From here, “we”, “our” or “us” refers to Kwesé.
Why we are concerned about your privacy?
- The security and privacy of your personal information is an integral part of the way you interact with us. We collect and process your personal information for the key purpose of being able to provide you with our media services which may change from time to time. What will not change is the lawful and ethical way in which we collect, store, distribute and otherwise process your personal information.
- This policy sets out to explain to you in as simple terminology as possible what personally identifiable information we collect from you, for what specified purpose, how we store it, how we process it, how we share it and how we discard of it should disposal be necessary.
- Please familiarise yourself with this policy and if you have any queries in this regard please direct them in writing to the:
- Information Officer: Kwesé, Block B, 8 Anslow Lane, Bryanston, Gauteng South Africa, 2021
- Via email to the email address: firstname.lastname@example.org
Who is this policy applicable to?
- Any user who interacts with any of our electronic platforms for the purposes of engaging with us as a customer, irrespective of the method you use to interact with us such as Apps, mobile devices, computers, smart phones etc. and irrespective of where in the world you connect to our electronic platforms. Our electronic platforms include our Direct-to-Home decoders, our internet connected IPTV decoders, any of our Apps, websites, point of sale systems, contact centre systems, walk in centre systems, customer service centre systems amongst others.
Your continuing use of any or all of these systems and platforms grants consent for Kwesé to process your information in a legally responsible and ethical manner.
- Any of our employees or designated 3rd parties to whom access is granted and for whom limited sets of information may be available.
- Our platforms where possible and appropriate will only allow authorised use from persons over the age of 16. In circumstances where individuals under the age of 16 are users of our platforms we will use our best efforts to limit the personally identifiable information we collect from such users to protect the rights of minors.
- This policy is applicable to all usage of Kwesé systems and platforms and must be read in conjunction with other agreements, terms and conditions or policies applicable to your use of those systems. For example our various Terms and Conditions which may be found here: http://www.kwese.com/legal or subscriber agreements which you may complete at time of signing up for our services.
What do we need from you to protect your personal information?
- Ensure that any data you provide to us is accurate and up to date. Regularly check to ensure the information we have about you is accurate and up to date.
- Ensure that when you engage with us, you do so on official Kwesé communication channels, systems or platforms.
- Advise us if you suspect we may be processing your information in an unlawful way.
- Where we provide facilities to either opt-in or opt-out of disclosing personally identifiable information make an informed choice about providing your information. Choosing to limit the information you provide may limit our ability to provide you with a tailored world class service and experience.
What do we collect?
- We abide by the principles of minimality and informed consent, therefore we will only collect such information as is necessary for the purposes of servicing your needs. Furthermore, we will endeavour to collect, where possible, information about you directly from you and not from 3rd parties or other sources unless those sources hold information about you in the public interest, for example credit agencies. We also collect either specified personally identifiable information with your informed consent or general personal information as a user of the services or platforms you may access. During your use of our services we may collect the following types of information from you:
- Specified personally identifiable information we may collect when you sign up as a customer:
- Your name,
- Your physical and postal addresses,
- Your email address, phone number or other contact details necessary,
- Your bank account or payment details where required,
- Affordability or other credit risk criteria we may deem necessary if you require any form of credit service from us,
- Identity numbers as necessary.
- Any correspondence between us in which your personally identifiable information is disclosed, such as email correspondence, subscription to services or signing up for product offerings, promotions, special deals et al.
- Other demographic information such as gender, income bands, quality of life indices etc. to allow us to better understand our customers and provide tailored services or experiences which exceed your expectations.
- General personal information we may collect when you use our services or platforms may include:
- Details of the metadata of devices you use to access our services and platforms including but not limited to: IP address, device type, browser type, connection type and quality, operating system and version number, hardware category and information, etc.
- Referring websites, such as search engines, 3rd party service providers.
- Location information, unless specified we will limit the collection of this information to aggregated information that may identify the general area, suburb, province or country from which the information originated.
- Information about your use of our services including but not limited to, log files, traffic patterns, click through, pages visited and links clicked
- Information related to any system crashes, unexpected behaviour, attempted breach or anomalous activity on either the client device or server platform during your use of our systems, platforms or services.
- Other information necessary to allow us to improve the services offered to you and make suggestions to you about content available on our services that may be of interest to you, this may include but is not limited to: usage patterns, viewing history, quality of service, etc.
- Specified personally identifiable information we may collect when you sign up as a customer:
- We may collect information using one of three methods or a combination of all three.
- Either directly from you as a means of signing up for our services via an electronic or paper based form in store or on a services platform, a call centre contact, an electronic or manual registration process or some other process which you initiate.
- From 3rd party service providers who may collect and aggregate your information on behalf of the subscriber and Kwesé; such as credit agencies, payment service providers, marketing and research firms et al.
What do we do with your personal information we have collected?
- We collect your personal information:
- primarily for the purposes of providing services to you via our various websites, platforms, portals and applications.
- for accounting, billing and provision of goods, services or supplying Customer Premises Equipment to you.
- for purposes related to the sale, delivery and provision of goods to you, including payment and other pertinent terms.
- for the purposes of research and development or for developing future product content for our customers.
- for the provision of support and administrative services to you.
- for the sharing of relevant information with you including marketing, advertising and promotional services.
- Unless legislation allows for and has been taken up by you to pre-emptively block any marketing and advertising unless specifically linked to Kwesé products or services you already subscribe to.
- If you advise us at time of subscription that you do not wish to receive marketing or advertising material.
- We will not share your information with 3rd parties for the purposes of marketing or advertising without your express consent.
- for the purposes of complying with any legal and regulatory requirements.
- for conducting any investigation into any possible breach of your privacy or the privacy and security of any of our suppliers or service providers, including but not limited to anti-piracy and anti-identity theft measures.
- We may share all or subsets of the information collected above with designated 3rd parties:
- With 3rd party service providers contracted with us to meet any obligations we have to you for the provision of services. Such 3rd parties have legally binding service agreements with Kwesé to treat your personal information in accordance with the Kwesé security and privacy policies.
- To comply with any legal or regulatory requirement.
- To assist authorities in the investigation of any suspected crime or abuse but only in a way that follows the legally correct judicial process within your country of residence.
- With 3rd party content providers to allow them to tailor products or services to specific markets, countries or locations in which our services are available and only in an anonymised fashion.
- From time to time we may contact you to verify the accuracy of information we have about you to correct or remove any incorrect or obsolete information.
- We will not share any of your personally identifiable information with any 3rd party for any purpose other than those listed above without your specific permission.
How do we store your information?
- Information you share with us is stored in various systems that undergo regular security audits by internal and external security testers.
- Information is stored in secure data centres either under our direct control or in data centres in which we have significant security methods, practices and capabilities which are reviewed and audited regularly.
- Where possible information is stored on systems that have all or a combination of the following Data Governance technologies (which may change from time to time) deployed, in place and actively monitored:
- Privileged Access Monitoring – to monitor the use of privileged accounts to ensure that trusted administrators and personnel do not abuse their access – our privacy principle is “Trust but Verify”.
- Data Access Monitoring – to monitor all access to information and provide input into a monitored Security Incident and Event management platform (SIEM)
- Data Audit and Protection – to monitor compliance to governance rules we have set for ourselves to safeguard your private information.
- Data Masking technologies – to hide or obscure information where suspected breaches or unauthorised accesses may have occurred.
- Encryption technologies to protect information in transit and at rest on our services or platforms
- Instrumenting our various key information systems and repositories into a Security Incident and Event Monitoring platform (SIEM) to proactively identify and react to potential threats to your information.
How long will we keep your information?
- We will store your information in accordance with any legislation or regulation that specifies a minimum period of retention.
- In cases where minimum periods of retention are not specified or legislation or regulations governing information retention are not present we will keep your personally identifiable information for 4 years after you have ceased using any of our services or platforms.
- After 4 years, information will at our sole discretion, either be completely anonymised (all personally identifiable information will be stripped from our systems) to allow us to retain general information for research, development and business performance reasons OR information will be securely destroyed and rendered unusable by electronic and or physical means.
- In cases or countries where maximum periods of retention are defined by law or regulation we will comply fully with the provisions of such legislation.
Changes and updates to this policy
- This policy may change from time to time. When it does we will:
- Place the updated policy on our website under the same URL it was linked to previously.
- Advise you, where practicable and possible, of the update to the policy as well as the specific changes made.
Complaints and complaint resolution
- We will use our best efforts to address your concerns and resolve your complaint, however:
- We may first need to verify your identity and,
- If you act on behalf of one of our subscribers or customers we may need to verify your mandate to act on behalf of our subscriber or customer.
- Each complaint will be assessed on its own merits and if found to be unreasonable or requiring us to make a change which places the privacy of others at risk, or requires us to make unreasonable or impractical changes to our systems or platforms may be declined.
- Should we be unable or unwilling (due to points raised in 28 above) to resolve your complaint within a reasonable timeframe you may refer the complaint for arbitration to the LCIA-MIAC Arbitration Centre (the arbitration centre of the London Court of International Arbitration and the Mauritius International Arbitration Centre Limited), to be finally settled by arbitration in accordance with the UNCITRAL Arbitration Rules (the arbitration rules of the United Nations Commission on International Trade Law) currently in force, as follows:
- The appointing authority shall be the International Chamber of Commerce, acting in accordance with the Rules adopted by the International Chamber of Commerce for this purpose.
- There shall be 1 (one) arbitrator, with the place of arbitration to be Port Louis, Mauritius.
- All arbitral submissions, rulings and proceedings shall be in the English language.
- In making an award, the arbitrator shall in his/her discretion make a decision with regard to the costs of the arbitration including any value added tax, charges and disbursements and fees of a like nature.
- Any award shall be carried out without delay and in accordance with its terms, shall be finally binding on both you and us, and may be entered as a judgment by any court having jurisdiction.
- The parties acknowledge that any award rendered pursuant to this Agreement may be enforced pursuant to the 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
- The parties hereby expressly submit to the jurisdiction of such arbitral tribunal and expressly and irrevocably waives any claim either might otherwise have to immunity from any such action or proceeding, whether characterized as sovereign immunity or otherwise.
Kwesé is a trading name of Econet Media Limited, registered in Mauritius under company registration number 126321 C1/GBL. Our principal address is the 10th Floor, Standard Chartered Tower, 19 Cybercity, Ebene, Mauritius.
Kwesé is a trade mark of Econet Media Limited and/or its affiliates.