Privacy policy

Who we are

We are MTN Zakhele Futhi (RF) Limited (“MTN Zakhele Futhi”). We will be collecting and processing your personal information so that we can process your application to apply for shares in MTN Zakhele Futhi, as well as providing you with access to related services and products.

Introduction

We are committed to protecting your privacy and complying with applicable data protection and privacy laws. This privacy policy tells you about our online collection and use of data. The terms of this policy apply to this website (“Site”) and to the services which we offer through it and are further subject to our Terms and Conditions, unless different terms are specified in the prospectus issued by MTN Zakhele Futhi in relation to an invitation to qualifying Black people and Black groups to apply for shares in MTN Zakhele Futhi (the “Prospectus”), or in the relevant application form in relation to such shares annexed to such prospectus (the “Application Form”). A copy of such Prospectus and the Application Form will be made available on, and can be downloaded from, the Site.

Please review this privacy policy before using this Site. If you do not agree with this privacy policy, do not use the Site. By using this Site, you understand and agree to be bound by the terms of this policy.

This Site is operated and administered by Nedbank Limited, its affiliates, subsidiaries and their subsidiaries (“Nedbank”), as the case may be and may be accessed both in South Africa and abroad. For data protection purposes, MTN Zakhele Futhi is the responsible party and data controller.

Core Principles

Your privacy is important to us, so we’ll strive to protect the information you share with us. To protect your privacy, we follow certain basic principles in accordance with global best practices relating to customer privacy and data protection. We won’t sell or give away your name, e-mail address, phone number, address, bank account details or any other personal information to anyone without your express consent and we’ll use industry-standard security measures to protect your information from unauthorised users.

Collection of Your Personal Information

When you visit this Site, certain kinds of information, such as the website that referred you to us, your IP address, browser type and language, and access times, may be collected automatically as part of the Site’s operation. We may also collect navigational information, including information about the pages you view, the links you click, and other actions taken in connection with the Site. If you apply to subscribe to MTN Zakhele Futhi shares, personal information (i.e., any information by which you can be identified and which relates to you as an identifiable individual, such as your name, e-mail address, address, sex, age, bank account details etc.) is collected when you complete the Application Form. We draw your attention to the privacy notice which is contained in clause 15 of the instructions on the Application Form. Additional personal information may be collected if your application to apply for MTN Zakhele Futhi shares is successful. We may require this additional information so that we can process the transaction.

Use of Your Personal Information

We will be collecting and processing your personal information so that we can process your application to apply for shares in MTN Zakhele Futhi.

We collect and use your personal information to operate and improve the Site, to process your transactions and provide the services and information contemplated in the Prospectus, to better understand applicants for MTN Zakhele Futhi shares, to provide better services, and to assist us with Site administration, such as with troubleshooting any problems, detecting fraud, resolving disputes, and for any purposes deemed necessary or required us to enforce the Terms and Conditions and other privacy policy terms or conditions applicable to any portion of the Site.

We may also use your contact information to enable us to communicate with you. We may send transaction-related communications such as updates, reminders and confirmations by Short Messaging Service (“SMS”) or other means. We may also send you newsletters or marketing communications to inform you of new products or services or other information that may be of interest. If you do not wish to receive marketing communications, you should follow the “unsubscribe” instructions included within each communication. Please keep in mind that, if you choose not to receive marketing communications, you will continue to receive communications relating to your application for MTN Zakhele Futhi shares (e.g. updates, reminders and confirmations by SMS or other means), where applicable.

Personal information collected by us may be stored and processed in South Africa or any other country in which we or our service providers or agents maintain facilities, and by using this Site and our services, you consent to any such transfer of information outside of your country.

Notice to European Users

Please note that the information you enter on the Site or otherwise provide to us may be transferred outside of the European Economic Area, for purposes of processing by us in South Africa, or by our authorised partners, located worldwide, including countries which may not offer an equivalent level of protection to that required in the European Union, in order to provide this Site and its services to you. Article 26 of the European Union’s Data Protection Directive allows for transfer of personal data from the European Union to a third country if the individual has unambiguously given his consent to the transfer of personal information, regardless of the third country's level of protection. By agreeing to this privacy policy, you consent to the transfer of all such information to South Africa and other countries which may not offer an equivalent level of protection to that required in the European Union and to the processing of that information as described in this privacy policy.

If you would like to exercise any of your data protection rights (including the right to have your personal information deleted), please contact us using the “Contact Information” section below.

Sharing of Your Personal Information

Except as disclosed in this privacy policy, and the Prospectus and the Application Form, we will not share your personal information with any outside parties.

For the purposes of processing your application to participate in the MTN Zakhele Futhi Offer as contemplated in the Prospectus, your personal information will only be shared strictly for the purposes of facilitating your participation in and implementing the MTN Zakhele Futhi scheme as contemplated in the Prospectus and your subsequent holding of shares in MTN Zakhele Futhi. The sharing of your personal information will take place between Nedbank, MTN Zakhele Futhi, MTN Group Limited, any direct or indirect subsidiary of MTN Group Limited, any central securities depository participants engaged with respect shareholders of MTN Zakhele (RF) Limited, the transfer secretary to MTN Zakhele Futhi, Strate (South Africa's central securities depository) and any other applicable third party (together the “Third Parties” and each a “Third Party”).

We may share your personal information with service providers who perform services on our behalf. For example, we may hire other companies or persons to handle the processing of payments, to provide data storage, to host websites, to assist in direct marketing, to conduct audits, etc. Those companies or persons will be permitted to obtain only the personal information they need to provide the service. They are required to maintain the confidentiality of the information and are prohibited from using it for any other purpose.

While we will treat any information we receive in accordance with this privacy policy, we will not be responsible for the information submitted by you or us to the Third Parties or to any other third party.

Information about our users, including personal information, may be disclosed as part of any merger, acquisition, or sale of the company and/or its assets, as well as in the unlikely event of insolvency, bankruptcy, or receivership, in which case personal information would be transferred as one of the business assets of the company. We may notify you of such an occurrence as described in the “Changes to This Privacy Policy” section below.

We reserve the right to disclose your personal information, without notice, if required to do so by law, or in the good-faith belief that such action is reasonably necessary to comply with legal process, respond to claims, or protect the rights, property or safety of our company, employees, users, or the public.

Security of Your Personal Information

Whilst we cannot guarantee the absolute security of your personal information, we take all commercially reasonable measures and precautions to keep it secure and protect it from loss, misuse, unauthorised access or disclosure by following generally accepted security practices, including the use of encryption and logical and physical access control mechanisms. However, we cannot accept any liability whatsoever for any unauthorised access or loss of personal information despite our commercially reasonable endeavours.

When we contract with third parties, we impose appropriate security, privacy and confidentiality obligations on them to ensure that personal information that we remain responsible for, is kept secure.

Personal Information Preferences

We respect your right to make choices about the use and disclosure of your personal information. If at any time you decide that you do not want to receive marketing communications from us, please let us know by following the instructions and/or procedures set out in the relevant communications received.

If you choose not to receive marketing communications, please be advised that you will continue to receive communications relating to your application for MTN Zakhele Futhi shares (e.g. updates, reminders and confirmations by SMS or other means), where applicable.

Access to Your Personal Information

You can write to us at any time to obtain details of the personal information we may hold about you at the following addresses:

For attention: c/o Nedbank Share Administration

5th Floor, Block D, 135 Rivonia Road, Sandown, Sandton, 2196

telefax no: (011) 294 8018

Please quote your name and address and a brief description of the information you want a copy of to enable us more readily to locate your data. We will take all reasonable steps to confirm your identity before providing you with details of any personal information we may hold about you. We may charge a fee to cover the reasonable administration costs involved.

Correction of your information

You have the right to ask us to update, correct or delete your personal information. You may do this by contacting us at the contact details set out under the heading “Access to Your Personal Information”.

We will take all reasonable steps to confirm your identity before making changes to personal information we may hold about you.

We would appreciate it if you would keep your personal information accurate.

Please update your information by contacting us at the contact details set out under the heading “Access to Your Personal Information” whenever your details change.

Use of Cookies and Other Technologies

MTN Zakhele Futhi may use cookies to enable you to use our services relating to your application for MTN Zakhele Futhi shares and to help personalise your online experience. A cookie is a small text file that is placed on your hard drive. Cookies contain information, including personal information, that can later be read by a Web server in the domain that issued the cookie to you. The information that cookies collect may include the date and time of your visit, your registration information, and your navigational and purchase history.

In some cases, our third-party service providers may use cookies on our Site. We have no access to or control over these cookies. This privacy statement covers the use of cookies by MTN Zakhele Futhi only, and does not cover the use of cookies by third parties.

You have the ability to accept or decline cookies. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, you may not be able to sign in or use other features of our Site and services that depend on cookies.

In addition to cookies, we may use other technologies, including single-pixel images on our Site and in promotional e-mail messages or newsletters. These tiny electronic images assist us in determining how many users have visited certain pages or opened messages or newsletters. We do not use these images to collect personal information.

Registration Data and Account Credentials

During the application process, you will provide your identifying particulars and contact information. It is your responsibility to maintain the confidentiality and security of your account credentials, including any unique application reference numbers issued to you and anypasswords chosen by or issued to you. Allowing others to access and use your account, unique application reference number and/or password can compromise the security of your information. We disclaim any responsibility or obligation for your decision to provide your account credentials to others. Access by means of such credentials will, at all times, be deemed made by you, and you will be responsible for any such access.

Storage of your personal information

We will store your personal information subject to security safeguards that are adequate to ensure the integrity and confidentiality of your personal information , for no longer than is necessary to achieve the purpose for which it was collected, unless further retention is required by law or contractual obligation, or otherwise reasonably required by us for lawful purposes, or retained further with your consent, after which point your personal information will be de-identified/destroyed.

Interactive Areas

The Site may include interactive areas or services, including, without limitation, blogs, discussion forums, chat rooms, bulletin boards, message boards, online hosting or storage services, or other areas or services in which you, registered Site members or third parties create, post or store any information, content, messages, comments, materials or other items on the Site (“Interactive Areas”).

If you use an Interactive Area, you should be aware that these areas are open to the public and any personal information you post or provide at registration may be viewable by others and thereby becomes public information. You should exercise caution when deciding to disclose your personal information in Interactive Areas. If you decide to submit any personal information in connection with the Interactive Areas, that information is exempt from this privacy policy and we are not in any way responsible for such information, nor for how others might use that information, including sending you unsolicited messages. Interactive Area postings may be retained indefinitely.

Surveys

From time to time, we may make online surveys available to users of the Site. Participation in those surveys is voluntary. Some online surveys may ask participants for personal information, such as an e-mail address, in addition to requesting answers to survey questions. We may use that personal information to contact the participant if necessary, or as otherwise described above. We may make the results of any survey publicly available, although we will not attribute any particular response to you without your permission.

Minors

Black minors need to be assisted by their parents or legal guardians, and Black groups must be represented by an authorised representative, in each case in the manner required by the Prospectus and Application Form.

Links

We may link to websites that have different privacy policies and practices from those disclosed here. We assume no responsibility for the policies or practices of such linked sites, and encourage you to become acquainted with them prior to use.

Disclaimers

MTN Zakhele Futhi intends to take commercially reasonable precautions to abide by this privacy policy. Nevertheless, in the event that we do not comply with all terms contained in this privacy policy, you agree, by using this Site and by submitting information to this Site, that your sole and exclusive remedy against MTN Zakhele Futhi will be to have us promptly correct the handling of your information in the future to accord with this privacy policy and to notify anyone to whom MTN Zakhele Futhi directly transferred any information of the correct information or to cease using such information.

To the maximum extent allowed by law, MTN Zakhele Futhi, its subsidiaries, affiliates, and divisions disclaim any other obligation, liability, or warranty to you for any other action, inaction, omission, or other activity that is not in accordance with this privacy policy.

Under no circumstances shall MTN Zakhele Futhi, its subsidiaries, affiliates and divisions, or their suppliers or licensors be liable for any direct, special, incidental, indirect, economic, consequential or punitive damages (including, without limitation, loss of data or loss of use damages or lost profits) arising out of or connected with this privacy policy, or the failure of MTN Zakhele Futhi, its subsidiaries, affiliates and divisions, or their suppliers or licensors to adhere to it, even if MTN Zakhele Futhi, its subsidiaries, affiliates and divisions, or their suppliers or licensors have been notified of the possibility of any damages. This section shall only apply to the maximum extent permitted by applicable law.

MTN Zakhele Futhi does not exclude (i) liability for damage to any property or death or personal injury caused by the negligence or wilful misconduct of MTN Zakhele Futhi, its employees or authorised representatives or (ii) liability for fraud.

Applicable Law and Jurisdiction

This privacy policy is governed by and will be interpreted according to the laws of the Republic of South Africa, and all disputes, claims and other matters in connection with this privacy policy will be determined in accordance with such laws.

Changes to This Privacy Policy

We reserve the right to change the terms of this privacy policy at any time. When we make changes, we will revise the “Last Updated” date at the top of the policy. If there are material changes to this statement or in how we will use your personal information, we will notify you by prominently posting a notice of such changes here or on our home page, or by sending you an e-mail. We encourage you to review this policy whenever you visit our Site.

Contact Information

If you have questions or concerns regarding this privacy policy, or if, for some reason, you believe MTN Zakhele Futhi has not adhered to these principles, please contact the persons set out herein under the “Access to Your Personal Information” section above.