DIGICEL CALL INTERNATIONAL PRIVACY NOTICE
Publication Date: 28 May 2024.
Introduction
Welcome to the Digicel Call International Privacy Notice.
At Digicel, we respect your privacy, and we are committed to protecting your personal data and earning your trust. We have prepared this Privacy Notice to give you clarity and transparency on the ways in which 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 Call International Terms and Conditions. Terms capitalised in this document shall have the same meanings ascribed in the Terms and Conditions, unless otherwise specified.
1. Data Controller
Digicel Caribbean Limited is the Data Controller (referred to as “Digicel”, "we", "us" or "our" in this privacy notice) of data collected solely through the provision and use of the Digicel Call International Application and Services. Digicel is a company registered under the laws of Barbados with registered office at One Welches, Welches, Barbados. We are a subsidiary of the Digicel Group of Companies.
We have a Group Privacy Team responsible for handling all enquiries in relation to the privacy practices of Digicel Call International. If you have any questions about this privacy notice, including any requests to exercise 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 would 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 Call International Android and iOS applications, available only through Google Play and App Store, respectively (collectively referred hereinafter as “Application”). This includes any data you may provide through the Application when you register, utilise the Services (i.e., telephony, in-app messaging, mobile top-up transactions), are referred by a customer, take part in a promotion or competition, or get in contact with us.
If you wish to make a referral as a customer, we advise that you ensure this Privacy Notice is read, together with the Terms and Conditions, by the Referral, to ensure you have their consent for the collection and processing of their personal data before submitting their details. Further, you understand that Digicel will refer to certain aspects of your personal data provided to us to inform the Referral of how their personal data was obtained.
Our goal is for you to understand i) how we look after your personal data, and ii) your privacy rights and how the law protects you.
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 published by the Digicel Group of Companies and is not intended to override them.
Personal Data of Minors
Our Application is not intended for minors. Nonetheless, 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 inadvertently, like if they attempt to sign up for our Application. We might also collect it automatically if, through your permission or supervision, your child uses the Application or the Services offered. If you believe your child may have provided us with personal information without proper consent, you can contact us and request that we delete the information.
Third-party links
Our Application may include links to third-party 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 applications and are not responsible for their privacy statements. Where necessary, we will provide a notice and link to the third party’s notice. When you leave our Application, we encourage you to read the privacy notice of every other application and website you visit.
In-App Messaging
The Digicel Call International in-app messaging feature requires access to your device’s contacts to determine if existing phone numbers are Digicel Call International customers by looking them up in our database. We do not share or sell your contact phone numbers and only use the phone numbers for in-app messaging purposes. Contact phone numbers are only looked up and stored in our database after sending an in-app message to that phone number. Contact phone numbers and your messages are encrypted during transit and at rest. You can delete the contact phone number and message from our database by pressing on the message and selecting the ‘Delete’ option.
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 who have been deceased for less than thirty (30) 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.
Personal data is collected from all users of our Application. 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 either your relationship to us, i.e., customer, and referral (of customer), or your interaction with the Application (i.e., completing volunteered fields of text when signing up, or conducting a transaction).
* Identity Data includes first name; last name; username or similar identifier.
* Contact Data includes e-mail address and/or telephone numbers.
* Financial Data includes credit card information (applicable where you are conducting a transaction); and any other information provided for the provision of administration and billing processes.
* Technical Data includes your location/ country of access; IP address; in-app usage details; and device type/model.
* Profile/Account Data includes your login information (such as your PIN); purchase history; location; feedback and survey responses.
* Call Data includes information about how you use the Application, including records of correspondence and other communications, such as call history/logs (including destinations called, duration and costs of calls, and frequency of calls to a particular country); calls and online chats with our customer service, technical support, and sales agents.
* Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
* 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 is not 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 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).
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 allow you access to our Application and Services). In this case, we may have to reject, cancel, or terminate your use of our Application and Services but we will 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. You may give us your personal data by filling out online forms or by corresponding with us via post, phone, e-mail, or otherwise. This includes personal data you provide when you:
* download our Application;
* register or sign-up for our Application;
* interact with our Application, including making a phone call or sending an instant message;
* 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 physical locations.
* Automated technologies or interactions. As you interact with our Application, 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.
* 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 , with or upon 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 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 such as law enforcement disclosures, or meeting regulatory obligations that are subject to strict internal policies and procedures (such as retention periods).
* Where 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 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
To register you as a new customer for use of the Application
Type of data
(a) Identity
(b) Contact
(c) Profile/Account
Lawful basis for processing including basis of legitimate interest
To register you as a new customer for use of the Application
(a) Performance of a contract with you
(b) Consent
Purpose/Activity
To process and deliver our Services via the Application or to honour our contract with you, including:
(a) To verify your identity and validate your account or profile
(b) To facilitate the transmission of phone calls and instant messages across territories
Type of data
(a) Identity
(b) Contact
(c) Profile/Account
(d) Financial
(e) Transaction
Lawful basis for processing including basis of legitimate interest
To register you as a new customer for use of the Application
(a) Performance of a contract with you
(b) Necessary for our legitimate interests
(c) Consent
Purpose/Activity
To manage our relationship with you which will include:
(a) Notifying you about changes to our Application, Services, terms, or privacy notice
(b) Asking you to leave a review or take a survey
Type of data
(a) Identity
(b) Contact
(c) Profile/Account
(d) Marketing and Communications
Lawful basis for processing including basis of legitimate interest
To register you as a new customer for use of the Application
(a) Performance of a contract with you
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (i.e., to keep our records updated and to study how customers use our Services)
(d) Consent
Purpose/Activity
To enable you to partake in a prize draw, competition or complete a survey
Type of data
(a) Identity
(b) Contact
(c) Profile/Account
(d) Marketing and Communications
Lawful basis for processing including basis of legitimate interest
To register you as a new customer for use of the Application
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (i.e., to study how customers use our Services, to develop them and grow our business)
(c) Consent
Purpose/Activity
To administer and protect our business including our Services and Application (such as troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
Type of data
(a) Identity
(b) Contact
(c) Profile/Account
(d) Technical
Lawful basis for processing including basis of legitimate interest
To register you as a new customer for use of the Application
(a) Necessary for our legitimate interests (i.e., 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
(c) Consent
Purpose/Activity
To deliver relevant application content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you
Type of data
(a) Identity
(b) Contact
(c) Profile/Account
(d) Technical
(e) Marketing and Communications
Lawful basis for processing including basis of legitimate interest
To register you as a new customer for use of the Application
(a) Necessary for our legitimate interests (i.e., to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
(b) Consent
Purpose/Activity
To use data analytics to improve our Application, Services, marketing, geo-targeted communications, customer relationships and experiences
Type of data
(a) Technical
(b) Aggregated Data
(c) Marketing and Communications
Lawful basis for processing including basis of legitimate interest
To register you as a new customer for use of the Application
(a) Necessary for our legitimate interests (i.e., to define types of customers for our products and services, to keep our Application updated and relevant, to develop our business and to inform our marketing strategy)
(b) Consent
Purpose/Activity
To send reminders or make suggestions and recommendations to you about our Application and services (that may be of interest to you), i.e., sending push notifications
Type of data
(a) Identity
(b) Contact
(c) Technical
(d) Profile/Account
(e) Marketing and Communications
Lawful basis for processing including basis of legitimate interest
To register you as a new customer for use of the Application
(a) Necessary for our legitimate interests (i.e., 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 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 Application or Services and you have not opted out of receiving direct marketing communications.
Third-Party Marketing
We will 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 Application or Services.
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.
6. Disclosures Of Your Personal Data
We may share your personal data with the parties set out below for the purposes set out in Table 1 above.
* Internal Third Parties as set out at Item 11: Glossary.
* External Third Parties as set out at Item 11: Glossary.
* Specific Third Parties as set out at Item 11: 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.
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 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.
8. 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.
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 will notify you and any applicable regulator of a breach where we are legally required to do so.
9. Account Deletion & 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 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., e-mail 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.
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 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 services to you. We will 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 have 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 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, 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
Digicel Affiliates Territory
Wireless Ventures (Anguilla) Ltd. Anguilla
Caribbean Cable Communications (Anguilla) Ltd.
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
The Bermuda Telephone Company Ltd. Bermuda
Telecommunications (Bermuda and West Indies) Ltd.
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
First Communications Limited
Trend Media Limited
Diaspora Talktime Inc. United States of America
Caribbean Cable Communications (Montserrat) Limited Montserrat
Digicel (St Lucia) Limited St. Lucia
Prism Services Holdings Limited
Digicel Antilles Françaises Guyane Martinique
Idom Technologies SAS (c/o Digicel Antilles Françaises Guyane)
Digicel French Caribbean
Southern Caribbean Fiber Guadeloupe
Digicel Investments France
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
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.
Specific Third Parties
i. Specific Third Parties and their Services
Table 3: List of Specific Third Parties and their Services
Third Party Services
PayGo USA Billing and payment solution
Stripe, Inc. Payment processing software
Firebase, Inc. (c/o Google LLC) Mobile and web app development platform
Microsoft Azure c/o Microsoft Corporation Cloud server
Google Analytics (c/o Google LLC) In-app analytics
MailChimp c/o Intuit. Inc. Email marketing
SignalWire Inc. SMS and Voice APIs
Twillio Inc.
Google Cloud Platform Cloud server
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 28 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 the following means:
* Post: Digicel Caribbean Limited, One Welches, Welches, Barbados
Attention: Legal & Regulatory Department – Group Privacy & Data Protection
* Telephone: +1 (876) 619-5000
* E-mail: privacy@digicelgroup.com