[Last Modified: 25 June 2021]
Who are we?
Datafree Africa Proprietary Limited, a limited liability company incorporated in the Republic of South Africa with registration number 2014/051188/07 (“Datafree“, “we” and “us“) is the owner and administrator of the Moya messenger application (“Moya App“). Datafree also administers the MoyaPayD application, an online wallet account that lets you pay and be paid without any data costs (“MoyaPayD App“). The MoyaPayD App is owned by Datafree’s affiliate, MoyaPayD Proprietary Limited (“MPD“), a limited liability company incorporated in the Republic of South Africa with registration number 2021/515484/07.
What is data protection and data privacy?
Section 14 of the Constitution of the Republic of South Africa provides that everyone has the right to privacy. The right to privacy includes a right to protection against the unlawful collection, retention dissemination and use of your personal information. On 1 July 2021, the Protection of Personal Information Act, 2013 (“POPI Act“) will be of full force and effect. We respect your privacy and we take data privacy seriously. We will only process your Personal Information in accordance with the POPI Act and this Privacy Notice.
What is this Privacy Notice?
This Privacy Notice describes our policies and procedures on the collection, use and disclosure of your Personal Information when you make use of our Moya App and our MoyaPayD App (“Moya Apps“). It further informs you about your privacy rights and how the law protects you.
We may amend or update our Privacy Notice, but we will provide you with notice of these amendments and updates. Your continued use of the Moya Apps and our Services confirm your acceptance of our Privacy Notice. If you do not understand our Privacy Notice, you must stop using the Moya Apps and our Services.
Why do you keep capitalising words?
When we use capitalised terms in this Privacy Notice, it refers to terms defined in the applicable South African data privacy law, the POPI Act. We use these terms to make it easier for you to read and understand this Privacy Notice:
Are my messages private?
We have built privacy, end-to-end encryption and other security features into our Moya Apps. When you use our Moya App, your messages remain private at all times, once they have been delivered we do not store your messages and we can’t read them. Nothing you share on Moya including your messages and account information, will be shared into any of our other family of apps for others to see, and nothing you post on those apps will be shared on the Moya Apps for others to see.
What about marketing?
We do not allow third-party banner ads or other forms of unsolicited advertising in our Moya Apps and Services. We will explore ways for businesses and other organisations such as community groups, public services, celebrities, brands etc. to communicate with you using the Moya App strictly on an opt-in basis. You will have options to manage these communications and we will honour the choices you make. We do not want you to suffer the inconvenience of unsolicited or spam communication.
How do we collect your Personal Information?
We collect your Personal Information and other data directly from you when you sign up and register to use our Moya Apps and we operate and provide our Services, including when you install, access or use the Moya Apps and/or our Services.
You provide the following information to us when you use the following Moya Apps and/or Services:
|DataFree (Moya App)||MPD (MoyaPayD App)|
|Cell phone number only||Name and Surname, photo and identity number and address (to comply with FICA requirements)|
Account Information. When creating your account(s) on the Moya Apps, you provide us with your mobile phone number to create the account. You also provide us with access to the phone numbers in your mobile address book on a regular basis, including those of both the users of our Services and your other contacts to allow you to communicate with your contacts using the Moya App. You confirm you are authorised to provide us such numbers. You may also add other information to your account, such as a profile name, profile picture, and status message.
Your Connections. To help you organise how you communicate with others, we may create a favourites list of your contacts for you, and you can create, join, or get added to groups and broadcast lists, and such groups and lists get associated with your account information.
Customer Support. You may provide us with information related to your use of the Moya Apps and our Services, including copies of your messages, and how to contact you so we can provide you customer support. For example, you may send us an email with information relating to our Moya Apps’ performance or other issues.
Then there is information that we collect:
Usage and Log Information. We collect service-related, diagnostic, and performance information. This includes information about your activity (such as how you use our Moya Apps and Services, and how you interact with others using our Moya Apps and Services), log files, and diagnostic, crash, website, and performance logs and reports.
Device and Connection Information. We collect anonymous device-specific information when you install, access, or use the Moya Apps and our Services. This includes information such as operating system, date and time, browser information, IP address, latitude, longitude, accuracy (GPS), SSID (network), BSSID (network), internal MAC address (network), bundle ID, device model, Device Manufacturer, Carrier Code, Carrier Name, SIM Code, Country, and Locale.
Status Information. We collect information about your online and status message changes on our Services, such as whether you are online (your “online status”), when you last used our Services (your “last seen status”), and when you last updated your status message.
Then we receive information from third parties:
We receive information about you that other people provide us with, which may include information about you. For example, when other users you know use our Services, they may provide your phone number from their mobile address book (just as you may provide theirs), or they may send you a message, send messages to groups to which you belong, or call you using the Moya App. We do not use this information for any other purpose other than to allow you to use the Moya App.
We work with third-party providers to help us operate, provide, improve, understand, customise, support, and market our Services. For example, we work with companies to distribute the Moya Apps, provide our infrastructure, delivery, and other systems, which help us understand how people use the Moya Apps and our Services, and market our Services. These providers may provide us information about you in certain circumstances; for example, app stores may provide us reports to help us diagnose and fix service issues, but we will only exchange your Personal Information in accordance with the POPI Act.
Is my information secure?
We must, in terms of section 19 of the POPI Act, secure the integrity and confidentiality of your Personal Information that is in our possession or under our control, by taking appropriate, reasonable technical and organisational measures to prevent the los off, damage to or unauthorised destruction of your Personal Information and unlawful access to, or Processing of, Personal Information.
Accordingly, we continue to review our security controls and related processes to ensure that your Personal Information in our possession or under our control remains secure
We do not accept any liability for malicious hacking of our database to obtain Personal Information, despite our concerted and diligent efforts to protect said Personal Information database breaches. We will immediately notify you of a breach, as is required by section 22 of the POPI Act.
How do we use your Personal Information?
We use all the information we receive to help us operate, provide, improve, understand, customise, support, and market the Moya Apps and/or our Services.
Safety and Security. We verify accounts and activity and promote safety and security on and off the Moya Apps and our Services, such as by investigating suspicious activity or violations of our Terms and Conditions, and to ensure the Moya Apps and our Services are being used legally.
Communications About Our Services. We communicate with you about our Services and features and let you know about our terms and policies and other important updates. We may provide you marketing for our Services and those of Datafree and MoyaPayD, the owners and/or administrators of the Moya Apps.
When do we share Personal Information?
You share your information as you use and communicate through the Moya Apps and/or our Services, and we share your information to help us operate, provide, improve, understand, customise, support, and market our Services. If we share your Personal Information with any third party, we will only do so in compliance with the POPI Act and we will ensure that anyone to whom we pass your Personal Information agrees to treat your Personal Information with the same level of protection as we are obliged to.
Send Your Information To Those You Choose To Communicate With. You share your information (including messages) as you use and communicate through our Services.
Account Information. Your phone number, profile name and photo, online status and status message, last seen status, and receipts may be available to anyone who uses our Services, although you can configure your Services settings to manage certain information available to other users.
Your Contacts and Others. Users with whom you communicate may store or reshare your information (including your phone number or messages) with others on and off our Services. You can use your Services settings and the block feature in our Services to manage the users of our Services with whom you communicate and certain information you share.
Third-Party Providers. We work with third-party providers to help us operate, provide, improve, understand, customise, support, and market our Services. We also may share anonymous information with third-parties for their business purposes, including the creation of reports, market research and trend analysis. When we share information with third-party providers, we require them to use your information in agreement with our instructions and terms or with express permission from you.
Third-Party Services. When you use third-party services that are integrated with our Services, they may receive information about what you share with them. For example, if you use a data backup service integrated with our Services (such as iCloud or Google Drive), they will receive information about what you share with them. If you interact with a third-party service linked through our Services, you may be providing information directly to such third party. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services.
Affiliated Companies. As part of the Datafree family of companies, the Moya Apps receive information from, and shares information with, this family of companies. We may use the information we receive from them, and they may use the information we share with them, to help operate, provide, improve, understand, customise, support, and market our Services and their offerings. This includes helping improve infrastructure and delivery systems, understanding how our Services or theirs are used, securing systems, and fighting spam, abuse, or infringement activities. We do not transfer your Personal Information out of South Africa.
Legal Reasons. We may collect, use, preserve, and share your Personal Information if we have a reasonable belief and/or grounds pursuant to the POPI Act that it is reasonably necessary to: (a) respond pursuant to applicable law or regulations, to legal process, or to government requests; (b) enforce our Terms and Conditions and any other applicable terms and policies, including for investigations of potential violations; (c) detect, investigate, prevent, and address fraud and other illegal activity, security, or technical issues; or (d) protect the rights, property, and safety of our users, Moya, the Datafree family of companies, or others.
How do I control my information?
Services Settings. You can change your services settings to manage certain information available to other users. You can manage your contacts, groups, and broadcast lists, or use our block feature to manage the users with whom you communicate.
Changing Your Mobile Phone Number, Profile Name and Picture, and Status Message. You must change your mobile phone number using our in-app change number feature and transfer your account to your new mobile phone number. You can also change your profile name, profile picture, and status message at any time.
Deleting Your Moya Account(s). You may delete your Moya Apps account(s) at any time (including if you want to revoke your consent to our use of your information) using our in-app delete my account feature. When you delete your Moya Apps accounts, your undelivered messages are deleted from our servers as well as any of your other information we no longer need to operate and provide our Services. Be aware that should you only delete our Services from your device without using our in-app delete my account feature, your information may be stored with us for a longer period. Please remember that when you delete your account, it does not affect the information other users have relating to you.
You have the right to request a copy of the Personal Information we hold about you. To do this, simply contact us at the numbers / addresses as provided in this Privacy Notice and specify what information you require. This will require positive identification to enable us to verify your identity and it might be subject to a fee, as is contemplated by section 23 of the POPI Act.
Can I get hold of you?
Of course! If you have questions about this Privacy Notice, please contact us.
Physical Address: 2nd Floor, 50 Harrington Street, Zonnebloem, Cape Town, 7925