Legal & Terms

Mutani is currently regulated, certified, and authorised by the National Communications Authority (NCA) of Ghana to provide Value Added Services (VAS). This license authorises Mutani to provide VAS services such as  Short Messaging Services (SMS), Multimedia Messaging Services (MMS), call waiting, call forwarding, multiparty conferencing, voice mail, other services like email,, etc.

Mutani is also regulated and authorised by the Ghana Data Protection Agency (DPA) to collect and process user data.

Data Protection

When you use Mutani's Services, you are entrusting us with your personal information. We understand this is a big responsibility and we work hard to make sure we keep your personal information safe. This Privacy Policy is meant to help you understand the personal information we collect, how we collect, store, process and share it.

The Information We Collect

We collect information from you when you register on our service, place an order or fill out a form. When ordering or registering for our service, as appropriate, you may be asked to enter your name, e-mail address, home or office address, physical address, your GPS location, credit card information, mobile money information, and information relating to your contacts on your smartphone. You may also use some limited features of our service anonymously, however, you cannot use all features in full without supplying our systems with the information required.

We collect your personal information to enable us to provide and improve our services to you. Personal information is any information that we can use to identify, locate, connect and contact you. We collect this directly or indirectly when you use our website, mobile applications and other interfaces including SMS and USSD. We may also collect your personal information from third parties where that information is public or with your consent. 

We may collect the following types of personal information:

User information – such as your name, username, home or office address, telephone number, email address or date of birth that allow us to provide you with our services and communicate with you.

Payment method information – helps us to know your bankers or money transaction service providers. It enables us to be sure that the payments you make are verified as coming from accounts or wallet that belong to your person. These include your payment medium number, the location of the transaction, the time and date of the transaction, the kind of payment you are making and the amount you are paying for the product or service.

Information about your interactions with Mutani – such as data collected when you use our website or app (including your IP address, metadata on your preferences, GPS location, smartphone contacts, usage patterns, and other information collected using cookies and other data collection technologies).

How We Process Your Personal Information

Any of the information we collect from you may be used in one of the following ways;

- To personalize your experience (as your information helps us to better respond to your specific needs).

- To improve our website, applications and systems (we continually strive to improve our website offerings based on the information and feedback we receive from you).

- To improve customer service (as your information helps us to more effectively respond to your customer service requests and support needs)

- To process transactions (as your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested)

- To send periodic SMS, push notifications and emails. The contact information you provide for order processing, will only be used to send you information and updates on your order)

- To provide you with additional information that may be of interest, such as product updates and most important news and/or announcements.

- To provide you with marketing communication for products and services from us and our affiliates, including personalized offers and content based on your interactions with us and usage of our services.

- To generate aggregated datasets that do not reveal your personal information. We may use these datasets to create models, generate reports and analyze payment transaction or other trends;

How We Share Your Personal Information

We do not sell, trade, or otherwise transfer to outside parties, your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing You, so long as those parties agree to keep this information confidential.

We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect our or others’ rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

We may include or offer third-party products or services across our features, applications and website. These third-party services have separate and independent privacy policies. We, therefore, have no responsibility or liability for the content and activities of these linked services. Nonetheless, we seek to protect the integrity of our service and welcome any feedback about these third party services.

How We Protect Your Information

We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.

All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential. After a transaction, your full private information relating to any payment you make (such as credit cards, social security numbers, financials, ID verifcations, and other related data) are not stored on our servers.

When you provide any personal information on any of our platforms, we will take reasonable precautions to secure that information and will only use that personal information in a way that this Privacy Policy permits.

We work hard to protect your personal information from unauthorized access, alteration, disclosure, or destruction of the information we hold. We restrict access to your personal information to our employees, contractors, and agents who need that information to process it. Anyone with this access is subject to strict contractual confidentiality obligations and may be disciplined or terminated or legally prosecuted if they fail to meet these obligations.

How Long We Retain Your Information

We will retain your information for as long as you use our services and for any additional period that we may be required or permitted by law.

Know Your Rights

We would like to make you fully aware of all your information protection rights. Unless the law provides otherwise, you have:

the right of access – you have the right to request from us copies of any personal information that we hold on you. We may charge a fee for this service.

the right to rectification – you have the right to request that we correct any of your personal information you believe is inaccurate. You also have the right to request us to complete any of your personal information you believe is incomplete.

the right to erasure – you have the right to request that we delete your personal information.

the right to object – you have the right to object to our processing of your personal information.

If you would like to exercise any of these rights, please contact us by writing to us at privacy@mutanitechnologies.com.

Updating Our Privacy Policy

We have the right to modify, update or replace this Privacy Policy in whole or in any part at any time. The current version of our Privacy Policy is always the version that is published on this website. You will be bound by the contents of this Privacy Policy on the day that you access our website. In the same way, you will be bound by the Terms of Service of this website when you agree to use our services. We encourage you to read our Privacy Policy carefully each time you use our service.

Consent

By using our apps and site, you consent to our Privacy Policy. If we decide to change our Privacy Policy, we will post those changes on this page.

Contact Us

If you have questions about this Privacy Policy, the information we hold about you or would like to exercise one of the Data Protection Rights, please do not hesitate to contact us at privacy@mutanitechnologies.com

Mobile Messaging Terms

Definitions

“GSM/CDMA Network” means the GSM/CDMA cellular network over which the SMS, USSD, Voice or any mobile communication will be delivered

“Mobile Terminating” means SMS messages sent to a cellular phone on the GSM/CDMA Network.

“MSISDN” means a telephone number on the GSM Network and, in terms of this agreement, those numbers specifically provided to SMSGH by the Customer.

“Recipient” means the person(s) receiving the SMS, USSD, Voice message and/or any other mobile communication channel.

“Service(s)” means the method(s) of dissemination of SMS, USSD or Voice messages used by the Customer.

“Short Message Service” or “SMS” means a 160-character (including spaces) text message that is sent to or from a cellular telephone. Only “valid” characters will be allowed.

“USSD” or Unstructured Supplementary Service Data is a 182-character alphanumeric (including spaces) session-based message, which begins with a star (‘*’) sign and ends with a hash (“#”) sign. An example is *124#

“Sender ID” means the identity of the sender of an SMS, USSD or Voice message. “Valid SMS characters are: !#%&()*+,-./0123456789:;<=> ?@ABCDEFGHIJKLM NOPQRSTUVWXYZ_ abcdefghijklmnopqrstuvwxyzéè

“Valid Sender ID” characters are: ABCDEFGHIJKLMNOPQRSTUVWXYZ abcdefghijklmnopqrstuvwxyzéè 1234567890

“Confidential Information” means all financial, business and technical or other data and all other information (whether written, oral or in electronic form or on magnetic or other media) concerning the business and affairs of a Party that the other Party obtains, receives or has access to as a result of the discussions leading up to or the entering into or the performance of this Agreement and shall include the content of this Agreement;

“Transactional Messages” means an SMS containing a non-promotional message. It is expressly clarified that the definition of Transactional Message is subject to change from time to time by a regulatory authority having jurisdiction over the same. When such change occurs, it will be deemed to have automatically modified the definition of Transactional Message under this Agreement.

“Unsolicited Messages” or “Unsolicited SMS” shall mean:

- A situation where Commercial SMS or Transactional Messages or other SMS are sent to the Client’s Customers without their consent, as required by national law and/or

- A situation where Commercial SMS or Transactional Messages or other SMS are sent to the Client’s Customers encouraging them to directly or indirectly call or send a SMS or other electronic communication to a premium rate number and/or

- A situation where any unlawful or fraudulent SMS are sent to the Client’s .

 “Commercial or Promotional SMS” means SMS designed to promote, directly or indirectly, the goods, services or image of any person pursuing a commercial activity or exercising a regulated profession and Promotional Messages.

SMS Messaging Terms and Conditions

The terms set out below shall apply to the provision of the Service(s) purchased by the Customer.

The Service(s) shall allow the Customer to send Mobile Terminating SMS, USSD, Voice messages and/or any other channels of mobile communication. In order to make use of the Service(s), the Customer shall send messages to Mutani utilizing one of the Service(s) specified connection methods by Mutani. Mutani will disseminate the messages over the GSM/CDMA Network to the specified MSISDN(s).

Any applications provided by Mutani will be supported by Mutani and are provided with separate guarantee and Service Level Agreements. Mutani warrants that the SMS, USSD, Voice and/or other mobile communication services/application has been specifically designed for a particular service, industry or Customer type and the service is for general-purpose use.

The Customer may pay a connection fee as prescribed. All Service(s) used by the Customer will be billed on one account. Mutani may change the charges for Service(s) on one month’s notice to the Customer. Where a monthly contract applies, monthly invoices will be printed and together with a statement, will be posted or emailed to the Customer.

The Customer shall restrict all SMS text messages to not more than 480 valid SMS text messages characters (including spaces); and restrict all USSD messages to no more than 182 characters (including spaces). Any message submitted that is longer than the specified valid number of characters (including spaces) will be cut off at the valid number of characters (including spaces). The Customer will be charged per every 160 SMS characters and notification per Service as stated on our Fees page. All prices exclude VAT/NHIL and other government taxes including Communication Service Taxes. The Customer will be charged for all messages submitted to Mutani for dissemination.

In the event of any amount owed by the Customer remaining unpaid on the due date, Mutani shall be entitled to suspend the Service/s immediately, without notice to the Customer. Interest will be charged on all overdue accounts at the rate charged by the Bank of Ghana from time to time.

The Customer hereby indemnifies and holds harmless Mutani against any claim or action by the Customer or any third party, in respect of any damages, prejudice or costs incurred or suffered by the Customer and/or any third party arising out of the use of the Service/s or any act or omission on the part of Mutani in the provision of the Service(s).

For Mutani to maintain integrity as the leading broker of mobile messaging traffic for all cellular networks across Africa, no customer may use the suite of Mutani SMS products to poach or solicit potential customers or subscribers from any cellular network operators in  Ghana. Such an act will result in immediate permanent suspension.

Messages submitted by the Customer will be accepted and billed based on the relevant authentication method per Service. It is the Customer’s responsibility to protect its means of authentication. Mutani will not be responsible for any misuse of the Customer’s authentication keys, logins and passwords, nor will any credit be allowed for such misuse.

The Customer is responsible for the content and accuracy of any SMS sent on their account. The Customer will adhere to an appropriate code of conduct when utilizing the Service/s. Sending of unsolicited advertising material, illegal content, inappropriate language or any message that may be viewed by the Recipient as being of contentious or offensive nature is not permitted and may, at the sole discretion of Mutani, result in the immediate termination of the Service(s).

Mutani guarantees the confidentiality of both the MSISDN/s and messages submitted by the Customer during utilization of the Service/s. Submitted MSISDN/s will not be distributed in any way to third parties by Mutani. Mutani agrees not to use submitted MSISDN/s for purposes other than the Service/s requested by the Customer.

The Customer agrees to append its name or corporate identity to any broadcast messages that are sent to distribution lists. This includes but is not limited to advertising, marketing and promotional materials.

The Customer shall present proof of a Recipient’s consent to the delivery of SMS. Should Mutani receive any complaints from Recipients regarding the receipt of unsolicited SMS, Mutani will notify the Customer thereof. Similarly, should the Customer receive any complaint from any Recipient regarding the receipt of any SMS, the Customer will immediately notify Mutani. The abuse of the sending of unsolicited SMS’s by the Customer or the omission to notify Mutani of any complaint referred to above may, at the sole discretion of Mutani, result in immediate termination of the Service(s).

This agreement is be governed by the local laws of Ghana  and both Mutani and all Customers agree to submit to the jurisdiction of the courts of our operating countries in the event that any proceeding shall be brought under the terms of this agreement.