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Glossary

Use this list to understand all the subsidiary and partner companies associated to MTN.

The following companies are jointly referred to as MTN South Africa:

MTN Group Limited (the Group)

M-Cell Limited (M-Cell, former group name)

Mobile Telephone Networks Holdings (Proprietary) Limited (MTN Holdings)

Mobile Telephone Networks (Proprietary) Limited (MTN)

MTN Service Provider (Proprietary) Limited (MTN Service Provider) - formerly known as M-Tel (Proprietary) Limited

i-Talk (Proprietary) Limited (I-Talk)

Leaf Wireless (Proprietary) Limited (Leaf)

New Bucks Holdings (Proprietary) Limited (e-Bucks)

The following companies are jointly referred to as MTN International:

MTN International (Proprietary) Limited (MTN International) - formerly Mobile Telephone Networks Africa (Proprietary) Limited

MTN International (Mauritius) Limited (MTN Mauritius) - formerly Mobile Telephone Networks International Limited

MTN Nigeria Communications Limited (MTN Nigeria)

Mobile Telephone Networks Cameroon Limited (MTN Cameroon)

MTN Uganda Limited (MTN Uganda)

Rwandacell S.A.R.L. (MTN RwandaCell)

Swazi MTN Limited (MTN Swaziland)

The following companies are jointly referred to as Strategic Investments:

MTN Network Solutions (Proprietary) Limited (MTN Network Solutions) - formerly known as Citec (Proprietary) Limited

Orbicom (Proprietary) Limited (Orbicom)

PAIA ACT

MANUAL PRODUCED IN TERMS OF SECTION 51 OF THE PROMOTION OF ACCESS TO INFORMATION ACT NO. 2 OF 2000

A PDF reader such as Adobe Acrobat is required to access this application form.

Download the requirements memo

Download Prescribed Form

Preamble

The information in this manual pertains to Mobile Telephone Networks (Pty) Ltd, ("MTN") Registration Number 1993/001411/07.

MTN operates Cellular Telecommunications Services under the National Cellular Telecommunications Services Licence, granted to it in 1993.MTN is the second largest cellular network with over 9.5 million subscribers and a geographical coverage of over 93% of the population of South Africa.

In terms of Section 51(2) of the Promotion of Access to Information Act No.2 of 2000 ("the Act"), Private bodies such as MTN are required to compile and publish a manual with the information as set out herein.

In terms of Section 51(2) of the Act, the head of a Private Body may, on a regular basis, update this manual. Based on the provisions of this section, MTN will as and when it deems it necessary update or amend this manual.

The head of MTN has delegated his functions under this Act to the Legal and Regulatory Department, which Department has appointed an Information Officer.

 

Requirements in terms of Section 51(1)(a)

1.Postal and street addresses for Information Officer

Postal Address:

MTN (PTY) LTD

Private Bag 9955

Cresta

2118

1.Physical Address:

MTN (PTY) LTD - Innovation Centre

216 - 14th Avenue

Fairland

Roodepoort

2195

2.Phone number for Information Officer

Telephone:(27)(11) 912 3216

3. Fax number for Information Officer

Fax:(27)(11) 912 3168

4.Electronic mail address for Information Officer

"PAIA@mtn.co.za"

5.Requirements in terms of Section 51(1)(b)

The Guide will be available from the South African Human Rights Commission by not later than August 2003. Please direct any queries to:

The South African Human Rights Commission:PAIA Unit

The Research and Documentation Department

Postal address:

Private Bag 2700

Houghton

2041

Telephone:+27 11 484-8300

Fax:+27 11 484-0582

Website:sahrc.org.za

Email:PAIA@sahrc.org.za

6.Requirements in terms of Section 51(1)(c)

At the time of publication of this manual, the Minister had not published any description of records available without a person having to request access in terms of this Act as provided for in terms of Section 52(2).

7.Requirements in terms of Section 51(1)(d)

MTN keeps records in terms of the following legislations:

Employment Equity Act 55 OF 1998:

As a designated employer, MTN has lodged a copy of its employment equity report at the Department of Labour.

Pension Funds Act 24 OF 1956:

The rules of the pension fund utilised by MTN, as well as the last revenue account and balance sheet of such fund, are available for inspection at the offices of the Registrar of Pension Funds. Companies Act 61 OF 1973:

  • All documents of incorporation of MTN are lodged at the offices of the Registrar of Companies, and may be inspected there. These documents include the memorandum and articles of association of MTN, as well as the relevant company forms.
  • The register of members and register of transfers (of members), pledges and bonds of MTN are available for inspection at the registered office of MTN.
  • Special resolutions are lodged with the Registrar of Companies, and are therefore available for inspection there.
  • A register of the directors' and officials' interests in contracts entered into by MTN is kept.
  • Telecommunications Act 103 OF 1996:

     

  • Section 46 obliges MTN as a licensee to keep accounts and records pertaining to telecommunications services.
  • National Cellular Telecommunications Service Licence:
  • In terms of Clause 2, MTN has contracted service providers and/or dealers as an interface with its subscribers. Service providers and/or dealers operate their own businesses and manage their own contract subscriber base. A list of MTN's service providers and dealers is available on its website.
  • Clause 12 obliges MTN to keep proper accounting records in accordance with a Chart of Accounts and Cost Allocation Manual as prescribed by the Authority (ICASA).
  • Clause 13 obliges MTN to lodge and get approval in writing from the Authority (ICASA) on tariffs and fees for its services and further to keep records thereof.
  • The Regulation of Interception of Communications and Provision of Communication Related Information Act 70 of 2002:

  • Section 30 (1) (b) obliges MTN to store communication related information.
  • Section 40 obliges MTN to keep proper records of information to be obtained and kept in respect of cellular phones and SIM-Cards.

 

8.Requirements in terms of Section 51(1)(e) for a description of the subjects on which the Private Body holds records and the categories of records held on each subject:

This section of the Manual sets out the subject and categories of records held by MTN. The inclusion of any subject or category of records should not be taken as an indication that records falling within those subjects and/or categories will be made available under the Act. In particular, certain grounds of refusal as set out in the Act may be applicable to a request for such records.

Department Description of categories of records held

Company Secretary Compliance with Corporate Governance (King Commission)

 

 

 

 

Memorandum and Articles of Association

Company Register

Shareholders Agreement

Share Incentive Schemes / Trusts

Share Certificates

Debt securities

Register of debenture holders

Board Meetings:

Attendance register

Resolutions

Presentations by various divisions

Minute books

Delegation of Authorities:

Financial Reports

Directors' records

Profiles of subsidiary companies

General correspondence

Finance&Invoices:

Credit / Debit Notes

Journals,Ledgers & Balance Sheets

Income Statements

Banking records

Trial Balance Statements

Cash Flow Statements

Tax invoices / returns

Salary information

Auditors Report

Internal Policies & Procedures

General correspondence

Administration Suppliers

Debtors and Creditors

Insurance Policies

Lease Agreements

Office Building Structures

Tender Contracts

Employees travel records

Internal Policies and procedures

General correspondence

Network Group Business Plans:

Network systems

Network performance records

Operational risk review reports

Incidence records and statistics

Training course material

List of all base transceiver station site and leases

Environmental approvals

Local Authority Approvals

Base Transceiver station site upgrade information

Base transceiver site electromagnetic emission levels

Base transceiver station site certificates EMF conformance and environmental requirements

Call data records (date, time, duration and number dialled)

Internal Policies and Procedures

General correspondence

Safety, Health and Environmental Risk Management Incidence reports and statistics:

Audit Reports

Risk Management System

Operational Risk Review Reports

Internal Policies and Procedures

General correspondence

Commercial Legal

Contracts / Agreements

Privacy Policy

MTN PRIVACY POLICY AND NOTICE

1. MTN’s enhancement to your privacy

MTN Proprietary Limited, Registration Number: 1993/001411/07 (‘MTN”) respects the privacy of our customer’s personal information that customers provide us with and should be protected through the use and interaction with the www.mtn.co.za website and all associated websites, mobile applications, products and services.

We have prepared this MTN Customer Privacy Policy and notice (“this policy”) to notify you of what type of personal information we collect from you and our customers and/or users, how we will treat that personal information, and the circumstances under which we will share it with third parties.

2. Who is the Customer?

A customer is a person (individual or organisation) who enters into a contract with MTN or any MTN Affiliate for the receipt of Services or Products for its own use (as part of an integrated solution provided by MTN or any MTN Affiliate).

Customers who act of behalf of an organisation may only use the MTN websites, mobile applications, products and services with authoritisation from the organisation.

Customers who are natural persons may only be 18 years or older. If you are under 18 years, you may only use the MTN websites, mobile applications, products and services with the involvement of a parent or guardian who has provided consent for you.

3. Who is the user?

A user is a person (individual or organisation) who uses the MTN websites, mobile applications, products and services.

4. Consent from you

MTN will not collect or process customer and/or user personal information without obtaining the customer and/or user’s consent. Your consent is obtained in terms of a legally binding agreement, which includes the applicable commercial terms and conditions, website and mobile applications terms and conditions. (For example MTN Subscriber Agreements, Pre-paid terms and conditions, Master Services/Reseller Agreements and Registrations or signing up of any MTN online services and products and this policy).

By accepting to the above mentioned terms and conditions you are accepting the terms and conditions of this Privacy Policy, and MTN with consent for the processing of your personal information and accepting the practices described in this policy.

5. Who does this policy apply to?

This policy applies to:-

  • All customers and/or users who are natural persons; and
  • All customers and/or users who are organisations;

That uses MTN’s websites, mobile application, products and services.

6. What we collect about you?

On some websites, mobile applications, products and services, you are subscribing and purchasing; you may be requested to provide your personal information which is relevant to the type of services and products.

In general, personal information is information which identifies you as an individual, such as your first and last name, your ID number, your phone number, credit vetting and payment information, your preferences and opinions. Personal information is information which identifies you as an individual, which includes -

  • Information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of that person.;
  • Information relating to the education or the medial, financial, criminal or employment history of the person;
  • Any identifying number symbol such as cell phone number, account number, handset code, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person;
  • The biometric information of the person;
  • The personal opinions, views of preferences of the person;
  • Correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence; and
  • the views of opinions of another individual about the person.

Whilst you are making use of any MTN websites, mobile applications, MTN also automatically collect certain other personal information, such as your IP address, browser type, operating system, mobile carrier, your ISP, URLs of sites from which you arrive or leave the MTN website and/or mobile applications and sites that have embedded MTN platform technology. Through cookies and other technologies we are able to recognise you as an existing or registered user of the MTN website and/or mobile application and are able to better service you.

A cookie is generally a tiny data file that resides on your computer, mobile phone, or other device, and allows MTN to recognise you as a user when you

return to the MTN online store website using the same computer and web browser.

There are different types of cookies. Here are two examples.

  • A “persistent” cookie – this cookie is set once you’ve logged on to a website. The next time you visit the website, the persistent cookie will allow the website to recognise you as an existing user or registered user so you will not need to log in before using the services. However if you wish to access or change any of your payment information (like a credit card number) or your registered information, you must log in securely again with your password, even if your computer contains a persistent cookie.
  • A “session” cookie – this cookie is used to identify a particular visit to a website. Session cookies expire after a short time or when you close your web browser.
  • You can remove or block cookies using the settings in your browser, but in some cases doing so may impact your ability to use the website.

7. The use of your personal information

In order to provide you, our customers and/or user with the best online services, mobile applications, products and services. MTN will use your personal information to:-

  • Carry out a credit check if you’re applying for a contract for airtime services and to assess your application;
  • Process the goods and services you’ve bought from us, and keep you updated with your order progress;
  • Provide the relevant service or product to you. This includes other services not included in your agreement with us, and services that use information about where you are when using your mobile equipment (location information) and to contact you with messages about changes to the service or product;
  • Bill you for using our products or services, or to take the appropriate amount of credit from you;
  • Protect our network and manage the volume of calls, texts and other use of our network. For example, we identify peak periods of use so we can try and ensure the network can handle the volume at those times;
  • Understand how you use our network, products and services. That way, we can develop more interesting and relevant products and services, as well as personalising the products and services we offer you;
  • Carry out research and statistical analysis to monitor how customers and/or users’ use our network, products and services on an anonymous or personal basis
  • To conduct market research and perform statistical analyses of our customers and/or users’ behavior. By being aware of our customer and/or user’s interest in and use of the various areas of the MTN websites, mobile applications, products and services for MTN to better serve its customers and/or users;
  • To share information across MTN’s different business units for processing in order to serve MTN’s customers and/or users more efficiently such as but not limited to Credit Vetting Process, Direct Marketing Process and Customer Loyalty Processes;
  • To share information with MTN third parties within our operations where we have an underling contractual relationship with MTN third parties;
  • To prevent and detect fraud, information security and privacy incidents and other crimes, recover debts or trace those who owe us money
  • To send you promotional materials or details by SMS, e-mail or post, provided you have given your consent for marketing from MTN;
  • Let you know about other companies' products and services (including offers and discounts we’ve specially negotiated for our customers) we think may interest you, if you’ve chosen to receive this information;
  • To contact you in the event of a query and respond to any questions or concerns you may have about using our network, products or services; and
  • As required by law.

8. The safeguards for your personal information

Maintaining the security of your personal information is important to MTN. Reasonable security safeguards have been implemented to protect your personal information. MTN uses various methods to protect your information such as:-

  • Encryption methods when transmitting payment information, such as your credit card information. An icon resembling a padlock is displayed on the bottom of most Internet browser windows during encrypted transactions;
  • Access to your personal information on MTN websites, mobile applications, products and services, will be password-protected;
  • Sensitive data (such as credit card information) is protected by SSL encryption when it is exchanged between your web browser and the MTN website and mobile applications;
  • To protect any data you store on our servers, MTN also regularly audits its system for possible vulnerabilities and attacks; and
  • MTN maintains Information Security Programme internally to ensure that your personal information against unauthorised access, accidental loss or destruction.

9. Sharing of your personal information

MTN employs other companies and individuals to perform certain functions in order to fulfill our services and to facilitate the performance of our functions to our customers and/or users. In these instances, this will involve sharing our customer and/or user’s personal information with such companies. MTN will only share customer information in the instances:-

  • Where disclosure is made with the customer and/or user’s consent.
  • Where MTN is obliged to disclose information as required by law, without consent.
  • In addition third parties chosen by MTN are assessed to ensure that they handle our customer and/or user information securely.

    Third parties are companies which MTN employs to perform functions on behalf of MTN. Some of MTN third parties perform the following functions for MTN are:-

    • Receiving payments, fulfilling orders, delivering packages, sending postal mail and email, removing repetitive information from customer lists, analysing data, providing market assistance, providing search results and links (including paid listings and links), processing credit card payment, and providing customer service. These third parties have access to personal information needed to perform their functions, but may not use it for any other purposes that have not been clearly defined by MTN; and
    • By performing online service on MTN’s websites, products and services.
    • 10. Your Information Choices

      10.1 Accessing and Changing Your Information

      You can review the personal information you provided to us and make any desired changes to the information you have provided. Please be aware that even after your request for a change is processed, MTN may, for a time, retain residual information about you in its backup and/or archival copies of its database.

      You can request this information through our Promotion of Access to Information Act No 2 of 2000 (“PAIA”) processes.

      10.2 Direct Marketing

      You have the right to choose whether you receive marketing material or not. By accepting this policy you are also agreeing to MTN sending you marketing material on related services, products and offerings provided from MTN from time to time. If you change your mind at any time, you are always able to opt out.

      We will comply with the direct marketing provisions of the Consumer Protection Act No 68 of 2008 (“CPA”) and the CPA regulations, including the provisions relating to the direct marketing registry.

      10.3 Deletion or destruction of your Information

      You may request that we delete and destroy any of your personal information provided that you have finalised your relationship with MTN. MTN will however retain and use your personal information for as long as is necessary to comply with our legal and business obligations, resolve disputes and enforce this policy.

      10.4 Your obligations

      As a customer and/or user, you have certain obligations. Some of these obligations are imposed by applicable law and regulations, and others have become commonplace for MTN:-

      • You must, at all times, abide by the terms and conditions of Privacy Policy and any agreement of MTN product and services. This includes respecting all intellectual property rights that may belong to third parties (such as trademarks or photographs).
      • You must not download or otherwise disseminate any information that may be deemed to be injurious, violent, offensive, racist or xenophobic, or which may otherwise violate the purpose and spirit of MTN and its community of Users on MTN websites and/or mobile applications.
      • You must not provide to MTN with information that you believe might be false or misleading.
      • You must keep your username and password confidential and not share it with others.
      • Any violation of these guidelines may lead to the restriction, suspension or termination of your MTN website and/or mobile application account at the sole discretion of MTN.

      11. Reporting incidents

      Please let us know:-

      • If you believe your MTN website and/or mobile application account has been compromised;
      • If you have been contacted by someone via email about your MTN websites, mobile applications, products and services account asking for a password, birth date or other personal information;
      • If you believe your personal information has been used for fraudulent activity;
      • If you are a member of the security community and need to report a technical vulnerability; and
      • For any other enquiry relating to information privacy and security
      • You can contact us through our PAIA processes.

        12. Right to amend this policy

        MTN may, at any time, change this policy by posting the amended policy on the www.mtn.co.za website. Unless otherwise stated, the current version will apply each time you access this website.

        13. Date of Publishing

        Last updated 6th January 2014

MTN E rate application form

Click here to download the MTN E rate Application Form

Please print, complete and send to:

Email:Erate@mtn.co.za or Fax: 083 569 6678

Content

All content including games (‘Content’) is licensed to you by Mobile Telephone Networks (Pty) Ltd (‘MTN’, also ‘we’ and ‘us’) subject to the following terms and conditions. ‘You’ means the user of the services provided by MTN and includes any person who we reasonably believe is acting with your authority or knowledge, including but not limited to use of your mobile phone.

 1. Applicability

 1.1. By accessing or downloading the Content, an agreement between you and MTN incorporating these terms and conditions will come into force at such time (‘the Agreement’). We reserve the right to introduce amendments to the terms and conditions and/or the Content as we shall from time to time deem necessary. By accessing or downloading Content following any such modification you will be deemed to accept such modification. It is your responsibility to keep up to date with any changes in the terms and conditions.

1.2. The general terms and conditions of your subscriber agreement (including post-paid and prepaid) shall also apply when accessing the Content. In the event of any conflict, this Agreement will prevail in respect of the Content only.

1.3. This Agreement is governed by South African Law, and you agree to submit to the exclusive jurisdiction of the South African courts.

1.4. Nothing in this Agreement affects your statutory rights as a consumer.

2. Licence Grant

 

2.1. The Content and any copyright and other intellectual property rights in any material (including text, photographs, videos, graphics, logos, music, sound and other material images) included in the Content is either owned by MTN or has been licensed to MTN by the rights owner(s).

2.2. You are only entitled to download Java Games once to your phone and store one copy of that Content in your phone's memory. You may make one copy of that Content for back-up purposes only.

2.3. All copies of Content remain the property either of MTN or the rights owner(s) from which the Content has been licensed.

2.4. MTN will not replace or refund any Content if such Content is deleted, damaged or otherwise removed from your mobile phone through no fault of ours.

2.5. You may only use the Content for private and personal purposes. You may not infringe the intellectual property rights of others. You must comply with all other reasonable instructions regarding use of the Content.

2.6. You may not, or attempt to, copy, distribute, modify, reformat, display, license, transmit, sell, perform, publish, transfer, reverse engineer or decompile (except to the extent expressly permitted by applicable law or as set out in this Agreement), or otherwise make available, any or all of the Content. You are expressly prohibited from forwarding Java Games (or any other Content that MTN may advise from time to time) to others.

2.7. You must be over 16 years of age, or else you must be able to demonstrate to MTN that you have obtained your parent's consent to access or download the Content. Additionally, you must obtain the permission of the person who pays for the mobile phone (including usage charges) before accessing and downloading the Content. This includes where your employer or parent pays for the mobile phone bill.

2.8. The user of any SMS based or delivered Content must have a mobile phone that is capable of sending and receiving text messages, and your Service Provider must allow access to the Content and receipt of messages from us.

2.9. If you are using Java based Content, you must ensure that your device is listed as a supported device (either on our website or on any material provided to you), you can receive SMS messages and the WAP gateway you use is correctly configured.

2.10. You must not use the Content other than in accordance with the acceptable use policies of any connected networks.

2.11. Any attempt to use the Content in an unauthorised way or in a way likely to cause offence will be in breach of this Agreement, and we may suspend your use of the Content. In addition, you may be liable to MTN for damages, costs and expenses incurred by MTN as a result of your breach of this Agreement.

2.12. You are responsible for ensuring that no unauthorised access is obtained to the Content through your mobile phone. You will be entirely liable for all activities conducted through your mobile phone whether authorised by you or not, until such time as you notify MTN of such unauthorised use and we have stopped access to the Content from your mobile phone.

2.13. You must tell MTN immediately if anyone makes or threatens to make any claim or issue legal proceedings against you relating to your use of the Content, and you will, at our request, immediately stop the act or acts complained of. If we ask you to, you must confirm the details of the claim(s) in writing. If you fail to stop the act or acts complained of, we may suspend your use of the Content.

2.14. If we suspend your use of the Content for contravention of any part of this Agreement, we will not restore it until we receive an acceptable assurance from you that there will be no further contravention.

2.15. Indemnity by you: You agree to indemnify us, our licensors and your Service Provider against all losses, costs, proceedings, damages, expenses (including reasonable legal costs and expenses) or liabilities howsoever incurred by MTN or our licensors, as a result of any claim by a third party resulting from your use of the Content (or use of the Content by anyone who accesses the Content using your phone) caused by your breach or non-observance of this Agreement. We shall notify you of any claim received, and you hereby provide MTN with full authority to defend, compromise or settle such claims and shall provide MTN and/or our licensors with all reasonable assistance necessary to defend such claims, at your sole expense.

3. Delivery of the Content

 

3.1. You acknowledge that access to and delivery of the Content and performance and message transmission response times are subject to the enabling technology on which the Content is based and may be adversely affected by network performance and other operational factors beyond our control, including, without limitation, congestion, network coverage, dropped connections and the performance of wireless enabled devices.

3.2. MTN is not responsible for any failure to deliver Content to you if your mobile phone is not switched on or is not configured correctly, your answer is not in the correct format, your mobile phone is not within coverage or for any other reason cannot be reached, you have a bar on text/WAP/Java services, you are a prepaid subscriber and you have run out of calling credit, your message mail box or phone memory is full or for any other reason which is out of our control or out of the control of any third party delivering the Content.

3.3. We may vary the Content or the technical specification of the Content from time to time.

3.4. We may withdraw or change the Content at any time for technical, commercial, public interest or operational reasons. In the event that we permanently withdraw the Content, this will be advertised with as much notice as possible prior to the withdrawal of the Content. Depending on the reason for the suspension, withdrawal or change, it may not always be possible to give advance notice.

4. Warranty

4.1. MTN warrants that the Content will be substantially free from defects and fit for use on your phone provided that such phone is listed on MTN's website as supporting such Content.

4.2. Except as specifically provided herein and to the fullest extent allowed by applicable law, MTN expressly disclaims all other warranties, conditions and other terms, whether express or implied, written or oral, with respect to the Content including any warranty, condition or term of merchantability, fitness for a particular purpose, or non-infringement. If the Content you have bought is defective, your remedy is to seek a refund for the cost of that defective Content from the retailer where you purchased the Content. Content will not be considered defective due to problems arising solely from your mobile phone or your WAP connection.

4.3. To the fullest extent allowed by applicable law, MTN and any of the other parties involved in the provision of the Content will not be liable for direct, indirect, special or consequential damages arising out of your use of or inability to use the Content including but not limited to damages for loss of use, profits, data or the cost of procurement of substitute goods or services, whether such damages arise in contract, negligence, delict or otherwise.

4.4. Nothing in this Agreement shall affect your statutory rights as a consumer or act to exclude or limit our liability for (i) death or personal injury caused by our negligence, (ii) fraud or (iii) any other liability which may not be excluded or limited by applicable law.

5. Help, Queries

Our contact address is 216 Fourteenth Ave, Fairlands, Johannesburg.

Alternatively, contact us by sending an e-mail to feedback@mtnloaded.co.za or visit www.mtn.co.za.

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