DATA PROTECTION AND PRIVACY POLICY (“POLICY”)

INTRODUCTION

Simbanet Com Limited is committed to protecting the privacy of personal data.

By using this site or our products, you agree to the collection and use of information in accordance with this Policy.

This Policy should be read together with our terms and conditions and unless otherwise defined herein terms used here shall have similar meaning as in our terms and condition.

SCOPE

This Policy shall apply to all customers and employees of Simbanet Com Limited and all external business partners (such as merchants, suppliers, contractors, vendors and other service providers) from whom we shall receive, send, collect, access, or process personal data in any way. 

DEFINITIONS

References to

“You” means any customers, employees and all external business partners of Simbanet Com Limited.

“We”, “Us”, or Simbanet” means the Simbanet Com Limited Kenya Limited and its affiliate entities.

COLLECTION OF PERSONAL DATA

For purposes of this Policy, personal data constitutes personally identifiable information that can be used to identify or reach you. The personally identifiable information includes but is not limited to name, identification number, physical address, email address, phone number, date of birth/place, passport number, postcode or city of residence, login name/screen name/handle/nickname, age & gender, Web cookies and usage data.

Personal data does not include corporate information that relates to an entity such as corporate name, address or phone number. It also does not include information that is anonymized to a point where the natural person is no longer identifiable.

Simbanet shall in the course of interactions with you and through its products collect some data from you. Instances whereby we will collect your data includes but is not limited to:-

• Buy or use any of our products and services;
• Use of our network or other Simbanet products and services;
• Subscribe to newsletters, alerts or other services from us;
• Contact us through various channels, or ask for information about a product or service;
• Visit or browse our website or other Simbanet websites;
• When we procure services from you for purposes of making payments;
• When you are employed or make an application for a job at Simbanet.
• We may also obtain data about you from 3rd parties

Simbanet has affiliates locally and globally and from time to time we may share your personal data within the various affiliate entities. Such information may be used by each entity for its internal business, operational and investigation purposes as well as any other purpose consistent with the intended purpose for which the information was originally collected.

You have choices when it comes to the data you share. When we ask you to provide personal data, you can decline. Many of our products require some personal data to provide you with a service. If you choose not to provide data required to provide you with a product or feature, you cannot use that product or feature.

Likewise, where we need to collect personal data by law or to enter into or carry out a contract with you, and you do not provide the data, we will not be able to enter into the contract; or if this relates to an existing product you’re using, we may have to suspend or cancel it. We will notify you if this is the case at the time.

USE OF PERSONAL DATA

Simbanet shall use your personal data to facilitate current and potential business dealings with you, which includes but is not limited to:

1. Verify your identity, accuracy of your account with us and contact information;
2. Complete transactions effectively and bill for products and services;
3. Respond to your request for service or assistance;
4. Perform market analysis, market research, business and operational analysis;
5. Provide, develop, maintain and improve our products and services which includes updating, securing, and troubleshooting, as well as providing support.
6. Anticipate and resolve issues and concerns with our products and services;
7. Advertise and market to you, which includes sending promotional communications, targeting advertising, and presenting you with relevant offers.
8. Ensure adherence to legal and regulatory requirements for prevention and detection of frauds and crimes.
9. “Remember” your online profile and preferences
10. For monitoring or recording of access to voice or data services for our business purposes such as quality control and training; prevention of unauthorised use of our telecommunications system; and ensuring effective systems operation; and in order to prevent or detect crime.
11. We also use the data to operate our business, which includes analyzing our performance, meeting our legal obligations, developing our workforce, and doing research.
12. Manage and process your job application. We may use your personal data provided to us through job applications for purposes of processing your job application in accordance with this Policy. This may also include data we collect from 3rd parties such as recruitment firms, your references, past employers and academic institutions in order to identify and evaluate candidates for potential employment. We may conduct vetting for some job roles which may include criminal background checks and other relevant check we may deem necessary. We may further retain your job application and references for a period of time. However, if you do not wish us to retain a copy of your job application you may opt out by informing us.

DATA INTEGRITY

You are responsible for the accuracy of all personal data that you provide to us. We will use reasonable efforts to maintain the accuracy and integrity of your personal data and to update it once you notify us.

PROCESSING OF PERSONAL DATA

Simbanet will process your personal data if we have a lawful basis for doing so. Lawful basis includes:

1. Consent you provide
2. Contractual obligations you have with Simbanet
3. Simbanet’s legitimate interests
4. Legitimate interest of others
5. Public interest
6. Compliance with any legal or regulatory obligation

DISCLOSURE OF PERSONAL DATA

Simbanet will safeguard your data and may disclose under below circumstances; -

• With the customer’s consent,
• to its affiliates, professional advisors and other service providers of Simbanet, including credit bureaux (in order to perform credit and background checks),
• banks (to process transactions), and collection agencies (for the collection of outstanding accounts),
• survey agencies that conduct survey on behalf of Simbanet,
• regulatory bodies, other government agencies and other law enforcement bodies and for compliance with legal obligations to which Wananchi is subject to, 
• emergency service providers when you make an emergency call (or where such disclosure to emergency service providers is necessary for your rescue, health and safety) including your approximate location,
• If the data is required to detect, prevent or address fraud, security or technical issues,
• To protect our property, legal rights and that of others.

RETENTION OF INFORMATION

Simbanet shall not retain your personal data for longer than is necessary except if the same is required to fulfil the purposes we collected it for which may include any legal, regulatory, tax, accounting or reporting requirements.

In the event there is a complain, litigation or dispute of whatever nature, we shall retain your personal data for a longer period.

When we have no ongoing legitimate business to process or retain your personal data, we will either delete or anonymize it or where this is not possible, we will securely store it and isolate it from any further processing until deletion is possible.

SECURITY PRACTICES AND PROCEDURE

We shall adopt reasonable security practices and procedures, in line with applicable laws, to include, technical, operational, managerial and physical security controls in order to protect your personal data from unauthorized access or disclosure while it is under our control. However, no method of transmission over internet or electronic storage is full proof secure hence we cannot guarantee absolute security of your personal data.

YOUR RIGHTS

Subject to legal and contractual exceptions, you have rights in relation to your personal data which include:

• Right to be informed of the use to which their personal data is to be put;
• Right to access personal data in our custody;
• Right to object to the processing of all or part of your personal data;
• Object to processing of your personal data for direct marketing. You can exercise the right by opting out as maybe provided. If you opt out of marketing, you may still receive service-related messages.
• Right to request that we correct your personal data where it is false, misleading, inaccurate or incomplete;
• Right to request that we erase your personal data noting that we may continue to retain your information if obligated by the law or entitled to do so;
• Right to object and withdraw your consent to processing of your personal data. We may continue to process if we have a legitimate or legal reason to do so;
• Right to request restricted processing of your personal data noting that we may be entitled or legally obligated to continue processing your data and refuse your request;
• Right to request transfer of your personal data to another data controller.

FEEDBACK AND COMPLAINTS

At any time, you can cancel or modify your information or lodge complaints regarding your personal data, you can contact us at dataprotection@simbanet.co.ke

POLICY CHANGES

We reserve the right to amend and update this Policy from time to time without prior notification to you. We will upload the amended Policy on our website and such changes will be deemed to be with immediate effect.

You are advised to review this Policy periodically for any changes.