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Business Contract

Our Privacy Terms and POPI Consent

Introduction

 

  1. By accessing Sizwe Hosmed’s electronic media and/or tools (website/s, webinars, emails, social media accounts, etc.) you agree to be bound by the terms of use set out and the privacy conditions stipulated below. These terms are binding and enforceable on all users of Sizwe Hosmed electronic media.

  2. Sizwe Hosmed may collect, store and process your personal information (includes special personal information) through its electronic media and related tools. The personal information may include your names, age, gender, marital status, beneficiaries, contact details, employment history, email address, etc. By accessing and using the electronic media and tools, you agree to the collection, processing and storage of your personal information by Sizwe Hosmed.

  3. Sizwe Hosmed wants to empower all its members to make the best possible healthcare decisions and optimise their medical scheme benefits, to ensure that each beneficiary has an effective healthcare solution.

  4. In order to ensure that we provide all of our beneficiaries with a rounded healthcare solution, we have developed healthcare plans, programmes and initiatives that will facilitate the enhanced management of each beneficiary’s healthcare needs with us, healthcare providers, healthcare facilities and all third parties involved in the management of a member’s healthcare solution.

  5. All members who want to participate in the enhanced value-added benefits are required to provide us with informed consent to be enrolled on the programmes and to participate in the initiatives.

  6. Any member who wants to participate in Sizwe Hosmed's programmes and initiatives or any other managed healthcare programme is required to provide us with the consent to enrol or participate in the programme, after they have read, understood and accepted these terms and conditions. We need the express consent to collect your personal and health information, process your information, use your information and share your personal and health information.

  7. As a member or prospective member, the consent that is provided to us, is given on behalf of yourself, your minor dependants and adult dependants who are unable to provide their own consent, and any other dependant registered on your membership, where you acknowledge and warrant that you have their permission to give such consent.

  8. Sizwe Hosmed may share your personal information with Sizwe Hosmed-approved third parties in order to provide you with services for legitimate Sizwe Hosmed business or to comply with regulation/s. Sizwe Hosmed-approved third parties are required to put in place measures to ensure the security and confidentiality of your personal information. By using the electronic media and/or tools, you consent to Hosmed sharing your personal information with Sizwe Hosmed-approved third parties.

  9. You are responsible for ensuring that the information you provide to Sizwe Hosmed is correct, accurate and truthful. Failure to provide correct, accurate and truthful information may limit or completely prevent Sizwe Hosmed’s ability to provide you with services and Sizwe Hosmed shall not be responsible should you not receive services from Sizwe Hosmed, and any liability or loss that may arise as a result. It is your responsibility to ensure that the information you provide to Sizwe Hosmed is kept up to date. Sizwe Hosmed accepts no responsibility for any liability or loss which you may suffer should you share your personal information with a third party.

  10. Sizwe Hosmed takes the security and confidentiality of your personal information seriously and will endeavour to keep your personal information secure and confidential.

  11. Sizwe Hosmed will keep your personal information in a secure and confidential manner and for as long as it is required by Sizwe Hosmed to provide you and/or your dependants with services or any longer period required by law or regulatory obligation.

 

TERMS AND CONDITIONS OF PROCESSING PERSONAL INFORMATION

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DEFINITIONS

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  1. ‘We’, ‘us’, ‘our’ means Sizwe Hosmed Medical Scheme ("Sizwe Hosmed").

  2. ‘You’ and ‘your’ means the user of healthcare services provided and/or your legal guardian.

  3. ‘Personal information’ means information that identifies or relates specifically to you, which shall include all health and medical      information, personal identification information and benefit information.

  4. ‘Selected healthcare providers’ means all healthcare providers, with a valid practice number, who have treated you or your dependant(s) in the last 12 months preceding the date when your personal and health information was received by Sizwe Hosmed.

  5. ‘Beneficiary’ means a registered member or dependant of Sizwe Hosmed entitled to benefits.

  6. ‘Member’ means a person who has been enrolled or admitted as a member of a medical scheme, or who, in terms of the rules of a medical scheme, is a member of such medical scheme.

  7. ‘Dependant’ means the spouse or partner, dependent children or other members of the member’s immediate family in respect of whom the member is liable for family care and support; or any other person who, under the rules of a medical scheme, is recognised as a dependant of a member;

  8. ‘POPI’ means Protection of Personal Information Act, 4 of 2013.

 

​CONDITIONS OF ACCESS

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Your consent applies to:

 

  1. the Member Portal of the Website

  2. any Sizwe Hosmed apps

  3. any third party website or mobile application licensed to us

  4. managed healthcare programmes

  5. marketing of medical scheme products

 

MAINTENANCE OF CONSENT

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Changes by Sizwe Hosmed

In the event of there being any changes to these terms and conditions, Sizwe Hosmed will advise you within 30 days of these changes being made. It is the member’s responsibility to ensure that these terms and conditions are regularly reviewed so all changes are acknowledged.​

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Correction of Personal Information

You confirm that all information provided to Sizwe Hosmed at the time of enrolment or activation as a member is true and correct, including all information provided on behalf of any beneficiary registered on the medical scheme who is unable to provide their independent consent.

 

You acknowledge that any changes to your personal information must be communicated to Sizwe Hosmed immediately so these changes can be updated on our systems. Sizwe Hosmed will not be liable for inaccurate information on our systems as a result of your failure to update your personal information.

 

In order to update or manage your consent to view, share, access or for the processing of your personal information, you are required to contact Sizwe Hosmed to manage the process or you may access information and manage it yourself from the Member Portal. Sizwe Hosmed will not be liable for inaccurate information on our systems as a result of your failure to update your personal information.

 

You acknowledge and understand that upon activation of your membership, we will have your personal information pre-populated to our systems and data warehouse, including the information relating to your treating healthcare providers for the last 12 months preceding the date of activation. In order to have this information updated, corrected, deleted or removed, you are required to contact Sizwe Hosmed.

 

CONSENT AND COMPLIANCE IN TERMS OF POPI

 

Your consent is provided to Sizwe Hosmed with the acknowledgement and acceptance of the following conditions of personal information usage:

 

Purpose

 

  1. Sizwe Hosmed, upon receiving your consent, will share your personal information with your selected healthcare providers, the medical scheme’s partners, service providers and contracted third parties. The consent provided to Sizwe Hosmed will be used to:

  2. share your personal health information electronically with your chosen healthcare providers, third parties, Sizwe Hosmed’s administrator and managed healthcare organisation, Sizwe Hosmed’s partners, and Sizwe Hosmed’s service providers

  3. store your personal health information in a secure cloud-based storage facility

  4. process your personal health information for the purpose of maintaining your information, providing your medical scheme services, providing the additional services and sharing your information

  5. use your personal health information for medical research purposes

  6. use your personal health information to optimise your Sizwe Hosmed benefits

  7. use your personal health information to facilitate Sizwe Hosmed benefits in emergency medical situations, and

  8. retain your personal information in terms of the statutory limits.

 

Consequence of providing consent to sharing your personal health information

 

  1. Your personal health information will be electronically transferred and shared with your selected healthcare providers who will be able to access, view and store your personal health information. All reasonable steps are taken by Sizwe Hosmed to protect your personal information and maintain your confidentiality. We cannot, however, guarantee the security or integrity of any information you transmit to us online and you agree that you do this at your own risk.

  2. You acknowledge that once your personal information is shared by Sizwe Hosmed with your selected healthcare providers, Sizwe Hosmed will not have any control over your personal information once it has been shared and we will not be responsible for the security of your personal information. Sizwe Hosmed complies with the relevant and necessary data protection laws, so while your personal information is under our control we will apply the safety and security measures necessary.

  3. If we do not have your consent and the consent of your dependents, we will not be able to activate your membership, you will not be able to participate in these enhanced benefits offered by Sizwe Hosmed, and we will not be able to share your personal information with your healthcare providers to optimise your healthcare benefits.

 

Intended Recipients

 

  1. The intended recipients of your personal health information are yourself, your selected healthcare providers, specialists and pathologists (including their practice staff in some cases) as well as your appointed broker (if any), Sizwe Hosmed, its administrator, clinical service providers, medical care facilities, their relevant affiliates and researchers. Where appropriate, emergency medical service providers will have access to your personal health information.

  2. Your personal information can only be provided upon your consent and no unauthorised person will have access to your personal information, from the medical scheme, without your consent.

 

Right to withdraw consent

 

  1. The consent provided to Sizwe Hosmed is for the purpose of accessing, using, transferring, sharing, storing and collecting your personal information and that of your beneficiaries, and can be revoked at any time. You can revoke consent for any specific healthcare provider or any other person or provider who has access to your personal information, at any time by contacting Sizwe Hosmed or accessing the member portal. Once this information is captured and updated, your personal information will no longer be shared.

  2. If you revoke all consent for any of Sizwe Hosmed's programmes, your profile and all information contained on our systems will be deleted and all consent will be removed.

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Storage of Personal Information

 

The personal information of each member will be stored in a ‘cloud-based’ web platform, in a safe and secure environment and the web-based platform meets the security requirements for POPI and international data protection laws.

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Retention of Personal Information

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The personal information of each member will be retained by Sizwe Hosmed, its administrator and managed healthcare organisation for the duration of your membership with Sizwe Hosmed. After you have left Sizwe Hosmed, your personal information will be retained within the allowable statutory limits.

 

MEMBERSHIP CONSENT

 

  1. I agree that by making my personal information available, Sizwe Hosmed is not responsible for any loss (whether direct or indirect) that may arise from the use of this information.

  2. I agree that I may not hold Sizwe Hosmed responsible for any loss that may result from the incorrect use or disclosure of the information by my healthcare provider.

  3. I give permission for my doctor to give Sizwe Hosmed my diagnosis and other relevant clinical information required in terms of my Sizwe Hosmed membership and benefit services.

  4. I confirm that I have had an opportunity to receive and read the terms and conditions (or they have been read to me), and I fully comprehend the terms, conditions and consequences of these terms and conditions.

  5. I have been made aware of all the terms printed in bold by Sizwe Hosmed, I have had sufficient opportunity to ask questions about this consent form and have had these questions, if any, answered to my satisfaction by Sizwe Hosmed.

  6. My consent to the terms of this consent form is provided of my own free will without any undue influence from any person whatsoever.

  7. I confirm that I have the permission of my dependent(s) to give their consent, where such consent has been provided and I indemnify Sizwe Hosmed against this.

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