K U U Z A PRIVACY POLICY
KUUZA MOBILE APPLICATION DATA PRIVACY POLICY
Kuungana Technology Incorporated (KTI or we) are committed to protecting and respecting your privacy.
1. SCOPE OF POLICY
1.1. This privacy policy (Privacy Policy), together with our terms and conditions (as set out at https://kuunganatech.com/terms-conditions) (KUUZA T&Cs) and any additional terms of use incorporated by reference into the Kuuza mobile application applies to your use of:
1.1.1. the Kuuza mobile application (App) available on the Google play store, once you have downloaded the App onto your mobile telephone or handheld device (Device); and
1.1.2. any of the services accessible through the App (Services).
1.2. This policy sets out the basis on which any personal data (Personal Data) we collect from you, or that you provide to us, will be processed by us during the opening and maintaining of an account on the KUUZA App (Kuuza Account). Personal Data has the meaning set out in the KUUZA T&Cs. Please read this policy carefully to understand our views and practices regarding your personal data and how we will treat it.
1.3. For the purpose of the Data Protection Act, 2019, the data processor and controller is Kuungana Technology Incorporated of 300 Creek View Road, Suite 209, Newark, New Castle, 19711, Delaware, United States of America.
2. OUR OBLIGATION TO YOU
2.1. In the collection and processing of your Personal Data, we undertake to ensure that the information is:
2.1.1. processed in accordance with your right to privacy;
2.1.2. processed lawfully, fairly and in a transparent manner;
2.1.3. collected for explicit, specified and legitimate purposes as outlined in this Privacy Policy and not further processed in a manner incompatible with those purposes;
2.1.4. adequate, relevant, limited to what is necessary in relation to the purposes for which it is processed;
2.1.5. collected only where a valid explanation is provided whenever information relating to private affairs is required;
2.1.6. accurate and, where necessary, kept up to date, with every reasonable step being taken to ensure that any inaccurate personal data is erased or rectified without delay;
2.1.7. kept in a form which identifies you for no longer than is necessary for the purposes which it was collected; and
2.1.8. not transferred outside Kenya, unless we obtain your consent and demonstrate adequate data protection safeguards.
3. INFORMATION WE COLLECT FROM YOU We will collect and process the following data about you:
3.1. Information you give us (Submitted information)
3.1.1. This is information you give us about you and your business when you register to use the App, or by corresponding with us (for example, by e-mail or chat). It includes information you provide when you: a) download our App, register to use our App, subscribe to any of our Services or make in-App purchases; b) share data via the App’s social media functions; c) participate in our gamification system or in a survey; and/or d) when you report a problem with our App, or our Services
3.1.2. Examples of the information you provide to us include: a) Personal Data - this may include your name, national identification number, address, phone number and email, country, profile photo, usernames and credentials. b) Business Information – this may include the business name, business registration number, tax registration number, billing information (your payment information), email address and telephone number, information about your business, your finances, expenses, invoices, financial statements, details of your financial transactions, payroll details, payment details, tax return details, details about your customers or vendors or employees, income and wage information and/or investment information. c) Social and community content - any content you post on our social media pages and on our community pages. d) Correspondence - if you contact us, we will keep a record of that correspondence. The information you give us may include your name, address, e-mail address and phone number, the Device’s phone number, age, username, credentials and other registration information, personal description, the business you run and the location of the business.
3.2. Information we collect about you and your Device
3.2.1. Each time you visit our App we will automatically collect the following information: a) technical information, including the type of Device you use, a unique Device identifier (for example, your Device’s IMEI number or the mobile phone number used by the Device, internet protocol (IP) addresses, mobile network information, your mobile operating system, the type of mobile browser you use, time zone setting and error messages (Device Information); b)information stored on your Device, including contact information, friends lists, login information, etc (Content Information); c) details of your use and interactions with our App, social media websites, and marketing campaigns that we or our customers organize including, including Device information (such as your IP address and unique Device IDs), page view information and search results, links and if you are a customer contact, whether or not a campaign presented or sent to you using our offerings has been viewed, delivered, opened, clicked on, whether it has bounced or was treated as spam whether this is required for our own billing purposes or otherwise,. This information may be collected by us or a service provider acting on our behalf. (Log Information). d) we also use GPS technology to determine your general location. Some of our location-enabled Services require your personal data for the feature to work. If you wish to use the particular feature, you will be asked to consent to your data being used for this purpose. You can withdraw your consent at any time through the settings feature on your Device .(Location information)e) when you register on the App, you will be required to come up with a unique pin number which you will use to access our Services on the App and will ensure the security of your data on your Device.(Unique Pin)
3.3. Information we receive from other sources (Third Party Information)
3.3.1. We are working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies).
3.3.2. We may receive information about you when you sign into a third-party service with your Kuuza Account or when you connect your Kuuza Account to a third-party service. For example, you may choose to connect your Kuuza Account with your bank accounts or social media platforms.
3.3.3. We also collect information from publicly available and other third-party sources, such as open government databases.
3.3.4. We will notify you when we receive information about you from third parties and the purposes for which we intend to use that information.
3.4. Use of cookies in collecting information
3.4.1. A cookie is a small piece of data that we can send to your Device, which may then be stored on your Device so we can recognize you when you log in to the App. We use cookies for session tracking to make it possible to navigate the secure environment inside our App.
3.4.2. We use cookies to distinguish you from other users of the App. This helps us to provide you with a good experience when you use the App and also allows us to improve the App.
3.5. Automated Processing
3.5.1. In order to provide you with valuable personalized advice, recommendations, and experiences, we may process your Personal Data using automated and manual (human) methods
3.5.2 KTI is allowed to use third party providers to upload sms messages for app operations only. App operations is defined as anything that helps to automate and/or enhance the user experience within our application. KTI only uses regulated, registered and trusted third parties for our automated processing.
4. USES MADE OF THE INFORMATION
4.1. Submitted Information
4.1.1. We collect and process Personal Data and all other information you provide where: a) we have your consent to do so; b) it is necessary to process your Personal Data to perform our Services and provide you with the benefits of the App; c) it is necessary to improve and develop the App, communicate with you, market our offerings and Services and personalize your experience; d) it is necessary to detect illegal activities; or e) we need to comply with legal requirements, including applicable laws and regulations.
4.2. Personal Data and all other information you provide is used to:
4.2.1. provide you with the App, create your Kuuza Account and manage our relationship with you;
4.2.2. improve and develop our products and Services by analyzing how they are used and interacted with, by assessing the use of and interactions with our App and certain content our customers view on App and by conducting data analytics to develop insights about you, your needs and preferences so we can make more informed predictions, recommendations and products for our customers;
4.2.3. run and manage our business, including resolving billing and financial queries;
4.2.4. evaluate your eligibility for financial or other marketing offers, products and Services;
4.2.5. communicate with you, such as sending you electronic notifications concerning your privacy and security of your Kuuza Account;
4.2.6. protect against misuse or abuse of our Services and ensure compliance with our terms, including in relation to content our customers send or display through the App;
4.2.7. market our Services, products and experiences, including our gamification system, product recommendations and other non-transactional communications via email, post, telephone, SMS or push notifications, in accordance with your marketing preferences
4.2.8. personalize your experience and tailor recommendations, advertising and offers presented to you, including through the development of insights about you and your needs based on your interactions with the products, Services and offerings of our App;
4.2.9. combine and anonymize information about your interactions with the App to create aggregate, anonymized statistics for use in research and for marketing, promoting, improving and developing our App;
4.2.10. present content that’s personalized, including learning content and advertisements that will improve your general experience of our App;
4.2.11. publish more resources based on types of businesses you run and their locations;
4.2.12. track all reported issues with the App;
4.2.13. contact you for the purposes of service updates, and system and Kuuza Account notifications;
4.2.14. provide you with support and resolve disputes;
4.2.15. authenticate your identity;
4.2.16. protect the rights, property, safety or security of the App, our customers, employees or others and prevent fraudulent or illegal activity;
4.2.17. exercise our rights in the course of judicial, administrative or arbitration proceedings;
4.2.18. enforce, remedy or apply our terms and conditions or other agreements; and/or
4.2.19. process your information for other purposes that are compatible with the disclosed purposes if and where this is permitted by applicable law.
4.3. Device information is used to:
4.3.1. help us provide features like automatic App updates;
4.3.2. help you navigate our site, make sure that pages are loaded quickly;
4.3.3. help us log and attend to errors arising from use of the App;
4.3.4. customize updates to the App based on various Devices using the App and our Services;
4.3.5. synchronize your ability to make M-Pesa transactions from the Kuuza App.
4.4. Content Information is used to:
4.4.1. detect any security breach within your Device that could compromise the safety of your Personal Data within the Kuuza App;
4.4.2. help us reach you when marketing our Services, informing you of updates to the Kuuza App, alerting you in the event of breach of your Personal Data in our App and when informing you of any changes to this Privacy Policy or the Kuuza T&Cs;
4.5. Log information is used to:
4.5.1. monitor traffic on the App including peak and off-peak times so as to ensure stability and performance of the App;
4.5.2. promote or offer you Services, and to determine your eligibility for new products and Services we may offer from time to time;
4.5.3. offer you products and Services from any of our business partners;
4.5.4. provide you with educational materials and guides relevant to the Services you use;
4.5.5. enable us to come up with better resources for you based on your searches and the content you mostly frequent.
4.6. Unique PIN:
4.6.1. Your unique PIN number will help make your Kuuza Account more secure. When there are multiple failed attempts to log into your App using a wrong PIN, this will inform us of possible unauthorized access to your Kuuza Account in violation of our terms and conditions and will trigger disabling or blocking of your Kuuza Account.
5. CONSENT
5.1. When signing up to use the App, you will be required to accept this Privacy Policy before enjoying our Services provided in the App. By accepting them, we will presume that you freely consent to have your data collected, processed and controlled in accordance with the terms of this Privacy Policy and the Kuuza T&Cs. You also consent to us sharing your Personal Data with third party service providers as set out in this Privacy Policy and Kuuza T&Cs.
5.2. Additionally, subject to the provisions of the Data Protection Act, we may collect your data without your consent on the following legal basis:
5.2.1. for the performance of a contract to which you are a party or in order to take steps at your request before entering into a contract;
5.2.2. for compliance with any legal obligation to which we are subject;
5.2.3. in order to protect your vital interests or those of another person;
5.2.4. for the performance of a task carried out in the public interest or in the exercise of official authority vested in us;
5.2.5. the performance of any task carried out by a public authority;
5.2.6. for the exercise, by any person in the public interest, of any other functions of a public nature;
5.2.7. for the legitimate interests pursued by us or by a third party to whom the data is disclosed, except if the processing is unwarranted in any particular case having regard to the harm and prejudice to your rights and freedoms or legitimate interests; or
5.2.8. for the purpose of historical, statistical, journalistic, literature and art or scientific research.
5.3. During the processing of your Personal Data under clause 5.2, we shall only rely on one legal basis for processing at a time, which shall be established before the processing.
5.4. We will inform you before collecting your data if we intend to collect your data for any of the legal basis under clause 5.2.5.5. You have the right to make any requests regarding the collection and processing of your Personal Data under this clause 5.2 which can be addressed to support@kuuza.tech.
6. ADDITIONAL INFORMATION
6.1. Kuuza has public forums and blogs. Any information submitted there may be read and collected by anyone. We will not include your Personal Data in these public forums and blogs without your consent. In case you wish to withdraw the same consent, you may request removal of your Personal Data from any forum or blog posts and comments by contacting us at support@kuuza.tech.
6.2. If you provide us with a testimonial, with your consent we may post it on our public forums and blogs or in other materials and media, along with your name. If you want your testimonial removed, please contact us at support@kuuza.tech.
6.3. You may engage with us through social media sites. When you engage with us on these sites, we may have access to certain information about your social media account (e.g. username, photos, posts, friends list, etc). These sites may collect your IP address, how you’re engaging with us, and may use cookies to enable the site to function properly. We may use this information to personalize your experience and to provide you with other products or Services you may request.
6.4. We do not disclose Personal Data to our advertisers, but we may provide them with anonymous aggregate information about our customers (for example, we may inform them that 50 users with businesses in Nairobi have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women operating a shop or other retail outlet in Nairobi). We will use the Personal Data we have collected from you to enable us to comply with our advertisers’ wishes by displaying their advertisement to that target audience.
7. DISCLOSURE OF YOUR INFORMATION
7.1. We may disclose the data we collect from you to the following third parties: Category of data Recipient Purpose Personal Data Business Information Safaricom To enable users to link their M-Pesa App + SMS messages to our App and to facilitate transfer or sharing of information across these applications.
7.2. You agree that we have the right to disclose your Personal Data to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in the Companies Act 2015.
7.3. We will disclose your Personal Data to third parties:
7.3.1. in the event that we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of such business or assets;
7.3.2. if KTI or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets;
7.3.3. if we are under a duty to disclose or share your personal data in order to comply with any legal or regulatory obligation or request;
7.3.4. In order to: a) enforce or apply this data privacy policy, our terms and conditions and other agreements or to investigate potential breaches of the same; or b) protect the rights, property or safety of KTI our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
8. WHERE WE STORE YOUR PERSONAL DATA
8.1. The data or information that we collect from you is stored on cloud servers run and operated by with Google Cloud Platform, a cloud infrastructure headquartered in Mountain View, USA. It will also be processed by staff of KTLI’s subsidiary in Kenya. These staff may be engaged in the fulfilment of your request, order or reservation, the processing of your payment details and the provision of support services. In line with paragraph 2.1.8, by submitting your personal data, you agree to the transfer, storing or processing of your data outside of Kenya.
8.2. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.
8.3. Any payment transactions carried out by you will be encrypted.
8.4. Where you have chosen a PIN that enables you to access our App, you are responsible for keeping this PIN confidential. We ask you not to share any PIN with anyone.
8.5. We will retain your information for the period necessary to fulfill the purposes outlined in this policy unless a longer retention period is required by law or regulation. To be clear, that means we’ll retain your Personal Data while you have an active Kuuza Account, and afterward for as long as we need to do so to meet our legal obligations.
8.6. If you choose to close your Kuuza Account, we will delete your Personal Data and all other submitted information after five (5) years unless we are otherwise legally obliged to keep it longer consistent with our retention policies or if we determine it is necessary to defend against legal claims.
8.7. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our App; any transmission is at your own risk. Once We have received your information, We will use strict procedures and security features to try to prevent unauthorized access.
8.8. We use a combination of reasonable and appropriate safeguards designed to protect your information. These safeguards are:
8.8.1. internal administrative controls which include policies, procedures, and training of our staff;
8.8.2. technical controls such as encryption, firewalls, and secure coding frameworks; and
8.8.3. physical controls (secured hosting environments). We store your data with Digital Ocean, a cloud infrastructure company headquartered in New York, USA with a robust privacy policy available here and which is subject to stringent data protection legislation.
8.9. We also ensure that any third party acting on our behalf maintains reasonable and appropriate safeguards in respect of your Personal Data. Additional information about our third parties’ privacy practices is available upon request.
8.10. If you have questions about security of our App, you can contact us at support@kuuza.tech.
9. YOUR RIGHTS
9.1. You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you, before collecting your data, if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the App. You can also exercise this right at any time by contacting us at support@kuuza.tech.
9.2. Our App may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates including, but not limited to, websites on which the App or the Services are advertised. If you follow a link to any of these websites, please note that these websites and any services that may be accessible through them have their own privacy policies and that we do not accept any responsibility or liability for these policies or for any personal data that may be collected through these websites or services, such as contact and location data. Please check these policies before you submit any personal data to these websites or use these services.
10. ACCESS TO INFORMATION
10.1. The Data Protection Act, 2019 gives you the right to access information held about you without charge.
10.2. You may access, update, and correct inaccuracies in the Personal Data in our custody or control at any time, subject to limited exceptions prescribed in the Data Protection Act. You can download or export data you input into the App at any time. To correct inaccuracies, simply log in to your Kuuza Account and make the necessary changes under Profile Settings.
10.3. You can also request access, corrections, or updates to all your Personal Data, including information not available through your Kuuza Account, by contacting us at support@kuuza.tech.
10.4. We may request certain Personal Data for the purposes of verifying the identity of the individual seeking access to their Personal Data records.
11. CHANGES TO PRIVACY POLICY
11.1. Any changes we may make to our privacy policy in the future will be posted via notice on the App and on any of our social media platforms and, where appropriate, notified to you by SMS orby e-mail or when you next start the App. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the App or the Services.
12. CONTACT
12.1. Questions, comments and requests regarding this Privacy Policy are welcomed and should be addressed to support@kuuza.tech.