Prevention Program Terms and Conditions

FEM Prevention | Participant Terms and Conditions – Updated 24 August 2026

In these Terms and Conditions, the following words and expressions shall have the following meaning: “we”, “us” and “our” refers to The Federated Employers Mutual Assurance Company (RF) (Pty) Ltd (FEM), registration number 1936/008971/07; “you” refers to the construction employee participating in the programme. FEM Prevention is brought to you by FEM. This is a non-commercial training initiative in line with FEM’s mandate under the Compensation for Occupational Injuries and Diseases Act 130 of 1993, as amended (“COIDA). The FEM Prevention Programme is offered at no additional cost to FEM policyholders to support employees by promoting health and safety awareness.

The Federated Employers Mutual Assurance Company (RF) (Pty) Ltd (“FEM”) (Reg. No. 1936/008971/07) is licensed to conduct non-life insurance business and cover policyholders against claims for occupational injuries and diseases in terms of the Compensation for Occupational Injuries and Diseases Act 130 of 1993, as amended (“COIDA).

About FEM Prevention

FEM Prevention is a platform which offers e-learning on health and safety practices to employees in the construction industry; a new initiative dedicated to strengthening health and safety practises across the construction industry. This pilot programme is specifically designed for employees of our policyholders, recognising their vital role in preventing workplace accidents and fostering a culture of safety on site.

FEM Prevention aims to educate and direct engagement at the employee level. It is available to employees of policyholders of FEM.

Who qualifies to be part of the FEM Prevention

If you are an employee of a selected FEM policyholder, you can participate in the FEM Prevention Programme. You must be over the age of 18.

How to access the FEM Prevention

• You will provide consent to your employer to provide us with consent to communicate with you in terms of this programme.
• Once you have given your consent you will be sent a link via SMS to register on FEM Prevention, or alternatively you will download the WhatsApp channel by scanning a QR code or adding the link to your WhatsApp.
• Once you are on the platform you will be able to choose which language you would prefer.
• You will then verify your participation on the platform using your mobile number.
• You will be prompted to choose your network for airtime to be loaded, which will be loaded upon completion of the course. The networks available for airtime are MTN, Vodacom, Cell C and Telkom Mobile, only.

How to complete an e-learning course.

E-learning Course:

• Choose the course that you would like to complete.
• You will download the infographic and go through the material.
• Once you are confident that you know the material, you can attempt the questionnaire. Follow the prompts on the WhatsApp channel or the Mobisite to complete the questions.
• You will then sign a ZERO IS NO ACCIDENT pledge.
• You will then be directed to a Marketing consent message should you wish to provide us with consent to contact you to tell you about future products, services and health and safety communication from FEM or our subsidiaries, affiliates and related parties.
• Should you be successful in completing the questionnaire, you will receive a personalised certificate which you can download.
• As a token of our appreciation for taking the time to learn about Health and Safety you will receive an airtime amount of R50 directly to you phone once the course has been completed.
• Participants acknowledge and agree that they are responsible for all data usage, internet connectivity, and any associated costs incurred in accessing and completing the course. The course provider shall not be liable for any such expenses.

Airtime Terms and Conditions, queries or technical difficulties:

• Should you have any difficulties with registration or accessing the platform please contact our platform provider Uwin Iwin on 011 570 5700.
• All cell phone numbers and selected networks must be accurate and correct at the time of submission.
• Airtime is only applicable to pre-paid cell phone numbers or where a contract allows you to top up airtime.
• Airtime will only be sent to cell phone numbers which are on the following networks:
  • Vodacom
  • MTN
  • Cell C
  • Telkom Mobile
• If you are on a different network to the above, you will be contacted by Uwin Iwin and will get an alternative voucher to the value of R50.
• If you are on a contract phone and do not receive the airtime, you will be contacted by Uwin Iwin and will get an alternative voucher to the value of R50.
• Airtime transactions are irreversible once processed.
• Only airtime will be issued; data bundles are excluded.
• The airtime allocation will be dispatched on the same day.
• For queries you can call 011 570 5700.

General

• The airtime issued on the FEM Prevention Programme may be reviewed from time to time. At launch it will be R50 per course.
• Any airtime that you receive is a token of appreciation and is not redeemable or linked to insurance products.
• Any certificates are stored securely and linked only to your verified mobile number.
• By participating in FEM Prevention, you are agreeing to the processing of your information. FEM processes your personal information to verify participation, deliver training, and issue completion certificates and airtime. Data will be deleted after 12 months unless you have opted into a separate Marketing consent.
• To opt of out of this programme or any marketing consent that you have provided, please go to our website on https://prevention.fem.co.za

FEM Prevention | General Terms and Conditions

1. Definitions

1.1.        “Applicable Law” means all and any statutes, subordinate legislation, common law, regulations, ordinances, by-laws, directives, codes of practice, rules, circulars, guidance notices, judgments, and decisions of any competent authority, or any governmental, intergovernmental or agency, department or regulatory, self-regulatory or other authority or organisation and any replacement or amendment thereof, and other similar provisions, which are in force and effect.

1.2.        “Confidential Information” means any information or data which by its nature or content is identifiable as confidential and/or sensitive and/or proprietary to the Disclosing Party and/or any third party, or which is provided or disclosed in confidence and which the Disclosing Party or any person duly authorised to act on its behalf may disclose or provide to the Receiving Party or which may come to the knowledge of the Receiving Party by whatsoever means. Disclosing Party’s Confidential Information will include (i) information relating to strategic objectives and planning for both its existing and future needs; (ii) information relating to either Party’s business activities, business relationships, products, Services, clients and Staff; (iii) technical, scientific, commercial, financial and market information and trade secrets; (iv) Intellectual Property that is proprietary to a Party or that is proprietary to a third party and in respect of which the Disclosing Party has rights of use or possession; (v) Disclosing Party’s plans, designs, drawings, functional and technical requirements and specifications; (vi) information concerning faults or defects in either Party’s systems, hardware and/or software or the incidence of such faults or defects; (vii) agreements to which either Party is a party. Confidential Information excludes information or data which (a) is lawfully in the public domain at the time of disclosure to the Receiving Party; or (b) subsequently becomes lawfully part of the public domain by publication or otherwise; or (c) subsequently becomes available to the Receiving Party from a source other than the Disclosing Party which is lawfully entitled, without any restriction on disclosure, to disclose such Confidential Information; or (d) is disclosed pursuant to a requirement or request by operation of law, regulation or court order; provided that the onus will at all times rest on the Receiving Party to establish that such information falls within such exclusions and provided further that the information disclosed in terms of the participation form will not be deemed to be within the foregoing exclusions merely because such information is embraced by more general information in the public domain or in a Party’s possession. Any combination of features will not be deemed to be within the foregoing exclusions merely because individual features are in the public domain or in a Party’s possession but only if the combination itself and the principal of operation are in the public domain or in a Party’s possession. The determination of whether information is Confidential Information will not be affected by whether or not such information is subject to, or protected by, common law or statute related to copyright, patent, trademarks or otherwise.

1.3.        “Data” means any data, including Personal Information as amplified by the definition thereof set out in the Electronic Communications and Transactions Act 25 of 2002 and the Protection of Personal Information Act 4 of 2013.

1.4.        “Data Subject” means the person (natural or legal) to whom Personal Information relates.

1.5.        “Disclosing Party” means the Party disclosing Personal Information and/or Confidential information, in terms of the provisions of FEM Prevention.

1.6.        “Employer”  means an FEM policyholder who has agreed to participate in FEM Prevention.

1.7.        “FEM Prevention” is a programme offered to FEM Employers at no additional cost to support employees by promoting health and safety awareness.

1.8.        “Party/Parties” means FEM or the Employer.

1.9.        “Personal Information” means information relating to an identifiable natural or juristic person, as defined by the POPIA or equivalent legislation of the jurisdiction(s) applicable to the Parties.

1.10.     “POPIA” means the Protection of Personal Information Act, No. 4 of 2013, as amended from time to time, including any regulations and/or code of conduct made under the Act.

1.11.     “Receiving Party” means the Party receiving Personal Information and/or Confidential information, in terms of the provisions of FEM Prevention.

2. Roles and Responsibilities of FEM

2.1.        FEM shall design, host, and maintain the e-learning health and safety training modules accessible to the Employer’s eligible construction employees.

2.2.        FEM shall provide technical support, access instructions, and any required onboarding materials to enable participation.

2.3.        FEM shall provide an airtime amount as a token of appreciation to construction employees for completing the e-learning course.

2.4.        FEM may directly communicate with construction employees for the purposes of FEM Prevention registration, training activation, progress monitoring, and support, subject to required legal consents being in place. Employees may opt out of such communications at any time by notifying FEM or their Employer.

3. Roles and Responsibilities of the Employer

3.1.        The Employer shall actively promote and encourage construction employees participation in FEM Prevention, including internal communications, toolbox talks, notices, and supervisors’ briefings.

3.2.The Employer shall provide FEM with reasonable access to construction employees for communication relating to FEM Prevention, subject to applicable data privacy and labour laws.

3.3. The Employer shall obtain all necessary construction employee consents for the collection, processing, and sharing of personal information required for FEM Prevention administration. The Employer shall ensure that employees are informed of the purpose of the processing and of FEM’s Privacy Notice.

3.4.The Employer shall assist in distributing registration links, login details, or other platform access mechanisms to construction employees as required.

3.5.The Employer agrees to accommodate possible on-site FEM Prevention activations, demonstrations, or awareness sessions at mutually convenient dates and times, provided such activities do not materially disrupt site operations.

3.6.The Employer shall ensure that construction employees are afforded reasonable time and access to appropriate devices or facilities to complete the training modules, where feasible.

4. Intellectual property

4.1.        The Parties record that each Party has prior to this participation created, acquired, or otherwise obtained rights to its own Intellectual Property. Each Party will for the duration of this participation and thereafter retain the ownership of its own Intellectual Property.

4.2.        All right, title and interest in and to the Intellectual Property concerning FEM Prevention will vest with FEM.

4.3.        The Employer will at no time challenge, question or dispute the Intellectual Property, nor the ownership thereof and undertakes not to assist any other third party in doing so, and further undertakes not to infringe or prejudice any rights of FEM in and to the Intellectual Property.

4.4.        Each Party warrants that no aspect of its Intellectual Property lawfully utilised during FEM Prevention, will infringe the proprietary rights of any third party. In the event that the proprietary rights of any third party are infringed, the Party warranting ownership of or lawful rights to the Intellectual Property hereby indemnifies and will hold harmless the other Party against any loss, claims, or expenses (including legal fees on the scale as between attorney and own client) from an aggrieved third party.

5. Confidentiality

5.1.        The Receiving Party acknowledges the importance of the Confidential Information to the Disclosing Party and, the irreparable harm or loss that any unauthorised disclosure or use will do to the Disclosing Party or where applicable, third-party proprietors of such information.

5.2.        The Receiving Party agrees and undertakes:

5.2.1.    except as permitted by this participation, not to disclose or publish any Confidential Information in any manner, for any reason or purpose whatsoever without the prior written consent of the Disclosing Party and provided that in the event of the Confidential Information being proprietary to a third party, it will also be incumbent on the Receiving Party to obtain the consent of such third party;

5.3.        All Confidential Information disclosed by the Disclosing Party to the Receiving Party or which otherwise comes to the knowledge of the Receiving Party, is acknowledged by the Receiving Party:

5.3.1.    to be proprietary to the Disclosing Party or where applicable, the relevant third-party proprietor; and

5.3.2.    not to confer any rights of whatsoever nature in such Confidential Information on the Receiving Party.

5.4.        The Receiving Party will protect the Confidential Information in the manner, and with the endeavour, of a reasonable person protecting his/her own Confidential Information. In no event will the Receiving Party use less than reasonable efforts to protect the confidentiality of the Confidential Information.

5.5.        The Disclosing Party may at any time on written request to the Receiving Party, require that the Receiving Party immediately returns to the Disclosing Party any Confidential Information and may, in addition, require that the Receiving Party furnish a written statement to the effect that upon such return. Alternatively, the Receiving Party will, as and when required by the Disclosing Party on written request to the Receiving Party, destroy all such Confidential Information and material and furnish the Disclosing Party with a written statement to that effect.

5.6.        The Receiving Party will comply with any request in terms of this clause 5.5 within 7 calendar days of receipt of such request. Notwithstanding the above, the Disclosing Party agrees that the Receiving Party may retain a copy of the documents relating to this participation form if required by legislation, for the period permitted or imposed by legislation. Thereafter, unless separate arrangements have been made, the documents may be destroyed without reference to the Disclosing Party.

5.7.        The Parties record that this clause 5 will not be applicable where the Receiving Party discloses Confidential Information to a regulatory authority, a court, attorneys, or auditors, provided that such disclosure is reasonably required by the Receiving Party for the purposes of conducting its business activities.

5.8.        Nothing contained in this participation will restrict either Party from the use of any generic ideas, concepts, know-how, or techniques developed or learned by such Party in the course of this participation, provided that in doing so such Party does not disclose the Disclosing Party’s Confidential Information to third parties or infringe the Intellectual Property rights of the other Party or third parties who have licensed or provided materials to the other Party.

6. Data protection

6.1.        The parties acknowledge and agree that all Data provided by the Disclosing Party to the Receiving Party, or to which the Receiving Party may be exposed, will constitute confidential information and where applicable, intellectual property belonging to the Disclosing Party and must not be disclosed unless required by law or in the course of the proper performance of the Receiving Party’s duties.

6.2.        The performance of the Receiving Party’s obligations in terms of this participation will be strictly in compliance with POPIA and all Applicable Laws, relating to the protection, storage, handling, privacy, processing, and destruction of Personal Information.

6.3.        The Receiving Party hereby warrants, represents and undertakes in favour of the Disclosing Party that:

6.3.1.    It will at all times strictly comply with all Applicable Laws and with all the provisions and requirements of any of the Disclosing Party’s data protection policies and procedures which may be in force from time to time.

6.3.2.    It will only process Personal Information where it is lawful and in a reasonable manner that does not infringe the processing conditions and privacy of the Data Subject. 

6.3.3.    It will only process Personal Information in order to perform in terms of this participation or in order to comply with an obligation imposed by law or where the processing protects the legitimate interests of the Data Subject. It will not, at any time Process Data for any purpose other than with the express prior written consent from the Disclosing Party, and to the extent necessary to the Disclosing Party.

6.3.4.    It will only process Personal Information, taking into account the purpose, it is deemed adequate, relevant and not excessive.

6.4.        The Receiving Party will take appropriate and reasonable technical and organisational measures to prevent the loss of, damage to or unauthorised destruction of Data and the unlawful access to or Processing of Data. The measures taken must at all times be of a minimum standard required by all Applicable Laws and be of a standard no less than the standards which are in compliance with the Industry Best Practice for the protection, control and use of Data.

6.4.1.    The Receiving Party will inform the Disclosing party as soon as reasonably possible in the event of an unlawful or unauthorised access, disclosure, copying, destruction or amendment to the Personal Information or if it is suspected. Such notification will have sufficient information to enable the Disclosing Party to report appropriately.

6.5.        The Receiving Party agrees to ensure that all Personal Information processed or sent outside or received from outside South Africa is adequately protected, securely sent, and only where required by law or an obligation in terms of a contract. In such instances the Receiving Party agrees to comply with the Disclosing Party’s policies and procedures as it relates to data protection.

6.6.        The Receiving Party agrees to keep complete, accurate and up to date records and to give effect to a Data Subjects right to correct, request access to or object to the processing of their Personal Information (where applicable).

6.7.        The Receiving Party agrees that it will ensure that, once it has Processed the Personal Information for the purposes it was intended, it will destroy the data to an extent that it cannot be reconstructed to its original form or a form that allows the identity of the Data Subject to be related to the data, subject to compliance with applicable record retention requirements.

6.7.1.    The Receiving Party further agrees to only delete Personal Information on the written instruction of the Disclosing Party and refer all destruction and deletion requests to the Disclosing Party for final instruction.

6.7.2.    The Receiving Party will also provide the Disclosing Party with a schedule of the documents, Personal Information, data and/or records deleted or destroyed and a certificate of destruction assuring that all such information or records have been destroyed in accordance with the requirements of data protection laws and in particular, POPIA.

6.8.        The Receiving Party will take reasonable steps to identify all reasonably foreseeable internal and external risks posed to Data under its possession or control and establish and maintain appropriate safeguards against any risks identified.

6.8.1.    The Receiving Party will regularly verify that the safeguards are effectively implemented and keep record of such verification.

6.8.2.    The safeguards will be updated continually in response to new risks or deficiencies in previously implemented safeguards. Records kept must be available for inspection on 7 (seven) days’ notice in writing from the Disclosing Party.

6.9.        The Receiving Party will be liable for any damages, claims or fines imposed on the Disclosing Party in the event that the Receiving Party is responsible for the breach or a failure to adhere to POPIA/ data privacy requirements and that the breach of its obligations under this clause will be deemed as a material breach of contract.

6.9.1.    In the event of a breach or suspected breach, the Disclosing Party reserves the right to promptly cease providing the Receiving Party with further Personal Information and this action will not constitute a breach of this participation.

6.10.     The parties acknowledge and agree that cancellation or a claim for damages may not be the only appropriate remedy for a breach of this data protection clause and that the remedies of interdict, specific performance and any other equitable relief may be appropriate for any actual or threatened breach of this clause. The Disclosing Party may be entitled to apply for such remedy, in addition to any other remedy to which it may be entitled to by law.

6.11.     This data protection clause is severable from the rest of this participation and will remain valid and binding on the parties notwithstanding any termination.

7. Indemnity

7.1.        Each Party indemnifies and holds the other Party harmless against any losses, damages, costs, expenses, claims, proceedings, judgments, fines, penalties and liabilities suffered or incurred by the other Party to the extent directly arising from the indemnifying Party’s breach of its duties and obligations under this participation and/or breach of any applicable statutory duty. This indemnity shall not apply to the extent that such losses are caused or contributed to by the indemnified Party’s negligence, wilful misconduct, or any other liability that cannot be excluded or limited by law.

7.2.        Neither Party will be liable to the other Party nor any cessionary nor third party claiming through or on behalf of the other Party for any indirect, special, punitive or consequential damages arising out of or related to this participation.

The FEM Prevention Programme is offered at no additional cost to FEM policyholders to support employees by promoting health and safety awareness.

The FEM Prevention Programme is an awareness and educational initiative designed to support workplace health and safety practices. Participation does not replace employer obligations under applicable occupational health and safety legislation, accredited training requirements, or workplace-specific safety programmes.

Personal information is processed in accordance with FEM’s Privacy Notice available at www.fem.co.za

The Federated Employers Mutual Assurance Company (RF) (Pty) Ltd (“FEM”) (Reg. No. 1936/008971/07) is licensed to conduct non-life insurance business and cover policyholders against claims for occupational injuries and diseases in terms of the Compensation for Occupational Injuries and Diseases Act 130 of 1993, as amended (“COIDA”).