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2.1. “Personal data”, or “personal identifiable information”, means any information about an individual, both natural and juristic entities, from which that entity can be identified. It does not include data where the identity has been removed (anonymous data). For compliance with GDPR, personal data does not include that of juristic persons.
2.2. We may collect, use, store and transfer (“process”) different kinds of personal data about you which we have grouped together as follows:
2.2.1. Identity Data including first name, last name, ID number, username or similar identifier (where applicable), title, date of birth and gender, company name, company registration number and VAT number;
2.2.2. Account Data including an Account name or username, Account status (including available Services-credit and Service-use features where applicable), your onward client contact details (for sending out campaigns to them – but for which Mobiz is not the Data Controller), and Account use information (information on how you use your Account);
2.2.3. Contact Data including email address/es, social media contact details, physical address/es and telephone numbers;
2.2.4. Financial Data including bank account details, payment details, third-party payment provider information and payment card details (which we do not store but merely provide to our authorised third-party payment/other providers);
2.2.5. Transaction Data including details about payments to and from you, contracts, contractual terms, contract fees, signups, credits you have with us, subscriptions, shareholding, invoices and other details of products and Services you have obtained from us or provide to us;
2.2.6. Social Media Data including all information accessible on your publicly available profile such as images, photos, photo tags, likes, followers, comments, posts and stories;
2.2.7. Technical Data including a user’s IP address, login data, browser type and settings, device type and settings, operating system, mobile network information and activity data relating to your interaction with our website/application and services such as data, time, URLs of your requests;
2.2.8. Investor Data including investor names, contact details, company information, investment terms and information requests;
2.2.9. Device & Service Data including information about who is logged into/using an Account or device, hardware, software metrics (such as CPU or memory usage) or security status;
2.2.10. Usage Data including information about how you use our company, Website, surveys, events, newsletter, blogs and/or Services, as well as including your click-through rates and time spent on our or other platforms; and
2.2.11. Marketing & Communications Data including your preferences in receiving notices and marketing from us and our third parties and your communication preferences.
2.3. We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity in any way. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific Website/Service feature, or Device and Service Data to analyse and understand device, server or workstation status. 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 Policy.
2.4. 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 our Services or provide you access to our various Website platforms).
3.1. We use different methods to collect data from and about you, including through:
3.1.1. Direct interactions: You may give us your Identity, Contact, Technical, Financial, Investor, Usage, Marketing & Communications, Social Media, Device & Service, Account and/or Transaction Data by filling in various Mobiz forms when contracting with us and/or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
3.1.1.1. use our Services (e.g. register for an Account);
3.1.1.2. use our Website;
3.1.1.3. contract with us;
3.1.1.4. use a service that forms part of our technology stack or tools;
3.1.1.5. consult or engage with us;
3.1.1.6. invest in Mobiz;
3.1.1.7. provide us with your services;
3.1.1.8. complete forms;
3.1.1.9. sign-up for newsletters;
3.1.1.10. interact with us via webinar or social platform group, such as a Meta; group
3.1.1.11. subscribe to any of our publications;
3.1.1.12. request information to be sent to you; or
3.1.1.13. give us some feedback.
3.1.2. Automated technologies or interactions: As you interact with our various IT tools, technology stack and/or Website, we may automatically collect Technical, Account, Device & Service and Usage Data about your equipment, browsing actions and patterns. We may collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies.
3.1.3. Third parties or publicly available sources: We may receive personal data about you from various third parties and public sources as set out below:
3.1.3.1. analytics providers such as Google Analytics, Google AdWords, Google Tag Manager, HotJar, Intercom, Webflow and Zapier;
3.1.3.2. marketing providers such as HubSpot, LeadPages, AppSumo, and MailChimp;
3.1.3.3. survey and review providers such as G2, Capterra, TrustRadius, Software Advice, ProductHunt, SourceForge and Crunchbase;
3.1.3.4. social media networks such as Meta, Twitter and LinkedIn;
3.1.3.5. providers of technical, payment and or IT services such as Chargebee, Quickbooks, Stripe, Ozow and Peach Payments; and/or
4.1. We will only use your personal data when the law allows us to and for legitimate reasons, which you hereby expressly understand and consent to. Most commonly, we will use your personal data in the following circumstances:
4.1.1. where we have your express consent to do so (where your acceptance of this Policy constitutes your informed and active consent);
4.1.2. where we need to consult with you or perform on the Services contract we are about to enter into or have entered into with you;
4.1.3. where it is necessary for our legitimate company interests (or those of a third party) and your interests and fundamental rights do not override those interests; and/or
4.1.4. where we need to comply with a legal or regulatory obligation.
4.2. Purposes for which we will use your personal data:
4.2.1. 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, and which External Third Parties your personal data is handed to for same reasons.
4.2.2. 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.
4.2.3. The third parties to whom we may provide your data are numerous/dynamic therefore we have not provided a static list herein. Accordingly, a data subject can contact us any time to obtain a complete list of all third parties to whom we may provide their data.
4.2.4. Marketing
4.2.4.1. You will receive marketing communications from us if you are under contract with us or have accepted our Privacy Policy (and are hence our “data subject”).
4.2.4.2. We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. To manifest your rights attached to any marketing sent to you, please use the in-built prompts provided on those communications, or contact us.
4.2.4.3. We will NEVER knowingly sell or transfer your data to an unrelated third-party person or company for their marketing purposes.
4.2.5. Change of Purpose
4.2.5.1. 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.
4.2.5.2. 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.
4.2.5.3. 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 national law.
5.1. We may have to share your personal data with the parties set out below for the purposes set out in the table above.
5.1.1. Internal Third Parties as set out in the Glossary;
5.1.2. External Third Parties as set out in the Glossary;
5.1.3. Specific third parties possibly listed in the table above; and/or
5.1.4. In certain instances when there may be a corporate transaction such as an instance where Mobiz is acquired by, transferred to, be subject to a mirror-capitalisation structure or merged with another company, or where we sell, liquidate or transfer all or a portion of our assets, we may transfer your information to those service providers, advisors, potential transaction partners, liquidators, or other third parties in connection with the potential transaction, negotiation or completion of the corporate transaction, but they will all be subject to, and have a duty to manifest, the obligations and conditions detailed herein.
5.2. 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 and standards.
6.1. The Website may make use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which we may use) to recognise repeat users, facilitate the user’s on-going access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the Website operator to improve the functionality of the Website and its content, and to display more focused advertising to a user by way of third party tools, amongst other things.
6.2. The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Please note that cookies may be necessary to provide you with certain features available on our Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website will therefore be limited. If you do not disable “cookies”, you are deemed to consent to our use of any personal information collected using those cookies, subject to the provisions of this Policy and our other policies or terms.
7.1. Due to the very nature of our multinational organisation relying on internet-based service-provision and international group-divisions to bring you our Services, we have to share your personal data within the Mobiz group of companies, and this may involve transferring and processing your data outside of the USA, but each such company will be subject to the exact same or better standards of data protection that we apply hereby. On application to us, we can detail which exact group company has access to your personal data and for what purpose.
7.2. Whenever we transfer your personal data out of either territory, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
7.2.1. We will always have a contract in place covering the processing of data and service-provision between the parties; and
7.2.2. We will only provide your personal data to an entity that processes personal information at standards equal to or better than ours; or
7.2.3. We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Information Regulator’s office; or
7.2.4. Where we use certain service providers, we may use specific contracts/clauses approved by the European Information Regulator’s office which give personal data the same protection it has in the EU.
7.3. Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of USA.
7.4. The information we collect resides in the Western EU territories and the United States of America.
8.1. 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 by using enterprise-grade security functionality. In addition, our data is encrypted at rest and in transit using secure protocols. Further, we make use of geo-redundant storage to ensure high availability even in the event of a regional outage and limit access to your personal data to those employees, agents, contractors and other third parties who have a legitimate need to know - they will only process your personal data on our instructions and they are subject to a duty of confidentiality.
8.2. 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.
9.1. 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.
9.2. 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, any other applicable law requiring us to retain the data and whether we can achieve those purposes through other means, and the applicable legal requirements.
9.3. Details of retention periods for different aspects of your personal data are available from us by contacting us.
9.4. In some circumstances you can ask us to delete your data; see below for further information.
9.5. In some circumstances we may 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.
10.1. Under certain circumstances, you have rights under data protection laws in relation to your personal data where we are the relevant “Responsible Party” over such personal data. Please contact us to find out more about, or manifest, these rights:
10.1.1. request access to your personal data;
10.1.2. request correction of your personal data;
10.1.3. request erasure of your personal data;
10.1.4. object to the processing of your personal data;
10.1.5. request a restriction of processing your personal data;
10.1.6. request transfer of your personal data; and/or
10.1.7. right to withdraw consent.
10.2. You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
10.3. 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.
10.4. We try to respond to all legitimate requests within 1 (one) month. Occasionally it may take us longer than a month 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.
11.1. Lawful Basis
11.1.1. Legitimate Interest means the interest of our company in conducting and managing our company to enable us to give you the best service and the 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.
11.1.2. Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party (e.g. to receive your communications or services) or to take steps at your request before entering into such a contract.
11.1.3. Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to (such as tax laws).
11.1.4. Express consent means the confirmed express consent you have provided to our processing of your personal data by actively accepting this Privacy Policy.
11.2. Third Parties
11.2.1. Internal Third Parties means other entities or parties in the Mobiz group acting as joint controllers or processors and who are based in USA/EU and provide IT and system administration services and undertake reporting.
11.2.2. External Third Parties means:
11.2.2.1. Authorised third-party service providers under contract with Mobiz who need your personal information in order to contact and transact with you pursuant to your use of our Services (such as banks, lawyers, technical support, accountants);
11.2.2.2. specific third parties who have been identified in the table above;
11.2.2.3. service providers acting as processors based in Western EU territories and the United States who provide IT and system administration services;
11.2.2.4. South African or other national governments and/or their respective authorities pursuant to our adherence with anti-corruption and crime-fighting legislation; and/or
11.2.2.5. professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in USA who provide consultancy, banking, legal, insurance and accounting services as required.
11.3. Your legal rights
You have the right to:
11.3.1. 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.
11.3.2. 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.
11.3.3. Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no valid 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 communicated to you, if applicable, at the time of your request (most commonly being other national laws requiring us to continue to process your personal data for a lawful, prescribed reason).
11.3.4. 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.
11.3.5. 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:
11.3.5.1. if you want us to establish the data’s accuracy;
11.3.5.1. where our use of the data is unlawful but you do not want us to erase it;
11.3.5.1. 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; or
11.3.5.1. you have objected to our use of your data, but we need to verify whether we have overriding legitimate grounds to use it.
11.3.6. 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 on a contract with you.
11.3.7. 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 Website access or Services to you. We will advise you if this is the case at the time you withdraw your consent. Please take note that regardless of your right to withdraw consent under the GDPR and POPI, othe US and/or other applicable foreign legislation applies and may require that we continue to process your data in order to comply with anti-corruption, crime-fighting and/or other national legislation, which you expressly understand and agree to.
1.1. Purpose of this Privacy Policy
1.1.1. This Privacy Policy aims to give you information on how Mobiz collects and processes your personal data through any form of your engagement with Mobiz, such as when you provide your third-party services to us, or correspond with us, invest with us, use our Services as a client, access or use the Website, or provide us with your personal information in any other way (such as when participating in surveys, participating in events or signing up for newsletters).
1.1.2. This Privacy Policy complies with, and facilitates the obligations required from, the European Commission’s General Data Protection Regulation, 2016/679 (“GDPR”) as amended.
1.1.2.1. The terminology used throughout this Policy will be those defined terms as per the GDPR, but must be read to include the relevant comparable position/role as defined by POPI.
1.1.2.2. Data subjects with citizenships from jurisdictions other than of EU, please note that Mobiz complies with all data protection laws and GDPR when processing your personal information pursuant to the Services. Should other foreign data law be applicable in any regard to your use of the Services and/or the Website in any way, including how we may process your personal information, please contact Mobiz at legal@mobiz.co who will gladly engage you on its application and your rights.
1.1.2.3. Data subjects subject to the Californian Consumer Privacy Act, 2018 (“CCPA”), Virginian Consumer Data Protection Act, 2021 (“VCDPA”), Nevada’s Nevada Revised Statutes Chapter 603A, 2017 (“RSC”) and the Colorado Privacy Act, 2021 (“CPA”) can also manifest their CCPA, VCDPA, RSC and CPA rights with Mobiz, which are all already catered for as per our compliance with both POPI and the GDPR. That being said, we will gladly engage you on any further rights/obligations not already catered for.
1.1.3. It is important that you read this Privacy Policy together with any other privacy policy or fair processing notice we may provide on specific occasions when we are collecting or processing personal data, so that you are fully aware of how and why we are using your data. This Policy supplements the other notices and is not intended to override them. Mobiz may amend this Policy from time to time. The amended Policy will become effective from the publication date and on the date Mobiz publishes the Policy at this location. Your continued access or use of the Website or our Services constitutes your consent to this Policy, as amended. You agree that notice on mobiz.co is adequate notice.
1.1.4. As a Data Controller, we never intentionally process the data of minors. Do not provide us with any such personal data, where the provision of same will constitute an immediate and automatic material breach of this Policy and our Terms. If you learn that your/a minor child has provided us with personal information without your/relevant consent, please let us know by sending an email to legal@mobiz.co. If we discover that we have unintentionally collected information about a minor, Mobiz will take immediate steps to delete that information as soon as possible.
1.2. Roles as “Data Controller” or “Processor”
1.2.1. Mobiz is the “Data Controller” (as defined in the GDPR) and is responsible for your personal data in instances where we decide the processing operations concerning your personal data as well as dictate the main purposes for its processing. This term is the equivalent to a “Responsible Party” under POPI.
1.2.1.1. As required, this Policy only details Mobiz’ data processing as a Data Controller, and not as a Processor for another third party.
1.2.2. We have appointed a Data Protection Officer (“DPO”) at Mobiz 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.
1.2.3. Should we be required to access and/or process any data from your/a third-party Data Controller’s own data subjects, we will operate as a “Processor” (as defined in the GDPR) to you/that third party as the Data Controller, where we will have a data processing agreement between us to dictate the processing functions and obligations we adhere to. In that context, the Data Controller providing us with such data and related Processor functions will be liable to their data subjects whose data we process, and we will direct all enquiries from such data subjects about our processing allowances to the relevant Data Controller to manage.
• Full name of legal entity: Mobiz Group
• Name of DPO: Shih-Feng Clark Lin
• Email address: legal@mobiz.co
• Postal address: 11720 Amber Park Dr. Alpharetta, GA, 30009
• Telephone number: +1 855 610 0518
1.3. Changes to the Privacy Policy and your Duty to Inform us of Changes
1.3.1. This Privacy Policy version was last updated on 16 February 2022 and historic versions are archived and can be obtained by contacting us.
1.3.2. It is important that the personal data we hold about you is accurate and current at all times. Please let us keep your personal information updated by contacting us should any of your personal information change. We will not know if your personal information changes without you telling us, so please let us know immediately should changes occur. Mobiz will not be liable for any incorrect personal data it may hold on/about you.
1.4. Third-Party Links on Website or otherwise
The Website and/or our various IT tools and services may include links to third-party websites, plug-ins and 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 websites/services and are not responsible for their privacy statements or terms. When you leave our Website/IT tools, or engage with such third parties, we encourage you to read the distinct privacy policy of every third-party you engage with.