1. Introduction

These Terms of Service were adopted by Backchat Proprietary Limited (Registration Number: 2023/735133/07) ("Backchat", "we", "us", or "our") with effect from 28 February 2026.

These Terms record the various terms and conditions applicable to the engagement of any User with Backchat, including the interaction by any User with the Chatterbox Platform and corresponding Services. By creating an account, accessing, or using the Chatterbox Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms.

Any miscellaneous policies or similar documents adopted by Backchat from time to time shall be construed as forming part of and specifically incorporated into these Terms of Service by reference, including our Privacy Policy, Usage Policy, and Disclaimers. If you do not agree to these Terms, you may not use our Services.

Capitalised terms used in these Terms of Service have the meanings given to them in the Glossary, unless otherwise defined herein.

2. The Chatterbox Platform and Services

The Chatterbox Platform is a self-service platform enabling Users to deploy an AI Agent to transmit voice and SMS communications in accordance with the pre-configured parameters of Campaigns. For the sake of clarity, the Platform presently supports only one-way communications and does not purport to engender active dialogue or two-way conversational capabilities.

The Platform enables Users to:

• Create and manage voice calling and SMS campaigns
• Send automated voice messages and SMS in supported South African languages (currently English, isiZulu, and Afrikaans, with additional official languages planned)
• Personalise messages with recipient-specific variables from uploaded contact lists
• Translate messages across supported languages using AI-powered translation
• Verify messages using intelligent grammar, tone, and cultural compliance checks (including Hlonipha language principles)
• Track call and SMS outcomes with campaign analytics
• Manage campaign profiles, contact lists, and schedules
• Automatically retry unsuccessful recipients and optionally fall back to SMS delivery

Nothing in these Terms of Service shall be construed as any service delivery guarantee and Backchat specifically disclaims any warranty (whether implied or otherwise) as to the merchantability or fitness of the Chatterbox Platform for any purpose whatsoever.

3. User Registration and Verification

3.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into binding contracts to use our Services. By registering, you represent that you meet these requirements.

3.2 Registration and Verification

All prospective Users of the Chatterbox Platform (whether in a personal or representative capacity) shall be subject to the registration and verification procedures implemented by Backchat from time to time. You may register using your email address or via single sign-on (SSO) through Google, Apple, or Microsoft. Phone number verification is required separately when creating campaigns.

Backchat expressly reserves the right to reject any attempted User registration in circumstances where the prospective User fails to meet any of Backchat's verification procedures.

3.3 Ongoing Compliance

Notwithstanding the successful registration of any User profile on the Chatterbox Platform, such profiles shall be subject to ongoing compliance reviews by Backchat. All Users shall retain the responsibility to maintain updated information on their User profiles and shall be obliged to accede to all reasonable requests for updated and/or additional verification information, including (in the case of corporate Users) company registration documentation, tax clearance certificates, representative authorisations and/or such other KYC information as Backchat may deem necessary in the circumstances.

3.4 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorised use.

4. Campaign Management

4.1 Campaign Configuration

The core functionality of the Chatterbox Services lies in the configuration of Campaigns on the Platform. Each Campaign must be configured utilising an official Chatterbox template. No User shall be entitled to manipulate (or attempt to manipulate) the unalterable scope of the parameters embedded into these templates. The principal variables associated with any intended Campaign include the content of the Campaign, the details and volume of Target Recipients, communication frequency, and the duration of the Campaign itself.

4.2 Campaign Types

The Platform supports the following campaign types:

• Broadcast: The same message is delivered to all recipients in the contact list.
• Personalised: Messages include recipient-specific variables (e.g., name, reference number) sourced from uploaded Excel contact lists.
• Multilingual Broadcast: Messages are automatically translated into supported languages and delivered to recipients.
• Multilingual Personalised: Combines personalisation with automatic translation.

4.3 Campaign Channels and Features

Campaigns may be configured for voice calls, SMS messages, or a combination thereof. Each channel is billed at its applicable rate. Users may create multiple campaign profiles, each associated with a dedicated phone number for outbound calls and SMS.

• Auto-Rerun: Campaigns may be configured to automatically retry unsuccessful recipients at intervals within calling hours, continuing until all recipients are reached or calling hours are exhausted.
• SMS Fallback: When enabled, automatically sends an SMS to recipients who could not be reached by voice after the final auto-rerun attempt. Each SMS sent is billed at the applicable SMS rate.
• Manual SMS Send: Users may manually send a one-time SMS to all unsuccessful recipients. This action permanently disables further reruns for that campaign and cannot be undone.

4.4 Calling and Messaging Hours

No outbound voice communications or SMS messages may be transmitted outside of business hours on Business Days. The Platform enforces South African legal calling hours:

• Monday to Friday: 08:00 - 20:00 SAST
• Saturday: 08:00 - 13:00 SAST
• Sundays: No calls or SMS permitted
• South African public holidays: No calls or SMS permitted

These restrictions are system-enforced and cannot be overridden. Active campaigns are automatically paused at the end of each calling window and resumed when the next valid window opens. All outbound communications must be suspended in respect of any Target Recipient who has lodged a stop request with the initiating User and/or Backchat.

4.5 Recipient Consent and Compliance

You are solely responsible for ensuring that you have obtained proper consent from all recipients before making calls or sending SMS messages through our Platform. This includes compliance with POPIA and any other applicable consent requirements. You must maintain and honour opt-out requests and do-not-call lists, and are responsible for removing numbers from your campaigns when recipients request to opt out.

4.6 Complaint Handling

The initiating User of any Campaign shall be obliged to implement reasonable measures to effectively process and manage third party complaints emanating from the execution of their Campaigns and, to the extent reasonably necessitated by the context, escalate these complaints to Backchat.

4.7 Campaign Screening and User Responsibility

Backchat reserves the right, in its sole and unfettered discretion, to actively screen all Campaigns initiated by its Users on the Platform, including for the purposes of monitoring compliance with these Terms and analysing aggregated Campaign-related data in order to identify potential improvements to the Platform and corresponding Services.

Notwithstanding any screening measures implemented by Backchat, Users shall retain the responsibility to review, approve and manage the nature, content and execution of their Campaigns initiated on the Platform.

5. Service Fee Structure

5.1 Performance-Based Model

The fee framework applicable to the Chatterbox Services is a performance-based model underpinned by the principle that Users only incur Service Fees for each of the Successful Outcomes within any Campaign initiated on the Platform. Current rates for voice calls and SMS messages are displayed on the Platform. We reserve the right to change pricing with 30 days' notice.

5.2 Pre-Funded Wallet

Each User shall be obliged to maintain a Pre-Funded Wallet in order to utilise the Services available on the Platform. You fund your wallet by topping up via our payment provider, PayFast (Pty) Ltd. PayFast transactions are subject to their own terms of service. In accordance with this pre-funded model:

• No User will be permitted to initiate a Campaign unless their Pre-Funded Wallet meets or exceeds the Minimum Reserve Balance for the Campaign(s) concerned.
• When a Campaign is launched, the estimated cost is reserved from your wallet balance. After each call or SMS completes, the reserved amount is either deducted (if billable) or released back to your wallet.
• Upon the suspension, termination or natural expiry of any given Campaign, Backchat will deduct only those Service Fees applicable to the Successful Outcomes of the Campaign.

5.3 Withdrawals

The monies deposited into a Pre-Funded Wallet can be withdrawn by the corresponding User but only to the extent that such monies do not form part of the Minimum Reserve Balance of any active Campaigns. Wallet credit balances are generally non-refundable except where required by law. We may, at our discretion, provide refunds for service issues caused by our Platform.

5.4 Billing Details

Voice calls are billed at the applicable per-call rate only when your message is successfully played to the recipient. Calls that go to voicemail, are unanswered, fail to connect, or where the recipient answers but the message does not play, are not billed.

SMS messages are billed at the applicable per-message rate upon sending. SMS delivery is dependent on carrier networks and is not guaranteed by Backchat. If SMS Fallback is enabled on a campaign, SMS messages sent to unsuccessful voice call recipients are billed at the applicable SMS rate per message.

5.5 Records and Reconciliations

The records, reports and reconciliations compiled by Backchat, whether published on the Platform or disseminated by any other means, shall constitute the prevailing record of any User's Pre-Funded Wallet and corresponding activity, including any Minimum Reserve Balances. Save for instances of manifest error, every User shall be bound by these records, reports and/or reconciliations.

5.6 Free Trial

New users may access a limited free trial of voice calls and SMS messages per verified phone number. Trial usage does not require a wallet balance. Once the trial allowance is exhausted, a funded wallet is required to continue using the Platform.

6. Acceptable Use

All User interaction on the Chatterbox Platform shall be subject to the Backchat Acceptable Usage Policy. Any breach of the Acceptable Usage Policy by any User shall constitute a material breach of these Terms of Service.

You agree NOT to use Chatterbox to:

• Make calls or send SMS messages without proper consent from recipients
• Engage in harassment, threats, or abusive communication via voice or SMS
• Transmit fraudulent, misleading, or deceptive content
• Violate any applicable laws, including POPIA, the Consumer Protection Act, and telecommunications regulations
• Send spam or unsolicited commercial messages via voice calls or SMS
• Send SMS messages without proper recipient opt-in consent
• Impersonate any person or entity
• Interfere with or disrupt our services or servers
• Attempt to gain unauthorised access to our systems
• Use our services for debt collection without proper licensing
• Transmit content that is illegal, harmful, or infringes on intellectual property rights
• Circumvent or attempt to bypass system-enforced restrictions, including calling hour limitations

7. AI-Powered Features

The Platform uses artificial intelligence services for the following features:

• Message Translation: Campaign messages are translated between supported languages using AI language models. Translations are not produced by certified human translators.
• Message Verification: Messages are checked for grammar, tone, and appropriateness before translation services are made available.
• Hlonipha Compliance: Messages in isiZulu are checked against Hlonipha language principles for cultural respectfulness. This is AI-assisted guidance and does not guarantee full cultural appropriateness.
• Campaign Classification: Messages are automatically categorised to help ensure appropriate use of the Platform.

AI-generated content may not always be accurate or appropriate for all contexts. You are responsible for reviewing and approving all AI-generated content before it is used in campaigns. See our Disclaimers for further information.

8. Intellectual Property

8.1 Backchat Property

Nothing in these Terms shall be construed as Backchat transferring, ceding, or assigning to any User any rights, title or interest in and to any Intellectual Property. All Intellectual Property which is made accessible to and/or produced, developed or discovered by any User through their engagement with the Platform shall constitute the sole and exclusive Intellectual Property of Backchat. The Chatterbox Platform, including all software, designs, trademarks, and content, is owned by Backchat and protected by intellectual property laws.

8.2 Your Content

You retain ownership of any content you upload to our Platform (such as audio files, message text, and contact lists). By uploading content, you grant us a limited licence to use it solely for providing our Services to you, including processing by third-party AI and telephony services as necessary to deliver your campaigns.

8.3 Intellectual Property Breach

Any attempt by a User to circumvent the Intellectual Property and/or corresponding rights of Backchat shall constitute a material breach of these Terms of Service.

9. Data Security and Privacy

Notwithstanding the technical and organisational measures implemented by Backchat to safeguard the data collected and/or Processed by it in connection with the Platform and the corresponding Services, every User shall retain the responsibility to implement all such measures as may be necessary to safeguard the integrity of their User profiles on the Platform and immediately notify Backchat of unauthorised access to these profiles.

All Personal Information Processed by Backchat in connection with the Platform and the corresponding Services shall be subject to the Backchat Privacy Policy, which is rooted in Backchat's compliance with the legislative framework regulating data protection and privacy in the Republic of South Africa, including POPIA and PAIA.

Any breach of the Backchat Privacy Policy by any User shall constitute a material breach of these Terms of Service.

10. Warranties

Each User irrevocably warrants to and in favour of Backchat that:

• they will ensure that all of the information furnished to Backchat is accurate, up to date and complete in all respects;
• they will only utilise Personal Information on the Platform which has been obtained by lawful means together with all requisite consents and authorisations;
• they will comply with all Applicable Laws and Regulations having a bearing on their engagement with the Platform, irrespective of whether such laws are expressly referenced in these Terms of Service or any associated Policy;
• they will observe the utmost good faith in their dealings with Backchat and will neither do anything nor refrain from doing anything which might prejudice or detract from the rights, assets, or interests of Backchat; and
• they will make full disclosure to Backchat of any matter that may affect Backchat in the effective management of the Chatterbox Platform, whether in respect of any compliance-related function or otherwise.

Insofar as any warranty is promissory or relates to a future event, it shall be deemed to have been given by each User as at the due date for fulfilment of the promise or for the happening of the event. Each of the abovementioned warranties are separate and not limited by reference to any other warranty outlined in these Terms or any associated Policy. Any breach of a warranty shall constitute a material breach of these Terms of Service, irrespective of where it is recorded.

11. Limitation of Liability

11.1 Indemnification

Each User shall indemnify and hold harmless Backchat (including its affiliates, directors, officers, employees, contractors and agents) from and against all liabilities, claims, demands, actions, losses, costs and expenses of whatsoever nature and howsoever arising as a consequence, whether directly or indirectly, of:

• the infringement by the User concerned of any Applicable Laws or Regulations;
• the infringement by the User concerned of any third party rights, including the rights of Target Recipients and their Personal Information;
• any of the Campaigns (or any of the content associated with the Campaigns) configured and initiated by the User concerned;
• any intentional or negligent act or omission which is dishonest, constitutes fraud, or which amounts to a breach of these Terms of Service by the User concerned;
• the suspension or termination of the profile of the User concerned, irrespective of the reason; and/or
• any failure or delay by Backchat in the performance of any express or implied obligation established by these Terms of Service due to a Force Majeure Event.

11.2 Liability Cap

In the event of any liability being imposed on Backchat, such liability shall be limited to the total Service Fees paid by the User in the immediately preceding 12 (Twelve) months and, in any event, shall not extend to any indirect, special or consequential damage. To the maximum extent permitted by law:

• Our Services are provided "as is" without warranties of any kind
• We are not responsible for the content of your messages, the accuracy of AI-generated translations or verifications, or the conduct of your campaigns
• We are not responsible for SMS delivery failures caused by carrier or network conditions
• We are not responsible for answering machine detection accuracy

11.3 Survival

The abovementioned indemnities and limitations on the liability of Backchat shall continue in full force and effect and remain binding on any User whose Backchat profile becomes deactivated for whatsoever reason.

12. Service Availability

We strive to maintain high service availability but do not guarantee uninterrupted access. We may suspend services for maintenance, updates, or circumstances beyond our control. We will provide reasonable notice when possible. Service availability is also subject to the calling hour restrictions described in Section 4.4.

13. Suspension and Profile Deactivation

13.1 Suspension

Backchat shall be entitled to effect the immediate suspension of any User's profile and/or their access to the Services available on the Platform in circumstances where, according to the reasonable determination of Backchat:

• the User concerned is in default of any provision of these Terms of Service or any associated Policy;
• the suspension is necessitated by any law, a competent court order or regulatory intervention; and/or
• the suspension is necessary to protect the technical or operational integrity of the Chatterbox Platform and/or any of Backchat's associated systems.

13.2 Profile Deactivation

The profile of any User shall be permanently deactivated where:

• the profile of the User concerned has been suspended for a consecutive period of 30 (Thirty) calendar days, irrespective of the reason;
• Backchat discontinues the Platform and/or all of the Services available on the Platform, irrespective of the reason; and/or
• upon the written request by the User concerned.

13.3 Effect of Deactivation

Upon the deactivation of any User's profile for any reason, the User concerned shall cease any authority to access the Platform and/or utilise any of the corresponding Services, and the balance of any Reserved Funds not yet refundable to the User concerned (as at the date of deactivation) shall be deemed to be forfeited.

Any User in default of these Terms of Service (or any associated Policy) shall be liable for the legal fees incurred by Backchat in the enforcement of the obligation(s) in default, irrespective of whether any formal legal proceedings are actually instituted.

14. Dispute Resolution

Any dispute arising out of or in connection with these Terms of Service may be referred to any court of competent jurisdiction, provided however that each User shall submit to the non-exclusive jurisdiction of the Gauteng Division of the High Court of the Republic of South Africa, with its seat in Johannesburg.

While a dispute is continuing, each User shall be obliged to observe their obligations established by these Terms of Service until such time that a binding determination has been made dictating that any such obligation has been extinguished.

15. Notices

Any queries, recommendations or requests in connection with these Terms of Service must be directed via electronic mail to legal@backchat.co.za.

If any such notice is delivered during business hours, it shall be deemed to be received by Backchat on the date of successful transmission of the electronic mail. Any electronic mail sent after office hours or on a day which is not a business day will be presumed to have been received by Backchat on the following Business Day.

16. Mandatory Amendments

These Terms of Service and/or any associated Policy shall, in the sole and unfettered discretion of Backchat, be subject to all such amendments reasonably necessary to ensure their continued effectiveness, relevance, and compliance with evolving business needs, industry standards and legal or regulatory requirements.

Users will be notified of any updated versions of these Terms of Service and/or any associated Policy on the Platform. Any revised version of these Terms of Service or Policy shall take effect on at least 30 (Thirty) calendar days' notice, it being expressly recorded that User access to the Platform and corresponding Services shall be subject to express User acceptance of these revised Terms of Service or associated Policy.

17. General Provisions

• Entire Agreement: These Terms of Service constitute the entire agreement between Backchat and each of its Users, superseding all prior provisions, terms, conditions, stipulations, warranties or representations of any nature, whether express or implied.
• Headings: The headings in these Terms are included for reference purposes only and shall not in any way affect or govern the interpretation or construction of these Terms.
• Interpretation: The rule of construction that these Terms shall be interpreted against Backchat as the author shall not apply.
• Waiver: No failure or delay by Backchat to exercise any right or remedy under these Terms or by law shall constitute a waiver of that right or remedy.
• Assignment: No User shall be entitled to cede, assign or otherwise transfer any of their rights, interests or obligations under these Terms without the prior written consent of Backchat.
• Survival: Any provision of these Terms which contemplates surviving performance shall continue in full force and effect and remain binding on any User whose Backchat profile becomes deactivated for whatsoever reason.
• Severability: If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be severable from and shall not affect the validity and enforceability of the remainder of these Terms.
• Successors: The provisions of these Terms shall be binding on any successor in title, executor, heir, liquidator, business rescue practitioner, curator or trustee, of each of Backchat's Users.
• Governing Law: These Terms and any dispute or claim under or in connection with them shall be interpreted, governed and construed according to the laws of the Republic of South Africa.

18. Contact

For questions about these Terms, please contact us at:

• Email: legal@backchat.co.za
• Website: www.backchat.co.za

By using Chatterbox, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

1. Introduction

This Privacy Policy was adopted by Backchat Proprietary Limited (Registration Number: 2023/735133/07) ("Backchat", "we", "us", or "our") with effect from 28 February 2026.

This Policy outlines the basis upon which Backchat will Process the Personal Information of its Data Subjects within its commercial ecosystem, including any Users who engage Backchat in connection with the Chatterbox Platform and the corresponding Services, as well as Target Recipients whose Personal Information is Processed through our Services.

All compliance functions associated with this Policy are carried into effect by the Information Officer, contactable at privacy@backchat.co.za.

2. Definitions

The following terms are used throughout this Policy:

• Backchat / Responsible Party: Backchat Proprietary Limited (Registration Number: 2023/735133/07), the entity responsible for determining the purpose and means of Processing Personal Information.
• Chatterbox Platform / Platform: The voice and SMS broadcast platform operated by Backchat at www.backchat.co.za/chatterbox, including all related features and functionality.
• Data Subject: Any natural or juristic person to whom Personal Information relates, including Users and Target Recipients.
• Information Officer: The person designated by Backchat to fulfil its obligations under POPIA, contactable at privacy@backchat.co.za.
• Operator: A third party who Processes Personal Information on behalf of Backchat in terms of a mandate or agreement.
• PAIA: The Promotion of Access to Information Act 2 of 2000.
• Personal Information: Information relating to an identifiable, living natural person or an identifiable, existing juristic person, as defined by POPIA.
• POPIA: The Protection of Personal Information Act 4 of 2013.
• Processing / Process: Any operation or activity concerning Personal Information, including collection, receipt, recording, organisation, storage, updating, retrieval, consultation, use, dissemination, merging, erasure, or destruction.
• Services: The voice broadcast, SMS broadcast, translation, transcription, and related services provided by Backchat through the Chatterbox Platform.
• Target Recipient: A person whose phone number or Personal Information is uploaded to or Processed through the Platform by a User for campaign delivery purposes.
• User: Any person who registers for and uses the Chatterbox Platform.

For a complete list of defined terms used across all Backchat policies, see our Glossary.

3. Information We Collect

3.1 Information You Provide

• Account Information: Email address when you register. If you sign up via SSO (Google, Apple, or Microsoft), your name and email are provided by the identity provider. Phone number is verified separately during campaign setup. No billing information is collected at registration.
• Campaign Data: Recipient phone numbers, message content, call and SMS scripts, Excel contact lists with personalisation variables, and translated message content you create through our platform.
• Payment Information: Billing details you provide for wallet top-ups, processed through our payment provider.
• Communication Records: Records of your communications with us, including support tickets and feedback submissions.

3.2 Information Collected Automatically

• Usage Data: Information about how you use our platform, including campaign statistics, call and SMS outcome data, and feature usage.
• Device Information: Browser type (User-Agent), IP address, and operating system.
• Analytics Events: We track platform events including page views, feature interactions, campaign actions (creation, launch, pause, completion), authentication events, and wallet transactions. Each event may include session identifier, page URL, referrer, and timestamp.
• Geo-Location Data: We derive approximate geographic location (country, province, and city) from your IP address using the MaxMind GeoLite2 database. This data is stored alongside analytics events and user sessions for service improvement purposes.

4. How We Use Your Information

We use the information we collect to:

• Provide, maintain, and improve our voice and SMS broadcast services
• Process campaign messages through AI services for translation, grammar and tone verification, Hlonipha cultural compliance checks, and campaign classification
• Process wallet transactions and send related information
• Send technical notices, updates, and administrative messages
• Respond to your comments, questions, and support requests
• Monitor and analyse usage patterns to improve user experience
• Detect, prevent, and address technical issues and fraud
• Comply with legal obligations and enforce our terms of service

5. POPIA Compliance

Any Personal Information Processed by Backchat shall be subject to the foundational principles established by POPIA. The Processing of Personal Information is carried out in accordance with the following conditions:

5.1 Accountability

Backchat acknowledges the obligations and duties established by POPIA. All associated compliance functions are carried into effect by the Information Officer.

5.2 Processing Limitation

The Processing of Personal Information by Backchat shall be carried out in a manner that is lawful and consistent with the framework established by POPIA.

5.3 Purpose Specification

Personal Information will only be Processed by Backchat for specific and legitimate purposes emanating from, among other things, the Chatterbox Platform and the corresponding Services.

5.4 Further Processing Limitation

Any Personal Information collected for a specific purpose will not be Processed in a manner that is incompatible with the original purpose.

5.5 Information Quality

Backchat will take all reasonable steps to ensure that the Personal Information Processed by it is complete, accurate, not misleading and up to date.

5.6 Openness

Data Subjects will be informed of the nature of the Personal Information Processed by Backchat. The categories of information collected include, but are not limited to, those detailed in Section 3 of this Policy: registration, verification and User profile data; User payment information; support information; cookies, device and browser information; and location information.

5.7 Security Safeguards

The integrity of the Personal Information collected, Processed and/or retained by Backchat will be treated as a security imperative, subject to ongoing review and management by the Information Officer. The specific technical measures employed are detailed in Section 13 of this Policy.

5.8 Data Subject Participation

Backchat specifically acknowledges the rights of its Data Subjects, including any User or Target Recipient. The full list of rights is set out in Section 6 of this Policy.

6. Data Subject Rights

Backchat acknowledges the following rights of its Data Subjects, including any User or Target Recipient:

• To be notified that their Personal Information is being collected by Backchat
• To be notified in the event of a data breach concerning their data
• To be made aware that Backchat is possessed of Personal Information concerning them
• To request access to their Personal Information held by Backchat
• To request the correction or deletion of inaccurate, irrelevant, excessive, out of date, incomplete, misleading or unlawfully obtained Personal Information
• To object to Backchat's use of their Personal Information
• To object to the Processing of their Personal Information
• To withdraw consent where Processing is based on consent
• To lodge a complaint with the Information Regulator regarding any alleged infringement of their rights protected under POPIA

To exercise these rights, please contact the Information Officer using the details provided in Section 16 below.

7. Access to Records (PAIA)

Any request for access to the records of third party data (including Personal Information) collected, Processed and/or retained by Backchat shall be subject to the provisions of the Promotion of Access to Information Act (PAIA).

All such requests must be made on the prescribed form, accessible at the Information Regulator website.

The Information Officer will make a determination on the request for access to records within 30 (Thirty) days, unless:

• the request is for a large number of records;
• the search for the records is to be conducted at a premises not situated in the same town or city as the registered address of Backchat; or
• the Data Subject (or third party requestor) and Backchat agree to an extension for any other reason.

In the event that the Information Officer fails to respond to a request for access to records within the prescribed period, the request will be deemed to have been refused on a ground specifically recognised by PAIA, namely:

• in circumstances where the requested record constitutes information subject to professional legal privilege;
• in order to protect commercial (or confidential) information concerning Backchat or any third party;
• in order to protect the safety of individuals or property; or
• in circumstances where granting access to the record would result in the unreasonable disclosure of Personal Information.

Where a request is approved, the Information Officer will advise the requestor of the applicable access fee and format in which access to the record(s) will be granted.

Where a request is denied, the Data Subject (or third party requestor) shall be entitled to appeal the determination of the Information Officer in the manner and form prescribed by PAIA.

8. Information Sharing and Disclosure

We may share your information with the following categories of third parties:

• Telephony Provider: Twilio — for voice call and SMS delivery. Recipient phone numbers and call/SMS metadata are shared to facilitate campaign delivery.
• Payment Provider: PayFast — for processing wallet top-up transactions.
• AI Language Processing: OpenAI — for message translation, message verification and classification, and language detection. Only message text content is sent to OpenAI; recipient phone numbers and personal information are not transmitted.
• Speech Services: Deepgram (speech-to-text and text-to-speech audio generation), Google Cloud (speech recognition), Microsoft Azure (text-to-speech for non-English languages), Amazon Web Services (speech transcription).
• Geo-Location: MaxMind — we use the GeoLite2 database locally to derive geographic information from IP addresses. Your IP address is not transmitted to MaxMind.
• Email Notifications: Microsoft Graph — for delivering email notifications and support communications.
• Authentication: Microsoft Azure AD, Google, and Apple — for SSO authentication.
• Legal Requirements: When required by law, court order, or governmental authority.
• Business Transfers: In connection with a merger, acquisition, or sale of assets.
• With Your Consent: When you have given us explicit permission to share your information.

We do not sell your personal information to third parties.

9. AI Processing Disclosure

Campaign messages may be processed by AI services for the following purposes:

• Translation: Messages are translated between supported South African languages (currently English, isiZulu, and Afrikaans, with additional official languages planned) using AI language models provided by OpenAI.
• Message Verification: Messages are checked for grammar, tone appropriateness, and campaign suitability using AI language models.
• Hlonipha Compliance: Messages in isiZulu are checked for cultural language compliance against Hlonipha principles.
• Campaign Classification: Messages are automatically categorised to help ensure appropriate use of the platform.

Only message text content is shared with AI processors. Recipient personal information (phone numbers, names, addresses) is not transmitted to AI services. AI processors handle data according to their own data usage policies.

10. International Data Transfers

Some of our service providers (including OpenAI, Twilio, Deepgram, Google Cloud, Microsoft Azure, and Amazon Web Services) may process data outside South Africa. When your information is transferred internationally, we ensure appropriate safeguards are in place to protect your information in accordance with POPIA requirements.

11. Cookies and Tracking

We use a single essential session cookie to maintain your authenticated session on the platform. This cookie is configured as HttpOnly (not accessible to JavaScript), Secure (transmitted only over HTTPS), and is required for the platform to function.

We use Google Ads conversion tracking in cookieless mode to measure the effectiveness of our advertising campaigns. This tracking does not set advertising cookies, does not use personal data for advertising personalisation, and does not fingerprint your device. No advertising cookies or marketing trackers are used. Our internal analytics tracking is server-side and does not rely on browser cookies beyond the essential session identifier.

12. Data Retention

We retain your personal information for as long as your account is active and as necessary to provide our services and fulfil the purposes described in this policy. Campaign data, call and SMS logs, and analytics events are retained while your account remains active. We do not store voice call recordings for outbound campaigns.

Upon account termination, we will delete your personal data within a reasonable period unless retention is required by applicable law. You may request earlier deletion of specific data by contacting us at the details provided below.

13. Data Security

Backchat has implemented and shall at all times maintain appropriate technical and organisational security measures to safeguard the Personal Information collected, Processed and/or retained by it in connection with the Chatterbox Platform and the corresponding Services, including:

• AES-256 encryption for sensitive configuration data stored in our database
• Encryption of data in transit (HTTPS/TLS) and at rest
• Secure access controls and authentication (SSO, session-based authentication)
• Regular security assessments and monitoring

Any suspected breach or misuse of the information collected and/or Processed by Backchat will be investigated and, where applicable, reported to the Information Regulator.

Backchat strictly reserves the right to take whatsoever steps as may be necessary to secure the integrity of its data security measures, such systems being subject to ongoing review and management by the Information Officer.

14. Children's Privacy

Our services are not intended for individuals under the age of 18. We do not knowingly collect personal information from children.

15. Changes to This Policy

This Policy shall, in the sole and unfettered discretion of Backchat, be subject to all such amendments reasonably necessary to ensure its continued effectiveness, relevance, and compliance with evolving business needs, industry standards and legal or regulatory requirements.

Users will be notified of any updated versions of this Policy on the Platform. Any revised version of this Policy will only take effect on at least 30 (Thirty) calendar days' notice.

16. Contact Us

Any queries, recommendations or requests in connection with this Policy must be directed to the Information Officer:

• Information Officer Email: privacy@backchat.co.za
• Website: www.backchat.co.za

17. Information Regulator

If you are not satisfied with how we handle your personal information, you have the right to lodge a complaint with the Information Regulator:

• Website: www.justice.gov.za/inforeg
• Email: complaints.IR@justice.gov.za