Sift – terms of service

 

These terms of service comprise the terms and conditions set forth below and any additional terms on the Site (together “Terms of Service”) and govern your use of the services provided by Sift (“Sift” or “we”) to you under the brands of Sift.

Acceptance of Terms

You agree to be bound by the Terms of Service if you: (i) access the web site www.siftmobile.io and such other sites that are operated by Sift from time to time (the “Site”); (ii) download a Sift Application to your mobile device (an “App”); or (iii) use Sift’s services, as further described below, (the “Services”).

Sift may without notice renew, modify or amend the Terms of Service from time to time. If you continue to use the Services you accept such revisions.

Sift is operated by Mocom SAS, company registred in France, RCS 794 046 672,  4 avenue herbillon 94160 Saint Mandé. Payment is operated by our partners Docomo Digital and Paypal.

Jurisdictional Restrictions

If you are residing in a jurisdiction where it is prohibited by law to offer or use Internet telephony or the Services, you may not use the Services in such jurisdiction.

Third Party

Your access to and use of a service provided by a third party service or content provider, including but not limited to your local mobile operator (“Provider”), may also be subject to the Provider’s terms and conditions. As soon as your call is connected to a phone number provided by Sift, the call may be charged by your Provider, regardless of whether you are connected to the receiver of the call (e.g. even if the line is busy).

THE SERVICES

The Services consist of the Mobile Top Up Services (as defined below).

Use of the Services

You may only use the Services subject to your compliance with these Terms of Service.

Usernames and PIN

In order to use the Services, you are required to register as a user with Sift. You agree to provide true, accurate, current and complete information in all fields indicated as mandatory when registering for the Services, as well as any additional information provided or any amendments made by you. Subject to such registration you will receive access to your Sift account (the “Account”).

 

Unauthorized Use/Stolen Device

As part of signing up on the Site you will choose a password code (“Password”) required for access to and use of the Services. You are responsible for all actions that take place as a result of access to or use of the Services via your Password and/or via your mobile phone (“Device”) independently of whether the access was made by yourself or by a third party using your Password and/or Device.

If your Device is stolen or if you become aware of unauthorized use of the Services you must notify us immediately to suspend the Services and block your Account. You are responsible for all charges to your Account until the Services are suspended. We have the right to change your Password and account name at any time in our sole discretion and without notice.

No Unlawful or Prohibited Use

You expressly acknowledge and agree to use the Services solely for lawful purposes. In this respect you may not, without limitation (a) intercept or monitor, damage or modify any communication which is not intended for you, (b) send any unsolicited commercial communication, (c) use the Services in any fraudulent way, (d) submit or post to the Site or expose any third party to material which infringe any third party’s intellectual property rights or violate the rights of any third party, is offensive, defamatory, racist, pornographic, illegal, harmful to minors, indecent or otherwise, in Sift’s sole discretion, is objectionable. Furthermore, you may not submit or publish any material that solicit funds or services, contain advertising or include programs that contain viruses or any other programs designed to impair the functionality of any computer and you may not use the Services in any manner that could damage, disable, overburden, or impair any Sift server, or the network(s) connected to any Sift server, or interfere with any other party’s use and enjoyment of the Services.

Submission of information to Sift

In the course of using the Service, users may provide information about themselves which may be visible to certain other users (see our Privacy Policy to learn more about information collected on the Site). You grant Sift a royalty-free, world-wide, transferable, sub-licensable, perpetual and irrevocable license to use any information you post or transmit in the course of using the Services.

Disclosure of information

Sift reserves the right at all times to disclose any information as Sift deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove or restrict any information or materials, in whole or in part, in Sift’s sole discretion.

No warranties

Sift shall endeavor to provide the Services with minimum disruptions. However, Sift does not make any express warranty regarding the Services and disclaims any implied warranty, including any warranty of merchantability, satisfactory quality, or fitness for a particular purpose. Sift cannot guarantee that the Services will always function without disruptions, delay or other imperfections and Sift may choose not to provide service to countries or calling areas at its sole discretion.

Since the Services will be transmitted e.g. through public Internet lines and the public switched telephone network, you acknowledge that there may be power outages or Internet service disruption and you may experience some disruptions in the Services, e.g. packet loss and delay.

Additionally, you also understand that Sift cannot guarantee that information or communications sent using the Services are not encrypted and could be potentially subject to interception by law enforcement officials or other third parties over the public Internet. Sift will not be liable for any disruption, delays, interception or other omissions in the Services.

Suspension and Interruption of your Sift Account and the Services

Any fraudulent use of the Services, or any use for any illegal, improper or unethical purpose is strictly prohibited. Should Sift find or have reasons to believe that you are liable for any such use, Sift has the right to cancel your Sift Account immediately, without prior notice to you, and without any obligation to compensate you for any loss you may suffer due to such cancellation. In addition, Sift may prevent, at any time, in its sole discretion and without prior notice to you, any and all use of the Services for any reason whatsoever, including but not limited to, fraudulent patterns in the use of the Service, excessive usage, unlawful use, or any other misuse. Within such prevention, Sift has the right to suspend your Sift Account should Sift have any reason to suspect that you misuse the Services. You are fully responsible towards Sift for all (including any fraudulent) use of the Services which is or can be connected to your Sift Account.

Furthermore, Sift has the right, without any liability, to refuse, restrict, limit, suspend and/or interfere or interrupt the Services or any part thereof, without any prior notice to you, for the repair, improvement, and/or upgrade of such service or for any of the reasons for termination set forth in these terms, or any other business reason.

Communication

The content of the communications made using the Services are entirely determined by the person from whom such content originates. You therefore may be exposed to content that is offensive, harmful, indecent or otherwise objectionable. Sift will not be liable for any type of communication spread by means of the Services.

Intellectual property rights

All copyright, trademarks, patents and other intellectual property rights in any material or content (including without limitation software, data, applications, information, text, photographs, music, sound, videos, graphics, logos, symbols, artwork and other material or moving images) used in the provision of the Services or is either owned by Sift or has been licensed to Sift by the rights owner(s) for use as part of the Services. Nothing in these Terms of Service shall grant you any intellectual property rights in the Services or in respect of any content or communication delivered using the Services.

Furthermore, Sift has the right to remove any materials posted to the Site in its sole discretion.

MOBILE TOP UP SERVICES

Sift provides you with the possibility to transfer pre-paid airtime value to a pre-paid mobile phone subscription account by use of your Sift Account accessed through the App (“Mobile Top Up”), on the terms and conditions set forth in these Terms of Service.

By accessing the App, you will be able to purchase Mobile Top Up for transfer, in such denominations and amounts as are displayed in the user interface (from time to time), for transfer to end users with those mobile network operators and within such countries as are displayed (from time to time) in the App. There may also be maximum thresholds for the aggregate value that you may transfer at any given point in time. All values available for Mobile Top Up are stated VAT inclusive (if applicable) and inclusive of Sift’s service charges.

The value that you purchase for Mobile Top Up will be debited the credit card that you have connected to your Sift Account. You are responsible for all transactions performed by use of your Sift Account. By completing the Mobile Top Up as set forth in the App, you authorize us to transfer the value as ordered by you, to the mobile telephone number (the “MSISDN”) that you have identified. Sift will upon receipt of your order for Mobile Top Up make a reservation corresponding to the cost of the value and the transfer service to your credit card, and will upon successful completion of the Mobile Top Up, debit such cost to your credit card. Funds received by Sift for Mobile Top Up do not constitute funds held on account for the user. Sift will commingle the funds with its own funds.

Once the Mobile Top Up has been successfully completed, which will be notified to you, the value transferred cannot be refunded or removed from the receiving MSISDN. Please note that Sift does not assume any liability should you send Mobile Top Up to the wrong MSISDN.

Non-completed Transactions

Should a Mobile Top Up transaction not be successfully completed, Sift will notify you. A transaction can either (i) fail, meaning that the reservation of the charges to your credit card will be released, or (ii) be pending, meaning that the transaction is in progress (which may continue up to 24 hours) during which time the charge will remain reserved against your credit card, but not yet been debited (and no Mobile Top Up value will reach the receiver MSISDN).

Should it come to your knowledge that a Mobile Top Up initiated by you, the cost for which has been charged to your credit card, has not reached the MSISDN identified by you, you shall notify Sift within reasonable time and provide Sift with underlying documentation evidencing the cost which was debited your credit card, and identifying the MSISDN to which your ordered the Mobile Top Up. Sift reserves the right to charge you any costs which Sift may have for crediting value to your credit card, if Mobile Top Up has not been successfully completed and such failure has been caused by you.

PAYMENT, RATES AND ACCOUNTS

Payment

In order to purchase airtime value for transfer by use of the Mobile Top Up Services or to charge your Account you shall pay Sift the rates as stated on the Site, or the App as applicable depending on the type of Services that you use, by use of such payment methods as set forth on the Site or in the App, e.g. by connecting a credit card to your Account. Payments are either made manually by you or through the automatic recharge function activated by you.

Sift has the right to charge you for the use of the Mobile Top Up Service. Such service fee will not be communicated to you as a separate item, but will be included in the amount that will be debited your credit card as set forth in these Terms of Service.

Rates and VAT

Sift reserves the right to change the rates at any time without notice. If you do not wish to accept such adjustment of rates, you are entitled to terminate the Account with effect from the date on which the adjustment of rates would become effective..
Unless stated otherwise, all rates and charges for the Mobile Top Up Services shall be stated in Euro (EUR) and shall be exclusive of value added taxes (VAT) or any other applicable taxes or fees.

Refund

You may request for a refund by submitting a written request in English to Sift’s customer services at support@sift-lia.com. Refund requests carried out through other means shall not be eligible for the refund. For the avoidance of doubt, no refunds shall be given for services paid or credit acquired through vouchers, gift tokens or similar. Sift reserves the right to deny repetitive refund requests. Any abuse by you of the terms relating to refunds hereunder shall lead to the termination of this Agreement. All payments older than 90 days are non-refundable.

Account and receipt

Sift may provide an account history on the Site that includes information about your Account activity, payments, calling history during a limited period, and your current Account balance (“Account History”), which may change from time to time, and an e-mail receipt upon pre-payment for the Services. The Account History is the only statement of your Account that Sift will provide to you. IT IS YOUR RESPONSIBILITY TO PRINT OR SAVE A COPY OF YOUR CALL SHEET AND YOUR RECEIPT AND TO RETAIN COPIES FOR YOUR RECORDS. Sift will use commercially reasonable efforts to correct any technical failures relating to the Account History within a reasonable time. However, your inability to view the Account History does not extend, or relieve you of, your obligation to pay any amounts owing to Sift.

Accounting errors

If you believe that Sift has charged your Account in error, you must submit a written request in English or French for refund by contacting Sift’s customer services via support@sift-lia.com within 90 days after the date the error first appears on your Account History or within 120 days after the error occurred, whichever is earlier.

TERMINATION AND CANCELLATION

Service termination/default

If you breach any of the Terms of Service, or if you are subject to any proceeding under bankruptcy, insolvency, liquidation or similar laws, you will be in default and we may, without notice to you, suspend the Services and/or terminate the Terms of Service.

Cancellation of your Services

You may terminate the Terms of Service and cancel the Services at any time. Unless otherwise stated herein, all Services will be cancelled from the Site or within 5 days of receipt of written notice from you to Sift customer service

Limitation of Liability

Sift is not liable for acts or omissions of any Provider, for information provided through your Device, equipment failure or modification, or causes beyond our reasonable control. We are not liable for service outages or for service limitations or interruptions. We are not liable for any accidents or incidents which result from the use of the Services by you or any other person. Our liability and the liability of any underlying Provider for any failure or mistake shall in no event exceed the VoIP Services’ charges or the aggregate value for Mobile Top Up purchased by you (based on which Service has caused the loss or damage) during the affected period. We and any underlying Provider are not liable for any loss of data, loss of profit, loss of goodwill or loss or damage which is indirect, incidental, punitive or consequential. We, and any underlying Provider, are not liable for economic loss or injuries to persons or property arising from the use of the Services. This paragraph shall survive termination of the Terms of Service.

MISCELLANEOUS

Assignment

We may assign all or part of our agreement pursuant to these Terms of Service without your consent or notice. You may not assign our agreement without our prior written approval.

Indemnity

You agree to indemnify and hold Sift and its subsidiaries, affiliates, officers, agents or other partners, and employees, harmless from any claim or demand, including without limitation attorneys’ fees, made by any third party due to or arising out of your (a) use of the Site or the Services including without limitation posting and submitting of any material, (b) connection to the Site or the Services (c) violation of the Terms of Service, or (d) violation of any rights of another person or entity.

Applicable law and competent court

The Terms of Service shall be governed by and construed in accordance with the laws of France without giving effect to the conflict of laws or provisions of Luxembourg or your actual state or country of residence. Any dispute, controversy or claim arising out of or in relation to the Terms of Service, your relationship with Sift including any non-contractual obligations, will be exclusively subject to the jurisdiction of the courts of France.

Entire Agreement

These Terms of Service represent the entire agreement between you and us and supersedes all prior offers, contracts, agreements and representations. The Terms of Service supersede all promises made to you by our client services agents, representatives or employees. If any part of the Terms of Service is found invalid, the balance remains enforceable.

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.