LEGAL FRAMEWORK

Terms, Privacy &
Acceptable Use

Legal documentation governing the use of Dolphin Mobile South Africa services. Applies to dolphintelecoms.co.za.

  • Terms & Conditions
  • Privacy Policy
  • Acceptable
1

Terms & Conditions

Governing the use of Dolphin Mobile South Africa services

Introduction
Dolphin Mobile South Africa ('Dolphin SA') provides mobile telecommunications services in the Republic of South Africa as a Mobile Virtual Network Operator (MVNO), subject to applicable South African telecommunications laws and regulations.

Eligibility & Activation

  • Customers must provide accurate personal information.
  • SIM activation is subject to identity verification in accordance with South African regulatory requirements.
  • Failure to provide valid identification may result in activation refusal or suspension.

Airtime & Bundle Purchases

  • Airtime purchases are non-refundable once successfully delivered.
  • Bundles are fixed products with defined data, voice and validity periods.
  • Bundles cannot be converted into cross-border gifts.
  • Unused airtime or bundle allocations may expire according to product rules.

Cross-Border Airtime Gifting

  • Website gifting is processed as a paid transaction in South African Rand (ZAR).
  • Airtime balance gifting is processed via USSD and deducted from available Dolphin SA airtime.
  • Conversion mechanisms are determined internally by Dolphin SA.
  • Unused airtime or bundle allocations may expire according to product rules.
  • Important: Dolphin SA is not a money transfer, remittance, or financial services provider.

Payments

  • Accepted methods include Card, EFT, and authorised voucher systems.
  • Transactions are subject to payment processor approval.
  • Chargebacks or fraudulent disputes may result in account suspension.
  • Unused airtime or bundle allocations may expire according to product rules.

Suspension & Termination

Dolphin SA reserves the right to suspend or terminate services in cases of:

  • Fraudulent activity.
  • Regulatory non-compliance.
  • Network abuse or unlawful use.
  • Failure to comply with these Terms.

Limitation of Liability
Dolphin SA shall not be liable for indirect, incidental, consequential, or special damages arising from service interruptions, network limitations, or third-party system failures.

Governing Law

These Terms are governed by the laws of the Republic of South Africa.

2

Privacy Policy

How we collect, use, share and protect your personal information

About This Policy

  • Explains how Dolphin Telecoms Mobile (Pty) Ltd collects, uses, shares, and protects personal information.
  • Applies to our network, products, services, website, mobile app, retail stores, call centre, and digital onboarding channels (including SIM registration).
  • Issued in compliance with the Protection of Personal Information Act, 2013 (POPIA) and the Regulation of Interception of Communications and Provision of Communication-related Information Act, 2002 (RICA).
  • Should be read together with any service-specific terms and conditions we give you.
  • By using our services, you acknowledge that your personal information will be processed as described here.

Who We Are

  • Dolphin Telecoms Mobile SA is the Responsible Party for personal information processed in connection with its business.
  • Our Information Officer is registered with the Information Regulator and is responsible for POPIA compliance, handling data subject requests, and cooperating with the Regulator.
  • Contact details for the Information Officer appear at the end of this Policy.

Information We Collect

  • Identity information: full name and surname, date of birth, South African ID or passport number, and nationality.
  • Contact information: residential address, email address, and mobile numbers.
  • SIM registration and RICA information: proof of residence, a copy of your ID or passport, a photograph or "selfie", and facial or voice recognition data used to verify your identity.
  • Account and billing information: service plan, payment method, transaction and billing history.
  • Network and usage data: call, SMS, and data session records, and device or location information needed to provide the service.
  • Information you provide when contacting our call centre, visiting our website, or engaging with us on social media.
  • Basic website analytics and device data.
  • Information from trusted third-party sources, used to verify the details you provide to us.

Purpose of Collection

  • SIM activation and service provision.
  • Regulatory compliance, including RICA, FICA, tax, and consumer protection obligations.
  • Fraud prevention and detection of financial crime.
  • Network and service security.
  • Service improvement and customer support.
  • Identity verification, service notifications, and emergency service alerts.
  • Direct marketing, subject to the consent rules set out below.

How We Collect Personal Information

  • Directly from you when you use our products, services, website, or social media platforms.
  • Directly from you during the SIM registration process.
  • From publicly or commercially available sources, and from trusted third-party verification providers, to confirm your identity and address.
  • Information collected for RICA registration is used only for that purpose, unless you separately consent to further processing.

Lawful Basis for Processing

  • You have given consent to the processing.
  • Processing is necessary to conclude or perform a contract with you.
  • Processing is required to comply with a legal obligation, such as RICA, FICA, or tax legislation.
  • Processing protects a legitimate interest of yours.
  • Processing pursues our legitimate business interests, provided this does not unreasonably override your rights.
  • Processing is necessary to perform a public law duty by a public body.

SIM Registration (RICA)

  • RICA registration is mandatory for every SIM card, and no SIM is activated until the required information has been captured and verified.
  • We may require your full name, residential address, a facial photograph or "selfie", and copies of your ID or passport and proof of residence.
  • We may capture biometric data, such as facial or voice recognition information, to verify your identity.
  • If your SIM card is lost, stolen, damaged, or destroyed, you must report this to the South African Police Service immediately. Failure to do so may be an offence under RICA.
  • If you transfer your SIM card to another person, other than a family member or dependant, RICA section 40(5) requires you to give us that person's registration details immediately so the SIM can be re-registered. Failure to do so is a criminal offence.
  • We may suspend or terminate a SIM card or associated service, without notice, where it is transferred without our consent or without the registration information RICA requires.

Special Personal Information

  • Special Personal Information includes biometric data used for identity verification, and is collected only where POPIA permits, such as with your consent or where necessary to establish or verify identity.
  • It is subject to additional security safeguards and is accessible only to personnel performing identity verification or fraud prevention functions.
  • Biometric information is processed only for identity verification, fraud prevention, and compliance with RICA and other legal obligations.
  • It is not used for automated decision-making producing legal effects without appropriate safeguards.
  • It is retained only for as long as required to fulfil verification, regulatory, audit, or legal obligations.
  • Where identity verification is performed by an authorised third-party provider, that provider acts as an Operator and is contractually required to protect the information in line with POPIA.

Cross-Border Airtime Gifting

  • Website gifting is processed as a paid transaction in South African Rand (ZAR).
  • Airtime balance gifting is processed via USSD and deducted from available Dolphin SA airtime.
  • Conversion mechanisms are determined internally by Dolphin SA.
  • Unused airtime or bundle allocations may expire according to product rules.

Regulatory Compliance

Identity information is collected in accordance with applicable South African telecommunications regulations and compliance frameworks, including RICA, FICA, the Electronic Communications and Transactions Act, the Electronic Communications Act, the Consumer Protection Act, the Promotion of Access to Information Act, and the Cybercrimes Act.

Data Sharing

  • Shared with network partners for activation and service provisioning.
  • Shared with authorised payment processors.
  • Shared with our Operators and service providers under written contracts requiring POPIA-consistent protection.
  • Shared with government bodies, regulators, law enforcement, or courts where required or authorised by law, including on receipt of a valid RICA directive.
  • Shared with trusted third parties who assist us in verifying the information you provide.
  • Shared with other organisations, with your knowledge, where you sign up for a third-party service that requires identity verification or fraud prevention through us.
  • Not sold to third parties for marketing purposes.

Cross-Border Transfers

  • The recipient is subject to laws, binding rules, or contractual obligations providing protection substantially similar to POPIA;
  • The transfer is necessary to conclude or perform a contract with you;
  • The transfer is necessary for pre-contractual measures taken at your request;
  • The transfer benefits you and it is not reasonably practical to obtain your consent; or
  • You have consented to the transfer, as permitted by section 72 of POPIA.

Data Retention

  • We retain personal information only for as long as necessary to fulfil the purposes for which it was collected and to meet legal and regulatory requirements.
  • Longer retention may apply to RICA registration records, telecommunications records, tax and accounting records, anti-fraud and security records, and records needed to resolve disputes or enforce legal rights.
  • When retention is no longer necessary, information is securely deleted, destroyed, de-identified, or anonymised.
  • Anonymised information may be retained indefinitely where it can no longer identify an individual.

Security Safeguards

  • Where we have reasonable grounds to believe personal information has been accessed or acquired by an unauthorised person, we investigate and take appropriate remedial action.
  • Where required by law, we notify the Information Regulator and affected data subjects as soon as reasonably possible.
  • Notification may be given by email, SMS, publication on our website, or any other method permitted by law.

Direct Marketing

  • We send electronic marketing only with your consent, or where you are an existing customer and we are marketing similar products or services to those you already have.
  • You may opt out at any time, free of charge, using the unsubscribe option in each communication or by contacting us.

Cookies and Similar Technologies

  • Our digital platforms may use cookies, pixels, analytics tools, and similar technologies to remember preferences, improve functionality and performance, understand how users interact with our services, and assist with fraud prevention and security monitoring.
  • You may configure your browser to refuse certain cookies, though this may affect the functionality of our website or digital services.
  • Where required by law, we obtain your consent before placing non-essential cookies on your device.

Your Rights (POPIA)

Right to Confirmation

Confirm, free of charge, whether we hold personal information about you

Right to Access

Request a copy of your personal information

Right to Know Recipients

Request the identities or categories of third parties who received your information

Right to Correction

Request correction of inaccurate, incomplete, misleading, excessive, or out-of-date data

Right to Deletion

Request deletion where legally permissible

Right to Object

Object, on reasonable grounds, to the processing of your personal information

Right to Withdraw Consent

Withdraw any consent you have given for processing, at any time

Right to Complain

Lodge a complaint with the Information Regulator

Privacy Enquiries

Contact Dolphin SA support directly

How to Exercise Your Rights

  • Requests must be submitted in writing using the contact details below.
  • If you object to processing or withdraw consent, we may no longer be able to provide the product, service, or information you have requested.
  • These rights may be limited where we have a lawful basis to continue processing, such as a legal or regulatory obligation.

Intellectual Property

All intellectual property in our website, application, and services belongs to Dolphin Telecoms Mobile SA or its licensors. You may access and use this content for your own personal, non-commercial use only, and may not reproduce, adapt, modify, distribute, or publish it without our prior written consent.

Disclaimer and Limitation of Liability

  • We take reasonable steps to ensure our services function properly and our information is accurate, but do not guarantee, to the fullest extent permitted by law, that services will be uninterrupted, error-free, or fault-free.
  • To the extent permitted by law, you indemnify Dolphin Telecoms Mobile SA against any loss, liability, claim, or cost arising from your breach of this Policy or your use of our services, except where the loss results from our gross negligence or intentional misconduct.
  • We are not liable for failure or delay caused by circumstances beyond our reasonable control, including network faults, acts of government, force majeure, or default of a supplier or sub-contractor.

Changes to This Policy

We may update this Policy from time to time to reflect changes in our practices or in the law. Updates are published on our website and take effect from the date of publication. We encourage you to review this Policy periodically.

General

  • This Policy is governed by the laws of South Africa, and you submit to the jurisdiction of the South African courts.
  • If any provision is found invalid or unenforceable, it will be removed without affecting the remaining provisions.
  • Our failure to enforce any right or provision does not waive it, unless we agree to the waiver in writing.

How to Contact Us

For questions, requests, objections, complaints, or to exercise any right under POPIA, contact:

  • Dolphin Telecoms Mobile (Pty) Ltd, Information Officer
  • Suite 1217, Leonardo, 75 Maude Street, Sandton
  • info@dolphintelecoms.com
3

Acceptable

Rules governing appropriate use of Dolphin SA services

Prohibited Activities

  • Use of services for illegal activities.
  • Fraudulent transactions or identity misuse.
  • Bulk reselling without authorisation.
  • Network abuse or spam activity.
  • Cross-Border Gifting Misuse

    • Manipulating gifting mechanisms for financial arbitrage.
    • Circumventing regulatory requirements.
    • Abusive or excessive usage inconsistent with normal consumer behaviour.
    • Enforcement

      Dolphin SA reserves the right to suspend or terminate services where violations are detected.

      Violations may result in immediate service suspension without prior notice where required by law or in cases of serious breach.