Privacy and Data Protection Policy

MTN Nigeria Communication Plc Privacy Notice

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.mtn.ng 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. This Notice incorporates MTN’s Privacy Policy at https://www.mtn.ng/data-privacy-policy

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.

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.
• all MTN suppliers, partners and service providers.
• all MTN Foundation applicants, recipients, and partners
• all Retail agents.

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. We also collect your voice data whenever you call our customers service or perform related activities.

Cookies

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.

MTN will not collect or process Customer and/or User personal or company information without obtaining the Customer and/or user’s Consent. Your Consent is obtained via this Notice, which covers our processing activities on our website, mobile applications, and or other notices sent via USSD, SMS and other channels examples are Pre-paid forms/agreements, Post-paid forms/agreements , Master Services/Reseller Agreements and registrations or signing up of any MTN services and products via any channel, MTN Privacy Policy, and this Privacy Notice.

By accepting to this, You are accepting the terms 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.

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.
  • Review Your application, participation or eligibility in respect of any form of donation, project or program under MTN Foundation.
  • 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.

• 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.

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.

• Erasing your information: You have the right to request that MTN erase your Personal Data if it is no longer valid or necessary for the purposes for which it was collected or if it is incomplete or inaccurate.
• Receiving your information: You have the right to receive your Personal Data in a commonly used and machine-readable format and the right to transmit these data to another Data Controller when the processing is based on (explicit) consent or when the processing is necessary for the performance of a contract.

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 understand 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

In the event of a privacy breach, MTN shall report such breach to the relevant authority and if necessary, affected individuals of personal data breach (where the personal data breach will likely result in high risks to the freedoms and rights of the data subject) within reasonable time of being aware of the breach.

MTN shall take steps to investigate and recover personal data. MTN will also ensure that controls are enhanced to prevent a re-occurrence of the breach.

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.

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 of this Notice and any agreement or consent 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.

MTN may, at any time, change its Privacy policy and this Privacy Notice by posting the amended version on https://www.mtn.ng/. Unless otherwise stated, the current version will apply each time You access this website.

Attention: Data Processing Officer

Address: MTN Nigeria Communications PLC Email address: DPONigeria@mtn.com

Last updated February 2022

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, https://www.mtn.ng/, 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, https://www.mtn.ng/, 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;

“Privacy Policy” shall refer to MTN’s privacy policy which is accessible at https://www.mtn.ng/data-privacy-policy; and

“You/Your” may also be used to refer to a User.

1. 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.
2. Eligibility Criteria:
   1. All Users must indicate consent to and/or sign this T&Cs.
   2. 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.
3. General Terms and Conditions
   1. 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.
   2. By accepting these Terms and Conditions, You:
      1. May only use the Chatbot for the purpose permitted by these T’s & C’s;
      2. Grant MTN the right to use any content that You may submit via the Chatbot as necessary to provide the service to You;
      3. 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;
      4. 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;
      5. are not granted the right to use images, signs, logos, brands or emblems used in the chatbot.
   3. Restrictions
      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.
   4. Users
      1. 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;
      2. 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);
      3. do not acquire the right to copy, distribute, sell or lease parts of the Chatbot;
      4. 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;
      5. do not acquire any intellectual property right or the content accessible on and originating from the Chatbot;
      6. are not entitled to work around any technical limitations of the Chatbot;
      7. are not entitled to modify, reverse engineer or otherwise alter the Chatbot;
      8. are not entitled to use the Chatbot in any way prohibited by law, regulation, governmental order or decree;
      9. 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;
      10. are not entitled to engage in activity that is false or misleading or that is harmful to others (including children), or the Chatbot;
      11. are not entitled to share inappropriate content, advertising, spam, spyware or malware;
      12. 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;
      13. are not entitled to use the Chatbot anywhere other than the Platform where the chatbot has been made available;
      14. are not entitled to remove, modify, or tamper with any notice or link  that is incorporated into the Chatbot;and
      15. are prohibited from degrading or compromising security in any way;
      16. are prohibited from including misleading statements about chatbot functionality, performance, origin or Data use; and
      17. are prohibited from transmitting any viruses or other code that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system or data.
   5. The User takes note of the following:
      1. Users are responsible for maintaining the privacy and security of their account;
      2. 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
      3. 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.
      4. MTN will not be liable for any third party’s data or information provided by User without the third party’s consent or authorisation.
4. Intellectual Property Rights and Licensing
   1. 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.
   2. 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.
5. Privacy
   1. MTN may collect certain Personal Information which is required and appropriate for the Chatbot functional operation, which shall include Your first name and Your MSISDN. By accepting these Terms and Conditions you consent to MTN’s processing, storage and sharing of your Personal Information. All personal information shall be stored, processed and dealt with in line with MTN’s Privacy Policy.
   2. The Personal

The MTN Voice of Customer Platform (the “MTN VoC” or the “Solution”) is a service or platform that allows Customers and Subscribers to engage with MTN.

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 MTN VoC can be engaged which includes WhatsApp, Facebook messenger, https://www.mtn.ng/, MTN App, Telegram, Twitter, Email, SMS, and USSD.

“Terms and Conditions” or “T’’s & C’s” shall refer to the most recent version of this document which contains the terms and conditions guiding the user of the MTN VoC;

“User” means all individuals who interact with the MTN VoC 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;

“Privacy Policy” shall refer to MTN’s privacy policy which is accessible at https://www.mtn.ng/data-privacy-policy; and

“You/Your” may also be used to refer to a User.

1. Except as otherwise provided, the obligations of Parties under this T&Cs shall be for the duration of your use of the MTN VoC 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. 

1. Eligibility Criteria: 
   1. All Users must indicate consent to and/or sign this T&Cs.  
   2. 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 MTN VoC.
2. General Terms and Conditions 
   1. 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.
   2. By accepting these Terms and Conditions, You:
      1. May only use the MTN VoC for the purpose permitted by these T’s & C’s;
      2. Grant MTN the right to use any content that You may submit via the MTN VoC as necessary to provide the service to You;
      3. expressly consents to being sent service communications and administrative messages – to the contact details provided by You upon registration – related to the use of MTN VoC;
      4. consent that the MTN VoC may handle Your Personal Information given by You and that this is absolutely essential for the operation of the functions of the MTN VoC;
      5. are not granted the right to use images, signs, logos, brands or emblems used in the MTN VoC.
   3. Restrictions
      Unauthorized use of the MTN VoC is not permitted, in particular the MTN VoC 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.
   4. Users
      1. are not entitled to change, let, lease, lend, sell, divide or decrypt in whole or in part the MTN VoC or information learnt while using it;
      2. may not carry out any activity that may interfere with the MTN VoC  (or with the servers and networks which convey information during use and/or are connected with the MTN VoC);
      3. do not acquire the right to copy, distribute, sell or lease parts of the MTN VoC;
      4. are not entitled to decrypt the MTN VoC solution or attempt to obtain or otherwise derive source code, trade secrets, or know-how or any portion thereof;
      5. do not acquire any intellectual property right or the content accessible on and originating from the MTN VoC;
      6. are not entitled to work around any technical limitations of the MTN VoC;
      7. are not entitled to modify, reverse engineer or otherwise alter the MTN VoC;
      8. are not entitled to use the MTN VoC in any way prohibited by law, regulation, governmental order or decree;
      9. are prohibited from using the MTN VoC to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
      10. are not entitled to engage in activity that is false or misleading or that is harmful to others (including children), or the MTN VoC;
      11. are not entitled to share inappropriate content, advertising, spam, spyware or malware;
      12. 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;
      13. are not entitled to use the MTN VoC anywhere other than the Platform where the MTN VoC has been made available;
      14. are not entitled to remove, modify, or tamper with any notice or link  that is incorporated into the MTN VoC;and
      15. are prohibited from degrading or compromising security in any way;
      16. are prohibited from including misleading statements about MTN VoC functionality, performance, origin or Data use; and
      17. are prohibited from transmitting any viruses or other code that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system or data.
   5. The User takes note of the following:
      1. Users are responsible for maintaining the privacy and security of their account;
      2. 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
      3. if while You are using the MTN VoC 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 MTN VoC is Users responsibility.
      4. MTN will not be liable for any third party’s data or information provided by User without the third party’s consent or authorisation.
3. Intellectual Property Rights and Licensing
   1. The MTN VoC and all related trademarks, logos, taglines, trade names, copyrights and all intellectual property and features within the MTN VoC 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 MTN VoC in accordance with the T&Cs herein contained.
   2. MTN provides the MTN VoC for non-commercial, non-exclusive, non-transferable, restricted personal use and the MTN VoC 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 MTN VoC. The User may not alter, delete or mask any copyright mark, trademark, patent or similar mark in the MTN VoC, including in downloadable, forwarded, presented or printed parts of the MTN VoC or parts reproduced by any other means. User agrees not to resell, duplicate, reproduce or exploit any part of the MTN VoC unless MTN has provided express written permission to do so.
4. Privacy
   1. MTN may collect certain Personal Information, which is required and appropriate for the MTN VoC functional operation, which shall include Your first name and Your MSISDN. By accepting these Terms and Conditions, you consent to MTN’s processing, storing and sharing of your Personal Information. All personal information shall be stored, processed and dealt with in line with MTN’s Privacy Policy.
   2. The Personal Information collected by MTN shall be used for identifying you as a User of the MTN VoC, for providing the MTN VoC service to you, for statistical purposes, contact purposes, and in any other circumstance within the confine of the law or further to the purpose of MTN’s telecommunication business.  
   3. This clause 5 shall be read in conjunction with MTN’s Privacy Policy which sets out in full how your information shall be processed and also sets out your rights over your personal information.
5. Non-Disclosure and Confidentiality
   1. 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.
   2. 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. 
   3. The provision of this clause 6 shall continue to apply even after Your use of the MTN VoC. 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.
   4. 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.
6. Indemnity:
   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.
7. Governing Law These Terms shall be governed by, subject to, and construed in accordance with the laws of the Federal Republic of Nigeria.
8. Dispute Resolution
   1. 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 MTN and You. 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”.
   2. 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 
   3. agree on the appointment of a mediator within one (1) month, the Parties shall proceed to litigation as stated in clause 9.4 below.
   4. 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 irreMTN VoCably 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.
9. Further Terms
   1. MTN VoCs 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:
      (i) Users’ ability to use the MTN VoC,
      (ii) Users’ satisfaction with the MTN VoC,
      (iii) that the MTN VoC will be available at all times, uninterrupted, and error-free, and
      (iv) that bugs or errors in the MTN VoC will be corrected immediately.
   2. 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 MTN VoC.
   3. Users agree
      (i) not to act in a way that risks damaging, deactivating, or overloading the MTN VoC s and its infrastructure;
      (ii) 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 MTN VoC or its infrastructure.(Iiii) 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

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

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.

5. What do We collect about You?

Through the 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 MTN 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 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 mobile application and are able to better serve You as a result.

Cookies

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

MTN will not collect or process Customer and/or User personal or company information without obtaining the Customer and/or user’s Consent. Your Consent is obtained in terms of a legally binding agreement, which includes the applicable commercial terms and conditions, mobile applications, USSD, SMS terms and conditions and this Privacy Notice. 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.
• 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 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, 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

• Erasing your information You have the right to request that MTN erase your Personal Data if it is no longer valid or necessary for the purposes for which it was collected or if it is incomplete or inaccurate.
• Receiving your information You have the right to receive your Personal Data in a commonly used and machine-readable format and the right to transmit these data to another Data Controller when the processing is based on (explicit) consent or when the processing is necessary for the performance of a contract.

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 understand 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

In the event of a privacy breach, MTN shall report such breach to the relevant authority and if necessary, affected individuals of personal data breach (where the personal data breach will likely result in high risks to the freedoms and rights of the data subject) within reasonable time of being aware of the breach. MTN shall take steps to investigate and recover personal data. MTN will also ensure that controls are enhanced to prevent a re-occurrence of the breach. 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 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

MTN may, at any time, change its Privacy policy and this Privacy Notice by posting the amended version on www.mtnonline.com. Unless otherwise stated, the current version will apply each time You access this website.

13. Contact Details

Attention: Data Processing Officer

Address: MTN Nigeria Communications PLC

Email address: DPONigeria@mtn.com

14. Date of Publishing

Last updated July 2022

1. MTNN’s enhancement to Your privacy

MTNN Nigeria Communications PLC (“MTNN”), a public limited liability company, incorporated in the Federal Republic of Nigeria with registration number 395010 and its principal office at MTNN 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.MTN.ng and all associated websites, mobile applications, products and services.

We have prepared this MTNN Insider 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

3. Acts of Customer?

Internal Customers who are staff of the organisation may only use ppk applications, and services with authorisation from the organisation.

4. Who does this Notice apply to?

This Notice applies to:

• all Internal Customers and Users.

5. What do We collect about You?

Through the ppk app, which You are subscribing to, you may be requested to provide Your Personal vehicle Information

Existing personal information you already provided to MTNN as an employee.

Your information would include but not be limited to name, registered address and vehicle details etc.

Cookies

A cookie is generally a tiny data file that resides on Your mobile phone. 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.

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 application.

6. Consent from You

By accepting to this privacy notice you consented to the use and processing of the personal information you provided via this application and existing information provided to MTNN or its affiliates as an MTNN employee.

7. The use of Your Personal Information

To provide You with the best mobile applications travel services, MTNN will use Your Personal Information to:

• Process your trip request that you make using ppk app, and keep You updated with Your trip progress.
• Process trip, and distance covered and credit the appropriate amount for the trip based on your region
• Provide the relevant travel services to You
• Understand how You use the ppk application, 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 ppk, and services on an anonymous or personal basis
• Prevent and detect fraud, information security and privacy incidents and other crimes, recover debts or trace those who owe Us money.
• Contact You in the event of a query and respond to any questions or concerns You may have about using ppk app and services
• Where Your Personal Information is required other than in respect of the aforementioned, MTNN 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 information

• Maintaining the security of Your Personal Information is important to MTNN. Reasonable security safeguards have been implemented to protect Your Personal Information. MTNN uses various methods to protect Your information such as:
• Encryption methods when transmitting personal information, such as Your vehicle details
• Access to Your Personal Information on mobile applications will be encrypted and/or password protected.
• To protect any data, MTNN regularly audits its systems for possible vulnerabilities and attacks.
• MTNN 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

MTNN will not share Your Personal Information to third parties except where necessary to enhance the provision of our services to You and it will be made with your consent;

MTNN will never publicly disclose any personal and sensitive user data related to financial or payment activities or any government identification numbers.

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 MTNN to perform certain functions (“Third Parties”) may be assessed to ensure that they handle Your information securely. Some of MTNN Third Parties perform the following functions for MTNN:

• Receiving payments, fulfilling orders, 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

These Third Parties have access to Personal Information needed to perform their functions and for purposes clearly defined by MTNN.

MTNN will never allow unauthorized publishing or disclosure of Your contact details to the public.

10. Your Rights as Customer or User

· Erasing Your information

You have the right to request that MTNN erase your Personal Vehicle Data if it is no longer valid or necessary for the purposes for which it was collected or if it is incomplete or inaccurate.

· Receiving your information

You have the right to receive your Personal Data in a commonly used and machine-readable format and the right to transmit these data to another Data Controller when the processing is based on (explicit) consent or when the processing is necessary for the performance of a contract.

10.1 Accessing and Changing Your Vehicle 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, MTNN may, for a time, retain residual information about You in its backup and/or archival copies of its database.

10.2 Direct Marketing

There will be no form of marketing

We do comply with applicable provisions of the laws 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 Vehicle Information provided that Your relationship with MTNN has been appropriately terminated.

10.3.2 MTNN will, however, retain and use Your Personal Vehicle 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 understand that MTNN 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.
• MTNN 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 NDPR.
• 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 MTNN in line any legal obligation or prior to Your withdrawal of consent.

10. 6 Reporting incidents

In the event of a privacy breach, MTNN shall report such breach to the relevant authority and if necessary, affected individuals of personal data breach (where the personal data breach will likely result in high risks to the freedoms and rights of the data subject) within reasonable time of being aware of the breach.

MTNN shall take steps to investigate and recover personal data. MTNN will also ensure that controls are enhanced to prevent a re-occurrence of the breach.

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 MTNN platform via website and/or mobile application or subscription account to MTNN products and services has been compromised.

If You have been contacted by someone via email or SMS about Your mobile applications, products and services account asking for a password, or other personal information.

If You believe Your Personal Information has been used for fraudulent activity.

1. 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 MTNN:

• You must always abide by the terms and conditions of this Notice and any agreement relating to MTNN 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 MTNN and its community of users on MTNN websites and/or mobile applications.
• You must not provide MTNN 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 MTNN 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

MTNN may, at any time, change its Privacy policy and this Privacy Notice by posting the amended version on www.MTNNonline.com. Unless otherwise stated, the current version will apply each time You access this website.

13. Contact Details

Attention: Data Processing Officer

Address: MTNN Nigeria Communications PLC Email address: DPONigeria@MTNN.com

14. Date of Publishing

Last updated December 2022