Updated: October 4, 2023
Talk Refill . and its affiliates (collectively, “Talk Refill”, “we”, “us”, or “our”) are committed to protecting your privacy and respecting your choices with respect to your personal information. This Privacy Policy (“Policy”) is applicable to personal information collected by us through our service and our website, sales and technical support via email, chat or telephone.
Our information collection practices are intended for the provision of our services. The nature of the relationship and how you interact with us determines the data collected about you. Talk Refill collects data regarding its current customers (“Customers”), potential customers (“Prospects”), website visitors (“Visitors”).
We collect this information to operate our business, provide information on our services, and manage our relationships.
An overview of the categories of information we collect is outlined below:
We collect information that you voluntarily provide, such as by signing up to our services, or consenting to our marketing communications. Additional transaction and billing information is also required when procuring Talk Refill Services.
When you register to our services, contact our customer care, and otherwise when using our services, we may collect personal information such as your name, surname, email address, location, phone number, payment information. We may also collect information created or provided by you, if your users are enabled to send SMS messages through our services. In this respect we will collect and maintain the call data (e.g., receipts, phone numbers, size, time of transmission, confirmations, etc.) and other message transmission and conversion data, which may include personal information.
We collect information when you visit our websites and use our services. This information may include, among other things: your Internet protocol (IP) address, browser type, internet service provider, referring/exit pages, operating system, date and time stamp, and clickstream data.
We collect personal information about you or your business which is publicly available, for example on your employers’ website, public professional social networking sites, the press; and relevant electronic data sources.
We may also collect personal information provided to us by third parties where such information is authorized and provided to us in connection with the relevant purposes set out in this policy.
Please note that information pertaining to other individuals and entities provided by our Customers during their use of Talk Refill services is not used by Talk Refill for any purpose outside the scope of any agreement(s) with our Customers, and remains under the ownership of Talk Refill’s Customers. Talk Refill processes Customer data including end user data under the direction of its Customers, has no direct control or ownership of the personal data it processes solely for the provision of the agreed service. Customers are responsible for complying with any regulations or laws that require providing notice, disclosure, and/or obtaining consent prior to transferring the data to Talk Refill for processing purposes.
We use collected information: (i) to provide you with our products and services; (ii) for billing, identification and authentication purposes; (iii) to administer and improve our service and website; (iv) for internal research, benchmarking and product improvement; (v) to respond to your requests and queries; (vi) perform our contractual and legal obligations we have to our customers, governmental authorities or other third parties; and (vii) for other legitimate business purposes.
We may share your personal information with third-parties for the purposes of operating our business, delivering, improving, and customizing our services, sending communications related to our business, and for other legitimate purposes permitted by applicable law or otherwise subject to your consent.
When we share Personal Information, we do so in accordance with data privacy and security requirements. We share your information with:
We may share personal data with companies that are affiliated with us (for example companies that control, are controlled by, or are under common control with us).
We engage third-party processors and subcontractors to help us provide you with the services, like Amazon Web Services for cloud hosting and related services.
Payment gateway providers, verifying or refunding transactions you make via our portal;
Fraud prevention agencies to help fight against financial crime, if requested under law;
Mobile network providers, aggregators and other referenced Businesses.
When you receive our services through other companies, we may route your in-bound and outbound communications and related information through third party mobile networks and aggregators to be able to send or receive messages. In some case, we also verify your telephone number to our Number Insight and Verify Services against third party public database providers; and depending on the relevant jurisdictions, we may obtain and disclose to our requesting Customers the information obtained from such third party and publicly available databases, which may include, without limitation, a telephone number’s validity, type (e.g.,mobile, landline, etc.), corresponding device status (e.g. whether or not it is currently available for messaging), roaming status, carrier, country of location, and whether or not the number has been ported.
We may disclose your information if we believe it’s necessary to comply with the law, such as (i) to comply with a subpoena, regulation or legal request, respond to a government request, to address fraud or security issues, to protect the safety of any person, to enforce our agreements with you, and (ii) to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing or to protect our own rights or property. This includes sharing such information with our legal counsels.
We may choose to buy or sell assets, and may share and/or transfer customer and other user information in connection with the evaluation of and entry into such transactions. Also, if we(or our assets) are acquired, merged, reorganized, or if we go out of business, enter bankruptcy, or go through some other change of control or similar event, you acknowledge and explicitly consent that personal information could be one of the assets transferred to or acquired by a third party. Any third party transfer as a result of any restructure, most uses your information for the same purposes as it was originally supplied to us and/or used by us
Information collected from other websites and Do Not Track Policy.
Our Services may contain links to other web sites or online locations that are not operated or controlled by us. If you click on a third-party link, you will be directed to that third party’s site. When utilizing a mobile network operator, aggregator, or referenced third party website or business, please review all such business’ or websites’ policies. We strongly advise you to review the privacy policy of every site or location you visit. We have no control over, and assume no responsibility for the content, privacy policies or practices of any third-party sites or services. We do not support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track by visiting the “Preferences” or “Settings” page of your web browser.
We use cookies on our website and in marketing emails to help us manage and improve our websites, your browsing experience, and the materials or information that we send to our Customers, Prospects, and Visitors, For more information on Tracking Technologies, Cookies, Advertising, and Choices please visit our Cookie Policy
This section is subject to specific disclosures on privacy rights set forth below. We are committed to facilitate the exercise of your rights granted by the laws of your jurisdiction, which may include the right to request the correction, modification or deletion of your personal information and the right to opt out of the sale of your personal information (as applicable). We will do our best to honor your requests subject to any legal and contractual obligations. If you would like to make a request, cancel your account or request we delete or no longer use your account information to provide you services, please contact us.
To manage your preferences and withdraw your consent to the use of our cookies follow this
Your rights under the European data protection Regulation (GDPR)
We only process your information when we have the legal basis to do so. That is, we will only process your personal information when:
We need it to provide you the services;
You give us consent for a specific purpose; or
It satisfies Talk Refill’s legitimate interests (which are not overridden by your data protection interests), such as for improving, marketing, and promoting the services and protecting our legal rights;
We need to process your data to comply with our legal obligations.
If you reside or otherwise find yourself in the territory of Europe, your privacy rights under the European data protection laws include:
Through this policy we explain how we use and share your information. However, if you have questions or need additional information you can contact us any time.
You may contact us to request information about the personal data we have collected from you and to request the correction, modification or deletion of such personal information, which requests we will do our best to honor subject to any legal and contractual obligations.
When we process your personal data based on your consent, you have the right to withdraw it at any time.
You have the right to object at any time to receiving marketing or promotional materials from us by either following the opt-out instructions in commercial e-mails or by contacting us, as well as the right to object to any processing of your personal data based on your specific situation. In the latter case, we will assess your request and provide a reply in a timely manner, according to our legal and contractual obligations. Some non-marketing communications are not subject to a general opt-out, such as communications about transactions and disclosures to comply with legal requirements.
You have the right to data portability of your own personal data by contacting us.
We do not make automated decisions using your personal data that may negatively impact you.
If you consider that the processing of your personal data infringes your privacy rights according the European Privacy regulation, you have the right to lodge a complaint with a supervisory authority, in the member state of your habitual residence, place of work, or place of the alleged infringement
If you are an individual located in the European Economic Area, the United Kingdom, Canada or another jurisdiction outside of Kenya with laws and regulations governing personal data collection, use, and disclosure that differ from Kenyan laws, please be aware that information we collect (including cookies and other web technologies) will be processed and stored in Kenya or in other countries where we or our third-party services providers have operations. In such cases, we have put in place organizational and legal measures to ensure that data transfers are lawfully conducted. Such measures include:
Data Processing Addendum or Agreements, incorporating the Standard Contractual Clauses (module 2 controller – processor), as approved by the European Commission on 04 June 2021 and incorporating stringent requirements of Article 28 of the EU General Data Protection Regulation 2016/679.
The Standard Contractual Clauses apply only to the Personal Data that is transferred from the EEA and/or Switzerland to outside the EEA and Switzerland, either directly or via onward transfer, to any country or recipient: (i) not recognized by the European Commission as providing an adequate level of protection for personal data (as described in the EU Data Protection Directive or its successors), and (ii) not covered by a suitable framework (e.g. Binding Corporate Rules for Processors, EU-US and Swiss-US Privacy Shield, etc.) recognized by the relevant authorities or courts as providing an adequate level of protection for Personal Data.
The Standard Contractual Clauses apply to (i) the legal entity that has executed the Standard Contractual Clauses as a Data Exporter and, (ii) all Affiliates (as defined in the Agreement) of Customer established within the EEA and Switzerland that have licensed the Service. For the purpose of the Standard Contractual Clauses the aforementioned entities shall be deemed “Data Exporters”.
For the UK data transfers the International Data Transfer Addendum to the EU Commission Standard Contractual Clauses (https://ico.org.uk/media/for-organisations/documents/4019539/internationaldata-transfer-addendum.pdf) applies since March 2022
This Statement applies solely to residents of California or individuals whose information has been collected in California. Talk Refill has adopted and included this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”). Any terms used in this Statement that are defined in the CCPA have the same meaning given therein.
California Consumer Privacy Act Disclosures. Under the California Consumer Privacy Act, effective on January 1, 2020, California residents have the right to request:
The categories of personal information we have collected about you;
The categories of sources from which the personal information is collected;
The business or commercial purpose of collecting or selling personal information;
The categories of third parties with whom we share or sell personal information;
The categories of personal information about you that we have sold; and
The specific pieces of personal information we have collected about you.
Additionally, you have the right to request deletion of your personal information, the right to opt out of the sale of your information and the right not to be discriminated against for exercising any of your CCPA rights.
In the twelve (12) months preceding the Effective Date of this Privacy Policy, we may have collected or received from you, from public sources or from third parties in connection with providing our services, information about California consumers in each of the following categories and disclosed the information to our service providers.
Identifiers such as a real name, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.
Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an Internet website, application, or advertisement.
Inferences drawn from any of the information identified in this subdivision to create a profile about a consumer reflecting the consumer’s preferences, characteristics, behavior, abilities.
Talk Refill does not sell personal information of consumers for monetary consideration under CCPA. The use of cookies and other website collection tools described in this policy may fall under the definition of “sale” of information under CCPA. This “sale” of information is not part of service and product offerings to our customers, but rather applies only to our marketing websites and our own use of cookies for website visitors.
You have the right to opt-out of any sales, as defined by the CCPA, of Personal Information by Drift. You must request that Talk Refill not sell any information you provide to Talk Refill as an individual, either upon the provision of personal information to Talk Refill or any time thereafter. Once Talk Refill receives and confirms your request, Talk Refill will refrain from selling your Personal Information.
To exercise your access, data portability, and deletion or do not sell opt-out rights described above, you may submit a verifiable consumer request by writing an email to info@talkrefill.com.
We will not discriminate against you or any other individual for exercising any of your CCPA rights. Unless and only to the extent permitted by the CCPA, Talk Refill will not (i) deny you goods or services; (ii) charge you different prices or rates for goods or services; (iii) provide you a different level or quality of goods or services; or (iv) suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
Our Services are not designed for and are not marketed to people under the age of 18 (“minors”). We do not knowingly collect or ask for information from minors. We do not knowingly allow minors to use our Services. Please contact our Privacy Office if you believe we might have information from or about a minor.
Our Services are not designed for and are not marketed to people under the age of 18 (“minors”). We do not knowingly collect or ask for information from minors. We do not knowingly allow minors to use our Services. Please contact our Privacy Office if you believe we might have information from or about a minor.
We invite you to regularly visit this Privacy Policy in order to acquaint yourself with the latest, updated version of the Privacy Policy, so that you may remain constantly informed on how collect and use personal information
© 2023 Talk Refill Limited.
