TELKO Privacy Policy

This privacy policy applies to all personal data collected by Telko via the internet. Telko recognises the importance of your privacy, and that you have a right to control how your personal data is collected and used. We know that providing personal information is an act of trust and we take that seriously. Unless you directly give us consent to do otherwise, Telko will only collect and use your personal data as set out below.

1. Scope and Applicability

        The scope of this Privacy Policy applies to Telko and any of our affiliates with whom we may share Personal Data, and encompasses all of our Services (operated offline,            online, or both) including services made available through the Telko Platform (which includes websites, applications, and online service—collectively referred to as the              “Services” and when you otherwise interact with us, such as through our customer service channels.

2. Data Controller and Data Protection Officer

        Telko is the data controller and is responsible for your personal data. We have appointed a data protection officer (DPO) who is responsible for overseeing questions in               relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact the DPO using                  the details set out below:

        Email address: bulksms@telko-ms.com 

        Telephone Number: 081-2222-2000

3. Changes to The Privacy Policy

        We keep our privacy policy under regular review. This version was last updated on 1/12/2023. We may amend this privacy policy at any time by publishing a revised                version of our Product. The revised version shall become effective 7 days after publication.

        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.

4. The Information we collect from all Users

        a. Information that you give to us: This is the information that you choose to provide and/or that enables Users to be personally identified.

        i. We collect and use any information you supply when you interact with any of our touch points. When you open an account with us, you share details like your                           names, email address, phone number, and incorporation document (for corporate bodies).

        ii. Information you give us through the in-app chat so we can help you.

b. Information we automatically collect: We also automatically collect certain technical data that is sent to us from the computer, mobile device and/or browser through which         you access the Services ("Automatic Data"). Automatic Data, includes without limitation, a unique identifier associated with your access device and/or browser (including, for         example, your Internet Protocol (IP) address) characteristics about your access device and/or browser, statistics on your activities on the Services, information about how you         came to the Services and data collected through Cookies, Pixel Tags, Local Shared Objects, Web Storage and other similar technologies. You can find out more information             about how we use Cookies and other similar tracking technologies in Cookies clause. When you register for the Services or otherwise submit Personal Data to us, we may         associate other Non-Personal Data (including Non-Personal Data we collect from third parties) with your Personal Data. At such instance, we will treat any such combined         data as your Personal Data until such time as it can no longer be associated with you or used to identify you.

c. Other Webform Data (information collected when you engage with us through our webforms, surveys and questionnaires, blogs, discussion forums, or live chat).

        i. Identity Data, which includes [first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender].

        ii. Technical Data, which includes [internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and                 versions, operating system and platform, and other technology on the devices you use to access this website].

        iii. Usage Data, which includes [information about how you use our website, products and services].

        iv. Marketing and Communications Data, which includes [your preferences in receiving marketing from us and our third parties and your communication preferences].

5. Aggregated data

        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 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 policy.

6. Special Categories of Personal Data

        We do not 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/or information about criminal convictions and offences.

7. Failure 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 product or service         you have with us but we will notify you if this is the case at the time.

8. Our Uses of Personal Data

        We use Registered User Personal Data to:

a. Operate and provide you with the Services: We use information to improve our products and services. We may use your personal data to make our website, apps and         products better. We might use your personal data to customize your experience with us.

b. Communicate with you and send you marketing communications: We may use information to respond to your requests or questions. For example, we might use your personal         data, such as your email address, to respond to your customer questions or feedback.

c. We may use information for security purposes. We may use information to protect our company, a client, and/or our website and apps.

d. Analyze your preferences, interests and behavior in order to provide you with tailored content and the most relevant content and communications;

e. Enforce our Terms and Conditions, enforce our legal rights, comply with applicable law, and respond to government and legal requests.

f. To determine demographics of platform usage

g. We may use Personal data for promotional purposes. For example, we might provide you with information about new features, updates, new products or special offers from         time to time.

9. Lawful Basis for Processing. 

        The Nigerian Data Protection Act 2023 (NDPA) requires that we have a lawful basis for processing your personal data. At least one of the following lawful bases must apply         before we process your personal data:

a. CONSENT: where you have given consent to the processing of your Personal Data for one or more specific purposes;

b. CONTRACT: We collect certain data from you to fulfil the contract we have with you, or to enter into a contract with you. We use this data to:

        i. Give you the services we agreed to in line with our Terms and Conditions.

        ii. Send you messages about your account and other services you use if you get in touch, or we need to tell you about something. 

        iii. Exercise our rights under contracts we’ve entered into with you, like managing, collecting and recovering money you owe us. 

        iv. Investigate and resolve complaints and other issues.

c. LEGAL OBLIGATION: where processing is necessary for compliance with a legal obligation to which we are subject (e.g., for compliance with criminal laws); and

d. LEGITIMATE INTERESTS: where the processing is necessary for the purposes of the legitimate interests pursued by us or by a third party, not overridden by your interests or         fundamental rights and freedoms (e.g., for product development and analytics purposes).

10. How do we get your consent?

        a. Your consent is given when you voluntarily surrender your information to us to facilitate the provision of our services to you.

        b. You are also consenting to our processing of your personal data when you log on our website, or subscribe to our email alerts, or when you provide us with your personal                 data to enable you participate at our events, receive information from us.

        c. If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your express consent, or provide you with an opportunity                 to say no.

11. How can you withdraw your consent?

        If after providing us with your information, you change your mind, you may withdraw your consent to our continued collection, use or disclosure, or otherwise processing of         your information, at any time, by contacting us at bulksms@telko-ms.com.

        Please note that such withdrawal of consent shall not affect the lawfulness of processing based on consent before withdrawal.

12. How We Share Personal Data

        Telko shares and discloses Personal Data to other parties as needed to provide our Services and operate our business. The categories of other parties (third parties) with         whom we may share personal data include:

        a. Affiliates and Subsidiaries— Telko may share your Personal data with affiliates and subsidiaries.

        b. Service Providers—We may share the personal data that you have provided us with certain third-party services, including payment processors, web services providers,                 developers, security and storage service providers, analytics service providers, and providers used to analyze our websites’ and applications’ functionalities.

        c. Business Services—We may share any category of Personal Data with our business services providers in the operation of our business and facilitation of the Services,                 including agents, auditors, financial institutions, and professional advisors.

        d. Corporate Activities—We may share any category of Personal Data with other companies or entities as part of any reorganization, merger, sale, joint venture, assignment,                 transfer, or other disposition of all or any portion of our business, assets, or stock. In such case your Personal Data may be transferred to the potential or actual acquirer,                 successor, or assign.

        e. Government and Legal—We may share any category of Personal Data with other parties, including public authorities, as may be required by applicable law, regulation, or                 legal process.

                Note that Telko will not rent, sell, or share information about you with other people or non-affiliated companies.

13. Data Retention and Disposal

        We will only retain personal data on our servers for as long as is reasonably necessary as long as we are providing Services to you. Your personal data is kept on our servers         after you close your Account to the amount required to meet regulatory requirements and for monitoring, detecting, and preventing fraud. Where we retain your personal         data, we do it in accordance with any applicable legal limitation periods. Generally, we will only retain your data for a maximum period of 2 years, except you exercise your         right of deletion of your personal data.

We may retain your personal data for a longer period:

        a. In the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

        b. 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.

        c. Details of retention periods for different aspects of your personal data are available in our retention policy which you can request from us by contacting us.

        d. In some circumstances you can ask us to delete your data: see your legal rights below for further information.

        e. In some circumstances, we will anonymise your personal data so that it can no longer be associated with you for research or statistical purposes, in which case we may                 use this information indefinitely without further notice to you

14.    Your Legal rights

            You have the following rights under the data protection legislations:

a. right to request information from us on how your personal data is processed

b. right of access to your personal data in our custody

c. right to withdraw your consent to us processing your personal data at any time

d. right to object to our processing of your personal data

e. right to request erasure or deletion of your personal data in our custody

f. right to ask that our processing of your personal data is restricted in certain circumstances

g. right to request rectification of your personal data in our custody

h. right to request us to transfer your data to another entity electronically

i. right to lodge a complaint to the regulator—The Nigeria Data Protection Commission.

15. 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.

16. The Services are not intended for Children.

Our Services are meant for use by adults only. We do not knowingly collect personally data from children under 13 years. 

17. Log Files

Telko follows a standard procedure of using log files. These files log visitors when they visit our website or app. All hosting companies do this and this is a part of hosting services analytics. The information collected by log files include your Internet Protocol (IP) addresses, browser type, Internet Service Provider (ISP), date and time stamp, referring/exit pages, and possibly the number of clicks. These are not linked to any information that is personally identifiable. The purpose of the information is for analyzing trends, administering the site, tracking users’ movement on the website, and gathering demographic information.

18. Cookies and Web Beacons

Like any other website, Telko uses 'cookies'. These cookies are used to store information including visitors' preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users' experience by customizing our web page content based on visitors' browser type and/or other information. 

You have the right to decide whether to accept or reject cookies on our website. You can also exercise your cookie rights by setting your preferences in the Cookie settings in your browser to disable cookies altogether. Most web browsers can be set to disable the use of Cookies. You can usually find these settings in the “options” or “preferences” menu of your browser.

However, if you disable Cookies on our website, you may not be able to access functionality on our Website correctly or at all.

You may also clear cookies from your computer via your web browser settings. You may also wish to use a Google Analytics opt-out web browser add-on. Information on this option is available at: http://support.google.com/analytics/bin/answer.py?hl=en&answer=2700409 

Third Party Privacy Policies

Telko's Privacy Policy does not apply to other advertisers or websites. Thus, we are advising you to consult the respective Privacy Policies of these third-party ad servers for more detailed information. It may include their practices and instructions about how to opt-out of certain options. You can choose to disable cookies through your individual browser options. To know more detailed information about cookie management with specific web browsers, it can be found at the browsers' respective websites.

19. Third-Party Sites, Blogs, and Social Media

Our website may include links to other websites whose privacy practices may differ from ours. When you use a link to go from our website to an unaffiliated website, the privacy policy of the other website will apply.

20. Transfers of Personal Data.

We may need to transfer your Personal Data outside of the country from which it was originally provided. This may be Telko or third parties that we work with who may be located in jurisdictions outside Nigeria, the EEA, Switzerland and the UK which have no data protection laws or laws that are less strict compared with those in Europe. Whenever we transfer Personal Data outside of the EEA, Switzerland or the UK, we take legally required steps to make sure that appropriate safeguards are in place to protect your Personal Data. Such transfers will be made pursuant to the standard data protection clauses adopted/approved by the Nigerian Data Protection Commission. In the event that the Commission or courts determine that the transfer mechanism above is no longer an appropriate basis for transfers, Telko and customer shall promptly take all steps reasonably necessary to demonstrate adequate protection for the Personal Data, using another approved mechanism.

21. Data incident Notifications.

In cases where we are a data controller over data accessed in an unauthorized manner and such breach is likely to result in a high risk to the rights and freedom of a data subject, we will immediately notify the affected users directly and also notify the Commission within the statutorily stipulated period of 72 hours.

22. General Data Protection Rights for EEA, UK, Swiss Users.

We would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:

a. 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.

b. The right to rectification - You have the right to request that we correct any information you believe is accurate. You also have the right to request that we complete the information you believe is incomplete.

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

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

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

f. If you make any request, we have a month to respond to you. If you would like to exercise any of these rights, please contact us.

The GDPR requires us to tell you about the legal ground we're relying on to process any personal data about you. The legal grounds for us processing your data include:

i. You provided your consent;

ii. It is necessary for our contractual relationship.

iii. The processing is necessary for us to comply with our legal or regulatory obligations; and/or

iv. The processing is in our legitimate interest to fulfill our service as an event organizing, content providing, and ticketing platform (for example, to provide you with customer service, and to protect the security and integrity of our systems, etc.)

23. For Nigerian Users.

We shall comply with the provisions of the Constitution of the Federal Republic of Nigeria 1999 (as amended), the Nigeria Data Protection Act 2023, The Federal Competition and Consumer Protection Act 2019, Cybercrimes (Prohibition, Prevention) Act 2015, National Identity Management Commission Act, 2007, National CyberSecurity Policy and Strategy 2021 and all other relevant laws, legislations and regulations in collecting, storing, using and sharing data of Users of our website.

24. For European Users

For European Users Data Protection Laws. If you are a resident of the European Union (“EU”) or Switzerland, you are entitled to certain protections under the EU’s General Data Protection Regulation (“GDPR”) and/or other applicable laws (collectively, the “Data Protection Laws”), and this section applies to your use of the Services. As used in this section, the terms “processing,” “processor,” “controller” and “personal data” have the meaning given to them in the Data Protection Laws.

25. Dispute with Us

1. Contact Us: If you have a complaint about Telko’s privacy practices you should get in contact with our Data Protection Officer via bulksms@telko-ms.com. We will take reasonable steps to work with you to attempt to resolve your complaint. 

2. Time limit To Respond: We try to respond to all legitimate requests within 30 days. Occasionally it could take us a longer period to process your request. If we require more time, we will inform you of the reason and extension period in writing. Please note that requests are subject to appropriate verification before processing.

3. Telko and the disputing party shall seek to resolve the dispute amicably by using Alternative Dispute Resolution (‘ADR’) procedure acceptable to both parties before pursuing any other remedies available to them.

26. Complaint to Supervisory Authority

As part of exercising your data privacy rights against us, you can make a direct complaint to the National Commissioner under the Nigerian Data Protection Act, 2023. You can find the contact details here: _________________

If you are a resident in the EEA and you believe we are unlawfully processing your personal data, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: https://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm 

If you are a resident in the UK, the contact details for the data protection authority is available here: dpo@ico.org.uk 

If you are a resident in Switzerland, the contact details for the data protection authorities are available here: https://www.edoeb.admin.ch/edoeb/en/home.html

27. Contacting Telko

If you have any further questions regarding our privacy policy, please contact us to let us know at: bulksms@telko-ms.com  and +081-2222-2000

This privacy policy was last updated on 01/12/2023