MOBIZ PRIVACY POLICY


Publication Date: [08/05/2020]

Aerofone Communications Proprietary Limited (“Mobiz”) respects your privacy and values transparency. We would like to take this opportunity to share with you our Privacy Policy, which forms part of our Terms and Conditions of Use (“Terms”), as well as the supplemental contractual terms our Clients receive. In this Privacy Policy, users of the Platform can see the exact details of how Mobiz uses, discloses, collects and secures the information you or the Client provides to us through our website, platform, electronic communications and text messages (“Platform”). By engaging with the Platform, you consent to the processing of your information as outlined in this Privacy Policy, as amended.Mobiz may amend the Privacy Policy from time to time. The amended policy will become effective from the Publication Date and on the date Mobiz publishes the Privacy Policy at this location. Your continued access or use of the Platform constitutes your consent to the Privacy Policy, as amended. You agree that notice on www.mobiz.co is adequate notice.

1. Personal Information and Mobiz

1.1. Personal information, or personal data, means information relating to any person whereby that person can be identified by information such as your full name, email address, physical address, identification number, contact details, information relating to a user’s financials, transactional details, marital status, race, gender, sex, age, disability and any other information which may be defined or understood to be personal information in terms of South Africa’s Protection of Personal Information Act (“POPIA”) or the General Data Protection Regulation Directive (“GDPR”).

1.2. Mobiz provides a service to entities (“Client”) whereby a Client can communicate with individual end users (“Customer”) using our Platform. When our Clients use the Platform, we collect and obtain information about Customers to deliver commercial text messages to them, among other services (“Services”). The terms “user”, “you”, “your” are used interchangeably in the Privacy Policy and refer to all persons accessing the Platform for any reason whatsoever. Accordingly, “us”, “our” or “we” refers to Mobiz or its possession.

2. The Information Mobiz Collects

2.1. Information you Provide. We collect the information you provide to us when you use the Platform, or otherwise communicate to us. For our Clients, this means the information we request when you register for an Account such as your name, surname, company name, registration or identification number, VAT number and contact details. For Customers, the information includes the information you provide via the Services in response to a Client such as your name, contact details, required consents and other personal information the Client requests from you.

2.2. Customer Personal Information from Clients. In order to use the Services, Clients may provide information about their Customers via the Platform. This information includes, but is not limited to, name, contact details, Client account numbers, account balances or amounts owing, age, marital status, physical address, language, and certain financial information (excluding bank details). A Client is solely responsible for obtaining the requisite consent from you to share this information with us to store and process in accordance with the Privacy Policy.

2.3. Automatically Collected Information. Mobiz receives and stores standard technical information that is transmitted automatically from the user’s device when you interact with the Platform such as your IP address (which may include geographical information), browser type and the date and time. We also receive information about your interaction with the Platform and our Client’s landing pages that are incorporated into the Services such as the click-through rate and your time spent on a Client’s landing page. We may also collect information using cookies or a similar type of technology. Cookies are small text files used to recognize repeat users, facilitate the user’s ongoing access to and use of a website and allow a website to track usage behavior and compile aggregate data that will allow us to improve the Platform and personalize the service you receive from a Client. The type of information collected by cookies is not used to personally identify you.

2.4. Information from other Sources. We may receive information about you from third-party sources other than our Clients, such as advertisers, partners and other third parties we work with to provide the Platform. We may combine this information with other of your information gathered through the Platform.

3. The Reason Mobiz Processes Your Information

3.1. The processing of personal information will be reserved for our legitimate business purposes and as a necessary function of the Client’s engagement with the Platform, including the following ways:

3.1.1. To Use the Platform. Mobiz uses the information to provide, support and improve the Platform, analyze how users engage with the Platform, creating more unique content, advertisements and/or features. Any information sent by a Client to Mobiz to then send via text messaging remains the property of the Client. We are fulfilling our contractual obligations to the Client.

3.1.2. To Communicate. Mobiz may contact Clients or users regarding current or new information, products or services or any other service offered by us or any of our divisions. Where required, we’ll obtain prior opt-in consent to send you electronic marketing communications. Mobiz may also contact you via email to verify your Account, or for informational and operational purposes such as customer support, system maintenance and other Platform-related reasons.

3.1.3. Improve the Platform. Mobiz uses the information to better understand and analyze usage preferences and patterns; to monitor and analyze the effectiveness of the Platform and to develop new features, enhancements, services and products. Mobiz has a legitimate interest to make it easier for users to use the Platforms, display certain feedback from Clients, develop out services,  and optimize the experience of users.

4. How We Share Your Information

4.1. We do not and will not sell or rent personally identifiable information a Client provides to us. If you are a Customer, we may share personal information about you that you provide to the Client, through the Services.

4.2. We also share information with third parties we contract with who provide technology services to us, such as web site management, information technology, analytics, cloud-service providers and similar types of service providers. Some of these third parties may be situated outside of your country of residence and you consent to your personal data (and that of any data subjects a Client provides to Mobiz) being transferred cross-border in order for us to provide the Service to a Client. Please note that we only engage technology service third-party service providers who have security and privacy policies and procedures providing at least the same level of protection as we do ourselves. You warrant that you have all necessary permissions to give us the above consent.

4.. We may deem it appropriate and necessary to disclose information to protect our (or a third party’s) legitimate interests and/or to comply with applicable laws, legal processes, court orders and/or requests from public and government authorities. In this instance, Mobiz will disclose the minimum information required as practically possible.

4.4. In certain instances when there may be a corporate transaction such as an instance where Mobiz is acquired by, or merged with another company, or where we sell, liquidate or transfer all or a portion of our assets, we may transfer your information to those service providers, advisors, potential transaction partners, liquidators, or other third parties in connection with the potential transaction, negotiation or completion of the corporate transaction.

4.5. We may also use your data to create aggregate or statistical information that does not directly identify a specific person and share such de-identified information, such as traffic patterns with a Client.

4.6. In order to make payments through the Services, we may share your financial account information with our third-party payment platforms (“Third-Party Payment Platform”) on instruction from the Client to Mobiz. We do not collect or store such information, but we may receive information about completed transactions. We do not control the Third-Party Payment Platform and are not responsible for its terms of use or privacy policy. When you leave the Platform, it’s your responsibility to read the terms of every landing page you visit.

5. Children’s Privacy

We do not knowingly collect, maintain or use personal information from children under the age of 13 and no part of the Platform is directed to children under the age of 13. If you learn that your child has provided us with personal information without your consent, please let us know by sending an email to info@mobiz.co. If we find out that we’ve collected information about a child under the age of 13, Mobiz will take steps to delete that information as soon as possible and notify the Client.

6. Your Rights to the Information Mobiz Collects

6.1. If you want to access, correct or amend, request deletion of, object to the processing of, request a copy of, know what third-parties may have had access to your personal information, you can send us your request in writing by sending us an email to [insert] or by mailing us at PO Box 539, Century City 7446.

6.2. We’ll do our best to respond to your request promptly. If the requested copies or descriptions of records amounts to a lot of time spent by us to collect it, you may be required to pay a prescribed fee. We may reject your request in certain circumstances and access may be limited by virtue of applicable laws.

6.3. Once we confirm your identity, we’ll advise you of the changes we are legally capable of making and what is permitted by law. The changes will reflect on our systems as soon as practically and reasonably possible.

6.4. If you do not want Mobiz to collect information through the use of cookies, please disable or restrict the use of cookies using your browser. Please note that if you disable or reject cookies, some features may not work properly.

6.5. You can opt out of receiving promotional emails or commercial text messages by following the unsubscribe instructions in the email or text message, or by contacting us on the channels mentioned above

7. California Consumer Privacy Act of 2018 (CCPA)

7.1. In addition to your rights above, if you are a resident of the state of California, USA, you have the right to obtain certain information relating to your personal information such as requesting a disclosure of our data collection, a copy of the personal information we’ve collected about you, or a request to not sell your personal information.

7.2. These rights are available to you twice in a 12-month period. Mobiz will verify your identity and will respond within 45 (forty five) days of receiving your personal information request.

8. How Mobiz Protects Your Data

8.1. Mobiz will only retain your personal data for as long as necessary to fulfil the purpose for which we collected it. This means if a Client contract terminates, we will purge any Customer data related to that Client as soon as practically and reasonably possible, in accordance with our legal and regulatory obligations.

8.2. ‍Mobiz holds personal information securely and in accordance with our internal security policy and the law. Mobiz takes reasonable measures to protect your personal information with security safeguards as appropriate to the classification of the information, through the use of technological measures such as encryption, and the training of our team members.

8.3. The information we collect resides in the Republic of South Africa and the United States of America.

9. Mobiz’ Status under Data Protection Laws

9.1. For Customer’s information, Mobiz is a data processor in terms of GDRP, and an operator in terms of POPIA.

9.2. For users of our Website and for our Clients, Mobiz is the data controller in terms of GDPR, and the responsible party in terms of POPIA.

9.3. Mobiz’ Data Protection Officer can be reached at info@mobiz.co

10. Mobiz Limitations

10.1. Privacy is very important at Mobiz, however, due to the existing legal and technical environment, Mobiz cannot ensure that your personally identifiable information will not be disclosed to third parties in ways not described in our Privacy Policy.