MTN Nigeria Communication Plc Privacy Notice
1. MTN’s enhancement to Your privacy
MTN Nigeria Communications PLC (“MTN”), a public limited liability company, incorporated in the Federal Republic of Nigeria with registration number 395010 and its principal office at MTN Plaza, Falomo Roundabout, Awolowo Road, Ikoyi, Lagos, respects the privacy of our Customers’ Personal Information which should be protected through the use and interaction with www.mtnonline.com and all associated websites, mobile applications, products and services.
We have prepared this MTN Customer Privacy Notice (this “Privacy Notice or “Notice”) to notify You of the type of Personal Information we collect from You, Our Customers and/or Users; how We will treat that Personal Information; and the circumstances under which We will share it with third parties.
2. Key Definitions
|The following key terms should be read in conjunction with this Notice:
Freely given indication of the Customer’s wishes or a clear affirmative action signifying Customer’s or User’s agreement to the processing of Personal Data relating to him or her.
|Data Subject||The person (natural or juristic) to whom Personal Information relates. In this case, the Customer.|
|Customer||A customer is a person (individual or organization) who enters into a contract by subscribing to MTN or any its Affiliates’ Services or Products, for use (as part of an integrated solution provided by MTN or any MTN Affiliate).|
|NITDA||National Information Technology Development Agency.
|Personal Information||Information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person.
This includes, but is not limited to, details such as Your name, phone number, address, age,curriculum vitae, marital status, gender, health details, location information, online identifier, the personal opinions, views or preferences of the person; company’s registered name, registration number, Director’s names, ID numbers, addresses and other company details which could include: financial information and banking details and registered or unregistered identification or proprietary marks etc.
|Processing / Process of Personal Information||Any operation or activity or any set of operations, whether by automatic means, concerning Your Personal Information, including—
(a) the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use;
(b) dissemination by means of transmission, distribution or making available in any other form; or
(c) merging, linking, as well as restriction, degradation, erasure or destruction of Personal Information.
|Operator||A third-party who is processing Personal Information for MTN in terms of a contract or mandate, without coming under the direct authority of that party.
|Organisations||This means other entities such as a service provider, whether it is an affiliate or a supplier, to perform activities, services, functions, or processes on an ongoing basis that would normally have been undertaken by MTN itself.|
|Sensitive Personal Information||Information relating to Your biometric details, race, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of that person.
|“You”, “Your”||the Customer
|“Us”, “We”, “Our”
|User||A user is a person (individual or organisation) who uses any of MTN channels, which are not limited to MTN websites; mobile applications; Unstructured Supplementary Service Data (USSD) and Short Message Service (SMS); and other products and services.|
|MTN Group||The parent company of MTN|
|MTN Data||MTN Personal Information, Personal Information of its affiliates, customers, employees, agents, representatives, contractors and professional advisors.|
3. Acts of Customer?
Customers who act on behalf of an organisation may only use MTN websites, mobile applications, products and services with authorisation from the organisation.
Customers who are natural persons must be 18 years or older. If You are under 18 years, You may only use MTN websites, mobile applications, products and services with the assistance of a parent or guardian who has provided consent for You.
4. Who does this Notice apply to?
This Notice applies to:
- all Customers and/or users who are natural persons; and
- all Customers and/or users who are organisations.
- all MTN employees and job applicants or prospective employees.
5. What We collect about You?
Through the website, mobile applications, USSD, SMS or any other products and services which You are subscribing to and purchasing, You may be requested to provide Your Personal Information or company information which is relevant to the type of services and products.
Company information of Our Customers would include but not be limited to name, registered address and billing information etc.
While You are making use of any MTN website, mobile applications, MTN automatically collects certain personal or company information such as Your IP address; browser type; operating system; mobile carrier; Your Internet Service Provider (ISP), Uniform Resource Locators (URLs) of sites from which You arrive or leave the MTN website; and mobile applications and sites that have embedded MTN platform technology. Through cookies and other technologies, We can recognise You as an existing or registered user of the MTN website and/or mobile application and are able to better serve You as a result.
We also collect information relating to job application or employment such as race, gender, sex, marital status, national, ethnic or social origin, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth date. This also includes but is not limited to information relating to the education or the medical, financial, criminal or employment history.
A cookie is generally a tiny data file that resides on Your computer, mobile phone, or other devices, and allows MTN to recognise You as a user when You return to the MTN online store website using the same computer and web browser. There are different types of cookies. Here are two examples:
A “persistent” cookie – this cookie is set once You have logged on to a website. The next time You visit the website, the persistent cookie will allow the website to recognise You as an existing user or registered user, so You will not need to log in before using the services. However, if You wish to access or change any of Your payment information (like a debit or credit card number) or Your registered information, You must log in securely again with Your password, even if Your computer contains a persistent cookie.
A “session” cookie – this cookie is used to identify a visit to a website. Session cookies expire after a short time or when You close Your web browser.
You can remove or block cookies using the settings in Your browser, but in some cases doing so may impact Your ability to use the website.
6. Consent from You
By accepting to the above-mentioned terms and conditions, You are accepting the terms and conditions of this Privacy Notice, and provide MTN with consent for the processing of Your personal or company information and accepting the practices described in this Notice.
7. The use of Your Personal Information or company information
To provide You, Our Customers and/or user, with the best online services, mobile applications, USSD and SMS products and services, MTN will use Your Personal Information to:
- Process the goods and services You have bought from Us, and keep You updated with Your order progress.
- Carry out a credit check if You are applying for a contract for services, and to assess Your application.
- Provide the relevant service or product to You. This includes other services not included in Your agreement with Us, and services that use information about where You are when using Your mobile equipment (location information) and to contact You with messages about changes to the service or product.
- Bill You for using Our products or services.
- Protect Our network and manage the volume of calls, texts and other use of Our network. For example, We identify peak periods of use, so We can ensure the network functions optimally during those times.
- Understand how You use Our network, products and services. That way, We can develop more interesting and relevant products and services, as well as personalise the products and services We offer You.
- Carry out research and statistical analysis to monitor how Customers and/or users’ use Our network, products and services on an anonymous or personal basis.
- Conduct market research and perform statistical analyses of Our Customers and/or users’ behaviour. By being aware of Our Customer’s and/or User’s interest in and use of the various areas of the MTN websites, mobile applications, USSD and SMS products and services for MTN to better serve its Customers and/or Users.
- Share information across MTN’s different business units for processing to serve MTN’s Customers and/or users more efficiently such as, but not limited to, Credit Vetting Process, Direct Marketing Process and Customer Loyalty Processes.
- Share information with MTN third parties within Our operations and Value Added Service Providers where We have an underlying contractual relationship to provide the service to You, including those third parties to whom You have subscribed for their services and consented to Our provision of Your Personal Information to them.
- Prevent and detect fraud, information security and privacy incidents and other crimes, recover debts or trace those who owe Us money.
- Send You promotional materials or details by SMS, e-mail, post or electronic communication provided You have given Your consent to receive such promotional materials from MTN.
- Let You know about other companies’ products and services (including offers and discounts We have specially negotiated for Our customers) that We think may interest You, if You have chosen to receive this information.
- Contact You in the event of a query and respond to any questions or concerns You may have about using Our network, products or services.
- In any circumstance prescribed by law including but not limited to biometrics for SIM registration, investigation of criminal activities, directives from law enforcement etc.
- Provide up to date service delivery as regards the services subscribed to and/or made available by MTN to its Customers.
- to fulfil employee contractual agreement(s) for ;
- for staffing, assessment, recruitment and career development opportunities
- to administer the benefits and services to employees;
- for purposes of performance management, talent management and succession planning, remuneration and benefits; training and development; management statistics on employment;
- for occupational health administration; work management; business travel; corporate security; organisational charts; archiving emails for disaster recovery purposes, legal and regulatory reporting obligations; and any other legitimate business interests;
- Where Your Personal Information is required other than in respect of the aforementioned, MTN shall notify You of such other purpose for which Your Personal Information is required to enable You to provide Your consent.
8. The safeguards for Your personal or company information
- Maintaining the security of Your Personal Information is important to MTN. Reasonable security safeguards have been implemented to protect Your Personal Information. MTN uses various methods to protect Your information such as:
- Encryption methods when transmitting payment information, such as Your credit card information. An icon resembling a padlock is displayed on the bottom of most Internet browser windows during encrypted transactions.
- Access to Your Personal Information on MTN websites, mobile applications, USSD and SMS products and services will be encrypted and/or password-protected.
- Sensitive data (such as credit card information) is protected by SSL encryption when it is exchanged between Your web browser and the MTN website and mobile applications.
- To protect any data You store on Our servers, MTN regularly audits its systems for possible vulnerabilities and attacks.
- MTN maintains an Information Security Programme internally to ensure that Your Personal Information is protected against unauthorised access, accidental loss or destruction.
9. Sharing of Your Personal Information or company information
MTN will share Your Personal Information to third parties only where it is necessary to deliver services You and in compliance with a lawful order or request without recourse to the Customer. Disclosure in the former instance shall be made with the Customer and/or user’s consent;
There will be circumstances where We are obliged to disclose Your information by law and are prohibited from informing You when we have received a request for Your Personal Information in relation to any suspected or alleged criminal activity.
In addition, companies employed by MTN to perform certain functions (“Third Parties”) may be assessed to ensure that they handle Our Customer and/or user information securely. Some of MTN Third Parties perform the following functions for MTN:
- Receiving payments, fulfilling orders, delivering packages, sending postal mail and email, removing repetitive information from customer lists, analysing data, providing market assistance, providing search results and links (including paid listings and links), processing credit card payment, and providing customer service.
- Approved online service on MTN’s websites, products and services.
These Third Parties have access to Personal Information needed to perform their functions and for purposes clearly defined by MTN.
10. Your Rights as Customer or User
10.1 Accessing and Changing Your Information
You can review the information You provide to Us and make any desired changes to the information You have provided. Please be aware that even after Your request for a change is processed, MTN may, for a time, retain residual information about You in its backup and/or archival copies of its database.
10.2 Direct Marketing
You have the right to choose whether You receive marketing material or not. By accepting using Our products and services, You are also agreeing to MTN sending You marketing material on related services, products and offerings provided from MTN from time to time. If You change Your mind at any time, You are always able to opt-out.
We do comply with applicable provisions of the Nigerian Communications Commission’s Guidelines and relevant Consumer Protection regulations on direct marketing.
10.3 Deletion or destruction of Your Information and Period of Retention
10.3.1 You may request that we delete and destroy any of Your Personal Information provided that Your relationship with MTN has been appropriately terminated.
10.3.2 MTN will, however, retain and use Your Personal Information in accordance with applicable laws for retention of data, for as long as is necessary to provide You with Our services and comply with legal and business obligations, resolution of disputes and enforcement of this Notice among others.
10.4 Transfer and storage of Personal Information across borders
- You understands that MTN may be required to host, process, transfer and store Your Personal Information in other countries for business purposes which could include giving effect to a third party contract for Your benefit or Your protection.
- MTN shall ensure that the countries have adequate data protection laws, corporate security policies, procedures and standards to adequately protect Your Personal Information as prescribed by NITDA.
- Your Personal Information shall be stored in Oracle Advanced Security Transparent Data Encryption format using Generally Accepted International Security Standards (ISO).
- Your Personal Information shall be subject to the Nigerian Data Protection Regulation 2019 (as may be amended from time to time) and any other applicable Data Protection Regulation.
10.5 Right to withdraw consent
You have a right to withdraw Your consent at any time without affecting the lawfulness of Your information received and processed by MTN in line any legal obligation or prior to Your withdrawal of consent.
10. 6 Reporting incidents
You have a right to lodge a complaint before an appropriate authority for any breach of Your rights.
Kindly notify Us:
- If You believe Your MTN platform via website and/or mobile application or subscription account to MTN products and services has been compromised.
- If You have been contacted by someone via email or SMS about Your MTN websites, mobile applications, products and services account asking for a password, birth date or other personal or company information.
- If You believe Your Personal Information has been used for fraudulent activity.
- If You are a member of the security community and need to report a technical vulnerability.
- If You have any other enquiry relating to information privacy and security.
11. Your obligations
As a Customer and/or user, there are certain obligations expected from You. Some of these obligations are imposed by applicable law and regulations, and others have become commonplace for MTN:
- You must always abide by the terms and conditions of this Notice and any agreement relating to MTN products and services that You have subscribed to. This includes respecting all intellectual property rights that may belong to Third Parties (such as trademarks or photographs).
- You must not download or otherwise disseminate any information that may be deemed to be injurious, violent, offensive, racist or xenophobic, discriminates against people on the basis of gender and sexual orientation threatens the rights and safety of others, or which may otherwise violate the purpose and spirit of MTN and its community of users on MTN websites and/or mobile applications.
- You must not provide MTN with information that You believe might be false or misleading.
- You must keep Your username and password confidential and not share it with others.
- Promptly notify MTN at the Contact Details indicated below, where You wish to exercise any of Your rights with respect to Your Personal Information.
12. Right to amend this Privacy Notice
13. Contact Details
Attention: Data Processing Officer
Address: MTN Nigeria Communications PLC
Email address: DPONigeria@mtn.com
14. Date of Publishing
Last updated September 2020
The MTN Chatbot (the “Chatbot” or the “Solution”) uses service automation to engage in dialogue with customers for marketing, sales and support, across digital channels. This includes WhatsApp, Facebook messenger, mtnonline.com, MTN App, and Telegram.
In this T&Cs, where the context so admits:
“MTN” shall refer to MTN Nigeria Communications Plc;
“Parties” shall jointly refer to MTN Nigeria Communications Plc and the User;
“Party” shall refer to MTN Nigeria Communications Plc and the User individually;
“Platform(s)”shall include the following channels where the Chatbot can be engaged which includes WhatsApp, Facebook messenger, mtnonline.com, MTN App and Telegram.
“Terms and Conditions” or “T’’s & C’s” shall refer to the most recent version og this document which contains the terms and conditions guiding the user of the Chatbot;
“User” means all individuals who interact with the Chatbot directly or indirectly any of the available platforms, either using their e-mail address, phone number or social network profile upon acceptance of this T’s & C’s;
“Personal Information” shall refer to any information relating to an identified or identifiable natural person, including those identified under clause 5.1 and as defined under the Nigerian Data Protection Regulation;
“You/Your” may also be used to refer to a User.
- Except as otherwise provided, the obligations of Parties under this T&Cs shall be for the duration of your use of the Chatbot and such term as stated specifically in this T’s & C’s or in the case of Personal information in accordance with the Nigerian Data Protection Regulation.
- Eligibility Criteria:
- All Users must indicate consent to and/or sign this T&Cs.
- By accepting this T’s & C’s you agree that you have the legal capacity to do so otherwise your consent is only valid with the approval of your legal representative, which must be obtained before using the Chatbot.
- General Terms and Conditions
- MTN reserves the right to update this Terms and Conditions at any time by amending this page. You are encouraged to visit this page for such changes.
- By accepting these Terms and Conditions, You:
- May only use the Chatbot for the purpose permitted by these T’s & C’s;
- Grant MTN the right to use any content that You may submit via the Chatbot as necessary to provide the service to You;
- expressly consents to being sent service communications and administrative messages – to the contact details provided by You upon registration – related to the use of Chatbot;
- consent that Talk-A-Bot and the Customer may handle through the chatbots their Personal Information given by You or absolutely essential for the operation of the functions of the Chatbot;
- are not granted the right to use images, signs, logos, brands or emblems used in the chatbot.
Unauthorized use of the Chatbot is not permitted, in particular the chatbot may not be used on a Platform other than that provided by or in a manner differing from the instructions given to You or in a way different from the terms defined in the present Terms and Conditions.
- are not entitled to change, let, lease, lend, sell, divide or decrypt in whole or in part the Chatbot or information learnt while using it;
- may not carry out any activity that may interfere with the Chatbot (or with the servers and networks which convey information during use and/or are connected with the chatbot);
- do not acquire the right to copy, distribute, sell or lease parts of the Chatbot;
- are not entitled to decrypt the Chatbot solution or attempt to obtain or otherwise derive source code, trade secrets, or know-how or any portion thereof;
- do not acquire any intellectual property right or the content accessible on and originating from the Chatbot;
- are not entitled to work around any technical limitations of the Chatbot;
- are not entitled to modify, reverse engineer or otherwise alter the Chatbot;
- are not entitled to use the Chatbot in any way prohibited by law, regulation, governmental order or decree;
- are prohibited from using the Chatbot to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- are not entitled to engage in activity that is false or misleading or that is harmful to others (including children), or the Chatbot;
- are not entitled to share inappropriate content, advertising, spam, spyware or malware;
- are not entitled to gain (or attempt to gain) unauthorized access to any service, data, account or network by any means; Infringe upon the rights of others;
- are not entitled to use the Chatbot anywhere other than the Platform where the chatbot has been made available;
- are not entitled to remove, modify, or tamper with any notice or link that is incorporated into the Chatbot;and
- are prohibited from degrading or compromising security in any way;
- are prohibited from including misleading statements about chatbot functionality, performance, origin or Data use; and
- are prohibited from transmitting any viruses or other code that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system or data.
- The User takes note of the following:
- Users are responsible for maintaining the privacy and security of their account;
- MTN will not be held liable for any damage or loss that may result from Users failure to protect their login information, including Your password; and
- if while You are using the Chatbot the personal data of a third party is recorded by You, obtaining the consent required for that person’s data to be processed and to be transferred to the Chatbot is Users responsibility.
- MTN will not be liable for any third party’s data or information provided by User without the third party’s consent or authorisation.
- Intellectual Property Rights and Licensing
- The Chatbot and all related trademarks, logos, taglines, trade names, copyrights and all intellectual property and features within the Chatbot are protected by intellectual property rights belonging to MTN or to our licensors. No licence is granted to the User in respect of any such rights, except to the extent required for the User’s personal use of the Chatbox in accordance with the T&Cs herein contained.
- MTN provides the Chatbot for non-commercial, non-exclusive, non-transferable, restricted personal use and the chatbot may be used for no other purpose without the prior written consent of MTN. Users agree to satisfy all copyright requirements, information and restrictions which may be found in any part of the Chatbot. The User may not alter, delete or mask any copyright mark, trademark, patent or similar mark in the Chatbot, including in downloadable, forwarded, presented or printed parts of the chatbot or parts reproduced by any other means. User agrees not to resell, duplicate, reproduce or exploit any part of the Chatbot unless MTN has provided and express written permission to do so.
- The Personal Information collected by MTN shall be used for identifying you as a User of the Chatbot, for providing the Chatbot service to you,for statistical purposes, contact purposes, and in any other circumstance as prescribed by law or further to the purpose of MTN’s telecommunication business.
- Non-Disclosure and Confidentiality
- Every information, content, event, performance or incident (“Confidential Information”) shall be treated with outmost secrecy and confidentiality by the User. Except where authorized by MTN in writing, no User shall disclose such Confidential Information) to any third party whatsoever.
- Where Confidential Information is released to any User in accordance with the requirement under clause 6.1 above, such User shall take all reasonable precautions to preserve the integrity and prevent any corruption or loss, damage or destruction of data and Confidential Information; except to a third party who is bound by a similar confidential obligation and only as the need for such disclosure arises.
- The provision of this clause 6 shall continue to apply even after You use of the Chatbox. The User shall erase or cause to be erased all Confidential Information and data provided by MTN. The User shall provide a written confirmation of the aforementioned deletion to MTN.
- Additionally, if so required by law or valid legal or regulatory process, the User may disclose such Confidential Information, but only following notice by the User to MTN of the requirement to disclose and reasonable cooperation with any attempt by MTN to maintain the confidentiality of such Confidential Information.
- You shall indemnify MTN and its officers, directors, employees, servants, agents or contractors or other persons against any loss, damage, liability, claim or demand by third parties in relation to Your breach of these Terms and Conditions.
- Governing Law: These Terms shall be governed by, subject to, and construed in accordance with the laws of the Federal Republic of Nigeria.
- Dispute Resolution
- In the event of a dispute or conflict between the Parties in connection with or in relation to these T & C’s or its performance, such dispute shall first be amicably settled as soon as possible at the senior management level of MTN by representatives of both Parties. All such representatives of the Parties shall be referred to as ‘Settlement Nominees’ and the period agreed on for such discussion shall be referred to as “Period of Discussion”.
- If the dispute is not resolved by formal negotiation as stated in Clause 9.1 within fourteen (14) Business Days of the notice of dispute, the dispute shall be referred to mediation. The mediation shall be conducted by a CEDR UK accredited mediator or any other equivalent accredited mediator to be appointed by the Parties. The Lagos Multi-Door Court House Model Procedure Rules 2007 shall apply. For the avoidance of doubt, in the event that the Parties are unable to
- agree on the appointment of a mediator within one (1) month, the Parties shall proceed to litigation as stated in clause 9.3.
- In the event the dispute is still not resolved after fourteen (14) Business Days of its being referred to mediation as specified in Clause 9.2, each Party irrevocably agrees that the dispute shall be finally resolved by a Nigerian court of competent jurisdiction which shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these T&Cs, its subject matter or formation.
- Further Terms
- Chatbots are provided “as is” and “as available” with no representations or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. MTN makes no warranties regarding:
- Users’ ability to use the Chatbot,
- Users’ satisfaction with the Chatbot,
- that the Chatbot will be available at all times, uninterrupted, and error-free, and
- that bugs or errors in the Chatbot will be corrected immediately.
- MTN is neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to your use of the Chatbot.
- Users agree
- not to act in a way that risks damaging, deactivating, or overloading the Chatbot s and its infrastructure;
- not to distribute anything containing a computer virus or any code, file or software program intended to interrupt, destroy or limit the functionality of the chatbot or its infrastructure.
- Content and Users shall be removed in case MTN determines in its sole discretion they are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.
- Chatbots are provided “as is” and “as available” with no representations or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. MTN makes no warranties regarding:
- Severability: If any of the provisions of these T&Cs are deemed not enforceable by law, all other provisions outlined in these Terms will still apply.
- Disclaimer: Except as expressly provided herein, MTN shall not be liable to any User for any liability or expenses, damages or injuries suffered as a result or in connection with your use of the Chatbox.
Copyright © 2020 MTN Nigeria Communications Plc.
All rights reserved.