Personal Data Processing Terms

These personal data processing terms (hereinafter referred to as the “Processing Terms”) regulates the terms and conditions related to the use of the services of “MS Group” LLC (I/C: 404404122) (hereinafter “MS Group”). A service agreement signed with MS Group, under which MS Group provides setting up of account for the application user and permission to use the application, is a mandatory requirement for the use of this application.

Through the application, the client sends local and/or international advertising and/or informational SMS of a non-standard type based on phone numbers from MS Group and/or the client for direct marketing and/or informational purposes and/or manages the accumulation/collection of MS Group phone numbers and its partners’ databases (forming a database of phone numbers of those data subjects who wish to receive advertising and/or informational SMS) based on a service agreement concluded with MS Group.

MS Group is an entity authorized by the National Communications Commission under the Law of Georgia “On Electronic Communications”, which has the authority to ensure the delivery of SMS messages to mobile network operators for the purpose of sending SMS messages to phone numbers. The client determines the time and interval of SMS sending, their quantity, and content, and sends SMS through the application.

Accordingly, MS Group is not responsible if the client’s SMS message delivery is not successful from a marketing perspective. By using our application, you automatically confirm that you have read, reviewed, and understood these Processing Terms and Conditions.

Definition of Terms

MS Group/ We – MS Group LLC, a limited liability company established under the laws of Georgia, identification code: 404404122, address: N15, Chavchavadze Avenue, Tbilisi, which provides the client with access to the application for sending SMS for direct marketing and/or informational purposes.

Client/ You - A legal or natural person who, under a service agreement with MS Group, uses the application to send SMS to MS Group's databases and/or its own phone numbers and/or collect (its own, MS Group’s, and its partners’) phone number database (a phone number database of those data subjects who wish to receive advertising and/or informational SMS) for direct marketing and/or informational purposes.

Application - This application, used for sending SMS and/or collecting phone number databases (forming a database of phone numbers of those who wish to receive advertising and/or informational SMS).

Service Agreement -A service agreement between MS Group and each of its clients under which MS Group provides the client’s access to the application and the software for the purpose of sending SMS and/or obtaining/ collecting phone number databases. MS Group Partners -Companies that are in contractual relationships with MS Group, namely the clients who have signed a service agreement with MS Group, which is a mandatory condition for accessing this application.

SMS - A short text message of an advertising, informational, or similar nature, sent by the client through the application.

Phone Number Database - A collection of phone numbers belonging to the client and/or MS Group to which SMS messages are sent.

Direct Marketing - Providing information to the recipient/data subject through a phone number with the aim of forming, maintaining, implementation, and/or supporting interest in a natural and/or legal entity, product, idea, service, work, and/or initiative, as well as image and social issues.

Data Subject/ User - The recipient of the SMS message sent by the client.

Data Subject - any natural person whose data is being processed.

Data Controller - a private or public institution, a natural or legal person, an employee of the private or public sector, to whom data has been transferred, except for the Data Protection Service, as defined by the Law of Georgia “On the Protection of Personal Data”. For the purposes of these Terms and Conditions of Use, the data controller is the client and/or MS Group.

Data Processor – any natural or legal person defined by the Law of Georgia “On the Protection of Personal Data”, who processes data for or on behalf of the data controller. For the purposes of these Terms and Conditions of Use, the data processor is MS Group.

Privacy Policy

This privacy policy applies to clients who have contractual relationships with us and use our application. When using the application, the obligations and scope of responsibility of the client and MS Group that are not considered in these Processing Terms are regulated by the service agreement, the Law of Georgia “On the Protection of Personal Data”, the Law of Georgia “On Advertising”, and other applicable legislation.

Why and on what basis we collect personal data of data subjects/ users The basis for our processing of personal data of users/ data subjects is the consent of the data subject for the processing of their personal data.

We upload a database of phone numbers of users/recipients who have consented to receive advertising SMS from MS Group and its partners, into the application.

Accordingly you will be able to send advertising and/or informational SMS to MS Group’s database. In this case, MS Group is the data controller.

By using our application, you can also upload your own database of phone numbers and send advertising and/or informational SMS messages to your database. In this case, you are the data controller.

The application also allows you to collect personal data of users/ data subjects who consent to the processing of their personal data for direct marketing purposes by you, MS Group, and its partners.

Personal data we collect about the clients:

Mobile phone number, user’s first name, last name, email address, address, age, gender, job title. The above data is segmentation (profiling) information: information used to divide users into different segments/ groups (for example, only users of a certain age group will be grouped and advertising offers will be sent to users grouped according to this segment).

How we use users’ personal data

We process the personal data we collect about users only for specific purposes, namely for direct marketing and/or informational purposes.

How long we process users’ personal data

We will process personal data of data subjects until the data subject withdraws its consent for the processing of its personal data.

Duty to maintain confidentiality

We provide maximum protection of confidential information contained in the application in accordance with the law. The transmission of confidential information by us is carried out only with your prior consent or in other cases provided for by law.

Although our application is protected with high security standards, it is important that you take appropriate security measures. We disclaim responsibility for unauthorized third-party access to personal data stored in the application and/or their disclosure of personal data of data subjects stored in the application. MS Group is not responsible if you do not take appropriate security measures (e.g., you leave the application running and allow third parties to access the application or use public WI-FI). In the aforementioned cases, you are obliged to compensate for any damage that may be caused to MS Group and/or any other authorized person.

How we protect users’ personal data

MS Group is focused on protecting the integrity and security of users’ personal data. We use appropriate human, technical, and organizational resources to safeguard against illegal or unauthorized access, use, disclosure, and accidental loss, damage, alteration, or destruction of personal data stored in our application.

Our goal is to keep users’ personal data in secure locations inaccessible to the public and implement security measures in these locations to protect such data from loss, illegal use, or alteration by both third parties and our own employees/ staff.

Although we take all necessary measures to ensure information security, in an environment of rapid technological development, we do not assume responsibility for the actions of individuals engaged in unauthorized access, improper use, or hacking of services. Accordingly, we cannot give absolute guarantees that the personal data stored in our application will be secure at all times and under all circumstances. MS Group will rely on your communication in the event that you notice any unusual activity/ event that may indicate a breach/ possible breach of the security of the

information stored in the application. Upon such notification, we will initiate an investigation to determine whether these events are related to our application and inform you of the steps that need to be taken to resolve the issue.

Changes to Processing Terms

These Processing Terms may be revised or amended. MS Group reserves the right to change these Processing Terms by publishing these changes in its application. We will notify our clients of any changes to these Processing Terms by posting a corresponding annotation in our application.