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PRIVACY POLICY:

BOMA

 

Pangea Media International Proprietary Limited, registration number 2017/370119/07, a private, limited liability company duly incorporated in accordance with the laws of the Republic of South Africa (“Pangea”, “us”, “we”) are committed to respecting your privacy and protecting your personal information. 

 

This privacy policy sets out: 

  • how we collect, use and process your personal information and the measures we use to protect it. We strive to ensure that the way in which we collect and use your personal information is lawful and reasonable, in compliance with legislation and ultimately with the goal of improving our services to you and your experience of the Boma Service;
  • the ways in which you can exercise control over your personal information; and
  • how we use cookies and other technology in our offerings to you.

Please read this policy in full so that you can understand how we rely on your personal information to create the best user experience for you. 

Should you have any questions regarding the processing of your personal information by us, please contact our information officer at support@boma.tv.

 

1. DEFINITIONS

Where they are used in this privacy policy, the following words will have the meanings set out below: 

  • “personal information” - information relating to a specific natural or juristic person, which can be used to identify such a person, including, without limitation information about race, gender, sexual orientation, age, finances, any identifying number, symbol, email address, biometric information, personal opinions and preferences of a person and the like;
  • “process" and “processing” - any activity, whether automated or not, relating to personal information such as the collection, receipt, recording, storage, modification, retrieval, organisation, erasure or destruction thereof; and
  • terms in capitalised form in this privacy policy such as, by way of example, “Access Device”, “Content”, “Payment Details” etc. shall have the meanings given to such words in the Boma T&Cs.

 

2.  WHAT INFORMATION WE COLLECT AND HOW 

  • We may collect personal information about you in several ways, including when you download the Boma App, use the Boma Service or register a Boma Account; you access, download or stream any of the Content (including your selection of Content); when you contact our support Centre; when you participate in a marketing or promotional activity; or when you submit your personal information to us for any other reason. We may also receive your personal information from third parties who have obtained it from you and to whom you have given permission to share it or who are otherwise entitled to share it by operation of law. 
  • The categories of personal information we collect include:
  • your basic account and contact information; 
  • your Payment Details; 
  • your preferences, user profile and activity on your Boma Account, using the Boma App and the Boma Service and your selection of Content; 
  • support services information relating to your interactions with our support centre such as the date, transcripts of the conversation and emails; 
  • information collected and stored via the use of cookies, web beacons, advertising IDs and other technologies which may not be apparent to you in your use of the Boma Service and Boma App; 
  • device and browser information relating to the device or browser used to access the Boma Service such as unique device identifiers, Ip address, type, model, settings and operating system; 
  • information necessary to verify your country of residence and the country from which you are accessing the Boma Service; 
  • location information when you use the Boma App, Boma Service or which we may determine on the basis of your MSISDN or internet protocol address or via similar technology; and 
  • user research information where you may interact with surveys (at your election) to evaluate your experience of the Boma Service, Boma Website and/or Boma App.

 

3.  CONSENT TO COLLECTION AND PROCESSING OF YOUR PERSONAL INFORMATION

By downloading, installing, accessing and/or using the Boma App, Boma Website or Boma Service, you are also agreeing to this privacy policy.  In doing so, you consent to our use of your personal information as and for the purposes set out in this privacy policy, in particular at clause 4 below.  If you want to withdraw your consent at any time or would like us to stop using your personal information for any reason, please contact our information officer at support@boma.tv.  Please note that we can only stop using your personal information to the extent that it is not critical to our ability to provide the Boma Service to you.  If you withdraw your consent, for any reason, we will only continue to use and process your personal information to the extent (and in the manner) permitted by applicable laws.  

 

4.  PURPOSES FOR WHICH YOUR PERSONAL INFORMATION MAY BE PROCESSED 

  • we use the personal information we receive and collect generally for the purpose of providing, promoting, maintaining personalising and improving our services to you, to develop new services and to protect our rights and the rights of third parties who provide the Content to us as well as to protect our other users from fraudulent or illegal activity. 
  • specific purposes for which we process your personal information include: 
  • to establish and maintain your Boma Account, authenticate your identity when accessing the Boma Account, Boma Service or Boma App; 
  • to personalise your experience of the Boma Service and Boma App and the Content; 
  • for settlement of Subscription Fees and other payments due to us by you; 
  • to provide customer support services and communicate with you, including informing you about any changes to our products and services and to diagnose and deal with technical issues;
  • for marketing of our services, including through advertising tailored for individual or group needs and preferences, for example online advertising and in order to enable us to provide you with any free Content; 
  • other lawful purposes relevant to our business activities; 
  • for the purposes of the establishment, exercise and/or defence of legal claims, enforcing or investigating potential violations of our terms of use or any other actual or alleged fraudulent activities, protecting rights, property or safety of ourselves, our customers, employees and other third parties; and 
  • in order to fulfil our obligations in terms of applicable laws, including verification of the country of residence and from where the Content is accessed and reporting to the appropriate legal and regulatory authorities as are required from us in terms of applicable laws.

 

5.  DISCLOSURE TO THIRD PARTIES 

  • we may disclose your personal information: 
  • to our affiliates (which includes our holding company, subsidiaries and other entities under our control or under the same control as us) for marketing purposes and in particular when necessary for the ongoing maintenance and continued provision of our services to you; 
  • to our service providers, professional advisers and banks for the purposes of providing services to us, including processing your personal information on our behalf; 
  • to our partners who may offer access to the Boma Service on our behalf and/or partners with whom we co-operates with respect to placing the Boma App on their platforms; 
  • to the extent required by law, for example where we are under a duty to disclose your personal information to comply with a legal obligation, to establish, exercise or defend our legal rights, and to governmental agencies, security exchanges and other regulatory bodies for purposes of detecting, preventing or dealing with actual or alleged fraud, security or technical issues and to protect the rights, property or safety of members of the public. If you provide false or deceptive information about yourself or misrepresent yourself as being someone else, we are entitled to proactively disclose such information to the appropriate regulatory bodies; 
  • if we are acquired by a third party, in which case your private information held by us will be disclosed to you that third party by virtue of it becoming the new owner of a business or controlling us; and 
  • where your personal information is transferred to any place outside the borders of the country within which your Boma Account is registered, we take all legally required steps consistent with applicable European data protection legislation to ensure that the personal information is adequately protected in each such jurisdiction, in particular by basing agreements with the relevant data recipients on the standard data protection clauses adopted by the European Commission or adopted by a supervisory authority in that jurisdiction and approved by the European Commission.

 6.  STORAGE AND RETENTION OF YOUR PERSONAL INFORMATION AND SECURITY 

  • we take all reasonable technical and organisational measures to ensure the security and integrity of your personal information retained by us, using accepted technological standards to prevent unauthorised access to or disclosure of your personal information and to protect it from misuse, loss, alteration or destruction. 
  • we process your personal information during the period of your subscription and, following the end of your subscription, to the extent that the personal information is necessary for the purposes with respect to which we are permitted and/or required to process such information, but in any event no longer than for the period of expiry of any claims or for so long as we may be obliged in terms of applicable law to retain your personal information.
  •  
  • where appropriate and in so far as reasonably possible, we will encrypt, pseudonymise, anonymise and/or aggregate your personal information so that we may make use of it in a manner that avoids unnecessary linking you to the information, in the interest of protecting your privacy and enhancing security practices.

 

 7.  YOUR RIGHTS 

  • Depending on the laws of the territory in which you access the Boma Service and Boma Website or in which you use the Boma App, you have certain rights in respect of your personal information. These may include – 
  • the right to access your personal information or copies of your personal information (in a structured or commonly used format); 
  • the right to rectify errors in your personal information (which will be done free of charge, unless the request is manifestly unreasonable or excessive); 
  • the right to request that your personal information be deleted, erased or destroyed by us; 
  • the right to the object to our processing of your personal information; 
  • the right to require us to restrict the processing of your personal data; 
  • the right to withdraw your consent to our processing of your personal information, at any time, provided that such withdrawal may impact on our ability to provide you with the Boma Service; 
  • the right to object to the processing of your personal information for marketing purposes; and 
  • the right to make a complaint the data protection authority in your jurisdiction. 
  • You can exercise any of these rights applicable to you in terms of the laws of your jurisdiction by contacting our information officer at support@boma.tv. You may raise a complaint about our handling of your personal information by contacting the data protection authority in your jurisdiction.

 

We may revise this privacy policy at any time and from time to time. We will notify you of any changes to this privacy policy by way of showing a pop-up notice when you access the Boma Service, by sending you an email or SMS or in another appropriate way that we decide. By thereafter continuing to access the Boma Website, Boma Service and using the Boma App, you acknowledge and agree that the changes to the privacy policy are accepted by you. The current version of this privacy policy will apply each time you access the Boma Website, Boma Service or use the Boma App. If you do not agree to the changes to the privacy policy, you must forthwith end your use of the Boma Service and the Boma App in the way set out in the Boma T&Cs which can be accessed here.