Privacy Policy — eSMSafrica

1. Introduction

eSMSafrica ("we," "us," "our") provides bulk SMS, OTP delivery, WhatsApp Cloud API messaging, email, and voice communication services to businesses ("Customers") operating primarily in Nigeria and across Africa.

This Privacy Policy explains what personal information we collect, how we use it, and what rights you have, whether you are a business Customer using our platform, or an end recipient who receives a message sent through our platform on behalf of one of our Customers.

By using our website, our customer portal, or our messaging services, you agree to the practices described in this Privacy Policy.

2. Who This Policy Applies To

This policy covers two distinct groups, and it's worth being clear about which one applies to you:

• Our Customers — businesses that register for an eSMSafrica account to send messages through our platform.
• Message Recipients — individuals who receive an SMS, WhatsApp message, email, or voice call sent by one of our Customers using our infrastructure.

We act as a data processor on behalf of our Customers with respect to the phone numbers, email addresses, and message content our Customers upload to send messages. We act as a data controller with respect to the information Customers provide to us directly when creating and managing their own account.

3. Information We Collect

3.1 Information Customers provide to us directly

• Full name and business name
• Email address and phone number
• Billing and payment information
• Account credentials
• Support communications (emails, WhatsApp messages, call records where applicable)

3.2 Information Customers upload for message delivery

• Recipient phone numbers and, where applicable, email addresses
• Message content (text, template variables, or media used for OTP, transactional, or promotional messages)
• Any recipient list metadata the Customer chooses to upload (e.g., names, segments)

Customers are responsible for having a lawful basis to share their recipients' contact information with us — for example, having obtained appropriate consent or having a legitimate transactional relationship with the recipient (such as sending an OTP for a login the recipient initiated).

3.3 Information collected automatically

• Delivery status data (sent, delivered, failed, read receipts where supported by the channel)
• Technical logs (IP address, browser/device type, timestamps) when you use our website or customer portal

4. How We Use Information

We use the information described above to:

• Deliver messages (SMS, WhatsApp, Email, Voice) on behalf of our Customers
• Provide delivery reports and analytics to Customers
• Process payments and manage Customer accounts
• Provide customer support
• Detect and prevent fraud, spam, or misuse of the platform
• Comply with applicable Nigerian telecommunications and data protection regulations, including requirements set by the Nigerian Communications Commission (NCC) and the Nigeria Data Protection Commission (NDPC)
• Improve and maintain the reliability of our platform

We do not use recipient phone numbers or message content uploaded by Customers for our own marketing purposes, and we do not sell personal information to third parties.

5. Legal Basis for Processing (NDPA 2023)

Under the Nigeria Data Protection Act 2023, we process personal data on one or more of the following bases:

• Consent — for example, when a Customer registers for an account
• Contractual necessity — to provide the messaging services a Customer has signed up for
• Legal obligation — to comply with NCC or NDPC regulatory requirements
• Legitimate interest — for fraud prevention and platform security, balanced against individual rights

6. How We Share Information

We may share information with:

• Mobile network operators and messaging channel providers (MTN, Airtel, Glo, 9mobile, WhatsApp/Meta, email delivery infrastructure, voice carriers) as necessary to deliver messages
• Payment processors to handle billing
• Service providers who support our infrastructure (e.g., hosting, analytics) under confidentiality obligations
• Regulators or law enforcement, where required by law or a valid legal request

We do not share Customer recipient data with unrelated third parties for their own marketing purposes.

7. Data Retention

• Account information: retained for the duration of the Customer relationship and for the duration of active periods
• Message delivery logs: retained for 3 months for billing, support, and dispute-resolution purposes
• Uploaded recipient lists: retained for as long as the customer choose to keep unless the Customer requests earlier deletion

8. Data Security

We apply reasonable technical and organizational measures to protect personal data against unauthorized access, loss, or misuse. Encryption in transit, access controls.

9. Your Rights

Under the Nigeria Data Protection Act 2023, individuals have the right to:

• Be informed about how their data is processed
• Access the personal data we hold about them
• Request correction of inaccurate data
• Request deletion of their data, subject to legal retention requirements
• Object to certain types of processing
• Withdraw consent where processing is based on consent (e.g., opting out of promotional messages via the DND registry, short code 2442, or directly with the relevant Customer)

To exercise these rights, contact us at [email protected]. If you are a message recipient, you may also need to contact the specific business (our Customer) that sent you the message, since they control the underlying relationship with you.

10. Children's Privacy

Our services are intended for use by businesses and are not directed at children. We do not knowingly collect personal data from children.

13. Changes to This Policy

We may update this Privacy Policy from time to time. Material changes will be indicated by updating the "Last updated" date at the top of this page. 

12. Contact Us

If you have questions about this Privacy Policy or how your data is handled, contact us:

eSMSafrica Ojokoro-Eyita Road, Ikorodu, Lagos Phone/WhatsApp: +234 803 533 4769 Email: [email protected]