Privacy policy

PROTECTION OF PERSONAL INFORMATION (“POPI”), PRIVACY POLICY AND PRINCIPLES
1. Introduction
1.1. Amobia Communications respects its customers’ privacy and will take the measures set out herein to protect it.
1.2. Amobia Communications may require the customer to provide Amobia Communications with personal information which include company names and registration numbers, name and surname, email address, physical address, gender, mobile number, and date of birth.
1.3. Should the customer’s personal information change, please inform Amobia Communications and provide Amobia Communications with the updates within 7 days to enable Amobia Communications to update the customer’s personal information.
1.4. Customer may choose to provide additional personal information to Amobia Communications, in which event customer agree to provide accurate and current information, and not to impersonate or misrepresent any person/entity or falsely state or otherwise misrepresent the customer’s affiliation with anyone or anything.
1.5. Amobia Communications asks each of its customers to abide by all applicable laws, rules, and regulations, as Amobia Communications will do so ourselves.
1.6. The Products and related services are described on the Amobia Communications website at www.amobia.com and in the customer contract.
2. Customer’s Consent
2.1. By using Amobia Communications and its Products and/or Services, the customers consent to the processing of the customer’s personal data. Subject to the below, Amobia Communications will not, without the customer’s consent, use the customer’s personal information for any purpose other than as set out hereunder:
2.2. Amobia Communications uses customers’ personal information for several purposes:
2.2.1. to register the customer for inclusion in our Service to fulfil the customer’s request.
2.2.2. to contact customers if Amobia Communications needs to obtain or provide additional information.
2.2.3. to verify the accuracy of our records.
2.2.4. to contact customers regarding customer satisfaction surveys in relation to the ordering, sale, delivery, performance and quality of Products and Services.
2.2.5. to contact customers regarding current or new Products or Services or any other Products offered by Amobia Communications (unless customers have opted out from receiving marketing material from Amobia Communications).
2.2.6. to inform customers of new features, special offers and promotional competitions offered by Amobia Communications (unless customers have opted out from receiving marketing material from Amobia Communications).
2.2.7. to improve our Products, Services and customers selection and the customer’s experience on our Products and/or Services by, for example, monitoring the customer’s browsing habits, or tracking the customer’s sales on the Products and/or Services.
2.2.8. to collect certain technical information, such as the browser version and operating system.
2.3. Amobia Communications shall not disclose the customer’s personal information to any third party other than as set out below:
2.3.1. to our employees and/or third-party Service providers that need to know the customer’s personal information to assist Amobia Communications to communicate with customers properly and efficiently.
2.3.2. to law enforcement, government officials, fraud detection agencies or other third parties when Amobia Communications believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of the Privacy Policy.
2.3.3. to our Service providers (under contract with Amobia Communications) who help with parts of our business operations (fraud prevention, networks, platforms, licenses, marketing, technology Services etc.). However, our contracts dictate that these Service providers may only use the customer’s information in connection with the Services they perform for Amobia Communications and not for their own benefit.
2.3.4. to our suppliers for them to liaise directly with customers in the event of customers submitting a warranty claim regarding any Products or Services customers have purchased which requires their involvement.
2.4. From time-to-time Amobia Communications may also administer random “interactive pop-up” surveys to some customers. These surveys request additional demographic, non-personally identifiable information. The customers’ participation in a survey is always voluntary, and customers therefore have a choice whether to provide the requested survey information. Amobia Communications uses the information collected in the survey, in conjunction with information gathered through cookies and code, in order to provide customers with an even more detailed understanding of its target market.
2.5. Some voluntarily provided personally identifiable information may be captured; for example, when an email address or telephone number is incorporated into a survey for the potential awarding of a prize draw, or when the respondent has opted-in to possible follow up research. This information may be shared with entities or other customers who in turn have agreed to adhere to this Privacy Policy.
2.6. Amobia Communications is entitled to use or disclose the customer’s personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on Amobia Communications, or to protect and defend our rights or property;
2.7. Amobia Communications will ensure that all our employees, third party Service providers, suppliers, divisions and partners (including their employees and third-party Service providers) having access to the customer’s personal information are bound by appropriate and legally binding confidentiality obligations in relation to the customer’s personal information.
3. Personal Information
3.1. Amobia Communications will:
3.1.1. treat the customer’s personal information as strictly confidential, save where Amobia Communications is entitled to share it as set out in this Policy;
3.1.2. take appropriate technical and organizational measures to ensure that the customer’s personal information is kept secure and is protected against unauthorized or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access.
3.1.3. provide customers with access to the customer’s personal information to view and/or update personal details.
3.1.4. promptly notify customers if Amobia Communications becomes aware of any unauthorized use, disclosure or processing of the customer’s personal information.
3.1.5. provide customers with reasonable evidence of our compliance with our obligations under this Policy on reasonable notice and request.
3.1.6. upon the customer’s request, promptly return or destroy all of the customer’s personal information in our possession or control, save for that which Amobia Communications is legally obliged to retain.
3.2. Amobia Communications undertakes never to sell or make the customer’s personal information available to any third party other than as provided for in this Policy.
3.3. Whilst Amobia Communications will do all things reasonably necessary to protect the customer’s rights of Privacy, Amobia Communications cannot guarantee or accept any liability whatsoever for unauthorized or unlawful disclosures of the customer’s personal information, whilst in our possession, made by third parties who are not subject to our control.
3.4. If customers disclose the customer’s personal information to an unrelated third party, such as an entity which operates products and/or services linked to Amobia Communications supplied Products and/or Services, Amobia Communications WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because Amobia Communications does not regulate or control how that third party uses the customer’s personal information. The customer should always ensure that they read the Privacy Policy of any third party.
3.5. Retention Period. Amobia Communications will retain the customer’s personal information for the period necessary to fulfil the purposes outlined in this Privacy Policy unless a longer retention period is required or allowed by law.
3.6. Cross-Border Transfer for customers: The personal information from customers may be stored and processed in any country where Amobia Communications has facilities or where the Products or Services originate, and by using Product or Services the customer’s consent to the transfer of information to countries outside of the customer’s country of residence, which have different data protection rules than in the customer’s country.
3.7. Children and Privacy. The Amobia Communications Products and/or Services do not offer information intended to attract children. Amobia Communications does not knowingly solicit personal information from children under the age of 18.
3.8. Your right to access information. Customers have the right to request a copy of the personal information we hold about the customer. To do so, simply email Amobia Communications on our contact details below and send a request to review the personal information or contact us at the numbers/addresses listed below and specify what information is required. Amobia Communications will take all reasonable steps to confirm the customer and/or customer’s identity before providing details of its personal information. Please note that any such access request may be subject to a payment of a legally allowable fee.
3.9. Correction of information. Customers have the right to ask Amobia Communications to update, correct or delete personal information. Customers may do this by completing the Form 2 on the Amobia Communications website. Amobia Communications will take all reasonable steps to confirm the customer’s identity before making changes to personal information held about the customer.
3.10. Amobia Communications ’s POPI contacts. Please refer to Amobia Communications ’s PAIA manual for more detail.
4. Security
4.1. Amobia Communications uses reasonable organizational, technical, and administrative measures to protect personal information under its control. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. PLEASE ALSO READ OUR DATA PROCESSING ADDENDUM.
4.2. If customers have reason to believe that the customer’s interaction with Amobia Communications is no longer secure (for example, if customers feel that the security of any account customers might have with Amobia Communications has been compromised), please immediately notify Amobia Communications of the problem.
5. Digital Marketing – Cookies – Website and/or App
5.1. Our Website and/or App makes use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a Website and/or App can use (and which Amobia Communications may use) to recognise repeat customers, facilitate the customer’s on-going access to and use of a Website and/or App and allow a Website and/or App to track usage behaviour and compile aggregate data that will allow the Website and/or App operator to improve the functionality of the Website and/or App and its content.
5.2. The type of information collected by cookies is not used to personally identify customers. If customers do not want information collected using cookies, there is a simple procedure in most browsers that allows customers to deny or accept the cookie feature.
5.3. Please note that cookies may be necessary to provide customers with certain features available on our Digital Marketing Services, and thus if customers disable the cookies on the customer’s browser, customers may not be able to use those features, and the customer’s access to our Digital Marketing Services will therefore be limited. If customers do not disable “cookies”, customers are deemed to consent to our use of any personal information collected using those cookies.
6. Changes to the Privacy Policy
6.1. Amobia Communications may, in its sole discretion, change any of the terms and conditions of this Privacy Policy at any time. It is the customer’s responsibility to regularly check the Privacy Policy and make sure that customers are satisfied with the changes. Should a customer not be satisfied, customers must not place any further orders on, or in any other way use, the Products and/or Services.
6.2. Any such change will only apply to the customer’s use of these Products and/or Services after the change is displayed on the Products and/or Services. If customers use the Products and/or Services after such amended Privacy Policy, customers will be deemed to have accepted such changes.
7. Electronic Communications
7.1. When customers visit the Products and/or Services or send emails to Amobia Communications, customers consent to receiving communications from Amobia Communications electronically in accordance with our Privacy Policy.
8. Governing Law and Jurisdiction
8.1. This Privacy Policy, our relationship and/or any dispute arising from or in connection with
the Privacy Policy will be governed and interpreted in accordance with the laws of the Republic of South Africa.