ROSHAN MOBILE APPLICATION PRIVACY POLICY AND TERMS OF USE

1. THE "MY ROSHAN" APP PRIVACY POLICY

Thank you for downloading the "MY ROSHAN" APP, a mobile software application owned by Telecom Development Company Afghanistan Corporation t/a Roshan (“Roshan”).

By downloading and using the "MY ROSHAN" APP, you thereby accept to be bound by this Privacy Policy and Terms of Use (“Policy”) which governs and applies to your use of the "MY ROSHAN" APP and all services delivered by Roshan through the "MY ROSHAN" APP. Please carefully read and understand the Policy because it sets out the basis on which any personal data Roshan collects from you, or that you provide to Roshan through the downloading and usage of the "MY ROSHAN" APP will be processed and treated by us.

2. THE INFORMATION SUBMITTED TO AND ACCESSED BY ROSHAN

The Downloading and Usage of the "MY ROSHAN" APP will require submission of and access by Roshan to certain personal information (“Your Information”). Such information may include but is not limited to the following;

• Your Name
• Your Mobile Number
• Your Email Address (optional)

Roshan may also collect certain information which is not of a personal nature for example, technical information, including the type of mobile device you use, a unique device identifier, mobile network information, your mobile operating system, the type of mobile browser you use, time zone setting, and any other Device Information.

Roshan may also access Information stored on your Device, details of your use of "MY ROSHAN" APP including, but not limited to traffic data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.

3. ROSHAN USE OF AND PROCESSING OF COLLECTED INFORMATION

Roshan may use and process your personal and non-personal information for various purposes which may include but not limited to the following;

• Operation and improvement of the "MY ROSHAN" APP and the delivery of Roshan Services.
• Performance of research and analysis aimed at improving Roshan products, services and technologies.
• Display of content and advertising that are customized to your interests and preferences.
• Communicating with you including but not limited to certain mandatory service communications such as welcome letters, billing reminders, information on technical service issues, and security or mandatory Government announcements.
• Your personal information may be used by Roshan to fulfill Government and Regulatory obligations including sim registration processes as required by law.
• We may use your information for target advertising purposes by displaying targeted advertisements from both Roshan and any Roshan Partners or related entities.

4. WARRANTY ON YOUR INFORMATION SUBMITTED TO ROSHAN

You hereby declare and warrant to Roshan the following in regard to the Information you have submitted;

• That all the information you have provided is true, accurate, current and complete.
• That the information and/ or material you have provided is fit for publication and that you hereby undertake to indemnify Roshan if any third party takes action against Roshan in relation to the information and/ or material that you submit.
• You warrant that Roshan may publish the information and/ or material you submit and/or make use of it or any concepts described in it in Roshan products or Services without liability and you agree not to take action against Roshan in relation to it.
• You hereby consent and acknowledge that Roshan may disclose your information and data to third parties for the performance of specific tasks. Such parties will be permitted to obtain only the information they need to perform their tasks, and they will be required to maintain the confidentiality of the information and are prohibited from using it for any other purpose.

5. DISCLOSURE OF YOUR INFORMATION TO THIRD PARTIES AND GOVERNMENT AGENCIES

You agree and accept that Roshan has the right to disclose Your Information to any member of our group or related entities, which means our subsidiaries, our ultimate holding company and its subsidiaries.

We may also disclose Your Information to third parties in case of sale, purchase or transfer of our business or assets, in which case we will disclose your personal data to the prospective seller or buyer of such business or assets because such information will be one of the transferred assets.

Roshan may disclose Your Information whenever it is under duty to do so in order to comply with any Court Order, Legal, Regulatory or Government obligation or request. This includes but is not limited to all requests by Government Regulatory and Security Agencies like Afghanistan Telecommunications Regulatory Authority, National Directorate of Security, Ministry of Interior e.t.c

Roshan may monitor and/ or record your usage of the "MY ROSHAN" APP for security and/ or quality control purposes in accordance with the applicable laws for the purposes of preventing unauthorized use of the "MY ROSHAN" APP and/ or Roshan systems.

6. STORAGE OF YOUR INFORMATION

The Information we collect from you will be transferred to, and stored at, our premises, data centres, the cloud, third party premises and/ or data centres, in the Territory and/ or outside. It will also be processed by staff operating outside in and/ or outside the Territory who work for us or for one of our suppliers. These staff may be engaged in the fulfilment of your request, order or reservation, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. Roshan will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Policy.

All information you provide to us is stored on our secure servers. Where We have given you (or where you have chosen) a password that enables you to access certain parts of the "MY ROSHAN" APP or Roshan Products and Services, you are responsible for keeping this password confidential. We ask you not to share this password with anyone.

Although Roshan will do its best to protect your personal data, Roshan cannot guarantee absolute security of your data transmitted to the "MY ROSHAN" APP as this is done over the internet which has a risk of interception. Therefore, any transmission of Your Information over the internet is at your own risk.

While Roshan makes every effort to ensure the security of your data and communications, you are however advised that for reasons beyond Roshan's control, there is a risk that your communications may be unlawfully intercepted or accessed by those other than the intended recipient. Accordingly, Roshan hereby excludes all liability of any kind for the transmission and/ or reception of infringing content of whatever nature or for any unauthorized access or loss of information and data that is beyond its reasonable control.

If a password is used to help protect your accounts and personal information, it is your responsibility to keep your password confidential. Do not share this information with anyone. If you are sharing a device with anyone you should always choose to log out before leaving the "MY ROSHAN" APP or service to protect access to your information from subsequent users.

7. EXTERNAL LINKS AND SERVICES

The "MY ROSHAN" APP may, from time to time, contain links to and from the websites of our partners, advertisers and affiliates (including, but not limited to, websites on which the App or the Services are advertised). If you follow a link to any of these websites, please note that these websites and any services that may be accessible through them have their own privacy policies and that We do not accept any responsibility or liability for these policies or for any personal data that may be collected through these websites or services, such as contact and location data. Please check these policies before you submit any personal data to these websites or use these services.

You hereby acknowledge and agree that for all the links that may be contained in the "MY ROSHAN" APP and/ or content, your use is also subject to the terms and conditions of such web site and/ or Terms and Conditions attached to any Products or Services.

8. LIMITATION OF LIABILITY

You hereby acknowledge, and accept that your sole and exclusive remedy under this Policy is to discontinue using the "MY ROSHAN" APP and/ or the Services in case you do not agree with this Policy, or you are not satisfied with the App and/ or Services, or you have any claims whatsoever against Roshan. 

Roshan shall under no circumstances assume any responsibility for and shall not endorse unless expressly stated, information and/content created or published by third parties that is included in the App and the Services or which may be linked to and from the App.

Roshan hereby declares that it shall use its reasonable endeavors to ensure the maintenance and availability of the App and the Services but claims no responsibility and/ or liability under no circumstances for the results of any defects that exist on the App and/ or content.

Under no circumstances shall Roshan be liable for damages including but not limited to any special, indirect, incidental, punitive or consequential damages or any damages whatsoever, whether in an action of contract, negligence, arising out of or in connection with the performance of or use of the App and/ or Services available on the App and in particular, but without limitation to the foregoing, Roshan specifically excludes all liability whatsoever in respect of any loss arising as a result of:

1. any loss of any Services or your content resulting from delays, non-deliveries, missed deliveries, or Services interruptions; and
2. defects that may exist or for any costs, loss of profits, loss of your content or consequential losses arising from your use of, or inability to use or access or a failure, suspension or withdrawal of all or part of the App and the Services at any time.

Under no circumstances shall Roshan be liable for the following:

1. any viruses, bugs and/ or any other disabling features that may affect your access to or use of the App and/ or your device.
2. any incompatibility between the App and other web sites, Services, software and hardware and/ or devices.
3. any delays or failures you may experience in initiating, conducting, or completing any transmissions or transactions in connection with the App in an accurate or timely manner.
4. INDEMNITY BY YOU

You hereby undertake to fully indemnify and to hold Roshan harmless in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered or incurred directly or indirectly by Roshan from and against any claim brought by a third party resulting from your breach or non-observance of any of this Policy and/ or the use of the App and the Services or the provision of content to Roshan by you and in consequence of such use of the App and the Services or provision of content.

10. GENERAL TERMS

• Amendment – Roshan reserves the right to amend the Policy, including any other terms and conditions associated with the use of the App. You are responsible for regularly reviewing this Policy, and any additional terms for the Products and services accessed through the "MY ROSHAN" APP. Your continued use of the App after the effective date of such amendments constitutes your acceptance of and agreement to such amendments.
• Assignment – Roshan may assign this Policy in whole or in part to any third party at its discretion. You hereby undertake that you will not assign, re-sell, sub-lease or in any other way transfer your rights or obligations under this Policy or part thereof.
• Severability - This Policy is severable in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction such provision shall be deemed to have been deleted without affecting the remaining provisions of this Policy.
• Waiver -Roshan's failure to exercise any particular right or provision of this Policy shall not constitute a waiver of such right or provision unless agreed to by Roshan in writing.
• Governing Law and Jurisdiction - This Policy shall be governed by and construed in accordance with the laws of the Islamic Republic of Afghanistan (“Territory”), and you hereby submit to the jurisdiction of the competent Courts of the Islamic Republic of Afghanistan.
• Representations - You acknowledge and agree that in agreeing to this Policy you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to this Policy or not) other than as expressly set out in this Policy as a warranty.
• Force Majeure – Roshan shall not be liable in respect of any breach of this Policy due to any cause beyond its reasonable control including but not limited to, Act of God, inclement weather, act or omission of Government or other competent authority or other party for whom Roshan is not responsible.
• Termination, and Access Restriction – Roshan hereby reserves the right to terminate this Policy, or terminate or suspend your access to the App and/ or Services at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the App and/ or Services will immediately cease.
• Language – The Policy was drafted in English and its interpretation must be in the English language.

All Rights Reserved, Roshan 2024