Atoms Interactive data protection & privacy policy

Last updated October 4th, 2022

Table of contents


1.   INTRODUCTION

1.1   Objective and Scope of the Data Protection and Privacy Policy (the "Policy")

As part of our operations, Atoms Interactive Limited (“Atoms” or the “Company”) collects and processes certain types of information (such as name, telephone numbers, address etc.) of individuals that make them easily identifiable. These individuals include current, past and prospective employees, vendors, customers and other individuals whom Atoms communicates or deals with, in the digital era we live in, data is essential to business and, if properly managed, unlocks new sources of growth. We fully recognize the fundamental right of individuals to privacy and their right to the protection of their personal data. The protection of employees’ and other individuals’ privacy right is the primary aim of this Policy which forms a key part of the Company’s commitment to meet global standards for data protection and privacy.

This Policy aims to give you information on how the Company collects, uses, discloses, transfers, stores and otherwise processes your personal data when you fill any of our forms, access or create an account on our website as well as other mediums and platforms through which you provide us with your personal data in order to enable us provide our products and services (the “Services”) to you. It is therefore important that you read this Policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your personal data.

Third parties to whom the Company outsources all or part of Personal Data Processing activities (“Processing”) must also comply with this Policy. We will validate the privacy policy of any new third party the Company engages that involves the Company providing data on customers, vendors, staff and others. Existing third party service providers will also be subject to validation.

The Company and its affiliates may share your personal data with each other and use it in compliance with this Policy. The Company and its affiliate may also combine it with other information to provide and improve the Company’s Services, as well as its advertising.

1.2   Risks Associated with Violations of Privacy Legislation

Failure to comply with applicable privacy laws and regulations can result in the imposition of fines and other sanctions. Non-compliance with this Policy will not be tolerated by the Company and may result in disciplinary action. The disciplinary action will vary according to the severity of the non-compliance but could include the cancellation of the employee’s bonus, postponement of promotion, suspension without pay, termination of employment or being reported to the authorities.





2.   PERSONAL DATA PROCESSING PRINCIPLES

The Company shall process your personal data in accordance with relevant data protection laws in Nigeria including the Nigeria Data Protection Regulation, 2019 (“NDPR”), the 1999 Constitution of the Federal Republic of Nigeria (as amended) and regulations issued by the NITDA, and ensure that your Personal Data is:

  • Collected and processed in accordance with specific, legitimate, and/or lawful purpose consented to by you;
  • Adequate, accurate and procured without prejudice to any of your fundamental human rights;
  • Stored only for the period within which it is reasonably needed; and
  • Secured against all foreseeable hazards, breaches, or such other unlawful purpose such as theft, cyber-attack, viral attack, dissemination, manipulations of any kind, damage by rain, fire, or exposure to other natural elements.

As defined under the NDPR, “Personal Data” means any information relating to an identified or identifiable natural person (‘Data Subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person; It can be anything from a name, address, a photo, an email address, bank details, posts on social networking websites, medical information, and other unique identifier such as but not limited to MAC address, IP address, IMEI number, IMSI number, SIM, Personal Identifiable Information (PII) and others. Sensitive Personal Data is also defined to mean data relating to religious or other beliefs, sexual orientation, health, race, ethnicity, political views, trades union membership, criminal records, or any other sensitive personal information.

2.1   Specific and Legitimate Purposes

We process Personal Data and Sensitive Personal Data only for specific and explicit purposes which we will communicate to you at or before the moment of Personal Data and/or Sensitive Personal Data collection.

As an example, if a consumer’s contact information has been collected for the purpose of processing a complaint, it cannot be added to our newsletter distribution list unless the consumer has been informed of this additional purpose and has consented to it.

We have set out below, in a table format, a description of all the ways we plan to use your personal data. 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 our Data Protection Officer at dataprotection@qbicles.com (the “DPO”), if you need details about this Policy or if you have any questions regarding the legal grounds we are relying on to process your Personal Data or Sensitive Personal Data. The legal grounds we rely on include:

  • Performance of Contract - means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
  • Compliance with legal obligation - means processing your Personal Data or Sensitive Personal Data where it is necessary for compliance with a legal obligation that we are subject to.
  • Legitimate Interest – means the interest of our business in conducting and managing our business to enable us to give you the best Services and most secure experience.
  • Public Interest – means where processing your data is necessary in order to protect your interest, the interest of another data subject or for the performance of a task carried out in the public interest or in exercise of official public mandate vested in us.

We will only use your Personal Data for the purposes for which its collected for and which you have consented to, 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 the DPO.

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.

2.2   How we collect your data

We use different methods to collect data from and about you including through:

  • Direct interactions: You may give us your Personal Data by filling in forms, accessing or creating an account on our platform, corresponding with us by post, phone, email as well as other related medium/platforms. This particularly covers personal data you provide when you apply to use or access our Services, give us feedback or contact us.
  • Automated technologies or interactions: As you interact with our platform, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We 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
  • Third-Party users: We will receive personal data about you from third party users of our platforms. For example, other users may provide your information such as your phone number, name, and other information (like information from their mobile address book) just as you may provide theirs for the purpose of interacting with you on their platform or reporting possible violations of our Terms of Use or Policy. They may also send you messages, send messages to groups to which you belong, or call you. We require each of these users to have lawful rights to collect, use, and share your information before providing any information to us.
  • Third-Party Service Providers: We work with third-party service providers to help us operate, provide, improve, understand, customize, support, and market our Services. These companies may provide us with information about you in certain 5 >circumstances; for example, app stores may provide us with reports to help us diagnose and fix service issues.

2.3   Information we collect from you

Personal Data, Sensitive Personal Data or personal information, includes any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

  • Identity Data includes first name, maiden name, middle name, last name, username or similar identifier, marital status, title, date of birth/age and gender.
  • Contact Data includes billing address, delivery address, email address and telephone numbers.
  • Financial Data includes bank account and payment card details.
  • Transaction Data includes details about payments to and from you and other details of products and serviced you have purchased from us.
  • Technical Data 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.
  • Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
  • Usage Data includes information about how you use our website and Services.
  • Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

In the event that we collect any Sensitive Personal Data (i.e., details about your race or ethnicity, religious or philosophical beliefs, sexual orientation, political opinions and views, trade union membership, information about your health, and genetic and biometric data) we shall process same in accordance with this Policy and applicable laws.

2.4   Data proportionality and quality

We will only collect the Personal Data we need for our purposes and we will not ask for or store irrelevant Personal Data or Sensitive Personal Data.

The Personal Data we maintain shall also be accurate and kept up-to-date at all times.

Consequently, please note that you have a right, further to a formal request in writing to the DPO, to update your data as soon as there is any change in the data you have shared with us. We will update, rectify or erase (as applicable) any inaccurate or incomplete data, upon being informed of any such inaccuracy and/or information gap.

2.5   Data Retention

We will only retain your personal data for as long as reasonably necessary to fulfill the purposes we collected it for (or a reasonable period thereafter), including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you. Thereafter, data will be retained in anonymized form.

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.

2.6   Data Subject’s consent

Generally, we rely on your clear, unequivocal and comprehensible consent as the legal basis for processing your data. This covers cases where you require us to process your data for the purpose of performing a contract with you, or accessing our Services, raising a complaint for clearance of faults; whistleblowing and accessing any of our customer care services.

We may, in accordance with relevant laws and this Policy, use your data in our marketing and advertising services in anonymized form. Where there is a need to share your non-anonymised personal data with any third party for such purposes, we will seek your consent.

With regards to what constitutes data subject’s consent, in accordance with the applicable laws and regulations, the Company shall ensure that consent is freely given and is obtained without fraud, coercion or undue influence. Accordingly, the Company would typical y collect and process your personal data where you require us to perform a contract, including the provision of our Services to you.

Since the performance of a contract with you and provision of our Services to you are conditional on your consent, we shall deem that you have granted us the free and express consent to collect and process your personal data when you fill any of our forms, access or create an account on our website, corresponding with us by post, phone, email as well as other related medium/platforms.

PLEASE NOTE THAT YOU HAVE THE RIGHT TO WITHDRAW CONSENT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA BY CONTACTING THE DPO.

Where you withdraw consent, the provisions of paragraph 2.5 in relation to data retention will apply.

Where we need to collect personal data by law, or under the terms of a contract we have with you, or to provide our products and our services 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 7

into with you (including to provide you with our 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.

2.7   Data Confidentiality and Security

We recognise the importance of protecting data from unauthorised access and the attendant effects of data corruption hence, the company shall:

  • Develop security measures including but not limited to protecting systems from hackers and unauthorised access;
  • Set up firewalls and protect email systems and servers;
  • Store data securely with access limited to specific authorised individuals; and
  • Develop and maintain an organisational policy for handling personal data and other sensitive or confidential data.

We have put in place reasonable security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised or illegal way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know same. They will only process your data on our instructions and they are subject to a duty of confidentiality as governed by a written contract.

We have put in place reasonable procedures to deal with any suspected data breach and will notify you, the NITDA and any applicable regulator of a breach where we are legally required to do so.

In furtherance of the provision of the Services, we may transfer/store your personal data outside Nigeria or to an international organisation. Where the need to transfer your personal data out of Nigeria or to an international organisation arises, we shall ensure that we comply with the relevant laws and regulations. By subscribing to the Service, you consent to the storage and/or transfer of your data in accordance with this paragraph.

We may share your personal data with the parties set out below for the purposes set out in Section 2.1 of this Policy above, and in compliance with the applicable laws and regulations;

  • Service providers who provide IT and system administration services, revenue collection services, electricity billing and printing services, gateway channel services, workforce management services and vending services.
  • Professional advisers including consultants, lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.
  • Regulatory agencies and authorities who require reporting of processing activities in certain circumstances.
  • Our Affiliates, subject to a similar obligation of confidentiality.

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 as stipulated in a written contract.

2.8   Data Subjects’ Rights

Under certain circumstances, you have rights under data protection laws and regulations in relation to your personal data. You have the right to the following:

  • 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.
  • Request correction/rectification 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.
  • Request erasure of your personal data. You have a right to delete or remove your personal data after same has been collected by us. 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 a legal obligation in Nigeria. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request. Also note that in complying with a request for erasure of personal data, we have the right to anonymise and retain said data rather than delete same if we consider this necessary for business purposes.
  • 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 legal and legitimate grounds to process your information.
  • 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: If you want us to establish the data’s accuracy; where our use of the data is unlawful but you do not want us to erase it; 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; and when you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it. Provided that nothing in this paragraph shall obligate the Company to retain your data for longer than as required based on law or it’s internal retention policies.
  • Request the transfer (commonly known as “Data Portability”) 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 a contract with you. It does not apply to pseudonymized or anonymized data, or data which we have processed based on legitimate interest or public policy, or derived data.
  • 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 Services to you. We will advise you if this is the case at the time you withdraw your consent.
  • Disable Cookies. You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly.
  • Give general or specific instructions on how your personal data processed under this Policy may be used after your death.

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.

If you wish to exercise any of the rights set out above, please contact us through our DPO.

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 fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request, subject to applicable laws, and in such instance, we shall furnish you with a formal notification in this regard. A copy of such refusal notice shall also be provided to the NITDA.

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.

We try to respond to all legitimate requests within a reasonable time. Occasionally, it could take us longer time, particularly if your request is complex or you have made a number of requests. In this case, we will notify you and keep you updated.

2.9   Minors

Our Services are not intended for children under the age of maturity (a “Minor”), so we do not knowingly collect Personal Data from Minors. You must be at least eighteen (18) years old to create an account and engage in activities and transactions on our Services. By creating an account or engaging in activities or transactions, you confirm that you are at least eighteen (18) years old and are fully able to enter into, comply with and be legally bound by any terms of use made available to you.

Where you have any belief that Atoms has mistakenly or unknowingly collected information from a Minor, please contact us at dataprotection@qbicles.com to enable us to investigate and restrict such data.

2.10   Changes to Policy

This Policy may be updated from time to time and we shall notify you of any changes thereon via a notice on our website. It is also important that the personal data we hold about you is accurate and current. In view of this, we encourage you to always update your personal data and keep us informed if there are changes to your personal data during your relationship with us.

2.11   Data Protection Officer

To ensure that any concerns you may have regarding the protection of your personal data is addressed sufficiently and timeously, we have appointed a DPO who is responsible for overseeing questions in relation to this Policy.

Without prejudice to any other provisions of this Policy, if you have any questions about this Policy or our privacy practices, including any requests to exercise your legal rights which have been specified in this Policy, please contact the DPO at dataprotection@qbicles.com.

Without prejudice to your right to make a complaint at any time to the NITDA, the supervisory authority for data protection issues (www.nitda.gov.ng) for any alleged breach of your data privacy rights, we would appreciate that you contact us in the first instance through the DPO if you have any concerns regarding the protection of your data or this Policy.

2.12   Link to Third-Party Sites

Occasionally, at our discretion, we may include or offer third-party solutions or services on our platform. These third-party sites have separate and independent privacy policies.

We, therefore, have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our platform and welcome any feedback about these sites.

3.   BREACH

In the event of a personal data breach leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data, the Company shall within seventy-two (72) hours of becoming aware of the breach:

  • promptly assess the risk;
  • promptly notify the affected data subject;
  • take all necessary measures and steps to ensure that further damage is not caused by the breach;
  • take all steps to retract the data (in cases of unauthorised access or disclosure); and
  • if appropriate, report the breach to NITDA.