Legal
Data Processing Terms
When you upload contacts to run a campaign, SmartEngage processes that data on your behalf. These terms set out how we do so as your processor, and form part of our agreement with you. They are built around South Africa's POPIA and Nigeria's NDPA.
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1. Roles
For the contact data you upload and message, you are the controller and SmartEngage is your processor. You decide who is messaged and why; we process that data only to provide the service. For your own account data, SmartEngage is the controller, as described in the Privacy Policy.
2. Processing on your instructions
We process the contact data only on your documented instructions — which include your use of the service's features — and as required by law. We will tell you if, in our opinion, an instruction breaches applicable data-protection law.
3. Your responsibilities
You are responsible for having a lawful basis and the necessary consent to process and message the contacts you upload, for the accuracy of that data, and for honouring the rights and opt-outs of the people it concerns.
4. Confidentiality and security
We keep the contact data confidential, limit access to those who need it to provide the service, and apply appropriate technical and organisational measures — including encryption in transit and at rest — to protect it.
5. Sub-processors
We use a limited set of sub-processors to run the service — including Meta, to deliver messages through the WhatsApp Cloud API, and our hosting and infrastructure providers. We impose data-protection obligations on them equivalent to those in these terms and remain responsible for their performance.
6. Personal-data breaches
If we become aware of a breach affecting the contact data you have entrusted to us, we will notify you without undue delay and give you the information you reasonably need to meet your own notification obligations.
7. Return and deletion
You can export or delete your contact and campaign data at any time from your account. When you close your account, we delete or return the contact data in line with the timelines in this agreement, except where we are required by law to retain it.
8. Assistance and audits
Taking into account the nature of the processing, we will provide reasonable assistance with data-subject requests, security, breach notification and any data-protection impact assessment, and will make available the information needed to demonstrate compliance with these terms.
Questions about these terms can be sent to support@smartengage.tech.
Questions about this policy?
We keep our policies in plain language. If anything here is unclear, we are happy to explain it.