Pukwana ya Kganya Terms & Conditions

54 15. Consent to disclosure of personal information 15.1 The Insurer is required by the Applicable Laws to process information (including personal information) of the Policyholder, Assured Lives and/or Beneficiaries in order to provide the cover and Benefits as set out in this Pukwana ya Kganya Contract ( “personal information” ). 15.2 Without limitation to the provisions of clause 4 of this Part I, the Policyholder confirms that he/she expressly authorises the Kganya Benefits Fund Trust (and/or the administrator of the Kganya Benefits Fund Trust) to share the personal information disclosed to the Kganya Benefits Fund Trust (and/or the administrator of the Kganya Benefits Fund Trust) with the Insurer for the purposes of this Pukwana ya Kganya Contract. 15.3 The Insurer may be required to share and collect certain personal information to assist the Insurer with the provision of services, to assess risks and/or Premiums and/or consider Claims, or for any other proposal or change as may be required for the purposes of this Pukwana ya Kganya Contract. 15.4 The Insurer is limited by the applicable data protection legislation to only collect and process information that specifically relates to, and is relevant to this Pukwana ya Kganya Contract, and the Insurer is accountable for this information. The Insurer undertakes to keep such information confidential, secure and to maintain such information only for as long as it is needed and/or prescribed in terms of the Applicable Laws and will, at all times, comply with the applicable data protection legislation, which includes without limitation, the Protection of Personal Information Act, 4 of 2013. 15.5 The Insurer shall process, analyse and store personal information for the purposes for which it was collected, to - 15.5.1 conclude and administer this Pukwana ya Kganya Contract, which may include underwriting; 15.5.2 allow for the collection of Premiums; 15.5.3 assess and process Claims, and do mandatory checks; 15.5.4 comply with all legal and regulatory requirements, including industry codes of conduct; 15.5.5 protect and pursue the legitimate interests of the Insurer and any third parties; 15.5.6 prevent loss or fraud; 15.5.7 offer additional financial products or services as requested by the Kganya Benefits Fund Trust from time to time for and in the interest of its Members; 15.5.8 share it with other business units and companies which are part of the Insurer’s group for the sole purposes of administering the Pukwana ya Kganya Contract; and 15.5.9 share it with external benefit providers who are not part of the Insurer’s group in order to provide additional financial products or services as requested by the Kganya Benefits Fund Trust from time to time for and in the interest of its Members. 15.6 The Policyholder authorises the Insurer’s staff, representatives, the Insurer’s administrator, Kganya Insurance Administrators, contracted thirdparty service providers, applicable reinsurers and subcontractors to collect and process personal information from the Policyholder or any third party, including without limitation an Assured Life and Beneficiary. 15.7 This authorisation applies only for the above purposes. 16. Cancellation 16.1 The Insurer shall be entitled to cancel this Pukwana ya Kganya Contract by means of 31 (thirty-one) days’ written notice to the Policyholder, or such longer period if specified by the Insurer, in the event that – 16.1.1 any fraud is committed in respect of the conclusion and/or maintaining of this Pukwana ya Kganya Contract or Claims submitted in terms of this Pukwana ya Kganya Contract, subject to the provisions of clause 13.1.3 of this Part I; and/or 16.1.2 any false and/or untrue representation was made to the Insurer (and/or to its administrator, Kganya Insurance Administrators) and/or if any relevant information was not disclosed to the Insurer (and/or to its administrator, Kganya Insurance Administrators) which materially affected the Insurer’s ability to assess the risk under this Pukwana ya Kganya Contract at the date of conclusion or variation of this Pukwana ya Kganya Contract. The Insurer considers at least the following matters material to its ability to assess the risk under this Pukwana ya Kganya Contract, which list is not exhaustive and/or intended to limit the Insurer’s ability to assess the risks under this Pukwana ya Kganya Contract: 16.1.2.1 if the age of Policyholder is misrepresented to be 18 (eighteen) years of age or above at the Inception Date, when it is not; and 16.1.2.2 whether or not the Policyholder meets the requirements for eligibility of Membership to the Kganya Benefits Fund Trust as specified in the Master Regulations; and/or 16.1.3 termination of this Pukwana ya Kganya Contract is required as a result of any change in the Applicable Laws which cannot be remedied through the amendment of this Pukwana ya Kganya Contract in accordance with the provisions of clause 14 of this Part I; and/or 16.1.4 if the Policyholder no longer qualifies as a Member of the Kganya Benefits Fund Trust; and/or 16.1.5 the Kganya Benefits Fund Trust and/or the Insurer terminates the Premium Payment Agreement and/or its relationship, for whatever reason. 17. Effect of cancellation 17.1 Cancellation of this Pukwana ya Kganya Contract shall not affect - 17.1.1 the Benefits payable where a Claim was approved by the Insurer prior to the date of cancellation of this Pukwana ya Kganya Contract; or 17.1.2 a Claim if the Insured Event occurred prior to the date of cancellation of this Pukwana ya Kganya Contract, provided that the Insurer receives notice of the occurrence of the Insured Event within 12 (twelve) Months from the date of the happening of the Insured Event. 17.2 No Benefit shall be payable where the Insured Event occurs after the cancellation of this Pukwana ya Kganya Contract. 17.3 In the event that the Premium Payment Agreement and/or the relationship between the Insurer and the Kganya Benefits Fund Trust is cancelled or terminated for any reason whatsoever, this Pukwana ya Kganya Contract will terminate and come to an end at the same time in accordance with clause 16.1.5 of this Part I, subject at all times to compliance with the Applicable Laws. 18. Cooling-off rights 18.1 The Policyholder is entitled to cancel this Pukwana ya Kganya Contract within a period of 31 (thirty one) days after the Inception Date, unless a Benefit has been claimed or paid, or an Insured Event has occurred ( “cooling off period” ). 18.2 If the Policyholder elects to cancel this Pukwana ya Kganya Contract as contemplated in clause 18.1 of this Part I it shall be deemed that the Policyholder (in his/ her capacity as a Member) similarly exercised his/her cooling-off rights in terms of his/her Membership to the Kganya Benefits Fund Trust, as provided for in the Master Regulations, whereby cover in terms of this Pukwana ya Kganya Contract and Membership to the Kganya Benefits Fund Trust will come to an end at the same time. 18.3 The Policyholder must submit such cancellation instruction to the Insurer or its duly appointed administrator, Kganya Insurance Administrators, provided that notice to the Kganya Benefits Fund Trust for cancellation of his/her Membership, shall be deemed to also be notice to the Insurer for purposes of clause 18.1 of this Part I. 18.4 Premiums paid after the Effective Date in respect of an Existing Member shall be refunded in full to the Kganya Benefits Fund Trust pursuant to a Policyholder exercising the cooling-off rights during the cooling-off period in accordance with the terms of the Premium Payment Agreement. The Membership Contribution will similarly be refunded to the Policyholder as Member, in terms of the Master Regulations.