Privacy Policy

1- Introduction

This Notice describes how Cloudpay Ltd. (Cloudpay) collects, uses and processes personal information provided by all users who use and access any of the Cloudpay Services described in the Terms and Conditions. This Notice is incorporated into the Cloudpay’s Terms and Conditions which are set out at Terms and Conditions. All those subject to this Notice are referred to as “users” or ‘you’ for purposes of this Notice. ‘You’ means customer-any person who has individually or through their business uses or purchases any of our products or services; any natural person who has signed an agreement with us; any visitor to our app, site or office. Cloudpay is referred to as ‘our’ or ‘we’.

In this Notice we will explain the following:-

a. The personal data we collect and retain
b. Use of cookies
c. Use of third-party links
d. The rights of a data subject
e. How we use the data we collect
f. Sharing of personal data
g. Security
h. Changes to this policy

It is the individual user’s responsibility to read through the provisions of this Notice in order to gain a thorough understanding of Cloudpay’s views and practices relating to the user’s personal data and how it will be treated.

2- Our Role as a Data Controller

Under the applicable laws, we are a ‘Controller’ for those services where we make decisions on how personal information is used in connection with our services. Where with your consent we share your information with our partners, facilitate engagement with the partners and our partners to offer you their services, our partners will process the data we have shared and any other data they collect from you as the ‘Controller’ and the partner’s privacy policies will apply.

3- How Cloudpay collects information.

Cloudpay will collect information through;

a) Information provided by the individual user about the user themselves (Submitted Information);
b) Correspondence with Cloudpay, by e-mail or instant message or chat or other means of communication.
c) Information which is to include information provided by the individual user when they register to use the App Site, download or register the App, share data when subscribing to any of Cloudpay’s Services, share data through the App’s social media capabilities, enter a competition, promotion or survey, when the user may decide to report a problem with an App, Cloudpay’s Services, or any of Cloudpay’s websites.
d) When you visit any of our premises.
e) Information that is publicly available.
f) Information that is provided by third parties such as Credit Reference Bureaus, identity verification services, IPRS (Integrated Population Registration System), our partners such as mobile network providers, payment services providers, banks and any other entity from whom we may legally obtain information necessary for the services.

4- Description of data that we collect and retain

A. Personal information 

We may collect the following personal information upon registration for use of the service:–

i) Full name
ii) Address-physical address/ location
iii) Email address
iv) Mobile phone number
v) ID Number/Passport Number or Business Registration Number
vi) Information relating to finance and credit, information about your bank account number or other banking information.
vii) Personal description and photograph.
viii) Password and any other information required during the registration process.
ix) Transaction information when you use our services.
x) Your contact with us such as when you call us or interact with us through the app, over the phone, email, social media etc.
xi) Your preferences for particular products and services based on information you provide us and from your use of our services or those of our partners.
xii) Phone information We may also collect the following information from your phone:-
i) Phone contacts

We may also collect the following information from your phone:- 
i) Phone contacts 

B. Information collected relating to the individual and their device
When you visit one of Cloudpay’s websites or use one of Cloudpay’s Apps, the following information may be automatically collected:
a) information of a technical nature, to include the type and model of mobile device used by the user, unique device identifiers (such as the Device’s android version), mobile network information, – the browser which is being utilized by the user, the location of the Device
b) information which is stored on the individual user’s Device, which may include but not limited to call logs, message logs, social media engagement, contact lists from the Device and social media accounts, photos, videos or other digital content (Content Information);
c) information relating to the individual user’s use of any of Cloudpay’s Apps or any visits by the user to any of Cloudpay’s websites. This includes but is not limited to location data, traffic data, weblogs and other data (Log Information).

C. Location information 
We may use GPS technology or other location services to determine your location. You may revoke the consent to collection of location data at any time by logging out and uninstalling the App from your device.

D. Information from other sources (Third Party Information) 
Cloudpay has working relationships with a number of third parties, including IPRS (Integrated Population Registration Services), credit reference agencies and mobile network providers, payment services providers, banks, from whom we may on occasion receive information about you which information will include credit information, verification of your identity, account details and transaction details.

E. Unique application numbers 
Where you decide to install or uninstall an App which contains a unique application number or where an App searches for automatic updates, the version number in question along with information about the user’s installation, such as the kind of operating system, may be sent to Cloudpay.

5- Sensitive Data 

We may collect special or sensitive data about you such as gender/sex and financial information. Where we collect such information, we shall collect, process and store that data in accordance with the provisions of the Data Protection Laws as provided in this Policy.

6- Children’s Privacy 

Our services generally provide information on financial services and products and are intended for individuals over eighteen (18) years of age. We do not target children and do not knowingly collect information from children under the age of eighteen (18). When a user discloses personal information on our services, that user is representing to us that he or she is at least eighteen (18) years of age.

7- Tracking and Cookies 

Cookies are small pieces of data, stored in text files that are stored on your device when you useyour browser to visit websites. We use cookies to ‘remember’ you and your preferences. We may use website cookies in an effort to distinguish the individual user from other users of the App, App Site, or Service Site. This assists us in providing you with a positive experience when you use our website by enabling a personalized experience for you and also gives us the tools to continuously improve the website. You may modify your cookie preferences on the website when prompted to do so. If you delete, or choose not to accept cookies from the Services, you may not be able to utilize the features of the Services to their fullest potential.

8- Third- party links 

Occasionally, at our discretion, we may include or offer third-party products or services on our application or website. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

9- Retention of data 

We only retain personal data for as long as it is necessary to do so in line with the Data Protection Laws. This means that we retain data:
a. For as long as you continue to use our services
b. For any period required by law.
c. For purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements.
d. For the purposes of any legal proceedings. 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 arising out of our relationship with you.
e. For as long as is required for Cloudpay’s legitimate business interests.

We may hold anonymized information that is no longer associated with you indefinitely. To determine the appropriate retention period for data, we consider the nature and sensitivity ofthe personal data, the purposes for which we process the data, the potential risk or harm from authorized use or disclosure and whether we can achieve those purposes through other needs means and the need to comply with our Privacy Policies and applicable laws.

10- How do we use the personal data we collect? 

We use information we collect in the following ways;
a. To facilitate your access to Cloudpay services.
b. Responding to any of your queries or concerns.
c. Quality control and ensuring maintenance of optimal system operations.
d. To understand how you use our services, products and services for purposes of developing or improving products or services.
e. Contact and communicate with you in connection with our services that you have consumed, follow up on, programs or updates you may have registered for and to keep you generally informed about our services and products.
f. Personalize and make recommendations related to our services.
g. We may associate one or more categories of information with any other category of information and this combined information will be treated as personal data in accordance with the provisions set out in this policy, for as long as it is combined.
h. We will use the personal data of the individual user to compile statistics regarding the website user base. Cloudpay may decide to provide this information to any third party for this purpose, on the condition that the information will always be anonymous.
i. Carrying out credit checks and credit scoring.
j. Keeping you informed about new products, services, news or other information related to our services and send you offers, advertising and marketing materials including to provide personalized advertising to you unless you opt out of receiving such marketing messages (you may opt out of receiving such messages at any time).
k. To administer our online platforms or websites.
l. To comply with any legal, governmental or regulatory requirements or for use in connection with any legal proceedings.
m. For legitimate interests pursued by us where such interests are overridden by your interests or fundamental rights and freedoms which require protection of personal information.
n. Comply with your instructions or to fulfill other, specified purposes for which you have given your consent.
o. Identify and authenticate your access to our service or to identify and authenticate youbefore we provide you with certain information.
p. Exercise our rights and to protect others’ rights and/or property including to take action against those that seek to violate or abuse our services.
q. For research, statistical and other scientific or business purposes.

11- Rights of the user 

With regards to the personal data we collect about you, as a data subject you have the following rights;
a. To be informed of the use to which your personal data is to be put.
b. To access your personal data in our custody.
c. To object to the processing of all or part of your personal data.
d. To correct false or misleading data.
e. Data portability.
f. Withdraw consent.
g. To delete any false or misleading data.

12- Exercise of the Rights of the User

In order to exercise any of the rights of the User, Cloudpay has in place procedures to enable you to do the following;
a. Access your personal data that is held by Cloudpay.
b. Object processing of personal data by Cloudpay.
c. Correct or delete false or misleading data held by Cloudpay.
d. Restrict processing of personal data.
e. Withdraw your consent with regard to processing of your data.
f. Make requests related to data portability.
g. Share complaints.
h. Obtain information on automatic individual decision making.

To exercise these rights and obtain more information on the procedure please contact the data protection officer/officer in charge through the following address: privacy@cloudpay.finance.
We will respond to all legitimate requests within a reasonable time and where we are not able to do so due to the request being complex or comprising multiple requests, we will notify you of the extended response time and keep you updated.
You may update and correct your data from the App or website from your device.

13- Processing of personal data 

We will only process the personal data we collect based on lawful basis allowed under Data Protection Laws being;
a. Your consent.
b. Performance of a Contract or Agreement with you.
c. To support our legitimate business interests.
d. In compliance with a mandatory legal obligation.
e. Your vital interest.
f. Public interest.

14- Disclosure of personal data 

We will not share personal information with any other individual, company or organization except in the following cases:-
a. Where we have gotten your consent.
b. For legal reasons where there is a court order or a legal obligation which we have to comply with.
c. Where it is necessary to do so in order to enforce the Terms and Conditions and other agreements, or where it is necessary in order to investigate potential breaches.
d. In order to report defaulters to a credit bureau.
e. To Fraud prevention, anti-money laundering and bribery agencies.
f. Debt collection agencies.
g. In order to publish statistics regarding the App’s usage, where information relating to users will be aggregated and made anonymous.
h. To any member of our business group, which includes subsidiaries, the group’s ultimate holding company and its subsidiaries, developers, partners who are involved in the delivery of Cloudpay services that you use.
i. Where a third party acquires Cloudpay or all of its assets, where personal data which is held on its customers will be listed as one of the assets to be transferred.
j. Cloudpay may disclose anonymous aggregate information concerning the users.
k. In the event of a merger, sale or change of control, we may transfer this Privacy Notice and your personal information to a third party entity that acquires or is merged with us as result of a merger, acquisition, sale or other change of control.
l. Any other person we deem legitimately necessary to share the information with.
m. Some of your information may be passed on to a third party through your use of services such as mobile money transfer, till to bank transfer and any third party involved in the operation of funds transfers.

Where we share personal data in the cases listed above we take all necessary steps to ensure that:-
a. The data is processed lawfully.
b. We only disclose what is necessary.
c. The data is kept secure and all safeguards are put in place to ensure its protection.

15- Direct Marketing 

You may be required to opt in or give any other form of explicit consent before receiving marketing messages from us. Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product, service already taken up.

You can request us to stop sending you direct marketing messages at any time by contacting us through the SMS number, email address and telephone number provided in the marketing message or by contacting us directly through (+254)709 123456

We will not share your information with any Third Parties for marketing purposes except with your express consent.

16- Automatic individual decision making

We recognize the right of every data subject not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning or significantly affects the data subject.

Therefore we only engage in automated processing where:-
a. It’s necessary for entering into or performing a contract between you, the data subject,and the Company.
b. It is authorized by law which we are subject to and lays down suitable measures to safeguard your rights, freedoms and legitimate interests.
c. Where we have gotten your consent.

When we engage in automated processing that affects you we will notify you in writing. You then have 7 days from the day of notification to request that we consider the decision or take adecision that is not based solely on the automatic processing.

Once we receive that request we will consider it and notify you in writing of the steps we have taken to comply with the request and the outcome of complying with the request.

17- Security 

We have put in place technical and operational measures to protect your information from unauthorized access, accidental loss or destruction.

We restrict access to personal information to our employees, contractors, and agents who need that information to process it and facilitate service delivery. Anyone with this access is subject to strict contractual confidentiality obligations.

However, we cannot ensure or warrant the security of any information provided to us by a data subject. We do not accept liability for unintentional disclosure.

In the event of a security breach that involves a data subject’s personally identifiable information we will communicate to the data subject in writing within a reasonably practicableperiod and take all other action that is necessary to mitigate the breach.

This communication may be limited where it is necessary and appropriate for purposes of prevention, detection or investigation of an offence.

Our security procedures also mean that we may request proof of identity before we disclose personal information to you or before we process your other requests.

18- Where we store your data 

Data which is collected by Cloudpay from the individual user may be moved to and stored at a location outside Kenya. Staff that operate outside Kenya who are employed by Cloudpay, any member of our business group, or one of our suppliers may be charged with processing the data. Such staff members may be tasked with dealing with requests made by the individual user.

Whenever we transfer personal information to other jurisdictions, we will ensure that the information is transferred in accordance with this Privacy Notice, our privacy practices and as permitted by applicable data protection laws.

You acknowledge that by submitting your personal data, you accept its transfer, storage or processing.

Cloudpay will ensure, as reasonably as possible, that your personal data is treated securely andin accordance with the provisions set out in this Privacy Policy.

We note that the passing of information over the internet is not entirely secure. While we will endeavor to ensure that the individual user’s personal data is protected, the security of the user’s data transmitted to our websites cannot be guaranteed. Any transmission is at the user’s risk. When the individual user’s information has been received, we will use strict security features and procedures in an effort to ensure that unauthorized access does not occur.

19- Complaints handling 

All complaints from data subjects regarding the way data is handled will be forwarded to: privacy@cloudpay.finance.

A complaint can be made either orally or in writing but where an oral complaint is made the designated officer will as soon as practicable reduce the oral complaint into writing.

We will investigate every complaint that we receive and get back to you within 30 of receivingthe complaint.

If you are not satisfied with the findings you have the right to appeal or to lodge a complaint to the Data Commissioner established under the Data Protection Act of Kenya, 2019.

20- Changes to this 

We reserve the right to update or change our Privacy Notice at any time and you should check this Privacy Notice periodically. Your continued use of the Service after we post any modifications to the Privacy Notice on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Notice.

If we make any material changes to this Privacy Notice we will notify you either through the email address you have provided us, or by placing a prominent notice on our website, on the app and/or at our office.

21- Contact us 

Any correspondence including comments, questions and requests relating to the Privacy Notice are happily received and can be addressed to: privacy@cloudpay.finance.