Datafree Africa (Pty) Ltd Privacy Notice
Last modified: 23 November 2022
Who are we?
Datafree Africa Proprietary Limited, a limited liability company incorporated in the Republic of South Africa with registration number 2014/051188/07 (“Datafree”, “we” and “us”), is the owner and administrator of the Datafree Technology, which enables you to make use of Datafree’s reverse-billed mobile data platform which enables mobile device users to access “data free” websites, applications and specific digital services “Datafree Technology”).
What is data protection and data privacy?
Section 14 of the Constitution of the Republic of South Africa provides that everyone has the right to privacy. The right to privacy includes a right to protection against the unlawful collection, retention dissemination and use of your personal information. On 1 July 2021, the Protection of Personal Information Act, 2013 (“POPI Act“) will be of full force and effect. We respect your privacy and we take data privacy seriously. We will only process your Personal Information in accordance with the POPI Act and this Privacy Notice.
What is this Privacy Notice?
This Privacy Notice describes our policies and procedures on the collection, use and disclosure of your Personal Information when you make use of our Datafree Technology. It further informs you about your privacy rights and how the law protects you.
We may amend or update our Privacy Notice, but we will provide you with notice of these amendments and updates. Your continued use of the Datafree Technology and our Services confirm your acceptance of our Privacy Notice. If you do not understand our Privacy Notice, you must stop using the Datafree Technology and Services.
- what information we collect and how we collect it;
- how we use and disclose that information; and
- how to access and update that information.
The Information Datafree Collects and Holds
Information you give us
Personal information may be collected directly from you. You may be a customer who registers to use the Datafree Services (“Datafree Customer”) or an end user (“End-User”) of the features, websites, applications or other portals, products and/or services that Datafree Customers make available via or using the Datafree Services (“Customer Services”). We may need to collect such information to provide you with services, to take advantage of Customer Services or to answer or forward any requests or enquiries.
For example, if you are a Datafree Customer and you sign up to use or access the Datafree Services, we may ask for personal information during the registration process (“Customer Information”), such as a user name, your name, mobile phone number, email address, billing information and account password. We maintain your account passwords in an encrypted form on secure servers.
In addition to Customer Information, we also collect information about End-Users’ use of Customer Services (“End-User Information”).
End-User Information may be both personal and non-personal information, such as the:
- location of End-Users;
- telephone number of End-Users
- mobile network provider used by End-Users;
- frequency of use of Customer Services;
- amount of data used by End-Users.
- Information we get from Customer and End-User use of Datafree Services
When you use or access the Datafree Services or Customer Services (including when you visit a Datafree website), we may collect information about the services that you use and how you use them. In addition, if you are a Customer you may provide us with information about End-User use of Customer Services.
This information may include the following:
- Datafree might set and access one or more cookies (small text files containing a string of alphanumeric characters) on your computer. Cookies will be used to store limited session related information so that users can access and use our website. You can change your browser settings to, for example, accept or reject cookies. Please review your web browser “Help” file to learn the proper way to modify your cookie settings.
- Datafree might automatically receive and log information about End-User activities on the Datafree Customer applications that End-User browsers send or from End-User mobile devices. Such information may include Internet Protocol (“IP”) address, browser type, device-specific information (such as your device model, unique device identifiers, operating system, version and mobile network information), device event information, web requests, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, features used, and one or more Datafree cookies that may uniquely identify an End-User’s browser.
- Datafree might maintain usage data which it collects from both Customers and End-Users to assist Datafree in debugging its system or addressing other problems in its products or services. This usage data may include such information as your request, the date and time of your request, size of the communication, and cookies as well as client side data such as connect times, connect failures and performance problems.
- Use of Information
Datafree collects and uses Customer Information primarily for the following purposes:
- Datafree uses your personally identifiable, registration, profile, and usage information to operate, maintain, and provide to you all of the features and functionality of the Datafree Services. In addition, copies of correspondence received by us from you, that may contain personal information, are stored as archives for record-keeping and back-up purposes.
- Datafree uses your personally identifiable, and certain non-personally identifiable information (such as anonymous log file information) to track and analyse user preferences and trends in order to improve the quality and design of the Datafree Services and to create new features, promotions, functionality, and services.
- Datafree uses unique identifiers and log file information to: (a) identify and remember your device and account so that you will not have to re-enter your account details during your visit or the next time you visit the Datafree service; (b) provide custom and personalised content, advertisements, and information; (c) monitor the effectiveness of the Datafree Service or marketing campaigns; and (d) monitor aggregate usage metrics.
- Datafree uses your mobile number from time-to-time for non-marketing or administrative purposes such as sending privacy or security related notices, notifying you of major Datafree service changes, or for other customer service purposes.
- Datafree uses your personally identifiable, registration, profile, and history information to personalise and serve advertisements specifically to you and your interests. We do not disclose who you are in this process to third parties or affiliates.
- Datafree may use the data collected to provide anonymous reporting for internal and external clients, for auditing and analysis in order to maintain and protect our services or to ensure the technical functionality of our service and network.
Datafree collects and uses End-User Information for the following purposes:
- Datafree uses End-User personally identifiable information, such as telephone numbers, registration, profile, and usage information to operate, maintain, and provide Customers with the features and functionality of the Datafree Services.
- Datafree uses the usage information of End-Users to determine pricing of Datafree Services for particular Customers.
- Datafree uses End-User Information to conduct market analysis of Customers and End-Users of Customers and determine user trends.
- Datafree may use non-personally identifiable End-User Information for the purposes of target advertising, which enables us to personalise and serve advertisements specifically to End-Users and their interests. We do not disclose the identity of End-Users in this process to our third party advertising partners unless End-Users provide express permission to do so. We may also provide our advertising partners with information about the performance of its advertisements to enable them to better understand their customers. If Datafree uses Customer Information for direct marketing purposes, it will ensure that you are clearly notified of your right to, and how to, opt-out from further direct marketing.
We may also use Customer Information and End-User Information:
To respond to court orders, subpoenas, or legal process, or enforceable governmental requests, or to establish or defend against legal claims, or exercise our legal rights.
Datafree may disclose Customer Information and End-User Information in the following circumstances:
- Where we have your explicit permission.
- To respond to court orders, subpoenas, or legal process, or enforceable governmental requests, or to establish or defend against legal claims, or exercise our legal rights.
- Datafree may disclose End-User telephone numbers to telecommunications providers for the purposes of obtaining and providing zero-rating and reverse billing arrangements for End-Users via Customer applications on the Datafree platform.
- Datafree will take reasonable steps to ensure that its contracts with third parties include requirements for those third parties to comply with the requirements of the applicable South African privacy legislation.
- We may disclose your personal information to overseas recipients such as companies in our corporate group or affiliates or third parties that assist in the conduct of the Datafree Services.
Where we disclose your personal information to overseas recipients, these recipients are most likely to be located in Unites States, United Kingdom, Australia. This list of countries is not exhaustive and may change from time to time.
We may also disclose aggregate, anonymous log file and usage information in reports to interested third parties to assist those parties in understanding the usage patterns and performance results of certain advertisements, content, services, promotions, or features, or to provide you a better user experience. For example, we may provide aggregate-level reports to an advertising partner for the purpose of showing delivery and performance statistics of a specific advertising campaign. Such information will be de-identified.
Security and Information Quality
We strive to ensure the security, integrity and privacy of personal information collected and held by us, and we review and update our security measures in light of current technologies. Unfortunately, no data transmission over the Internet or a mobile network can be guaranteed to be totally secure. However, we will take all reasonable steps to protect the personal information that we may collect.
In addition, our employees and the contractors are required to perform their duties in a manner that is consistent with our legal responsibilities in relation to privacy.
We take such steps as are reasonable, in the circumstances, to ensure that the personal information we process is accurate, complete, and current. However it is ultimately up to our customers and users to update or correct their personal information whenever necessary.
Access to Information and Correction
You may request access to your personal information that is held by Datafree.
If, at any time, you discover that personal information held about you is incorrect, you may contact us to have the information corrected and we will correct our records as soon as practically possible.
You can contact us about your personal information by sending an email to firstname.lastname@example.org.
Problems or Questions
Privacy complaints will be dealt with promptly by Datafree’s Privacy Officer and in accordance with Datafree’s Complaint Handling Policy.
Further Privacy Information
For more information about privacy issues in South Africa and protecting your privacy, visit the website of the Protection of Personal Information Act (POPI Act): https://popia.co.za/