Pukwana ya Kganya Terms & Conditions

9 11. IMPORTANT PROVISIONS IN TERMS OF THE CONSUMER PROTECTION ACT 11.1 By accepting the terms and conditions of Membership, you acknowledge that you understand, in respect of liabilities, legal responsibilities, assumption of risks and indemnities: 11.1.1 the Master Regulations and the Basic Benefits Regulations contain certain provisions that limit or exclude obligations, liabilities and legal responsibilities that the Trust and other persons may otherwise have had towards you as a Member; 11.1.2 the Master Regulations and Basic Benefits Regulations contain certain provisions that impose an obligation on you as a Member to take on risk, legal responsibility and liability; and 11.1.3 by concluding a Membership, you agree to hold the trustees of the Trust harmless against claims, loss, damages, and harm that may be suffered by the Trust and other persons or entities to the extent set out in the Trust Deed. 11.2 If any part of the terms and conditions contained in the Membership Book is regulated by or subject to the Consumer Protection Act, 68 of 2008 (“ CPA ”), and if such terms and conditions do not comply with the CPA, it should be noted that it is not intended that any part of these terms and conditions contravene any provision of the CPA. Therefore, all provisions of these terms and conditions must be treated as being qualified, to the extent necessary, to ensure that the provisions of the CPA are complied with. 11.3 No provision of the terms and conditions contained in the Membership Book: 11.3.1 does or purports to limit or exempt the Trust or any other person or entity from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or willful default or that of any other person acting for or controlled by the Trust) to the extent that the law does not allow such a limitation or exemption; 11.3.2 requires you to assume risk or liability for the kind of liability or loss, to the extent that the law does not allow such an assumption of risk or liability; or 11.3.3 limits or excludes any warranties or obligations which are implied into the terms and conditions by the CPA (to the extent they are applicable) or which the Trust give under the CPA (to the extent they are applicable), to the extent that the law does not allow them to be limited or excluded. 12. CONSENT TO PROCESSING OF PERSONAL INFORMATION BY THE INSURER, KIA AND THE TRUST 12.1 Pursuant to your Membership to the Trust, you understand and expressly consent, in respect of the information that you complete on the MPP Form or the AMPP Form, that: 12.1.1 the information that you provide will be used for purposes of your Membership to the Trust. 12.1.2 the information will be provided by the Trust (and/or its administrator, KIA) to the Insurer for purposes of the Pukwana ya Kganya Contract. 12.1.3 the information will be used by KIA to administer i) membership to the Trust, on behalf of the Trust; and ii) the insurance benefits in terms of the Pukwana ya Kganya Contract, on behalf of the Insurer. 12.2 You further consent and understand that: 12.2.1 The Trust, KIA and the Insurer will process and protect your personal information as required by relevant laws and the Constitution of the Republic of South Africa. This may include health and financial information. 12.2.2 The privacy policy of the Insurer, KIA and the Trust is available as follows: • in respect of the Trust at https://mykganya.com or at KIA’s nearest service centre indicated in Annexe F ; • in respect of KIA at https://mykganya.com or at KIA’s nearest service centre indicated in Annexe F ; • in respect of the Insurer at www.sanlam.co.za or at the Insurer’s nearest service centre indicated in Annexe G . 12.2.3 The Trust, KIA and the Insurer collect, process, collate, store, analyse and disclose personal information for the following purposes: • to conclude and administer Membership to the Trust; • to conclude and administer the Pukwana ya Kganya Contract; • collection and reconciliation of payments of Monthly Membership Contributions; • payment of premiums in terms of the Pukwana ya Kganya Contract; • assessing and processing claims and to do mandatory checks; • prevent loss and fraud; • offer additional financial products or services as requested by the Trust from time to time for and in the interest of you as a Member of the Trust; • to comply with all legal and regulatory requirements, including applicable codes of conduct; • share with other business units and companies which are part of the Trust, KIA or the Insurer’s group for the sole purposes of administering Membership and the Pukwana ya Kganya Contract; and • share with external benefit providers which are not part of the Trust, KIA or the Insurer’s group in order to provide additional products or services as requested by the Trust from time to time. 12.3 If you do not agree to provide the requested information, the Trust, KIA and the Insurer cannot provide you with the Basic Benefits pursuant to Membership and the benefits in terms of the Pukwana ya Kganya Contract. 12.4 You have the right to: 12.4.1 request a copy of your personal information as processed by the Trust, KIA or the Insurer; and 12.4.2 ask for an update and/or correction of your personal information. 13. You may contact the Trust, KIA or the Insurer if you have any further enquiries or if you need assistance with regards to the processing of your personal information. 14. The Trust, KIA and the Insurer undertake to treat all information supplied by you as a potential Member / Member as confidential. 15. The Trust, KIA and the Insurer undertake not to divulge to any unauthorised persons any personal information that you have provided without your prior written consent. 16. You give your consent to the Trust, KIA and the Insurer to use your personal information to take any action necessary to trace you or your beneficiary for the purpose of any unclaimed benefits and to make such information accessible to the relevant tracing agents.