Terms govern the use of the HELPtag website at www.helptag.co.za, user accounts, related services and identification products. In these Terms, “HELPtag”, “we”, “our” and “Supplier” refer to the HELPtag service operated by Hydra Solutions (Pty) Ltd, subject to confirmation of the correct contracting legal entity. “Purchaser” means a person purchasing a product or service. “Account Holder” means the person responsible for an account. “Member” means a person whose information is recorded in an account. “User” includes an Account Holder or person using the service, as the context requires.

By ordering, registering or using HELPtag, you agree to these Terms. Any provision that limits liability, allocates risk or requires acknowledgement must be brought to the consumer's attention as required by applicable law. These Terms do not override mandatory rights under South African law.

1. Purchases, Pricing and Payment

1.1 Orders

Orders are placed through our online checkout or an authorised sales channel. An automated acknowledgement confirms receipt of an order but is not necessarily acceptance. An order is accepted when we confirm acceptance or dispatch the applicable product, subject to applicable consumer law. We may contact you if a product is unavailable or if an obvious pricing error is identified before acceptance.

1.2 Prices and VAT

Prices and any delivery charges are displayed during checkout. VAT will be shown and charged where required by applicable law and HELPtag's VAT registration status. We will not describe a price as VAT-inclusive or issue a VAT invoice unless legally entitled to do so. If a price must change before an order is accepted, the Purchaser may accept the revised price or cancel the order.

1.3 Payment

Payments may be processed by an independent payment service provider. Payment-card processing and the protection of payment information are subject to that provider's applicable safeguards and terms. HELPtag remains responsible for its own legal obligations and does not claim that a payment provider assumes all responsibility for a transaction.

2. Delivery, Product Availability and Condition

We aim to dispatch standard products within five working days and customised products within ten working days after order acknowledgement, where stock and production permit. These are estimates, not guaranteed delivery dates. Shipping charges and delivery details are confirmed at checkout. Delays and non-delivery are handled in accordance with applicable consumer law.

If an ordered product becomes unavailable, we will offer an appropriate alternative, revised delivery date or refund, as applicable. Users should inspect NFC tags, QR codes, printed identifiers and PINs for legibility and functionality and contact us promptly about defects. The original policy provides for replacement of products with illegible markings identified within 12 months of order; this undertaking does not reduce any statutory remedies available to consumers.

3. Service Scope, Account Access and Availability

HELPtag supplies a technology platform through which Account Holders may store, manage and make selected personal, emergency-contact and medical information accessible through compatible identification products, links, NFC readers or QR scanners.

Use requires suitable internet access, a compatible device or browser and an operational HELPtag service. We endeavour to maintain a reliable service but do not promise uninterrupted, error-free or permanently available access. Maintenance, network failures, power interruptions, cyber incidents and other events may affect availability. HELPtag must not be the sole source of essential emergency information.

Account and membership charges, renewal periods and any re-registration fees are those disclosed at purchase or renewal. Where a renewal is required, we will communicate the applicable terms. Account Holders are responsible for maintaining valid account access and any required subscription, subject to applicable consumer law.

4. Medical Information, Accuracy and Emergency Use

The Account Holder is responsible for the accuracy, completeness, relevance and timely updating of information supplied through their account, including allergies, medications, dosages, medical history, conditions, blood group, emergency contacts and other emergency details. HELPtag does not independently clinically assess, verify or certify user-submitted medical information.

To the extent permitted by law, HELPtag is not responsible for adverse outcomes caused by inaccurate, incomplete, misleading or outdated information supplied by users where HELPtag is not itself legally at fault. Users should review their records regularly and after any material medical or contact-detail change.

HELPtag cannot guarantee that a first responder, healthcare professional or bystander will find a product, have a suitable device or connection, access the information, understand it, rely on it or take a particular action. Decisions concerning diagnosis, treatment and emergency response remain with the relevant individuals and qualified professionals. Nothing in this clause excludes liability that cannot legally be excluded.

4.1 Information about other people

Account Holders who create profiles for family members, employees or other persons must have a lawful basis and appropriate authority to submit and manage those persons' information, including any required parental or guardian authority. HELPtag may request evidence of authority or restrict information where reasonably necessary to comply with the law. HELPtag remains responsible for its own statutory duties concerning personal information.

5. NFC Devices, QR Codes, Lost Products and PIN Security

HELPtag products may contain a readable NFC link, QR code, identifier and a printed or supplied PIN. Users acknowledge that anyone who obtains a physical product and its accessible PIN may be able to access the information designated for emergency access. A PIN printed on the same physical product is not equivalent to a secret held separately by the account holder.

• Safeguard your devices, account credentials and PINs.
• Only make information available through emergency-access functions that you understand may be disclosed to persons who obtain the required access details.
• Notify HELPtag promptly if a product or credential is lost, stolen, exposed or compromised.
• Where supported, unlink, deactivate or replace the affected product through your account or by contacting HELPtag.

To the maximum extent permitted by law, HELPtag is not liable for disclosure caused solely by a user's failure to safeguard a device or credentials, or by a third party's misuse of a lost product, except to the extent the loss results from HELPtag's own breach of a legal duty or other legally actionable conduct.

6. Cybersecurity Commitment

Cybersecurity, privacy and the protection of sensitive personal information are core priorities for HELPtag. We are committed to maintaining reasonable and appropriate technical and organisational safeguards proportionate to the sensitivity of the information, foreseeable threats and applicable legal requirements.

Our security approach includes assessing risks, restricting access to personal information where appropriate, maintaining relevant security controls and reviewing security practices as the service develops. No internet-connected platform, security mechanism or electronic transmission can be guaranteed completely immune to compromise.

We will assess and respond to suspected security incidents and make notifications to affected persons and the Information Regulator where required by POPIA. We do not disclaim responsibility for security safeguards or other obligations imposed on us by law.

7. Limitation of Liability and Consumer Rights

Subject to the Consumer Protection Act 68 of 2008, POPIA and other applicable law, HELPtag excludes liability for indirect or consequential loss to the extent such exclusion is legally enforceable, and for losses arising from circumstances outside its reasonable control where it is not legally responsible.

In particular, HELPtag does not warrant the clinical correctness of user-provided records, uninterrupted access in every emergency, or that a third party will respond to displayed information in a particular way. These limitations do not excuse HELPtag's own breach of contract, negligence or statutory obligations where liability cannot lawfully be excluded.

Nothing in these Terms excludes or limits liability for gross negligence, wilful misconduct or any liability that applicable law prohibits us from excluding or limiting. Nothing restricts any statutory consumer right, including applicable rights concerning defective goods, refunds, cancellations or fair and reasonable contractual terms.

8. Cancellations, Returns and Account Closure

For assistance with cancelling an order, returning a product or cancelling a membership, contact [email protected]. Requests will be handled under the applicable order terms and South African consumer legislation, including any statutory cooling-off, return, defect or refund rights. The previous 24-hour cancellation provision is not intended to restrict rights granted by law.

Users may request account deactivation or closure. Deactivation may differ from deletion. Requests to erase personal information will be considered under POPIA and any applicable retention obligations. HELPtag may need to verify the requester's identity and authority before acting.

9. Changes to Terms and Governing Law

We may update these Terms from time to time. Material changes will be communicated where required by law and will not retrospectively remove accrued statutory rights. These Terms are governed by the laws of the Republic of South Africa, subject to applicable consumer protections and the jurisdiction of competent courts.

HELPtag Privacy Policy

HELPtag recognises the sensitivity of personal and medical information. This Privacy Policy explains what we collect, why we process it, when it may be disclosed and how users can exercise their rights under the Protection of Personal Information Act 4 of 2013 (POPIA).

10. Information We Process

Depending on how you use HELPtag, we may process names, contact details, addresses, order and payment-status information, account credentials, member profiles, emergency contacts, photographs, identification details, medical history, allergies, medications and other information you choose to supply. We may also process device, IP address, browser, access and usage information for service operation, security and analytics.

Medical information is special personal information under POPIA. We process it only where an applicable lawful basis and any required authorisation or exception permit processing. Account Holders must not upload information they are not lawfully entitled to provide.

11. Why We Use Information

• To register and administer accounts and linked HELPtag products.
• To store, update and display user-selected emergency information through the intended access mechanisms.
• To process orders, payments, deliveries and support requests.
• To operate, secure, troubleshoot and improve the service.
• To communicate material service, privacy and security notices.
• To comply with lawful requests and legal obligations.
• For marketing only where permitted by law, with applicable opt-out rights.

We do not use medical information to provide diagnoses or treatment recommendations. Where consent is the legal basis for processing, users may withdraw consent subject to lawful restrictions and the consequences for service functionality.

12. Emergency Access and Disclosure

HELPtag is designed to make selected emergency information accessible when someone uses a linked identifier and any required PIN. Information placed in publicly accessible profile sections may be visible to anyone with the relevant link. PIN-protected information may be visible to anyone who obtains both the identifier and the PIN, including through possession of a lost product.

Account Holders should understand and review which information is made accessible through each profile and product. We may also disclose information to contracted service providers supporting hosting, payment processing, production, delivery, technical support or other necessary operations, subject to appropriate safeguards and legal requirements. Information may be disclosed where required or permitted by law.

We do not sell identifiable medical records to advertisers. Where anonymous or aggregated information is used, it must be processed so individuals cannot reasonably be identified.

13. Third-Party Operators and Cross-Border Processing

HELPtag may use third-party infrastructure, hosting, communication, payment, fulfilment and support providers. Where these providers process personal information on our behalf, we take reasonable steps to ensure appropriate contractual and security safeguards. Cross-border transfers, if any, must comply with POPIA's applicable requirements.

14. Information Security and Incident Response

We maintain and periodically review appropriate organisational and technical security measures designed to prevent loss, damage, unauthorised destruction, unlawful access and unauthorised processing. The specific measures employed may evolve as risks and technology change. We do not guarantee absolute security.

If we have reasonable grounds to believe that personal information has been accessed or acquired by an unauthorised person, we will assess the incident and provide notifications as required by POPIA, subject to any lawful exceptions or delays.

15. Retention, Deactivation and Deletion

We retain personal information only as long as reasonably necessary for the purposes for which it was collected, or as required or permitted by law. Order and accounting records may need to be kept for statutory periods. Account and medical information may be retained while an account is active and, after closure, only where an appropriate lawful reason exists.

Deactivation may suspend access without immediately deleting information. Account Holders may request deletion, subject to identity verification, legal retention requirements and other lawful grounds for continued processing. We will not retain personal medical records indefinitely merely because an account was previously active.

16. Your Privacy Rights

Subject to POPIA and other applicable law, you may request confirmation of whether we hold your information, access to relevant records, correction or deletion of inaccurate or unlawfully retained information, or object to certain processing. You may withdraw consent where consent is the applicable legal basis and may lodge a complaint with the South African Information Regulator.

We may request reasonable proof of identity and authority before providing or modifying sensitive information. We will handle requests within legally applicable timeframes and explain where an exemption or lawful restriction applies.

17. Cookies and Website Analytics

Our website may use essential cookies and, where implemented, analytics or preference cookies to support functionality, security and service improvement. Browser settings may allow you to control cookies. Where law requires consent for particular technologies, we will seek it.

18. Privacy Policy Updates

We may revise this Privacy Policy to reflect changes in our services, practices or legal obligations. The updated version will be published on this page, with additional notification where required by law.

19. Contact and Privacy Enquiries

For questions about these Terms, your information, an account, a lost HELPtag product or a possible security incident, contact [email protected].

Service: HELPtag
Operating entity: Hydra Solutions (Pty) Ltd
Website: www.helptag.co.za