The website accessible at messaggio.com (the “Website”) is operated by MESSAGGIO LTD, with its corporate seat at office E103, The Hub, Triq Sant Andrija, San Gwann, SGN 1612, Malta, and VAT identification number MT25357323 (also “MESSAGGIO”, “we” or “us”).
Our Services enable our Customers to, among other things, send content (“Messages”) to their mobile subscribers (“Users”) over telecommunications networks (“Communication channels”) using various messaging technologies (“System”).
Where used in this policy, the term “personal information” means any information identifying or describing an identifiable individual, including, but not limited to information relating to their name, age, gender, reproductive status, marital status, national, ethnic or social origin, sexual orientation, physical or mental health, disability, conscience, belief, culture, language and birth of the individual; educational, criminal or employment history of the individual, financial status or information relating to financial transactions in which they have been involved and any identifying number, address or contact information of the individual.
The words and phrases used in this Policy shall bear the same meanings as prescribed in the Terms, unless the context clearly indicates otherwise. In addition, these terms have the following meanings:
3. OUR COMMITMENT TO PRIVACY PROTECTION
We are committed to maintaining the confidentiality, integrity and security of all personal information we collect or process and we will take all reasonable technical and organizational security measures to ensure that where any personal information is provided to us it will be protected against loss, destruction and damage, and against unauthorized or accidental access, processing, erasure, transfer, use, modification, disclosure or other misuse.
We shall not disclose to any person any personal data of a data subject that is processed or hosted by us where any such disclosure would not comply in all respects with the provisions of any applicable data protection legislation or regulations relating to the data subject concerned.
If you have any questions or concerns about our use of your personal information, then please contact us using the contact details provided at the end of Section 6.13.
To the extent we provide you with notice of different or additional privacy policies, those policies will govern such interactions.
4. PRIVACY FOR CUSTOMERS
This section applies to the Customer’s Personal Information we collect and process in relation to our provision of the Services. If you are not a Customer, this section does not apply to you. In this section, “you” and “your” refer to Customers only and potential Customers only, whereby a Customer is defined in the Terms as a legal entity, such as corporation, limited liability company, sole proprietorship firm, or other such establishment which is entitled to perform business activities.
4.1. What personal information we may collect
Personal information we collect may include information in relation to your entity:
4.2. Your commitment to compliance
Your failure to produce a Statement of compliance may cause termination of our Services and any non-compliance is considered a fundamental violation of our Terms and as such a cause for termination of any applicable Service Level Agreement.
4.3. User databases
A Distribution List can be created in a number of ways, including by importing Users, such as through a CSV. We do not, under any circumstances, sell your User database. If someone on your Distribution List complains or contacts us, we might then contact that person. If we detect abusive or illegal behavior related to your User database, we may share your User database or portions of it with affected ISPs or anti-spam organizations to the extent permitted or required by applicable law.
5. PRIVACY FOR USERS
5.1. Information we collect
The Personal Information that we may collect or receive about you broadly falls into the following categories:
(i) Information we receive about you from our Clients: A Client may provide Personal Information about you to us through the Service. When a Client provides their User database they provide us with certain contact information or other Personal Information about you such as your name, email address, address, or telephone number.
(iii) Information we collect from other sources: From time to time, we may obtain information about you from third-party sources, such as social media platforms, and third-party data providers.
This section applies to the information we process about our Clients’ Users as well as the Clients. Our Service is intended for use by our Customers. For purposes of this section, “you” and “your” refer to Users and Customers unless otherwise indicated.
6.1. Use of personal information
We may use the Personal Information we collect or receive in relation to providing the Service (alone or in combination with other data we source) for the purposes and on the legal bases identified below:
6.2. Cookies and Tracking Technologies
6.3. Your Data Protection Rights
Depending on the country in which you reside, you may have the following data protection rights:
We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection law. We may ask you to verify your identity in order to help us respond efficiently to your request. If we receive a request from one of your Users, we will either direct the User to reach out to you, or, if appropriate, we may respond directly to their request.
6.4. Legal Basis for Processing Personal Information (Applies to EEA and UK Persons Only)
If you are located in the EEA or UK, our legal basis for collecting and using the Personal Information described above will depend on the Personal Information concerned and the specific context in which we collect it.
If you are a Customer, we may need the Personal Information to perform a contract with you. In some limited cases, we may also have a legal obligation to collect Personal Information from you. If we ask you to provide Personal Information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your Personal Information is mandatory or not, as well as of the possible consequences if you do not provide your Personal Information.
Where required by law, we will collect Personal Information only where we have your consent to do so.
If you have questions or need further information concerning the legal basis on which we collect and use your Personal Information, please contact us using the contact details provided in the “Questions and Concerns” section below.
6.5. Your Choices and Opt-Outs
You can opt out of receiving marketing messages from us at any time by clicking the “unsubscribe” link at the bottom of our marketing messages.
Also, all opt-out requests can be made by emailing us using the contact details provided in the “Questions and Concerns” section below.
6.6. Our Security
Taking into account relevant developments in technology including telecommunications and messaging services, technical limitations associated with different messaging and telecommunications protocols, the costs of implementation and the nature, scope, context and purposes of Processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, we shall in relation to the Personal Data implement appropriate technical and organizational measures to ensure a level of security appropriate to that risk, including, as appropriate, the measures referred to in Article 32(1) of the GDPR.
In assessing the appropriate level of security, we shall take account in particular of the risks that are presented by Processing, in particular from a Personal Data Breach.
6.7. Data Storage and International Transfers
Our servers and offices are located in the Malta – European Union, so your information may be transferred to, stored, or processed in the EU. We are subject to Maltese Data protection act of April 2018.
If you are a resident of a state or country which is not one of the Member States of the European Union you hereby consent to having your personal information stored and processed in Malta under the applicable Privacy Shield Framework. /p>
6.8. Retention of Data
We retain Personal Information where we have an ongoing legitimate business or legal need to do so. Our retention periods will vary depending on the type of data involved, but, generally, we’ll refer to these criteria in order to determine retention period:
When we have no ongoing legitimate business need to process your Personal Information, we will either delete or anonymize it or, if this is not possible (for example, because your Personal Information has been stored in backup archives), then we will securely store your Personal Information and isolate it from any further processing until deletion is possible.
Note that If MESSAGGIO merges with, or is acquired by, any other business, you acknowledge that your personal information may fall under the control of another person.
6.9. Third party data processing
We may, for the purpose of providing the Services pass and retrieve data, including personal information, between the different software systems and third parties.
Where we make use of third party service providers to help us provide the Services to you, including for the purposes of retrieving or delivering information, records, notifications or other messages to you or any User’s or for hosting or providing any component of our Services, we require such third parties to maintain the confidentiality of any personal information we provide to them for these purposes.
Such third parties may be situated outside of your country and you consent to your personal data and that of any data subjects you provide to us being transferred cross-border so that we can provide the Services to you. In this regard, we engage only with reputed third party service providers who have security and privacy policies and procedures providing at least the same level of protection as we do ourselves. You warrant that you have all necessary permissions to give us the above consent.
We may share data, including Personal Data, collected from Users of our Services with third-party service providers or consultants who require access to that data to perform their work on our behalf for the purpose of helping us deliver our Services. These third party service providers or consultants are limited to only accessing or using this data to provide the services to us and must provide reasonable assurances that they will appropriately safeguard the data. We may also share non-personal or non-identifiable information, including website visitor information and account usage data with third party analytics service providers.
Other examples include analyzing data, hosting data, engaging technical support for our Service, processing payments, and delivering content.
(iii) Any competent law enforcement body, regulatory body, government agency, court or other third party where we believe disclosure is necessary (a) as a matter of applicable law or regulation, (b) to exercise, establish, or defend our legal rights, or (c) to protect your vital interests or those of any other person.
6.10. Communications with You
We may communicate with you by email and other messaging applications. You may opt out from promotional communications from us that are not strictly related to the provision of the Services to you.
6.11. Personal Information of Minors
We do not intentionally collect personal identifiable information from anyone who is a minor. If it is discovered that we have unintentionally collected personally identifiable information from a minor other than for a legitimate purpose associated with the Services, we will delete that information immediately.
6.12. Changes to this Policy
6.13. Questions and Comments