Oju Holdings (Pty) Ltd, a South African company registered in terms of the Company Laws of the Republic of South Africa under registration number 2013/072216/07 (“Oju”, “our,” “we” or “us”) provides the following services to you, the OjuChat user:
- User registration and verification;
- One-to-one chat functionality;
- Group chat functionality;
- File sending functionality including video, photos, audio and documents;
- OjuChat stickers and emoticons (Emoju) access, purchasing, use and sharing functionality;
- Handset notification integration
Please read these Terms and Conditions of Service so you understand what you’re getting into when you register with Oju and make use of our Services.
OJU Ts & Cs
You agree to Oju Ts & Cs by installing, accessing or using our OjuChat app, services, features, software or website (“Services”).
You may be required to indicate your acceptance of the Oju Ts & Cs by clicking on the “I accept” button or check box when you initially access our Services and provide your opt-in Personal Information. In the absence of this functionality, you will be deemed to have accepted the Oju Ts & Cs by registering for our Services or using our Services.
By accepting the Oju Ts & Cs you agree to them and you represent to us that you are lawfully able to enter into and be bound by the agreement entered into between us. If you are accepting the Oju Ts & Cs on behalf of a company or other legal person, you represent that you have the requisite authority to bind such entity to the Oju Ts & Cs
“Customer Services” means Oju customer services;
“Location Data” is Service Use Data that is derived from your GPS, WiFi, compass, accelerometer, IP address or public posts that contain location personal data. You will disclose certain location personal data to us and to other OjuChat users:
- when you use certain location-based features when you share your location with other OjuChat users; and
- when you access OjuChat, we derive location personal data from your IP address, device or internet service to prevent multiple or fraudulent log-ins to your account.
- technical personal data, such as your mobile carrier-related personal data, configuration personal data made available by your web browser or other programs you use to access OjuChat, your IP address and your device’s version and identification number;
- general personal data about communications on the platform, such as the identity of a user that you have communicated with and the time, data and duration of your communications (but not the content of such communications, except where you are communicating with our support services team); and
- metadata, which means personal data related to items you have made available through OjuChat, such as the date, time or location that a shared photograph or video was taken or posted.
“Non-personal Data” means any personal data that has been rendered anonymous in such a way that the individual is not or is no longer identifiable;
“Oju Ts & Cs” means these terms and conditions;
“Service Use Data” means data relating to or arising out of your use of the Services, such as Log Data and Location Data;
“Personal Information / Personal Data” means any personal information, or combination of personal information, that relates to you specifically, that can be used (directly or indirectly) to identify you.
“Services” means the services provided by Oju including but not limited to OjuChat app, app services, app features, app software and Oju’s website;
“Shared Personal Data” is personal information about you or relating to you that is voluntarily shared by you on OjuChat. Shared Personal data may include messages you send to others on OjuChat (including your public profile, and photos, videos and voice recordings as accessed with your prior consent through your device’s camera and/or microphone sensor), any postings from others that you re-post and Location Data and Log Data associated with such postings. Shared Personal data also includes personal data about you (including Location Data and Log Data) that others who are using OjuChat share about you.
“User” means a registered and active user of our Services.
Should you want to become an OjuChat user, you will be required to register for our Services. This will involve you voluntarily and willingly opting-in to become an active user of our Services. Please note that by opting-in to our Services you give us your express permission to send information and messages to you and we will keep on doing so until you opt out of our Services. You also agree to receive information, messaging, text messaging and phone calls from us. You also agree to us using your Personal Information, as well as share the Service Use Data in the manner detailed in these T s & Cs. There are several ways to opt out of our Services which are detailed below.
To register for our Services you must provide Oju with accurate Personal Information and your current mobile phone number (if you change your mobile number you must update this on your OjuChat profile – failure to do so will mean that you won’t have access to our Services).
What else is required in order for you to register for our Services?
You must be at least eighteen (18) years of age to register with and use our Services. No Child (under 18 years of age under South African law) is permitted to register and use our Services.
Any person under the age of eighteen (18) years of age MAY NOT make use of our Services.
You must provide certain devices, software and data connections to access and use our Services, none of which will be provided by Oju as part of our Services. To make use of our Services you must also consent to downloading and installing updates to our Services (which preferably should be downloaded automatically).
You agree to be responsible for all carrier data fees (charged by your service provider) and any other fees and taxes associated with your use of our Services. In instances where we charge you for our Services, we may be obliged to charge legislated taxes as well (such as VAT).
So what Personal Information and consents are you required to provide to us?
On registration (ie when you set up your OjuChat account and profile) you are required to provide us with the following Personal Information. This Personal Information is mandatory, in other words, it’s the minimum Personal Information we require you to submit to us in order for us to activate your OjuChat account and for you to become an OjuChat user:
- your name;
- your mobile number.
You can decide whether or not to populate your OjuChat personal profile with additional Personal Information, including the uploading of a photograph of yourself, which will appear on your personal profile and next to each message you post.
We also collect Service Use Data when you use our Services (such as when you post files, chats, voice messages, download or purchase content via OjuChat).
On registration you agree:
- to provide us with the phone numbers of OjuChat users and your other contacts in your mobile phone address book on a regular basis. By consenting to this you also confirm that you are authorized to provide us such numbers to allow us to provide you with our Services;
- that we may use the personal data relating to who you communicate with and how frequently. This will enable us to create a favourites list of your contacts providing you with a choice of being able to create, join or get added to groups. We will associate these groups with your account personal data;
- that any Personal Information provided by you when using our customer support functionality including your email address (in the event of you having emailed us or should you have provided it to us) may be used by us in the provision of our Services;
- that your files, photos and voice messages are stored on your own device and that we do not permanently store copies of your messages. Once your messages (including your photos, videos, voice messages, files and share location data) are delivered, they are deleted from our servers;
- that if a message cannot be delivered immediately (for example, if you are offline), we may keep it on our servers for up to 3 days while we try to deliver it. If it’s not delivered during this period then we automatically delete it. To improve performance and deliver media messages more efficiently, such as when many people are sharing a popular photo or video, we may retain that content on our servers for a longer period of time;
- to the end-to-end encryption of your messages (which is a default function). End-to-end encryption means that your messages are encrypted to protect against us and third parties from reading them;
- to us using whatever Personal Information you may provide us through our customer service facility, including copies of your messages and how we may contact you to provide customer support.
How do we use your Personal Information?
- To set-up your account, to facilitate communications, provide support and to improve our Services to you – essentially we use your Personal Information to provide our Services to you, to allow you to communicate with other OjuChat users and for you to use the range of OjuChat features.
- Your personal contact details (for eg your mobile number) are used to verify and protect your account, as well as for important administrative purposes.
Who do we share your Service Information with?
- We DO NOT share your Personal Information with any third parties without your express consent.
- We DO share your Personal Information with third parties who provide support services to us (for example SMS service providers for account validation, mapping and points-of-interests services, translation services and other support services) and by agreeing to Oju Ts & Cs you consent to us doing so. We use these third-party service providers solely to process or store your Personal Information for the purposes described in Oju Ts & Cs.
- We also share your Personal Information and Service Use Data as required by law.
- We DO NOT share your Personal Information with third parties for the purposes of marketing and advertising products and services to you UNLESS you have specifically agreed that we may do so.
Where do we store and process your Personal Information?
- Our servers are located in South Africa.
- Our support, engineering and other teams that support the provision of our Services to you are located in Johannesburg, South Africa.
- Strict internal control measures are undertaken to limit internal access to your Personal Information.
How long do we retain and store your Personal Information?
- As long as you are an active user of our Services we will retain and store your Personal Information.
- If you instruct us to delete your OjuChat account, your Personal Information will be deleted within 3 days of the date of receipt of your account deletion request and the validation by us of your account ownership.
- If your account is inactive for a period of 180 days we reserve the right to terminate your account but we will notify you before we do. In such a case your Personal Information will be deleted within 3 days of us notifying you.
- Certain Personal Data (for eg your log-in data) is retained by use for up to 180 days from the date the data is collected.
Can I access my Personal Information?
- YES, you have full access to your Personal Information.
- We recognise that you have personal legal rights over your Personal Information and how we can use it.
- One of your rights is that you can access your Personal Information - you can update it, erase certain data (although we require certain base Personal Information for your account to function and for you to be able to use our Services, as detailed above), restrict us on how we can use it, objecting to its use in certain circumstances and secure a copy of it for your personal records.
What if we change the Oju Ts & Cs ? How will we notify you of changes?
If there are any material changes to the Oju Ts & Cs, update these during an App update and notify you of such
Communication with us