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Protection of Personal Information Privacy Policy

1. Introduction

This Protection of Personal Information Privacy Policy (Policy) seeks to cover how Momentum Medical Scheme (the Scheme) will protect all Personal Information, and rights under the Protection of Personal Information Act 4 of 2013 (POPIA).

The Scheme commits to maintaining the confidentiality of Personal Information and complying with POPIA when processing Personal Information.

2. Purpose and Objective of this Policy

The purpose of this Policy is to set out the manner in which we collect, use, share and process Personal Information, irrespective of how such Personal Information was collected.

We respect the privacy of your Personal Information, and for this reason, we will take all reasonable measures, in accordance with this Policy and POPIA, to protect your Personal Information and to keep it confidential, even when you are no longer a Member of the Scheme.

3. Definitions

Administrator means Momentum Health Solutions (Pty) Ltd.
Child means a natural person under the age of 18 years who is not legally competent, without the assistance of a competent person, to take any action or decision in respect of any matter concerning themselves.
De-identified means, in relation to Your personal information, to delete any information that identifies You, can be manipulated to identify You, or can be linked to other information that identifies You.
Momentum Medical Scheme means a medical scheme registered in terms of the Medical Schemes Act 131 of 1998, under registration number 1167, having its principal place of business at 201 uMhlanga Ridge Boulevard Cornubia 4339.
Momentum Health Solutions (Pty) Ltd means Momentum Health Solutions (Pty) Ltd, an accredited medical scheme administrator and managed healthcare organisation with registration number 1969/016884/07 , a subsidiary of Momentum Metropolitan Holdings.
Momentum Metropolitan Holdings means Momentum Metropolitan Holdings Limited, an authorised financial services provider, registration number 2000/031756/06, including all its subsidiaries. Subsidiaries include authorised financial services providers.
Member means a Momentum Medical Scheme Member, and a Member’s dependants including a Member’s registered adults and child dependants, as defined in the Scheme’s registered Rules.
Personal Information means information relating to:

  1. Your race, gender, sex, pregnancy, marital status, nationality, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and your birth date;
  2. Your education, medical, financial, criminal or employment history;
  3. Any identifying number, symbol, email address, physical address, telephone number, location information, online identifier, or other particular assignment to you;
  4. Your biometric information;
  5. Your personal opinions, views or preferences;
  6. Correspondence sent by you that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;
  7. The views or opinions of another individual about you; and
  8. Your name if it appears with your other Personal Information or if the disclosure of your name itself would reveal information about you.

Processing means any operation or activity or any set of operations, whether or not by automatic means, concerning Personal Information, including -

  1. the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use;
  2. dissemination by means of transmission, distribution or making available in any other form; or
  3. merging, linking, as well as restriction, degradation, erasure, or destruction of information.

Scheme means Momentum Medical Scheme.
Website means Momentum Medical Scheme’s website, found at www.momentummedicalscheme.co.za.
We, our and us means Momentum Medical Scheme and Momentum Health Solutions (Pty) Ltd

You and your means a Member, an identifiable living natural person, and where applicable, an identifiable, existing juristic person.
4. What is Personal Information?

Personal Information refers to any information that identifies you or specifically relates to you. Personal Information includes, but is not limited to, the following information about you:

  • Your marital status (like married, single, divorced); your national origin; your age; your language; birth date; education.
  • Your financial information, which may include your financial history and information (like your income or your buying, investing, and banking behaviour based on, amongst others, account transactions).
  • Your identifying number (like an account number, identity number or passport number).
  • Your email address; location information; physical address (like residential address, work address or your physical location); and telephone number (including your cellular number, home landline or office work number).
  • Your online identifiers such as social media profiles.
  • Your biometric information (like fingerprints, face recognition, signature, or voice).
  • Your race and/or gender.
  • Your physical health; mental health; well-being; disability; religion; belief; conscience; culture.
  • Your medical history (like your HIV / Aids status and any medical history disclosed or obtained); criminal history; employment history.
  • Your personal views, preferences, and opinions.
  • Your confidential correspondence; and / or
  • Another’s views or opinions about you and your name also constitute your Personal Information.
5. What is special Personal Information?

Special Personal Information is Personal Information about the following:

  • Your religious and your philosophical beliefs (for example where you enter a competition, and you are requested to express your philosophical view).
  • Your race (like where you apply for a product or service where the statistical information must be recorded).
  • Your ethnic origin.
  • Your trade union membership.
  • Your political beliefs.
  • Your health (like where you apply for an insurance policy or medical/health related products);
  • Your biometric information (like to verify your identity); and / or
  • Your criminal behaviour and alleged commission of an offence (like to prevent money laundering as required by law or when you apply for employment or enter into a relationship with us).
6. Why we need Personal Information

Some of the reasons for us having to process your Personal Information are:

  • To provide or manage any information, products and/or services requested by you.
  • To determine your needs and preferences in terms of the products and/or services we provide.
  • To help us identify you when you contact us, thereby making sure that we do not share your Personal Information with someone other than yourself.
  • To enable us to undertake disease management.
  • To enable us to administer claims and contributions.
  • To activate or verify your membership and benefits.
  • For information maintenance and keeping our records updated.
  • For general administration purposes.
  • To carry out analysis in order to plan ahead and improve our offering to you.
  • In addition, we may be required to share your Personal Information with some of our suppliers, service providers and business partners to ensure seamless service delivery to you. Our service providers, suppliers and business partners have legal agreements with the Scheme, in terms of which, they are legally bound to keep your Personal Information secure and confidential, and to use it exclusively for the purposes which they have been contracted.
7. How do we collect Personal Information?

We collect information about you and your Dependants on your Scheme membership:

  • Directly from you.
  • Based on your use of our products, services, or service channels (such as our website or applications).
  • Based on how you engage or interact with us, such as on social media, public sources and through emails, letters, telephone calls, and surveys.
  • From third parties for the purposes of conducting our business.

If the law requires us to do so, we will ask for your consent before collecting Personal Information about you from third parties. The third parties from whom we may collect your Personal Information include, but are not limited to, the following:

  • Any connected companies, subsidiary companies, its associates, cessionaries, delegates, assignees, affiliates, or successors in title and/or appointed third parties (such as its authorised agents, partners, contractors, and suppliers) for any of the purposes identified in this Policy.
  • Your spouse, dependants, partners, employer, joint applicant or account holder and other similar sources.
  • Attorneys, tracing agents, debt collectors and other persons that assist with the enforcement of agreements.
  • Payment processing services providers, merchants, banks, and other persons that assist with the processing of your payment instructions.
  • Medical schemes, financial advisers, other financial institutions, or other organisations relevant to your membership.
  • Law enforcement and fraud prevention agencies, and other persons tasked with the prevention and prosecution of crime.
  • Regulatory authorities, industry ombudsmen, government departments, and local and international tax authorities.
  • Credit bureaus.
  • Trustees, executors, or curators appointed by a court of law.
  • Cheque verification service providers.
  • Our service providers, agents, and sub-contractors such as couriers and other persons we use to offer and provide products and services to you.
  • Courts of law or tribunals.
  • Participating partners, whether retail or online, in customer loyalty programmes available from the Momentum Metropolitan Holdings (where applicable), provided you have not opted out of marketing communication.
  • Our joint venture partners.
  • Marketing list providers, provided you have not opted out of marketing communication.
  • Digital data transformation or aggregation services which you have authorised to collect activity, health or other digital data streams and share with us.
8. What type of Personal Information do we collect?

Personal Information collected by the Scheme and the Administrator includes your name, contact details, birth date, identity number, gender, employment details, marital, family, policy, location information, online identifier, bank account, medical or health information.

When Personal Information is collected, the Scheme will, where it is practical to do so, indicate the purpose for the collection and whether the information required is compulsory or voluntary.
9. When will we process your Personal Information?

We will only process your Personal Information for lawful purposes relating to our business if the following circumstances apply:

  • You have consented thereto.
  • A person legally authorised by you, the law, or a court, has consented thereto.
  • If you are a child, and a competent person (such as a parent or guardian) has consented thereto on your behalf.
  • It is necessary to conclude or perform under a contract we have with you.
  • The law requires or permits it; and/or
  • It is required to protect or pursue your, our, or a third party’s legitimate interest.
10. When will we process your special Personal Information?

We may process your special Personal Information in the following circumstances:

  • If you have consented to the processing thereto.
  • If the processing is needed to create, use, or protect a right or obligation in law.
  • If the processing is for statistical or research purposes.
  • If the special Personal Information was made public by you.
  • If the processing is required by law.
  • If racial information is processed and the processing is required to identify you; and/or
  • If health information is processed, and the processing is to determine your risk, or to comply with relevant legislations or statutory obligations.
11. Reasons for processing your Personal Information

We will process your Personal Information for:

  • Service providers, merchants, banks, and other persons that assist with the processing of your payment instructions.
  • Law enforcement and fraud prevention agencies, and other persons tasked with the prevention and prosecution of crime.
  • Regulatory authorities, industry ombudsmen, government departments, and local and international tax authorities.
  • Credit bureaus.
  • Trustees, executors, or curators appointed by a court of law.
  • Cheque verification service providers.
  • Our service providers, agents, and sub-contractors such as couriers and other persons we use to offer and provide products and services to you.
  • Courts of law or tribunals.
  • Participating partners, whether retail or online, in customer loyalty programmes available from Momentum Metropolitan Holdings (where applicable).
  • Marketing list providers, provided you have not opted out of marketing communication.
  • To process contribution and refunds payment instruments (such as a debit order or a stop order deduction).
  • To create, manufacture and print payment instruments and payment devices.
  • To effect, manage and maintain your contracts and agreements with us.
  • To disclose and obtain Personal Information from credit bureaus regarding your credit history.
  • To enable us to deliver services, documents, or notices to you.
  • For security and identity verification, and to check the accuracy of your Personal Information.
  • To communicate with you and carry out your instructions and requests.
  • For customer satisfaction surveys, promotional and other competitions, provided you have not opted out of marketing communication.
  • For any other purposes related to your Scheme membership.
12. Processing Information of a child

Children under the age of 18 years must obtain their parents'/guardians’ consent before providing/submitting any Personal Information about themselves.
We will not require children under this age to provide any Personal Information other than that which is reasonably necessary, and this information will be requested via the Child’s parent or legal guardian.
If we determine that a user is under the age of 18, we will not use or maintain his/her Personal Information without the child’s parent or legal guardian’s consent.
We will only process the Personal Information of a Child if one or more of the following applies:

  • The law permits.
  • A person with the ability to sign legal agreements has consented to the processing, being the parent or legal guardian of the child.
  • The Child’s Personal Information was made public by the Child, with the consent of a person who can sign legal agreements on behalf of the Child.
  • The processing is required for purposes of the membership as outlined above.
13. Processing Information about Persons Related to a Juristic Person

If you are a juristic person, such as a company or close corporation, we may collect and use Personal Information relating to the juristic person’s directors, officers, employees, beneficial owners, partners, shareholders, members, authorised signatories, representatives, agents, payers, payees, customers, guarantors, spouses of guarantors, sureties, spouses of sureties, other security providers and other persons related to the juristic person. These are related persons.

If you provide the Personal Information of a related person to us, you warrant that the related person is aware that you are sharing their Personal Information with us, and that the related person has consented thereto.

We will process the Personal Information of related persons as stated in this Policy, thus references to “you” or “your” in this Privacy Policy will include related persons with the necessary amendments.

14. Direct Electronic Marketing

If permission is given, the Scheme and its Administrator may use your personal or other information to tell you about products, services and other offerings from the Scheme or the Administrator.

We will do this in person, by post, telephone, or electronic channels such as SMS, email, and WhatsApp.

  1. Use of cookies

    What are cookies?
    A cookie is a small text file stored on your device by the website you are visiting. It helps the website to remember information about your device and how you use the website. We use this information to make your visit to our site as easy and useful as possible.

    What happens if you disable your cookie functionality?
    Clearing or disabling cookies may limit your website functionality, and your functionality once you have logged in. You can limit the collection of your information by disabling cookies on your browser. You may also be able to modify your browser settings to require your permission each time a site attempts to set a cookie.

    However, our website (and many other websites) relies on cookies to enable certain functionality. If you choose to disable cookies, some of the services available on our website may not work properly.

    Links to other sites
    When you are using our website, you could be directed to other websites that are beyond our control. These other web sites may send their own cookies to you to collect data or solicit Personal Information. We do not control the privacy policies of those third-party web sites.

    What do we use cookies for?
    We use cookies for session management, user device identification and classification, traffic routing, and analytics.

    Is your Personal Information at risk?
    No, we will never save any Personal Information, including login details or other Personal Information on your computer.

  2. Location services

    We use location services for specific products and services through our website and applications. The location services will only be switched on with your prior consent. The use of location services is set out in the purpose of collection of data.

15. Confidentiality and security

  1. Routine Precautions

    The Scheme and its Administrator have physical, technological, and procedural security safeguards in place and will use their best endeavours to protect your Personal Information.
  2. Securing Personal Information

    The Scheme and its Administrator will take all reasonable technical and organisational precautions to prevent the loss, misuse, or alteration of your Personal Information.

 

16. How you can review and correct your Personal Information

You can request to review your Personal Information contained in the Scheme’s and Administrator’s records at any time to correct or update the information. If the purpose for which your Personal Information was requested initially does not exist anymore, you may request information held by the Scheme to be removed. However, the Scheme and its Administrator can decline your request to delete the information from its records if other legislation requires the continued retention thereof or if it has been de-identified.

17. Cross Border Sharing

We will only share your Personal Information to third parties in another country in the following circumstances:

  • Where the sharing is necessary to enter into, or perform, under a contract with you or a contract with a third party that is in your interest.
  • Where you have consented to the sharing.
  • This sharing will happen within the requirements and safeguards of the law.
  • An example of when we would share your Personal Information with another country would be when you require a benefit for an international emergency medical expense.
18. Changes to this Policy

We reserve the right, in our sole discretion to amend (including without limitation, by the addition of new terms and conditions) this Policy from time to time. The amended version of the Policy shall supersede and replace all previous versions thereof.
Visit momentummedicalscheme.co.za for the latest version.

19. Which laws apply?

This Policy will be governed by and construed and interpreted in accordance with the laws of South Africa. To the extent that a court has jurisdiction over any dispute which may arise out of or in connection with this Policy, we both submit to the jurisdiction of the South African courts.

20. Contact details

Contact details of Momentum Medical Scheme’s Deputy Information Officer:


Name of the Deputy Information Officer

Lenny Mariemuthu

Postal Address

PO Box 2338
Durban
4001

Physical Address

201 uMhlanga
Ridge Boulevard
Cornubia
Durban

Email Address

compliance@momentumhealth.org

Contact details of Momentum Medical Scheme’s Information Officer:


Name of the Information Officer

Toni van den Bergh

Postal Address

PO Box 2338
Durban
4001

Physical Address

201 uMhlanga Ridge Boulevard
Cornubia
Durban

Email Address

toni@momentumhealth.org

Contact details of the POPIA Information Officer of the Momentum Metropolitan Holdings:


Name of the Information Officer

Jeanine Norden

Postal Address

PO Box 7400
Centurion
0046

Physical Address

268 West Ave
Die Hoewes
Centurion
0157

Email Address

dataprivacy@mmltd.co.za

21. Complaints

Should you believe that the Scheme or its Administrator has utilised your Personal Information contrary to Applicable Laws, you undertake to first attempt to resolve any concerns with the Scheme and the Administrator via the complaints process, which is available in your Scheme benefit option member guide.

If you are not satisfied with such process, you have the right to lodge a complaint with the POPIA Information Regulator, using the contact details listed below:

Tel: 012 406 4818
Fax: 086 500 3351 
Email: POPIAComplaints@inforegulator.org.za