Data Security Policy

1. Introduction

1.1. and, and each electronic interface, electronic portal, cloud platforms, and application programming interfaces (together the “Unifonic Platforms”) are maintained and operated by Optimal Technology Solutions and its Affiliates (Unifonic) and enable voice, sms, email and WhatsApp communication with end users and various other solutions and features as set out on or, regardless of whether such service is provided on a trial basis, as an alpha or beta trial/preview release, or otherwise provided free of charge.

“You” or “your” means you, the user of one or more of the Unifonic Platforms, including but not limited to any legal entity with a contract of service with Unifonic for use and access one or more of the Unifonic Platforms.

This data security policy (“Data Security Policy”) relates to all data submitted by you and collected by Unifonic (“Data”).

By accessing, using the Unifonic Platforms and any of the services offered by Unifonic, you agree to be bound by this Data Security Policy, which Unifonic may amend at any time.

All capitalised terms used in this Data Security Policy shall have the same meaning as in the general terms and conditions or the Master Services Agreement as provided by the Company.

2. Data Security

You acknowledge and agree that:

all Data will be (i) collected, stored, processed, and/or transferred in accordance with the Applicable Law applying to such Data, and (ii) to the extent necessary to deliver the Service transferred to third parties;
you have sole responsibility for the accuracy, quality, integrity, legality, reliability and appropriateness of all Data;
the Services rely on the Data, and the Company shall not be liable for the content of any Data; and
the Company does not assume any duty or obligation to correct or modify Data.

You warrant and represent to the Company that:

you have full authority and have obtained all necessary approvals and/or consents that are required under Applicable Laws to provide the Data to the Company and for the Company to use the Data to perform the Services;
you have implemented and will continue to maintain administrative, physical and technical safeguards that:
meet industry standards given the sensitivity of the Data;
are compliant with Applicable Laws; and
are designed to prevent any unauthorized access, use, processing, storage, destruction, loss, alteration or disclosure of Data.

On the discovery of any unauthorized use or disclosure of Data in relation to your Unifonic Account; and/or the Unifonic Platform, you will immediately notify the Company of such incident, and promptly take appropriate actions in compliance with Applicable Laws to address and remedy such incident.

The Customer shall own all right, title and interest in and to the Data to the extent allowable by Applicable Law. The Company shall retain Data only pursuant to its data retention policies, except to the extent required by the Applicable Laws in the event that there is a discrepancy between the two.

The Company will collect, process, and transfer the Data in accordance with Applicable Laws and any data processing policy that it maintains.

Notwithstanding anything to the contrary, the Company shall have the right to collect and analyse Data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (the “Service Generated Data”), and the Company will be free to (i) use such Service Generated Data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services, and (ii) disclose such Service Generated Data solely in aggregate or other de-identified form in connection with its business.

The Company shall at all times:

only process Data in accordance with Applicable Laws;
implement and maintain appropriate technical and organizational measures to protect Data against accidental, unauthorized or unlawful destruction, loss, alteration, disclosure or access;
promptly provide such information, co-operation and assistance as you may require in relation to the fulfilment of your obligations to, and requests from, data subjects’, supervisory authorities and/or to ensure compliance with Applicable Laws;
immediately notify you if it, its employees, agents or sub processors suspects or becomes aware of any suspected, actual or threatened occurrence of any data or security breach, misuse or unauthorized use of Data;
not permit any processing of Data by any third party without your prior written consent;
immediately, once the Company’s processing of Data is no longer required, either securely and permanently delete or securely return all Data to the Customer.

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