This privacy policy sets out how eSim uses and protects any information that you give us when you use our services.
eSim is committed to ensuring that your privacy is protected. Should we ever ask you to provide any information by which you can be identified when using our services, then you can be assured that it will only be used in accordance with this privacy statement. The Privacy Policy also sets out the rights you have in respect of us and how to exercise those rights.
If you have any questions about this Privacy Policy or about your personal data in general, please contact us at support.esim@mainberg.net
This privacy policy is of interest to anyone who visits our website, app, uses our services and products or otherwise interacts with us. It is important that you read and understand our privacy policy before using our services and products.
END USER LICENSE AGREEMENT FOR THE LICENSED APPLICATION
eSim offers mobile device users call and messaging services transacted through a licensed mobile device application. Our Application is not sold, downloaded for use only under the terms of this license, unless a product or service is accompanied by a separate license agreement, in which case the terms of this separate license agreement will govern, subject to your prior acceptance.
1. Scope of the License
This license is non-transferable for use on any mobile device that you own or control and as permitted by the Usage Rules set out in our Terms and Conditions. This license does not permit you to use the Application on any mobile device that you do not own or control, and you may not distribute or make the Application available over a network where it can be used by multiple mobile devices at the same time. You may not rent, lease, lend, loan, sell, redistribute or sublicense the Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code, modify or create derivative works of the Application, any updates or any part thereof except, and then only to the extent that any of the foregoing restrictions are prohibited by applicable law or to the extent permitted by the terms of the license governing the use of any open source components included in the Application. Any attempt to do so is a violation of our rights.
If you breach this restriction, you may be subject to prosecution and damages. The terms of the license will govern any updates provided by us that replace and/or supplement our Services, unless such update is accompanied by a separate license, in which case the terms of that license will govern.
2. Services
In the course of using the Licensed Application, you may encounter content that may be deemed offensive, indecent or objectionable. However, you agree to use our Services at your own risk and we shall have no liability to you for content that may be offensive, indecent or objectionable. You agree not to exploit the Services in any unauthorized manner, including, but not limited to, by trespass or burdening network capacity. You further agree not to use our Services in any way to harass, abuse, stalk, threaten, defame or otherwise infringe the rights of any other party, and that we are in no way responsible or liable for any such use by you, or for any harassing, threatening, defamatory, offensive or illegal messages or transmissions you may receive as a result of your use of our Services. We make no representation that our Services are available for use in any particular location. You undertake not to use eSim services to commit any unlawful Act which may endanger national, social or economic interest. esim reserves exclusive right to terminate and take further legal actions in this regard. To the extent that you choose to access our Services, you do so on your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.
We reserve the right to change, suspend, remove or disable access to our Services at any time. In no event will we be liable for the removal or disabling of access to our Services. We may also impose limits on your use of or access to our Services, in any case and without notice or liability.
eSim also reserves the right to temporarily disconnect, suspend or terminate the services for giving any false information by the subscriber/ you in any document. If there is any change in the information given earlier, you should notify eSim of such change, failure of which shall entitle eSim to suspend or terminate the services at its sole discretion.
Intellectual property rights: You acknowledge that all of eSim’s content, trademarks, copyrights, graphics, service descriptions, and interactive features are owned by Mainberg ltd. and protected under the intellectual property rights international conventions and will not be used or redistributed without express written consent from Mainberg ltd.
Support and general question: You may place your queries or issues related to eSim to our live chat from eSim App or esimglobal.net website. You can also email all general queries to: support.eSim@mainberg.net
3. What data do we collect, how do we use it and why is it legal to do so?
We collect personal information when you are signing up to eSim after accepting the Terms of Service and Privacy Policy terms, and while you are using some functionality of the eSim.
Categories of personal data we collect and process:
• Registration and account information: your phone number (mandatory), name (optional), profile picture (optional), which are visible to other eSim users, language and, region code, which is derived from your phone number prefix, are used for app functionality and stats. None of the listed is shared with third parties (except appropriate legal, law enforcement authority) and is only used inside the system.
• Your phone book contacts: when accessing eSim contacts for the first time, eSim asks permission to access the User's phone book contacts to upload them into the eSim contacts section and to the eSim servers. While the local copy is to provide the user a smooth experience using contacts inside eSim to call, send messages, etc, sending User contacts to the servers is done to be able to match them with eSim users to mark which of them are eSim users and which are not. We call this whole process of copying User's phone book contacts into the eSim and sending it to eSim servers "Contacts Sync". Contacts sync will be done every time the User uses any of the Contacts functionality of the eSim, and if the process does not manage to finish while the User browses away, it might continue also when eSim is in the background. On every Contact Sync the eSim checks if there are new contacts to copy or remove, thus keeping User's eSim contacts in sync with the User's phone book contacts. Phone book contacts do not contain contact names and are not shared with any 3rd party. It should be noted that eSim users’ phone book contacts will be shared /uploaded to the eSim contacts section and to the eSim servers only after receiving explicit consent from users through “Prominent In-App Disclosure”.
• Out-calls (paid calls) and top-up history: Call Detailed Reports (CDR) of paid calls referred to in eSim as Out-calls contain information about when and who did you call using Out-Calls functionality and are saved in the billing database for billed services compliance and audit purposes. Top-up history aka Credit history reflects the list of you eSim balance top-up transactions and is stored and maintained to comply with payments billing processes and regulations.
• Your device and connection information: We collect device and connection information when you install, access and use our services. This includes information about your device model and operating system; application version; browser and mobile network information; connection data, such as phone number, phone or mobile operator and internet service provider; language and time zone, IP; device operation information and identifiers, such as device identifiers. Except for device ID, which is used for Push notifications service, other lists are used for troubleshooting and anonymous analytics.
• Profile Image (Optional): Profile Image upload is optional. Your profile Image/Avatar will be shared with other users and will sync to our servers together with your contact list.
The data collected is used to fulfill eSim services, to comply with applicable law and to pursue eSim's legitimate interests.
4. Consent to the use of data
You agree that we may collect and use technical and personal data, including but not limited to information about your mobile device and software, phone number, user name, profile picture, phone book contacts and paid calls data (CDR) and top-up history, which is collected from time to time to facilitate the provision of eSim services including but not limited to Calls, IM, Paid Calls, as well as eSim updates, product support and other services related to the Licensed Application.
5. Security measures for personal data
We preserve your personal data in accordance with applicable data protection laws and regulations. We have taken appropriate legal, technical and organizational security measures to protect your personal data from unauthorized disclosure or access, misuse, loss, alteration or destruction. The security measures we have adopted have been created to ensure a level of security appropriate to the risks associated with the data processing activities we carry out. If you have any questions regarding our security measures please contact us at support.esim@mainberg.net.
6. Users’ data retention and deletion policy
Your personal data will be stored only for as long as is necessary to fulfill the purpose for which your personal data was collected. However, personal data may be kept for a longer period if required by law (for example, to comply with accounting requirements or requirements to keep records of paid calls for lawful interception) or if reasonably necessary to protect our legal interests.
7. Information sharing
We may share your personal data in the following situations: if required by authorities (for example, police and tax authorities), we may provide them with personal data if we are required to do so by law; to enforce or apply our Terms of Service or other agreement we have entered into with you; to protect the rights, property or safety of us, our users or others; and finally, in the event of the sale of assets of eSim or a group of companies or corporate restructuring, or as a result of a change of control of eSim or a group of companies.
When sharing your data we endeavor to ensure that relevant third parties apply appropriate organizational, technical and legal measures to protect and safeguard personal data in accordance with applicable data protection legislation, the applicable regulations of the relevant supervisory authorities and guidelines on personal data security and, in general, what is relevant.
We promise never to sell your personal data to third parties unless you explicitly give us permission to do so.
8. Communications and notifications
eSim may use your personal data to communicate with you. The communication may include messages about updates, bugs, alerts and any other matters relating to the technical aspects and usability of the application and other parts of the services. Such communication is considered part of the service.
From time to time we may ask you to provide us with information about your experience using the application or other parts of the services which will be used to improve the quality and delivery of services. You are under no obligation to provide such information. Such information will be used to review the improvement of our services.
eSim may, from time to time, contact you by telephone, SMS or any other appropriate information channel to keep you informed about the latest news from eSim and its services, including new products, campaigns, promotions and payment methods.
9. Termination
The license is effective until terminated by either you or us. We will terminate your rights under this license without notice if you fail to comply with any of the terms of this license. Upon termination of the license, you must cease all use of the Licensed Application, and destroy all copies, in whole or in part, of the Licensed Application.
10. Scope of the Guarantee
eSim shall endeavor to maintain the best possible Quality of Service (QoS) to its users. However the quality, reliability and availability of services depend on various factors. Therefore you expressly acknowledge and agree that your use of the Licensed Application is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, our services are provided on an ''as is'' and ''as available'' basis, with all faults and without warranty of any kind, and we hereby disclaim all warranties and conditions with respect to the Licensed Application and Services, whether express, implied or statutory, including, without limitation, the implied warranties and/or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment and non-infringement of third party rights. We do not warrant that there will be no interference with your enjoyment of the Licensed Application and Services, or that the Licensed Application and Services will be uninterrupted or error-free, or that defects in the Licensed Application and Services will be corrected. No oral or written information or advice given by us shall create a warranty.
11. Possible changes to the privacy policy
We are constantly innovating and looking for new ways to improve our services. We therefore reserve the right to update and modify this privacy policy at any time and to reflect such improvements or any other changes to our business, as well as to comply with applicable data protection legislation
Our privacy policy is always available for consultation on our website (https://esimglobal.net/privacy.html) and also on our app (under privacy) so that users can, at all times, know what personal data we collect, how and why the data is processed and under what circumstances such information may be shared. We recommend that you review the privacy policy periodically to be aware of any changes. If you do not agree with the terms of the policy you should not use the services.
12. Limitation of liability
To the extent not prohibited by law, in no event will we be liable for any personal injury, incidental, special, indirect or consequential damages of any kind, including, without limitation, damages for loss of profits, loss of data, business interruption or any other damages or business losses, arising out of or in connection with the use of or inability to use the licensed application, regardless of the theory of liability (contract, tort or otherwise) and even if we have been advised of the possibility of such damages. The foregoing limitations shall apply even if the remedy set forth above fails of its essential purpose.
13. Your rights with regard to your personal data.
Under current data protection legislation, you have the following rights with regard to personal data:
• Right of access - You have the right to obtain information from eSim about any personal data processed about you and to access such data, if applicable.
• Right to rectification - You have the right to rectify inaccurate personal data about you.
If you wish to exercise your rights with respect to your personal data or if you have any questions in relation to this privacy policy, you may, at any time, contact at support.esim@mainberg.net
14. Jurisdiction
The laws of the Hong Kong, excluding its conflicts of law rules, govern this license and your use of the Licensed Application. You expressly agree that the courts of the Hong Kong have exclusive jurisdiction over any claim or dispute with eSim or relating in any way to your use of the Licensed Application. Your use of the Application may also be subject to other local, state, national or international laws.