MDA Privacy Notice

Welcome to the MyDigicel Privacy Notice.

At Digicel, we respect your privacy and we are committed to protecting your personal data and earning your trust. This privacy notice is to give you clarity and transparency on the ways we may use your personal data.

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

1. Scope of This Notice and Who We Are

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 of our MyDigicel application or website, this includes but is not limited to any data you may provide through the use of this application or website when you register, browse or utilise features within the application or via the webpage; also, when you purchase a product or service, take part in a competition, or get in contact with us through the application or via the web page.

Personal data is collected for all users of the website and application. We do not 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 directly, like when you sign up for a service or initiate a transaction. We might also collect it automatically if your child uses the products or services we offer.

Different products and services collect different kinds of data. 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 are collecting or processing personal data about you, so that you are fully aware of how and why we are using your data. This Privacy Notice supplements other notices and Digicel privacy notices and is not intended to override them.

Controller

Digicel Caribbean Limited is the Data Controller (collectively referred to as “Digicel”, "we", "us" or "our" in this privacy notice) of data collected solely via the MyDigicel application or webpage. Digicel Caribbean Limited is a company registered under the laws of St. Lucia with registered office at 20 Micoud Street Castries, St Lucia. We are a subsidiary of the Digicel Group of Companies.

Contact details

We have a privacy team that is responsible for handling all enquiries in relation to this Privacy Notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, you may contact the Digicel Group Privacy Team using the details set out below.

For all queries regarding this privacy notice or our privacy practices, please contact the Digicel Privacy Team in the following ways:

Full name of legal entity: Digicel Caribbean Limited

Email address: privacy@digicelgroup.com

Postal address: 14 Ocean Boulevard, Kingston, Jamaica

Attn: Group Privacy Team (Legal & Regulatory Department)

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

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 1st April, 2023.

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.

Third-Party Links

Our MyDigicel application and website 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 do not control these third-party websites, plug-ins or applications and are not responsible for their privacy statements. Where necessary, we will provide a notice and link to the third party’s privacy notice. When you leave our application or website, we encourage you to read the privacy notice of every other application and website you visit.

Please see further information on Third Parties in the Glossary below.

2. The Data We Collect About You

Personal data, or personal information, means any information about an individual from which that person can be identified. In Jamaica only, this definition extends to personally identifiable information for individuals who have been deceased for less than thirty years.

Personal data shall not be extended to or include any data where identifiable information has been removed (anonymous data) or an individual’s identity is not ascertainable from the data set, whether on its own or combined with other known information.

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

• Identity Data includes first name, maiden name, last name, username or similar identifier, title, date of birth, gender, identification cards and photographs (e.g. profile photo).

• Contact Data includes billing address, delivery address, email address and telephone numbers.

• Financial Data includes payment card details, and any other information provided for the provision of payment services, 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 internet protocol (IP) address, your login data, MSISDN, unique device ID, browser type and version, location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this application or website.

• Profile Data includes your username and password, profile photo, purchases, interests, preferences, feedback and survey responses.

• Usage Data includes information about how you use our website or application, products and services.

• Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

• Other Data 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, with or upon your consent.

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 is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific application or website feature. 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 do not intentionally seek to collect any Special Categories of Personal Data about you (this includes 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). Nor do we collect any information about criminal convictions and offences.

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 goods or services). In this case, we may have to cancel a plan, subscription, product or service you have with us but we will notify you if this is the case at the time.

3. How is Your Personal Data Collected?

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

• Direct Interactions. You may give us your Identity, Contact and Financial Data by filling out online forms or by corresponding with us by post, phone, e-mail or otherwise. This includes personal data you provide when you:

• buy, register, use or subscribe to our services or products;

• sign-up or create an account on our application or website;

• interact with our application and website, including making customer enquiries, registering for information or other services, or download our application;

• enter a competition, promotion or survey, provide feedback, or respond to communications from us (such as SMS, emails, questionnaires); or

• contact us and provide your information via online customer support, customer call centres or our physical locations.

• Automated Technologies or Interactions. As you interact with our application and website, we will 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 and other similar technologies. Some of these technologies may also receive Technical Data about you if you visit other websites. Please see our Cookie Notice for further details.

• 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, External and Specific Third Parties, as defined in the Glossary, with or upon your explicit consent.

4. How We Use Your Personal Data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

• Where we need to perform the contract we are about to enter into or have entered into with you.

• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.

• Where we need to comply with a legal obligation.

Click here to find out more about the types of lawful basis that we will rely on to process your personal data.

Purposes for which we will use your personal data

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

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are 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

Purpose/Activity

Type of data

Lawful basis for processing including basis of legitimate interest

To register you as a new customer for a product and/or service

(a) Identity

(b) Contact

(a) Performance of a contract with you

(b) Consent

To process and deliver your order including:

(a) Manage payments, fees and charges

(b) Collect and recover money owed to us

(a) Identity

(b) Contact

(d) Transaction

(e) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to recover debts due to us)

To manage our relationship with you which will include:

(a) Notifying you about changes to our terms or privacy notice

(b) Asking you to leave a review or take a survey

(a) Identity

(b) Contact

(d) Usage

(e) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary to comply with a legal obligation

(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)

(d) Consent

To enable you to partake in a prize draw, competition or complete a survey

(a) Identity

(b) Contact

(d) Usage

(e) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)

To administer and protect our business and our application and website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)

(a) Identity

(b) Contact

(d) Usage

(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)

(b) Necessary to comply with a legal obligation

To deliver relevant application and website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you

(a) Identity

(b) Contact

(d) Usage

(e) Marketing and Communications

(f) Technical

(a) Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)

(b) Consent

To use data analytics to improve our application and website, products/services, marketing, customer relationships and experiences

(a) Technical

(b) Usage

(a) Necessary for our legitimate interests (to define types of customers for our products and services, to keep our application and website updated and relevant, to develop our business and to inform our marketing strategy)

(b) Consent

To make suggestions and recommendations to you about goods or services (i.e. plans and/or subscriptions) that may be of interest to you

(a) Identity

(b) Contact

(d) Usage

(e) Profile

(f) Marketing and Communications

(a) Necessary for our legitimate interests (to develop our products/services and grow our business)

(b) Consent

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 your Identity, Contact, Technical, Usage and Profile Data 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 products, 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 goods or services (including plans and/or subscriptions) from us and you have not opted out of receiving direct marketing communications.

Cookies

Cookies are small text files placed on a computer, tablet, or smartphone by websites you visit, generally used to make websites function properly.

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see Cookie Notice.

Change of purpose

We will 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 will notify you and we will 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.

5. 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 personal data above.

• Internal Third Parties as set out in the Glossary.

• External Third Parties as set out in the Glossary.

• Specific 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 do not 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.

6. 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 will 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 organizational measures.

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

7. Data Security

We have 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 will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

8. Data Retention

How long will you use my personal data for?

We will 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 have decided to withdraw the consent you have given, we will delete your personal data within thirty (30) days, unless we are required to keep it for the reasons explained herein. We may need to keep a piece of your contact information e.g. email address, in our records, so we know that you have 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.

9. 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 are 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 have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are 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 are 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 are 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 do not 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 have 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 will 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 are 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 will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact the Group 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 have made a number of requests. In this case, we will notify you and keep you updated.

10. 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 are subject to.

ii. THIRD PARTIES

Internal Third Parties

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

Data Controllers/ Digicel Affiliates	Territory
Wireless Ventures (Anguilla) Ltd.	Anguilla
Caribbean Cable Communications (Anguilla) Ltd.	Anguilla
Antigua Wireless Ventures Limited	Antigua & Barbuda
New Millennium Telecom Services N.V T/A Digicel Aruba	Aruba, Netherland Antilles
Digicel (Barbados) Limited	Barbados
Digicel Caribbean Limited	Barbados
The Bermuda Telephone Company Ltd.	Bermuda
Telecommunications (Bermuda and West Indies) Ltd.	Bermuda
Digicel Suriname N.V.	Suriname
Antilliano Por N.V. T/A Digicel Bonaire	Bonaire
Digicel (BVI) Limited	British Virgin Islands
Digicel SVG Limited	St. Vincent & The Grenadines
Digicel Panama S.A	Panama
Digicel (Cayman) Limited	Cayman Islands
Digicel (Trinidad & Tobago) Limited	Trinidad & Tobago
Curacao Telecom N.V. T/A Digicel Curaçao	Curaçao
Digicel Bonaire Antilliano Por N.V.
Santa Barbara Utilities N.V. T/A Tres Networks
Wireless Ventures (Dominica) Limited	Dominica
Digicel S.A. de C.V.	El Salvador
Digicel (Grenada) Limited	Grenada
U-Mobile Cellular Inc	Guyana
Unigestion Holding S.A	Haïti
Digicel (Jamaica) Limited	Jamaica
Caribbean Cable Communications (Montserrat) Limited	Montserrat
Digicel (St Lucia) Limited	St. Lucia
Prism Services Holdings Limited	St. Lucia
Digicel Antilles Françaises Guyane	Martinique
Idom Technologies SAS (c/o Digicel Antilles Françaises Guyane)
Digicel French Caribbean
Southern Caribbean Fiber	Guadeloupe
Digicel Investments France	Guadeloupe
Digicel St. Kitts Wireless Ventures (St. Kitts & Nevis ) Limited T/A Digicel St. Kitts & Nevis	St. Kitts & Nevis
Digicel Turks and Caicos Ltd	Turks and Caicos Islands
Caicos Television Holdings Ltd	Turks and Caicos Islands

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 act as processors or joint controllers), who may require reporting of processing activities in certain circumstances.

Specific Third Parties

Third Party	Services
Ezetop Unlimited Company t/a Ding (Online Top-Up)	Payment and Financial Services
LotusFlare Inc.	Digital Experience Solution
ESPN c/o The Walt Disney Company	Streaming Media Services
Paramount Picture Corporation c/o ViacomCBS
Home Box Office Inc. c/o WarnerMedia
Stingray Music c/o Stingray Digital Group Inc.
GoLoud c/o Communicorp Group Ltd.
Ada Support Inc.	Customer Service Automation
Azdio.net	Technical Operations Services
Magento c/o Adobe Inc.	E-Commerce Platform
MatrixStream c/o MatrixStream Technologies Inc.	Internet IPTV Streaming Solution
Bitworks S.A. de C.V	Software Development, Cloud, and IT consulting Services
ShuftiPro	Identity Verification Services (Privacy Policy)[KC1]