This Privacy Policy for the services offered by Escrow Solutions Kenya Limited (hereinafter, “Escrow Kenya”) is committed to protecting the privacy of its users.  This Privacy & Cookie Policy (the “Policy”) is designed to help you understand what information we gather, how we use it, what we do to protect it, and to assist you in making informed decisions when using our services.

For purposes of this Policy, “Service(s)” shall refer to the Escrow Kenya’s escrow services for individuals who sell and purchase products and services online, which can be accessed via our website located at www.escrowkenya.com and our mobile application known as Escrow Kenya, along with other web properties used by us from time to time.

The terms ‘us’, ‘its’, ‘ours’ and/or ‘we’, as used herein, shall refer to us, Escrow Kenya and/or our affiliates, assignees, successors and/or brands.  As used herein, the terms ‘you’, ‘your’, and/or ‘yourself’ refer to you, a user/visitor/browser of our websites, whether registered under an account or not.

As used herein and elsewhere, the words “collect”, “use”, “process”, “treat”, “disclose” and analogous shall be related to personally identifiable information (the “PI”) and other data that we may collect from our users and/or visitors, including cookies inside a computer and mobile device IDs.

This Policy shall be supplemented by our Terms and Conditions of Use (the “Terms”), and any other guidelines, terms and policies made available by us from time to time, incorporated herein by reference.

Consent & Scope of this Policy.

By accessing our services (on our websites, mobile applications or across partnered and unaffiliated sites), you accept our Policy and our Terms, and you consent to our collection, storage, use and disclosure of your personal information (“PI”) through our Services, as described in this Privacy Policy.  We will also ask for your additional, specific consent to certain functionalities of the Service (i.e. newsletter subscriptions) via clickable boxes with legends similar or analogous to “I Accept”.

Here at Escrow Kenya, we work hard to earn and keep your trust; and therefore, we adhere to the following principles in order to protect your privacy: (i) we will not sell or lease your PI to third parties; (ii) we will not disclose your PI with other users or third parties without your consent; (iii) any PI that you provide to Escrow Kenya will be secured with industry standard safety protocols and technology.

Personal Information Gathering.

We may collect both “Non-Personal Information” and “Personal Information” about you. “Non-Personal Information” includes information that cannot be used to personally identify you, such as anonymous usage data, general demographic information we may collect, referring/exit pages and URLs, platform types, preferences you submit and preferences that are generated based on the data you submit and number of clicks. “Personal Information” includes information that can be used to personally identify you, such as your name, address and email address.

When you register for any of Escrow Kenya’s Services, we may ask for information that includes, but will not be limited to: name, surname, nationality, gender, age, home/business address, email address, mobile number, personal picture, national identification and other sensitive PI.

For purposes of this Policy, “sensitive personal data” shall mean, including but without limitation, your racial or ethnic origin, trade-union membership and/or financial data like credit card or bank information.  You can rest assured that we undertake all necessary industry standard safety measures to safeguard your financial, credit card and bank statement information.

In addition, we may also track information provided to us by your browser and mobile device IDs when you view or use the Service, such as the website you came from (known as the “referring URL”), the type of browser you use, the device from which you connected to the Service, the time and date of access, and other information that does not personally identify you.

We may also collect non-personally identifiable information with third parties, such as aggregate user statistics, analytics, demographic information, and web site usage information.  As our user, you will generally be able to control and select the amount and type of PI you may disclose to us.

Personal Information Processing and Usage.

Overall, we use your PI to provide and improve our Services.  By storing your PI on our secure servers, we are able to shorten your login process and allow you to modify your personal profile online.  We will generally collect, use and disclose your PI to:

· Provide, operate, maintain, improve, and promote our platform and our products and services.

· Verify your e-mail address; send password retrieval links and other account notices.

· Improve your user experience and provide you with personalized support

· Develop, research, process, safeguard and improve our services.

· Answer to comments, questions, and requests you submit to us.

· Offer promotions, newsletters, sweepstakes entries and rewards, send service related announcements and contact you about inquiries for our products and services.

· Investigate and prevent fraudulent transactions, unauthorized access to our services, and other suspicious activities.

· Monitor and analyze trends, usage, and activities in connection with our products and services and for marketing or advertising purposes.

If you do not wish to disclose any or part of your PI to us, you may still be able to use some of the functionalities of our Services, though we will not be able to guarantee that you will be able to enjoy them at their fullest if you elect not to disclose it to us.  Overall, your final remedies will be to close this web tab, delete your account with us and/or exit our Service.

Information Collected from Payment Processors.

We use third-party payment partners in order to bill and process any payments and subscriptions made via our Services.  These platforms will request you to disclose them sensitive information in order to complete purchases and operations related to our Services.  Such third-party payment processing platforms are governed by their own safety standards, policies and terms of use.

We take great care in selecting our third-party payment processing platforms, and stride to be aware of their operations and functionalities.  We strongly advise our users to engage in online safety measures and practices in order to protect their financial information.

Information Collected from Mobile Devices.

When you access our Service via a mobile device, we may use your mobile device ID (i.e. the unique identifier assigned to a mobile device by the manufacturer) and/or Advertising ID (for Apple iOS 6 and later) instead of cookies in order to recognize you, track the relevant ads displayed, and their performance and display.

Lawful Disclosure of Personally Identifiable Information.

Escrow Kenya may disclose personally identifiable information under special circumstances, such as to comply with subpoenas or when your actions violate the Terms of any of our applications.  Accordingly, we must reserve our right to disclose your PI when we or our affiliates, clients, contractors, licensors, officers, agents and/or representatives reasonably believe it necessary to protect our interests, or where you result to be in breach of our Terms and/or this Policy.

Henceforth, we will have the right to disclose any and all collected PI and/or data, under the following circumstances:

· If required under applicable law, rules or regulations.

· In response to a valid request or subpoena from a government or law enforcement agency.

· To defend ourselves and our affiliates, licensors, officers, agents and representatives from legal claims and processes brought to us by third parties (including takedown notices).

· To defend the property, rights and integrity of any of our users, advertisers or licensors.

· To stop or cause to cease any actions that we may consider to cause –whether allegedly or factually– a contingency or liability.

You Rights as Data Subject.

The General Data Protection Regulation (GDPR) allows individuals in the EU greater control over their personal data and grants them a number of rights with regard to how that data is processed, stored, and accessed.

For the purposes of the GDPR, in the European Union Escrow Kenya is both a “data controller” and a “data processor” of PI you provide to us for the primary purposes of providing you with our Services.

The section below covers the certain situations that you, as data subject, and we as a data controller, are most likely to see, but you should also carefully review the full list of data subject rights here: https://gdpr-info.eu/chapter-3/.  You retain the right to access, amend, correct or delete your PI where it is inaccurate at any time.  To do so, please contact support@escrowkenya.com.

· The right to be forgotten:  You can request us to be “forgotten”; that is, to have your PI removed from our Service.  If we are asked to do this, we will remove any PI you we collected from you as requester.  We will also need to contact any third parties, such as our cloud service providers, that process your PI on our behalf.  To ensure that any personal data in Escrow Kenya’s possession can be removed in a timely manner, you can relay any request to be “forgotten” to us by submitting a request-

· Data portability:  Under the GDPR, our users located in the EU may request Escrow Kenya to send them any PI in our possession.  In this case, we will provide you with any PI that you have in a commonly used, machine-readable format.

· Access:  As a data subject, you can ask Escrow Kenya to confirm how and where your PI is being stored and processed.  You also have the right to know how such that data is shared with third parties by us.

· Rectification:  As data subject, you have the right to obtain from Escrow Kenya, without undue delay, the rectification of inaccurate PI concerning you.

Your privacy request must include, at the least, the following information: (i) your complete name, address and/or e-mail address in order for us to notify you the response to your request; (ii) attached documents establishing your identity; and (iii) a clear and concise description of the PI with regard to which you seek to enforce any of your privacy rights.  If you request rectification, please indicate amendments to be made and attach documentation to back up your request.

Upon receipt of your privacy request, and after due review, we may then edit, deactivate and/or delete your PI from our Services within thirty (30) days.  In case of secure databases under our control where deletion is impossible, we will make such information permanently inaccessible.

Email Communications & Opting Out.

We collect the e-mail addresses of those who communicate with us via e-mail, aggregate information on what pages users’ access or visit, and information volunteered by the consumer (such as survey information and/or website registrations).

We will send you Service-related announcements on occasions when it is necessary to do so.  For instance, if our Service is temporarily suspended for maintenance, or a new enhancement is released, which will affect the way you use our Service, we might send you an email.

Generally, you may not opt-out of these communications, which are not promotional in nature.  Based upon the PI that you provide us, we may communicate with you in response to your inquiries to provide the services you request and to manage your account.  We will communicate with you by email or telephone, in accordance with your wishes.  We may also use your Personal Information to send you updates and other promotional communications.

If you no longer wish to receive those email updates, you may opt-out of receiving them by following the instructions included in each update or communication.

Cookies & Web Beacons.

A cookie is a small amount of data, which often includes an anonymous unique identifier that is sent to your browser from a web website’s computers and stored on your computer’s hard drive.  Cookies are required to use the Services.  We use cookies to record current session information, but do not require permanent cookies.

We also use the so-called ‘beacons’, which are small files, sometimes only a pixel in size, embedded onto the pages of our websites.  Beacons are used to identify each of our pages in order to be analyzed by our system tools.

We may also collect and use the data contained in log files, which may include your IP (internet protocol) address, your ISP (internet service provider), the browser you used to visit our platform, the time you visited our platform and which sections you visited.

You can always configure your browser to refuse cookies and beacons.  For more information, please visit www.allaboutcookies.com. Unlike cookies, device IDs cannot be deleted, but you can select to reset your Advertising IDs in the “Settings” section of your mobile device, among other settings.

We do not currently offer “do-not-track” or similar mechanisms.

Advertising, Opt-out Choice.

From time to time, we may use Google Analytics, Ad Words, Double Click and/or Ad Sense tracking codes, and other third-party software tools (such as remarketing codes) in order to collect information and marketing analytics about the manner in which you browse our platform and services.

The served ads will be targeted based on your previous browsing history and may include retargeting codes.  For example, third-party vendors may show you Escrow Kenya’s ads on certain websites across the Internet, even after you leave our platform.  The collected information is anonymized, meaning it cannot be tracked back to individuals.  Using such tools, we learn how to optimize, and serve ads based on a user’s past visits, providing you with a better user experience.

Our third-party vendors may also use cookies and beacons to track your Internet browsing in order to serve you ads based on what they or us believe to be of interest according to your browsing activities and consumer preferences.  Henceforth, by using our Service, along with our platform and websites, you hereby consent to such disclosure, treatment and storage of PI.  In order to enforce and uphold your right to privacy, you will always have the option to elect not to receive this type of advertising from us or third parties, now or in the future.

You can learn more about how to opt-out by browsing Google’s opting-out and privacy pages located at www.google.com, or the Network Advertising Initiative website located at www.networkadvertising.org.

Changes to this Privacy Policy.

Escrow Kenya may periodically update this Policy.  We will notify you about significant changes in the way we treat PI by sending a notice to the primary email address specified in your Escrow Kenya Service primary account holder account or by placing a prominent notice on our websites.  Your continued use thereof after the last effective date of modifications thereof indicates your acceptance of such modifications.

Service Eligibility & Age of Consent.

Through the simple use of our platform and our products and services, you hereby represent and warrant that you are at least eighteen (18) years of age --or older-- as of the date of first access thereof.  If you are still a minor (which may depend on the jurisdiction where you reside), you may only access our Services under the direct supervision of your parent or legal guardian.

Escrow Kenya does not knowingly collect any kind of information from persons under the age of thirteen (13).  If we learn or have reason to suspect that any user is under the age of thirteen (13), we will delete any PI under that user’s account.

International Transfer Notice.

We have our headquarters in Kenya.  Henceforth, your PI may be accessed by us or our affiliates, agents, partners, advertisers or third-party service providers located in Kenya and other locations which may or may not be located in your country of residence, and you hereby consent to such access and transfer by simple disclosure.  All Escrow Kenya related entities are subject to the privacy practices set out in this Policy and any applicable jurisdictional legislation.

Governing Language.

From time to time, this Policy may be translated into other languages for your convenience.  The English language version of each of these documents shall be the version that prevails and governs your use of Site and our products and services.  Upon the case of any conflict between the English language version and any translated version, the English language version will prevail.

How to Contact Us.

If you have any questions regarding this Policy or the practices of our websites or wish to withdraw your consent for the continued collection, use or disclosure of your PI, please contact us at support@escrowkenya.com or by phone to +254 703 300 000.

 

Date of last effective update is April, 11 2019.