MTN One TV Privacy Notice and Cookies Statement

MTN (ZAMBIA) LIMITED (“we”, “us” and “our”) are committed to respecting your privacy. This privacy notice describes how we collect, use and process your personal data when you use the MTN One TV application (“MTN One TV”). This privacy notice applies if you download MTN One TV and when you use MTN One TV. Please take the time to read and understand this privacy notice.

We are incorporated and registered in Zambia, and our registered address is at Plot A/255/609 Zambezi Road, Roma, Lusaka]and our company registration number is 119940032692. For notices under this section and this document, please send an email to DataprivacyOffice.zm@mtn.com.

About this privacy notice: We are responsible for ensuring that your personal data is used in compliance with data protection law. Personal data is information which, on its own or in combination with other information, can be used to identify you.

Processing of your personal data: By downloading, installing, accessing and/or using MTN One TV, you agree to the processing of your personal data in terms of this privacy notice. In doing so, you acknowledge that we will use your personal data as and for the purposes set out in this privacy notice. If you want to object to our processing of your personal data at any time or would like us to stop using your personal data for any reason, please contact us at the details above.

If you object to our processing of your personal data, for any reason, we will only continue to use and process your personal data to the extent (and in the manner) permitted by applicable laws.

Personal data that we collect about you

We will only collect the personal data of yours that is adequate, relevant and limited to what is needed in relation to the specific purposes for which we are collecting it, as described in this privacy notice. We will collect and process the following personal data about you:

• Information that you provide to us. This includes information about you that you give us when registering and using MTN One TV, including (but not limited to):
  • your name;
  • your Mobile Station International Subscriber Directory Number (i.e. your mobile number) (your “MSISDN“), which we may obtain from you or which may be provided to us by your mobile network service provider;
  • your email address (if provided);
  • your status on MTN One TV;
  • your alias on MTN One TV;
  • your date of birth;
  • your profile picture and any other information that you include in your profile;
  • your connections and contacts, including both users of MTN One TV and other contacts on your mobile device that you make available to us;
  • your photos, videos and other files on your phone, when you upload these files on MTN One TV;
  • any information when you contact us for customer support or any other queries; and
  • information about any financial transactions you conclude using MTN One TV.

• Information we collect or generate about you. This includes:
  • location information when you use MTN One TV’s location feature or which we may determine on the basis of your MSISDN or internet protocol address or via similar technology;
  • information about your usage and activity on MTN One TV, including (but not limited to) your viewing habits, the frequency at which you use MTN One TV, and the types of content you view. We may obtain this information from service logs and other monitoring systems;
  • device and connection information when you use MTN One TV, including a unique application number and information concerning your device’s operating system, hardware model and settings; and
  • information about your behaviour when using MTN One TV.
• Information we receive from others. This includes:
  • information from third party providers who help us operate and provide MTN One TV. This also includes information from app stores that may supply reports in order to help us diagnose and fix service issues, as well as information provided to us by your mobile network service provider. MTN One TV utilises HTTP Header Enrichment, which is a technology that enables mobile network providers to provide us with certain information about you, including your MSISDN or other information that enables us to identify you.

Uses of your personal data Your personal data may be stored and processed by us in the following ways and for the following purposes:

• service functionality and providing access to and operating MTN One TV;
• to create your account to use MTN One TV and allow your continued use of MTN ONE TV;
• to establish and verify your identity on MTN One TV;
• optimising user experience and improving MTN One TV;
• analysing user behaviour, usage and trends, as well as performing market research;
• for advanced analytics for profiling and market segmentation to provide relevant products and services to you;
• to advertise goods and services to you, including on a targeted basis and to create a marketing profile for future advertisements directed to you;
• operate, administer, maintain, secure and develop MTN One TV and the performance and functionality of MTN One TV;
• to process any charges and/or any other financial activities;
• to third parties, including mobile network operators, in order to optimise our service to you and to better market information to you;
• reporting to the appropriate legal and regulatory authorities;
• managing our relationship with you, including communicating with you and keeping a record of our communications with you and your communications with us;
• informing you about any changes to MTN One TV, changes to the terms of use applicable to MTN One TV, this privacy notice or other changes which are relevant to you;
• diagnose and deal with technical issues and customer support queries and other user queries;
• detect, prevent or deal with actual or alleged fraud, security or the abuse, misuse or unauthorised use of MTN One TV and/or contravention of this privacy notice or the terms of use that apply to MTN One TV; and
• for other purpose relevant to our business activities, provided they are lawful.

The lawful basis for processing your personal data We are allowed to process your personal data, so long as we have a lawful basis to do so (i.e., there is a justification to process your Personal Data in terms of laws applicable to us and/or our policies permit such processing). When we process your personal data, we will rely on one of the following legal basis, as appropriate, having regard to the purpose of processing:

• Performance of a contract: the processing of your personal data is necessary to conclude a contract or perform our obligations under a contract entered into with you.
• Legal obligation: this is when we are required to process your personal data to comply with a legal obligation.
• Our legitimate interests or that of a third party: we will process information about you where it is in our or a third party’s legitimate interest provided these interests are not overridden by your interests and fundamental rights and freedom to data privacy.
• Vital interests of the Data Subject or another natural person: the processing is necessary to protect your vital interests or the vital interests of another natural person.
• Public Interest: the processing is necessary for the performance of a task carried out in the public interest.
• Your consent: in some cases, we will ask you for specific permission to process some of your personal data. This consent may be withdrawn at any time.

Processing of Children’s personal data We will not process your personal data if you are younger than 18 years of age unless we have a lawful basis to so do and one of the following exceptions apply to the processing:

• Your parent/s or guardian/s have given explicit consent to the processing of your personal data for one or more specified purposes.
• Processing is necessary to protect your vital interests.
• Processing relates to personal data which was intentionally made public by you with the consent of your guardian.
• Processing is necessary for the establishment, exercise or defence of legal claims;
• Processing is necessary for reasons of substantial public interest, respect the essence of the right to data protection and provide for suitable and specific measures to safeguard your fundamental rights and interests.
• Processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes provided such processing is proportionate to the aim pursued, the essence of the right to data protection is respected and suitable and specific measures to safeguard your fundamental rights and interests of are provided.

Advertising: We may use your personal data, such as information about your activity, location and interests, to show you advertisements that may be relevant to you. While we may show you relevant advertisements, we will not sell your personal data. We may provide advertisers with reports about the performance of their advertisements to help them understand how users interact with their content, but we will not share information that personally identifies you. You may also see sponsored content or advertisements posted by sponsors who we have a commercial relationship with.

Profiling We may use the personal data we collect or generate about you, such as your location information, information about your usage and activity on, and behaviour when using, MTN One TV to profile you in order to provide products and services that are relevant to you. We do not perform any other automated decision making (including profiling) which results in legal consequences for you and/or which affects you in a similarly significant manner. Should this change in the future, we will notify you and update this privacy notice accordingly.     

Storing your information In order to operate MTN One TV, we may store your personal data in data centres which may be outside your country of residence and where the infrastructure may be owned or operated by our service providers or affiliated companies. Any transfer of your information outside the country of residence shall be done in compliance with the applicable data protection requirements. If the location that personal data is transferred to or where it is stored does not have substantially similar laws which provide for the protection of personal data, we will take reasonably practicable steps to ensure that your personal data is adequately protected in that jurisdiction. You may also choose to store some of your personal data on your own device.

We take reasonable technical and organisational measures to secure the integrity of retained information, using accepted technological standards to prevent unauthorised access to or disclosure of your personal data, and protect your personal data from misuse, loss, alteration or destruction.

Disclosure of your information to third parties

We may share your personal data:

• with our affiliates;
• with third parties, including mobile network operators, for the purposes of optimising our services to you and for increasing the relevance of any advertising that is displayed to you. In this context, we may share your MSISDN, usage information and billing details with third parties;
• with our professional advisors and banks for the purpose of providing services to us;
• where we are required to disclose your identity for regulatory and legal purposes;
• if we sell any of our business or assets, in which case we may disclose your personal data to the prospective buyer for due diligence purposes;
• if we are acquired by a third party, in which case personal data held by us about you will be disclosed to the third party buyer;
• with third party agents or contractors for the purposes of providing services to us;
• to the extent required by law, for example if we are under a duty to disclose your personal data in order to comply – with any legal obligation, establish, exercise or defend our legal rights;
• with advertisers to provide aggregated statistics and insights reports on how users have engaged with their advertisements or sponsored content but we do not share information which personally identifies you. We also confirm which advertisements led you to take an action with an advertiser.
• With analytics partners (aggregated information which does not personally identify you) to provide measurement and analytics reporting;  and
• to governmental agencies, exchanges and other regulatory or self-regulatory bodies if we are required to do so by law or if we reasonably believe that such action is necessary to:
  • comply with the law or with any legal process;
  • protect and defend the rights, property or safety of us, or our customers, employees, contractors, suppliers, service providers, agents or any third party;
  • detect, prevent or deal with actual or alleged fraud, security or technical issues or the abuse, misuse or unauthorised use of MTN One TV and/or contravention of this privacy notice; and/or
  • protect the rights, property or safety of members of the public (if you provide false or deceptive information about yourself or misrepresent yourself as being someone else, we may proactively disclose such information to the appropriate regulatory bodies and/or commercial entities).

Retaining your personal data

We may keep and process some or all of your personal data (even if you delete MTN One TV) if and for as long as:

• we are required or permitted by law or a contract with you to keep it;
• we reasonably need it for lawful purposes related to our functions and activities;
• we reasonably need it for evidentiary purposes; or
• you agree to us keeping it for a specified further period.

Keeping your personal data updated and correct

Where required by law, we take reasonable steps to ensure that your personal data is accurate, complete, not misleading, and up to date. You must let us know if any information we have about you is incorrect, incomplete, misleading or out of date, by notifying us at the contact details set out below or by updating your user account on MTN One TV.

Dormant Accounts: We reserve the right to deactivate dormant profiles and accounts. The reason we do this is to maintain accurate and up-to-date records and to manage our storage and security risks. We rely on the “legitimate interests” ground for lawful processing of personal data under applicable data protection laws to process your personal data in this manner. If you have not used or logged into MTN One TV for a significant period, we will deactivate your profile automatically. We also reserve the right to deactivate accounts where your mobile number or MSISDN is deactivated and recycled as per your network operator rules. Where your profile has been deactivated, all of your content will be deleted and no longer visible. After your profile is deleted, it may take us up to 30 days to remove it from back-up systems. After this period, all content related to your profile will be permanently deleted from our back up systems, unless we are required to retain the personal data as set out in this privacy notice. We may retain analytics data related to your profile (which does not personally identify you) for research, statistical and analytics purposes.

Your rights under the laws of your territory Depending on the territory in which you access MTN One TV, you may have certain rights under applicable data protection legislation in your territory. These rights may include:

• the right to access your personal data or copies of your personal data (in a structured or commonly used format);
• the right to rectify errors in your personal data (which will be done free of charge, unless the request is manifestly unreasonable or excessive);
• the right to request that your data is deleted, erased or forgotten by us;
• the right to the object to our processing of your personal data;
• the right to restrict the processing of your personal data;
• the right not to be subject to a decision based solely on automated Processing;
• the right to personal data portability, requiring us to transmit your personal data to a third party where this is technically feasible;
• the right to withdraw your consent to our processing of your personal data, at any time and we will cease processing your personal data unless there is an alternative legal basis to continue processing your personal data;
• the right to object to the processing of your personal data for direct marketing; and
• the right to make a complaint the data protection authority in your jurisdiction.

Please note that these rights may differ or be subject to certain qualifications under the applicable laws of your jurisdiction.

Contacting us

If you would like further information on the collection or use of your personal data, please address your questions and comments to DataprivacyOffice.zm@mtn.com 

If we need to contact you, for any reason, we may do so via MTN One TV or we may contact you on the mobile number and/or email address (or any other contact details) that you provide to us when registering to the use MTN One TV.

Updates to this privacy notice We may revise this privacy notice at any time. We will give you reasonable notice of any changes to this privacy notice. By continuing to access and use MTN One TV you acknowledge and agree to those changes to this privacy notice. Unless otherwise stated, the current version of this privacy notice will apply each time you access this MTN One TV.

If you do not agree to the changes to this privacy notice, you must end your use of MTN One TV in the way set out in MTN One TV user terms and conditions available at https://www.mtn.zm/terms-conditions-3/