PESAPATA PRIVACY POLICY
Please read this privacy policy (this “Privacy Policy”) carefully.
By accessing or using our PesaPata Platform (the “Platform” or “PesaPata”), you confirm that you have read, understood, and agree to the Terms and Conditions for the Platform (the “Terms”) and this Privacy Policy. This Privacy Policy and the Terms constitute a binding legal agreement between you, Pesa Pata Ventures Ltd., and its subsidiaries and affiliated companies.
1.0 Statement of Principle
PesaPata is a peer-to-peer lending platform that connects verified lenders (each a “Lender”) and verified borrowers (each a “Borrower”). This Privacy Policy outlines how PesaPata collects, uses, discloses, manages, and safeguards your information, including your personal information. PesaPata takes your privacy seriously and is committed to protecting your personal information. If you have any questions about this Privacy Policy or PesaPata’s privacy practices, please contact PesaPata with your questions by telephone at 0707 000 222 or by e-mail at info@pesapata.com
PesaPata will not sell or rent your personal information to any third party without your prior consent. You may contact PesaPata at any time to withdraw your consent to any such use or disclosure of your personal information. If PesaPata decides to make material changes to the Privacy Policy, PesaPata will notify you of these changes by placing a notice on the Platform for 30 days. If you do not accept the terms in this Privacy Policy or any changes made thereto, please stop accessing or using our platform.
2.0 Definition of "personal information"
For the purposes of this Privacy Policy, “personal information”, means any information that concerns an identifiable individual, including such person’s name, mailing address, telephone number, e-mail address, date of birth, sex, ID. number, information with respect to such person’s deposit account at a financial institution and any other information which may be disclosed in any report or document, including but not limited to any credit report, provided by Credit Reference Bureau as mandated by Central Bank of Kenya, to which PesaPata may refer from time to time for verification purposes, upon your authorization (“CRB”).
3.0 Collection of Information
PesaPata will collect information from you, including your personal information, when you register or apply for a PesaPata account or access or use our platform.
When you access the PesaPata platform through third-party service providers, including but not limited to, Google or Facebook, PesaPata will collect and process data specific but not limited to your basic profile information shared on the third-party service providers by you. This data includes your login email address, your username, and profile picture submitted to the third-party service providers and is intended to facilitate communication with you, KYC, verifying your identity, and the information that you provide to PesaPata.
Please note that all information entered in any application form, which is saved to be completed later, is also collected by PesaPata and subject to this Privacy Policy. This is further explained below;
3.1 Agent Account or Client Account
When you apply for a Lender/Agent account (“Agent Account”) or Borrower/Client account (“Client Account”) on the Platform, PesaPata will collect certain information from you, including, but not limited to:
- contact information (title, full name, e-mail address, mailing address, and telephone number)
- date of birth;
- national identification number (ID);
- income, assets, debt, and other financial information; and/or
- bank and/or electronic wallet account information.
If you apply for an Agent Account or Client Account on behalf of an entity, PesaPata will collect certain information about the entity, including, but not limited to:
- the entity’s business, affairs, and industry;
- the entity’s income, assets, debt, and other financial information;
- the ownership and control of the entity, which may include, at PesaPata’s discretion, information about its shareholders, directors, officers, partners, and/or trustees; and/or
- the entity’s bank and/or electronic wallet account information (including but not limited to financial institution number, branch transit number, and account number)
For the purposes of this Privacy Policy, applicants operating sole proprietorships are deemed to be acting for and on behalf of an entity.
3.2 Credit Information
When you apply for an Agent Account or Client Account on the Platform, PesaPata may collect information from a CRB that you authorize us to collect. This includes credit history, financial and identification information, and any other information disclosed in a credit report or any document provided by the CRB to PesaPata. PesaPata may request and use ID numbers, as required, to facilitate CRB searches.
3.3 Log and Platform Information
When you access or use the Platform, PesaPata may automatically collect certain technical information about your visit, including the date, time, browser type, your internet service provider, your IP address, device information (including device identifiers), geo-location information, computer and network performance data, the URL that you are coming from and your navigation history in order to customize and personalize your experience on the Platform, diagnose and detect potential problems with the Platform, manage and improve the Platform and for statistical research purposes.
3.4 Correspondence and Q & A
PesaPata will collect records of all correspondence with PesaPata. This includes questions, answers, and other user-generated comments submitted to the Platform.
3.5 Third-Party Information
PesaPata may collect the personal information about third parties that you provide to PesaPata or authorize PesaPata to collect. You are responsible for obtaining the necessary consent for the collection and use of this information and for the disclosure of this information to PesaPata.
4.0 Use and Disclosure of Information
4.1 Opening an Account
PesaPata will use the personal information that PesaPata collects from you to open and maintain your PesaPata account, including verifying your identity and the information that you provide to PesaPata and determining your eligibility to become a Lender or a Borrower on the Platform.
4.2 Account Administration
PesaPata may use your personal information to communicate with you about your PesaPata account and to provide you with technical support.
4.3 Processing and Transferring Loans
PesaPata may use the information that it collects to process and transfer loans funded on Lending PesaPata. PesaPata may also share this information with its third-party agents that help PesaPata to process and transfer loans.
4.4 Collections and Loan Repayments
PesaPata may use a Borrower’s information to collect loan repayments or to enforce a loan agreement, a security interest or a guarantee. PesaPata may also disclose a Borrower’s information to a third-party service provider performing loan collection and enforcement services on PesaPata’s behalf, including, but not limited to any collections agency, legal counsel, or receiver.
4.5 Borrower Information Accessible to Lenders
Certain information about each Borrower will be displayed on the Platform and accessible to General Account holders and Lenders to allow them to evaluate a Borrower’s loan request. This includes information regarding a Borrower’s location, business and operations and the loan terms (such as the loan principal amount, the interest rate, and the term of the loan). Lenders will have access to additional detailed information about a Borrower, such as a Borrower’s full legal name, financial data, and information with respect to the security securing the loan.
4.6 Legal Issues
PesaPata may use and disclose your personal information to detect, investigate, address and prevent fraudulent or illegal activities. PesaPata reserves the right to disclose your personal information as required by law when we believe that disclosure is necessary to comply with a judicial proceeding, court order, or legal process served on us and to defend against legal claims. PesaPata may be required to disclose your personal information to law enforcement, securities regulators, and regulatory authorities in the context of an investigation or audit. PesaPata also reserves the right to disclose your personal information to another organization to investigate the breach of an agreement, including the Terms, and for the purposes of detecting, suppressing, or preventing fraudulent activities.
4.7 Regulatory Filings
PesaPata may disclose your personal information to Kenyan regulators and regulatory authorities to meet applicable filing requirements. By engaging in borrowing and/or lending activities on PesaPata, you consent to the filing of your personal information and copies or originals of any documents provided to PesaPata with any Kenyan regulator. Should you have any concerns in this regard, please consult your legal advisor.
4.8 Referral Disclosure
PesaPata may from time to time offer to compensate you, subject to certain terms and conditions, for referring prospective Lenders to PesaPata. In the event you refer a prospective Lender to PesaPata, your name will be disclosed to that prospective Lender where required by law.
4.9 Corporate Matters
PesaPata may disclose and share your personal information to explore and/or undertake a corporate transaction, including a merger, acquisition, amalgamation, IPO, reorganization or sale of PesaPata. Your personal information will be used and disclosed solely for the purposes related to the transaction and will be protected by security safeguards appropriate to the sensitivity of the information.
4.10 Analysis and Research
PesaPata may use the information that it collects for statistical analysis and market research purposes.
4.11 Retaining Your Information
PesaPata will retain all personal information that PesaPata is required to retain under any applicable laws for the full duration of time required under those laws. PesaPata may also retain all personal information obtained from any PesaPata account holder for the full duration of time required under applicable laws.
4.12 Third-Party Service Providers
PesaPata may transfer your personal information to a third-party service provider for processing and storage. Whenever PesaPata engages a third-party service provider, PesaPata ensures that the information is properly safeguarded at all times at a comparable level of protection the information would have received if it had not been transferred. PesaPata may transfer your personal information to a third-party service provider outside of Kenya. In the event that your personal information is transferred outside of Kenya, the government, courts or law enforcement, or regulatory agencies of that jurisdiction may be able to obtain disclosure of your personal information through the laws of that jurisdiction.
5.0 Security Measures
PesaPata pays special attention to the protection of personal information and has therefore instituted industry-standard security measures (firewalls, passwords, physical security, etc.) to protect users against any unauthorized access or disclosure. Although PesaPata strives to protect users' personal information, it cannot guarantee the absolute security of such information as no system is immune from fraud or hacking. In the event of a data breach, PesaPata will notify users at the first reasonable opportunity of the breach and immediately apply remedial measures. Neither PesaPata nor any of its officers, directors, employees, consultants, representatives, agents, successors, and assigns may be held liable in case of theft, illegal use, unauthorized disclosure, loss, or the alteration or destruction of information by a third party.
6.0 Your Rights
If you do not agree with the collection, use, and disclosure of your personal information as outlined in this Privacy Policy, please do not access or use this Platform or save or send any application.
You may correct any inaccurate or out-of-date personal information or request deletion of such information by contacting PesaPata by telephone at 0707 000 222 or by e-mail at info@pesapata.com
7.0 Other Questions
If you have any questions, concerns, or complaints regarding this Privacy Policy, you may contact PesaPata by telephone at 0707 000 222 or by e-mail at info@pesapata.com PesaPata will explain, if applicable, how it handles complaints and will help you resolve the issue. If a complaint is well-founded, PesaPata will take appropriate measures, including, if necessary, modification of the practices and methods hereunder. For more information on how to file a complaint, please visit the answer to the question “Whom Can I Contact If I Have A Complaint?” in PesaPata’s FAQ.
This Privacy Policy was last updated on March 02, 2022.