Privacy Policy – Soko ya AMD

7.1. We do not accept liability or responsibility for any loss or damage occasioned to any person acting or refraining from acting on any information contained on this Website.

7.2. This Privacy Policy explains how we collect, use, and share your personal information in connection with the Website, product, software, or service that links to this Privacy Policy.

7.3. We respect your right to privacy and personal information, and take data privacy seriously. This Privacy Policy is based on the Kenya Data Protection Act No. 24 of 2019 which is in line with the General Data Protection Regulations of the European Union (the GDPR).

7.4. We are committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this Website, then you can be assured that it will only be used in accordance with this privacy statement and in accordance with the relevant laws relating to data protection and privacy.

7.5. We are committed to safeguarding the privacy of all visitors to our Website as well as the security of any Personal Data (as defined below) that you share with us through this Website. All processing of such Personal Data shall be carried out in full compliance with the requirements of all applicable laws. As from the Effective Date, any existing Personal Data already held by us shall be deemed to have been legally collected and processed unless you, as the data subject, requests for the correction or deletion of any part of your information held.

7.6. For purposes of this Privacy Policy, the term Personal Data shall mean any information relating to:

(a) an identified natural person; or

(b) an identifiable natural person, that is, a natural person who can be identified directly or indirectly, by reference to an identifier that relates to them such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person.

7.7. We may collect your Personal Data in the following ways:

(a) We may collect Personal Data directly from you in the course of your use of this Website or your interaction with us through this Website, except for instances where the law permits us to collect your Personal Data from other sources.

(b) We may also collect Personal Data in the course of providing other services to you, that we may offer through our Website.

7.8. The types of Personal Data that may be collected include your name and contact details. Where relevant, we may collect other Personal Data, for example your membership of professional associations or boards or, in rare cases, financial information. We may also collect other Personal Data directly from you (save for instances where the law permits us to collect your Personal Data from other sources) in the course of providing services to you, or to someone else based on subsequent interactions with you. If necessary, and in rare specified cases we may collect your financial information. In particular we may collect the following information from you:

(a) Account Information, such as security-related information (including user names and passwords, authentication methods, and roles), service-related information (including purchase history and account profiles), billing-related information (including payment, shipping, and billing information), and similar data;

(b) User Content, such as content of communications, suggestions, questions, comments, feedback, and other information you send to us, that you provide to us when you contact us, or that you post on our Website and similar data;

(c) Device & Browser Information, such as network and connection information, advertising identifiers, cookie identifiers and information, and similar data.

(d) Usage Information and Browsing History, such as usage metrics (including usage rates, occurrences of technical errors, diagnostic reports, settings preferences, backup information, API calls, and other logs), content interactions (including searches, views, downloads, prints, shares, streams, and display or playback details), and user journey history (including clickstreams and page navigation, URLs, timestamps, content viewed or searched for, page response times, page interaction information (such as scrolling, clicks, and mouse-overs), and download errors), advertising interactions (including when and how you interact with marketing and advertising materials, click rates, purchases or next steps you may make after seeing an advertisement, and marketing preferences), and similar data.

(e) Location data, such as the location of your device and similar location data.

(f) Demographic information, such as country, preferred language, age and similar data.

(g) Your image, such as still pictures, video, voice, and other similar data.

(h) Identity information, such as government-issued identification information, tax identifiers, social security numbers, other government-issued identifiers, and similar data.

(i) Financial information, such as billing address, credit card information, billing contact details, and similar data.

(j) Social media and online content, such as information in social media and online profiles, online posts, and similar data.

(k) Career, education, and employment related information and similar data.

7.9. We collect Personal Data when we (or propose to) deal with, or provide or market our services to you, or someone engaging you. In accordance with our legal obligations we inform you of the following:

(a) the fact that we are collecting your Personal Data from you;

(b) the purpose for which we intend to collect your Personal Data including why we are collecting your Personal Data and how we plan to use it;

(d) a description of the technical and organizational security measures taken to ensure the integrity and confidentiality of the data;

(e) your rights as the subject of the Personal Data which we collect from you;

(f) the contacts of the data controller or data processor who will handle your Personal Data;

(g) whether the data is being collected pursuant to any law and whether such collection is voluntary or mandatory; and

(h) the consequences where the data subject fails to provide all or any part of the requested data.

7.10. Should we ever collect your Personal Data from sources other than you, in any other context besides that which was communicated prior to the collection, we will, in so far as it is practicable, notify you before we collect such Personal Data from such other sources.

7.11. We generally only collect Personal Data from this Website when it is provided voluntarily by you – for example, when you fill in the information request provided herein.

7.12. If the Personal Data is intended to be collected pursuant to any law or where the collection of such Personal Data is mandatorily required, we will notify you of this prior to collecting such data.

7.13. When you visit our Website, our server will record your IP address together with the date, time and duration of your visit. An IP address is an assigned number, similar to a telephone number, which allows your computer to communicate over the Internet. It enables us to identify which organizations have visited this Website. We use this information to compile statistical data on the use of our Website to track how users navigate through our site in order to enable us to evaluate and improve our site.

7.14. Please note that the provision of your Personal Data to us may be necessary for enabling the use or functioning of certain features of this Website or the provision of certain services through this Website. To that extent, any such features or services may not be functional or available for use or capable of being used in the absence of the provision of your Personal Data.

7.15. Purpose of Collection and Use of Personal Data

We may use your Personal Data in a variety of ways once collected including, but not limited to:

i. responding to your emails or online requests for products, services or information;

ii. providing you with service communications such as bill reminders, order confirmations, programme registrations and client service messages;

iii. fulfilling and/or delivering our products and services;

iv. delivering and processing surveys;

v. personalizing and improving the usability of this Website;

vi. tailoring content, advertising and marketing to you; and

vii. sharing your Personal Data with certain third parties so as to fulfil any express service requests which you make to us. We may also share such information with service providers that perform business functions for us.

7.16. Sharing your information

(a) We may on occasion be required to share your information with our other offices regionally and any third parties, who provide services on our behalf. In addition, we may also be required to share your information with other incorporated or unincorporated entities owned or controlled by AMD, for purposes of providing services to you. In relation to any such disclosure of your Personal Data, we will notify you of this as soon as reasonably practicable and shall only disclose your Personal Data where we are required or otherwise permitted to do so by any applicable law, or where it is necessary for the purpose of, or in connection with, legal proceedings or in order to exercise or defend legal rights.

(b) We may also share e-mail addresses with third parties as necessary for them to perform certain services on our behalf, such as packaging, mailing and delivering products to you and processing event registrations and responding to your service requests.

(c) Some of your Personal Data may be stored in a cloud or server located within or outside Kenya and managed by a third-party service provider. Where we transfer your Personal Data outside Kenya, this shall be solely for purposes of ensuring the safety of such Personal Data and for purposes of ensuring operational efficiency. In addition to this, we will take reasonable steps to ensure that your Personal Data is treated securely and that the means of transfer provides adequate safeguards.

7.17. Information Security

(a) We use up-to-date data storage and security systems to hold your Personal Data securely in electronic and physical form to protect your personal information from unauthorized access, improper use or disclosure, unauthorized modification or unlawful destruction or accidental loss.

(b) We implement commercially reasonable security measures to help protect against unauthorized access to or unauthorized alteration, disclosure, or destruction of data. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. Accordingly, and despite our efforts, we cannot guarantee or warrant the security of any information you transmit to us, or to or from our online products or services.

(c) All persons who have access to confidential information (including Personal Data) that we hold, including our partners, staff and third-party service providers are subject to confidentiality obligations.

7.18. Your Rights

(a) You have certain rights that you can exercise in relation to any of your Personal Data that we process. These are:

i. the right to be informed of the use to which your Personal Data is to be put;

ii. the right to object to the processing of all or part of your Personal Data;

iii. the right to access your Personal Data;

iv. the right to the correction of any false or misleading parts of your Personal Data;

v. the right to the deletion any false or misleading parts of your Personal Data.

vi. the right to data portability, which is the right to receive your Personal Data in a structured, commonly-used and machine-readable format and to transmit it from us to another data controller or data processor without hindrance;

vii. the right not to be subjected to a decision based solely on automated processing which produces legal effects that concern or significantly affect you;

viii. the right to the rectification of any inaccurate, outdated, incomplete or misleading portions or parts of your Personal Data; and

ix. the right to the erasure or destruction of any portions or parts of your Personal Data that are irrelevant, excessive, unlawfully obtained or that we are no longer authorized to retain.

(b) In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your Personal Data for a specific purpose, you have the right to withdraw your consent for that specific purpose at any time. Once we receive notification that you withdraw your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.

7.19. We process your personal information in connection with our services and for other business purposes, including to:

(a) Provide, deliver, analyze, and administer our services and to perform our contract with you;

(b) For internal research and development purposes for new content, products, and services, and to improve, test, and enhance the features and functions of our Website and interaction with you.

(d) Personalize and make recommendations related to our services and other offerings.

(e) Contact and communicate with you in connection with our services or other notifications, programs, events, or updates that me may offer.

(f) Send you correspondence, offers, advertising, and marketing materials, including to provide personalized advertising to you. You may choose not to receive future emails from us by clicking the unsubscribe link at the bottom of each email that you receive from us.

(g) Comply with your instructions or to fulfill other, specified purposes for which you have given your consent.

(h) Detect and prevent fraud and abuse to ensure the security and protection of all customers and others, as well as to identify and authenticate your access to our service or to identify and authenticate you before we provide you with certain information.

(i) Exercise our rights and to protect our and others’ rights and/or property, including to take action against those that seek to violate or abuse our services.

(j) Comply with the law and our legal obligations, including to respond to a request or order from a court, regulator, or authority.

(k) Effectuate the sale, merger, acquisition, or other disposition of our business.

7.20. Information collected from you shall be used to perform a contract where the processing is necessary for the performance of contract; and for legitimate interests- where the processing is necessary for legitimate interests pursued by us or by a third party, except where such interests are overridden by your interests or fundamental rights and freedoms which require protection of personal information.

7.21. Information collected from you where the same has been collected pursuant to your consent and for a specific purpose shall be used, subject to the Terms, for the specified purposes.

7.22. All Personal Data shall be processed, used and stored in compliance with the relevant law.

7.23. We may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.

7.24. If you are looking for more information on how we process your personal data, or you wish to exercise your legal rights in respect of your personal data, please contact soko@amd.bike