terms and conditions of use and privacy policy

terms and conditions of use and privacy policy

This document is intended for use by anyone who is to open a Smartel Money account. This document defines our responsibilities, those of the prospective user and the registered user.

1. OUR AGREEMENT

These are the terms and conditions ("Conditions of Use") upon which the user may use our Mobile Money Services (hereinafter, “the Services”). The user must read them carefully before deciding to register for the Services. By signing the registration form attached to these Conditions of Use, he agrees that we should register him as a user and that he has received, read, fully understood and accepts these Conditions of Use. Please note that these Conditions of Use together with his registration form constitute a binding agreement between the user and us. If the user does not accept these Conditions of Use, he must not proceed to register for and/or use the Services.

2. INTERPRETATION

a. unless the context indicates a contrary intention, an expression which denotes:

b. any gender includes the other gender;

c. "Account" - means the user’s Mobile Money account, which is the record of his E-Money maintained and administered by us.

d. "Agent(s)" - means person(s) registered or authorized by Smartel Money to provide the Services. The details of agents may be obtained from the Customer Call Centre and Smartel Money Centres.

e. "Agreement" - means these Conditions of Use together with the Registration Form.

f. “Cash” - means Lesotho Loti and South African rand, being the lawful currencies in Lesotho;

g. “Device” - means the mobile electronic (tablet or cell phone) used by the user to access the Services.

h. "Credit Balance" - means the amount of E-Money in the user’s account

i. "Debit" - means the transfer of E-Money out of user’s account.

j. "Debit Transaction" - means any transaction which results in a Debit of E-Money from user’s account as verified by Our Mobile Money system.

k. "Designated Payee" - means any person (including the user, another user or an agent) who is designated by the user, to be the recipient of E-Money from his account.

l. "E-Money" - means the electronic money issued by Smartel Money and representing a value equivalent to a user’s cash entitlement held in trust by the Trustee Bank in the Trust Account;

m. "Identification (ID) Number" - means the number associated with the form of identification provided to our satisfaction including passport number, voter registration card number etc.

n. "Mobile Money Services" - means the "Smartel Money Transfer Services" to be offered by Smartel Money, which will enable the user to perform the Transactions specified under clause 7.

o. "PIN" - means user’s personal identification number being the secret code the user choose to access and his Account and authorize transactions.

p. “Password” sequence of characters that must be keyed in to gain access to a the smartel money system

q. "SIM Card" - means the subscriber identity module which when used with The his cell phone or any card bearing device that enables the user to access and use the Mobile Money Services.

a. "SMS" means a short message service consisting of a text message transmitted from one Cell phone to another.

b. "Transfer Instructions" means instructions given via SMS or email for the transfer of E-Money from one user to another

c. "Trustee" means First National bank or any other partner banks which holds or may hold the aggregate of all sums equivalent to E-Money in user’s accounts.

d. Trust Account" means the bank account maintained by the Trustee into which all payments for E-Money are made and held by the Trustee on behalf of Users.

e. “User” means every person that uses the Mobile Money Services, whether registered or unregistered.

f. "We" or "us" or "our" means Smartel Money.

g. “Smartel Money” – means Smartel Money Limited, registration No.54886.

h. "The user” means the Smartel Money Customer.

3. HOW TO REGISTER FOR AN ACCOUNT

a. Any person who has any active phone number or email address may register for a Mobile Money account by completing a registration form online and submitting it to an agent (if the form is on paper).

b. Minors and other persons who do not have contractual capacity in terms of the laws of Lesotho will not be allowed to register for a Mobile Money account unless they are assisted by a legal guardian.

c. To register for an account, The user will be required to:

d. provide all of the details and particulars required in the Registration Form to Our satisfaction; and

e. Provide a copy of his ID document together with the original ID document for verification.

f. Once the user has completed the Registration Form and provided the agent with copies of all documentation required, the agent will deliver all of these documents to us for consideration and registration. Please note that Smartel Money reserves the right to decline to register and open an account for the user.

g. After the user has been successfully registered and an account created for the user, he will receive a confirmation SMS and/or email on his cell phone or email account. The user can then activate his account by following the instructions as will be given on the website, on download or with the registering agent.

h. Once his account has been activated, the user will be required to create a PIN or password, which will entitle him to use the Services with immediate effect.

i. The user may not open more than one account with us.

4. TRANSACTION FEES

a. The user will pay fees when the user performs transactions. Applicable fees can be obtained from authorized agents, by calling the Customer Call Centre or using our online ticket system, visiting the nearest Smartel Money Centre or from our website at www.smartelmoney.com under the Mobile Money section which can be accessed from the home page.

b. Fees payable on each transaction will be deducted from his Mobile Money account on conclusion of each transaction and new balance on conclusion of the transaction shall be notified to the user by SMS or email.

c. Fees include applicable taxes.

d. Smartel Money may revise applicable fees from time to time. We will notify the user of such change through any communication medium as we may determine 10 days prior to introducing the revised fees.

5. USING THE ACCOUNT

5.1 Transactions the user may use his account to perform the following transactions from his Cell phone:

i. Purchase E-Money by making a payment in cash (cash-in) directly to an agent in exchange for an equivalent amount of E-Money to be credited into his account.

ii. Exchange E-Money for cash (cash-out) from an agent by sending a transfer instruction to our Mobile Money platform pursuant to which the agent will pay the equivalent amount of cash to user.

iii. send E-Money to a registered user;

iv. Send E-Money to an unregistered user.

v. Buy prepaid airtime from Smartel Money with E-Money.

vi. Make purchases at retailing stores;

vii. Pay bills and utilities

viii. We reserve the right to add or substitute other transactions and functionalities to the Services from time to time and we will notify the user of such additions or substitution from time to time through such communication medium as we may determine.

ix. All Debit Transactions from the user’s account will be effected by transfer instructions authorized with his PIN, password or such other method we may prescribe from time to time. The user therefore acknowledges that, unless and until Smartel Money receives notice from the user that the his device has been lost or stolen, Smartel Money may rely on the use of the PIN or password as conclusive evidence that a Debit Transaction has been authorized by The user, even if it is actually made without his authority. Smartel Money shall not require any written confirmation of any transaction instruction.

x. Smartel Money may carry out identity and/or security checks when we receive his transfer instructions and we may refuse any transaction if we are not satisfied with the results of our checks.

xi. The user will not be able effect any transactions from his account in the event that he does not have sufficient E-Money to meet the value of the transaction plus fees applicable thereto.

xii. It is the user’s responsibility to ensure the correctness of the details of the designated payee and amounts which he intends to transfer before he effects a transaction. Smartel Money shall not be liable for reimbursing the user for E-Money sent to a wrong recipient by the user nor will it be obliged to reverse any wrongful transaction. We will confirm all his successful transactions by sending the user an SMS or email with his new account balance.

5.2 Transaction Limits

Below are the transaction ranges as dictated by the CBL know your customer policy. However they stand to be reviewed and updated as per package and account activity volume.

User Level	Period	Transaction Limit
Starter	Daily	M 1,000.00
	Monthly	M 3,000.00
	Annual	M 13,000.00
Typical	Daily	M 5,000.00
	Monthly	M 20,000.00
	annual	M120,000.00

The above limits may change from time to time and Smartel Money will notify the user of such change through such communication medium as we may determine.

· Any transactions which exceed the prescribed transaction limits will not be processed.

5.3 Statements on The user account

a. The user may obtain a balance on his account using the "balance enquiry" function on his application system at no cost to the user. Please note that printed statements will not be provided.

6. SECURITY MEASURES

a. The user is at all times responsible for the safekeeping and proper use of his device and password in relation to the Mobile Money services. As a measure to ensure the security of his account, the user will be given only 3 attempts to enter the correct PIN or password. If the user enters the wrong Password on his third attempt, his account will be suspended. To reactivate The his account, The user will be required to call the Customer Call Centre and follow the verification process directed by the Customer Call Centre agent or as suggested by the support ticket.

b. Only the user may use his Device and Password to access his account and the user will be responsible for all transactions made from his account.

c. The user may not disclose the password to anyone, including but not limited to his family members, employees of Smartel Money (including Customer Call Centre and Smartel Money Centre employees), employees of the Trustee Bank, agents etc.

7. SUSPENSION AND DISCONNECTION OF THE SERVICES/CLOSURE OF ACCOUNT

a. We may suspend, restrict or terminate provision of the Service and/or close user’s account without informing him and without any liability whatsoever (although, We will, where possible, try to inform The user that such action is or may be taken) if:

b. We are aware or have reason to believe that his Device or Password is or are being used in an unauthorized, unlawful, improper or fraudulent manner or for criminal activities (or has been so used previously);

c. The user does not comply with any of the conditions relating to the use of the Services which have been communicated to The user by Us, including these Conditions of Use;

d. The user does anything (or allow anything to be done) with his Device which we think may damage or affect the operation or security of this system.

e. His is disconnected from our service if his account has been inactive for a period of 215 days will be disconnected from the service;

f. We will close his account where The user have not provided a certified copy of his ID document or a reliable certified ID document per clause 3 (c)(d)(e) above within 30 days after being notified to provide the document.

7.2 We will close his account on receiving a written request from the user to do so or upon receiving written notification about his death.

7.3 We will not be responsible to the user for any direct, indirect, consequential or special damages arising from any act or omission by us or any third party for whom we are responsible, whether arising in contract, or statute, if we close or suspend the user’s account in terms of this clause 7.

8. GETTING ASSISTANCE

8.1 The user may call the Customer Call Centre or open a ticket if the user wants to do any of the following:

8.1.1 Receive information about agents;

8.1.2 Query his account;

8.1.3 Query any transactions performed through his account;

8.1.4 has a problem with the Service;

8.1.5 Lodge a complaint; and/or

8.1.6 Requires further information regarding the Services and our complaints procedure.

8.2 Mobile Money Services in Lesotho are regulated by the Central Bank of Lesotho. If the user is not satisfied with the outcome of a complaint, the user is welcome to approach the Central Bank with a request to intervene.

8.3 The contact details of the Central Bank are:

8.3.1 Telephone number: 2223 2000

Website: www.centralbank.org.ls

9. THE USER’S RESPONSIBILITIES

a. It is the user’s responsibility to ensure that the information provided to Smartel Money about himself is accurate. To this end, he shall undertake to Smartel Money that any information he provided to us is true and correct and that he will provide any additional information that we may require from time to time, failing which we will suspend his account.

b. The user will be responsible for payment of all applicable fees for any transaction effected using his account whether these were made by him or someone else with or without his authority or knowledge.

c. The user must not use the Services to commit any offence(s).

d. In the event of damage to, loss or theft device or hack of the account, user is obliged to inform us immediately of such damage, loss or theft or hack. We will then disable such damaged, lost device or hacked account.

e. The user will be responsible for all fees and transactions effected up to the time of receipt by Smartel Money of his report of the damage to, loss or theft of his device.

9.6 The user must comply with any instructions that Smartel Money may issue from time to time about the use of the Mobile Money Services.

10. REFUNDS

10.1 We will refund the transaction amount and fee or his credit balance if:

10.1.1 The user sends E-Money to an unregistered user who does not redeem the E-Money within 7 days and cancel the transaction after the expiry of the 7 days.

10.1.2 The user closes his account while the user still has E-Money in it. A refund resulting from closing an account will be treated as a cash-out transaction and will attract fees applicable to cash-out transactions. Refunds resulting from closing an account will be paid in cash and can be made by any registered agent following receipt of a request from the user to close the account.

10.1.3 The user has been wrongly charged by Smartel Money or where it is established that his account was debited without proper transfer instructions authorized by means of his PIN or password.

10.2 To cancel a transaction, or query his account (for unauthorized transactions and erroneous charges) and request a refund of the transaction amount and fee or unauthorized transaction amount or erroneous charge as the case may be, the user need to contact the Customer Call Centre or open a ticket. We will process such request and will credit the refund to his account.

10.3 In the event that his account is closed as a result of his death, the credit balance in the user’s account shall be paid over to a beneficiary stated in a beneficiary nomination letter or administrator nominated in the letters of administration issued by the Master of the High Court.

10.4 We will endeavour to effect refunds as soon as possible but in any event not later than 5 days from the date on which a claim for refund was made by the user.

10.5 Smartel Money does not have any obligation to cancel any transfer instructions and refund the user in the event of any dispute with any designated payee. The user is responsible for resolving any disputes arising with the designated payee without involving us.

10.6 If the user has E-money left in his account which has not been accessed for more than 10 years, we will transfer the cash equivalent of that E-Money to the relevant authorities in Lesotho.

11. CHANGES

We reserve the right to change these conditions of use from time to time. We shall give The user 21 days’ notice of any proposed changes through such communication medium as We may determine and The user shall be deemed to have been notified of any such variations regardless that the same may not have actually come to the his attention. After 21 days, the changes will be deemed to be fully effective. If he does not agree with the changes, the user must terminate the Services, otherwise the user shall be deemed to have accepted the changes.

12. EVENTS BEYOND OUR CONTROL

We may not be able to provide the services or perform our obligations as a result of events which are beyond our reasonable control including failure, malfunction or delay in banking channels and networks, the internet his Device, application software or even SIM card. Smartel Money will not be responsible for any loss arising as a result of the occurrence of such events

13. THE USER’S PERSONAL INFORMATION

13.1 The user acknowledges and agrees that we may disclose and/or receive personal information, communications or documents about him:

13.1.1 To and/from national and international law enforcement or any competent regulatory or governmental agencies to assist in the prevention, detection or prosecution of criminal activities or fraud.

13.1.2 to our legal advisors, financial advisors or auditors, or to a court of law in connection with any legal or other proceedings.

13.1.3 to our parent companies and its affiliates who will process his personal information to market and sell its products and services to him.

13.2 The user agrees that all of his information, including personal information and The his transactions will be recorded and Centred for record keeping purposes for 10 years from the date on which his account is closed.

13.3 The user consents that all communication and transactions may be monitored or recorded by us in accordance with the laws of Lesotho, for use in business practices, prevention of unauthorized use of Our information systems, the Mobile Money System, and in respect of the detection and prevention of crime

14. LIABILITY AND EXCLUSIONS

14.1 In the event that we are compelled to change or reassign our account numbering system to meet regulatory requirements or for any other reason, Our liability will be limited to retaining his account and where possible, transferring his account to a new account, failing which The user will be paid out the credit balance in his account in cash.

14.2 We make no representations and give no warranties of whatsoever nature to and in favour of the user, whether express or implied in respect of the Services.

14.3 All agents are no more than independent third parties authorized by Smartel Money or an approved Mobile Money super-agent to provide the Services and no partnership exists between Smartel Money and the agents. We accordingly bear no responsibility or liability for any default or negligence on the part of the agents in providing the Services.

14.4 We will use commercially reasonable efforts to ensure that the Service is secure and cannot be accessed by unauthorized third parties. We shall not be liable for any loss which the user suffers unless it is directly caused by our being grossly negligent or deliberately acting wrongly. Our liability for such acts will be limited to the amount of the loss that an ordinary person in his position would have suffered. For the avoidance of doubt, any such liability shall exclude liability for indirect, punitive, special and/or consequential losses and/or damages.

15. NOTICES

15.1 We are entitled to send information to the user via SMS to the contact Mobile Phone number or email supplied on his application form. These SMS's are for information purposes only.

15.2 The user should send any legal notice to us at our chosen address: Smartel Money Ltd Registered address.

16. GENERAL

16.1 The user will pay all our expenses for recovering any amounts the user owes us including legal fees, collection fees and tracing fees.

16.2 The user must notify us immediately of any change of his details in his registration Form.

16.3 All copyright, trademarks and other intellectual property rights used as part of the Services or contained in our documents are owned by Smartel Money or its licensors. The user agrees that he acquires no rights thereto.

16.4 This Agreement may not be assigned to any other person.

16.5 No failure or delay by either of us in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise thereof or the exercise of any other right or remedy.

16.6 The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law.

16.7 If any provision of these Conditions of Use shall be found by a court or of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions and all provisions not so affected by such invalidity or unenforceability shall remain in full force and effect.

16.8 Although Smartel Money will try to ensure that The user are able to make full use of the Network to access Mobile Money Services within Our coverage areas, We do not guarantee that the Mobile Money Services will be available at all times. Smartel Money will not be responsible or liable for any loss whatsoever or howsoever arising as a consequence of any non-availability of the Mobile Money Services.

16.9 We will not pay interest on E-Money held in his account.

17. DISPUTE SETTLEMENT AND GOVERNING LAW

17.1 This agreement is governed by the laws of Lesotho.

17.1.1 Any disputes arising out of this agreement and which cannot be settled amicably by the user and us will be submitted to litigation in the Magistrate Courts even if the claim made by either the user or us exceeds the jurisdiction of such courts.

18. PRIVACY POLICY

(a) Collection of personal information

When the user engages Smartel Money Services, we collect information sent to us by user’s computer, mobile phone or other access device. The information sent to us includes data on the pages he access, user’s computer IP address, device identifiers, the type of operating system he is using, users location, mobile network information, and standard web log data. Standard web log data includes the browser type he is using and traffic to and from our site. When he uses Smartel Money Services, we also collect information about user’s transactions and users activities.

When he downloads or use our mobile applications, or access one of our mobile optimized sites, we may receive information about user’s location and user’s mobile device, including a unique identifier for user’s device. We may use this information to provide him with location-based services, such as advertising, search results, and other personalized content. Most mobile devices allow him to control or disable location services in the device's settings menu. If he has questions about how to disable user’s device's location services, we recommend he contact user’s mobile service carrier or the manufacture of user’s particular device.

In addition, we may collect and store any information provided to us when the user engages Smartel Money Services, including when he adds information on a web form, add or update users account information, participates in community discussions, chats, or dispute resolutions, or when he otherwise corresponds with us regarding Smartel Money Services. When the user opens a Smartel Money account or uses Smartel Money Services, we shall collect the following types of information:

Contact information, such as user’s name, address, phone, email and other similar information.
Financial information, such as the full bank account numbers and/or credit card numbers that link to user’s Smartel Money account or the ones given to us when the user engages our services.
Detailed personal information such as user’s date of birth, driver’s license number, passport and passport number.

The user may also choose to provide us with access to certain personal information stored by third parties such as social media sites (e.g., Facebook and Twitter). The information we may receive varies by site and is controlled by that site. By associating an account managed by a third party with users Smartel Money account and authorizing Smartel Money to have access to this information, furthermore he (the user) agrees that Smartel Money may collect, store and use this information in accordance with this Privacy Policy.

We may collect information about users use and interaction with Smartel Money Services, In order to help protect him from fraud and misuse of users personal information, For example, we may evaluate users computer, mobile phone or other access device to identify any malicious software or activity.

We may also collect additional information from or about him from other sources, such as through contact with us, including our customer support team, results when he responds to a survey, and users interactions with members of the Smartel Money corporate family or other companies (subject to their privacy policies and applicable law), and from other accounts we have reason to believe he controls (whether in part or in whole).

(b) How we use Cookies

Cookies are small data files placed on user’s device through user’s web browser, and include “pixel tags” and “Flash” cookies When he accesses the Smartel Money Services, we (including companies we work with) may place “Cookies” on users computer or other device. Cookies are small data files placed on user’s device through user’s web browser. Below are the instances where we use cookies:

recognize him as a customer;
customize the Smartel Money Services, content and advertising;
measure promotional effectiveness;
help ensure that users account security is not compromised;
Mitigate risk and prevent fraud; and
Promote trust and safety across the Smartel Money Services.

The user is free to decline our Cookies if user’s browser or browser add-on permits, unless our Cookies are required to prevent fraud or ensure the security of websites we control. However, declining our Cookies may interfere with user’s use of the Smartel Money Services.

Throughout this Privacy Policy, we use the term "personal information" to describe information that can be associated with a specific person and can be used to identify that person. We do not consider personal information to include information that has been made anonymous so that it does not identify a specific user.

We protect the user’s information using physical, technical, and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure and alteration. Some of the safeguards we use are firewalls and data encryption, physical access controls to our data centers, and information access authorization controls.

(d) How Smartel Money may use the collected information

The primary purpose for collecting user’s personal information is to provide him with a secure, smooth, efficient, and customized experience. We may use user’s personal information to:

provide Smartel Money Services and customer support;
process transactions and send notices about users transactions;
verify user identity, including during account creation and password reset processes;
resolve disputes, collect fees, and troubleshoot problems;
to detect, prevent or remediate violations of policies or applicable user agreements;
customize, measure, and improve Smartel Money Services and the content and operation of our websites and applications;
perform targeted marketing, service update notices, and promotional offers based on users communication preferences;
manage and protect our information technology infrastructure;
contact him at any telephone number, by placing a voice call or through text (SMS) or email messaging, as authorized by our User Agreement;
perform creditworthiness and solvency checks, compare information for accuracy and verify it with third parties;
confirm users identity for the purposes of the Anti-Money Laundering and Counter-Terrorism Financing and well as to uphold the CBL’s know your customer policy;
manage our risks and help detect, prevent, and/or remediate fraud or other potentially illegal or prohibited activities; and
Improvement and design of products and services.

We may contact the user via electronic means or postal mail to notify him regarding user’s account, to troubleshoot problems with users account, or as otherwise necessary to service his account. Additionally, we may contact him to offer coupons and promotions, and inform him about Smartel Money Services and the services of our corporate family. Finally, we may contact the user as necessary to enforce our policies, applicable law, or any agreement we may have with him. When contacting him via phone, to reach him as efficiently as possible we may use and he consent to receive, autodialed or prerecorded calls and text messages. Where applicable and permitted by law, he may decline to receive certain communications.

(e) Marketing

Smartel Money does not sell or rent user’s personal information to third parties for their marketing purposes without user’s explicit consent. We may combine user’s information with information we collect from other companies and use it to improve and personalize Smartel Money Services, content, and advertising. If the customers does not wish to receive marketing communications from us or participate in our ad-customization programs, simply indicate users preference by logging into users account settings and deactivating such functionality.

We respect user’s communication preferences. If he no longer wishes to receive notifications via our application, he can adjust user’s preferences by visiting the settings page of the application.

(f) How we share personal information with other Smartel Money users

When transacting with others, we may provide those parties with information about the necessity to complete the transaction, such as users name, account ID, contact details, shipping and billing address, or other information needed to promote the reliability and security of the transaction. If a transaction is held, fails, or is later invalidated, we may also provide details of the unsuccessful transaction. To facilitate dispute resolution, we may provide a buyer with the seller’s address so that goods can be returned to the seller. The receiving party is not allowed to use this information for unrelated purposes, such as to directly market to him, unless he has agreed to it. Contacting users with unwanted or threatening messages is against our policies and constitutes a violation of our User Agreement.

If someone is sending the user money and enters users email address or phone numbers, we will provide them users registered name so they can verify they are sending the money to the correct account.

We work with third parties, including merchants, to enable them to accept or send payments or be using paid Smartel Money. In doing so, a third party may share information about himself with us, such as users email address or mobile phone number, to inform he that a payment has been sent to he or when he attempt to pay a merchant or third party. We use this information to confirm that he are a Smartel Money customer and that Smartel Money as a form of payment can be enabled, or to send he notification of payment status. Also, if he request that we validate user’s status as a Smartel Money customer with a third party, we will do so.

Please note that merchants, sellers, and users he buy from or contract with have their own privacy policies, and although Smartel Money’s User Agreement does not allow the other transacting party to use this information for anything other than providing Smartel Money Services, Smartel Money is not responsible for their actions, including their information protection practices.

Regardless, we will not disclose users credit card number or bank account number to anyone he have paid or who has paid he using Smartel Money, or with the third parties that offer or use Smartel Money Services, except with users express permission or if we are required to do so to comply with credit card rules, a subpoena, or other legal process.

We may share user’s personal information with:

· Members of or divisions within the Smartel Money corporate family, to help detect and prevent potentially illegal acts and violations of our policies, and to guide decisions about their products, services, and communications. Members of our corporate family will use this information to send he marketing communications only if the user has requested their services.

· Financial institutions that we partner with to jointly create and offer a product. These financial institutions may only use this information to market Smartel Money-related products, unless he has consented to other uses.

· Credit reporting and collection agencies to report account information, as permitted by law. To request a credit report or other information about him from a credit reporting agency, we will provide information to the credit reporting body that identifies him.

· Companies that we plan to merge with or are acquired by. (Should such a combination occur, we will require that the new combined entity follow this Privacy Policy with respect to user’s personal information. If user’s personal information could be used contrary to this Privacy Policy, he will receive prior notice.)

· Law enforcement, government officials, or other third parties pursuant to a subpoena, court order, or other legal process or requirement applicable to Smartel Money or one of its related companies; when we need to do so to comply with law or credit card rules; or when we believe, in our sole discretion, that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity or to investigate violations of our User Agreement.

Other unaffiliated third parties, for the following purposes:

· Fraud Prevention and Risk Management: to help prevent fraud or assess and manage risk. For example, if he uses the Smartel Money Services to buy or sell goods using online vendors, we may share account information in order to help protect user’s accounts from fraudulent activity, alert the user if we detect such fraudulent activity on user’s accounts, or evaluate credit risk.

· As part of our fraud prevention and risk management efforts, we also may share necessary account information with online vendors in cases where Smartel Money has placed a hold or other restriction on users account based on disputes, claims, chargebacks or other scenarios regarding the sale or purchase of goods. Also, as part of our fraud prevention and risk management efforts, we may share account information with online vendors to enable them to operate their programs for evaluating buyers or sellers.

· Customer Service: for customer service purposes, including to help service users accounts or resolve disputes (e.g., billing or transactional).

· Shipping: in connection with shipping and related services for purchases made using Smartel Money.

· Legal Compliance: to help them comply with anti-money laundering and counter-terrorist financing verification requirements.

· Service Providers: to enable service providers under contract with us to support our business operations, such as fraud prevention, bill collection, marketing, customer service and technology services. Our contracts dictate that these service providers only use the user’s information in connection with the services they perform for us and not for their own benefit.

· Other third parties with users consent or direction to do so.

Please note that these third parties may be in other countries where the laws on processing personal information may be less stringent than in the user’s country. However, we will ensure that we take reasonable steps to ensure the third parties do not breach the Australian Privacy Principles in relation to user’s personal information.

If one opens a Smartel Money account directly on a third party website or via a third party application, any information that he enter on that website or application (and not directly on a Smartel Money website) will be shared with the owner of the third party website or application. These sites are governed by their own privacy policies and he is encouraged to review their privacy policies before providing them with personal information. Smartel Money is not responsible for the content or information practices of such third parties.

How one can access or change his personal information

The user can review and edit his personal information at any time by logging in to users account and reviewing users account settings and profile, or contacting us directly. In certain circumstances where we refuse to grant the user access or correct user’s information, we will write to him and explain our reasons.

The user can also close users account through the Smartel Money website. If he close users Smartel Money account, we will mark users account in our database as "Closed," but may retain personal information from users account for a period of time to collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, prevent fraud, enforce our User Agreement, or take other actions as required or permitted by law.