GUARD YOUR CIRCLE CHALLENGE

TERMS AND CONDITIONS

Effective date: 2 November 2024

The Guard Your Circle Challenge (the "Campaign") is organized and managed by Tobswitch ("Switch”), on behalf of its client, Truecaller International LLP (“Truecaller”). These Terms and Conditions ("Terms") shall govern an eligible participant’s participation in the Campaign and all matters connected therewith or arising therefrom.

By entering and participating in the Campaign, the Participant (as defined below) confirms her/his acceptance of the Terms and agrees to be bound by the Terms in relation to the Campaign. If you do not agree with the Terms, please do not participate in the Campaign.

Switch and Truecaller shall reserve the right to modify these Terms at any time, without prior notice, on their own discretion. Participation in the Campaign constitutes acceptance of these Terms.

A. Campaign Duration

1. The Campaign shall begin on 4th November 2024 and shall end on 8th December 2024 (“Campaign Duration”).
2. For the purposes of determining the Weekly Winner of the Guard Your Circle Challenge, the following durations shall be considered:
   (1) Week 1: Starting on 4th November, 2024 at 3:00pm and ending on 9th November, 2024 at 11:59pm;
   (2) Week 2: Starting on 10th November, 2024 at 12:01 am and ending on 16th November, 2024 at 11:59pm;
   (3) Week 3: Starting on 17th November, 2024 at 12:01am and ending on 23rd November, 2024 at 11:59pm;
   (4) Week 4: Starting on 24th November, 2024 at 12:01am and ending on 30th November, 2024 at 11:59pm;
   (5) Week 5: Starting on 1st December, 2024 at 12:01am and ending on 7th December, 2024 at 11:59pm;.
   

B. Eligibility

1. Participation in the Campaign is open only to individuals (“Participants”) who meet the following criteria:
   (1) must be above 18 years of age at the time of entering the Campaign;
   (2) must have a registered Truecaller App account;
   (3) must be enrolled and shall remain enrolled as a student in a graduate program in Nigeria for the entire duration of the Campaign; and
   (4) must have a valid bank account with a Nigerian bank.

C. Participation and Prizes

1. An eligible Participant can participate in the Campaign by registering for the Campaign using the Google Form available at here .
2. On successfully completing and submitting the form, the Participant shall receive an unique referral URL on their email address (“Referral URL”).
3. The Participant can share their Referral URL with their friends, family members and others, with a Nigerian mobile number, who have not had a Truecaller account anytime in the past, for downloading the Truecaller app, using their Referral URL, completing the onboarding and creating a Truecaller account (“Successful Referral”).
4. For each Successful Referral, the participant shall be awarded one point. A live web-based and publicly available leaderboard (available here) shall be maintained which shall display the name, affiliated university and the corresponding score of top 10 (ten) scorers, at any given point in time (“Leaderboard”).
5. The top scoring Participant at the end of each week shall be considered the weekly winner for the previous week and shall be awarded a sum of 50,000 Naira as the “Weekly Winner of the  Guard Your Circle Challenge”. There will be a total of 05 (five) Weekly Winners of the  Guard Your Circle Challenge.
6. In the event, one or more of Participants accrue the same score for any of the “Weekly Winner of the Guard Your Circle Challenge”, the prize money shall be equally divided between the winning Participants.
7. The concerned Participants shall be made the payment of the prize money within 1 days of being declared the winner, subject to them clearing the eligibility verification and providing valid bank account details, as required.
8. Truecaller reserves the right at any time to cancel, change or replace the Campaign (including the alteration of the prizes) at its sole discretion, including but not limited to any reason outside of its reasonable control; change in applicable law; and/or the technical operation of software in a way that is materially different to the purpose of the Campaign.
9. Truecaller's decision in all matters relating to the Campaign, including but not limited to, the interpretation of these Terms, the determination of winners, and the awarding of prizes, shall be final and binding.

D. Disqualification

1. Participants may be disqualified if:
   (1) they are found to have violated any of the terms outlined herein;
   (2) they are found to have participated in any fraudulent or dishonest behavior related to the Campaign;
   (3) they fail to meet the eligibility requirements or provide adequate proof of their age and university registration;

E. Data Privacy

1. By participating in the Campaign, the Participant agrees to the collection and processing of their personal data in accordance with the Nigeria Data Protection Act 2023 (“NDPA”) and the Privacy Policy as set out under Annexure 1 to these Terms.

F. Miscellaneous

1. This Campaign is purely for promotional and marketing purposes and participation in the Campaign does not establish any form of employment, agency, partnership, joint venture, or any other formal business relationship between the Participant, Switch or Truecaller or any of their affiliates.
2. Truecaller or Switch are not responsible for any technical failures, delays, or errors that may occur in relation to the Truecaller App in the course of participation in the Campaign. Truecaller will not be liable for any losses or damages incurred by the Participants arising from or in connection with their participation in the Campaign.
3. In no event shall Truecaller or its affiliates, subsidiaries and related companies, or their respective officers, directors, employees, representatives and agents, be responsible or liable for any damages or losses of any kind, including direct, indirect, incidental, consequential or punitive damages arising out of an individual’s participation in the Campaign or for any action or omission made in connection with the Campaign.
4. Without limiting the foregoing, everything in these Terms and in this Campaign, including the prizes awarded, is provided “as is” without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. some jurisdictions may not allow the limitations or exclusion of liability for incidental or consequential damages or exclusion of implied warranties so some of the above limitations or exclusions may not apply to you. check your local laws for any restrictions or limitations regarding these limitations or exclusions.
5. These Terms and the Campaign shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria, and any disputes arising out of in relation to the  Campaign shall be subject to the exclusive jurisdiction of the courts in Nigeria.

Annexure 1

Privacy Policy

Data Controller: 

Truecaller is the data controller for the personal data collected as part of this Campaign.

Types of Data Collected: 

By registering for the Campaign, the Participant consents to the collection, use, storage, and processing of the following personal information:

• Your full name
• Your phone number
• Your email address
• Your university name
• If necessary, bank account details (for prize payment purposes)
• If necessary, valid government ID proof for verification of age
• If necessary, university ID proof to verify university affiliation

Additionally, data related to participation in the Campaign, such as the Participant’s Referral URL and referral activities, will be collected.

Purpose of Processing:

• To administer and manage a Participant’s participation in the Campaign, including the issuance of a Referral URL, the tracking of Successful Referrals, and the maintenance of the Leaderboard
• To contact the Participant via email and/or phone with updates about their progress in the Campaign and to notify them in case of winning a prize
• To determine and announce the Weekly Winner of the  Guard Your Circle Challenge
• To verify Participants’ identity and eligibility (including age and university affiliation) through valid government and university ID proof, if necessary
• To transfer prize payments via bank account details (if applicable)
• To comply with legal obligations, such as accounting and tax reporting related to the awarding of prizes
• Marketing consent (optional): If the Participant provides his/her explicit consent during registration, Truecaller may use their contact information to send updates and promotional materials related to Truecaller products, services, and future campaigns. The Participant can opt out of these communications at any time by following the unsubscribe link in the emails or by contacting us at support@truecaller.com.

Data Sharing: 

The Participant further consent to the collection, use, storage, and sharing of the following personal information with Switch (our third-party data processor) for the purposes of administering this Campaign:

• Your name (for display on the Leaderboard, if applicable)
• Your university name (for display on the Leaderboard, if applicable)
• Your bank account details (for payment of prizes, if applicable)
• If necessary, valid government ID proof for verification of age
• If necessary, university ID proof to verify university affiliation

Switch is bound by confidentiality and data protection obligations consistent with NDPA. Participants’ personal data will not be shared with any other third parties, except as required by law.

Leaderboard Display: 

The Leaderboard will display relevant Participants’ ranking based on the number of Successful Referrals. 

By participating in the Campaign, the Participant agrees that their name and university name may be displayed on the public Leaderboard. If the Participant does not wish to have your information displayed, they may contact us at support@truecaller.com. 

Legal Basis for Processing:

• Performance of a contract: The Participant’s personal data is being processed because it is necessary for the performance of the agreement between them and Truecaller for their participation in the Campaign.
• Legitimate interest: Truecaller has a legitimate interest in managing the Campaign, ensuring its integrity, and awarding prizes.
• Consent: By voluntarily registering for the Campaign, the Participant consents to Truecaller and Switch using their personal data for these purposes. The Participant may also consent to receiving marketing communications from Truecaller. The Participant may withdraw their consent at any time, but doing so will prevent them from further participation in the Campaign or receiving marketing communications, as applicable.

Data Retention: 

Participants’ personal data will be retained for the duration of the Campaign and for an additional 60 days after the end of the Campaign to ensure payments and bank settlements are completed. After this period, their data will be securely deleted unless retention is required for legal obligations or dispute resolution. If the Participant consents to marketing communications, their data will be retained until they opt out.

Your Rights: 

In accordance with the NDPA, the Participant has the right to:

• Access their personal data: The Participant has the right to request and obtain confirmation as to whether their personal data is being processed and access to their personal data held by Truecaller.
• Request correction of inaccurate or incomplete data: If the Participant’s personal data is inaccurate or incomplete, they have the right to request rectification, ensuring that their information is correct and complete.
• Request deletion of their data (Right to Erasure): The Participant may request the deletion of their personal data under certain circumstances, such as when it is no longer necessary for the purpose for which it was collected, or if the processing was based on their consent, which they now withdraw.
• Restrict or object to the processing of their data: The Participant has the right to request the restriction of processing or to object to the processing of their personal data, particularly when the processing is based on legitimate interests or public interest.
• Data portability: Where applicable, the Participant may request that their personal data be provided to them in a structured, commonly used, and machine-readable format, or that it be transferred directly to another data controller, where technically feasible.
• Withdraw their consent: The Participant has the right to withdraw their consent to the processing of their personal data at any time. Withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.
• Lodge a complaint: If the Participant believes their personal data has been mishandled, they have the right to lodge a complaint with the National Information Technology Development Agency (NITDA), which oversees data protection matters in Nigeria, or seek redress in a competent court of law.

Security: 

Truecaller and Switch employ appropriate technical and organizational measures in compliance with NDPA to protect Participants’ personal data from unauthorized access, alteration, disclosure, or destruction. Participants’ data will only be processed for the purposes of administering this Campaign, verifying eligibility, and distributing prizes. Truecaller and Switch are committed to ensuring that all data processing activities are conducted in line with NDPA requirements.

Truecaller will only retain Participants’ personal data for the duration necessary to fulfill the purposes of this Campaign and comply with any legal, regulatory, or accounting obligations. Afterward, Participants’ data will be securely deleted or anonymized in compliance with the NDPA.

For more information on Truecaller’s security measures and data processing practices, or if a Participant wishes to exercise their rights, they may contact our Data Protection Officer at dpo.nigeria@truecaller.com.