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PinkBoda understands that your privacy is important to you and that you care about how your personal data is used. We respect and value the privacy of everyone who visits this website or uses our application and will only collect and use personal data in ways that are described here, and in a way that is consistent with our obligations and your rights under the Data Protection Act, 2019 and Regulations of Kenya.
Please read this Privacy Policy carefully and ensure that you understand it. By using our site and, or our application, you give your affirmative consent that you have read and accepted all the terms in this Privacy Policy. If you do not accept and agree with this Privacy Policy, you must stop using Our Site/application immediately.
1. Definitions and Interpretation
In this Policy the following terms shall have the following meanings:
“Account”
means an account required to access and/or use certain areas and features of Our Site or application.
“Cookie”
means a small text file placed on your computer or device by Our Site when you visit certain parts of Our Site and/or when you use certain features of Our Site. Details of the Cookies used by Our Site are set out in Part 13, below; and
Driver
means an independent businessperson operating as a vehicle/ as a two-wheel transportation provider for people or goods. This term shall be used to “PinkBoda Rider” interchangeably as the context may require and defined in the Driver terms of Use.
Owner
means those who make their vehicle(s) available for others to use through our application.
Customer
means a user or consumer of any PinkBoda Applications and/or a beneficiary to Services extended through Our Application
Site
means our website www.PinkBoda.com and/or the PinkBoda mobile application downloadable from the app store or play store or from our website.
2. Information About Us
Our Site and application are operated by JABAL OMAR LIMITED Kenya a limited liability company registered in Kenya.
The registered address for Kenya: TRV Center, 3rd Ave Parklands, Nairobi, Kenya
Data Protection Email address: support@PinkBoda.com
Helpline Telephone number: +254718000100
3. What Does This Policy Cover?
This Privacy Policy applies to your use of our Site and, our application. Please note that we have no control over how your data is collected, stored, or used by other websites whose links may be provided on our website and we advise you to check the privacy policies of any such websites before providing any data to them.
4. What is Personal Data?
Personal data is defined as any information relating to an identified or identifiable natural person.
5. What Are Your Rights?
As a data subject, you have the following rights, which we will always work to uphold:
The right to be informed about our collection and use of your personal data. This Privacy Policy should tell you everything you need to know, but you can always contact us to find out more or to ask any questions using the details in Part 14.
The right to access the personal data we hold about you. Part 12 will tell you how to do this.
The right to have your personal data rectified if any of your personal data held by us is inaccurate or incomplete. Please contact us using the details in Part 14 to find out more.
The right to be forgotten, i.e., the right to ask us to delete or otherwise dispose of any of your personal data that we have. Please contact us using the details in Part 14 to find out more.
The right to restrict (i.e., prevent) the processing of your personal data.
The right to object to us using your personal data for a particular purpose(s).
The right to data portability. This means that, if you have provided personal data to us directly, we are using it with your consent or for the performance of a contract, and that data is processed using automated means, you can ask us for a copy of that personal data to re-use with another service or business in many cases.
For more information about our use of your personal data or exercising your rights as outlined above, please contact us using the details provided in Part 14.
Further information about your rights can also be obtained from the Personal Data Protection Office.
If you have any cause for complaint about our use of your personal data, you have the right to lodge a complaint with the Personal Data Protection Office.
6. What Data Do We Collect? (For The Drivers)
Depending upon your use of our Site and, or application, we may collect some or all of the following personal and non-personal data including but not limited to; –
Name;
Date of birth;
Gender;
Address;
Email address;
Telephone number;
Payment information;
Information about your preferences and interests;
IP address;
Web browser type and version;
Operating system;
We use the information you give to.
1. Identify you
2. Locate you
3. Pair you with a rider
4. Link you to an approved payment system (PinkBoda wallet)
5. Improve the service such as saving common destinations
6. Connect services like “Send” and “Share” with your contacts
7. For product research development
8. To provide measurements and analytics
9. Communicate with you (share marketing communications on our products)
10. Generally, improve your user experience.
11. For Legal and Compliance purposes with the law
7. How Do We Use Your Personal Data?
Further to clause 6, we use your data for the necessary performance of a contract with you and because you have consented to the use of your personal data, or because it is in our legitimate business interests to use it. Your personal data may also be used for the following purposes:
Providing and managing your Account.
Providing and managing your access to Our Site and, or application.
Personalizing and tailoring your experience on Our Site and, or application.
Supplying our services to you. Your personal details are required in order for us to enter into a contract with you.
Personalizing and tailoring our services for you.
Communicating with you. This may include responding to emails or calls from you.
Supplying you with information that you have the option to opt-out at any time.
For purposes of “Know Your Customer” or Customer Due Diligence under the law.
We may also use your personal data for marketing purposes, which may include contacting you by email, telephone, text message or any other means, with information, news, and offers on our services. You will not be sent any unlawful marketing or spam. We will always work to fully protect your rights and comply with our obligations under the law, and you can opt-out.
Third Parties whose content appears on Our Site may use third-party Cookies, as detailed below in Part 13. Please refer to Part 13 for more information on controlling cookies. Please note that we do not control the activities of such third parties, nor the data that they collect and use themselves, and we advise you to check the privacy policies of any such third parties.
8. How Long Will You Keep My Personal Data?
We store data until it is no longer necessary to provide our services or until your account is deleted – whichever comes first. This is a case-by-case determination that depends on things like the nature of the data, why it is collected and processed, and relevant legal or operational retention needs in accordance with the law.
9. How and Where Do You Store or Transfer My Personal Data?
We will only store or transfer your personal data to countries that have adequate data protection standards/laws or where you have consented to the processing or storing of personal data outside Kenya. We may in certain instances such as for analytics purposes or for the reasons in 6 and 7 above share your data with external third parties, that may be based out of your jurisdiction. In any such case, we shall ensure any such data is transferred securely and following best practice in your jurisdiction.
Data at PinkBoda is stored in renown and secure servers. Data from the PinkBoda applications is stored in Contabo and Amazon Web Services (AWS). PinkBoda uses Postgres SQL as the database engine and all access to the database are confidential and protected with reasonable security features.
10. Do You Share My Personal Data?
We may share your personal data with processors and other companies in our group and this may include subsidiaries, a holding company or any other entity that is a party to a merger and/or acquisition of an interest in PinkBoda.
We may sometimes contract with the following data processors to supply certain services. These may include payment processing, delivery, and marketing. In some cases, those parties may require access to some or all your personal data that we hold.
Google Firebase based in the USA – the purpose for this is to process information about how customers use the PinkBoda application and optimize user experience; data processing that helps with data optimization and marketing purposes; data processing that helps to process customer communications Please find firebase’s privacy policy https://firebase.google.com/support/privacy
If any of your personal data is required by a processor, as described above, we will take steps to ensure that your personal data is handled safely, securely, and in accordance with your rights, our obligations, and the third party’s obligations under the law. Without prejudice, you are advised to read the privacy policies of any processors we may contract.
By using the PinkBoda site/application, you (the User) give to Us (PinkBoda) your consent to collect, use and process your data for the purposes and in the manner indicated herein and, in the driver, or passenger terms of use.
11. How Can I Control My Personal Data?
We provide you with the ability to access, rectify, port, and erase your
data. To learn more, call our helpline to be supported on any of the requests you may have.
12. How Can I Access My Personal Data?
If you want to know what personal data we have about you, you can ask us for details of that personal data and for a copy of it (where any such personal data is held). This is known as a “subject access request”.
All subject access requests should be made in writing and sent to the email or postal addresses shown in Part 14.
We will respond to your subject access request within the timelines provided under the law. Normally, we aim to provide a complete response, including a copy of your personal data within that time. In some cases, however, particularly if your request is more complex, more time may be required as communicated by our team from time to time from the date we receive your request. You will be kept fully informed of our progress.
13. How Do You Use Cookies?
Our Site may place and access certain first-party Cookies on your computer or device. First-party Cookies are those placed directly by us and are used only by us. We use Cookies to facilitate and improve your experience of our Site and to provide and improve our services. We have carefully chosen these Cookies and have taken steps to ensure that your privacy and personal data is protected and always respected. Please see our cookie policy here ____
14. How Do I Contact You? If you have any questions about this policy, you can contact us as described below.
Email: support@PinkBoda.com
Telephone: +254718000100
support@PinkBoda.com
15. Changes to this Privacy Policy
We may change this Privacy Policy from time to time and in some instances without notice to you. This may be necessary, for example, if the law changes, or we change our business in a way that affects personal data protection.
Any changes will be immediately posted on our Site and, or application and you will be deemed to have accepted the terms of the Privacy Policy on your first use of our Site and, or application following the alterations. We recommend that you check this page regularly to keep up to date.
By your use of our Site and, or application, you, by affirmative action, consent to these terms. Please do not use our Site and, or application or services if you do not consent to these terms.