- Data Security. SMARTECH LLC, its subsidiaries and affiliates (herein called the “Company,” “we,” “us,” or “our”) is strongly committed to the protection of your privacy when you download, install, access and/or use the Smart Saver mobile application (herein called the “Application”) and accordingly, we take protective measures to protect the personal information provided to us by you. 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.
- Compliance with Legal Requirements. We take further measures to comply with the relevant legal requirements regarding what we can do with personal information we obtain from you. We are notified under the Electronic Communications and Transactions Act No. 21 of 2009 of
the Laws of Zambia and intend to comply with all our obligations under that Act. - Consent. You consent to our collection, processing and use of your information in line with the End User License Agreement.
- No Contract. This privacy policy is not intended to, and does not, create any contractual or other legal rights or obligations on either your or our part.
- Provision of Information. In order to assist us you may provide us with information from time to time which we may require or use for the purposes of allowing you to download, install and use the Application, including contacting you and providing notifications to you in relation to the Application or related activity.
- Disclosure of Personal Data to Third Parties. We may provide the data collected from you to members of our affiliates [or other third parties including our agents and contractors in
connection with the Application]. If you can be identified from the information that is disclosed, then we will not disclose such information without prior notification to you and we will obtain your permission to do so. You may inform us at any time not to pass on or share your personal information with any third parties. - Registration Information – You may be required to provide registration information before you download, install and use the Application. Depending on your use of the Application, we collect different kinds of information from or about you. We will store this information and data and use it to contact you, provide you with further details relating to the Application and otherwise for the normal use, provision of services and improvement of the Application, unless you ask us not to do so.
- Disclaimer. We are taking and will endeavor to continue taking all reasonable steps in order to protect your personal information and data. However, we cannot guarantee the security of any personal information or data you disclose online, having regard to the nature of the internet.
We may use encryption technology from time to time to assist in protecting any information or data which you submit. In any event, you accept the inherent security implications of disclosing information over the internet and agree not to hold us responsible for any breach of security unless we have been negligent or willfully in default of our obligations under the relevant legislation. - Update of Information. At any time, if you are concerned that the information we hold about you is incorrect, please do not hesitate to contact us to correct such information.
- Data Retention. We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
- Changes to Policy. We reserve the right to change this Privacy Policy and Data Protection Statement at any time by posting revisions on the Application.
DISCLAIMERS
- No Warranties. THE APPLICATION IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, WORK ON ALL TYPES OF MOBILE DEVICES, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
- Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND DEALS FOR: (a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES
(b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT,TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE EULA, the Terms of Sale, the Terms of Use and the Privacy Policy OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
- Exclusion of Liability – THE COMPANY WILL NOT TAKE RESPONSIBILITY FOR CERTAIN FUNCTIONS OF THE APPLICATION WHICH MAY REQUIRE THE APPLICATION TO HAVE AN ACTIVE INTERNET CONNECTION TO FUNCTION PROPERLY. THE CONNECTION CAN BE WI-FI, OR PROVIDED BY YOUR MOBILE NETWORK PROVIDER, BUT THE COMPANY CANNOT TAKE RESPONSIBILITY FOR THE APPLICATION NOT WORKING AT FULL FUNCTIONALITY IF YOU DO NOT HAVE ACCESS TO WI-FI, AND YOU DO NOT HAVE DATA ALLOWANCE. IF YOU ARE USING THE APPLICATION OUTSIDE OF AN AREA WITH WI-FI, YOU SHOULD REMEMBER THAT YOUR TERMS OF AGREEMENT WITH YOUR MOBILE NETWORK PROVIDER WILL STILL APPLY. AS A RESULT, YOU MAY INCUR DATA COSTS BY YOUR MOBILE PROVIDER FOR THE DURATION OF THE CONNECTION WHILE ACCESSING THE APPLICATION, OR OTHER THIRD PARTY CHARGES. IN USING THE APPLICATION, YOU ARE ACCEPTING RESPONSIBILITY FOR ANY SUCH CHARGES, INCLUDING ROAMING DATA CHARGES IF YOU USE THE APPLICATION OUTSIDE OF YOUR HOME TERRITORY (I.E. REGION OR COUNTRY) WITHOUT TURNING OFF DATA ROAMING.