Privacy and Security Policy

Data Privacy and Security Policy for MTN Developer Portal (sandbox version)

This Privacy Policy explains how we use the personal information that MTN collects or generates both in relation to the MTN Developer Portal located at: https://developers.mtn.com or https://developer.mtn.com.

The list below sets out what is covered in this Privacy Policy and you can click on the headings below to go to a specific section.

  1. BACKGROUND
  2. THE PRODUCTS AND SERVICES WE PROVIDE
  3. THE TYPES OF PERSONAL DATA WE COLLECT
  4. HOW WE USE YOUR INFORMATION
  5. DISCLOSURE OF YOUR INFORMATION TO THIRD PARTIES
  6. INTERNATIONAL TRANSFERS OF PERSONAL DATA
  7. HOW WE SAFEGUARD YOUR INFORMATION
  8. HOW LONG WE KEEP YOUR PERSONAL DATA
  9. YOUR RIGHTS
  10. COOKIES
  11. CONTACTING US
  1. BACKGROUND
    1. MTN Group Management Services Proprietary Limited with its registered office at 216, 14 Avenue, Fairland, Roodepoort, Republic of South Africa, 2195 and with company number 2004/006343/07 and other companies in the MTN group collect and use certain Personal Data. MTN is responsible for ensuring that it uses that Personal Data in compliance with data protection laws
    2. At MTN we respect the privacy of our clients and we are committed to keeping all your Personal Data secure. This Privacy Policy governs the handling of Personal Data by MTN in the course of carrying on commercial activities.
    3. We use the following definitions in this Privacy Policy:

      API means an application programming interface.
      Cookie means a small text file that includes a small quantity of information sent to the browser of website Users, by a web server, and stored on the hard disk drive of a computer for purposes of archiving, collecting navigation data for statistical analysis purposes, and offering Users services related to their interests or location.
      Developer or you means any person (including any individual and any business) making use of the MTN Developer Portal in the role of a developer of an API.
      End User means any person making use of the MTN Developer Portal in the role of an user of an API provided in connection with the MTN Developer Portal.
      MTN Developer Portal means the sandbox test environment in which you may register for your applications, websites, product or services you create or offer or other software components to test the MTN APIs.
      MTN, we or us means MTN and other companies of the MTN group.
      Personal Data means any data which relates to a living individual who can be identified from that data or from that data and other information which is in the possession of, or is likely to come into the possession of, MTN (or its representatives or service providers). In addition to factual information, Personal Data includes any expression of opinion about an individual and any indication of the intentions of MTN or any other person in respect of an individual.
      Privacy Policy means this Data Privacy and Security Policy.
      Special Categories of Personal Data means processing Personal Data which reveals racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation shall be prohibited.
  2. THE PRODUCTS AND SERVICES WE PROVIDE
    1. This Privacy Policy concerns only the Personal Data that we collect about you when you make use of the MTN Developer Portal, including in connection with any API which you develop or operate through the MTN Developer Portal.
    2. If you process any personal data of End-Users in connection with any API which you develop or operate through the MTN Developer Portal, you will be solely responsible to provide all necessary disclosures to, and obtain all necessary consents from such End-Users, in each case as required under applicable laws. For example, you will need to establish and publish your own privacy policy to ensure the End-Users are specifically informed about the Personal Data about them that you collect and otherwise process.
  3. THE TYPES OF PERSONAL DATA WE COLLECT
    1. MTN requires certain Personal Data about you in order to make the MTN Developer Portal and related services available to you. You may be unable to access the MTN Developer Portal if such Personal Data are not provided. In relation to your use of the MTN Developer Portal, we will collect and otherwise process the following Personal Data about you:

      1. Information that you provide to MTN

        This includes Personal Data about you that you provide to us and may include (by way of a non-exhaustive list):

        1. basic Personal Data, such as first name, family name, email address and phone number; and
        2. any information that you choose to share on the MTN Developer Portal which falls within the definition of Personal Data.
      2. Information that we collect or generate about you

        This includes Personal Data about you which we generate or collect and may include (by way of non-exhaustive list):

        1. a file with your contact history to be used for enquiry purposes so that we may ensure that you are satisfied with the services which we have provided to you;
        2. information on your use of the MTN Developer Portal, including the number of times you visit a page, your interactions with the page, how long you spend on the site, how long you spend on each page and the what medium of communication you have used to arrive on the MTN Developer Portal; and
        3. activity data relating to the number of APIs registered on the MTN Developer Portal.
      3. Information we obtain from other sources

        This includes Personal Data about you provided to us by third-party service providers, agencies or other publicly available sources where applicable.

      4. Cookies

        When you visit the MTN Developer Portal, cookies are used to collect technical information about the services that you use, and how you use them.

        For more information on the cookies used by MTN please see Section 10 of this Privacy Policy.

      5. Anonymized data

        In addition to the categories of Personal Data described above, MTN may also process further anonymised information and data which cannot be related to a specific individual and will not constitute Personal Data.

  4. HOW WE USE YOUR INFORMATION
    1. Your Personal Data may be stored and processed by us in the following ways and for the following purposes:

      • to set up, authenticate and register you on the MTN Developer Portal, including sending email verification links;
      • to allow you to manage your account on the MTN Developer Portal and to access all functionalities;
      • to allow you to use and access the functionalities provided by the MTN Developer Portal;
      • to send you alerts regarding your usage of the MTN Developer Portal;
      • for ongoing review and improvement of the information provided on the MTN Developer Portal to ensure they are user friendly and to prevent any potential disruptions or cyber-attacks;
      • to conduct analysis required to detect malicious data and understand how this may affect your IT system;
      • for statistical monitoring and analysis of current attacks on devices and systems and for the on-going adaptation of the solutions provided to secure devices and systems against current attacks;
      • to understand feedback on the MTN Developer Portal, MTN services and to help provide more information on the use of such services quickly and easily;
      • to communicate with you in order to provide you with services or information about MTN, the MTN Developer Portal, or other related services;
      • for in-depth threat analysis or for the purposes of protecting our own IT security systems;
      • to understand your needs and interests;
      • for the management and administration of our business;
      • in order to comply with and in order to assess compliance with applicable laws, rules and regulations, and MTN’s internal policies and procedures; or
      • for the administration and maintenance of databases storing Personal Data.
    2. Irrespective of how we process Personal Data we will always make sure that the processing is permitted under applicable data privacy laws. We process Personal Data about you if:

      • we need to do so in order to perform our contractual obligations with you;
      • we have obtained your consent;
      • we have legal and regulatory obligations that we have to discharge;
      • we may need to do so in order to establish, exercise or defend our legal rights or for the purpose of legal proceedings; and/or
      • the use of your Personal Data as described is necessary for our legitimate business interests, such as:

        • allowing us to effectively and efficiently manage and administer the operation of our business;
        • maintaining compliance with internal policies and procedures;
        • monitoring the use of our copyrighted materials;
        • enabling quick and easy access to information for the purposes of providing services on the MTN Developer Portal;
        • offering optimal, up-to-date security solutions for mobile devices and IT systems; and/or
        • obtaining further knowledge of current threats to network security in order to update our security solutions and provide these to the market.
    3. We will take steps to ensure that the Personal Data is accessed only by employees of MTN that have a need to do so for the purposes described in this Privacy Policy.
  5. DISCLOSURE OF YOUR INFORMATION TO THIRD PARTIES
    1. We may share your Personal Data within the MTN group of companies for the purposes described above. However, we will in all cases take steps to ensure that access to Personal Data is restricted to employees of MTN group companies who have a need to do so for the purposes described in this Privacy Policy.
    2. We may also share your Personal Data outside of the MTN group of companies for the following purposes:

      • With third party agents and contractors providing services to MTN

        For example, this could include MTN’s accountants, professional advisors, IT and communications providers. This could also include approved hosts of personal data or providers of payment solutions. These third parties will be subject to appropriate data protection obligations and they will only use your Personal Data as described in this Privacy Policy;

      • To third parties designated by you

        These may be, as the case may be, other Developers and/or End-Users specifically selected by you.

      • 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 (including, without limitation, in order to comply with tax reporting requirements and disclosures to regulators), or to establish, exercise or defend our legal rights.

      • If we sell our business or assets, or if we are acquired by a third party

        In that case we may need to disclose your Personal Data to the prospective buyer for due diligence purposes.

  6. INTERNATIONAL TRANSFERS OF PERSONAL DATA
    1. While we typically store your Personal Data on IT systems located in the EEA, MTN is a global business and our operations are spread around the world. As a result, we collect and transfer Personal Data on a global basis in order to provide services effectively. That means that we may transfer your Personal Data to locations outside of your country, including in some cases to a country outside the EEA.
    2. Where we transfer your Personal Data to another country outside the EEA, we will ensure that it is protected and transferred in a manner consistent with legal requirements. In relation to data being transferred outside the EEA, for example, this may be done in one of the following ways:

      • the country that we send the data to might be approved by the European Commission as offering an adequate level of protection for Personal Data (by way of example, Switzerland and the United States are approved countries);
      • the recipient might have signed up to a contract based on “model contractual clauses” approved by the European Commission, obliging them to protect your Personal Data;
      • the recipient may have adhered to binding corporate rules (only for intragroup transfers);
      • where the recipient is located in the US, it might be a certified member of the EU-US Privacy Shield scheme; or
      • in other circumstances the law may permit us to otherwise transfer your Personal Data outside Europe.
    3. You can obtain more details of the protection given to your Personal Data when it is transferred outside the EEA (including a copy of the standard data protection clauses which we have entered into with recipients of your Personal Data) by contacting us as described in Section 11 below.
  7. HOW WE SAFEGUARD YOUR INFORMATION
    1. We have extensive controls in place to maintain the security of our information and information systems. Developers and client files are protected with safeguards according to the sensitivity of the relevant information. Appropriate controls (such as restricted access) are placed on our computer systems. Physical access to areas where Personal Data is gathered, processed or stored is limited to authorised employees.
    2. As a condition of employment, MTN employees are required to follow all applicable laws and regulations, including in relation to data protection law. MTN does not collect Special Category Personal Data as part of the MTN Developer Platform. In relation to any other MTN products or services, access to sensitive Personal Data is limited to those employees who need to it to perform their roles. Unauthorised use or disclosure of confidential client information by an MTN employee is prohibited and may result in disciplinary measures.
    3. When you contact an MTN employee about your file, you may be asked for some Personal Data. This type of safeguard is designed to ensure that only you, or someone authorised by you, has access to your file.
  8. HOW LONG WE KEEP YOUR PERSONAL DATA
    1. How long we will hold your Personal Data for will vary and will be determined by the following cumulative criteria:

      • The purpose(s) for which we are using it

        MTN will need to keep your Personal Data for as long as is necessary for those purposes. MTN’s standard retention policy is to keep Personal Data for a duration of 24 months after the end of each contractual relationship, unless a longer period may be required for example in case of dispute or for litigation purposes.
      • Legal obligations

        Laws or regulation may set a minimum period for which MTN has to keep your Personal Data.
  9. YOUR RIGHTS
    1. In all the above cases in which we collect, use or store your Personal Data, you may have the following rights, and, in most cases, you can exercise them free of charge. These rights include:

      • the right to obtain information regarding the processing of your Personal Data and access to the Personal Data which we hold about you;
      • the right to withdraw your consent to the processing of your Personal Data at any time. Please note, however, that we may still be entitled to process your Personal Data if we have another legitimate reason for doing so. For example, we may need to retain Personal Data to comply with a legal obligation;
      • in some circumstances, the right to receive some Personal Data in a structured, commonly used and machine-readable format and/or request that we transmit those data to a third party where this is technically feasible. Please note that this right only applies to Personal Data which you have provided directly to MTN;
      • the right to request that we rectify your Personal Data if it is inaccurate or incomplete;
      • the right to request that we erase your Personal Data in certain circumstances. Please note that there may be circumstances where you ask us to erase your Personal Data, but we are legally entitled to retain it;
      • the right to object to, or request that we restrict, our processing of your Personal Data in certain circumstances. Again, there may be circumstances where you object to, or ask us to restrict, our processing of your Personal Data but we are legally entitled to refuse that request; and
      • the right to lodge a complaint with the relevant data protection regulator if you think that any of your rights have been infringed by us.
    2. You can exercise your rights by contacting us using the details listed in Section 11 below.
    3. Further information about your rights may be obtained by contacting the supervisory data protection authority located in your jurisdiction. A list of current members of the European Data Protection Board is available here: https://edpb.europa.eu/about-edpb/board/members_en.
  10. COOKIES
    1. This section on Cookies and the consent that you gave for the use of Cookies apply specifically to each use of the MTN Developer Portal. You gave your consent to the use of Cookies in the cookie banner as described in the Cookie banner and this section.

      MTN tries to keep the information on the Cookies up-to-date but you understand and acknowledge that such information is always a snapshot. Because of the constant innovation of the website, the non-static character of the internet and the third parties involved in the use of Cookies, it is possible that all Cookies and information are not available here.

      To the extent that we collect Personal Data with the use of Cookies we will process them in accordance with this Privacy Policy.

    2. Types of cookies and purposes

      Cookies used on the MTN Developer Portal are used to record information necessary for the proper functioning of the MTN Developer Portal and the services offered to you, the audience measurement, use monitoring and security.

      Cookies are placed by MTN and, if applicable, its business partners, third party agents and contractors (without MTN being held responsible for the placement of Cookies by its partners, third party agents and contractors).

    3. Each time you are identified on the MTN Developer Portal, a Cookie is placed allowing secure identification of the computer or hardware used and your navigation on the MTN Platform. This Cookie allows services to be provided seamlessly and therefore without re-identification. This Cookie is invalidated when the browser is closed or after a period of inactivity on the MTN Platform.

      Deactivation of cookies

      Cookies following visits are kept for a maximum of 12 months from the first visit.

      You have the option to disable the use of cookies by selecting the appropriate settings in his browser. In case of deactivation by you, access and certain features of the MTN Platform may no longer be operational.

      You can configure your browser software so that Cookies are saved in your terminal or rejected, either systematically or according to their issuer.

      You can also configure your browser so that the acceptance or rejection of Cookies are proposed to you punctually, before a Cookie is likely to be registered in his/her terminal.

      For the management of Cookies and related choices, the configuration of each browser is different. It is described in the help menu of your browser, which will allow you to know how to modify your preferences in terms of Cookies.

      The procedures are described in the help menu for the following software:

      If you are accessing the MTN Developer Portal via a mobile device, you should consult the relevant handbook or manual for that mobile device in order to disable cookies.

      If you would like to learn more about cookies in general and how to manage them, please visit aboutcookies.org.

  11. CONTACTING US
    1. For further information regarding the processing of your Personal Data by MTN , this Privacy Policy, questions relating to consent, or in order to exercise the rights mentioned above, please contact our data protection officer using the contact details available on https://developers.mtn.com/support or https://developer.mtn.com/support.
    2. Any written request must be accompanied by a photocopy of an identity (ID) card bearing the signature of the holder. MTN may address request within a period of one (1) month, following receipt of the request, except in exceptional circumstances.