ARC KENYA RIDE LTD POLICY ON PROTECTION OF PRIVACY OF PERSONAL DATA

1. Preface

Arc Ride Kenya Limited, a Company formed under the laws of Kenya and located at Industrial area, within the Nairobi City County, has adopted this policy on the privacy of Personal Data (the “Policy”). The Policy has been adopted in order to assist in establishing and maintaining an adequate level of Personal Data privacy in the collecting, processing, disclosing and cross-border transfer of Personal Data including that relating to current, past and prospective ARC Ride Personnel, clients, suppliers, contractors and business associates of ARC Ride.

This Privacy Policy further defines how we collect, store, use, share and disclose your personal data and information when you use or access our Website, Mobile Software Applications, Vehicles, Smart Batteries, Battery Chargers, or Battery Swapping Cabinets (the/our “Products”).  

2. Definitions  

1. “Individual” means any identified or identifiable natural person; an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to the person.
2. “Personal Information” and “Personal Data” both mean any information that relates to an identifiable living Individual (not companies or other legal persons).
3. “processing” of Personal Data shall mean any operation or set of operations that is performed upon Personal Data or on sets of Personal Data, whether or not by automatic means, such as collection, recording, organization, structuring, storage, adaptation, alteration, retrieval, consultation, use, transfer, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, restriction, erasure or destruction.

ARC Ride Kenya LTD reserves the right to make changes to this Privacy Policy at any time and for any reason hence encourage you to periodically review this policy to stay informed on updates. We will alert you on any changes by amending the last updated date on this Privacy Policy. You will be deemed to have been aware of and accepted the changes to this privacy policy if you continue to use or access our Products after the date the modified privacy policy is posted.

3. Data Controller 

ARC Ride Kenya Limited is the Data Controller and determines the purpose and mode through which your personal data and information is processed when you use or access the Platforms. We may share or transfer your personal data to our subsidiaries, affiliates, or partners to help us provide the Products or to conduct data processing on our behalf. Our partners may be located outside of Kenya.

4. ARC RIDE’S Kenya LTD Principles for Handling Personal Data as A Controller

 In handling Personal Data as a controller, ARC Ride will abide by the following key principles:

a) Transparency: ARC Ride will provide individuals with information about how we process their Personal Information to the extent necessary to ensure that processing is fair.

b) Purpose limitation: ARC Ride will only process Personal Information for the purposes (i) set out in any notice made available to the relevant individuals which are relevant to ARC Ride; (ii) as required by law or (iii) where consented to by the relevant individuals.

c) Data quality and proportionality: Personal Data should be kept accurate and where necessary, up to date. The Personal Information ARC Ride holds must be adequate, relevant and not excessive for the purposes for which they are being held and should only be retained for as long as necessary for the purposes of the relevant processing.

d) Security and confidentiality: Reasonable precautions must be taken to secure Personal Data against accidental or unlawful destruction or loss, alteration, unauthorized disclosure or access. These precautions should include technical, physical and organizational security measures, such as measures to prevent unauthorized access, that are commensurate with the sensitivity of the information and the level of risk associated with the processing of the Personal Data. From time to time, the applicable measures may be documented more fully in IT and risk management policies adopted by ARC Ride

e) Information transfer and compliance: Personal Data may be transferred outside the country in which it was collected, for legitimate business activities in accordance with applicable law.  Nevertheless, Personal Data must not be transferred to another country unless the transferor has assurance that an adequate level of protection is in place in relation to that Personal Data as required under applicable law.

5. What Personal Data do we Collect?

Personal data means any data that, either on its own or jointly with other data, that can be used to identify a natural person. You agree that when you use or access the Platforms, we may collect user data directly provided by you, user data generated when you use or access our Platforms, and user data from third party sources.

• User data directly provided by you includes:

• Profile Data: In order to use or access our Products, you shall be required to register an account and provide Know Your Customer (KYC) details to complete your profile. This may entail personal identifiable information such as your name, gender, national ID number, passport photo, telephone number, email address and residential address.
• Communication Data: we collect information when you send us an email, sign up to receive updates, submit a request for information or otherwise exchange correspondence with us via chat, text, or call.

• User data generated when you use or access our Platforms includes:

• Log Data: this is data automatically collected by our servers when you use or access the Platforms such as log time, access date, IP address and duration spent on the Platforms.
• Usage Data: we collect information about how you use the Platforms, such as the features you use, actions taken and the date/time the action was performed, diagnostic data, and any other user interaction data.
• Transaction Data:  we shall collect transaction data when you make payments for products and services on the Platforms. This will include amount paid, method of payment, time of payment, service paid for, discounts etc.
• Location Data: we collect precise or approximate location data during the use of our smart batteries and vehicles, including to prevent and detect theft, and to help us improve our products and services. We may collect location data from our mobile application if you enable us to do so (such as granting permission to a location sharing request).
• Device Data: we collect data such as device type, device status, operating system version, performance data, device identifier number, location, and other device-related data.
• User Review Data: we collect data on your comments and ratings on our products and services that may be submitted through our website or mobile applications. We may also collect this information through direct calls or surveys.

• User data from third party sources includes:

• Social Networks Data: you may grant us permission to access your profile data from third party networks such as Facebook, where we shall collect information publicly displayed on your account on network friends, likes, dislikes and any other data subject to the terms of use therein. You may also link your social network accounts to our Platforms.
• Third Party Service Providers Data: we may collect your personal data and information from third parties that work with us in connection to offering the Platforms to you.
• Publicly available sources: we collect personal data from public sources of information such as open government databases.

6. Use of your Data

We may use your personal data and information for various purposes including to:

• Create your Account: to use or access our products and services therein, you must register an account with us. We process the personal data you voluntarily submit for account registration to enable us to provide the Platforms to you.
• Improve the Platforms: we use your information to personalize your experience and increase the efficiency of our Platforms.
• Contact You: we shall communicate with you via SMS, call or email and through the contact details you supply to us. You may update, change or rectify your contact information if the need arises.
• Analyze Data: we may compile anonymous statistical data to identify usage trends, track service performance, evaluate promotional campaigns, conduct data analysis and carry out research.
• Secure the Platforms: we use your information to monitor suspicious activity, perform background checks, detect and prevent fraudulent activities.
• Pitch Business Collaborations: we may use your information to evaluate the prospects of a partnership, merger, or other restructuring and reorganization.
• Market and Advertise: we use your information to curate advertisements and to send to you special offers and general information about new products and services.
• Comply with Internal Policies: we use your information to meet corporate compliance obligations such as internal record keeping requirements.
• Respond to Requests: we use your information to respond to your inquiries, questions or complaints.
• Resolve Disputes: we use your data to investigate and resolve your claims.
• Make Automated Decisions: we use your data to make general automated decisions such as approval of your request for a product or service on the Platforms.

7. Disclosure and Sharing of your Data

Information about our clients is an integral part of our business and we address sharing of your data as such. We may disclose Personal Information that we collect from you for the purpose(s) that it was collected. We may disclose the Personal Information for other purposes where we have received your consent to do so or are required to do so by law.

Examples of where we may disclose your information include, but are not limited to:

• Legal Compliance: we may disclose your information if required to do so by legal process, court order or other regulatory authority to investigate a matter.
• To Third-Party Service Providers: we may share your information with contracted third parties that perform services for us such as customer service, data processing, payment processing, marketing and advertising, or hosting services.
• Business Partnerships: we may share your information in pursuit of strategic business collaborations to offer certain products and services to you. Such business partners will execute a binding non-disclosure agreement to safeguard the privacy of your data.
•  Research Partnerships: we may share your data with approved research partners to further understand and improve our products and services. Data provided to research partners will be made anonymous to safeguard the privacy of user data.
• Company Re-organization: if we are involved in a merger, acquisition, equity financing or other restructuring, we may share your personal data for due diligence.
• To Affiliates to Help Provide the Platforms to You: we may transfer personal data across our affiliates and subsidiaries as we share common data systems and access may be needed to provide the Platforms to you.
• Disclosure with Your Consent: we may seek your consent to share your information with other unaffiliated third parties.

8. Cookies and other Tracking Technologies Use:

We use cookies, web beacons, tracking pixels and similar tracking technologies to track web traffic, customize your experience and analyze market trends. By accepting use of cookies, you consent to us processing the data generated from your browsing history, which information we may use for target advertising. Some cookies are strictly necessary for functionality and availability of the Platforms to you but you may choose your preferred settings for optional cookies. Also, change of device or updating your software may alter cookie settings and other plug-ins.

You can clear all the cookies stored on your computer, and most web browsers provide the option of blocking cookies.

ARC Ride Kenya LTD will not use cookies for any purposes not stated in this Policy.

9. External Links

The Platforms may contain links redirecting you to third party sites and pages. Please read the privacy notice published on such third-party sites before visiting their pages. We are not responsible for the actions of third parties with whom you share personal or sensitive data, and we have no authority to manage or control third-party solicitations.

10. Security of your Data

We use administrative, technical, and physical security measures to help protect your personal data and information from unauthorised access, accidental loss, modification, or breach. However please be aware, despite the reasonable steps taken to secure the personal information you provide, no security measures are perfect or impenetrable and no method of data transmission can be guaranteed against any interception or other type of misuse.

11. Your Options and Rights

Subject to limitations set out in the Kenya Data Protection and Privacy Act 2019, you have and enjoy certain rights in relation to your personal data as follows;

• Account Information: you may at any time change or rectify the information in your account through the mobile application settings. You may also request to deactivate or delete your account, upon which you shall no longer have access to the products and services therein.
• Data Retention: when we terminate your account or prohibit you from accessing the Platforms, some information may be retained in our database to prevent fraud, troubleshoot problems, maintain internal records or comply with legal requirements.
• Push Notifications: you may opt out of receiving Platform alerts by blocking push notifications. However, any other necessary information affecting your use and access of the Platforms shall be communicated to you.
• Marketing opt-outs: you may unsubscribe from receiving promotional messages, news and emails.
• Device Permissions: if you wish to change our access or permissions on your web browser or mobile phone device, you may do so through your device settings. However, this may affect the availability and functionality of the Platforms to you.
• Consent Withdrawal: you may withdraw, restrict or object to the processing of your personal data to the extent permitted by law.
• Data Access: you may request to access a copy of your personal data processed. You shall be asked to provide evidence of your identity to ensure data is not released to the wrong hands.

It is your responsibility to ensure that all personal data submitted to ARC Ride is correct. ARC Ride is dedicated to maintaining the accuracy and completeness of personal data and keeping the data up to date.

To exercise these rights, you may contact ARC Ride Directly through the contacts provided in this policy.

12. Minors

Our Platforms are not for use by persons under the age of 18 years. Any underage person should not use the Platforms, access the Platforms or provide personal information to us.

13. Statutes

This privacy policy has been drawn in line with The Data Protection Act 2019, and The Constitution of Kenya 2010.

14. Complaints, Questions and Additional Information

To express a concern, raise a question, make a complaint, or to obtain additional information about the processing of Personal Data by ARC Ride, the concerned individual should contact us first in the instance.

IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT USE OR ACCESS THE PLATFORMS

Last Updated On: 1st June 2023