You agree to the processing of Your personal data by Us when You use the Site and Services.
DATA COLLECTION AND MAINTENANCE
Generally, we collect or maintain the following categories of data:
- Customer Registration Data
- Customer Message Recipient Data
- Customer Survey Data
why do we collect this data?
We may use the information We collect and maintain, including any personal data, for the following purposes:
You have provided Your contact information to Us, We may use such information to contact You for marketing and promotional purposes by various means, including regular mail, telephone or SMS .
To process requests and payments, and to communicate with Our Users about their accounts or any requests or payment.
To provide requested Services to our Users. The Services we provide may include certain marketing and promotional Services, including sending or facilitating the delivery of communications on behalf of and at the request of Our Users. In such cases, Our Subscribers/Users are responsible for the content of said communications.
To respond to any inquiry submitted to Us and to provide technical support to You.
DISCLOSING COLLECTED DATA
We do not trade personal data, whether Customer Registration Data or Customer Message Recipient Data, without prior consent from the Subscriber. We may however, disclose the information We collect or maintain, including personal data, without prior consent as described below:
Service Providers.We may disclose the information we collect from You to Our providers, with data storage and network facilities, and SlydePay with payment processing facilities in Ghana, who perform on our behalf: and a live chat representative to assist us with customer service, services to help manage our online advertising, customer relationship management services, internal system monitoring and performance services. These third parties are required to maintain the confidentiality, integrity and accessibility of personal data and are restricted to use such data only as directed by Us under strict confidentiality.
REASONS FOR SENDING YOU EMAILS
If you received one or more marketing or promotional e-mails from Us, it means that a) your e-mail address is on Our list of Subscribers or Users; or b) You have provided Us Your email address for communication. If You have received an email from Us of which You are not the right recipient, please contact us immediately at firstname.lastname@example.org to delete the email.
Subscribers may use Our Services to send commercial messages to recipients who have opted-in to receive such SMS, e-mails or other electronic messages,or with whom Subscribers have a previous relationship authorizing such communication.
OPT OUT FROM RECEIVING SMS, CALLS AND EMAILS
If You wish to opt-out from receiving SMS, telephone calls or e-mails from Us You may do so by emailing Us at email@example.com
SECURITY OF COLLECTED PERSONAL DATA
We use commercially reasonable available means of planned, systematic measures to ensure satisfactory data security with regard to confidentiality, integrity and accessibility in connection with the processing of personal data . Each User has a unique username(phone number) and password that must be entered when logging into the User’s account. No data security measures can guarantee one hundred percentage (100%)security at any time. While We strive to protect Your personal data from unauthorized use or disclosure, We do not warrant the security of the data that You provide to Us.
The security of Your personal data is important to Us. When You enter sensitive/confidential information (such as password) on Our registration Forms, We encrypt that information using “secure socket layer technology” (SSL).
If You have any questions about security on the Site, please email Us at firstname.lastname@example.org
THIRD PARTY WEBSITES
The Site contains links to third party websites. We are however responsible for protecting Users information on third party websites, and this include ONLY the contact number of some Users, who give Us inputs of Our surveys
Cookies: When You enter the Site, our web server sends a cookie to Your computer. Cookies are alphanumeric identifiers that We transfer to Your computer’s hard drive through Your web browser for record-keeping purposes. There are two types of cookies: session-based and persistent cookies. In addition, we may permit certain third parties to place cookies through our Site. We do not link the information we store in cookies to any personally identifiable information you submit while on our Site, other than by linking persistent cookies to our Subscribers.
Session cookies: Session cookies remain on Your computer after You have closed your browser or turned off your computer. We use persistent cookies that only We, or Our service providers, can read and use, to identify the fact that You are or previously have been a Subscriber. We are especially careful about the security and confidentiality of the information stored in persistent cookies. For example, we do not store account numbers or passwords in persistent cookies.
Disabling Cookies: Most web browsers automatically accept cookies, but if You prefer, You can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell You how to prevent Your computer from accepting new cookies, how to have the browser notify You when You receive a new cookie, or how to disable cookies altogether. Site visitors who disable their web browsers’ ability to accept cookies will be able to browse the Site but with a limited user experience.
YOUR ACCESS TO INFORMATION AND OTHER RIGHTS
Access to Your information
You may access and amend any contact information that We have collected from You by logging in to Your User accounts and changing Your account information. In addition, persons may request access to and modification of any personal data We have collected about Your recipients. We will retain Your information for as long as your account is active or as necessary to provide You Services. If You wish to cancel Your account or request that We no longer use Your information to provide you Services, contact Us at email@example.com. We will retain and use Your information only as necessary to comply with Our legal obligations, resolve disputes, and enforce Our agreements.n
Your Other Rights
We are not storing Your Data longer than necessary for fulfilling the terms of the Agreement including Appendices. You have a right to know what personal data we process about You. You have a right to have incomplete, incorrect, unnecessary or outdated personal data on the Site deleted or updated provided You have given Us the right information in this respect. You have a right to request that We stop processing Your personal data for direct marketing or market research purposes. However, withdrawal of Your consent to process Your personal data has no retroactive effect. If You opt-out from marketing and other communications from Us, We may still send You critical alerts pertaining to Our Services or contact You for these purposes. You may exercise Your rights by contacting Us via firstname.lastname@example.org. If You require Us to delete or stop processing Your personal data, the Services and Your access to the Site will be deemed terminated. Please note that We may need to identify You and to request additional information in order to be able to fulfil Your request.
Service Terms & Condition
We offer powerful services at a low price. In exchange We expect Our customers to act with integrity in order to help Us maintain our reputation as a professional service provider. .If You use Our Services to send an unauthorized SMS or e-mail or other electronic message or campaign to a recipient , We may charge You a penalty or any larger amount that may be imposed under applicable law, with a minimum of the actual damages We would likely suffer from any abuse of Our system or violation of the Agreement or the laws that regulate sending out and the content of SMS.
We reserve the right to change any of the terms of the Agreement by posting the revised Agreement on Our Website and/or by sending an e-mail to the last e-mail address You have given Us. Unless the Agreement is terminated by You within ten (10) days, this new Agreement will be effective immediately thereafter with respect to any continued or new use of the Service.
Our Services are intended to be used in business-to-business, consumer-to-consumer and business-to-consumer communications. No person under the age of eighteen (18) years shall have the right to use Our Services. By using Our Services You represent and warrant that You are at least eighteen (18) years of age and that Your use of the Services does not abuse Our system or violate the Agreement. Your uploads may be deleted and Your subscription may be terminated without notice if We have reason to believe that You are under eighteen (18) years of age or abuse or have intention to abuse Our system or violate the Agreement or any law.
Signing up for an account is free. You may use Our Services initially, for free, since 5 SMS credits are dashed out for You to test out. Free subscriptions are hence limited to the use of the Service.The free subscriptions to the Services are provided “as-is” without any warranty.
Our Services are purchased as User subscriptions and provided “as-is”.Only the Users who have signed up are allowed to access the Service(s). Each Registered User will have a unique password, which shall not be shared with any third party.You are responsible for maintaining the confidentiality of any Username(phone number) and of the password provided to You and of any information of Us and of any third party obtained under the Agreement.You are solely responsible for usage of any account provided to You, whether or not the usage is authorized by You.You agree to immediately notify Us of any unauthorized use of any account of Yours and to Order any necessary Service to cover for the actual usage.
PRICES AND PAYMENT
The prices for Our Services are detailed on Our website and may be changed from time-to-time. You agree to pay any sales, use, value-added, or other tax or charge imposed or assessed by any government entity upon the use or receipt of Services. If You select a online bundle, You agree to at all times provide us with valid mobile money or credit card information and authorize us to deduct the agreed charges against such accounts. Any person using a credit card warrants that he or she is authorized to use such credit card.Enterprise and agency subscriptions are invoiced and paid in advance or later. Additional consumption related to enterprise and agency subscriptions beyond the consumption included in the prepayment are invoiced as well. We are required to provide You a refund if We terminate Our Services to You without cause before the end of the term for which You have paid. We retain the right to immediately refuse access to any Service in case the credit requirements are not fulfilled by You.
REFUND OF PAYMENT
All purchases are final and all payments made or accrued are non-refundable. Also, if Your account is terminated due to Your breach of the Agreement, no payment will be refunded. If You want to make a claim that We have charged You in error, you must give notice of claim within 7 days of when We charged You in error, backed with evidence. We reserve the right to refuse a refund request if We reasonably believe (a) that You are trying to unfairly exploit this refund policy, for example, by making repetitive refund requests in respect of the Services; (b) if You are in breach of the Agreement or (c) if We reasonably suspect that You or someone with access to Your User account are using Our Services fraudulently.
EFFECTIVE DATE AND TERMINATION
Either party’s failure to perform its obligations hereunder shall not be deemed a breach of the Agreement if such failure is due to fire, strike, war, civil unrest, governmental regulations, acts of nature, or other causes beyond the reasonable control of the party claiming Force Majeure. This provision shall not apply to Your obligation to pay any sums that are due prior to the Force Majeure event, which shall continue unabated.
THE PARTIES RESPONSIBILITIES
Provide Service to You
provide respectively Our customer and technical support for Service(s) to You at no additional charge and on request.
use commercial efforts to make the Services available twenty-four (24) hours a day, seven (7) days a week, except for: (a) planned downtime, or (b) any unavailability caused by circumstances beyond Our reasonable control.
- provide Service(s) in accordance with applicable laws and governmental regulations only.
- by means of planned, systematic measures ensure satisfactory data security with regard to confidentiality, integrity and accessibility in connection with the processing of Your Data
- not modify or disclose Your Data except as permitted by you.
be responsible for the accuracy, quality and legality of Your Data
use commercially reasonable efforts to prevent unauthorized access to or use of the Service(s), and notify Us promptly of any such unauthorized access or use.
You shall not:
use the Service(s) to store,communicate or otherwise process infringing, or otherwise unlawful or torturous material.
interfere with or disrupt the integrity or performance of the Service(s)
attempt to gain unauthorized access to the Service(s) or their related sites.
- send out unrelated offers or unrelated content to Your contacts or communities.
- violate any data protection and privacy laws and regulations applicable to the countries in which you are sending any form of communications via Our Services.
Responsibilities of creation and distribution of campaigns
You are aware that the Service is provided through automated processes and that the Service content including campaigns are distributed based on Your Data as provided by You. You are therefore exclusively responsible that the created and distributed content and the forms of communication meet all legal requirement in any of the countries You choose to distribute Your campaign and You are exclusively liable of any legal obligations or law not complied with by You or someone under Your responsibility. In case legal obligations or laws are not complied with, You will hold Us harmless for all loss, damages and costs of any kind including reasonable legal fees.
You are aware and acknowledge that:
- capacity problems may occur
- availability problems may occur as the Service is delivered through third party services providers over Internet.
- SMS delivery problems may occur as the success rate of SMS delivery depends on the terms of the mobile operator of the recipient.
INTELLECTUAL PROPERTY RIGHTS
Without prejudice to the limited rights expressly granted under the Agreement, We or Our Licensors shall have all intellectual property rights (IPR) in the Service(s). Any loss caused by infringements by You or by any person under Your responsibility shall be borne by You.
If You, a third party acting on Your behalf, or a User distribute campaigns using the Services, You authorize Us to host, copy, transmit, display and adapt such campaigns and process Your Data solely as necessary for Us to provide the Services in accordance with the Agreement. Subject to the above, We acquire no IPR from You under the Agreement in or to such campaigns or Your Data.
We and You agree to retain in confidence the non-public terms of the Agreement and all other non-public information and know-how disclosed or that becomes known by either party as a result of activities pursuant to the Agreement, which is either designated as proprietary and/or confidential, or by the nature of the circumstances surrounding disclosure, should reasonably be understood to be confidential (“Confidential Information”). Each party agrees to: (a) preserve and protect the confidentiality of the other party’s Confidential Information; (b) refrain from using the other party’s Confidential Information except as contemplated herein; and (c) not disclose such Confidential Information to any third party except to employees, representatives and contractors as is reasonably required under the Agreement. Notwithstanding the foregoing, either party may disclose Confidential Information of the other party which is: (i) already publicly known; (ii) discovered or created by the receiving party without reference to the Confidential Information of the disclosing party, as shown in records of the receiving party; (iii) otherwise known to the receiving party through no wrongful conduct of the receiving party, or (iv) required to be disclosed by law, court order or by any authority of any relevant country.Either party hereto may also disclose any Confidential Information here under to such party’s agents, attorneys and other representatives or any court of competent jurisdiction or any third party empowered here under as reasonably required to resolve any dispute between the parties hereto.
RESTRICTIONS IN USE
SMS NOTIFY GHANA is a communications platform meant for lawful and non-offensive communications. In order to ensure the highest delivery rates possible for all Our customers we do not allow You to send out communications that might jeopardize the deliverability of our entire system. You can therefore not send:
any communications that violate the laws that regulate sending out and the content of bulk and/or marketing communications
sexually explicit communications.
hateful, discriminatory or other in Our reasonable judgment inappropriate communications.