Digicel Group Mobile Privacy Notice

Introduction

Welcome to the Digicel Mobile Telephone Services Privacy Notice.

At Digicel, we respect your privacy and we’re committed to protecting your personal data and earning your trust. We’ve prepared this Privacy Notice to give you clarity and transparency on how we may use your personal data. We take reasonable steps to ensure that your data is safe and secure, including putting in place technical safeguards, organisational measures, policies and procedures to comply with applicable laws and regulations.

This Privacy Notice is supplemental to the Digicel Mobile Telephone Services Terms and Conditions and Corporate Mobile Terms and Conditions (collectively “Ts&Cs”). Terms capitalised in this document shall have the same meanings ascribed in the Ts&Cs, unless otherwise specified.

1. Data Controller

The entities listed in Table 2 below, are the data controllers (collectively and individually referred to as “Digicel”, "we", "us" or "our" in this privacy notice) of personal data collected solely for and through the provision and use of the Digicel Mobile Telephone Services. The particular data controlling entity for your personal data depends on the country in which you initiated your Services. All entities listed are subsidiaries of the Digicel Group of Companies (Digicel).

We have a Group Privacy Team that handles all enquiries relating to the privacy practices of Digicel. If you’d like to enquire about this privacy notice, our privacy practices or your legal rights, you may contact our Privacy Team using the details set out at Item 13 below.

Depending on the market or territory within which you reside, you may also have the right to make a complaint to your regulator of privacy rights or data protection issues. However, we’d appreciate the chance to deal with your concerns before you approach your regulator, so please contact us first.

2. Scope of This Notice

Purpose of this Privacy Notice

This Privacy Notice aims to give you information on how Digicel collects and processes your personal data through your use or interaction with our Digicel Post Paid Mobile Telephone Service, Digicel Pre Paid Mobile Telephone Service, and Digicel Mobile Data Services over our mobile telecommunications network (collectively, “Service(s)” or “Digicel Mobile Service” and “Network”). This includes any data you may provide when you sign-up, register for, utilise, or interact with a Digicel Sim Card, E-Sim, handset, other applicable Digicel device or product, or independently owned handset or device, complete our Application Form or Service Order Form, take part in a promotion or competition, or get in contact with us.

Our goal is for you to understand i) how we look after your personal data when you interact with our Services and ii) your privacy rights and how the law protects you.

When this Notice applies

This Privacy Notice applies to the information we collect from you as a Customer when you use, access, or interact with our Services, including through your visit to any of our physical locations. This Privacy Notice also applies to the information we collect from you as an authorised representative of our (corporate) Customers.

It is important that you read this Privacy Notice together with any other privacy, customer, or regulatory notices we may provide for specific products and services, and on specific occasions when we’re collecting or processing personal data about you, so that you’re fully aware of how and why we’re using your data. This privacy notice supplements other notices published by the Digicel Group of companies and is not intended to override them.

Personal Data of Minors

We don’t knowingly collect data from or about individuals under the legal minimum age without the permission of their parent or guardian. When we do collect that data, we might do it inadvertently, like if they attempt to sign up for our Services or enter a promotion. We might also collect it automatically if, through your permission or supervision, your child/ward uses the products or services we offer. If you believe your child/ward may have provided us with personal information without proper consent, you can contact us and request that we delete the information.

Third-party links

Any website or application developed for and through the provision of our Services, may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We don’t control these third-party websites, plug-ins or applications and aren’t responsible for their privacy statements. Where necessary, we’ll provide a notice and link to the third party’s notice. When you leave our website(s) and/or application(s), we encourage you to read the privacy notice of every other application and website you visit.

3. The Data We Collect About You

Personal data, or personal information, means any information about an individual from which that person can be identified. Depending on the country or market within which you reside, this definition may extend to personally identifiable information for individuals deceased for thirty (30) years or less.

Personal data shall not include any data where identifiable information has been removed (anonymous data) or where an individual cannot be identified from the data set.

Personal data is collected from all users of our Services. We may collect, use, store and transfer different kinds of personal data about you, which we have grouped together below. These categories of personal data do not apply to everyone but are based on your relationship to us, i.e., customer, authorised representative of a customer, employee or customer of our customer, and, where applicable, visitor to our websites and/or applications.

• Identity Data includes first name; maiden name; last name; middle initial; username or similar identifier; title; date of birth; and copies of Government-issued ID.
• Contact Data includes home address (as noted on ID and/or populated in a form); e-mail address; and telephone numbers.
• Financial Data includes banking details or payment card details and any other information provided for the provision of administration and billing processes.
• Transaction Data includes details about payments to and from you, and other details of products, services, plans and/or subscriptions you have purchased from us.
• Technical Data includes your geolocation; internet protocol (IP) address; Mobile Station Integrated Services Digital Network (MSISDN), International Mobile Equipment Identity (IMEI), International Mobile Subscriber Identity (IMSI), unique device IDs browser plug-in types and versions, operating system and platform, ad other network and device information.
• Mobile & Call Data includes information about how you use the Services; records of correspondence and other communications including calls and text messages; and recordings of calls and online chats with our customer services, technical support, and sale agents.
• Profile/Account Data includes your account number, login details such as username and password, purchases and monthly spend, interests, preferences, feedback, and survey responses.
• Job-related and (work) organisation Data includes your business or company name; job role/title.
• Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
• Performance and Diagnostic Data includes performance and diagnostic data about your use of our network, networks you roam on, Wi-Fi services or your performance information about your mobile device. For example, we may collect information about signal strength, dropped calls, data failures, battery strength, and other device or network performance issues. We may also collect information about applications on your device, such as the fact that an application has been added when an application is launched or fails to launch, and the length of time an application has been running. Note, other companies, like the manufacturer of your mobile device, the provider of the operating system on your device, and providers of mobile applications installed on your device, may also be able to access and collect some of this information.
• Any Other Volunteered Information you share in your interactions with us or our Services, which you understand and acknowledge as information made public by you.
• Other Data deemed necessary for any of the purposes noted under Section 4, which may be collected from our Internal and External Third Parties, as defined in the Glossary.

We also collect, use, and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but isn’t considered personal data in law as this data will not directly or indirectly reveal your identity. However, if we combine or connect Aggregated Data with your personal data, so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Notice.

We may collect and process biometric data for the purposes of account management, or to verify your identity and validate payment, where applicable. Save for this, we don’t intentionally seek to collect any Special Categories of Personal Data about you. Special Categories of Personal data may include details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data. We’ll update you if any of our processing activities will require the collection of any Special Categories of Personal Data and request your permission to do so.

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with our Services). In this case, we may have to cancel your access to our Services, but we’ll notify you if this is the case at the time.

4. How Is Your Personal Data Collected?

We use different methods to collect data from and about you including through:

• Direct interactions, where information is collected directly from you, your devices, or your activities, with your consent, including when you:
  • buy or register for a Sim Card or E-Sim;
  • buy, register, use or subscribe to any of our Services;
  • sign-up for or create an account, register or interact with any Digicel application or website;
  • enter a competition, promotion, or survey, provide feedback, or respond to communications from us (such as SMS, e-mails, questionnaires); or
  • contact us and provide your information via any online support desk, customer call centres or our physical locations.
• Automated technologies or interactions. As you interact with our affiliated websites and applications, we may automatically collect Technical Data about your equipment, browsing actions, in-app activity and patterns. We collect this personal data by using application permissions where applicable, cookies, software development kits (SDKs), and other similar technologies. Some of these technologies may also receive Technical Data about you if you visit other websites before or after visiting our websites and applications.
• Your Use of our Services. As part of our normal course of business, we generate and collect Mobile & Call Data as well as Performance and Diagnostic Data to provide our Services, to detect unauthorized reception of our Services, to improve our Services and for other purposes described in Section 4 below.
• Third parties or publicly available sources. To assist us in providing you with the best experience, we may receive and/or share any personal data about you deemed necessary for any of the purposes noted under Section 4. Generally, we receive or share your personal data from and/or with various public sources, and our Internal and External Parties, as defined in the Glossary, once we have your consent.

5. How We Use Your Personal Data

We will only use your personal data when the law allows us to. Most commonly, we’ll use your personal data where:

• we need to perform the contract we’re about to enter into or have entered into with you.
• it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights don’t override those interests.
• we need to comply with a legal obligation such as law enforcement disclosures, or meeting regulatory obligations that are subject to strict internal policies and procedures (such as retention periods).
• you provide consent to the use of your information. Consent may be withdrawn at any time by notifying us or by terminating or cancelling your Service with us.

Purposes for which we will use your personal data

We’ve set out below, in a table format, a description of all the ways we plan to use your personal data, which of the legal bases we rely on to do so, and where appropriate, what our legitimate interests are.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we’re using your data. Please contact us if you need details about the specific legal ground we’re relying on to process your personal data where more than one ground has been set out in the table below.

Table 1: Purposes for use of your personal data

Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

Promotional Offers from Us

We may use data we gather to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which Services and offers may be relevant for you (we call this marketing).

You will receive marketing communications from us if you have requested information from us or purchased or interacted with our Services and you have not opted out of receiving direct marketing communications.

Third-Party Marketing

We’ll get your express opt-in consent before we share your personal data with any third party for marketing purposes.

Opting Out

You can ask us to stop sending you marketing messages at any time by following the opt-out links or directions on any marketing message sent to you, or by contacting us at any time.

Where you opt out of receiving these marketing messages, this will not apply to any system or functional messaging regarding your account or our Services.

Third-party Devices & Carriers

You may utilise third party devices to access your mobile services, either manually via inserting a Sim Card into a device or electronically via our E-Sim services. These include mobile phone devices, tablets or connected devices such as smart speakers or smart watches.

When you connect your Sim Card or E-Sim to these devices, those third parties may record your Sim details or your interaction with the Network. The third-party device manufacturers will process your personal data in accordance with their privacy policies and your device settings, so, we recommend that you read and understand these before choosing to connect.

Where you choose to roam on or connect to the network of another wireless carrier or Wi-Fi service provider, your wireless telephone number, your location, the numbers you dial, and other information about your usage, will be available to that carrier to facilitate that service.

Change of Purpose

We’ll only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we’ll notify you and explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

6. Disclosures Of Your Personal Data

We may share your personal data with the parties set out below for the purposes set out in the Table 1: Purposes for use of your personal data above.

• Internal Third Parties as set out in the Glossary.
• External Third Parties as set out in the Glossary.
• Third Parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We don’t allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

7. International Transfers

We share your personal data within entities throughout the Digicel Group of Companies.

Whenever we transfer your personal data out of the country of origin, however, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

• We’ll only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data.
• Where we use certain service providers, we may use specific contracts that ensure an adequate level of protection through the use of technical and organisational measures.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data internationally.

8. Data Security

We’ve put in place appropriate security measures to prevent your personal data from being accidentally lost, used, or accessed in an unauthorised way, altered, or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They’ll only process your personal data on our instructions, and they’re subject to a duty of confidentiality.

Please be aware that although we endeavour to provide reasonable security for the information we process and maintain, no security system can prevent all potential security breaches. In any event, we’ll notify you and any applicable regulator of a breach where we’re legally required to do so.

9. Account Deletion & Data Retention

How Long Will You Use My Personal Data For?

We’ll only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

Where you’ve decided to withdraw the consent you’ve given, we’ll delete your personal data unless we’re required to keep it for the reasons explained herein. We may need to keep a piece of your contact information e.g., e-mail address, in our records, so we know that you’ve withdrawn your consent and therefore ensure we honour your choice.

Details of retention periods for different aspects of your personal data are available in our retention schedule which you can request from us by contacting us at privacy@digicelgroup.com.

10. Your Legal Rights

In some countries and under certain circumstances, you have rights in relation to your personal data. You may have the right to:

Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we’re lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you’ve successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we’re required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we’re relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we’re processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:

• If you want us to establish the data's accuracy.
• Where our use of the data is unlawful but you don’t want us to erase it.
• Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims. In order to exercise any such legal claim, we may require a court or administrative order, subpoena or other such legal or regulatory proclamation.
• You’ve objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We’ll provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we’re relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We’ll advise you if this is the case at the time you withdraw your consent.

If you wish to enquire about or exercise any of the rights set out above, visit our Privacy & Trust Centre or contact the Privacy Team at privacy@digicelgroup.com.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within sixty (60) days. Occasionally it could take us longer than sixty (60) days if your request is particularly complex or you’ve made a number of requests. In this case, we will notify you and keep you updated.

11. Glossary

i. LAWFUL BASIS

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we’re subject to.

ii. THIRD PARTIES

Internal Third Parties

Other companies in the Digicel Group may act as joint controllers or processors, and may provide IT and system administration services, and/or process personal data through leadership reporting. The list includes:

Table 2: List of Data Controllers/ Digicel Affiliates

 External Third Parties

• Service providers acting as processors who provide IT and system administration services.
• Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.
• Relevant regulators and other authorities as required by law (that may be acting as processors or joint controllers), who may require reporting of processing activities in certain circumstances.

12. Changes to the Privacy Notice and Your Duty to Inform Us of Changes

We endeavour to keep our Privacy Notice under annual review. This version was last updated on 10 May 2024.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

13. How to Contact Us in Relation to Our Privacy Practices

For all comments, concerns and complaints regarding this notice, our privacy practices, or to exercise your privacy rights, you may contact the Privacy Team via e-mail at privacy@digicelgroup.com or visit our Privacy & Trust Centre.