This is the complete, strategically revised document (General Terms of Use - TOU) translated into English. The critical fiscal modifications are highlighted in bold.
The Sift service is published by the company MOCOM SAS, a simplified joint-stock company with a share capital of €50,000, registered in the Trade and Companies Register under number 794 046 672, with its registered office located at 18 impasse de la fontaine St Pierre, 56270 Ploemeur, France.
These Terms of Use comprise the general conditions described below as well as the supplementary service conditions (together "Terms of Use") and govern your use of the services provided to you by Sift ("Sift" or "we") under Sift's brand names.
You agree to be bound by the Terms of Use if: (i) you access the website www.siftmobile.io as well as other sites managed by Sift, if applicable (the "Site"); (ii) you download a Sift application to your mobile device (an "Application"); or (iii) you use Sift's services as described in more detail below (the "Services").
Sift may renew, modify, or change the Terms of Use without notice as applicable. You agree to such revisions if you continue to use the Services.
If you reside in a jurisdiction where the law prohibits offering or using the Services provided by Sift, you will not be able to use the Services within that jurisdiction.
Your access to and use of a service provided by a third party or content provider, including but not limited to your local mobile operator ("Provider"), as well as our partner for Digital Gift Cards (our "Principal"), may be subject to the Provider's or the Principal's terms and conditions.
The Services offered by Sift consist of two distinct components:
Mobile Phone Credit Top-up (hereinafter the "Mobile Top-up").
Marketing and Distribution of Digital Gift Cards (hereinafter the "Gift Cards").
The use of the Services is governed by these Terms of Use.
Sift offers you the possibility to transfer pre-paid phone credit to a pre-paid mobile phone subscription account using your Sift account through your Application ("Phone Credit Top-up"), in accordance with the general conditions set out in these Terms of Use.
By accessing the Application, you may purchase mobile Phone Credit for transfers, in accordance with the names and amounts displayed in the user interface (from time to time), to transfer them to end-users subscribed to mobile network operators and present in the countries displayed in the Application (where applicable). The accumulated credits you may transfer may also be capped at any time. All available credits for Phone Credit Top-up displayed include Sift's commissions.
Territoriality and VAT Provision: By accessing this Service, you expressly acknowledge and agree that the Mobile Top-ups sold are intended to be transferred and are technically usable only by operators and subscribers located outside the European Union. MOCOM SAS acts as a reseller for this service. Consequently, in accordance with the tax provisions relating to effective use and enjoyment (Article 59 bis of the VAT Directive, transposed into French law), these sales are not subject to French VAT.
The credit you purchase for the Phone Credit Top-up will be debited from the credit card you have linked to your Sift account. You are responsible for all transactions carried out through the use of your Sift Account. By proceeding with the Phone Credit Top-up as established in the Application, you authorize us to transfer the credit you ordered to the mobile phone number (the "MSISDN") you entered. Upon receipt of your order for the Phone Credit Top-up, Sift will hold a deposit on your credit card corresponding to the value of the credit and the transfer cost, and will then debit it as soon as the Phone Credit Top-up has been successfully completed. The sums received by Sift for the Phone Credit Top-up are not deposited into the user account. Sift will associate these sums with its own funds.
When the Phone Credit Top-up has been successfully completed, of which you will be notified, the transferred credit cannot be refunded or withdrawn from the destination MSISDN. Please note that Sift declines any responsibility if you have sent the Phone Credit Top-up to an erroneous MSISDN.
Uncompleted Transactions Sift will notify you if a Phone Credit Top-up transaction has failed. A transaction may either (i) fail, meaning the deposit on your credit card will be released, or (ii) be imminent, meaning the transaction is in progress (this may take up to 24 hours), during which time the deposit will remain valid on your credit card, but will not yet be debited (and no Phone Credit Top-up will reach the destination MSISDN).
If you learn that a Phone Credit Top-up you requested, the cost of which was debited from your credit card, has not reached the MSISDN you entered, you must notify Sift within a reasonable period and provide documented proof indicating the cost debited from your credit card and the MSISDN to which you transferred the Phone Credit Top-up. Sift reserves the right to charge you any fees incurred by a refund to your credit card if the Phone Credit Top-up failed due to your action.
Sift offers Digital Gift Cards by acting as a commercial intermediary for its partner and Principal, DtOne Singapore.
Role of MOCOM SAS: Concerning Gift Cards, MOCOM SAS acts exclusively as a Transparent Agent, in the name and on behalf of DtOne Singapore. The sale of the gift code is deemed to be concluded directly between the end-customer and DtOne Singapore (the actual Seller). MOCOM SAS only intervenes for the provision of its network, the technical management of the payment, and the transmission of the code via its API.
Remuneration and Flow: The amounts paid for the acquisition of a Gift Card are collected by MOCOM SAS on behalf and for the account of DtOne Singapore. Only the intermediation commission received by MOCOM SAS constitutes the company's revenue from this activity.
Product Liability: DtOne Singapore is solely responsible for the validity, warranty, activation, and functioning of the digital gift code. MOCOM SAS, as a mere technical intermediary, declines all liability relating to the final product. Any claims concerning the product must be addressed to the Principal (DtOne Singapore) or, if applicable, to Sift's technical support service which will forward the claim to the Principal.
You are only authorized to use the Services if you agree to comply with these Terms of Use.
You are required to register as a user with Sift if you wish to use the Services. You undertake that the information you provide is true, accurate, current, and complete in all fields designated as mandatory during your registration to use the Services, as well as any additional information you have provided or any changes you have made. After registering, you will be able to access your Sift account (the "Account").
Upon registration to the Site, you will choose a password ("Password") required to access and use the Services. You are responsible for all actions that will occur following access to or use of the Services by means of your Password and/or your mobile phone ("Device"), whether it is you or a third party who has accessed the Services using your Password and/or your Device. If your Device is stolen or if you become aware of any unauthorized use of the Services, you must notify us immediately so that we can suspend the Services and block your Account. All charges related to your Account will be your responsibility until the Services are suspended. We have the right to change your Password and the name of your Account at any time at our sole discretion and without notice.
You expressly acknowledge and agree to use the Services only for lawful purposes. To this end, you will in no way be authorized, and without limitation, to (a) send any unsolicited commercial communication, (b) use the Services in a fraudulent manner, (c) send or post on the Site or expose any third party to content likely to infringe the intellectual property rights of any third party or violate the rights of any third party, or content that is offensive, defamatory, racist, pornographic, illegal, harmful to minors, indecent, or objectionable at Sift's sole discretion. Furthermore, you will not be authorized to send or post content soliciting funds or services, containing advertising, or including programs that contain viruses or any other program designed to impair the functionality of a computer; you will in no way be authorized to use the Services in a manner likely to damage, disable, overburden, or impair the operation of a Sift server, or the network(s) connected to the Sift server, or interfere with another party's use of the Services.
Sift reserves the right at any time to disclose any information deemed necessary to satisfy the requirements of any applicable law, regulation, legal proceeding, or governmental request, or to modify, refuse to publish, remove, or restrict any information or content, in whole or in part, at its sole discretion.
Sift will endeavor to provide the Services with minimal disruption. However, Sift makes no express warranties with regard to the Services and disclaims all implied warranties, including any warranty of merchantability, satisfactory quality, or fitness for a particular purpose. Sift cannot guarantee that the Services will operate continuously without disruption, delay, or other imperfections, and may not serve certain countries or areas at its sole discretion. Knowing that the Services will be transmitted, for example, through public Internet lines and public switched telephone networks, you accept the occurrence of power outages or Internet service interruptions and you acknowledge that you may experience disruptions in the context of the Services (example: delay in the transfer of a top-up). Furthermore, you also understand that Sift cannot guarantee that information or communications sent using the Services will not be encrypted and that they could potentially be intercepted by law enforcement officials or other third parties through the public Internet network. Sift shall not be held responsible for any delay, disruption, interception, or other omission in the context of the Services.
Any fraudulent or illegal, inappropriate, or immoral use of the Services is strictly prohibited. If Sift discovers or has reason to believe that you are responsible for any of these uses, we have the right to cancel your Sift Account immediately, without notice and without being obliged to reimburse you for any losses you may have suffered due to such cancellation. Furthermore, Sift may prohibit, at any time, at its sole discretion and without notice, any use of the Services for any reason, including but not limited to fraudulent behaviour during the use of the Service, excessive, illegal, or any other misuse. In the context of this prevention, Sift has the right to suspend your Sift account if we have reason to believe that you are abusing the Services. You are fully responsible towards Sift for any use (including fraudulent) of the Services related or potentially related to your Sift Account. Furthermore, Sift has the right, without incurring any liability, to refuse, restrict, limit, suspend, and/or interfere with or interrupt the Services or a part thereof, without notice, in order to repair, improve, and/or upgrade said service or for one of the reasons leading to termination as set forth in these conditions, or for any other commercial reason.
All copyrights, trademarks, patents, and other intellectual property rights present in any material or content (including but not limited to software, data, applications, information, texts, photographs, music, sounds, videos, graphics, logos, symbols, graphics, and any other material or animated images) used for the provision of the Services are either owned by Sift or granted to Sift by the rights holder(s) for use in the context of the Services. Nothing in these Terms of Use grants you any intellectual property rights in the context of the Services or with regard to any content or communication provided in the context of the use of the Services. Furthermore, Sift has the right to remove all content published on the Site at its sole discretion.
Payment: To purchase phone credit for transfer using the Phone Credit Top-up, or to acquire a Digital Gift Card, you must pay Sift the rates appearing on the Site or in the Application, using the payment methods described on the Site or in the Application (for example, by linking a credit card to your Account). You may make payments either manually or by activating the automatic top-up function. All transactions made with credit and debit cards are debited at the time of purchase.
Sift has the right to charge for the use of the Phone Credit Top-up service. Said fees will be communicated to you separately but will be included in the amount that will be debited from your credit card, as established in these Terms of Use.
Sift will associate the sums received with its own funds, subject to the amounts due to its partners (Principals) which are considered funds held for third parties' account.
Rates: Sift reserves the right to change rates at any time without notice. If you do not accept said rate changes, you are authorized to terminate the Account as of the effective date of said changes. Unless otherwise stipulated, all rates and fees related to the Phone Credit Top-up Services will be denominated in Euros (EUR).
Account and Receipt: Sift may make an account history available on the Phone Credit Top-up application. It will include information relating to your Account activity, payments. The Account History constitutes the sole statement of your Account that Sift will make available to you. IT IS YOUR RESPONSIBILITY TO PRINT OR KEEP A COPY OF YOUR STATEMENT AND KEEP COPIES FOR YOUR RECORDS. Sift will endeavour as far as possible to correct any technical problem related to the Account History within a reasonable time. However, the impossibility of consulting the Account History does not extend or release you from your obligation to pay any amount due to Sift.
Accounting Errors: If you believe that Sift has charged your account in error, you must send a written request for a refund in French to Sift customer service at hello@siftmobile.io within 90 days from the date the error appeared on your Account History.
Default/Service Termination: If you breach any of the Terms of Use, or if you are subject to any bankruptcy, insolvency, liquidation, or similar proceedings, you will be considered in default and we may, without notice, suspend the Services and/or terminate the Terms of Use.
Cancellation of your Services: You may terminate the Terms of Use and cancel the Services at any time. Unless otherwise indicated herein, all Services will be cancelled from the Site or within 5 days following receipt of a written notification sent by you to the following address: hello@siftmobile.io.
Sift declines all liability with respect to the acts or omissions of any Provider, the information provided via your Device, hardware failures or modifications, or causes beyond our reasonable control. We decline all liability with respect to service breakdowns, restrictions, or interruptions. We decline all liability with respect to accidents or incidents arising from your use of the Services or that of any other person.
Our liability and that of any Provider in the event of failure or error shall in no case exceed the cumulative value of the Phone Credit Top-up you purchased during the period concerned. For Digital Gift Cards, our liability is strictly limited to the proper execution of our intermediation service (payment and code transmission), all other liability falling to DtOne Singapore.
We, as well as any Provider, decline all liability with respect to any loss of data, profit, goodwill, or indirect, incidental, moral, or consequential loss or damage. We, as well as any Provider, decline all liability with respect to any economic loss, personal injury, or property damage arising from the use of the Services. This paragraph shall remain in force after termination of the Terms of Use.
Assignment: We may assign all or part of our agreement in accordance with these Terms of Use without your consent or notice. You will not be authorized to assign our agreement without having received our prior written consent to this effect.
Indemnification: You agree to indemnify and hold Sift, as well as its subsidiaries, affiliates, agents, officers, or other partners and employees, harmless from all liability with respect to any claim or complaint, including but not limited to attorney's fees, made by any third party and relating to or arising from your (a) use of the Site or the Services including but not limited to, your (b) connection to the Site or the Services, your (c) breach of the Terms of Use, or your (d) violation of any right belonging to another person or entity.
Applicable Law and Jurisdiction: The Terms of Use will be governed by and construed in accordance with French law, without giving effect to the principle of conflicts of laws, the provisions or the state or country in which you currently reside. Any conflict, controversy, or claim arising out of or relating to the Terms of Use, your relationship with Sift including any non-contractual obligation, will be exclusively subject to the jurisdiction of the French courts.
Contact Information: Mocom SAS 18 impasse de la fontaine St Pierre 56270 Ploemeur
hello@siftmobile.io
SIFT Privacy Notice
We recognize that protecting personal information is very important to you and that you have an interest in how we collect, use, store and share such information. We always respect our customers’ privacy and personal information and we take this matter very seriously. We have worked very hard to earn our customers’ trust and keeping it is our top priority.
That’s why we comply with the obligations that are laid out under data protection laws.
This privacy notice sets out how we, as a data controller, will use and protect your information.
We will use your personal information only for the purposes and in the manner set out in this privacy notice. We recommend that you read this privacy notice carefully.
Please note: you have the right to object to the processing of your personal data where that processing is carried out for our legitimate interests or for direct marketing purposes.
1. About us
www.siftmobile.io and any associated Sift mobile applications, present or future, (each the “Applications”) are operated by, and the top-up services (and any other services available on the Applications from time to time) (“Services”) are provided by, Mocom SAS, SIFT Mobile (“Sift”, “we” or “us”). We are registered in France with registered number 794 046 672 and we have our registered office at 4 avenue herbillon 94160 Saint Mandé.
Sift is a registered business name of Mocom SAS.
All correspondence in relation to any Sift company should be sent to 4 Avenue Herbillon 94160 Saint Mandé. France
2. How can you get in contact with Sift?
If you have any questions about this privacy notice or any other queries or complaints, our customer care team is here to help – please email us: hello@siftmobile.io
3. Scope of Sift’s privacy notice?
Personal data is information that identifies a person or can be used to identify a person. For us to provide our Services to you, we need to collect and process personal data about you. Without this information, we may not be able to provide our Services to you.
This privacy notice will apply to personal data about you collected by us through the Applications or otherwise. It also applies to any third parties whose personal data you provide to us in respect of which we are a data controller. You acknowledge that you have informed any such third party that their personal data may be collected and processed by Sift and made them aware of this privacy notice.
Any changes to Sift’s privacy notice will be posted clearly on our Applications.
4. What data does Sift collect?
We may collect and process the following information about you:
· Contact Details : name; email address; telephone number; social media ID;
· Payment Details : cardholder name; credit or debit card details (however, we only retain certain parts); chargeback information;; Paypal ID;
· Transaction Details : top-up transaction amount and currency;
· Electronic Identifying Details : IP address; SMS content; cookies; activity logs (e.g. user session recordings); online identifiers; device identifiers (e.g. the mobile device and/or the internet browser that you use) and geolocation data;
· Correspondence and complaints : any correspondence that you choose to send to Sift (including complaints); any information you provide to our customer care team; any information you publish about Sift (including on the app stores);
· Transaction History: details of the top-up transactions you carry out on, and your visits to, the Applications. If you choose to grant the mobile applications access to contact information through your device, we may collect this information, including names, telephone numbers, email addresses and social media identifiers. We use this information to help us deliver the Services to your contacts in the most efficient manner and for the other purposes listed below.
5. How does Sift collect your personal data ?
You provide us with your personal data when you register for, or use our Services. We may also collect personal data about you from third parties (e.g. in the event of chargebacks or through third party direct marketing services). We also collect information about you through your use of our Applications, your visits to our Applications and details of the transactions you carry out of our Applications. When you visit our Applications, your device and/or browser may automatically disclose certain information (such as device type, operating system, browser type, browser settings, IP address, language settings, dates and times of connection to an Application or other technical communications information), some of which may constitute personal data.
6. Why do we process your personal data and what is our legal basis for doing so ?
Reason for processing personal data
· To help you purchase the Services that you have requested and to process any payment
connected with that Services request
· To deliver the Services that you have requested to the recipient of the Services
· To contact you if it's required in relation to the Services that you have sent or to reply to any
communications that you might have sent us.
Legal Basis for processing your personal data
· The use is necessary for the performance of a contract to which you are a party or in order to
take steps at your request prior to entering a contract
Reason for processing personal data
· To provide you with information on products or services that might interest you
· To notify you about any changes to the Applications or Services
· To ensure that content on the Applications is presented in the most effective manner for you
and your device
· To provide you with customer care
· For marketing analysis
· For security and fraud prevention purposes
· To help improve our Applications and our Services
Legal Basis for processing your personal data
· The use is necessary for the purpose of our legitimate interests
We will also process personal data as is necessary to comply with any of our legal obligations. We will inform you in advance if we intend to further process your personal data for a purpose other than as set out above. We will also seek your specific consent to the processing of personal data for other specific purposes. You will have the right to withdraw such consent at any time.
7. Do we carry out any automated processing of your personal data ?
We use automated statistical analysis of the personal data we collect about you in order to comply with our legal obligations to detect and prevent fraud, dishonesty and other crimes. We may use automated processing to screen for suspicious transactions, or to identify transactions that may be subject to international sanctions.
When we make solely automated decisions that affect you in a legal or a significant way, you have the right to provide your point of view and have those decisions reviewed by a member of our staff.
8. What happens if you do not provide us with your personal data ?
If you do not provide us with your personal data or object to the use of certain personal data, we may not be able to provide the Services to you. We will tell you when we ask for information which is a contractual requirement or needed to comply with our legal obligations.
9. Who do we disclose your personal data to ?
We currently share your personal data, where necessary, with the following recipients:
· you and, where you request, any third party you ask us to share it with;
· mobile operators (directly or via third parties);
· anti-fraud service providers;
· governmental, legal, regulatory, or similar authorities, on request or where required, including for the purposes of reporting any actual or suspected breach of applicable law or regulation;
· third party payment processors;
· direct marketing service providers;
· data analytics service providers (e.g. Google Analytics, Appsflyer);
· third party service providers used for the delivery of some aspects of the Services (e.g. SMS delivery, email delivery, web notifications, app notifications and phone number lookup);
· hosting infrastructure companies based in the EEA;
· potential purchasers or bidders.
Our Applications may, interface with third party services that you have previously interacted with (e.g. Facebook and Google), or contain links to third party content (e.g. mobile operator content). Please note that Sift is not responsible for such services or content, or the privacy policies associated with those services or content. We recommend that you review any third party’s privacy policy before accessing such services or content.
10. Does Sift transfer your personal data outside the EEA?
Sift may be required to transfer your personal data outside the EEA for the purposes of providing the Services. To ensure that your personal data receives an adequate level of protection and is treated securely, we have put the appropriate safeguards in place to protect the privacy and integrity of such personal data when being transferred outside the EEA.
11. What if Sift is bought by another company?
We reserve the right to transfer information (including your personal data) to a third party in the event of a sale, merger, liquidation, receivership or transfer of all or substantially all of the assets of our company. The third party must only use your personal data for the purposes that you provided it to us in the first place and as set out in this privacy notice. You will be notified in the event of any such transfer.
12. Data Security
We have implemented appropriate technical and organizational security measures designed to protect your personal data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, unauthorized access, and other unlawful or unauthorized forms of Processing, in accordance with data protection laws.
You are responsible for ensuring that any personal data that is sent to us is sent securely.
13. How long do we keep your personal data?
We will keep your personal data only for so long as is necessary to carry out the purposes set out above and to comply with any legal obligations. The criteria for determining the duration for which we retain your personal data are whether it is necessary:
· to maintain an ongoing relationship with you (e.g. to provide our Services to you or where you are lawfully included in our direct marketing lists and have not unsubscribed);
· in connection with the lawful purposes set out in this policy, or where we have a valid legal basis; or
· to comply with any applicable limitation period under applicable law, and a reasonable amount thereafter.
Once the periods above have concluded, we will either:
· permanently delete or destroy the relevant personal data;
· archive your personal data so that it is beyond use; or
· anonymise the relevant personal data.
14. Where does Sift hold your personal data?
Your personal data is held by us on secure servers which are hosted by Sift or by a third party hosting infrastructure company located within the EEA.
15. Your Rights
You have a right to obtain a copy of, and the right to rectify any inaccuracies in, the personal data we hold about you by making a request to us in writing. You also have the right to request erasure, restriction, portability, or object to the processing, of your personal data or not to be subject to a decision based on automated processing, including profiling. You should inform us of any changes to your personal data. Any requests made under this section can be made using the contact details set out below. We will respond to your request in writing, or orally if requested, as soon as practicable and in any event not more than one month after receipt of your request. You have the right to lodge a complaint with the Office of the Data Protection Commission if unhappy with how your personal data is being handled by us. Their contact details are as follows:
Commission Nationale de l’Informatique et des Libertés (CNIL)
3 Place de Fontenoy
TSA 80715
75334 PARIS CEDEX 07
Téléphone : +33 (0)1 53 73 22 22
If we are relying on your consent to allow us to process your information, you can withdraw your consent at any time. From that point on we would no longer be able to carry out the processing we were carrying out with your consent. Any processing we carried out before you withdrew your consent would remain valid. We do not generally rely on consent for processing personal data.
Please contact us at hello@siftmobile.io or at Sift, 4 Avenue Herbillon 94160 Saint Mandé, France to exercise any of your rights under this section.
16. Will Sift use your personal data for direct marketing purposes?
Where we have your consent to do so, we will use your personal data to send you information by SMS, email or app notifications relating to our products and services which may be of interest to you or similar products and services to those you have previously purchased from Sift.
17. Can you opt-out/unsubscribe from direct marketing?
You will be provided with an opportunity to opt-in at the point of registration. You can also opt-out at any time, free of charge, by: (i) for SMS and email, by using the unsubscribe facility in the SMS or email that Sift sends to you; (ii) for push notifications, by opt-out in the Sift Mobile application menu; or (iii) by sending an email to hello@siftmobile.io
Sift does not sell or share your personal data with subsidiary companies or third parties for marketing or profit purposes.
