What Does This Privacy Policy Apply To?

We are Mobitainment (Reg 2006/003392/07), and this is our plan of action when it comes to protecting your privacy. We respect your privacy and take the protection of personal information very seriously. This Privacy Policy applies to personal information collected by Mobitainment in connection with the services we offer. Find out more about Mobitainment at http://www.mobitainment.co.za. This includes information collected offline through our helpline, direct marketing campaigns, surveys and competitions, and online through our USSD portals, websites, branded pages on third party platforms and applications accessed or used through such websites or third-party platforms which are operated by or on behalf of Mobitainment (“Mobitainment Sites”). This Privacy Policy is incorporated into and forms part of the terms and conditions of use of the applicable site.

This Privacy Policy does not apply to:

• information collected by third party websites, platforms and/or applications (“Third Party Sites”) which we do not control;
• information collected by Third Party Sites which you access via links on Mobitainment sites; or
• banners, surveys and other advertisements or promotions on Third Party Sites that we may sponsor or participate in.
• These Third-Party Sites may have their own privacy policies and terms and conditions. We encourage you to read them before using those Third-Party Sites.

 

Your Consent

Mobitainment will not collect, use or disclose your personal information without a lawful justification to process it. In most cases, we will ask for your consent explicitly but, in some cases, we may infer consent from your actions and behaviour. By using our sites, you are consenting to the Mobitainment company collecting, using and disclosing your personal information in accordance with this Privacy Policy.

We may ask you to provide additional consent if we need to use your personal information for purposes not covered by this Privacy Policy.  You are not obliged to provide such consent but if you decide not to then your participation in certain activities may be restricted.  If you provide additional consent, the terms of that consent shall prevail in the event of any conflict with the terms of this Privacy Policy.

If you do not agree to the collection, use and disclosure of your personal information in this way, please do not use the Mobitainment Sites or otherwise provide Mobitainment with personal information.

 

Children

The majority of Mobitainment Sites are designed and intended for use by adults.  Where a Mobitainment Site is intended for use by a younger audience, we will obtain consent from a parent or guardian before we collect personal information where it is required by applicable data protection laws and regulations (the age at which consent is necessary varies from country to country).  If you are under the age of 18 and do not legally need parental consent, you should review the terms of this Privacy Policy with your parent or guardian to make sure you understand and accept them.

If we discover that we have collected information without consent from a parent or guardian where such consent should have been obtained, we will delete that information as soon as possible.

Access to certain parts of the Mobitainment Sites and/or eligibility to receive prizes, samples or other rewards may be limited to users over a certain age. We may use your personal information to carry out age verification checks and enforce any such age restrictions.

 

What Information Do We Collect?

In this Privacy Policy, your “personal information” means information or pieces of information that could allow you to be identified. This typically includes information such as your name, address, username, picture, email address, and contact numbers, but can also include other information such as IP address, shopping habits, preferences and information about your lifestyle or preferences such as your hobbies and interests. Our role in the collection of personal information is generally that of an operator, as we manage competitions on behalf of a brand, who is the responsible party.

 

We may collect information from you directly when you provide us with personal information, when you contact us, or when you enter into a contract with us for our goods or services. When we act as an operator, we may collect information when an entrant registers for prize draws or competitions, sign up to receive information, use applications, buy a product or service from us, fill out a survey, or make a comment or enquiry.

The types of information we may collect include your:

• Name
• Address
• Email address
• Username
• Telephone number
• Age
• Date of birth
• Gender
• Preferred language
• User-generated content, posts and other content you submit to Mobitainment Sites
• Any other personal information you voluntarily provide to us

Information we collect automatically when you use the Mobitainment Sites: We use cookies and other tools (such as USSD, SMS and web analytic tools) to automatically collect information about you when you use Mobitainment Sites, subject to the terms of this Privacy Policy and applicable data protection laws and regulations.  The types of information we may collect automatically include:

• Information about the type of mobile devices, browsers and network service providers you use
• Details of the pages you have viewed
• Your IP address
• Your contact number
• The hyperlinks you have clicked
• Your username, profile picture, gender, networks and any other information you choose to share when using third party sites (such as when you use the “like” functionality on Facebook or the +1 functionality on Google+)
• The websites you visited before arriving at a Mobitainment Site

Most internet browsers are initially set up to accept cookies. You can change the settings to block cookies or to alert you when cookies are being sent to your device. If you disable the cookies this may impact your experience on Mobitainment Sites.

• Information we collect from other sources

We may receive personal information about you from other sources if you have given permission for that information to be shared.  This may include information from commercially available sources, such as public databases and data aggregators, and information from third parties. The types of personal information that we may collect from such sources include, but are not limited to your:

• Name
• Street address
• Age
• Preferred language
• Network provider
• Your shopping habits
• Preferences and information about your lifestyle such as your hobbies and interests
• Publicly available information such as user-generated content, blogs and postings, as permitted by law

 

How Do We Use Your Personal Information?

We may use your personal information to:

• Improve our products and your experience on the Mobitainment Sites. The Mobitainment Sites are the sites we develop in terms of a service contract for a promotion or competition.

• Evaluate the use of the Mobitainment Sites, products and services
• Analyse the effectiveness of our advertisements, competitions and promotions
• Personalise your user experience, as well as to evaluate (anonymously and in the aggregate) statistics on user activity, such as what time you entered a competition, whether you’ve entered it before and what site referred you to it
• Make the Mobitainment Sites easier to use and to better tailor the Mobitainment Sites and our products to your interests and needs
• Help speed up your future activities and experience on Mobitainment Sites. For example, a site can recognise that you have provided your personal information and will not request the same information a second time
• Collect information about the device you are using to view the Mobitainment Site, such as your IP address or the type of Internet browser, operating system or mobile device you are using, and link this to your personal information so as to ensure that each Mobitainment Site presents the best user experience for you
• To contact you regarding products and services which may be of interest to you, provided you have given us consent to do so or you have previously requested a product or service from us, and the communication is relevant or related to that prior request and made within any timeframes established by applicable laws.

• Suggest products or services (including those of relevant third parties) which we think may be of interest to you
• Offer you the opportunity to take part in competitions or promotions. (You can opt out of receiving communications from us at any time.  Any direct marketing communications that we send to you will provide you with the information and means necessary to opt out.)

• Provide you with products or services that you request from us.
• For the purposes of competitions or promotions that you have entered
• To send you information, products or samples that you have requested
• To respond to your queries or comments

Retention

Where we collect personal information for a specific purpose, we will not keep it for longer than is necessary to fulfil that purpose, unless we have to keep it for legitimate business or legal reasons.  In order to protect information from accidental or malicious destruction, when we delete information from our services, we may not immediately delete residual copies from our servers or remove information from our backup systems.

 

Message Services

We may make available a service through which you can receive text or other types of messages from Mobitainment (such as short message service, or SMS, multimedia message service, or MMS, unstructured supplementary service data, or USSD, and electronic mail, or email, or chat message) on your wireless, mobile or desktop device (“Message Service”). Unless and until you have elected to opt out of receiving such messages by following the instructions in the Your privacy rights and who to contact section below.

You understand that your carrier’s standard rates apply to these messages, and that you may change your mind at any time by following the instructions in the Your privacy rights and who to contact section below. If fees are charged to your carrier’s account invoice, you agree that we may collect from you and provide your carrier with your applicable payment information in connection therewith. You represent that you are the owner or authorized user of the device you use to sign up for the Message Service, and that you are authorized to approve the applicable charges. In addition to meeting certain age restrictions and any other terms and conditions associated with each Message Service, you may be required to register personal information such as your name, text message, wireless address or mobile phone number. We may also obtain the date, time and content of your messages in the course of your use of the Message Service. We will use the information we obtain in connection with our Message Service in accordance with this Privacy Policy. Please note, however, that your wireless carrier and other service providers may also collect data about your wireless device usage, and their practices are governed by their own policies.

You acknowledge and agree that the Message Service is provided via wireless systems which use radios (and other means) to transmit communications over complex networks. We do not guarantee that your use of the Message Service will be private or secure, and we are not liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the Message Service. We may also access the content of your wireless and/or mobile phone account with your carrier for the purpose of identifying and resolving technical problems and/or service-related complaints.

 

Who Do We Share Your Personal Information With?

As a general rule, we do not share your personal information with anyone outside of Mobitainment. However, we may share your personal information with trusted third parties.

We may share your personal information with:

• Advertising, marketing and promotional agencies to help us deliver and analyse the effectiveness of our advertising campaigns and promotions;
• Third parties required to deliver a product or service to you, such as a delivery or postal service delivering a product that you have ordered or won;
• Law enforcement or government authorities where they have followed due legal process to request us to disclose the information;
• Third parties who wish to send you information about their products and services, but only if you have given us consent to do so;
• Third party providers of services, such as data processing, to Mobitainment; and
• Web analytics tool providers, such as Google.

We may also share your personal information with companies, organisations or individuals outside of Mobitainment if we believe that disclosure of the information is necessary for legal reasons.

We may share your personal information to:

• Enforce applicable terms of use of Mobitainment Sites;
• Conduct investigations into possible breaches of applicable laws;
• Detect, prevent and protect against fraud and any technical or security vulnerabilities; and
• Comply with applicable laws and regulations, co-operate in any legal investigation and meet enforceable governmental requests.

If we do share your personal information with a third party, we will enter into a written agreement to ensure that they keep your information secure, take all reasonable steps to protect it from misuse and only use it in a manner consistent with this Privacy Policy and applicable data protection laws and regulations.

Change of ownership

If we undergo a change in ownership, or a merger with, acquisition by, or sale of assets to, another entity, we may assign our rights to the personal information we process to a successor, purchaser, or separate entity. We will disclose the transfer on the website. If you are concerned about your personal information migrating to a new owner, you may request us to delete your personal information.

 

Where Do We Store Your Personal Information?

The host servers for Mobitainment Sites are local, in South Africa, and in the European Economic Area are located in Germany and the UK.  Your personal information will be hosted in one of these regions, depending on the origin of the Mobitainment Site you are using, and will be transferred and processed within that region in accordance with applicable data protection laws and regulations.

 

Transferring Your Personal Information

We may transfer your personal information to servers located outside the country in which you live or to affiliates or other trusted third parties based in other countries so that they may process personal information on our behalf. By using a Mobitainment Site or otherwise providing Mobitainment with personal information, you agree to us doing so in accordance with the terms of this Privacy Policy and applicable data protection laws and regulations. You should be aware that many countries do not afford the same legal protection to personal information as you might enjoy in your country of origin. While your personal information is in another country, it may be accessed by the courts, law enforcement and national security authorities in that country in accordance with its laws. Subject to such lawful access requests, we promise that anyone processing your personal information outside your country of origin is required to implement measures to protect it and is only entitled to process it in accordance with Mobitainment’s instructions. Where a foreign country’s laws are less stringent, we will ensure that we have an agreement in place to protect your personal information.

 

Safeguarding Your Personal Information

We take all reasonable precautions to keep your personal information secure and require any third parties that handle or process your personal information for us to do the same. Access to your personal information is restricted to prevent unauthorised access, modification or misuse and is only permitted among our employees and agents on a need-to-know basis.

Accurate and up to date

We will try to keep the personal information we collect as accurate, complete and up to date as is necessary for the purposes defined in this policy. From time to time, we may request you to update your personal information on the website. You are able to review or update any personal information that we hold on you by accessing your account online, emailing us, or phoning us. Please note that in order to better protect you and safeguard your personal information, we take steps to verify your identity before granting you access to your account or making any corrections to your personal information.

Your Privacy Rights and Who To Contact

If you have any questions, comments or concerns about how we handle your personal information, then you may contact us by clicking the Contact Us link on the Mobitainment Site that directed you to this Privacy Policy.  Alternatively, please go to https://www.mobitainment.co.za/ and click on the Contact Us link. Your request will be directed to the appropriate contact at Mobitainment or its associates.

You have the right to tell us if you:

• Don’t want to be contacted in the future by us
• Would like a copy of the personal information which we hold about you
• Would like us to correct, update, or delete your personal information in our records
• Wish to report any misuse of your personal information

To assist us in dealing with your request, please provide your full name and details.

 

Changes To Our Privacy Policy

We may change this Privacy Policy from time to time by posting the updated version of the Privacy Policy on the Mobitainment Sites. We encourage you to visit frequently to stay informed about how we use your personal information.

 

Other Mobitainment Privacy Policies

In addition to this Privacy Policy, there may be specific campaigns or promotions which will be governed by additional privacy terms or policies. We encourage you to read these additional terms or policies before participating in any such campaigns or promotions as you will be required to comply with them if you participate. Any additional privacy terms or policies will be made prominently available to you.