PRIVACY POLICY
Publication Date: 12 January 2024
Introduction
Welcome to the Digicel International Privacy Notice.
At Digicel International, we respect your privacy and we are committed to protecting your personal data and earning your trust. This privacy notice is to give you clarity and transparency on the ways we may use your personal data.
Our goal is for you to understand i) how we look after your personal data when you visit or interact with our Digicel International web application and any related webpages or Android and iOS applications, and ii) your privacy rights and how the law protects you.
This Privacy Notice applies to all interactions with i) our Digicel International and Digicel Call International Android and iOS applications, available only through Google Play and App Store, respectively (collectively referred hereinafter as “Application”); and ii) the Digicel International websites and/or web applications at https://digicelinternational.com; https://topup.digicelgroup.com; and https://sendmoney.digicelgroup.com; along with any related webpages (collectively referred hereinafter as “Website”).
1. Scope of This Notice and Who We Are
Purpose of this Privacy Notice
This Privacy Notice aims to give you information on how Digicel International collects and processes your personal data through your use of our Digicel International Website and Application. This includes but is not limited to any data you may provide through the use of our Website and Application when you register, browse or utilise the features of the Website and Application, including mobile top-up, bill payment, gift card purchase, and remittances; also, when you purchase a product or service, take part in a competition, or get in contact with us via our Website or Application.
Personal data is collected for all users of the Website and Application. We do not knowingly collect data from or about individuals under the legal minimum age without the permission of their parent or guardian. When we do collect that data, we might do it directly, like when you sign up for a service or initiate a transaction. We might also collect it automatically if your child uses the products or services we offer.
Different products and services collect different kinds of data. It is important that you read this Privacy Notice together with any other privacy, customer or regulatory notices we may provide for specific products and services, and on specific occasions when we are collecting or processing personal data about you, so that you are fully aware of how and why we are using your data. This Privacy Notice supplements other notices published by the Digicel Group and is not intended to override them.
Controller
Diaspora Talktime Inc. is the Data Controller of data collected solely via your interaction with the Digicel International Website and Application.
Diaspora Talktime Inc. is a company registered under the laws of Florida with registered offices at 701 Waterford Way, Suite 450, Miami, Florida, 33126, United States of America, and a wholly owned subsidiary of the Digicel Group, duly licensed to use the Digicel brand; and will collectively be referred to as “Digicel”, “we”, “us” or “our” in this privacy notice.
Contact details
We have a Digicel Group Privacy Team (“Privacy Team”) that is responsible for handling all enquiries in relation to this Privacy Notice. If you have any questions about this Privacy Notice, including any requests to exercise your legal rights, you may contact a Privacy Team.
For all queries regarding this Privacy Notice or our privacy practices, please contact the Privacy Team in the following ways:
Full name of legal entity: Diaspora Talktime Inc.
Postal address: 701 Waterford Way, Suite 450, Miami, Florida, 33126, USA
Attn: Group Privacy Team (Legal & Regulatory Department)
Email address: privacy@digicelgroup.com
Depending on the market or territory within which you reside, you may have the right to make a complaint to your regulator of privacy rights or data protection issues. However, before you do so, we would appreciate the chance to deal with your concerns before you approach your regulator, so please contact us in the first instance.
Third-Party Links
Our Website and Application may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites, plug-ins or applications and are not responsible for their privacy statements, software, or other products related to them, including any results obtained from using them. Where necessary, we will provide a notice and link to the third party’s privacy notice. When you leave our Website or Application, we encourage you to read the privacy notice of every other application and website you visit.
Please see further information on Third Parties in the Glossary below.
2. The Data We Collect About You
Personal data, or personal information, means any information about an individual from which that person can be identified. Depending on your country or market, this definition may also extend to personally identifiable information for individuals who have been deceased for less than thirty (30) years.
Personal data shall not be extended to or include any data where identifiable information has been removed (anonymous data) or an individual’s identity is not ascertainable from the data set, whether on its own or combined with other known information.
We may collect, use, store, and transfer different kinds of personal data about you, which we have grouped together as follows:
· Identity Data includes first name; last name; date of birth; gender; and national identification number.
· Contact Data includes billing address; personal email address; work email address; and telephone numbers.
· Financial Data includes payment card details and any other information provided for the provision of payment services, administration, and billing processes.
· Transaction Data includes details about payments to and from you and other details of products, services, plans, and/or subscriptions you have purchased from us.
· Technical Data includes internet protocol (IP) address; your login data; unique device ID; browser type and version; geo-location; website traffic; browser plug-in types and versions; operating system and platform; and other technology on the devices you use to access our Website or Application.
· Profile Data includes your User ID number; password; profile photo; orders and purchases, subscriptions; interests; preferences; feedback and survey responses.
· Usage Data includes information about how you use our Website and Application, such as the page(s) visited before and after visiting the website; traffic data; communication data; the pages accessed within the website; the services, products, or features used the most; the videos that are streamed; the ads that are viewed or clicked.
· Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
· Other Data deemed necessary for any of the purposes noted under Section 4, which may be collected from our Internal and External Third Parties, as defined in the Glossary, with or upon your consent.
We also collect, use, and share Aggregated Data, such as statistical or demographic data, for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific Website or Application feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
We do not intentionally seek to collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offenses.
If you fail to provide personal data:
Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a plan, subscription, product, or service you have with us but we will notify you if this is the case at the time.
3. How is Your Personal Data Collected?
We use different methods to collect data from and about you including through:
· Direct Interactions. You may give us your Identity, Contact, and Financial Data by filling out online forms or by corresponding with us by post, phone, e-mail, or otherwise. This includes personal data you provide when you:
· buy, register, use, or subscribe to our services or products;
· sign-up or create an account on our Website or Application;
· interact with our Website or Application, including making customer enquiries, registering for information or other services; and downloading our Application
· enter a competition, promotion, or survey, provide feedback, or respond to communications from us (such as SMS, emails, and questionnaires); or
· contact us and provide your information via online customer support, customer call centers or our physical Digicel locations.
· Automated Technologies or Interactions. As you interact with our Website and Application, we will automatically collect Technical Data about your equipment, browsing actions, in-app and web activity, and patterns. We collect this personal data by using cookies and other similar technologies. Some of these technologies may also receive Technical Data about you if you visit other websites. Please see our Cookie Notice for further details.
· Third Parties or Publicly Available Sources. To assist us in providing you with the best experience, we may receive and/or share any personal data about you deemed necessary for any of the purposes noted under Section 4. Generally, we receive or share your personal data from and/or with various public sources, and our Internal, External, and Specific Third Parties, as defined in the Glossary, with or upon your consent.
4. How We Use Your Personal Data
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
· Where we need to perform the contract we are about to enter into or have entered into with you.
· Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
· Where we need to comply with a legal obligation.
Please see Section 10 below to find out more about the lawful bases that we will rely on to process your personal data.
Data received solely through text messaging originator opt-in will not be shared with any third parties.
Purposes for which we will use your personal data
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are, where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
Marketing
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
Promotional offers from us
We may use your Identity, Contact, Technical, Usage, and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services, and offers may be relevant for you (we call this marketing).
You will receive marketing communications from us if you have requested information from us or purchased goods or services (including plans and/or subscriptions) from us and you have not opted out of receiving direct marketing communications.
Cookies/ Tracking Technologies
Cookies are small text files placed on a computer, tablet, or smartphone by websites you visit, generally used to make websites function properly.
You can set your browser to refuse all or some browser cookies or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of our Website may become inaccessible or not function properly. For more information about the cookies we use, please see Cookie Notice.
Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
5. Disclosures of your personal data
We may share your personal data with the parties set out below for the purposes set out in Table 1: Purposes for use of your personal data above.
· Internal Third Parties as set out in the Glossary.
· External Third Parties as set out in the Glossary.
· Specific Third Parties as set out in the Glossary.
· Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
6. International transfers
We share your personal data within entities throughout the Digicel Group of Companies.
Whenever we transfer your personal data out of the country of origin, however, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
· We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data.
· Where we use certain service providers, we may use specific contracts that ensure an adequate level of protection through the use of technical and organizational measures.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data internationally.
7. Data Security
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used, or accessed in an unauthorized way, altered, or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors, and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. We also engage well-known technologies including but not limited to firewalls, anti-virus, intrusion detection, SSL (Secure Sockets Layer), routine network vulnerability assessment, and 24x7 monitoring of our network.
Please be aware that although we endeavor to provide reasonable security for the information we process and maintain, no security system can prevent all potential security breaches. In any event, we will notify you and any applicable regulator of a breach where we are legally required to do so.
8. Account Deletion & Data Retention
How long will you use my personal data for?
We will only retain your personal data for as long as reasonably necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting, or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation with respect to our relationship with you.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
Where you have decided to withdraw the consent you have given, we will delete your personal data within thirty (30) days, unless we are required to keep it for the reasons explained herein. We may need to keep a piece of your contact information e.g. email address, in our records, so we know that you have withdrawn your consent and therefore ensure we honor your choice.
Details of retention periods for different aspects of your personal data are available in our retention schedule which you can request from us by contacting us at privacy@digicelgroup.com.
9. Your Legal Rights
In some countries and under certain circumstances, you have rights in relation to your personal data. You may have the right to:
Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request the erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
· If you want us to establish the data's accuracy.
· Where our use of the data is unlawful but you do not want us to erase it.
· Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims. In order to exercise any such legal claim, we may require a court or administrative order, subpoena or other such legal or regulatory proclamation.
· You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
If you wish to exercise any of the rights set out above, please contact the Privacy Team at privacy@digicelgroup.com.
What We May Need From You
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time Limit to Respond
We try to respond to all legitimate requests within sixty (60) days. Occasionally it could take us longer than sixty (60) days if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
10. Glossary
i. LAWFUL BASIS
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Complying with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.
ii. THIRD PARTIES
Internal Third Parties
Other companies in the Digicel Group may act as joint controllers or processors, provide IT and system administration services and/or process personal data through leadership reporting.
External Third Parties
· Service providers acting as processors who provide IT and system administration services.
· Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.
· Relevant regulators and other authorities as required by law (that may act as processors or joint controllers), who may require reporting of processing activities in certain circumstances.
Specific Third Parties
11. Changes to the privacy notice and your duty to inform us of changes
We endeavor to keep our privacy notice under annual review. This version was last updated on 23 November 2023.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.