Privacy Policy

1. DEFINITIONS

Council for Medical Schemes is a Responsible Party as envisaged in the Protection of Personal Information Act 4 of 2013 (POPIA). For further information, refer to the PAIA Manual available on Council for Medical Scheme’s website in this regard.

Data Subject Means the person to whom Personal Information relates.

Information Officer Means the chief executive officer, or equivalent officer or the employee delated with such authority, or the person who is acting as such whose information is set out below.

PAIA Manual Means the manual which sets out the process for accessing information as envisaged by sections 14 and 51 of the Promotion of Access to Information Act 2 of 2002 (PAIA) and which is available on Council for Medical Schemes’ website.

Personal Information means any information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person. It is information or pieces of information that could identify that natural or juristic person, either directly (e.g. by name) or indirectly (e.g. through pseudonymised data) and includes things like email/home addresses, usernames, profile pictures, user generated content, financial information, and geolocation.

2. INTRODUCTION AND PURPOSE OF THIS NOTICE

Council for Medical Schemes recognises its Data Subjects’ rights to privacy and is committed to protecting and controlling the use of the Personal Information that it collects, in accordance with the regulatory requirements of the jurisdictions in which it operates. In accordance with the data privacy laws, and because our clients’ privacy is important to us, please take note of this Privacy Notice, as it describes how we process Personal Information, including the receipt, collection, use, disclosure, sharing, retention and importantly the protection of Personal Information in accordance with the provisions of POPIA.

3. WHO WE ARE

Council for Medical Schemes is a section 3 public entity entrusted to regulate the private health industry and to protect the interest of all members of medical schemes.

4. APPLICATION OF THE PRIVACY NOTICE

This Privacy notice applies to Council for Medical Schemes, as defined, including all employees, as well as third parties who provide services to Council for Medical Schemes and covers Personal Information collected and managed by Council for Medical Schemes.

It also applies to a Data Subject when the Data Subject visits Council for Medical Scheme’s websites, uses its electronic applications, or makes use of Council for Medical Schemes ’s services as a customer.

5. PRINCIPLES FOR THE COLLECTION AND PROCESSING OF PERSONAL INFORMATION

5.1 Collection, processing, and purpose

Council for Medical Schemes will only collect Personal Information when it is necessary to comply with legal obligations that apply, or when such processing is necessary for the performance of a contract or pre- contractual procedures.  Council for Medical Schemes may also process information if it has a legitimate interest, provided that in each case our interest is in accordance with applicable law and the rights of the Data Subject. When none of the other lawful processing conditions support the data processing operation, Council for Medical Schemes will only process Personal Information if it has obtained the consent of the Data Subject to process said Personal Information for specific, explicit and legitimate purposes. Council for Medical Schemes will only use Personal Information for the fulfilment of the specific purposes for which it was obtained, or for other lawful processing.

5.2 Accuracy

Council for Medical Schemes will take all reasonable steps to ensure that Personal Information that it processes is accurate, complete and up to date.

5.3 Openness

Council for Medical Schemes is committed to openness regarding its policies and practices of handling of Personal Information. Also refer to our Disclaimer on our website for the terms of using Council for Medical Schemes’ website.

5.4 Security

Council for Medical Schemes will ensure that appropriate security safeguards are in place to protect Personal Information from loss, unauthorised access, destruction, use, modification or disclosure. 

5.5 Transfers and sharing

Council for Medical Schemes will only disclose Personal Information for the fulfilment of the specific purposes for which it was obtained, or for other lawful processing. Under no circumstances does Council for Medical Schemes transfer or share Personal Information, or sell Personal Information to third parties without the consent of Data Subject.

5.6 Retention

Council for Medical Schemes will retain Personal Information for as long as is necessary for the purposes for which it was collected. In some cases, data retention may occur for longer periods, especially when applicable law so requires.

5.7 Access

The Data Subject may request a copy of their Personal Information from Council for Medical Schemes and, where required, instruct Council for Medical Schemes to effect changes to correct the data or to permanently delete their Personal Information, in accordance with local regulations.

6. INFORMATION ABOUT OTHERS

If the Data Subject provides Council for Medical Schemes with Personal Information about someone else, the Data Subject is responsible for ensuring that it complies with any obligation and consent obligations under applicable data protection laws in relation to such disclosure. In so far as required by applicable data protection laws, the Data Subject must ensure that it has provided the required notices and has obtained the other person’s consent to provide Council for Medical Schemes with his/her/its Personal Information and that the Data Subject explains to them how Council for Medical Schemes collects, uses, discloses and retains their Personal Information or direct them to read this Privacy Notice.

7. FUTHER PROCESSING AND MARKETING

Council for Medical Schemes will from time to time further process a Data Subject’s Personal Information for the purpose of informing and providing the Data Subject with Council for Medical Schemes circulars, guidelines, press release and other information necessary to benefit Data subject. Should the Data Subject not want to receive communications pertaining to these services or products provided by Council for Medical Schemes or the Data Subject may opt out of this communication by emailing a completed Form to the Council for Medical Schemes

8. CONSENT

By providing Council for Medical Schemes with its Personal Information the Data Subject consents to  Council for Medical Schemes processing and further processing its Personal Information as and where required, provided that Council for Medical Schemes will always ensure that such processing is done in a lawful and legitimate manner and in line with this Privacy Notice and applicable legislation.

9. RIGHTS OF THE DATA SUBJECT

Whilst the provision of Personal Information is voluntary, withdrawing consent or choosing to delete some types of Personal Information may prevent Council for Medical Schemes  from supplying certain services to a Data Subject, or responding to queries as a prospective employee or supplier.

In order to better protect and safeguard Personal Information, Council for Medical Schemes takes steps to verify the identity of a Data Subject before granting access or making changes to Personal Information.

Rights Explanation Information

The Data Subject has the right to be provided with clear, transparent and easily understandable information about how we use Personal Information, and what the Data Subject’s rights are

Access

The Data Subject has a right to access, and to receive a copy of, any Personal Information we hold about the individual (subject to certain restrictions). A reasonable fee may be charged for providing such access but only where permitted by law. Refer to Council for Medical Schemes’ PAIA Manual.

Rectification

The Data Subject has the right to have Personal Information rectified if it is incorrect or outdated and/or completed if it is incomplete. Email Form 2 and Annexures to s.thosago@medicalschemes.co.za for correction of Personal Information,

To be forgotten

The Data Subject has the right to have Personal Information erased or deleted; subject to legal or legitimate grounds for retaining the Personal Information

Direct marketing

The Data Subject may unsubscribe or opt out of direct marketing communication at any time. Email Form 1 and Annexures to s.thosago@medicalschemes.co.za to opt out.

Withdrawal of consent

The Data Subject may withdraw consent to our processing of Personal Information when such processing is based on consent. Where consent is withdrawn, the lawfulness of processing prior to withdrawal is not affected must email to s.thosago@medicalschemes.co.za  to withdraw consent.

Objection to processing

The Data Subject may object to the processing of Personal Information when such processing is based on the legitimate interests pursued by the data controller, such as the: The Enhancement of our communication with the Data Subject to Proper administration of our website to Risk management of Protection of legal rights Email Form 1 and relevant Annexures to s.thosago@medicalschemes.co.za to object to processing.

Lodge a complaint

The Data Subject has the right to contact the relevant data protection authority to lodge a complaint against our data protection and privacy practices

Data portability

The Data Subject has the right to move, copy or transfer Personal Information from our database to another. This only applies to Personal Information that the Data Subject has provided, where processing is based on a contract or explicit consent, and the processing is carried out by automated means Restriction In circumstances limited by legislation, the Data Subject may restrict the processing of Personal Information, so that it can be stored, but not used or processed further, such as: o Inaccurate data contested by the Data Subject must be restricted until verified and corrected o Processing is unlawful but the Data Subject objects to the erasure thereof Council for Medical Schemes no longer requires the Data Subject’s data but the Data Subject requires it to be stored for the establishment, exercise or defence of legal claims o The Data Subject objects to processing based on Council for Medical Schemes  legitimate interests, until verification of overriding rights

10. INFORMATION OFFICER

Data Subjects that have any queries regarding Council for Medical Schemes’ data protection policies or procedures may send an email to s.thosago@medicalschemes.co.za

Details of Council for Medical Schemes’

The Information Officer can be found in Council for Medical Schemes’ PAIA Manual

11. COMPLAINTS

Data Subjects have the right to submit a complaint to the local supervisory authority if unsatisfied with Council for Medical Schemes handling of the Data Subject’s Personal Information, or about any complaint made to Council for Medical Schemes. Information Regulator in South Africa: JD House 27 Siemens Street Braamfontein Johannesburg 2001 P.O Box 31533, Braamfontein, Johannesburg, 2017. Complaints email: complaints.IR@justice.gov.za  https://www.justice.gov.za/inforeg/index.html  

12. CHANGES TO THIS PRIVACY NOTICE

Council for Medical Schemes may change this Privacy Notice from time to time without notice to the Data Subject, unless the amendment is material.

The most updated version will be always be available on Council for Medical Schemes website and we encourage Data Subjects to visit Council for Medical Schemes website frequently in order to keep abreast with any changes.