Consumer Code Of Conduct
- In order to provide electronic communications services and network services to our subscribers, we as Mytelnet (Pty) Ltd (“Mytelnet”) hold licences issued by the Independent Communications Authority of South Africa (“ICASA”).
- ICASA requires that all licensees develop and publish its procedures for handling Complaints or Disputes, in terms of the following:
- CASA Code of Conduct Regulations 2007, which contains the minimum standards of conduct required when providing services to subscribers or dealing with potential subscribers; and
- ICASA End-User and Subscriber Service Charter Regulations 2016, which contains the minimum quality of service standards applicable to services provided to subscribers and future subscribers.
- This Code of Conduct has been developed in line with these Regulations and we will strive to follow these in all our interactions with our customers or prospective customers.
Rights and responsibilities
- All our customers (also referred to as “consumers”, “end-users”, “users” or “subscribers”), have the following rights in accordance with the Electronic Communications Act, Act 35 of 2005 and any subsequent regulations:
- To be provided with the required service without unfair discrimination
- To choose a service provider of their choice
- To receive information in their preferred official language
- To access and question consumer account information
- To protection of personal data and not to have personal data sold to third parties without permission
- To port a number
- To lodge a complaint (details herein) and a right to redress
- Act in a fair, reasonable and responsible manner in all dealings
- Ensure that all services & products meet the correct specifications contained in all the relevant laws & regulations
- Not discriminate against consumers on the basis of race, gender, sex, age, religion, disability, ethnic group or sexual orientation
- Display utmost courtesy & care when dealing with consumers
- Provide consumers with information regarding services & pricing
- Provide consumers with guidance in regard to their customer needs, upon request
- Keep consumers’ personal information confidential
- Advise consumers to refer their unresolved complaints to ICASA
Our contact details for any consumer complaints are:
Address: 1 Millenium Boulevard, Standard Bank Building, Umhlanga Ridge, Durban
Telephone: 031 000 0130
Our contact details for any billing complaints are:
Address: 1 Millenium Boulevard, Standard Bank Building, Umhlanga Ridge, Durban
Telephone: 031 000 0130
We endeavour to address all formal consumer complaints/billing disputes between 5 and 14 working days where possible, depending on the nature of the complaint/dispute.
Neither party shall use any information obtained from the other party during the course of any process invoked under this complaints procedure, for any purpose other than the resolution of the particular dispute or complaint.
Internet Service Providers Associations ISPA
- As an Internet Service provider, we (“Mytelnet”) are a proud member of ISPA and uphold the ISPA Code of Conduct, which is available on the ISPA website at http://www.ispa.org.za/code.
- We formally nominate the Internet Service Providers Association (“ISPA”) as our agent in terms of section 75 of the Electronic Communications and Transactions Act, Act 36 of 2005 (“the Act”) for the purpose of receiving notifications of infringements (“Take Down Notices”) as defined in Section 77 of the Act.
ISPA’s contact details for any complaints or take down notices are:
Internet Service Providers' Association (ISPA)
Address: PO Box 518, Noordwyk, 1687
Telephone: 010 500 1200
- As an ISPA member we will not send or promote the sending of unsolicited electronic communications and we take reasonable measures to ensure that our networks are not used by others for unsolicited electronic communications.
- As an ISPA member we have a facility for dealing with complaints regarding unsolicited electronic communications originating from our network and will react expeditiously to all complaints received in this regard addressed to email@example.com.
Independent Communications Authority Of South Africa ICASA
We, as an electronic communications services and network services provider, subscribe to the Code of Conduct Regulations (2007) and the End-User and Subscriber Service Charter Regulations (2016) as enforced by the Independent Communications Authority of South Africa (“ICASA”). Any unresolved consumer complaints can be escalated to ICASA with the following details:
Address: 350 Witch-Hazel Avenue, Eco-Park Estate, Centurion, 0144
Postal: Private Bag X10002, Sandton, 2146
Telephone: 011 566 3000
Fax: 012 568 3444
If you are not in agreement with the outcome of a Complaint, you have the right to escalate your complaint/dispute to ICASA. If ICASA is not able to resolve the matter, it may then be referred to the ICASA Complaints and Compliance Committee for adjudication.
Please note that in terms of the ICASA Code of Conduct Regulations 2007, you have to give us an opportunity to resolve the matter within the period specified in this Complaints Procedure before you may escalate the complaint or dispute to ICASA.
Further information is available at https://www.icasa.org.za/pages/consumer-complaints-procedure
- As a business which enables access to the Internet or provide related voice, data or cloud services, we (“Mytelnet”) understand the importance of confidential information and respect your Constitutional right to privacy. This includes the privacy of your communications when you use or signup for any of the Mytelnet services.
What is personal information ?
- There are two main types of personal information – identifiable personal data, and non-identifiable or anonymous personal data:
- Identifiable information is collected when you sign-up for a contract for service with us and generally includes information such as your name, address, telephone numbers, gender, IP address, billing information (such as a credit card number) etc.;
- Anonymous data generally includes: a postal code, the date and time sites are accessed, pages visited, the type of browser being used, the operating system and the type of personal computer or device being used to access our services.
- Identifiable personal data will be processed as recommended by the applicable legislation which includes the Regulation of Interception of Communications and Provision of Communications-Related Information Act of 2002, and the Protection of Personal Information Act of 2013. In terms of these all telecoms service providers, including ISPs, are obliged to obtain and keep certain identifiable personal data of customers when entering into service contracts.
- In the case of a person: his/her ID number; residential and business addresses; and a certified copy of the customer’s ID document;
- In the case of a company: all of the above as well as the company’s registration number and a certified copy of the customer’s business letterhead.
- We are committed to protecting the confidentiality of our customers’ personal information in terms of the legislation as explained above.
- Customer personal information in our possession will be used only for the purpose for which it was collected or in terms of the law under which it is required to be collected.
- We will only release identifiable customer information in the following circumstances:
- Where we have your written instruction to do so;
- Where we are required to do so under an order of a South African court;
- Where it is necessary to do so to comply with any applicable legislation or regulation and then in terms of such applicable legislation or regulation;
- For auditing, debt-collecting or complaints-handling processes and then subject to restrictions on the use of the personal information by the relevant third party.
- We do not monitor usage of our services other than in terms of applicable law.
- Our website/(s) may utilise ‘cookies’ which track usage to facilitate the provision of an individually tailored service/(s).
- To ensure that we provide a secure service and protect you and ourselves from fraudulent and criminal acts, we reserve the right to monitor user and network traffic.
Collection of anonymous data
- To provide the best possible and most relevant service, we may use standard technology to collect information about the use of our sites and our services. This technology is not able to identify individual users but simply allows the collection of anonymous statistics.
- Cookies allow us to tailor advertising and other services to your displayed preferences. We may use third-party cookies from an adserver for this purpose.
- Cookies by themselves may not be used to personally identify users but will be used to compile anonymous statistics relating to use of services offered or to provide us with feedback on the performance of our presence on the web.
- If you do not wish cookies to be used, it is possible to alter the manner in which your browser handles them. Please note that, if this is done, certain services on this website may not be available.
- Protecting your personal information when using our services is a shared responsibility. Please safeguard your identity and other personal information carefully.
- Any information that customers disclose in a public space, including on any bulletin board, chat room or any site Mytelnet may host for you, is available to anyone else who visits that space. Mytelnet cannot safeguard any information you disclose in these spaces.
Amendments to this policy
Promotion Of Access To Information Act Manual PAIA Manual
The Promotion of Access of Information Act, Act 2 of 2000, (“the Act”) gives effect to section 32 of the Constitution which provides that everyone has the right to access any information held by the State or any information that is held by another person, where such information is required for the exercise or the protection of any rights.
The Act creates mechanisms to facilitate access to records held by public and private bodies irrespective of their size and the nature of their business. To facilitate this access, the Act sets out various procedures to be followed by persons requesting information (called requesters) and the "head"/delegated Information Officer of private bodies (referred to for convenience as an "Information Officer").