Messangi Privacy Notice

Last Updated: December 11, 2024 

1. Introduction

At Messangi, we are committed to protecting your privacy and ensuring that your personal information is handled securely and responsibly. This Privacy Notice explains how we collect, use, disclose, and protect your personal information when you use our services, visit our website, or interact with us in any way.

2. How Messangi Processes Your Personal Information

When we refer to “personal information” or “personal data,” we mean any information that relates to an identifiable individual. This includes names, contact details, billing information, and any other data that can identify you directly or indirectly.

Messangi collects and processes personal information in several ways, depending on how you interact with us:

• Customer Account Data: Information we collect directly from you when you create an account, use our services, or communicate with us.
• Customer Usage Data and Customer Content: Information about your end users that we process on your behalf when you use our products and services.

Data We Collect About Our Customers

We collect the minimal amount of data necessary to provide our services effectively. This includes:

Information You Provide Directly

• Name and Contact Details: We collect your name, email address, phone number, and company name to communicate with you, provide customer support, and manage our relationship.
• Account Credentials: When you create an account, we collect login credentials, such as your username and password, to secure your account.
• Payment Information: We collect billing address and payment method details to process payments for our services. Payment information is processed securely by our payment processors.
• Verification Information: For compliance and security purposes, we may request identification documents or proof of address.
• Preferences and Personalization: Information you provide to customize your experience, such as language preferences or marketing preferences.

Information We Collect Automatically

• Device and Usage Information: We collect data about your device, including IP address, browser type, operating system, and how you interact with our website and services. This helps us improve functionality and user experience.
• Cookies and Similar Technologies: We use cookies and tracking technologies to understand how you use our website, remember your preferences, and provide personalized content. More details are provided in the Cookies and Tracking Technologies section.

Data We Collect About Our Customers’ End Users

When you use our services to communicate with your end users, we process certain personal information on your behalf:

• Customer Usage Data: This includes metadata such as phone numbers, email addresses, timestamps, message routing information, and communication logs necessary to transmit messages or calls.
• Customer Content: The actual content of the communications sent or received through our services, such as text messages, voice recordings, images, or any other data you or your end users transmit.

We process this data solely to provide the services you’ve requested and in accordance with your instructions. As a data processor, we do not control how you use this data and rely on you to ensure that you have the appropriate legal grounds to collect and process your end users’ personal information.

3. How Messangi Shares Personal Information

We value your privacy and do not sell your personal information or your end users’ personal information to third parties. We only share personal information in the following circumstances:

Service Providers

We may share your personal information with trusted third-party service providers who assist us in operating our business and providing services to you. These include:

• Payment Processors: To securely handle payment transactions.
• Cloud Hosting Providers: To store and manage data securely.
• Customer Support Platforms: To provide efficient customer service.
• Analytics Providers: To analyze website usage and improve our services.

All service providers are contractually obligated to protect your personal information and are prohibited from using it for their own purposes.

Telecommunications and Communications Providers

To facilitate communication services, we may share necessary information with telecommunications operators and other communications service providers, such as carriers and SMS aggregators. This is required to route and deliver messages or calls effectively.

Liability for Onward Transfers

Messangi may transfer personal information covered by our Data Privacy Framework (DPF) certification to third parties acting as agents on our behalf. In such cases, Messangi will ensure that any third party that processes personal data provides at least the same level of protection as required by the DPF Principles.

Under the DPF Principles, Messangi remains liable if its agent processes personal information in a manner inconsistent with those Principles unless Messangi can demonstrate that it is not responsible for the event giving rise to the damage. This means that should we transfer your personal information to a third-party agent, we take responsibility for ensuring it is handled in accordance with the DPF Principles, and we will be accountable for any failure to do so.

If Messangi does not currently transfer personal data to third parties acting as agents, please note that this policy will apply in the event that we engage such third parties in the future. In any onward transfer scenario, Messangi will maintain accountability and remain liable under the DPF Principles as described above.

 

Compliance with Legal Obligations

We may disclose your personal information if required to do so by law or in response to valid requests by public authorities, including to meet national security or law enforcement requirements. This includes:

• Compliance with Legal Processes: Responding to subpoenas, court orders, or legal proceedings.
• Protection of Rights and Safety: Enforcing our terms of service, preventing fraud, or protecting the rights, property, or safety of Messangi, our users, or others.

Business Transfers

In the event of a merger, acquisition, reorganization, or sale of all or a portion of our assets, your personal information may be transferred as part of the transaction. We will notify you of any such change in ownership or control of your personal information.

With Your Consent

We may share your personal information with third parties when we have your explicit consent to do so. This includes sharing information with partners or sponsors at your request.

Aggregated or De-Identified Information

We may share aggregated or anonymized data that does not identify you or your end users for statistical analysis, research, marketing, or other business purposes.

4. Your Choices and Means for Limiting Use and Disclosure of Personal Data

We respect your privacy rights and provide you with the following choices regarding your personal information:

Opt-Out Choices

Disclosure to Third Parties or Materially Different Uses

You have the right to choose (opt out) whether your personal information is:

• Disclosed to a Third Party: We will not disclose your personal information to third parties (other than processors acting on our behalf) without providing you with an opportunity to opt out.
• Used for Materially Different Purposes: We will not use your personal information for purposes that are materially different from the purposes for which it was originally collected or subsequently authorized by you without providing you with an opportunity to opt out.

How to Opt Out: If you wish to opt out of such disclosures or uses, please contact us at privacy@messangi.com. We provide clear, conspicuous, and readily available mechanisms for you to exercise this choice.

Opt-In for Sensitive Personal Data

For sensitive personal information (e.g., personal information specifying medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, or information specifying the sex life of the individual), we will obtain your affirmative express consent (opt in) before:

• Disclosing Sensitive Personal Data to a Third Party: Other than processors acting on our behalf.
• Using Sensitive Personal Data for New Purposes: Other than those for which it was originally collected or subsequently authorized by you through the exercise of opt-in choice.

How to Opt In: We will provide you with clear options to give your affirmative express consent when collecting sensitive personal data.

Access and Correction

You have the right to access the personal information we hold about you and request that we correct, amend, or delete any inaccurate or incomplete information, subject to certain exceptions.

How to Request Access or Correction: You can access and update certain personal information by logging into your account settings. For additional requests, please contact us at privacy@messangi.com.

Limiting Use for Marketing Purposes

If you wish to limit the use of your personal information for marketing purposes:

• Opt-Out of Marketing Communications: You may opt out of receiving promotional or marketing communications from us by:
  • Clicking the “unsubscribe” link in any marketing email you receive.
  • Adjusting your communication preferences in your account settings.
  • Contacting us at privacy@messangi.com.

Please note that you may still receive transactional or service-related communications necessary for the administration of your account.

Your Responsibilities

Please ensure that any personal information you provide to us is accurate and up to date. If you provide us with personal information about third parties (e.g., your end users), you must ensure that you have the authority to do so and that the individuals are aware of this Privacy Notice.

5. Cookies and Tracking Technologies

We use cookies and similar tracking technologies to enhance your experience on our website and services. These technologies help us understand how you interact with our website, remember your preferences, and provide personalized content.

Types of Cookies We Use

• Essential Cookies: Necessary for the operation of our website and services. They enable basic functions like page navigation and access to secure areas.
• Performance and Analytics Cookies: Collect information about how you use our website, which pages you visit, and if you experience any errors. This helps us improve the website’s performance.
• Functionality Cookies: Remember your preferences and settings to enhance your experience (e.g., language selection).
• Advertising Cookies: Used to deliver relevant advertisements to you and measure the effectiveness of our marketing campaigns.

Managing Your Cookie Preferences

You can manage your cookie preferences through:

• Our Cookie Consent Tool: Accessible via the “Cookie Preferences” link on our website, allowing you to customize your settings.
• Browser Settings: Most web browsers allow you to control cookies through their settings. You can set your browser to refuse cookies or alert you when cookies are being sent.

Please note that disabling certain cookies may affect the functionality of our website and services.

6. Global Privacy Compliance at Messangi

We are committed to complying with data protection laws worldwide. Depending on your location, you may have specific privacy rights under applicable laws.

Legal Bases for Processing

Our legal bases for processing personal information include:

• Consent: Where you have given explicit consent for a specific purpose.
• Performance of a Contract: Processing is necessary to provide the services you have requested.
• Legitimate Interests: Processing is necessary for our legitimate business interests, such as improving our services, provided it does not override your rights.
• Compliance with Legal Obligations: Processing is necessary to comply with our legal obligations.
• Protection of Vital Interests: Processing is necessary to protect your vital interests or those of another person.

Your Privacy Rights

Depending on your jurisdiction, you may have the right to:

• Access: Request access to the personal information we hold about you.
• Correction: Request that we correct any inaccurate or incomplete personal information.
• Deletion: Request that we delete your personal information under certain circumstances.
• Objection: Object to our processing of your personal information.
• Restriction: Request that we restrict processing of your personal information.
• Data Portability: Request to receive your personal information in a structured, commonly used, and machine-readable format.

To exercise these rights, please contact us at privacy@messangi.com. We will respond to your request within a reasonable timeframe and in accordance with applicable data protection laws.

7. International Data Transfers

Your personal information may be transferred to and processed in countries outside of your own, including the United States, where our servers and facilities are located. We ensure that appropriate safeguards are in place to protect your data when it is transferred internationally.

Data Privacy Framework Compliance

Messangi complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF), as set forth by the U.S. Department of Commerce.

• EU-U.S. DPF and UK Extension: We adhere to the EU-U.S. DPF Principles regarding the collection, use, and retention of personal data transferred from the European Union and the United Kingdom to the United States.
• Swiss-U.S. DPF: We adhere to the Swiss-U.S. DPF Principles for personal data transferred from Switzerland to the United States.

If there is any conflict between the terms in this Privacy Notice and the DPF Principles, the DPF Principles shall govern.

To learn more about the Data Privacy Framework Program and to view our certification, please visit https://www.dataprivacyframework.gov/.

8. Security Information

We take the security of your personal information seriously and implement appropriate technical and organizational measures to protect it against unauthorized access, disclosure, alteration, or destruction.

Security Measures Include

• Encryption: We use industry-standard encryption protocols to protect data in transit and at rest.
• Access Controls: Access to personal information is restricted to authorized personnel who need it to perform their job duties, and they are bound by confidentiality obligations.
• Regular Audits and Assessments: We regularly review our security practices, conduct vulnerability assessments, and update our measures as necessary to address new threats.
• Secure Data Centers: Our servers are hosted in secure facilities with physical security measures in place.

Your Responsibilities

While we strive to protect your personal information, it’s important that you also take steps to protect it:

• Account Security: Keep your account credentials confidential. Do not share your username and password with unauthorized individuals.
• Two-Factor Authentication: Enable two-factor authentication for an added layer of security.
• Secure Your Devices: Use antivirus software and keep your devices updated to protect against malware.

Please note that no method of transmission over the internet or electronic storage is completely secure, and we cannot guarantee absolute security.

9. Handling Disputes

We are committed to resolving any concerns about your privacy and our collection or use of your personal information.

In Compliance with the Data Privacy Framework

Messangi commits to resolve complaints about our collection or use of your personal data in compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF.

For Non-HR Data

In compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF, Messangi Corporation commits to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF to the International Centre for Dispute Resolution-American Arbitration Association (ICDR-AAA), an alternative dispute resolution provider based in the United States. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit https://go.adr.org/dpf_irm.html for more information or to file a complaint. The services of ICDR-AAA are provided at no cost to you.

For HR Data under the EU-U.S. DPF

Messangi commits to cooperate with the panel established by the EU Data Protection Authorities (DPAs) regarding unresolved complaints concerning human resources data transferred from the EU in the context of the employment relationship.

EU employees with inquiries or complaints should first contact Messangi at:

Email: privacy@messangi.com

Mailing Address:

Messangi Corporation
Attn: Privacy Team
5798 SW 68th St
Miami, FL 33143
USA

Under certain conditions, you may invoke binding arbitration or lodge a complaint with a data protection authority if your concern is not resolved.

Federal Trade Commission (FTC) Enforcement

Messangi is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission (FTC).

Additional Information

Under certain circumstances, individuals may have the right to invoke binding arbitration under the Data Privacy Framework Panel for residual claims not resolved by other redress mechanisms. For more information, please visit the Data Privacy Framework website at https://www.dataprivacyframework.gov/.

10. Other Information You May Find Useful

Automated Decision-Making

We may use automated processes for purposes such as fraud detection, spam prevention, and ensuring the security of our services. These processes analyze various signals to identify potentially fraudulent or malicious activities.

Children’s Privacy

Our services are not intended for individuals under the age of 16. We do not knowingly collect personal information from children under 16. If you believe that a child has provided us with personal information, please contact us, and we will take steps to delete such information promptly.

Third-Party Websites

Our website and services may contain links to third-party websites. We are not responsible for the privacy practices or content of those websites. We encourage you to review the privacy policies of any third-party sites you visit.

11. Changes to Our Privacy Notice

We may update this Privacy Notice from time to time to reflect changes in our practices, technologies, legal requirements, and other factors. When we make significant changes, we will notify you by:

• Posting a prominent notice on our website.
• Sending you an email notification if you have provided us with your contact information.

The “Last Updated” date at the top of this Privacy Notice indicates when it was last revised. We encourage you to review this Privacy Notice periodically to stay informed about how we are protecting your personal information.

12. Contact Information

If you have any questions, concerns, or requests regarding this Privacy Notice or our data practices, please contact us:

Email: privacy@messangi.com

Mailing Address:

Messangi Corporation
Attn: Privacy Team
5798 SW 68th St
Miami, FL 33143
USA

We are committed to responding to your inquiries promptly and resolving any concerns you may have.