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SUNSPOT ENERGY KENYA LIMITED T/A SPARK POSSIBILITIES PRIVACY POLICY
1. PURPOSE OF THIS PRIVACY POLICY
1.1 We respect your privacy and are committed to protecting your personal information. This privacy policy (“Policy”) applies to your use of Sunspot Energy Kenya Limited’s (trading as ‘Spark Possibilities’) products and services including its websites and mobile applications (referred to as the “Platform” depending on the context). This Policy sets out how we collect, store, guard, share and use any personal data that we may collect from you when you use or otherwise interact with our products and services, employees, sales representatives, installers of our products or use our Platform. The Policy and our treatment of your Personal Data complies with the Data Protection Act of Kenya 2019 (as otherwise amended or varied from time to time).
1.2 Please review this Policy carefully to understand our practices. For the avoidance of doubt, this Policy is incorporated by reference into the agreement or terms of use or governing your use of our products and services including our Platform (“Terms of Use”). This means that the Privacy Policy forms part of the Terms of Use. This Privacy Policy supplements other notices and privacy policies and is not intended to override them.
1.3 The Platform is not intended for children or persons under the age of 18 years) and we do not knowingly collect data relating to children.
2. DATA CONTROLLER2.1 Sunspot Energy Kenya Limited is the data controller and responsible for your personal data (referred to as “we”, “us” or “our” in this Policy). If you have any questions about this Policy please send an email through our website (www.sparkpossibilities.com).
3. CHANGES TO THE PRIVACY POLICY AND YOUR DUTY TO INFORM US OF CHANGES3.1 We keep our privacy policy under regular review. It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
4. THIRD-PARTY LINKS
4.1 Our Platform may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.
5. THE DATA WE COLLECT ABOUT YOU
5.1 Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
5.2 We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
5.2.1 Identity Data includes first name, maiden name, last name, username or similar identifier, national identity card number, marital status, title, date of birth and gender.
5.2.2 Contact Data includes postal address, residential address, email address and telephone numbers.
5.2.3 Professional information such as your occupation, qualifications and/or other information relating to your employment and your employer.
5.2.4 Financial Data includes monthly income, bank account, payment card details and mobile money account details.
5.2.5 Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
5.2.6 Verification information such as your government issued national identification or passport, tax registration certificate, business permits, company incorporation certificates, and/or location.
5.2.7 Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
5.2.8 Usage Data includes information about how you use our products, services and Platform.
5.2.9 Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
5.3 Please note that the above list is not an exhaustive list.
5.4 We may collect and use statistical or demographic information for any purpose. This data is anonymous and it is not personal information as this data will not directly or indirectly reveal your identity. However, if we combine or connect statistical/demographic information with your Personal Data, we treat the resulting information as Personal Data and it will be used in accordance with this Policy.
5.5 We do collect sensitive personal data about you. This includes details about your property details with respect to your location, your sex.
6. IF YOU FAIL TO PROVIDE PERSONAL DATA6.1 Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with or products or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
7. HOW IS YOUR PERSONAL DATA COLLECTED?
7.1 We use different methods to collect data from and about you including through:
7.1.1 Direct interactions. You may give us your [Identity, Contact and Financial Data] by filling in forms, interacting with our employees or other persons acting on our behalf or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
7.1.1.1 interact with our sales representatives or installers of our products;
7.1.1.2 apply for our products or services;
7.1.1.3 create an account on our website;
7.1.1.4 subscribe to our service or publications;7.1.1.5 request marketing to be sent to you;
7.1.1.6 enter a competition, promotion or survey; or
7.1.1.7 give us feedback or contact us.
7.1.2 Third parties or publicly available sources. We will receive personal data about you from various third parties and public sources as set out below:
7.1.2.1 Technical Information such as analytics;
7.1.2.2 Contact, Financial and Transaction Information from providers of credit rating, technical, payment and delivery services;
7.1.2.3 Identity and Contact Information from data brokers or aggregators;
7.1.2.4 Identity, Verification and Contact Information from publicly available sources.
8. ACCURACY OF DATA
8.1 It is important that the personal data we hold is accurate and current to enable us provide our products and services. As such, please keep us informed if your personal data or any other information changes in the course of your use of our products, services or the Platform.
8.2 You guarantee and declare that you are the owner of the information you submit to us or on the Platform or share with our employees, sales representatives, or installers of our products or that you have the rights necessary rights to do so. You also guarantee and declare that it is exact, true and verified, and the use of the information is not contrary to this Policy or applicable laws and will not damage a third party’s reputation. You accept full and complete liability for any information that is contrary to this Policy or any applicable laws.
9. HOW WE USE YOUR PERSONAL DATA
9.1 We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
9.1.1 Where we need to perform the contract we are about to enter into or have entered into with you. In particular, we will use your personal data:
9.1.1.1 to undertake credit verification before providing you with a product or service;
9.1.1.2 to provide you with our products and services; and
9.1.1.3 to contact you about our products, services, events and promotions (where you have agreed to us doing so);
9.1.2 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.
9.1.3 Where we need to comply with a legal obligation.
9.1.4 To perform a task in the consideration of the greater public interest; and/or
9.1.5 Where the Personal Data is required for statistical or research purposes.
9.2 Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.
10. CHANGE OF PURPOSE
10.1 We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
10.2 If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
10.3 Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
11. SECURITY
11.1 If you are a registered user of the Platform, you are entirely responsible for maintaining the confidentiality of your password and login name. Furthermore, you are entirely responsible for any and all activities that occur under your Spark Credit Account or any other account you have opened with us. You must immediately notify us of any unauthorized use of your login name or any other breach of security known to you.
11.2 The security and integrity of your personal data is important to us and we have in place appropriate security measures and take all due care to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. Unfortunately, we cannot guarantee its absolute security since there is no method of transmission over the internet or method of electronic storage that is fully secure. We disclaim all liability to you to the greatest extent possible under the law should such a breach of security occur.
11.3 We limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
12. SHARING YOUR PERSONAL DATA
12.1 Except as specified in this Policy, we will not disclose your personal data to third parties without your consent. Depending on the product or service you have procured from us, we may share your personal data with:12.1.1 internal third parties such as companies which are affiliated with us;
12.1.2 external third parties such as service providers including credit rating service providers, regulatory bodies, and other governmental bodies should we be required to do so; or
12.1.3 third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this Policy.
12.2 Depending on the product you are using or services you are accessing, we may share certain personal information with third parties to help us use your personal information. We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your Personal Data for specified purposes and in accordance with our instructions.
12.3 We will also disclose information, including personal data, to third parties:
12.3.1 when we are required to do so by a court order or by any regulatory authority;
12.3.2 where we are required to do so in order to comply with our legal and regulatory obligations in terms of any legislation or regulation applicable to us and our business (including fraud prevention and anti-money laundering);12.3.3 in order to exercise, protect and defend our rights and property (including our intellectual property); or
12.4 where such disclosure is in the public interest.
13. TRANSFER OF DATA
13.1 Your personal data may be transferred outside Kenya either for ease of delivery of products and services, storage or other necessary form of processing. When such transfer is necessary and for your benefit, we ensure an appropriate and similar degree of protection is afforded to it by requiring implementation of relevant safeguards by the recipient of the personal data as required by the law in Kenya.
13.2 Your sensitive personal data may also be transferred outside of Kenya for the same reasons as described above in this section. By accepting this Policy, you are providing us with your express consent to the transfer of your personal data as set out above. We will ensure an appropriate degree of protection is afforded to the transfer of sensitive personal data outside of Kenya by requiring implementation of relevant safeguards.
13.3 Please contact us if you would like further information on this.
14. RETENTION OF DATA
14.1 We will only retain your personal data for as long as reasonably necessary to fulfil the purposes for which it was collected, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. Your personal data may be retained for a longer period where there has been a complaint or there is a prospect of litigation with respect to your use of our products, services or the Platform.
14.2 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, and the applicable legal, regulatory, tax, accounting or other requirements.
15. MARKETING
15.1 We may use your Identity, Contact, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
15.2 We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. You will receive marketing communications from us if you have requested information from us or purchased goods or services from us and you have not opted out of receiving that marketing.
15.3 You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time.
15.4 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 purchase, product/service experience or other transactions.
16. YOUR LEGAL RIGHTS
16.1 Under certain circumstances, you have rights under data protection laws in relation to your personal data.
16.2 In accordance with the applicable laws of Kenya, you may have the right to:
16.2.1 be informed of the use to which your personal data is being put;
16.2.2 access your personal data;
16.2.3 object to the processing of your personal data;
16.2.4 request restriction of the processing of your personal data;
16.2.5 request for correction of false or misleading personal data;
16.2.6 request the transfer of your personal data;
16.2.7 request erasure of false or misleading personal data. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request; and
16.2.8 withdraw consent at any time where we are relying on consent to process your personal data.
16.3 You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.
16.4 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.
16.5 We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month 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.
17. CHANGES TO THE PRIVACY POLICY
17.1 We regularly review and update this Policy in order to reflect changes to our practices, for operational, legal or regulatory reasons, and for any other purpose. Where you are a registered user, we may elect, in our own discretion, to notify you of any revision through a notice on your Account.
Last updated: 31 March 2022
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