Updated: 24 April 2018
MSGHero understands that your privacy is important to you and that you care about how your information is used and shared online. We respect and value the privacy of everyone who visits Our Site and will only collect and use information in ways that are useful to you and in a manner consistent with your rights and Our obligations under the law.
Definitions and Interpretation
In this Policy the following terms shall have the following meanings:
means an account required to access and/or use certain areas and features of Our Site;
means a small text file placed on your computer or device by Our Site when you visit certain parts of Our Site and/or when you use certain features of Our Site. Details of the Cookies used by Our Site are set out in section 12, below;
means this website, https://msghero.com/;
"UK and EU Cookie Law"
means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended in 2004, 2011 and 2015; and
means MSGHero, whose registered address is 40 Chiappini Street, The Capital Mirage 804, South Africa.
Information About Us
- Our Site, https://msghero.com/, is owned operated by MSGHero, whose registered address is 40 Chiappini Street, The Capital Mirage 804, South Africa.
- Our data protection officer is Bradley Stephens who can be contacted at firstname.lastname@example.org
- We are a bot platform service for Messenger, allowing our users to create Messenger bots to interact with their audiences inside the Facebook TM Messenger. We do so by integration with the Messenger API.
Scope – What Does This Policy Cover?
What Data Do We Collect?
Some data will be collected automatically by Our Site. Other data will only be collected if you voluntarily submit it and consent to Us using it for the purposes set out in section 5, for example, when signing up for an Account. Depending upon your use of Our Site, We may collect some or all of the following data:
- Name (with consent only)
- Username (with consent only)
- Password (with consent only)
- Email Address (with consent only)
- Business/Company Name (with consent only)
- IP Address (automatically collected)
- Web Browser Type and Version (automatically collected)
- Operating System (automatically collected)
- A list of URLs starting with a referring site, your activity on Our Site, and the site you exit to (automatically collected)
- Through the Messenger API, we collect and process the following information:
- first name & last name as setup inside Facebook™
- language as setup inside Facebook™
- email as setup inside Facebook™
- gender as setup inside Facebook™ profile picture as setup inside Facebook™
- locale as setup inside Facebook™
- date of subscription
- date of last active
- button clicks
- message opens
- entry points to the bot, such as – but not limited to: Send to Messenger button, Customer Chat, Comment-Response etc.
How Do We Use Your Data?
- All personal data is stored securely in accordance with the EU General Data Protection Regulation (Regulation (EU) 2016/679) (GDPR). For more details on security see section 6, below.
- We use your data to provide the best possible products and services to you. This includes:
- Providing and managing your Account
- Providing and managing your access to Our Site
- Personalising and tailoring your experience on Our Site
- Supplying Our [products and] services to you
- Personalising and tailoring Our products and services for you
- Responding to communications from you
- Supplying you with email and/or Messenger bot messages e.g. newsletters, alerts etc. that you have subscribed to (you may unsubscribe or opt-out at any time by clicking ‘Unsubscribe’ at the bottom of our emails or in the case of a Messenger bot message you can reply “Unsubscribe” and you will be immediately unsubscribed from any further communication from that specific bot.
- Market research
- Analysing your use of Our Site and gathering feedback to enable Us to continually improve Our Site and your user experience
- Through the use of “tags” and “custom fields”, we provide the option for our customers to be able to segment their audiences and collect additional information such as phone numbers and/or email addresses from users of their bot).
- Through the Messenger API, we use the data obtained through Facebook™ (when consented) to allow our customers to be able to interact with subscribers of their Messenger bots.
- In some cases, the collection of data may be a statutory or contractual requirement, and We will be limited in the products and services We can provide you without your consent for Us to be able to use such data.
- With your permission and/or where permitted by law, We may also use your data for marketing purposes which may include contacting you by email or Facebook™ Messenger with news and offers on Our products and services. We will not, however, send you any unsolicited marketing or spam and will take all reasonable steps to ensure that We fully protect your rights and comply with Our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003, as amended in 2004, 2011 and 2015.
- Bot creators who use the MSGHero platform to create Facebook™ Messenger bots may engage in what is known as “Messenger Marketing” – interacting with prospects through the Facebook™ Messenger. Our users may further segment their audiences and prospects through the use of “tags” and “custom fields”. Any information collected via custom fields (such as email addresses and phone numbers) will be consented to by the provider. This information is used as a means to follow-up with subscribers, fans, customers and prospects.
- Under GDPR we will ensure that your personal data is processed lawfully, fairly, and transparently, without adversely affecting your rights. We will only process your personal data if at least one of the following basis applies:
- you have given consent to the processing of your personal data for one or more specific purposes;
- processing is necessary for the performance of a contract to which you are a party or in order to take steps at the request of you prior to entering into a contract;
- processing is necessary for compliance with a legal obligation to which we are subject;
- processing is necessary to protect the vital interests of you or of another natural person;
- processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; and/or
- processing is necessary for the purposes of the legitimate interests pursued by us or by a third party, except where such interests are overridden by the fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
How and Where Do We Store Your Data?
- We only keep your data for as long as We need to in order to use it as described above in section 5, and/or for as long as We have your permission to keep it. In any event, We will conduct a review when appropriate to ascertain whether we need to keep your data. Your data will be deleted if we no longer need it in accordance with the terms of our Data Retention Policy. Our Data Retention Policies are:
- Your data will be deleted within 24 hours upon request.
- As a customer of MSGHero, your data will be inaccessible to use if you do not use our application for a period longer than three months (as per Facebook™ terms of service).
- Subscriber data will be immediately removed upon replying to any bot message with the keyword “Unsubscribe”.
- Data security is of great importance to Us, and to protect your data We have put in place suitable physical, electronic and managerial procedures to safeguard and secure data collected through Our Site.
- Notwithstanding the security measures that We take, it is important to remember that the transmission of data via the internet may not be completely secure and that you are advised to take suitable precautions when transmitting to Us data via the internet.
Do We Share Your Data?
- We will NEVER sell Your information to anyone. MSGHero never sells personal data and carries out all processing operations in strict compliance with EU privacy laws. You are in control of Your personal information at all times. CM values Your Privacy and strives for its services to be safe and enjoyable for everyone. This Policy sets out and explains how MSGHero collects and processes personal data, the purposes for processing and how We protect it. If You would like a copy of the information held on You please write an email to email@example.com.
- We may contract with third parties to supply products services to you on Our behalf. These may include payment processing, delivery of goods, search engine facilities, advertising and marketing. In some cases, the third parties may require access to some or all of your data. Where any of your data is required for such a purpose, We will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, Our obligations, and the obligations of the third party under the law. We currently contract with:
- We may compile statistics about the use of Our Site including data on traffic, usage patterns, user numbers, sales and other information. All such data will be anonymised and will not include any personally identifying information. We may from time to time share such data with third parties such as prospective investors, affiliates, partners and advertisers. Data will only be shared and used within the bounds of the law.
- In certain circumstances We may be legally required to share certain data held by Us, which may include your personal information, for example, where We are involved in legal proceedings, where We are complying with the requirements of legislation, a court order, or a governmental authority. We do not require any further consent from you in order to share your data in such circumstances and will comply as required with any legally binding request that is made of Us.
What Happens If Our Business Changes Hands?
- In the event that any of your data is to be transferred in such a manner, you will be contacted in advance and informed of the changes.
How Can You Control Your Data?
- When you submit information via Our Site, you may be given options to restrict Our use of your data. We aim to give you strong controls on Our use of your data (including the ability to opt-out of receiving emails from Us which you may do by unsubscribing using the links provided in Our emails, by replying “Unsubscribe” to any bot messages sent by Us or any of our customers’ Messenger bots).
- You may also wish to sign up to one or more of the preference services operating in the UK: The Telephone Preference Service (“the TPS”), the Corporate Telephone Preference Service (“the CTPS”), and the Mailing Preference Service (“the MPS”). These may help to prevent you receiving unsolicited marketing. Please note, however, that these services will not prevent you from receiving marketing communications that you have consented to receiving.
Your Right to Withhold Information and Your Right to Withdraw Information After You Have Given it
- You may access certain parts of Our Site without providing any data at all. However, to use all features and functions available on Our Site you may be required to submit or allow for the collection of certain data.
- You may withdraw your consent for Us to use your personal data as set out in section in 5 at any time by contacting Us using the details set out in section 15, and We will delete Your data from Our systems. However, you acknowledge this may limit Our ability to provide the best possible products and services to you.
How Can You Access Your Data?
You have the legal right to ask for a copy of any of your personal data held by Us (where such data is held). Please contact Us for more details at firstname.lastname@example.org, or using the contact details below in section 14.
What Cookies Do We Use and What For?
- By using Our Site you may also receive certain third party Cookies on your computer or device. Third party Cookies are those placed by websites, services, and/or parties other than Us. We use third party Cookies on Our Site for advertising purposes. For more details, please refer to section 5, above. These Cookies are not integral to the functioning of Our Site.
- All Cookies used by and on Our Site are used in accordance with current English and EU Cookie Law.
- Our Site uses analytics services provided by Google Analytics and Facebook™. Website analytics refers to a set of tools used to collect and analyse usage statistics, enabling Us to better understand how people use Our Site. This, in turn, enables Us to improve Our Site and the products and services offered through it. You do not have to allow Us to use these Cookies, as detailed below, however whilst Our use of them does not pose any risk to your privacy or your safe use of Our Site, it does enable Us to continually improve Our Site, making it a better and more useful experience for you.
- The analytics service(s) used by Our Site use(s) Cookies to gather the required information.
- You can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all cookies or only third party cookies. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser or the documentation that came with your device.
- You can choose to delete Cookies at any time however you may lose any information that enables you to access Our Site more quickly and efficiently including, but not limited to, login and personalisation settings.
- It is recommended that you keep your internet browser and operating system up-to-date and that you consult the help and guidance provided by the developer of your internet browser and manufacturer of your computer or device if you are unsure about adjusting your privacy settings.
- Cookies we use for remarketing purposes include Google and Facebook.
Google: We use Google cookies in order to be able to advertise using their remarketing platform. For more information on the privacy practices of Google, please visit the Google Privacy & Terms
Summary of Your Rights under GDPR
Under the GDPR, you have:
- the right to request access to, deletion of or correction of, your personal data held by Us;
- the right to complain to a supervisory authority;
- be informed of what data processing is taking place;
- the right to restrict processing;
- the right to data portability;
- object to processing of your personal data;
- rights with respect to automated decision-making and profiling (see section 14 below).
Automated Decision-Making and Profiling
- In the event that We use personal data for the purposes of automated decision-making and those decisions have a legal (or similarly significant effect) on You, You have the right to challenge to such decisions under GDPR, requesting human intervention, expressing their own point of view, and obtaining an explanation of the decision from Us.
- The right described in section 14.1 does not apply in the following circumstances:
- The decision is necessary for the entry into, or performance of, a contract between the You and Us;
- The decision is authorised by law; or
- You have given you explicit consent.
- Where We use your personal data for profiling purposes, the following shall apply:
- Clear information explaining the profiling will be provided, including its significance and the likely consequences;
- Appropriate mathematical or statistical procedures will be used;
- Technical and organisational measures necessary to minimise the risk of errors and to enable such errors to be easily corrected shall be implemented; and
- All personal data processed for profiling purposes shall be secured in order to prevent discriminatory effects arising out of profiling.
Children’s privacy Our Service does not address anyone under the age of 13 (“Children”). We do not knowingly collect personally identifiable information from children under 13. If You are a parent or guardian and You are aware that Your Children has provided Us with personal information, please contact Us. If We become aware that We have collected personal information from a child under age 13 without verification of parental consent, We take steps to remove that information from Our servers.
Third-party applications, websites and services