The following Privacy Statement sets forth the policies for, the collection and use of personally identifiable information (“Information”) by Onswaziline Investments Pty Ltd (“Tfumela”). This Statement covers the operation of its Web Site https://www.tfumela.com/ (the “Site”) and its private label message services, operated on behalf of third parties (its “Clients”) and supersedes any previous statement of such policies. (The Site and private label service, are referred to collectively as the “Business” in this Statement.) Tfumela takes its obligations regarding privacy very seriously, and it wants to ensure Clients’ are fully informed about the Information they are providing. “Personally identifiable Information” refers to information that can identify an individual such as a name, or email address. Please address your questions about this Site, or Privacy Statement to privacy@tfumela.com.

Collection of Information

We collect personal information on the Site to facilitate the services offered to you during your use of the Business. Clients’ must register an account on the Site prior to having access to any of the services. To register an account on the Site, we may require name, email, phone number and physical address information, as well as sensitive financial information including credit card numbers to process the registration. Where applicable, we also collect third party personal information if the registered administrator is different from the initiator of the registration for the service. By registering for the service, the platform exists for Clients’ to enter third party personal information into their account for the purpose of using the Business services, this information may include, but is not limited to cellular phone numbers, associated names, notes, and email addresses. None of this personal information is used for any promotional purposes, or shared with third parties for their promotional purposes by Tfumela. Tfumela may also collect non-personally identifiable information from Clients’ via “cookies” (small text files placed by Tfumela on user computers), single-pixel GIF image files (also called “Web beacons”), Web server log analysis and other similar technological means. We also receive website navigational information such as IP address and referring URL when our Site is visited. Such information may be used to track site trends and enhance the user experience, and may be shared with third parties in aggregated, non personally identifiable form. To the extent third parties may place advertising on the Site, such third parties may use cookies, or other technological means within the advertising to collect and use non-personally identifiable information. Tfumela is not responsible for information collected by third parties in this manner, nor for the collection or use of Information by other sites to which the Site is linked.

No Collection of Information from Children

This Site is not intended for users under the age of 18, nor does Tfumela knowingly collect, or retain Information from children under the age of 13.

Use of Information

Tfumela uses Information collected in connection with the Site in the following ways:

To provide requested information, products and services to users via the Site.

To improve the user experience with the Sites

In connection with the operation of the Sites

For users to obtain information and offers for products and services offered by Tfumela.

Security

Tfumela uses industry accepted electronic and physical standards of security to reduce the risk of improper access to or manipulation of Information during transmission and storage. We employ the use of SSL [Secure Socket Layer] technology to protect your sensitive information during transmission. While we take every precaution to guarantee safety, no method of security is 100% effective and we encourage you to employ discretion when submitting your information.

Information Sharing

Tfumela may be legally obligated to disclose information to the government or to third parties under certain circumstances, such as illegal activity on our Site. Tfumela reserves the right to release personal information to its service providers, law enforcement, or other government officials, or in response to a formal request in a civil action, Court order or judicial proceeding as we, in our sole and absolute discretion, deems necessary or appropriate. Moreover, in the event of a merger, sale, or acquisition of some, or all of Tfumela’s assets, your personal information could be part of the transferred assets. In such an event, we shall notify you by a notice on the home page. Any changes to the information practices governing your information & your choices would be noted. The Site employs the use of a third party payment processor to process payments made to us. This third party is not authorized to use this information for any purposes beyond facilitating this service on our behalf. We post customer testimonials on our Site that may include a user’s name and email [not displayed]. We obtain permission of our Clients’ prior to posting their testimonials on our Site. When you select to comment on a blog post, please be aware that any personal information you submit therein shall be available publicly to other users of the Site & can be used to send unsolicited messages. Tfumela is not responsible for the personal information a user selects to disclose in a public forum.

Opting Out from Offers from Tfumela

You may opt-out of receiving our newsletters by clicking on the opt-out link included in every email newsletter we send, or by contacting helpdesk@tfumela.com. Tfumela service offerings include acting as a service provider for our clients’ in providing an “opt-out” platform for their recipients [end users]. At any time, recipients [end users] may discontinue receiving SMS offers by sending the SMS message “STOP” to the applicable shortcode. Additionally, end users’ may discontinue receiving offers from a particular client by sending the SMS message STOP to that Client’s particular shortcode, or by following other instructions provided by that Client. Opting out from a particular Client’s offers will not apply to any communications from other Clients. All information provided to Tfumela’s clients is owned by said client and subject to their privacy statement. We are not responsible for their privacy practices during our role as the clients’ service provider.

Access to Information

All Clients’ who provide their Information to Tfumela may modify and correct such Information by e-mailing us at helpdesk@tfumela.com and registered Clients’ can modify their personal information and accounts by logging into their accounts on our home page and modifying their preferences.

Data Processing

This applies where and only to the extent that Tfumela processes Client and Customer Data that is subject to Data Protection Laws on behalf of Clients as Data Processor in the course of providing Business pursuant to the Agreement.

In the course of providing Business services to Clients pursuant to the Agreement, Tfumela may process Personal Data on behalf of Clients, and by agreeing to the Terms and Conditions, Tfumela and Clients hereby agree to comply with the following provisions with respect to any Consumers’ Personal Information:

1. DEFINITIONS

“Account Users” means any individual accessing and/or using the Business through the Client’s Account as authorized by Client.

“Tfumela” means Onswaziline Investments Pty Ltd.

“Customer Data” means any Personal Data that Tfumela processes as a Data Processor on behalf of Client.

“Data Controller” means the entity which determines the purposes and means of the processing of Personal Data. Client is the Data Controller with respect to Client Data.

“Data Processor” means the entity which Processes Personal Data on behalf of the Data Controller.

“Data Protection Laws” means all applicable Data Protection Laws in the Kingdom of Eswatini, or of any other applicable country.

“Personal Data” shall have the same meaning as in the applicable Data Protection Laws, provided, that with respect to this Addendum, the reference is to Personal Data processed in relation to Client’s access to and use of the Service.

“Request” means a written request from a Data Subject to exercise his/her specific data subject rights under the Data Protection Laws in respect of Personal Data.

“Service” means Tfumela’s web-based application for managing mobile marketing campaigns including mobile messaging capabilities.

“Sub-processor” means any Data Processor engaged by Tfumela to assist in fulfilling its obligations with respect to providing Business pursuant to the Agreement or this Addendum.

The terms, “Data Subject”, “Member State”, “Processing”, “Process” and “Supervisory Authority” shall have the same meaning as in the GDPR, and their cognate terms shall be construed accordingly.

2. PROCESSING OF PERSONAL DATA

2.1 Roles of the Parties. The parties acknowledge and agree that with regard to the Processing of Personal Data, Client is the Data Controller of Customer Data, and Tfumela will process Customer Data only as a Data Processor acting on the instructions of Client.

2.2 Client’s Processing of Customer Data. Client shall (i) comply with the Data Protection Laws and its obligations as a Data Controller under the Data Protection Laws in respect of its use of the Business, and (ii) maintain a legally adequate privacy policy and notices for each mobile application, web domains, devices, software applications and/or communication channels owned or controlled by the Data Controller that connects to the Tfumela Business, and (iii) provide notice, respond to individual rights requests, and obtain all legally required rights, releases and consents to allow Customer Data to be collected, processed, stored, used, transmitted and disclosed in the manner contemplated by the Agreement and this Addendum. Client shall have sole responsibility for the accuracy, quality, and legality of Customer Data and the means by which Client acquires and uses Customer Data.

2.3 Tfumela’s Processing of Customer Data. Tfumela shall only process Customer Data on behalf of and in accordance with Client’s instructions. Instructions by Client to Tfumela to process Customer Data include processing initiated by Account Users in their use of the Business.

2.4 Details of Data Collection and Processing

(a) Subject matter: The subject matter of the data processing under this Addendum is the Customer Data.

(b) Duration: As between Tfumela and Client, the duration of the data processing under this Addendum is until the termination of the Agreement in accordance with its terms.

(c) Purpose: The purpose of the data processing under this Addendum is the provision of the Business to the Client and the performance of Tfumela’s obligations pursuant to the Agreement (including this Addendum) or as otherwise agreed by the parties.

(d) Nature of the processing: Tfumela is a web-based application for managing mobile marketing campaigns including mobile messaging capabilities (the “Service”).

(e) Categories of data subjects: Accounts Users and any end user of a mobile application, web domains, devices, software applications and/or communication channels owned or controlled by Client and to or with respect to whom Client sends notifications or processes Personal Data via the Service (collectively, “End Users”).

(f) Categories of Customer Data:

Client and Account Users: Account User’s login credentials to the Service, name, phone number, email, website, physical address, credit card or paypal account information, IP address, and URL information.

End Users: Client may process Personal Data via the Service, the extent of which is determined by Client based on Client’s configuration and use of the Service, which may include, at Client’s sole discretion, but is not limited to the following categories of Personal Data: names, phone numbers, email addresses, online identifiers, and location data.

(g) Sources of Customer Data: All Customer Data is stored on the Tfumela database.

3. DATA REQUESTS

3.1 Data Requests. The Service provides Client with a number of functions that Client may use to retrieve, correct, delete, or restrict Customer Data, which Client may use to assist it in connection with its obligations under the Data Protection Laws including, for example, its obligations relating to responding to Requests from Data Subjects or applicable data protection authorities (including requests for information relating to the processing, and requests relating to access, rectification, erasure or portability of the Personal Information).

To the extent Client is unable to independently access the relevant Customer Data within the Service, Tfumela will provide reasonable cooperation to assist Client, at Client’s cost to the extent legally permissible, to respond to any requests from Data Subjects or applicable data protection authorities relating to the processing of Personal Data under the Agreement and this Addendum.

In the event any such request is made directly to Tfumela, Tfumela will not respond to such communication directly without Client’s prior authorization, unless legally compelled to do so. If Tfumela is required to respond to such a request, Tfumela will promptly notify Client and provide it with a copy of the request unless legally prohibited from doing so.

3.2 If the request is pursuant to the CCPA:

i) the Consumer has the following rights: a) the right to request disclosure of the data collection and sales practices in connection with the requesting consumer, including the categories of personal information Tfumela has collected, the source of the information, and Tfumela’s use of the information; b) the right to request a copy of the specific personal information collected about the Consumer during the 12 months before their request; c) the right to have such information deleted (subject to exceptions in the CCPA); and d) the right not to be discriminated against because they exercised any of these rights under the CCPA.

ii) Tfumela has the right to collect information from the requesting party to verify their identify;

iii) Tfumela will respond to the request within 45 days; and

3.3 Tfumela does not disclose or sell Customer Data to third parties.

3.4 Government Requests. If a law enforcement agency sends Tfumela a demand for Customer Data (for example, through a subpoena or court order), Tfumela will attempt to redirect the law enforcement agency to request that data directly from Client. As part of this effort, Tfumela may provide Client’s basic contact information to the law enforcement agency. If compelled to disclose Customer Data to a law enforcement agency, then Tfumela will give Client reasonable notice of the demand to allow Client to seek a protective order or other appropriate remedy unless Tfumela is legally prohibited from doing so.

3.5 Data Requests can be made by emailing helpdesk@tfumela.com or by calling +268 7809 0055.

4. SUB-PROCESSORS

4.1 Appointment of Sub-processors. Client acknowledges and agrees that Tfumela may engage third-party Sub-processors in connection with the provision of the Service. Any such Sub-processor will be permitted to customer data only to the extent needed to deliver the Services. None of this customer data is used for any promotional purposes, or shared with third parties for their promotional purposes.

5. RELATIONSHIP WITH THE AGREEMENT

5.1 Except for the changes made by this Addendum, the Agreement remains unchanged and in full force and effect. If there is any conflict between this Addendum and the Agreement, this Addendum will prevail to the extent of that conflict.

5.2 Claims. Any claims brought under or in connection with this Addendum will be subject to the terms and conditions, including but not limited to, the exclusions and limitations set forth in the Agreement. Other than liability that may not be limited under applicable law, each party’s liability, taken together in the aggregate, arising out of or related to this Addendum, whether in contract, tort or under any other theory of liability, is subject to the ‘Limitation of Liability’ section of the Agreement, and any reference in such section to the liability of a party means the aggregate liability of that party under the Agreement and all Addenda together.

5.3 No Third Party Beneficiary. No one other than a party to this Addendum, its successors and permitted assignees will have any right to enforce any of its terms. Any claims against Tfumela under this Addendum will be brought solely against the entity that is a party to the Agreement. Client further agrees that any regulatory penalties or other liability incurred by Tfumela in relation to the Customer Data that arise as a result of, or in connection with, Client’s failure to comply with its obligations under this Addendum or any applicable Data Protection Laws will count toward and reduce Tfumela’s liability under the Agreement as if it were liable to the Client under the Agreement.

5.4 Governing Law. This Addendum will be governed by and construed in accordance with governing law and jurisdiction provisions in the Agreement, unless required otherwise by applicable Data Protection Laws. See Data Protection Act

6. LEGAL EFFECT

This Addendum shall only become legally binding between Client and Tfumela when executed as described in the introductory paragraphs to this Addendum.

7. ANNUAL UPDATE

Tfumela’s Privacy Policy and this Addendum will be kept current and updated annually.

Contacting Us

You can contact Tfumela with your questions and concerns at: helpdesk@tfumela.com.
Or by Mail at PO Box 5803, Mbabane ATT: Tfumela Compliance

Effective April 13, 2023