1.INTRODUCTION
Welcome to Mimshack Royal Services Limited (“MIMSHACK ROYAL”) Data Protection and
Privacy Policy. MIMSHACK ROYAL respects the privacy of your personal data or
personal information and is committed to protecting it in accordance with the
relevant laws and regulations.
This Data Protection and Privacy Policy (the “Policy”) informs our customers and the
public (hereinafter referred to as “you”, “your” or “data subject”) as to how we use
and look after your personal data, your privacy rights and how we plan to protect
them.
Any reference to "we", "us", "our" and “the Company” is to MIMSHACK ROYAL.
2.PURPOSE OF THIS PRIVACY POLICY
This Policy aims to give you information on how MIMSHACK ROYAL collects and
processes your personal data when you fill/complete any of our forms, access or
create an account our website as well as other mediums and platforms through which
you provide us with your personal data to enable us to perform a contract with you,
including providing our products and services to you.
The Policy is intended to comply with our obligations to provide you with
information about the Company's processing of your personal information under the
relevant laws and regulations. It neither has a contractual status nor constitutes
any agreement to contract with you or provide you with our products and services.
It is important that you read and retain 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 data.
This privacy policy supplements other notices and privacy policies and is not
intended to override them.
3.CHANGES TO THE PRIVACY POLICY AND YOUR DUTY TO INFORM US OF CHANGES
MIMSHACK ROYAL reserves the right to update this Policy at any time, and we will
provide you with the revised Policy when we make any updates.
We encourage you to frequently visit our website for any changes to this Policy, to
stay informed about how we are helping to protect the personal information we
collect.
It is also important that the personal data we hold about you is accurate and
current. In view of this, always update your personal data and keep us informed if
there are changes to your personal data during your relationship with us.
4.MIMSHACK ROYAL’S DATA PROTECTION PRINCIPLES
In collecting and processing your personal data, MIMSHACK ROYAL will, in compliance
with the relevant laws and regulations, ensure that your personal data is:
• collected and processed in accordance with specific, legitimate, and lawful
purpose consented to by you.
• adequate, accurate and without prejudice to the dignity of human person.
• stored only for the period within which it is reasonably needed; and
• secured against all foreseeable hazards and breaches such as theft, cyber- attack,
viral attack, dissemination, manipulations of any kind, damage by rain, fire, or
exposure to other natural elements.
5.DATA CONTROL
MIMSHACK ROYAL is the data controller. This means that we are responsible for
deciding how we hold and use personal information about you.
MIMSHACK ROYAL shall take all necessary steps and measures to ensure that if any
third party handles your personal data, such party must do so in strict compliance
with the applicable laws and regulations and under a written contract.
6.DATA PROTECTION OFFICER
To ensure that any concerns you may have regarding the protection of your personal
data are addressed sufficiently and timeously, we have appointed a Data Protection
Officer (DPO) who is responsible for overseeing questions in relation to 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 using the details set out below:
• Attention: The Data Protection Officer, MIMSHACK ROYAL
• Postal address:PLOT 8 QMB Builder Mart Road, F Bus Stop, 2nd, Roundabout, Lekki,
Lagos.
• Email address: support@mimshackroyal.com
• Telephone number: +234906 909 9207
Without prejudice to your right to make a complaint at any time to the National
Information Technology Development Agency (NITDA), the supervisory authority for
data protection issues (insert email address) 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.
7.THE DATA WE COLLECT ABOUT YOU
Personal data, or personal information, means 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 services 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, requests made by you, your
interests, preferences, feedback, and survey responses.
• Profile Data includes information about how you use our website, products, and
services.
• Marketing and Communications Data includes your preferences in receiving marketing
from us and our third parties and your communication preferences.
We do not collect any Sensitive Personal Data about you (this includes 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). Nor do we collect any information about criminal
convictions and offences.
8.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.
9.FAILURE TO PROVIDE PERSONAL DATA
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 with you (including to provide you with our products and 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.
10.HOW IS YOUR PERSONAL DATA COLLECTED?
We use different methods to collect data from and about you including through:
• Direct interactions. You may give us your Identity, Contact and Financial Data by
filling in forms, accessing or creating an account on our website, corresponding
with us by post, phone, email as well as other related medium/platforms. This
particularly covers personal data you provide when you apply for our products or
services, give us feedback, or contact us.
• Automated technologies or interactions. As you interact with our website, 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 parties or publicly available sources. We will receive personal data about
you from third parties.
11. HOW WE USE YOUR PERSONAL DATA
We will only use your personal data when the law allows us to. Most commonly, we
will use your personal data in the following circumstances:
• Performance of Contract - means processing your data where it is necessary for the
performance of a contract to which you are a party (including providing our products
and services) or to take steps at your request before entering such a contract.
• Compliance with legal obligation - means processing your 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 products and services and
most secure experience.
• Public Interest - means where processing your data is necessary 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.
Generally, we rely on your consent as the legal basis for processing your personal
data. This covers cases where you require us to process your personal data for the
purpose of performing a contract with you or accessing our products and services
including but not limited to payment for services rendered; raising a complaint for
services rendered; whistleblowing and accessing any of our customer care services.
We do not generally use your data for marketing purposes. However, if the need ever
arises, we will get your express opt-in consent before we share your personal data
with any third party for marketing purposes.
With regards to what constitutes the data subject’s consent, in accordance with the
applicable laws and regulations, MIMSHACK ROYAL shall ensure that consent is freely
given and is obtained without fraud, coercion or undue influence. Accordingly,
MIMSHACK ROYAL would typically collect and process your personal data where you
require us to fulfil a contract, including the provision of our products and
services to you.
Since the performance of a contract with you and provision of our products and
services to you are conditional on your consent, we shall deem that you have granted
us your voluntary, 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,
correspond with us by post, phone, email as well as other related medium/platforms
in order to enable us contract with you or provide you with our products and
services. Please note that you have the right to withdraw consent at any time to the
processing of your personal data by contacting us.
13. HOW WE USE YOUR PERSONAL DATA
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 through our 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.
14.DISCLOSURES OF YOUR PERSONAL DATA
We may share your personal data with the parties set out below for the purposes set
out in the table [Purposes for which we will use your personal data] above and in
compliance with the applicable laws and regulations.
• Service providers who provide IT and system administration services, revenue
collection services, gateway channel services, and workforce management 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.
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.
15.INTERNATIONAL TRANSFER
Generally, we do not transfer your personal data outside Nigeria or to an international organisation. However, whenever there is a 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.
16.DATA SECURITY AND PROTECTION
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. 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 personal data on our instructions, and they are subject
to a duty of confidentiality as governed by a written contract.
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.
17.DATA RETENTION
We will only retain your personal data for as long as reasonably necessary to fulfil
the purposes we collected it for, 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.
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.
18.YOUR RIGHTS IN CONNECTION WITH PERSONAL INFORMATION
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. This enables you to ask us to delete or
remove personal data where there is no good 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 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.
• 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 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 to 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 overrides your rights and freedoms.
• 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.
• Request the transfer (commonly known as “Data Portability”) of your personal data
to you or to a third party. We will provide you, or a third party you have chosen,
with your personal data in a structured, commonly used, machine-readable format.
Note that this right only applies to automated information which you initially
provided with your consent for us to use or where we used the information to carry
out a contract with you.
• 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 products or services to you. We will advise you if
this is the case at the time you withdraw your consent. Once we have received
notification that you have withdrawn your consent, we will no longer process your
information for the purpose or purposes you originally agreed to, unless we have
another legitimate basis for doing so in law.
If you wish to exercise any of the rights set out above, that is, to review, verify,
correct, or request erasure of your personal information, object to the processing
of your personal data, or request that we transfer a copy of your personal
information to another party, please contact the DPO.
19. FEE FOR PROCESSING REQUEST & TIMELINE
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 could refuse to
comply with your request in these circumstances by writing to you and copying
Nigerian Data Protection Bureau (NDPB).
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 a longer time if your request is particularly complex, or you have
made several requests. In this case, we will notify you and keep you updated.
20. 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, MIMSHACK ROYAL shall within a reasonable time 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.
21. DATA CONSENT CLAUSE
As a condition for MIMSHACK ROYAL implementing, administering, and managing the services provided, you hereby explicitly and voluntarily consent to the collection, use, processing, and storage, in electronic or other form, of the personal data provided to MIMSHACK ROYAL under and or pursuant to this Policy. You understand that the personal data could also be shared with other service providers, government bodies or regulatory authorities in Nigeria for the purpose of implementing, administering, and managing our services to you or other lawful purposes in accordance with the applicable laws. You accordingly by extension also authorize such service providers, government bodies or regulatory authorities to receive, use, process and retain such personal data, in electronic or other form, in connection with the purposes as mentioned earlier. You further acknowledge to have read, understood, and accepted the detailed rules connected with MIMSHACK ROYAL’s collection, use, processing, and storage of the personal data as detailed in this Data Protection Policy.