Mangochip – Privacy Policy

  1. INTRODUCTION
    1. Mangochip Limited (the “Company”, “we”, “us”, “our”) owns the rights to the website of the Hylo application whose domain is www.mangochip.com (“Website”) and to its related mobile application (“App”) (together the “Platform”).
    2. When you use the Platform, you trust us with your Personal Data. We are committed to protecting and preserving your Personal Data and respecting your privacy.
    3. This Privacy Policy applies to the use of the Platform and any and all services provided through the Platform.
    4. This Privacy Policy sets out the basis and governs how the Company and its Affiliates may collect, hold, use, store, process, share with third parties, publish and export your Personal Data.
  2. IMPORTANT NOTICE
    1. The Company is the Data Controller and is responsible for your Personal Data.
    2. Please read the terms of this Privacy Policy carefully to understand our views and practices regarding your Personal Data and how we will treat it.
    3. By proceeding to use the Platform and/or submitting Personal Data to us, you are expressly accepting and consenting to the practices described in this Privacy Policy and you give your express consent to the Company, its directors, officers, employees, servants, Affiliates, agents and/or contractors and other third parties to process (which will include collecting, holding, using, storing, sharing, publishing and exporting) your Personal Data for the purposes stated in this Privacy Policy.
  3. DEFINITIONS AND INTERPRETATION
    1. This Privacy Policy may contain a number of terms and phrases which have a specific meaning in this document. In this Privacy Policy, headings are for convenience and shall not be used in its interpretation.
    2. Unless we indicate to the contrary in this Privacy Policy, any references to any gender includes the other genders, a natural person includes an artificial person and vice versa, the singular includes the plural and vice versa.
    3. The following definitions and rules of interpretation shall apply in this Privacy Policy:
      1. “Account” means your user account on the Platform;
      2. ”Act” means the Data Protection Act, No. 24 of 2019, Laws of Kenya;
      3. “Affiliate” means, in relation to a body corporate, its holding company or its Subsidiary or any other Subsidiary of such holding company or any other body corporate which is Controlled by the same person(s) who Controls the body corporate; and in relation to an individual means a body corporate which the individual Controls or a parent, spouse, child or family trust of the individual;
      4. “Applicable Law” means, from time to time, any law (including statutory, common or customary law), statute, constitution, decree, judgement, treaty, regulation, directive, by-law, order, other legislative measure, or any directive, requirement, request or guideline (whether or not having the force of law but, if not having the force of law, is generally complied with by the persons to whom it is addressed or applied) of any government, supranational, local government, statutory, regulatory, self-regulatory or similar body, authority or court, as amended, replaced, re-enacted, restated or reinterpreted;
      5. “Control” means, in relation to a body corporate, the power of a person to secure that the affairs of the body corporate are conducted in accordance with the wishes of that person:
        1. by means of the holding of shares, or the possession of voting power, in or in relation to that or any other body corporate; or
        2. by virtue of any powers conferred by the articles of association, or any other document, regulating that or any other body corporate;
      6. “Cookie Policy” means the Company’s cookie policy available at link;
      7. “Data Controller” has the meaning given to it under the Act;
      8. “Parties” means all parties to this Privacy Policy and “Party” shall mean any one of them as the context may require;
      9. “Personal Data” means any information provided by you to the Company (a) relating to an identified or identifiable natural person; (b) that can reasonably be used to identify or authenticate an individual, including name, contact information, precise location information, persistent identifiers; and (c) that may otherwise be considered “personal data” under applicable Kenyan law;
      10. “Personal Data Breach” has the meaning given to it under the Act; and
      11. “Privacy Policy” means this privacy policy.
  4. HOW IS YOUR PERSONAL DATA COLLECTED
    1. We will collect and process the following Personal Data about you:
      1. information that you give us – this is information (including identity, contact, financial and marketing data) you consent to giving us about you by filling in forms on the Platform or by corresponding with us (e.g. by email or chat). It includes information that you provide when you download and register to use the Platform, subscribe to any of our services on the Platform, search for a service on the Platform, make a purchase on the Platform, share data via the Platform’s social media functions, report a problem or carry out other activities in connection with the Platform. If you contact us, we will keep a record of that correspondence;
      2. information we collect about you and your device – each time you visit our Platform we will automatically collect Personal Data including device, content and usage data. We will collect this data using cookies and other similar technologies. Please see our Cookie Policy for further details;
      3. location information – we also use GPS technology to determine your current 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 Personal Data being used for this purpose. You can withdraw your consent at any time by disabling location services in your settings [or insert other way in which consent may be withdrawn]; and
      4. information that we receive from other sources including third parties and publicly available sources.
  5. COOKIES
    1. We use cookies to distinguish you from other users of the Platform and to remember your preferences. This helps us to provide you with a good experience when you use the Platform and also allows us to improve the Platform. For detailed information on the cookies that we use, the purposes for which we use them and how you can exercise your choices regarding our use of cookies, see our Cookie Policy.
  6. HOW WE USE YOUR PERSONAL DATA
    1. We will only use your Personal Data when the law allows us to do so. Most commonly we will use your Personal Data in the following circumstances:
      1. where you have consented before the processing;
      2. where we need to perform a contract that we are about to enter or have entered with you;
      3. where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests; and
      4. where we need to comply with a legal or regulatory obligation.
    2. We will only send you direct marketing communications by email or text if we have your consent. You have the right to withdraw that consent at any time by contacting us on [insert contact information].
    3. We will use your Personal Data for the following purposes:
      1. to install and register you on the Platform;
      2. to update and manage your Account;
      3. to process purchases made through the Platform and deliver goods and services including managing payments and collecting money owed to us;
      4. to manage our relationship with you including notifying you of changes made to the Platform;
      5. to enable you to participate in a promotion, competition or complete a survey;
      6. to administer and protect our business and Platform including troubleshooting, data analysis and system testing;
      7. to ensure security and an appropriate environment for the safe supply of services on the Platform;
      8. to provide reliable and convenient transportation and delivery services including tracking and sharing progress of deliveries;
      9. to personalise your Account based on previous orders;
      10. to enable communication between users of the Platform and between the Company and users of the Platform;
      11. to monitor, prevent and detect fraud;
      12. to deliver content and advertisements to you including making recommendations about goods or services which may interest you;
      13. to measure and analyse the effectiveness of the advertising we service you; and
      14. to monitor trends to enable us to improve the Platform.
    4. Further to the above, we may permit selected third party service providers to use your Personal Data, to provide you with information about goods and services which may be of interest to you and they may contact you about these by email. We will only do this if you have consented to it. We require such third party service providers to keep your Personal Data secure. In addition, such third party service providers may not use or disclose Personal for any purpose other than providing services on our behalf.
    5. We may disclose your Personal Data when such disclosure is necessary to protect the legitimate interests (including safety, property, or other rights) of the Company, our customers, our associates, or any other person, or where otherwise required or permitted by Applicable Law.
  7. THIRD PARTY LINKS
    1. Our Platform may, from time to time, contain links to and from the websites or resources of our partner networks, advertisers Affiliates and third parties. If you follow a link to any of these websites, please note that these websites will have their own privacy policies with which you would need to familiarise yourself. 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. Please check these policies before you submit any Personal Data to them. Links to these websites are provided to you for your information purposes only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
  8. PERSONAL DATA SECURITY
    1. All information provided to us is stored on our secure limited access servers. The integrity, privacy and security of the servers and the personal information stored therein is protected and maintained by the Company.
    2. Where we have provided you with (or where you have chosen) a password that enables you to access the Platform you are responsible for keeping this password confidential. We ask you strictly not to share a password or any log in details with anyone.
    3. We will take all appropriate, reasonable, technical and organisational measures to safeguard your Personal Data in order to prevent loss of, damage to or unauthorised destruction of your Personal Data or unlawful access to or processing of your Personal Data.
    4. We have put in place procedures to deal with suspected Personal Data Breach and will notify you and any applicable regulator when we are legally required to do so.
  9. STORAGE AND TRANSFER OF PERSONAL DATA
    1. There is a possibility that the Personal Data that we collect from you may have to be transferred to, and stored at, a destination outside of Kenya. It may also be processed by staff operating outside of Kenya who work for us or for one of our third party service providers. Such staff may be engaged in, amongst others, fulfilment of any orders, processing of payments details and the provision of support services to the Company.
    2. Insofar as your information may be transferred outside of Kenya, the Company shall take reasonable measures to ensure that your Personal Data is processed by such third party service providers for the purposes for which it has been provided to us and that the required levels of protection have been implemented by such third party service providers to safeguard your Personal Data.
    3. By using the Platform and submitting your Personal Data to us, you consent to your Personal Data being transferred outside of Kenya.
  10. POLICY CHANGES
    1. We keep our Privacy Policy under regular review, this version was last updated on [insert date]. We may change our Privacy Policy from time to time. Such changes will take effect as and when published on our Platform with or without notice to you. Please ensure that you check our Privacy Policy periodically for changes.
    2. It is important that Personal Data we hold about you is accurate and current. Please keep us informed if your Personal Data changes during your usage of the Platform.
    3. We may ask you to provide additional consent if we need to use your Personal Data for purposes not covered in this Privacy Policy or for which we may not have your consent.
  11. YOUR RIGHTS
    1. You may contact us on [insert contact information] at any time to request any of the following;
      1. request access to your Personal Data that we hold about you;
      2. request correction of your Personal Data that we hold about you;
      3. withdraw your consent to us processing all or part of your Personal Data; and
      4. request deletion of all or part of your Personal Data.
    2. If you have previously agreed to us using your Personal Data for direct marketing purposes, you may opt out of such direct marketing at any time by contacting us on [insert contact information].
  12. CONTACT US
    1. If you have any questions relating to this Privacy Policy, please contact us on [insert contact address].