This Privacy Policy provides information on the collection, use, sharing and processing of personal information  by Praekelt PBC, Benefit Corporation (“Turn.io”) and its affiliates in connection with your use of Turn.io websites and that link to this Privacy Policy, your interactions with Turn.io, whether in person or online, and your use of Turn.io’s products/Services (“the Services”). This Privacy Policy also explains the choices you have in relation to these processing activities.

In terms of your contractual relationship with Turn.io we obtain Personal Information (“PI”) as defined by the Data Protection Legislation  about you (hereinafter referred to as “you/your/ client”), as our client and potentially the PI of your clients/end users. We want you to understand who you are sharing your PI with, what kind of information we are collecting and how we use it.

PI does not include any anonymous, de-identified, or statistical information – provided that it cannot be linked back to you.

This Privacy Policy forms part of the contractual relationship that we have with you and must be read together with any signed Data Processing Addendum as well as the Turn.io Data Sharing, Storage and Securities Policy.

Turn.io may change this Privacy Policy from time to time. If there is an important change, Turn.io will inform you about such change in an appropriate way, such as a pop-up notice or a statement of the changes on this website. Your continued interaction with and use of Turn.io Services will constitute your consent to the current version of this Privacy Policy.

This Privacy Policy forms part of our Customer Contract with you and must be read together with the Data Processing Addendum to the Customer Contract and the Data Sharing, Storage and Securities Policy.

This policy is effective from 28 June 2021

What We Collect

1. We collect personal information when you set up your account with us. We also pick up some information during the course of our interactions with you. Some personal information is generated and collected through your use of our Services and sometimes we will collect personal information from another source.
2. When you set up your account with Turn.io (“your account”), we collect the following information directly from you:

• your identifiers and billing address and any necessary other financial information to complete any financial transaction with us and use the Services;

• your contact details including relevant employee and contact person details;

• information we may receive relating to communications you send us, such as queries or comments concerning our Services.

• location information;

• your username and password.

Turn.io may also collect other information through your interaction with and use of Turn.io offerings, including:

• Internet Protocol address (“IP address”) and information derived from your IP address, such as your geographic location, your company or when you access Turn.io websites;

• your company logo for display on Turn.io websites as recognition of the relationship that exists between you and Turn.io;

• information about the device that you use to access Turn.io websites, such as device type and version, mobile device identifier, browser type, operating system, the presence or use of applications or information about your preferred language;

• information about the company that you work for, such as the name, size, location, industry or its public officers;

• behavioural or demographic attributes, when tied to PI that identifies you;

• behavioural data about the internet-connected device you use when interacting with Turn.io websites, such as webpages clicked, content areas visited and time spent on webpages, content downloaded, date and time of activities, how often you access Turn.io websites or the web search used to locate and navigate to a Turn.io website;

• transactional data, including products and services that you have enquired about or are using;

• your activities in relation to Turn.io offerings, the support issues you have logged;

• your use and navigation of Turn.io websites and your use of the Services, products, tools and material made available by way of Turn.io websites;

• aggregated information relating to the use of Turn.io offerings, such as which features or aspects of Turn.io offerings are used the most or the least or any errors or problems that are registered in respect of specific features or aspects of the Turn.io offerings.

• In some instances, Turn.io may combine other information with PI. If Turn.io combines other information with PI, Turn.io will treat the combined information as PI.

How we use this Information

We use this information to:

• enable us to operate the Services and provide them to you and bill you;

• identify you when you login to your account;

• keep you informed about the Services, features, surveys, newsletters, offers, contests and events we think you may find useful or which you have requested from us;

• sell or market Turn.io products and services to you. You may opt out of these marketing services here;

• better understand your needs and the needs of users in the aggregate, diagnose problems, analyze trends, improve the features and usability of the Services, and better understand and market to our customers and users;

• keep the Services safe and secure.

• communicate with you about your account including to contact you to provide customer service support and respond to your comments and questions.

• verify security, and authentication;

• make sure that you actually exist (that you are not a fraudster) and to ensure the accuracy of the information you provided to us;

• comply with any legislation or regulation which requires us to collect the information; and to

• check your references.

1. For some of our services we will require additional information. For instance, when you are a non-profit and want to apply for a plan that only applies to qualified non-profits we need additional information about your company and what you intend to use the product for. Another example is when you apply for credit.
2. When you use our services, ‘customer data’ is generated and collected. This includes your, and your account users’, personal information (name, contact details, billing address etc.), billing records, call or messaging logs, traffic routing information and the content of communications sent through or integrated with our services (e.g. the content of your SMSs, emails or chats).
3. There are many reasons why we have to collect ‘customer data’:

• You are able to view some of the information on your account.

• We may need some of the information (for instance the content of your messages) to provide our services.

• We use the data to manage and route traffic, to analyze and improve our services and to identify and solve problems.

• Sometimes we are required by law to have this information to assess and report on whether you are complying with all regulatory requirements.

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Who are you sharing your information with?

Turn.io uses and shares the PI it collects (unless otherwise restricted by applicable law):

1. globally between and amongst Turn.io and its affiliated entities Praekelt Foundation NPC and Praekelt.org Foundation 501(c)(3). Turn.io and affiliated employees are authorised to access PI only to the extent necessary to serve the applicable purpose and to perform their job functions;
2. with third parties who provide Services to Praekelt.org subject to such parties signing a necessary DPA and non-disclosure agreement to protect your PI;
3. with your consent

Turn.io uses and shares the PI in good faith and as it believes to be necessary or appropriate:

1. under applicable law, including laws outside your country of residence or business;
2. to comply with legal process;
3. to respond to requests from public and government authorities, including public and government authorities outside your country of residence or business, for national security and/or law enforcement purposes;
4. to enforce Turn.io’s terms and conditions;
5. to allow Turn.io to pursue available remedies or limit the damages that Turn.io may sustain; and/or
6. with the relevant third party in the event of a reorganisation, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of Turn.io’s business, assets or shares (including in connection with any bankruptcy or similar proceedings).

When Turn.io shares PI with third parties, Turn.io enquires that your PI is processed only to the extent that such processing is necessary and subject to terms consistent with this Privacy Policy

Turn.io does not sell or rent your PI to third parties for any purpose.

Turn.io may use, transfer and disclose other information, which is not PI, that Turn.io collects for any purpose, such as statistical information about visitors to Turn.io websites, except where applicable law requires otherwise.

Your information is processed in accordance with the Data Processing Addendum (“DPA”) attached to the Customer Contract and as agreed to by you. Should we share your information with any additional third parties or affiliates, this shall only be as agreed in terms of the DPA.

Another Person’s Information

If you share any PI with Turn.io that relates to another person (“Data Subject”) you warrant and undertake to and in favour of Turn.io that:

1. you are in lawful possession and control of the PI and that you have the consent of the Data Subject to allow  Turn.io to process and in any other manner use such PI for the purpose for which it was collected or made available and as contemplated in this Privacy Policy;
2. the Data Subject has consented to the Data Subject’s PI being processed in a country that is different to the Data Subject’s country of residence or business;
3. you will promptly inform Turn.io in writing in the event that a Data Subject requests that its PI be updated or in the event that a Data Subject withdraws the consent;
4. you will be responsible for ensuring the correctness or accuracy of the Data Subject’s PI that is processed by Turn.io.

You indemnify, defend and hold Turn.io harmless from and against any and all claims, demands, causes of action, liabilities, losses, damages, judgments, settlements, fines, penalties, awards, costs, expenses and fees (including legal costs and fees on an indemnity basis) that may be sustained, suffered or secured against or incurred by Turn.io arising out of or resulting from:

1. Turn.io’s lawful processing of a Data Subject’s PI;
2. the PI not being correct or accurate; or
3. your breach of the above provisions.

For What Period Does Turn.io Retain Personal Information

The time periods for which Turn.io keeps your PI may vary according to the use or purpose attached to the PI.  Turn.io will keep your PI (i) only for as long as it is required to fulfil the purpose for which the PI was collected or for which it is to be processed or (ii) until you withdraw your consent. However, where Turn.io is required by applicable law to retain your PI longer or where your PI is required for Turn.io to assert or defend against legal claims, Turn.io will retain your PI until the end of the relevant retention period or until the claims in question have been settled.

At the end of the retention period, Turn.io will delete your PI in a manner designed to ensure that it cannot be reconstructed or read.

How do we store and secure your Personal Information?

We use reasonable technical and organisational safeguards that are designed to protect your PI from unauthorised or unlawful processing, accidental loss, misuse, unauthorised access, disclosure, alteration and destruction. We store and secure your information in accordance with our Data Storage and Security Measures Policy and DPA.

However, despite our efforts, no security controls are 100% effective and we cannot guarantee the security of your PI. In the event that your PI is acquired, or is reasonably believed to have been acquired, by an unauthorised person and applicable law requires notification, we will give you notice promptly. We will determine the scope of the breach and investigate and restore the integrity of the data system.

How Turn.io transfers PI it collects internationally

Turn.io collects and shares information globally.

For purposes of providing the Turn.io offerings to you, Turn.io may transfer, process and store your PI outside your country of residence or business to wherever Turn.io or its third party service providers operate. In some of these countries, such as the United States, the privacy protections and rights of authorities to access PI may not be equivalent to those applicable to your country of residence or business. However, in such circumstances Turn.io requires that any processing of your PI in such country will be subject to the provisions of this Privacy Policy.

Why do we use of cookies

We make use of cookies on our website to identify your web browser, to analyze how our website and online services perform and are used and to make improvements to ensure that our website is useful, effective and efficient.

Cookies will be used to save your email address and name so the next time you visit your Account from the same device we will have a record and will remember your email address and name to make your experience faster and simpler.

You can manage your communication preferences on your account.

What are your Data Protection Rights?

1. We will get your consent in terms of our DPA to process your PI.
2. We want to ensure you are fully aware of all of your data protection rights. Every user is entitled to the following:

• The right to access – You have the right to request copies of your personal data. We may charge you a small fee for this service.

• The right to rectification – You have the right to request that we correct any information you believe is inaccurate.

• The right to erasure – You have the right to request that we erase your personal data, under certain conditions.

• The right to restrict processing – You have the right to request that we restrict the processing of your personal data, under certain conditions.

• The right to object to processing – You have the right to object to our processing of your personal data, under certain conditions.

• The right to data portability – You have the right to request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions.

• The right to lodge a complaint: If you think we have processed your personal information unfairly or unlawfully, or we have not complied with your rights, you have the right to complain to a national data protection authority. Contact details for data protection authorities are available here.

• To submit any request to us under the GDPR, please contact us at the address in the next paragraph for more information

For natural persons who reside in the European Union, you can request that Turn.io restricts its processing of your PI (i) if you contest the accuracy of the PI and then for a period enabling Turn.io to verify the accuracy of your PI; (ii) if there is no legal basis for Turn.io to process your PI and you oppose Turn.io’s erasure of such PI; (iii) if Turn.io no longer needs your PI for the purposes of processing same but you claim that you require Turn.io to retain such information in order to claim or exercise legal rights or to defend against third party claims; or (iv) if you object to the processing of your PI, for as long as it is required to review as to whether Turn.io has a prevailing interest or legal obligation in processing your PI. If you request a copy of your PI, to the extent that Turn.io can comply with such request, it will provide you with that information in a machine-readable form.

General Clauses

This Privacy Policy records the entire understanding and agreement between Turn.io and you with respect to the subject matter hereof. No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded in this Privacy Policy.

In the event that any provision of this Privacy Policy is or may become illegal, invalid, unlawful or unenforceable in any jurisdiction affected by this Privacy Policy, such provision as to such jurisdiction, shall be ineffective to the extent of such prohibition or unenforceability and shall be treated as not written in this Privacy Policy and severed from the balance of this Privacy Policy, without invalidating the remaining provisions of this Privacy Policy or affecting the validity or enforceability of such provision in any other jurisdiction.

Turn.io’s failure to enforce any provision of this Privacy Policy will not constitute a waiver of such provision or affect in any way Turn.io’s right to require the performance of such provision at any time in the future.

You shall not be entitled to cede or assign your rights or delegate your obligations in terms of this Privacy Policy to any third party without Turn.io’s prior written consent.

The termination of your relationship with Turn.io, for any reason, or the cessation of your use of Turn.io’s offerings shall not affect the provisions of this Privacy Policy as expressly provide that they will operate after any such termination or cessation or which of necessity must continue to have effect after such termination or cessation notwithstanding that the provisions themselves do not expressly provide for this.

No provision in this Privacy Policy shall be construed against or interpreted to the disadvantage of Turn.io by reason of Turn.io having or being deemed to have structured, drafted or introduced such provision.

Turn.io’s Contact Details

If you believe that your PI has been used in a way that is not consistent with this Privacy Policy or your choices, or if you wish to submit a request to Turn.io regarding your PI or if you have any questions or comments related to this Privacy Policy, please address same in writing to the Information Officer at:

email: Support@turn.io

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