Move APP User Terms and Conditions

Version - 16 January 2024

Privacy Statement - June 2023

Please read the terms and conditions below carefully before you start to use the MTN MOVE App (“App”). If you do not agree to any of the terms below, you must not use the App and, if you have already installed it, you must immediately uninstall it. If you use the App, this will be treated as confirmation that you have read and agree to be bound by all of the terms and conditions below.

Please Note: Please read Clause 20 (Important Provisions) which contains important information on the various terms and conditions in these App User Terms and Conditions which may affect your risks or your rights. We have also highlighted in bold various terms and conditions to which you should pay special attention.

1. Your agreement to these App User Terms and Conditions

   MTN GROUP MANAGEMENT SERVICES PROPRIETARY LIMITED, a company incorporated under the laws of the Republic of South Africa (“we”, “us” and “our”) makes the MTN MOVE application (the “App“) available for use on mobile devices that are supported by us. The App is made available by us to you. These App User Terms and Conditions (the “App Terms“) govern your relationship with us and specify how you are permitted to access and use the App and what you are specifically restricted from doing. These App Terms will apply to you from the moment that you first download, install, access and/or use the App. Similarly, the privacy policy made available on the App Store available at here (the “Privacy Policy“) immediately applies to any and all processing of your personal information from the time you install / download the App. The Privacy Policy forms part of these App Terms.

   We may update these App Terms and/or Privacy Policy from time to time. When we do this, we will post the revised App Terms online and will let the App users know (for example, by showing a message when you log in to the App, or in another way that we decide) that the App Terms and/or Privacy Policy have changed. It is your responsibility to read and understand the updated App Terms and/or Privacy Policy. If you disagree with anything in the updated App Terms and/or Privacy Policy, you must not use the App and, if you have already installed it, you must immediately uninstall it. If you continue to use the App following the update, we will treat this as confirmation that you have read, understood, and agreed to the updated App Terms and/or Privacy Policy (as the case may be).

   We may translate these App Terms into multiple languages. If there are any differences between the English version and any other language version of these App Terms, the English version will be the controlling one (to the extent this is permitted by applicable laws and regulations).



2. Use of the App

   The App is a wellness app, intends to promote physical activity, mental health, mental wellbeing, wellbeing, nutrition or general wellness.

   • The App can be used on a mobile device running certain versions of the Android operating system, from which you can access the internet. We may also issue a version of the App that can be used on certain versions of iOS and/or other operating systems.
   • The App requires an internet connection. You are responsible for paying any charges to your service provider and/or any other third party that may be applicable to your use of data, voice and/or text services when using the App.
   • You may only use the App for your own private, non-commercial use.
   • Currently, you can use the App to access Content which promotes physical activity, mental health, mental wellbeing, wellbeing, nutrition, or general wellness, tracks your physical activity using Google Fit and Apple Health.
   • We may update the App and any information or material on it at any time, but we give no guarantee that such updates will continue to support your mobile device. However, we will have no responsibility to provide any corrections, updates, or releases in connection with the App.
   • The App may not operate or function properly or at all if you have not installed the latest upgrade or are not using the latest version of the App.
   • We may terminate, suspend, withdraw or restrict the availability of all or any part of the App or add, change or remove any features of the App at any time and for any reason. You understand and agree that we may do so without notifying you in advance.
   • We reserve the right to limit our provision of the App in any country at any time, if we consider it appropriate in the circumstances.
   • The App does not provide access to emergency services or emergency services providers, including the police, fire departments or hospitals. You need to make sure you can contact your relevant emergency services providers through your mobile phone, a fixed-line telephone or another service.
   • The App may include features, material and Content that promote physical activity, wellbeing, nutrition or general wellness. They are for informational purposes only and are not intended as medical advice or services or for diagnostic or treatment purposes.
   • The Content, products and services offered herein are here to educate you on health care and medical issues that may affect your daily life. Nothing in the Content, products or services should be considered, or used as a substitute for, medical advice, diagnosis or treatment. This App does not constitute the practice of any medical, nursing or other professional health care advice, diagnosis or treatment. You should always talk to your health care provider for diagnosis and treatment, including your specific medical needs. None of the products or services offered through this App represents or warrants that any particular service or product is safe, appropriate or effective for you. We advise users to always seek the advice of a physician or other qualified health care provider with any questions regarding personal health or medical conditions. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately.


3. Registration and Your Account
   • You must register with us and create an account in order to access and use the App.
   • You may not use the App if you are not an employee of MTN, with valid and active email address.
   • When registering to use the App, you must be an employee of MTN with a valid and active MTN email address.
   • You should not download and use the App on a mobile device that you share with anybody else.
   • You must at all times keep your mobile device safe and prevent its fraudulent use.
   • You are responsible for:
     • keeping access to your App account and the App on your mobile device safe and secure and making sure that it is not accessed by or accessible to others;
     • all activity taking place using the App on your mobile device or through your App account; and
     • making sure information shown or stored on your mobile device (including any Content) is kept secure.
   • If your phone is lost or stolen:
     • you will not be able to access or use the App unless you have another phone, downloaded the App, created a password, logged onto the App using the password and changed your password if required. You may delete your App account in the manner specified in clause 10. Similarly, we may suspend your access to the App, or delete your App account, in the manner specified in clause 10 (or as otherwise contemplated in these App Terms).


4. Content
   • Any information, materials, communications, correspondence and other content that is sent, uploaded, submitted or communicated via the App by us or you or other users of the App (collectively, the “Content“) will be encrypted end-to-end, except when the Content is sent by SMS (such as when you send messages to Users that have not installed the App).
   • Except for user content, all of the Content on our App, including text, software, scripts, code, design, graphics, photos, sounds, applications, interactive features, articles, news stories is owned by Us or third parties we license Content from and is protected by copyright, trademark, patent and other laws. We reserve all rights pertaining to the Content not expressly described in these App Terms and Conditions.
   • Your chat history in the App will be stored locally on your mobile device. You will need internet or data coverage and a stable data or internet connection in order for us to make the back up. We will try to automatically back up your chat history in the “cloud” daily, weekly, or monthly, but we cannot guarantee that this will always be possible. However, we will not be liable for your or anyone's losses resulting from a failed or missed data back-up.
   • MTN is an inclusive, non-discriminatory, transformative, family-oriented brand and will not tolerate any Content that contravenes these principles.
   • You understand and agree that:
     • we will not verify or approve any Content, and we are not responsible for the suitability, accuracy, availability, correctness or completeness of any Content. We reserve the right to review and remove any Content that may be identified by us, or reported to us, as being inappropriate or abusive or in breach of these App Terms;
     • the views and opinions expressed by you and/or any views or opinions expressed by other users of the App or in any Content do not represent our views or opinions; and
     • we are not responsible for, and will have no liability for, any Content which is offensive, or which violates any laws or your rights or the rights of others.
   • You must at all times make sure that you have all necessary rights, licences, consents and permissions prior to sending, submitting, uploading or otherwise communicating any Content via the App. This includes, for example, making sure you have all necessary permissions from others to grant us the rights to use and process Content you provide to us.
   • You must make sure that any Content that you send, submit, upload or otherwise communicate via the App would not in any way:
     • transmit viruses, Trojan horses, malware, ransomware, worms, time bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
     • be unlawful, hateful, abusive, discriminatory, threatening, obscene, explicit offensive, inflammatory, libellous or defamatory; and/or
     • infringe, or encourage or suggest the infringement by others of, applicable laws, regulations or rules (including, for example, the intellectual property rights of anyone).
   • You must report to us any Content or behaviour that is inappropriate or abusive or which you think is not consistent with these App Terms. You can do so by contacting us on admin.mtnmove@mtn.com In the event that you report any Content to us (or should any other user report your Content to us), we will access and review such Content in order to investigate the complaint.
   • We may investigate and/or determine that Content uploaded via the App contravenes these App Terms.
   • We may take any action that we deem necessary where we identify Content or user behaviour that contravenes these App Terms, including, for example, suspending a users’ access to the App or deleting their account. We may also contact and report user behaviour information to law enforcement agencies in accordance with applicable laws. For avoidance of doubt, if prohibited Content is made available, we may elect to disable or remove that Content, in our sole and absolute discretion. We may also elect to engage with the operator of in respect of such Content.


5. Prohibited activities
   • You must not do (or try to do), and you must not encourage or help anyone else do, any of the following:
     • alter, modify or adapt all or any part of the App;
     • transfer or otherwise allow any other person to access or use your account within the App;
     • use the App in a way which breaches any law, rule, order or regulation (whether the violation of law is intended or not) or in a way that contravenes these App Terms or the Privacy Policy;
     • use the App in way that causes, or is likely to cause, the App or access to the App for anyone to be interrupted, damaged or slowed in any way;
     • make the App available to third parties;
     • use the App for commercial purposes;
     • use the App to send bulk messages;
     • use the App to send unsolicited advertising or promotional material for personal or commercial solicitation including, for example, “spam”, “junk mail”, “chain letters” or “pyramid schemes”; and
     • use the App to knowingly send, upload or otherwise communicate any Content that contains viruses, Trojan horses, ransomware, malware, worms, time bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; or
     • use the App in any way not expressly authorised by us.


6. Privacy
   • The Privacy Policy will be made available to you when you access the App and will apply to you from the moment you first download, install, access and/or use the App. The Privacy Policy forms part of these App Terms.
   • In order to register and be able to access and use the App, you will be asked to provide certain personal data (as detailed in the Privacy Policy), such as your name and your Mobile Number.
   • We will only collect and process such phone numbers, contact details and other information to make the App and all of its functionality available to you and only to the extent that this will not put us in violation of any applicable laws or regulations. Where you wish to access, use, upload or send photos, videos or other files on your phone through the App, we will need to access these photos, videos and other files to enable you to use this functionality in the App. We will request your permission to do this.
   • By using the App, you consent to our use of your personal data for the purposes of running competitions on the App and determining the winners, the personal data used for this will consist of your name, email address.
   • By downloading and using the App, you consent to our use of your personal data (including special personal data) for the purposes and in accordance with our Privacy Policy. For more information about how your personal data is used, please see our Privacy Policy, available at the end of this page after the Terms and Conditions section.
   • Security procedures are in place to protect the confidentiality of our data. We use encryption at rest to protect our information.


7. Links to third party websites
   • Links to and from this App to other Websites belonging to or operated by third parties do not constitute an endorsement by MTN of such linked websites or their content nor do they constitute any association by MTN with their owners or operators. MTN has no control over such linked Website and is not responsible or liable for any content, goods or services available on or through any such linked websites or for any damage, damages or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on or through any such linked websites. You agree that where you access linked Websites, you do so entirely at your own risk.
   • Your interaction, correspondence or business dealings with third parties which are referred to or linked to or from this App is entirely at your own risk and are solely between you and such third party including the acquisition, disposal, payment and delivery of any goods or services, and any terms, conditions, warranties or representations associated with such interaction, correspondence or business dealings. You are solely responsible for identifying and familiarising yourself with any terms and conditions which will govern your relationship with such third party. You agree that We shall not be responsible or liable for any damage, damages or loss caused or alleged to be caused by or in connection with your interaction, correspondence or business dealings with such third parties.
   • Integration to Google Fit and Apple Health
     • Our App allows you to integrate with Google Fit and Apple Health. For example, our App can integrate with third-party devices for activity tracking, health services and general wellbeing and other digital services.
     • If you choose to connect your account with Google Fit or Apple Health, your privacy rights will be governed by their respective policies and this data will only be used for the purposes of MTN Move and will not be sold or transferred to third parties, without your explicit consent. For example, if you choose to share your personal data and activity with Google Fit or Apple Health, the policies of those platforms govern the data or personal data that resides there. You must provide your:
       • Consent for the integration to either Apple Health or Google Fit; and
       • Consent to the use of your data for this purpose.
     • Information collected includes:
       • step count; and
       • distance travelled.
     • You may choose to not provide your consent; in which case you will have to upload your personal data manually on the App.
     • More information regarding the Google Fit Data Use Policy, please click here.


8. Charges
   • Your mobile network operator may charge you for standard call and text and/or mobile data charges when accessing and using the App and these charges may vary if you access the App when abroad. You are responsible for these charges and any other fees (including but not limited to any carrier and roaming fees) or taxes in connection with your use of the App.


9. Intellectual property rights
   • We are the owner (or the licensee) of all intellectual property rights in and to the App, and in the material or information published on it (apart from the Content). That material and information includes works protected by copyright laws around the world. You must not (or try to), and will not encourage or help anyone else to, do any of the following:
     • copy or reproduce any part of the App;
     • remove or tamper with any copyright notice attached or contained within the App;
     • copy or reproduce any trademarks, service marks, logos or branding published or displayed in the App; and
     • reverse engineer, decompile, disassemble or decipher the App or otherwise try to get the source code for (or any part of) the App.
   • We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable (if you delete your App account or if we terminate your right to use the App) licence for the limited purpose of using the App on your mobile device, always subject to these App Terms.
   • You grant us a non-exclusive, perpetual, royalty-free, transferable, sublicensable, worldwide, irrevocable and unrestricted licence to use, distribute, reproduce, display, store and copy any information (including any Content) that you create, upload, send, submit, store on or via the App for the following purposes:
     • to provide and operate the App;
     • to comply with any law, rule, order or regulation or the order of any court, enforcement agency or any other authority of competent jurisdiction;
     • to perform our obligations and exercise our rights under these App Terms;
     • to provide any information or request information relating to COVID-19, while providing protection for each user’s right to privacy.
   • You must promptly inform us if you become aware that the Content does or may infringe the rights (including intellectual property rights) of others.


10. Suspension and Termination
    • You can, at any time, delete your account in the App which will terminate your use of the App. Please note that deleting the App from your mobile device will not delete your account.
    • If you delete your App account, this will erase your message history and will immediately remove you from all of your groups within the App once you have deleted your account, we will not be able to restore it, and will no longer be able to access any of the Content associated with it. However, please note that deleting your account will not delete the information other App users retain in relation to you such as copies of messages or other information you have sent them. Additionally, we may also retain copies of certain information, such as log records, in the manner contemplated in the Privacy Policy.
    • Our App may contain links to and from websites, mobile applications or services of third parties, advertisers or affiliates. Please note that we are not responsible for the privacy practices of such other parties and advise you to read the privacy statements of each website which collects personal information, including but not limited to the following links:
      • https://www.microsoft.com/en-us/servicesagreement/
      • https://privacy.microsoft.com/en-us/privacystatement
    • We can, at any time, suspend your use of the App if:
      • in our opinion, there are any security risks or concerns related to your use of the App;
      • we think or suspect, in our opinion, that the App has been used fraudulently or in an unauthorised way, or in breach of these App Terms or the Privacy Policy;
      • there are obligations we have to meet under any laws and regulations;
      • there are operational reasons that require us to suspend your use of the App; or
      • we consider it necessary in the circumstances.
    • We may terminate your right to use the App and/or delete your account with immediate effect and with or without notice:
      • if, in our opinion, you have breached these App Terms and/or the Privacy Policy;
      • if the manufacturer of your mobile device, the provider of your mobile device operating system and/or your mobile network operator no longer supports or permits the use of the App;
      • if we stop supporting the App on your mobile device or the operating system it runs;
      • your actions have created, or are likely to create, harm, risk, or possible legal exposure for us, your mobile network provider or other App users; or
      • whenever we may otherwise consider it necessary in the circumstances.
    • Access to the App may be interrupted or suspended from time to time, including, for example, for maintenance or upgrades. We will generally try to tell you of such interruptions and suspensions in advance. We may notify you by sending you a message when you log in to the App, through in- App messenger, push notifications, or SMS, or in any other way. However, sometimes we will not have the opportunity or time to do that, including, for example, if we need to fix something urgently or if it would comprise our reasonable security measures or if it is unlawful for us to do it.
    • We will not be liable for any losses to you or anyone else which result from any interruption or suspension of the App service, or from you not being aware of it in advance.
    • If your right to use the App has been terminated or you have deleted your profile on the App:
      • these App Terms may no longer apply but any provisions of these App Terms that by their nature should continue to apply after termination of these App Terms will continue to apply. This includes (but is not limited to) all provisions relating to intellectual property (except for your license to use the App, which will end automatically when your right to use the App is terminated or your App account is deleted), liability, indemnities; Privacy Policy (in respect of any of your Personal Information which we continue to hold) and choice of law; and
      • we can disable, reclaim and reuse your account name, user ID and other identifiers you have used in connection with the App.


11. Liability
    • The App is provided “as is” and on an “as available” basis with no representations or guarantees as to performance or functionality. To the fullest extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the App or any information or material on it, whether express or implied, including, for example, fitness for purpose, merchantability, freedom from viruses or other contaminating or destructive properties, availability, loss of data or non-infringement. You understand and agree that:
    • communications sent over the internet are not guaranteed to be completely secure and may be subject to possible interception, monitoring, delay, disruption, loss or alteration; and
    • we are not responsible for, and will have no liability in respect of, any interception or monitoring of communications or Content by third parties, or any delay or failure in transmitting communications or Content, or loss or alteration of any communications or Content sent or submitted via the App.
    • We do not guarantee the suitability, accuracy or completeness of any information or material we publish on the App, and we reserve the right to change it at any time without notice.
    • To the fullest extent permitted by law, our total liability to you for any losses, damages, liabilities, costs, expenses or charges, whether in contract, tort, including negligence, or otherwise in connection with the App and these App Terms will not be greater than USD $50. This means that, in the event that you successfully pursue a claim against us, you will not be able to receive more than USD $50 unless the laws in your country do not allow this.
    • To the fullest extent permitted by law, we will not be liable to you for:
      • any losses, damages, liabilities, costs, expenses (including but not limited to legal fees) or charges (whether arising in contract, tort, including negligence, or otherwise); and/or
      • any indirect, special, incidental or consequential damages or losses, including (but not limited to) loss of revenue, profit, business, reputation, anticipated savings or goodwill, arising from or in connection with:
      • your use or attempted use of the App;
      • your inability to use the App;
      • any failure, interruption, unavailability, delay, defect, error or omission in the App; and/or
      • any other matters arising otherwise in connection with the App or these App Terms, regardless of whether we had been advised of or were aware of the possibility of such losses or damages being incurred.
    • Nothing in these App Terms limits or excludes or limits our liability for fraud or fraudulent misrepresentation, personal injury or death caused by negligence, or any other liability that cannot be limited or excluded by law.
    • This clause 11 (as well as every other term and condition in these App Terms) apply to the fullest extent permitted by applicable laws. You may have additional rights under those laws, which differ or supplement the rights described above. If this is the case, nothing in this clause 11 (or anything else in these App Terms) should be interpreted to mean that you have forfeited these rights, where the law does not allow this.


12. Indemnity
    • You indemnify us against any liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other costs and expenses) suffered or incurred by us as a result of or in connection with:
    • any breach by you of these App Terms; and/or
    • any Content you send, upload, submit or otherwise communicate using the App.
    • You indemnify us against any loss or damage that we may suffer or incur arising from or in connection with any breach by you of our intellectual property rights.


13. Communications
    • We may sometimes contact or notify you (in connection with these App Terms or for other reasons) by showing a message when you log in to the App, through in-App messenger, push notifications, SMS, or in any other way. We will communicate with you in English, and we expect that you will communicate with us in English as well.


14. Abnormal and unforeseen circumstances
    • We are not responsible if we do not comply with any of these App Terms, or if the App malfunctions or does not operate as expected:
      • due to circumstances beyond our reasonable control; or
      • due to our obligations under any laws or regulations.


15. No limitation to your legal rights
    • Nothing in these App Terms will reduce any rights you are entitled to under the law in your country (including any rights under applicable consumer protection regulation).


16. Third Party Rights
    • No person other than you and us will have any to benefit from or enforce any of the provisions of these App Terms.


17. Governing law
    • These App Terms and any dispute or claim (including any non-contractual disputes or claims) arising from or in connection with them, or their subject matter or formation, will be governed by and interpreted in accordance with the laws of the Republic of South Africa.
    • The high courts of South Africa will have exclusive jurisdiction to settle any dispute or claim (including any non-contractual disputes or claims) arising from or in connection with these App Terms or their subject matter or formation.


18. Contact us
    • If you want to contact us for any reason, please email our customer support team at admin.mtnmove@mtn.com


19. Important Provisions


20. Under the laws of certain countries, we are required to point out certain important provisions in these terms and conditions to you. The clauses which contain these important provisions and the reasons why they are important are set out below. It is also very important that you read all of these clauses carefully and not just what we say below.
    • Limitations of risk, legal responsibilities and liability. Clauses 2, 3, 4, 5, 10, 11, 14 are important because they limit and exclude obligations, liabilities and legal responsibilities that we and other persons or entities may otherwise have to you. As a result of these clauses, your rights and remedies against us and these other persons and entities are limited and excluded. These clauses also limit and exclude your right to recover or make claims for losses, damages, liability or harm you or others may suffer.
    • Assumptions of risk, legal responsibilities and liability by you. Clauses 3, 4, 5, 9, 10, 12 are important because you take on risk, legal responsibilities and liability. As a result of these clauses, you may also be responsible for claims and other amounts. You will also be responsible for, and you accept, various risks, damages, harm, and injury which may be suffered by you and others for what is stated in these clauses.
    • Acknowledgements of fact by you. Clause 1 is important because it contains statements which are acknowledgements of fact by you. You will not be able to deny that the statements are true. We may take action against you and may have claims against you as a result of these statements
    • Your indemnification obligations. Clause 12 requires you to indemnify (hold harmless) us and other persons or entities against claims, loss, damages, and harm that that may be suffered by us and other persons or entities as a result of the events set out in these clauses. You also required to indemnify us and other persons and entities against claims for loss, damages, and harm that that may be made by any person or entity as a result of the events set out in these clauses. This places various risks, liabilities, obligations and legal responsibilities on you, and you will be responsible and liable for the payment of the value of the claims, loss, damages, and harm that that may be suffered or claimed.

Clause 20

Employee Privacy Notice

Effective: June 2023

Version: 001

The below Employee Privacy Notice is applicable to MTN Manco. A country specific version of the privacy notice may be applicable as MTN OpCos are required to localize the privacy notice to align with local legislation.

In this notice “MTN”, “we”, “our” and “us” refers to MTN Group Management Services (Pty) Ltd. We are committed to protecting and respecting your privacy. This Employee Privacy Notice describes our commitment to the fair and transparent processing of your Personal Information , including your privacy rights in relation to the Personal Information we Process.

MTN is committed to being transparent with you regarding the collection and Processing of your Personal Information (including Special Personal Information). This is not intended to be an exhaustive list of Personal Information / Special Personal Information that MTN may Process and all potential purposes for Processing. Instead it indicates the typical Personal Information Processed in the employment context and the general purposes of such Processing.

MTN will endeavor to inform you if we intend to Process your Personal Information (including Special Personal Information) for any additional purposes prior to collecting or Processing that Personal Information.

This notice applies to two primary groups of individuals with whom MTN has, had or may in future have an employment relationship with:
• current employees of MTN (whether they are employed on a permanent, temporary or fixed-term contract including interns, secondees and graduates);
• former / past employees of MTN.

(collectively referred to as “MTN Employees” / “you” / “your”).

Where there are differences to the Processing of Personal Information by MTN in respect of current employees compared to former employees, we have made this clear through the use of sub-headings. Where there is no such sub-headings then the Processing applies to both current employees and former employees.

Applicable Data Privacy Law(s)	Data privacy and data protection legislation and regulations applicable to the Processing of Personal Data carried out by MTN , or for or on behalf of MTN , including the Protection of Personal Information Act (Act 4 of 2013) (POPIA) and associated Regulations.
Data Subject	Means an identified or identifiable natural person, including current and former MTN Employees. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. It shall also include any additional persons afforded data privacy rights and protection of Personal Information in terms of Applicable Data Privacy Law(s).
Local Regulatory Requirements	Legal, statutory, regulatory, license conditions rules, guidelines, Ministerial/National Security orders or directives, and Directives relating to Public Safety (where applicable) and Data Sovereignty*-related requirements with which MTN is required to comply by applicable authorities in the jurisdictions in which MTN operates. *Data Sovereignty relates to the laws and governance structures that Personal Data is subject to, due to the geographical location of where it is Processed.
Personal information	Means any information relating to a an identifiable, living natural person, and where it is applicable, an identifiable, existing juristic person. Examples of “Personal Data” includes, but is not limited to, the following: information relating to the race, gender, sex, pregnancy, marital status, nationality, ethnic origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person; information relating to the education or medical, financial, criminal or employment history of the person; any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person; the biometric information of the person; the personal opinions, views or preferences of the person; correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence; the views and opinions of another individual about the person; and the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person.
Personal Information Breach	Means an event or occurrence (including but not limited to a breach of security) leading to the accidental or unlawful destruction, loss or damage, alteration, disclosure of, or access to, Personal Data transmitted, stored or otherwise Processed.
Processing	Any operation or activity or set of operations, whether or not by automatic means, concerning Personal Information including: the collection, receipt, recording, organisation, collation, storage; updating or modification, retrieval, alteration, consultation or use; dissemination by means of transmission, distribution or making available in any other form; or merging, linking, as well as restriction, degradation, erasure or destruction of information.
Special Personal Information	Special Personal Information include: The religious or philosophical beliefs, race or ethnic origin, trade union membership, political persuasion, health or sex life or biometric information of a data subject; criminal behaviour of a data subject of any offence or proceedings in respect of any offence allegedly committed by a data subject or the disposal of such proceedings.

To run our business, MTN collects, uses, and stores Personal Information about MTN Employees.

Current Employees

• Detailed identification information (e.g., name, position, title, office location, business telephone number, date of birth, picture, identity document number, passport numbers and other national ID numbers as required, employment identification number, private email and/or postal address, residential address, and car registration number);
• Electronic identification data (e.g., login information, access rights, badge number, IP address, online identifiers/cookies, logs, and connection time, sound, or image recording such as CCTV, video, voice recordings, and App usage information);
• Personal and physical characteristics (e.g., gender assigned at birth, immigration status, and physical characteristics);
• Family information (e.g., marital status, marriage certificate and number of children);
• Education and employment information (e.g., remuneration, bonus, pension entitlements, insurance and other benefits information, employment dates such as dates of hiring/promotion/position change, performance evaluation, position information such as position title and reference number, attendance information including, where relevant, illness or leaves of absence for medical or other reasons, language skills, and training, education, and development information);
• National registry number, tax identifying number; social security number or local equivalent;
• Signatures (both handwritten and electronic);
• Financial information (e.g., bank account details, professional credit card numbers, tax related information and, where relevant, information relating to account transactions and dealings); and
• Monitoring of company assets and systems (e.g., where relevant, information about how you may use IT systems and hardware, records of phone calls and other Personal Data that may be Processed as a result of the monitoring of the employees carried out in accordance with MTN's relevant and applicable policies);
• Information relevant to the administration of benefits: (e.g., to the extent that you are entitled to medical aid and/or provident fund / pension fund benefits, we will only collect the Personal Data prescribed by the relevant service provider in order to Process your application for these benefits and/or to administer these benefits. The Personal Data required may include, but not limited to, Personal Data of dependents of your medical aid plan and/or beneficiaries of your provident fund / pension fund).

Former employees

MTN continues to store the above information (related to current employees) in respect of former employees, insofar as this information was collected during the former employee’s employment with MTN and subject to MTN’s retention policies and procedures.

In some cases, the Personal Information of MTN Employees that we collect will also include Special Personal Information, such as:
• Diversity related information (including data about citizenship and status of citizenship applications, racial and ethnic origin);
• Religious beliefs and other beliefs of a similar nature;
• Trade union membership;
• Health data (such as medical records, sickness records, vaccination status and disability records);
• Data about alleged or proven criminal offences; and
• Biometric information.

During your employment with MTN, most of the Personal Information will be collected directly from you. However, there are also occasions when it is necessary to collect Personal Information from indirect sources for example, we collect Personal Information from:
• other employees / third parties as part of the performance appraisal process;
• other employees / third parties as part of any disciplinary proceedings;
• whistleblowers who include information about you in their reporting to us; and/or
• a customer who may refer to you in their complaint or compliment correspondence.

MTN is committed to only Process Personal Information for specified, explicit and legitimate purposes related to its business activities. The general purposes for which MTN may Process your Personal Information is explained below.

Current Employees

We Process Personal Information of current employees to inter alia:
• administer, plan and manage our personnel (including task, benefits and absence management, succession planning, staff turnover, transfers and promotions, conducting checks if you move role within MTN, internal workforce analysis and planning, the collection of trade union membership fees, issuing tax declaration forms and filing the related data, and employee participation programmes);
• assist us in managing external providers (e.g., insurance companies, pension funds, medical insurance);
• implement tasks and plan activities in preparation of or under existing contracts;
• perform internal or external training;
• manage our payroll, bonus and compensation schemes, and further bookkeeping obligations;
• manage our HR records and update the MTN personnel databases and where relevant, manage and make available Personal Data within the MTN group of companies;
• carry out performance reviews, satisfaction surveys and other people surveys;
• monitor our employees' activities in the workplace, including compliance with internal policies as well as health and safety rules in place;
• manage our IT resources, including infrastructure management and business continuity;
• manage disciplinary processes;
• receive and handle internal or external complaints, grievances or reports made to MTN in respect of the conduct of employees (for example through a compliance hotline);
• reply to an official request from a public or judicial authority with the necessary authorisation;
• inform employees of internal events and leisure activities;
• send internal communications relevant to employees of MTN;
• comply with any legal obligations imposed on MTN in relation to its people;
• for the health and safety of employees;
• to monitor and evidence compliance with laws and internal policies (e.g. processing declarations made by the employee regarding conflicts of interest or compliance with MTN policies. We also Process your Personal Data to meet MTN's sanction compliance requirements regarding citizenship status);
• promote and market the MTN brand to the public (e.g., publicising photographs taken from events on social media platforms, internal communications and external communications);
• allow qualifying employees the opportunity to participate in pilot programmes for new products or services; and
• to support any merger and acquisition activities (e.g., enable a transfer to a potential buyer, transferee, merger partner or seller and their advisers in connection with an actual or potential transfer or merger of part or all of MTN's business or assets, or any associated rights or interests, or to acquire a business or enter into a merger with it).
• Administer and manage MTN Apps, including registering users, providing access, operating the App, optimizing user experience, analalysing user behaviour and trends, securing the App, diagnosing and dealing with technical issues, running competitions, and managing the relationship with users.

Further to the above, your computer related Personal Information (e.g., username, installed software, IP address, computer name, location etc.) is used for the purposes of tracking and managing computing assets such as software licensing and hardware systems, installation of additional software applications, etc. to the extent necessary for the purposes below:
• intrusion detection, system protection, monitoring and logging;
• providing helpdesk services, including error reports and treatments as well as Processing IT related issues and problems; and
• preventing unauthorised third parties from accessing our sites.

Former Employees

Generally, we do not actively Process the Personal Information of former employees but do store former employees Personal Information in accordance with our retention policies and/or to comply with the retention periods prescribed in terms of Local Regulatory Requirements and Applicable Data Privacy Law(s) that apply to MTN.

There may be circumstances which require us to actively Process Personal Information of former employees for example:
• to support a third party with verification of employment at MTN (e.g., when requested to confirm whether an employee was employed at MTN and to provide factual information in respect of such employment);
• to manage any outstanding payroll, bonus and compensation schemes, and further bookkeeping obligations;
• to manage any pending and/or on-going disciplinary action or litigation proceedings in any forum;
• to handle internal or external complaints, grievances or reports made to MTN in respect of the conduct of former employees (for example through a compliance hotline);
• to reply to an official request from a public or judicial authority with the necessary authorisation; and
• to comply with any legal obligations imposed on MTN in relation to former employees.

MTN will not further Process Personal Information for any purpose that is incompatible with the original purpose that the Personal Information was collected for unless:
• such further Processing is authorised in terms of Applicable Data Privacy Laws;
• we have obtained your consent to the further Processing;
• the further Processing is necessary to comply with an obligation imposed by Local Regulatory Requirements or for conducting proceedings in a court or tribunal; or
• it is for scientific or historical research purposes or statistical purposes.

We are allowed to Process Personal Information, so long as we have a legal basis to do so. When we Process your Personal Information, we will rely on one of the following legal bases as appropriate having regard to the purpose of Processing:

Legal Basis	Examples
Processing of Personal Information is necessary for the performance of a contract which you are a party to or in order to carry out actions necessary for the conclusion of a contract to which you are a party.	Managing external providers (e.g., insurance companies, pension funds, medical insurance) in terms of the employment contract. Managing the payment of your remuneration and other agreed benefits.
Processing of Personal Information is necessary in order to comply with legal obligations, such as Local Regulatory Requirements, to which MTN is subject to.	Replying to an official request from a public or judicial authority with the necessary authorization. Comply with any legal obligations imposed on MTN in relation to its people (including tax and employment laws).
Processing is necessary for pursuing the legitimate business interests of MTN or of a Third Party to whom the information is supplied, except where such interests are overridden by your interests or fundamental rights and freedoms which require protection of Personal Information.	Preventing fraud or criminal activity and to safeguard our IT systems, assets, and places of work. Meeting our corporate and social responsibility obligations. Monitoring our employees' activities in the workplace, including compliance with internal policies as well as health and safety rules in place. To benefit from cost effective services (e.g., we may opt to use certain IT platforms offered by suppliers) or share basic Personal Information with another MTN group entity if you transfer to that entity, for use by that entity in conducting legally required background checks without collecting the information from you again). Providing a centralised, approach to the provision of IT services to our employees, and enable staff working for entities within the MTN group to interact with one another.
Processing of Personal Information is necessary in order to protect your legitimate interests.	For the health and safety of MTN Employees including to support the administration of emergency lifesaving medicine.
You have given consent to the Processing of your Personal Information for one or more specific purposes. You may withdraw such consent at any time.	We will only Process your Personal Information in this way if you agree to us doing so. For example, we request your consent to Process your Personal Information for recruitment purposes. We will ensure the purpose for Processing your Personal Information is clearly communicated at the time that we request your consent so that you can make an informed decision. We will also provide you with any other relevant information you require to make an informed decision.

When we Process your Special Personal Information , we will rely on one of the following legal bases as appropriate having regard to the purpose of Processing:
• You have given explicit consent to the Processing of your Special Personal Information for one or more specified purposes. You may withdraw such consent at any time;
• The Processing is necessary for the establishment, exercise or defence of a right or obligation in law;
• The Processing is necessary to comply with an obligation of international public law;
• Processing is necessary for scientific or historical research purposes or statistical purposes to the extent that a) the purpose of such Processing serves a public interest and is necessary for the purpose concerned or b) it appears to be impossible or would involve disproportionate effort to ask for consent, and sufficient guarantees are provided to ensure that the processing does not adversely affect your individual privacy to a disproportionate extent.
• The information public has deliberately been made public by you;
• Where the provisions of S28 to S33 of POPIA, as the case may be, are complied with.

Current Employees

There will be limited circumstances where we seek your consent to collect your Personal Information whilst employed at MTN. In these circumstances, the provision of your Personal Information is completely voluntary. For example, you may voluntarily choose whether or not to participate in MTN competitions, pilot programmes for new services / products, share your dietary preferences for catering purposes or be filmed or photographed as part of MTN’s campaigns or events.

MTN will indicate to you, at the time of collection, whether the provision of the Personal Information is mandatory either in its forms, written or verbal correspondence. When the provision of Personal Information is mandatory you are obliged to provide your Personal Information to us, and we have established a lawful basis to collect that Personal Information from you. If you do not provide your Personal Information to us, we may either not be able to conduct the employment with you or, at least, you may be prejudiced when participating in certain processes such as performance feedback or career development.

Past Employees

It is voluntary for past employees to provide their Personal Information once their employment with MTN has concluded (for example in circumstances that past employees would like to participate in surveys or join the MTN Allumni).

MTN does not perform any automated decision making (including profiling) which results in legal consequences for you and/or which affects you in a similarly significant manner. Should this change in the future, we will notify you and update this privacy notice accordingly.

We make reasonable efforts to retain Personal Information only for so long as:
• the Personal Information is necessary to comply with our obligations to you in terms of our employment contract, policies and procedures; and/or
• is necessary to comply with legal, regulatory, or internal policy requirements that may apply.

The retention of MTN Employee records will be in accordance with our retention policies and retention schedule which is available to current employees on the All MTN Group Departments (Sharepoint.com) or Y'elloVerse\OurPolicies\AllMTNGroupPolicies. These policies or relevant extracts may be requested by former employees by contacting GroupDataPrivacy@mtn.com.

Yes, we may share Personal Information with third parties, as necessary for our legitimate business needs, to carry out your requests, and/or as required or permitted by Local Regulatory Requirements and Applicable Data Privacy Law(s). This may include, but not limited to:
• Our service providers: We transfer your Personal Information to our third-party service providers, such as our (IT) systems providers, our hosting providers, our payroll providers, consultants (such as legal advisers) and other goods and services providers. These providers Process your Personal Information on behalf of MTN in terms of a binding agreement with appropriate security safeguards. MTN will only transfer Personal Information to them when they meet our strict standards on the Processing of data and security. We only share Personal Information that allows our service providers to provide their services and they are not allowed to Process your Personal Information for any other purpose.
• If we are reorganized or sold to another organisation: MTN will typically also disclose Personal Information in connection with the sale, assignment, or other transfer of the business to which the data relates.
• Courts, tribunals, law enforcement, or regulatory bodies: MTN will disclose Personal Information in order to respond to requests of courts, tribunals, government, or law enforcement agencies or where it is necessary or prudent to comply with Local Regulatory Requirements, court or tribunal orders or rules, or government regulations.
• Audits: disclosures of Personal Information will also be needed by our auditors including to perform financial audits, data privacy or security audits and/or to investigate or respond to a complaint or security threat.
• Insurers: our business requirements mean that we carry significant insurance cover in respect of business activities. There are several different participants in the insurance market (e.g., brokers, insurers, and reinsurers, as well as their professional advisors and other third parties involved should there be a claim). Some of these insurance market participants will require that we disclose Personal Information about you to them. The information will be used by the insurance market participants in the underwriting and ongoing administration of the insurance products, where there is a claim that you are relevant to and to allow the insurance market participants to comply with their legal and regulatory obligations. Some of these insurance market participants will handle this information on our behalf (like our service providers described above), but others will want to Process information about you independent of us.

Yes, MTN may transfer Personal Information outside of South Africa but only if such transfers are permitted in terms of Local Regulatory Requirements / Applicable Data Privacy Law(s).

MTN may transfer your Personal Information to other entities within the MTN group of companies. All MTN entities are bound by binding corporate rules which ensures that the MTN entity receiving your Personal Information protects your Personal Information in accordance with those binding corporate rules.

MTN may also transfer certain Personal Information outside of South Africa to third parties working with us or on our behalf for the purposes described in this Employee Privacy Notice. When transferring Personal Information internationally to third parties we will ensure your Personal Information will continue to be protected for example, by entering into binding data transfer agreements or by ensuring there are adequate data privacy laws, which requires the relevant third party to adhere to the data handling and data protection requirements, acceptable to MTN.

MTN secures the integrity and confidentiality of the Personal Information in its possession or under its control by implementing appropriate, reasonable technical, physical, and organisational measures to prevent:
• accidental loss of, damage to, or unauthorised destruction of your Personal Information;
• unlawful or unauthorised access to / dissemination of your Personal Information; and
• unlawful or unauthorised Processing of your Personal Information.

As part of its processes, MTN takes reasonable measures to regularly identify and assess all reasonably foreseeable internal and external risks to Personal Information in its possession or under its control and implements reasonable and appropriate technical, physical and organisational security measures to protect against the identified risks.

While MTN implements reasonable measures to prevent or reduce the likelihood and impact of Personal Information Breaches, this risk can’t be completely eliminated. If MTN becomes aware of or reasonably suspects a Personal Information Breach has occurred or that the integrity or confidentiality of Personal Information has been compromised, MTN adheres to its Personal Data Breach Incident Management and Notification Guidelines governing the handling and reporting of Personal Information Breaches. This guideline is available to MTN Current Employees on the All MTN Group Departments (Sharepoint.com) or Y'elloVerse\OurPolicies\AllMTNGroupPolicies

If MTN Processes Personal Information about you, you have the following rights:
• Access and correction: you have the right to access the Personal Data retained by MTN. This is sometimes called a ‘Data Subject Access Request’. If we agree that we are obliged to provide Personal Information to you, we will provide it to you free of charge. Before providing Personal Information to you, we may ask for proof of identity and sufficient information about your interactions with us that we can locate your Personal Information. If the Personal Information we hold about you is incorrect, you are entitled to ask us to correct any inaccuracies in the Personal Information.
• Object to Processing: you have the right to object to us Processing your Personal Information, on reasonable grounds relating to your particular situation, under certain circumstances. You may also object if you believe there is no legal basis for us to Process your Personal Information anymore.
• Withhold consent: you have the right to withhold your consent without any fear of negative repercussions in circumstances that we seek your consent to Process your Personal Information. If you experience any intimidation or negative repercussions for withholding your consent you should report this to your local whistleblower hotline at anonymous@tip-offs.net.
• Withdraw consent: you also have the right to withdraw your consent at any time and we will cease Processing your Personal Information unless there is an alternative legal basis to continue Processing your Personal Information. We will advise you if we intend to continue Processing your Personal Information in these circumstances.
• Automated processing: you have the right, under certain circumstances, not to be subject to a decision based solely on automated processing of your personal information.
• Disposal / Restrictions: in addition, you may have rights to have your Personal Information deleted / destroyed if we are keeping it too long or have no legal basis to Process it. You may also request that the Processing of your Personal Information is restricted in certain circumstances.
• Lodge complaints: you have the right to lodge a complaint regarding the way your Personal Information is being Processed with MTN or if you believe there has been a breach of MTN privacy policies and/or Applicable Data Privacy Laws.
• Civil proceedings: you have the right to institute civil proceedings regarding the alleged interference with the protection of your personal information.

You can make a request or exercise these rights by contacting MTN at GroupDataPrivacy@mtn.com and we will make all reasonable and practical efforts to comply with your request, so long as it is consistent with Local Regulatory Requirements, Applicable Data Privacy Law(s) and internal policies.

Finally, you always have the right to lodge a complaint with the supervisory authority in charge of protecting Personal Information, the Information Regulator (South Africa) , whose contact details are:
• PO Box 31533, Braamfontein, Johannesburg, 2017
• Enquiries@inforegulator.org.za
• (010) 023 5241
• Inforegulator.org.za