Thari ya Baruti Terms & Conditions

10 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 Thari ya Baruti 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 Thari ya Baruti 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 Thari ya Baruti Pukwana ya Kganya Contract; • collection and reconciliation of payments of Monthly Membership Contributions; • payment of Premiums and Additional Premiums in terms of the Thari ya Baruti 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 Thari ya Baruti 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 Enhanced Benefits pursuant to Membership and the benefits in terms of the Thari ya Baruti 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. DETAILS OF THE TRUST In some instances, the Trust will arrange benefits from third parties or service providers. In such instance, the Trust acts as an intermediary as contemplated in the CPA. The following details of the Trust are relevant: Name The trustees for the time being of the Kganya Benefits Fund Trust (Master’s reference number: IT 6797/00) Details of the Trust The Trust is a vesting and discretionary trust duly registered in terms of the Trust Property Control Act, 57 of 1988 Business address 328 Rivonia Boulevard Ground Floor - South Wing Rivonia 2128 Contact details Joseph Mashila Mosotho joem@kganya.co.za Description of business The Trust is a vesting trust insofar as all Members, who make payment of their Membership Contributions in accordance with the Master Regulations, become entitled to receive the Enhanced Benefits in accordance with the terms and conditions of the Enhanced Benefits Regulations, subject to the terms of the Trust Deed, read with the Master Regulations. The Trust is a discretionary trust insofar as the trustees will, in their discretion, disburse the funds of the Trust for various purposes, such as ZCC projects (for example refurbishment of churches etc.), direct community projects (for example the Evelyn Lekganyane Clinic) or indirect community projects (for example flood relief). Details of any fees payable to the Trust No fees are payable to the Trust other than the Membership Contributions, and the proceeds of the Membership Book Purchase Price and Leeto la Moria Receipts received by it. The Trust may from time to time accept donations from third parties in accordance with the provisions of the Trust Deed. Other information The Trust is stringently regulated in terms of the Trust Deed. A copy of the Trust Deed can be requested from KIA as per the above contact details.