1. Connect Mobile Communication (Pty) Ltd / Connet2u Disclaimer and Exclusions of Warranties
   Connect Mobile Communication (Pty) Ltd hereafter CONNECT offers the Connet2u mobile application (C2u) hereafter THE SERVICE, software, accompanying information, materials, and documents (hereafter collectively "materials") "as is" without warranty of any kind, either expressed or implied, including without limitation warranties of merchantability, fitness for particular purpose, and non-infringement.
   Any information/advice provided by CONNECT or external links are viewed, relied upon, and used at the CLIENT’S own risk. CONNECT, its officers, directors, affiliates, shareholders, agents, licensors and employees will periodically add, change, delete, improve, or update materials without any prior notice. CONNECT, its licensors and affiliates do not warrant that the information will meet your requirements or that the operation of THE SERVICE will be uninterrupted or error free.
   Use of THE SERVICE is at each CLIENT’S sole risk. Under no circumstances, including without limitation, negligence, shall CONNECT, its officers, directors, affiliates, shareholders, licensors, agents, employees, information providers or content providers be liable for any actual, direct, indirect, incidental, special, punitive or consequential damages or loss, even if CONNECT has been advised of the possibility of such damages.
2. Indemnification
   Under no circumstances shall CONNECT, its officers, directors, affiliates, shareholders, agents, licensors and employees be liable for any losses, damages, liabilities, penalties, claims, demands, suits, actions, or any related costs and expenses of any kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, which are claimed to arise from use of THE SERVICE, software, including without limitation, any fault, error, omission, interruption or delay with respect thereto. CONNECT is not responsible for any Intellectual Property Rights infringement what so ever.
   Neither party shall be liable for any disruption, interruption, suspension, failure and breakdown of its system due to factors beyond its reasonable control. Except in the event of gross negligence, wilful misconduct, non-payment, or as set out below, neither party shall be liable for any indirect, incidental, consequential, special, loss of revenue and/or business, loss of anticipated earning or punitive, exemplary damages howsoever arising out of this Agreement (whether for breach of contract, tort, or negligence) or its termination and irrespective of whether such Party has been advised of the possibility of such loss or damage.
   Each Party hereby agrees to indemnify and hold the other Party harmless from any and all costs, expenses, including reasonable outside attorneys’ fees, claims, suits and liability by third parties (collectively, “Claims”) that the other Party may suffer or incur by reason of the Party’s actual or alleged:
   infringement of any Intellectual Property rights of the Other Party or a third party in connection with this Agreement,
   violation of any laws or regulation of any governmental, regulatory or judicial authority arising from the performance of the Party under this Agreement, and
   the gross negligence or wilful misconduct of the Party, its employees or agents in connection with this Agreement.
3. WASPA
   CONNECT confirms that it is a member of the Wireless Application Service Providers Association (WASPA) and undertakes to adhere to any legislation policies and/or codes of conduct that may be applicable. CLIENTS are strictly to adhere to the WASPA code of conduct. The WASPA code of conduct and advertising guidelines can be viewed at www.waspa.org.za. CONNECT shall not be held liable by the CLIENT if any of the CLIENT’S services are deemed to contravene WASPA code of conduct and the service is blocked. CONNECT will stand by any judgement handed down by WASPA in terms of services owned by CLIENTS of CONNECT and will discontinue such service provided to the CLIENT. This does not exempt the CLIENT from financial obligations in terms of the agreement and does not void or terminate this agreement or any clause in the agreement. Any penalties or fines imposed by WASPA in terms of services owned, run by, or on behalf of the CLIENT shall be the liability of the CLIENT and payable by the CLIENT. CONNECT reserves the right to withhold payment of revenue share to the CLIENT until such penalties or fines are settled by the CLIENT in full. A penalty of R10000 will be imposed by CONNECT for any breach of the WASPA Code of Conduct. This penalty is over and above the fine imposed by WASPA, which will also be charged to the CLIENT.
4. Networks
   CONNECT owns the relationship with the Mobile and Fixed network operators in the territory and will manage and maintain all, communication, negotiations, contractual relationship, agreements with the network operators and service providers and its agents, representatives, suppliers or subcontractors in the territory. All mobile telephone applications included in this agreement shall be subject to such agreement. CONNECT however does not hold itself out as the legal agent, representative, employee of any network operator or service provider and provides no guarantee or warranty on behalf of any network operator or service provider. In the event of non-availability of any of the Mobile or Fixed Telephone Networks or Internet Service Provider infrastructure, or if any agreement is suspended, cancelled, varied or terminated rendering CONNECT unable to provide the services and facilities in terms of the Agreement, CONNECT shall be entitled in its sole discretion to suspend, cancel, vary or terminate this agreement or any part thereof without CONNECT incurring any liability whatsoever in the event of non-availability of the service.
5. Lawful use of Service & Adult Content
   5.1 The CLIENT will not use THE SERVICE or knowingly allow others to use THE SERVICE for any illegal or unlawful purpose or activity.
   These include, but are not limited to the transmission of content which:
   
   
   • carries any defamatory, discriminatory or obscene material;
   • carries child pornography;
   • carries religious or racial slurs;
   • is used in connection with any infringement of another person’s intellectual property rights (for example copyright and trademark);
   • engages in the transmission of pirated material;
   • threatens or encourages bodily harm;
   • destroys tangible or intangible property;
   • uses the network to harass another subscriber or visitor;
   • uses the network to collect or attempt to collect personal information about third parties without their knowledge or consent; and
   • uses information that is in breach of confidence, illegal or immoral in any way.
   The CLIENT will not use THE SERVICE for the transmission of unsolicited commercial messages (spam).
   
   5.2 Governing body ICASA that acts with WASPA and the DMASA have implemented strict regulations that SMS senders must adhere to. Direct marketing, defined for the purposes related to the telecommunications industry, is defined as any form of advertising (of goods or services) submitted via SMS to opted-in/interested recipients. Clients are prohibited from advertising goods or services via SMS to recipients that have not explicitly opted in to receive these SMSs. Clients submitting direct marketing content within, or to recipients residing in, South Africa (GMT+2) are only allowed to submit SMSs during the send times as per below.
   
   
   • Mondays to Fridays from 08h00 to 17h00 only; and
   • Saturdays from 09h00 to 13h00 only.
   On Sundays and Public Holidays clients are prohibited from submitting marketing content via SMS to recipients. Failure to adhere to these strict regulations could result in service suspension and hefty fines passed on by WASPA.
6. Continuation of Service
   In the event that the service/application supplied by the CLIENT to a THIRD PARTY is discontinued/dissatisfactory, fraudulent or if monthly THE SERVICE hosting is not paid to CONNECT by the CLIENT, CONNECT has the right to resume the service or develop a similar service with or without consent from the CLIENT and offer this service/application to same THIRD PARTY.
7. Keyword Based Competitions
   CONNECT reserves the sole right to allocate keywords for SMS competitions. All keywords must be applied for by the CLIENT and approved by CONNECT. Notwithstanding approval that has been granted, CONNECT can de-allocate a keyword for any reason whatsoever. All tariffs and closing dates must ALWAYS be included on any advertising material for a competition. The advertising guidelines set out by WASPA must be strictly adhered to by the CLIENT.
8. Security and Account Protection
   CONNECT will allocate the CLIENT with a password to access and update services. This password must be kept secure at all times. The CLIENT acknowledges that any unauthorized access obtained with the CLIENT’S password to THE SERVICE is the CLIENT’S own responsibility and the CLIENT is liable for any activities conducted or costs incurred.
9. Intellectual Property
   Nothing in the agreement shall give the CLIENT any rights in respect of CONNECT’S or its affiliates intellectual property and the CLIENT hereby acknowledges that it shall not require any rights in respect thereof and that all such intellectual property is and shall remain vested in the company or its affiliates. The CLIENT shall be provided with proprietary technical information, documentation or software that must be returned to CONNECT on termination of this agreement.
   The parties shall procure, at their own cost, all necessary permissions, licenses, royalty-free licenses, consents or approvals prior to any use or reproduction (whether or not in whole or in part) of third Party software, information, documents, data, statements, technology, literary work, musical work, artistic work, invention or design which are protected by copyrights, patent rights, design rights or trademarks belonging to the third party in regards to the Services provided.
   The intellectual property of and/or developed by either Party shall remain the exclusive property of that Party. Neither Party shall use the other Party’s intellectual property for whatever purpose unless with the prior written consent of the other Party.
   CONNECT shall retain all right, title, and interest in to the CONNECT System, including but not limited to, ownership of all hardware, software, data, technology, applications, report formats and mechanisms, content and all intellectual property rights associated therewith.
   The CLIENT shall retain all right, title, and interest in and to the Client’s System, including but not limited to, ownership of all hardware, software, technology, applications and content and all intellectual property rights associated therewith.
   All rights not specifically granted herein to hardware, software, content, marks, technology, or other materials (and intellectual property rights of any of the foregoing) are reserved to the owner thereof.
10. Payment Terms
    The CLIENT will make payment prior to the use of the service unless otherwise agreed to in writing. Any overruns on prepaid services will be the responsibility of the CLIENT. CONNECT reserves the right to expire and remove any unused SMS credits 12 months after the date the SMS credits were updated on the CLIENT’s account.
11. Conflicting Services
    CONNECT offers the SERVICE to many different parties and CONNECT is not responsible and shall not be held accountable in any way for services or applications that, in the CLIENT’S opinion, form a conflict of interest with services or applications provided by the CLIENT. CONNECT does however undertake to keep all information relevant to a CLIENT’S service confidential.
12. Breach and Termination
    Notwithstanding any other provision of this Agreement, if the CLIENT is in breach of any of the terms and conditions contained herein, then CONNECT may, without prejudice to any of its other rights and remedies and without notice, terminate the supply of the Service to the CLIENT. The CLIENT shall, on termination of the service, be liable to pay CONNECT all fees outstanding as at the date of termination.
13. Alteration to Terms and Conditions
    CONNECT reserves the right to alter its privacy policy and terms and conditions regulating the relationship between the CLIENT and CONNECT at any time. The CLIENT acknowledges that by using the services from time to time, that the CLIENT shall become bound to the current version of the relevant terms and conditions (the “current version”) and, unless stated in the current version, all previous versions shall be superseded by the current version. The CLIENT shall be responsible for reviewing the then current version each time it makes use of the service. Without derogating from the a foregoing, and without imposing any obligation on CONNECT whatsoever, CONNECT reserves the right to give the CLIENT notification of amendments of the relevant terms and conditions and its privacy policy either by mail or by posting a notice on this section of the company website. On notification of the existence of the amended terms and conditions and/or privacy policy, you shall be obliged to visit the section of the website and view the then current version.

1. Introduction

1.1. This Privacy Policy forms part of our standard Terms & Conditions of Service and applies to all registered or non-registered Users of our Services (as defined in our standard Terms & Conditions of Service) including visitors to our website (User, you or your). All references herein to us, our or we are to Connect Mobile Communication (Pty) Ltd.

1.2. Your privacy is important to us. The purpose of this Privacy Policy is to help you understand how we collect, use, store and share personal data about you. Personal data means any information about an individual from which that person can be identified and does not include anonymous data.

1.3. PLEASE NOTE that where you use our Services to communicate messages to third parties such as your customers (message recipients), we are the data processor and you are the data controller. This means that you determine the purpose and means of the processing of information about message recipients. It is your responsibility to ensure that message recipients’ data that is uploaded to our platform, along with the content of the messages, is compliant with all applicable local and international data protection laws and regulations, including but not limited to the General Data Protection Regulation Directive (GDPR) and South Africa’s Protection of Personal Information Act (POPIA). Please refer to our Standard Terms of Service for further details.

2. The personal data we gather about you and where we get it from

2.1. We collect relevant and minimal personal data about you for the purpose of managing your affairs with us.

2.2. We collect data about you when you register for an account, create or modify your profile on our website, purchase Services from us, raise a query with our support team, contact us over the phone, by email sign up to any of our mailing lists, request marketing to be sent to you, take part in any surveys or give us some feedback.

• 2.3.1. Contact details – your name, title, billing address, delivery address, email address and telephone numbers;
• 2.3.2. Payment information* – your bank account and branch number;
• 2.3.3. Purchase history – this includes details about the Services you have purchased from us;
• 2.3.4. Marketing preferences – this includes your preferences in receiving marketing from us and your communication preferences;
• 2.3.5. Customer service history – this includes interactions with us over the phone or website.
* Note that all credit card and electronic funds transfer payment processes are re-directed to and managed directly by a third party payment service provider. We do not hold your credit card details.

3. How your personal data is used

3.1. We will only use your personal data when the law allows us to and for the purposes for which we collected it.

• 3.2.1. Where we need to perform the contract we are about to enter into or have entered into with you, including to process transactions with you, authenticate your account when you log in, provide customer support, to operate and maintain the Services and to protect the safety and security of the Services;3.2.1. Where we need to perform the contract we are about to enter into or have entered into with you, including to process transactions with you, authenticate your account when you log in, provide customer support, to operate and maintain the Services and to protect the safety and security of the Services;
• 3.2.2. To protect our Legitimate Interests (or those of a third party) and your interests where fundamental rights do not override those interests (Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service and the best and most secure experience);
• 3.2.3. Where we need to comply with a legal or regulatory obligation; and
• 3.2.4. Where you have given us your consent to do so for a specific purpose.

3.3. You will only receive marketing communications from us if you have requested the same, purchased Services from us or told us that we can send them to you. You can inform us that you want to stop receiving marketing communications from us at any time, via email or phone, or where we have supplied the appropriate tools online.

3.4. We may use cookies on our website. You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of the website user experience may differ.

4. Keeping your personal data secure

4.1. In addition to our local environment, we use data centre service provider in the South Africa to host the information we collect.

4.2. We have put in place all appropriate security measures to secure your personal data. In addition, we limit access to your personal information to employees, agents, service providers and other third parties. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

4.3. While we implement safeguards designed to protect your information, no security system is impenetrable and due to the inherent nature of the Internet, we cannot guarantee that data, during transmission through the Internet or while stored on our systems is absolutely safe from intrusion by others. We strongly recommend that you take the necessary steps and implement your own safeguards to prevent interception of data transmitted over networks and to restrict access to databases and other storage points used.

4.4. We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

5. How we share the personal data we hold about you

5.1. We do not sell any of your personal data to any third party.

5.2. We do, however, share and/or store your data with our third party hosting, backup, storage and/or virtual infrastructure service provider(s) who help us run our business. Some of these third parties may be situated outside of your country and you consent to your personal data (and that of any data subjects you provide to us) being transferred cross-border so that we can provide the Services to you. In this regard, we only engage 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.

5.3. We do not allow our third party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

• 5.4.1. Comply with any applicable law, regulation, legal process or government request;
• 5.4.2. Enforce our agreements, policies and terms of service;
• 5.4.3. Protect the security and/or integrity of our Services;
• 5.4.4. Protect ourselves, our customers and/or the public from harm or illegal activities; or
• 5.4.5. Respond to an emergency which we believe in good faith requires us to disclose information to assist in preventing the death or serious bodily injury of any person.

5.5. We also share data about you with third parties when you give us consent to do so, for example, when we display personal testimonials of satisfied customers on our public website.

5.6. We may share or transfer information we collect under this Privacy Policy in connection with any merger, sale of company assets, financing or acquisition of all or a portion of our business to another company, in which event you will be notified via email of the transaction as well as any choices you may have regarding your information.5.6. We may share or transfer information we collect under this Privacy Policy in connection with any merger, sale of company assets, financing or acquisition of all or a portion of our business to another company, in which event you will be notified via email of the transaction as well as any choices you may have regarding your information.

5.7. Please note that our website may include links to third-party websites, plug-ins and applications for example, our payment service provider’s gateway. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.

5.8. Certain communications to be intercepted and monitored while travelling over telecommunication networks (for system health and forensic reasons). Subject to the provisions of the Regulation of Interception of Communications Act 70 of 2002 (RIC Act), you consent to the interception and monitoring of all communications sent by you to us. You acknowledge and agree that such consent meets the “writing” requirement as detailed in the Electronic Communications and Transaction Act 25 of 2002 and the RIC Act.

6. How long do we keep your personal data?

6.1. Generally, we will only retain your personal data for as long as necessary to fulfil the purpose for which we collected it.

6.2. We retain your account information for as long as your account is active and a reasonable period thereafter in case you decide to re-activate the Services. If your account is deactivated or disabled, some of your information and the content you have provided will remain in order that your team members or other users can make full use of the Services.

6.3. We also retain some of your information as necessary to comply with our legal and regulatory obligations, to resolve disputes, to enforce our agreements, to support business and for the purposes of satisfying any accounting or reporting requirements.

6.4. In some circumstances, you can ask us to delete your personal information (see Section 7 below).

6.5. In some circumstances, we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

7. Accessing and controlling your personal data

• 7.1.1. Request access to your personal data. This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
• 7.1.2. Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new information you provide to us.
• 7.1.3. Request removal of your personal data. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal information to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
• 7.1.4. Object to processing of your personal data where we are relying on a Legitimate Interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal information for direct marketing purposes.
• 7.1.5. Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal information in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
• 7.1.6. Request the transfer (portability) of your personal data to you or to a third party in a structured, common and machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you and it must not prejudice the rights and freedoms of others, for example, the right to privacy, the right to access and information.
• 7.1.7. Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

7.2. If you wish to exercise any of the rights set out above or if you have any questions or a complaint, please contact us. We try to respond to all legitimate requests within 15 days.

7.3. Access and update your information. Our Services and related documentation give you the ability to access and update certain information about you from within the Service for example your profile information.

7.4. Deactivate your account. If you no longer wish to use our Services, your administrator may be able to deactivate your Services account via the account settings. Note that deactivating your account does not however delete your information.

7.5. Opt out of communications. You may opt out of receiving promotional communications from us by using the unsubscribe link within each email, updating your email preferences within your Service account settings menu, or by contacting us as provided below to have your contact information removed from our promotional email list or registration database. Even after you opt out from receiving promotional messages from us, you will continue to receive transactional messages from us regarding our Services.

8. Age Restriction

9. Amendments to this Privacy Policy

If you have any questions feel free to contact us by sending an email to compliance@connect-mobile.co.za