NGOMA PRIVACY POLICY

Effective as of October 21, 2024.

BY VISITING, ACCESSING, OR USING THE SERVICES, YOU ACCEPT THE PRACTICES IN THIS PRIVACY POLICY. PLEASE READ THIS POLICY AND NGOMA’S TERMS AND CONDITIONS OF USE  CAREFULLY.

1. INTRODUCTION

This Privacy Policy together with the Terms and Conditions of Use set out how Mgazi Group (“NGOMA”) processes any personal data that we collect about you, or which you provide to us, when you access and use the NGOMA music and video streaming service, mobile and device applications or associated websites, social media pages, and our emails, and when you attend NGOMA events and concerts (“Services”). Our policy is to process your personal data at all times in accordance with applicable data protection laws and regulations. By “personal data,” we mean any information that identifies, relates to, or describes, directly or indirectly, a particular individual.

If you have questions, comments or requests about this Privacy Policy please contact us by sending an email to support@ngoma.app.

2. CHILDREN AND PRIVACY

The Services and their content are not directed at children under the age of 13. NGOMA does not knowingly collect or solicit any personal data from anyone under the age of 13 or knowingly allow such persons to register for the Services. In the event that we learn that we have collected personal data from a child under age 13 without parental consent, we will delete that information as quickly as possible. If you believe that we might have any personal data from or about a child under 13, please notify us immediately by sending an email to support@ngoma.app.

3. COLLECTION OF PERSONAL DATA

We collect the following categories of personal data:

a) Information you provide us directly. When you register as a user for the online Services (through a paid subscription or trial offer) and/or use the Services (such as when you respond to surveys or attend events or concerts) you provide us with certain information that we store. This may include:

• personal identifiers (such as your name, username, social media name, address, email address, password, and phone number)
• device identifiers (such as your carrier identifier)
• personal characteristics (such as your date of birth, gender, and the language you speak)
• personal identifiers of your family members on a family plan (such as their names, email addresses, and phone numbers)
• financial information (such as payment card information and MTN MOMO and PAYFAST transaction information)
• audio and visual information (such as account photo, other photos, and other materials)
• geolocation data and other metadata (such as content creation date, formatting information, and location information (i.e., geotags))
• commercial information (such as download and purchase history for subscriptions, events, and concerts

• performance data (such as app analytics, sales and trends) used for tracking purposes to assess app functionality

• communications between you and NGOMA (such as comments on the Services (including social media pages) and customer service requests)
• inferences from any of the above categories about your preferences

b) Information collected from third parties. We may receive information about you from third parties who may have collected and transferred your personal data to us in accordance with their own privacy policies and/or terms of use. This may include personal identifiers (such as your name, address, email address, and phone number) and personal characteristics (such as your data of birth and gender). Examples of such third parties include social media networks such as Facebook or Twitter. Where we receive such information from such third parties, we may combine it with the other personal data that we have collected about you as set out herein and use such information either alone or in combination with the other personal data we hold for the purposes outlined in this Privacy Policy.

c) Automatic information collection. When you use the online Services, we and service providers and trusted partners use cookies, log data, and similar technology to automatically record personal identifiers (such as your IP address and device identifiers), information about your device and browser (such as your browser type, locale preferences, and mobile carrier) and information concerning your online Services usage activity (such as favourites, playlists created, tracks played and downloaded, activity in the NGOMA applications, offline tracks, date and time of listening, clicks and views of content and pages, product ID, time of log-in, and what version of the Services you use, email opens, clicks, and forwards, the link you used to reach them, and the content and advertising displayed on them and our content and advertising on other websites and online services). If you access the Services via a handheld device, we also store a device identifier that uniquely identifies the device.

We and our service providers and trusted partners use this information (i) to provide, tailor, and personalise the Services to you; (ii) to enable certain features on the Services; (iii) for service improvement purposes; and (iv) for marketing and advertising purposes (as further described herein). We may also use internal or third-party analytics tools to help us measure traffic and usage trends for the Services that assist us in providing and improving the Services.

We permit service providers and trusted partners to track visitors to the Services and the activities of those visitors on the Services over time, and they may track those visitors across other websites and online services over time, if those websites and apps also use the same partners. In these situations, you are using and directing us to intentionally disclose personal information (including personal identifiers) to those service providers and trusted partners so they can perform those services.

The Services may use both temporary (“session”) and persistent cookies. The Help feature on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies. This may, however, impact the functionality of the Services.

You can see a list of cookies and similar technology in the Cookies List below. We currently use Google Analytics from Google Inc. to create anonymous usage statistics. You may opt-out of Google Analytics by installing a plug-in to your browser. A plug-in for the most common browsers can be found here: https://tools.google.com/dlpage/gaoptout.

4. USE OF PERSONAL DATA

In addition to some of the specific uses of personal data we separately describe in this Policy, we use personal data for our business and commercial purposes including in the following situations:

• Your personal identifiers and financial information to process payments for use of the Services
• Your personal identifiers (including online identifiers), geolocation data, and online Services activity information to help you efficiently access your information and features of the Services
• Your device identifiers, such as your carrier code, so that we can provide you with the applicable trial offers or services in a bundled package with your carrier service
• Your personal identifiers (including online identifiers) and online Services activity information to remember information so you will not have to re-enter it during your visit or the next time you visit the Services
• Your personal identifiers, personal characteristics, and commercial information to provide personalised content and information to you and others, which could include online ads or other forms of marketing
• Your personal identifiers (including online identifiers) and online Services activity information to provide, improve, test, and monitor the effectiveness of our Services
• Your personal identifiers and commercial information to calculate royalty payments for content rights holders
• Your personal identifiers (including online identifiers), personal characteristics, commercial information, and inferences on your preferences, to develop and test new products and features
• Your personal identifiers (including online identifiers) and personal characteristics to monitor metrics such as total number of visitors, traffic, and demographic patterns
• Your personal identifiers (including online identifiers) to diagnose or fix technology problems
• Your personal identifiers (including online identifiers), personal characteristics, financial information, commercial information, and inferences of your preferences to detect, investigate and take all steps necessary to address misuse of the Services

We de-identify and/or aggregate personal data we receive and may use and disclose it for any business or commercial purpose.

5. SHARING INFORMATION WITH OTHERS

We may share any of the categories of personal data listed above with our affiliates on whom we rely to provide the Services and for the purposes outlined in this Privacy Policy. We may also share any of the categories of personal data listed above with third parties other than our affiliates for our business and commercial purposes including in the following situations:

a) Parties with whom we may share your personal data.

• Content Rights Holders. The Services allow you to listen to and view content from third party content rights holders. NGOMA shares information with the rights holders that license this content to NGOMA. The data that NGOMA shares with the rights holders is in a de-identified format that does not identify you directly, unless you opt into the sharing of your personal data.
• Service Providers. We may share and use your information (including but not limited to, information from cookies, log files, metadata and usage data) with third party organisations that help us provide the Services to you, including telecommunications companies with whom you have a contractual relationship and through which you may receive access to the Services (for example through a bundled package), and payment processors (“Service Providers”). Our Service Providers will be given access to your information as is reasonably necessary to provide the Services under reasonable confidentiality terms.
• Third Parties/Trusted Partners Providing Services on Our Behalf. We may share your personal data with trusted partners that provide you and us with services, such as those that process transactions and payments, process bundled transactions (e.g. with your telecommunications provider), and facilitating and publishing surveys and fulfil orders. In these situations, you are using and directing us to intentionally disclose personal data (including personal identifiers and financial information) so we can fulfil your requests.
• Marketing and Advertising. We may share online Services usage information (e.g. the number of plays of a particular song or playlist by all users) with third party advertising partners in order to allow third party ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. We may also deliver targeted emails and other communications to you concerning such advertisers, their products or services and/or events sponsored or hosted by such advertisers. We may remove parts of data that can identify you and share anonymised data with other parties. We may also combine your information with other information in a way that it is no longer associated with you and share that aggregated information, which, in its aggregated form, may include demographic data such as how many users constitute a particular age group, general locations of where groups of users reside for purposes of, e.g. determining who may be interested in attending a NGOMA event and similar anonymised data.
• Your Financial Institution. In the event you contest or dispute Subscription charges, we may share information collected in accordance with this policy, as reasonable, to assist your credit card company or financial institution to investigate and resolve your claim.
• Acquisition. If we sell or buy any business or assets, we may disclose your personal data to the prospective seller or buyer of such business or assets and its advisors. If NGOMA or substantially all its assets are acquired by or sold to a third party, your personal data may be among the transferred assets.

b) Parties with whom you may choose to share your personal data.

Any personal identifiers (e.g. name) or audio, electronic, visual and similar information (e.g. picture) that you voluntarily share or disclose for posting to the Services may become available to the public. This can also include parties to whom you have given us consent to share such personal data, for example Facebook. If you enable the function “Connect to Facebook” in the settings of your Services account, we may share your favourites with Facebook, enabling your Facebook friends to see your favourites and enabling you to see your Facebook friends’ favourites. If you use the “share” function you may be able to post to your Facebook or Twitter account directly from the Services. Such posting might involve sharing personal data.

c) Responding to legal requests and preventing harm.

We may access, preserve and share your personal data with law enforcement, the courts, our advisors, attorneys, and others who participate in the legal process in response to a legal request (such as a search warrant, court order or subpoena) if we have a good faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions outside of the Kingdom of eSwatini where we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognised standards. We may also access, preserve and share information with law enforcement, the courts, our advisors, attorneys, and others who participate in the legal process when we have a good faith belief it is necessary to: detect, prevent and address fraud and other illegal activity; to protect NGOMA, you and others, including as part of investigations; and to prevent death or imminent bodily harm. Information we receive about you may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm. By allowing for sharing and use of personal data for these purposes, NGOMA is not assuming any affirmative duty to undertake such actions.

6. STORING AND SECURING PERSONAL DATA

a) By registering for, accessing, visiting or otherwise using the Services, you consent to the transfer of your personal data to anywhere where NGOMA or its Service Providers maintain facilities, including facilities in another country.

b) We use commercially reasonable safeguards to help keep your personal data secure and to protect against accidental loss, destruction or damage. Only a limited number of personnel with a legitimate business or legal need are given access to users’ personal data. However, we cannot ensure the security of any information you transmit to NGOMA or guarantee that information on the Services may not be accessed, used, disclosed, altered, or destroyed.

c) You are responsible for maintaining the secrecy of any non-public information that you provide NGOMA, accessing the Services and making payments from a secure computer or device, and for controlling access to emails between you and NGOMA, at all times. Any social media services that you use to connect to the Services (e.g. Facebook, Twitter) may also affect your information; we are not responsible for the functionality, privacy, or security measures of any other organisation.

d) Information we collect or receive about you may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm.

7. COMMUNICATIONS, NOTICES, & CONSENT

We may send you emails regarding matters relevant to the Services and consistent with your preferences, this Privacy Policy and applicable law. Such information includes receipts for payment; information about and changes to the Services, including, for example, forthcoming streaming content and artist information, the NGOMA newsletter, NGOMA events and certain revisions to the Terms and Conditions of Use and/or this Policy. We may also deliver promotional offers and communications on behalf of third party advertisers concerning their products or services and/or events sponsored or hosted by such advertisers. We do not sell or give your email address to other companies for their own marketing purposes without your permission.

You may opt-out of some or all of these types of communications in your account settings. You may also unsubscribe from certain email communications by clicking on the “unsubscribe link” provided in such communications. You may not opt out of certain important email communications (e.g. account verification, payment receipts, technical and security notices) and by signing up for or using the Services, you thereby agree to receive such important email communications.

By providing us with a telephone number for a mobile device, including a number that you later convert to a mobile device number, you expressly consent to receiving communications—including but not limited to prerecorded or artificial voice message calls, text / SMS messages, and calls made by an automatic telephone dialling system—from NGOMA at that number, about the Services. This express consent applies to each such telephone number that you provide to us now or in the future. Calls and messages may incur access fees from your mobile service provider. You understand that you need not provide this consent as a condition of purchase, or by visiting, accessing or using the Services, and that you may revoke your consent at any time by emailing support@ngoma.app, or replying STOP in response to any text message you receive from NGOMA.

You may learn more about advertising networks and opt out of receiving personalised advertisements on this browser or device from advertisers who are members of the Network Advertising Initiative or who subscribe to the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioural Advertising by visiting the opt-out options of each of those organisations. Links to those sites are here:

• Network Advertising Initiative:
  • Browser Opt-Out: http://www.networkadvertising.org/choices/
• Digital Advertising Alliance:
  • Browser Opt-Out: http://www.aboutads.info/choices/
• Both Network Advertising Initiative and Digital Advertising Alliance
  • App Opt-Out: http://youradchoices.com/appchoices

Your device may include a feature (“Limit Ad Tracking” on iOS or “Opt Out of Interest-Based Ads” on Android) that allows you to opt-out of having certain information collected through apps used for interest-based advertising purposes. When you opt out of personalised advertising, you may continue to see online advertising on the Services and/or our ads on other websites and online services. Since this opt-out relies on cookies, if you delete your cookies, you will need to opt-out again.

When you opt out of personalised advertising, you may continue to see online advertising on the Services and/or our ads on other websites and online services.

If you have questions regarding your data stored with us, please contact us by email at support@ngoma.app.

8. DO NOT TRACK

The Services do not respond to Do Not Track (DNT) signals and handles all personal data consistent with its Terms and Conditions of Use and this Policy. Our apps do use performance data collected from apps for tracking purposes to assess app functionality. We also collect data such as; contact info, usage data, user content, diagnostics, financial Info, identifiers solely for app functionality, and product personalisation. We do not sell personal information, and we have not sold personal information. We also do not rent, sell, or share personal information about you that we collect on our Apps with other people or unaffiliated companies for their direct marketing purposes.

9. UNITED KINGDOM NOTICE AND PRIVACY RIGHTS

We do not sell personal information, and we have not sold personal information. We also do not rent, sell, or share personal information about you that we collect on the Services with other people or unaffiliated companies for their direct marketing purposes, unless we have your permission.

If you are a United Kingdom resident under the age of 18 and you wish to remove publicly available content or information posted by you on the Services, please contact us at support@ngoma.app. The removal described in the proceeding sentence does not ensure complete or comprehensive removal of the content or information you posted.

A UK consumer has the following rights: to request additional information about our data collection, use, disclosure, and sales practices in connection with the consumer’s personal information; to request the specific personal information collected about the consumer during the previous 12 months; and to request the deletion of the personal information we have about the consumer. A consumer may not be discriminated against for exercising the consumer’s UK privacy rights.

To make a request, you may email us at support@ngoma.app or contact us through the web page located ngoma.app/contacts. In most cases, you will be required to provide your name, email address, and date of birth so that we can verify your request, and in some cases additional information may be required.

Please note that, when you make a request, we may require that you provide information and follow procedures so that we can verify your identity (and the applicable jurisdiction). The verification steps we take may differ depending on the request. Where possible, we will attempt to match the information that you provide in your request to information we already have on file to verify your identity. If we are able to verify your request, we will process it. If we cannot verify your request, we may ask you for additional information to help us do so. We will respond to your request within the 45-day time period required by applicable law. However, we may not always be able to fully comply with your request, and we will notify you in that event.

10. CONDITIONS OF USE AND REVISIONS TO THIS POLICY

If you choose to visit, access, or use the Services, your visit, access and/or use and any dispute over privacy is subject to this Policy and NGOMA’s Terms and Conditions of Use, including limitations on damages, resolution of disputes — including an agreement to arbitrate, to not proceed in court or on a class or collective basis, and to not have the right to resolve disputes by a judge or a jury — and application of applicable laws of the Kingdom of eSwatini.

If we suspect misuse of the Services, we may combine the personal data we have collected in accordance with this Privacy Policy with other information in order to investigate the extent of the misuse and who is responsible.

The Services are subject to constant improvement and future changes may influence how we collect, use, share, and store your personal data. This Policy will be updated to reflect such changes, changes in legal framework or improvements in how we handle personal data.

Unless stated otherwise, NGOMA’s most recent Privacy Policy applies to all information that we have about you. We may e-mail periodic reminders of the Privacy Policy and Terms and Conditions of Use, but you should check the NGOMA website to see recent changes. Your continued visitation, access and/or use of the Services after any revisions or modification to this Policy will constitute acceptance of such changes.

11. LINKS TO OTHER WEBSITES AND ONLINE SERVICES

We are not responsible for the practices employed by any websites or services linked to or from the Services—such as, but not limited to, Facebook and Twitter—including the information or content contained within them. When you use a link to go from our Services to another website or service, our Privacy Policy does not apply to those third party websites or services. Your browsing and interaction on any third party website or service, including those that have a link on our Services, are subject to that third party’s own rules and policies. In addition, you understand and agree that we are not responsible and do not have control over any third parties that you authorise to access your personal data. If you are using a third party website or service and you allow them to access your personal data you do so at your own risk.

12. CONTACT INFORMATION

For more information, please contact:
NGOMA – Customer Support
 support@ngoma.app.

13. COOKIES LIST

The following service providers and trusted partners use cookies and similar technologies on the Services to provide us and you with their services.

*Mgazi Group, Sburify, MTN eSwatini, Eswatini Posts and Telecommunications Corporation & Swazi Mobile.