Privacy Statement

1. INTRODUCTION

This privacy statement sets out how KOKO Networks Limited (“We”, “Our”, “Us”) handles the Personal Data we Process regardless of the media on which that Personal Data is stored as it relates to past or present agents, customers, suppliers, employees, visitors to any KOKO premises, shareholders, suppliers, workers and other third parties. 

This statement should be read together with the Terms and Conditions of use for other KOKO Products and Services which can be found at www.kokofuel.com . Where there is a conflict, this Statement will prevail. 

Data privacy is critically important to Us. When handling Personal Data, We apply the following fundamental principles:

a) We do not ask for personal information unless we need it for business purposes;

b) We do not share personal information with anyone except to comply with the law, develop our Products, provide Services, or protect our rights;

c) We do not store personal information on our servers unless required for the on-going operation of one of our Services.

You should read this Privacy Statement in its entirety and carefully.

DEFINITIONS

Reference to the singular includes the plural (and vice versa).

Applications or Apps: digital internet applications providing KOKO Products and Services and running on a consumer’s device, KOKO enterprise device or any other device or network approved by KOKO;

Consent: agreement which must be express, unequivocal, freely given, specific, informed and be an unambiguous indication of the Data Subject’s wishes by which they, by a statement or by a clear positive action, signify agreement to the Processing of Personal Data relating to them. 

Device: any electronic device suitable for running KOKO Services;

KOKO Group: KOKO Networks Limited (Mauritius), KOKO Networks Limited (Kenya), KOKO Networks Uganda Limited, KOKO Networks Private Limited (India), KOKO Networks Rwanda Limited, KOKO Networks (UK) Limited, Saarus Innovations Private Limited (India) and any other entities or subsidiaries that may be incorporated;

Personal Data: any information identifying a Data Subject or information relating to a Data Subject that We can identify (directly or indirectly) from that information alone or in combination with other identifiers We possess or can reasonably access. Personal Data includes Pseudonymised Personal Data but excludes anonymised data or data that has had the identity of an individual permanently removed. Personal Data can be factual (for example, a name, email address, location, or date of birth) or an opinion about that person’s actions or behaviour;

Personal Data Breach: any act or omission that compromises the security, confidentiality, integrity, or availability of Personal Data or the physical, technical, administrative, or organisational safeguards that We or Our third-party service providers put in place to protect it. The loss, or unauthorised access, disclosure, or acquisition, of Personal Data is a Personal Data Breach;

Processing or Process: any operation or sets of operations performed on Personal Data. It includes obtaining, recording, or holding the Personal Data, or organising, amending, retrieving, using, disclosing, erasing or destroying it. Processing also includes transmitting or transferring Personal Data to third parties;

Third Party: natural or legal person, public authority, agency, or other body, other than the data subject, data controller, data processor or persons who, under the direct authority of the data controller or data processor, are authorized to process personal data;

User: any person who visits the KOKO websites or interacts with any of its Services without signing up;

We, Our and Us: the KOKO Group and includes the successors, affiliates, and assignees of KOKO;

Websites: www.kokonetworks.com, www.kokofuel.com, www.kokofuel.co.ke, rwanda.kokonetworks.com and any other that may be created by Us;

You or Your: includes but is not limited to agents, customers, suppliers, employees, visitors to any KOKO premises, shareholders, suppliers, workers and other third parties;

2. COLLECTION OF INFORMATION

We may collect, use, and share Your Personal Data with Your knowledge and Consent in accordance with the terms in this Statement. Your Personal Data may be collected directly from You or from a person acting on Our behalf or from other sources when You do any of the following:

a) Ask Us for more information about a Product or Service or contact Us with a query or complaint;

b) Visit, access or use KOKO Applications, Websites, and any other KOKO media platforms;

c) We may also collect Your information from Our partners, third party service providers including credit-reference bureaus, mobile network providers, customer care service providers and business directories;

d) We also collect information when you visit any of Our premises;

e) We may collect Your information when you interact with Us as a shareholder, supplier, agent, merchant or dealer as prescribed in this Statement;

We may get Your Personal Data from publicly available information. This information may be generated or combined with other information available to Us or any member of KOKO;

When You respond to or participate in a survey, marketing, promotion, prize competition or special offer;

We do not onboard minors (any person under 18 years of age). If You allow a child to use our Services, You should be aware that their personal information could be collected as described in this Statement.

3. INFORMATION WE COLLECT

The information we collect may include but is not limited to:

a) names;

b) telephone numbers;

c) physical addresses; 

d) copies of identification documents;

e) passports information;

f) KRA PIN certificates;

g) medical bio data of our employees/consultants;

h) gender;

i) ethnicity;

j) sexuality;

k) race;

l) marital status;

m) family information;

n) financial information;

o) Your preferences for particular Products and Services.

4. WHY WE COLLECT THE ABOVE INFORMATION

We collect information for the following purposes, including but not limited to:

a) To create Your accounts;

b) To process Your transactions;

c) To verify Your identity;

d) To analyse consumer behaviour;

e) To allow Our partners to fulfil their obligations to Us;

f) To allow Us to fulfil Our obligations to Our partners;

g) To comply with applicable laws, regulations, and rules, such as those relating to “know-your-customer” and anti-money laundering requirements; 

h) To detect and prevent fraud and other illegal uses of Our services; 

i) To send You marketing notices, service updates and promotional offers; 

j) To improve Your experience on our platforms; 

k) To serve You with promotional offers, advertisements, and other transaction-related notifications that we feel may be of importance to You; and

l) To provide You with sponsored content from our advertising partners on an opt-in basis.  

5. HOW WE USE AND SHARE INFORMATION 

We shall use Your Information in accordance with the following: 

a) We may associate any category of information with any other category of information and will treat the combined information as Personal Data in accordance with this Statement for as long as it is combined.

b) Information collected by Us shall only be used for the purposes defined in this Statement and in the Terms and Conditions of Use of KOKO Products and Services. 

c) We do not disclose information about identifiable individuals to other parties, including advertising partners, unless it is necessary for providing our Services or You have Consented to such disclosure. 

d) We may share limited Personal Data with select partners for research and development.

e) We may provide other parties with anonymous individual information about Our Customers or users for the purposes of compiling statistics relating to Our user base or customer experience and may disclose such information to any third party for such purposes, provided that such information will always be anonymous and in accordance with the Terms and Conditions of Use.

f) Personal Data such as name, email address and mobile number will only be shared with Our advertising partners if and only if You agree to voluntarily share that information as part of any campaign. 

g) You agree that we may, as necessary and appropriate for the above purposes, transfer, request and disclose any of Your Personal Data to the following recipients globally who may also process, transfer, and disclose such Personal Data for the above purposes: 

Including but not limited to any member of KOKO and any subcontractors, agents, service providers, or associates of KOKO (including but not limited to Our employees, directors, and officers);

Any party in connection with any KOKO business transfer, disposal, merger, or acquisition, wherever located, including in jurisdictions which do not have data protection laws that provide the same level of protection as the jurisdiction in which the services are supplied;

Third-party service providers under contract with KOKO that help us with Our business operations, such as transaction processing, fraud prevention, and marketing. We share your personal information with these companies only as necessary to provide You with our services; and Law enforcement, government officials or other third parties, but only: 

In connection with a formal request, subpoena, court order, or similar legal procedure; or

When we believe in good faith that disclosure is necessary to comply with the law, prevent physical harm or financial loss, report suspected illegal activity, or to investigate violations of our user Agreements; or

Or any other legally permissible purpose.

6. WHERE WE STORE INFORMATION

a) The data that We collect from You may be transferred to and stored at a destination outside our countries of operation. It may also be processed by KOKO staff operating outside the respective jurisdictions who work for Us. Where We transfer your Personal Data outside the respective jurisdictions, We will make sure that Your information is properly protected in accordance with the applicable Data Protection laws.

b) 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 any data transmitted to Our Websites or servers.

Once We have received Your information, We will use strict procedures and security features to try to prevent unauthorised access.

7. RETENTION OF INFORMATION

a) We will only retain Your Personal Data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain Your Personal Data for a longer period in the event of a complaint or if We reasonably believe there is a prospect of litigation in respect to our relationship with You.

b) To determine the appropriate retention period for Personal Data, We consider the amount, nature and sensitivity of the Personal Data, the potential risk of harm from unauthorised use or disclosure of Your personal data, the purposes for which We process Your personal data and whether we can achieve those purposes through other means, the need to comply with our internal policy and the applicable legal, regulatory, tax, accounting or other requirements.

Anonymised information that can no longer be associated with You may be held indefinitely.

8. THE USE OF COOKIES

a) We may store some information by using “cookies” on Your computer when You visit Our Websites. This enables Us to recognise You during subsequent visits. The type of information gathered is non-personal, such as: the Internet Protocol (IP) address of Your computer, the date and time of Your visit, which pages you browsed and whether the pages have been delivered successfully.

b) We may also use this data in aggregate form to develop customised services – tailored to Your individual interests and needs. Should You choose to do so, it is possible (depending on the browser you are using), to be prompted before accepting any cookies, or to prevent Your browser from accepting any cookies at all. This will however cause certain features of the web site not to be accessible.

9. YOUR RIGHTS

Subject to legal and contractual exceptions, You have rights under data protection laws in relation to your Personal Data. These are listed below: 

a) Right to be informed that We are collecting Personal Data about You;

b) Right to access Personal Data that We hold about You and request for information about how We Process it;

c) Right to request that We correct Your Personal Data where it is inaccurate or incomplete;

d) 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;

e) 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;

f) 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;

g) Right to request transfer of Your Personal Data in an electronic format.

If You wish to exercise any of the rights set out above, please contact Us at dpo@kokonetworks.com.

We may need to request specific information from You to help us confirm Your identity and ensure Your right to access your Personal Data or to exercise any of Your other rights.This is a security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it. We may also contact You to ask You for further information in relation to Your request to speed up Our response.

We try to respond to all legitimate requests within reasonable time. Occasionally it could take Us longer if Your request is particularly complex or you have made a number of requests. In this case, We will notify You and keep You updated.

10. QUESTIONS AND CHANGES 

We reserve the right to update this Privacy Statement at any time, and We will provide you with a new Privacy Statement when we make any substantial updates. We may also notify you in other ways from time to time about the Processing of Your Personal Information.

If You have any questions regarding this Privacy Statement, please address them to dpo@kokonetworks.com.