Privacy Policy for Mojagate Ltd
Last Updated: 5th January 2025
1. Introduction
Mojagate Ltd ("Mojagate," "we," "us," or "our") is a Content Services Provider licensee operating in Kenya. We are committed to protecting the privacy and security of the personal information of our users ("you," "your"). This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you use our services, visit our website [Your Website Address, if any], or interact with us in any other way (collectively, the "Services").
This policy is drafted in compliance with the Kenyan Data Protection Act, 2019 ("DPA") and its accompanying regulations.
2. Information We Collect
We may collect different types of information, including:
Personal Identifiable Information (PII):
Identity Data: Full name, username, or similar identifier.
Contact Data: Mobile phone number, email address, physical address (if applicable for service delivery or billing).
Account Data: Usernames, passwords (encrypted), preferences, and feedback.
Usage Data:
Information about how you use our Services, such as the content you access, features you use, time and duration of your activities, interaction with other users or content.
Device information (e.g., IP address, device type, operating system, browser type, unique device identifiers).
Transaction Data:
Details about payments to and from you and other details of products and services you have purchased from us (if applicable). Note: We typically use third-party payment processors and do not store full credit card details.
Communications Data:
Information you provide when you contact us for support, provide feedback, or otherwise communicate with us.
Location Data:
General location data (e.g., derived from your IP address) or precise location data if you grant us permission (e.g., for location-based services).
Cookies and Similar Technologies:
We may use cookies, web beacons, and similar tracking technologies to collect information about your browsing activities and preferences. Please see our [Link to Cookie Policy, if separate] for more details.
3. How We Use Your Information
We use the information we collect for various purposes, including:
To Provide and Manage Our Services:
To register and manage your account.
To deliver the content and services you request.
To process transactions and send you related information, including confirmations and invoices (if applicable).
To Improve Our Services:
To understand how users interact with our Services to enhance user experience.
To develop new products, services, and features.
For data analysis, testing, research, and statistical purposes.
To Communicate With You:
To respond to your inquiries, comments, and support requests.
To send you service-related announcements, updates, security alerts, and administrative messages.
To send you marketing and promotional communications (only with your explicit consent where required by law).
To Personalize Your Experience:
To tailor content, recommendations, and features to your interests.
For Security and Legal Compliance:
To protect the security and integrity of our Services.
To prevent fraud and other illegal activities.
To comply with our legal obligations, regulatory requirements (including those from the Communications Authority of Kenya or the Office of the Data Protection Commissioner), and respond to lawful requests from public authorities.
4. Legal Basis for Processing Your Personal Data (as per DPA, 2019)
We will only process your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
Consent: Where you have given us clear consent to process your personal data for a specific purpose.
Contract: Where processing is necessary for the performance of a contract to which you are a party (e.g., to provide you with the Services you have subscribed to).
Legal Obligation: Where processing is necessary for compliance with a legal obligation to which we are subject.
Legitimate Interests: Where processing is necessary for our legitimate interests (or those of a third party), provided your interests and fundamental rights do not override those interests.
5. Information Sharing and Disclosure
We do not sell your personal information. We may share your information in the following circumstances:
With Service Providers: We may share your information with third-party vendors, consultants, and other service providers who perform services on our behalf (e.g., payment processors, cloud hosting providers, analytics providers, customer support services). These providers are contractually obligated to protect your data and use it only for the purposes for which it was disclosed.
For Legal Reasons: We may disclose your information if required to do so by law or in the good faith belief that such action is necessary to:
Comply with a legal obligation or government request (e.g., from law enforcement or regulatory bodies like the Office of the Data Protection Commissioner).
Protect and defend our rights or property.
Prevent or investigate possible wrongdoing in connection with the Services.
Protect the personal safety of users of the Services or the public.
Business Transfers: In the event of a merger, acquisition, reorganization, bankruptcy, or sale of all or a portion of our assets, your information may be transferred as part of that transaction. We will notify you via email and/or a prominent notice on our Services of any change in ownership or uses of your personal information.
With Your Consent: We may share your information with other third parties when we have your explicit consent to do so.
Aggregated or Anonymized Data: We may share aggregated or anonymized information that does not directly identify you with third parties for research, marketing, analytics, or other purposes.
6. Data Security
We implement appropriate technical and organizational security measures designed to protect your personal information from accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access. These measures include [mention specific types if possible, e.g., encryption, access controls, secure servers].
However, please be aware that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
7. Data Retention
We will retain your personal information only for as long as is necessary for the purposes set out in this Privacy Policy, or as required by applicable laws (e.g., for tax, accounting, or other legal requirements). When we no longer need to retain your personal information, we will securely delete or anonymize it.
8. Your Data Protection Rights (under the DPA, 2019)
As a data subject in Kenya, you have the following rights regarding your personal data:
Right to be informed: About how we use your personal data.
Right of access: To request access to the personal data we hold about you.
Right to rectification: To request correction of inaccurate or incomplete personal data.
Right to erasure (right to be forgotten): To request deletion of your personal data, under certain conditions.
Right to restrict processing: To request the restriction of processing of your personal data, under certain conditions.
Right to data portability: To request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions.
Right to object: To object to the processing of your personal data, under certain conditions (e.g., for direct marketing).
Rights in relation to automated decision-making and profiling: Not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you.
To exercise any of these rights, please contact us using the details provided in Section 12. We may need to request specific information from you to help us confirm your identity. You also have the right to lodge a complaint with the Office of the Data Protection Commissioner (ODPC) if you believe your data protection rights have been infringed.
9. International Data Transfers
Your information, including personal data, may be transferred to — and maintained on — computers located outside of Kenya where the data protection laws may differ. If we transfer your personal data out of Kenya, we will ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
The country to which the personal data is transferred has been deemed to provide an adequate level of protection for personal data by the Data Commissioner.
We have put in place appropriate safeguards (e.g., standard contractual clauses approved by the Data Commissioner) with the recipient.
You have explicitly consented to the proposed transfer after being informed of the possible risks.
10. Children's Privacy
Our Services are not intended for use by children under the age of 18 (or the applicable age of majority in Kenya if different). We do not knowingly collect personal information from children. If we become aware that we have collected personal information from a child without verification of parental consent, we will take steps to remove that information from our servers. If you are a parent or guardian and believe your child has provided us with personal information, please contact us.
11. Changes to This Privacy Policy
We may update this Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page and updating the "Last Updated" date at the top. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page. For significant changes, we may also provide a more prominent notice (such as by email or a notification within our Services).
12. Contact Us
If you have any questions about this Privacy Policy, our data protection practices, or wish to exercise any of your rights, please contact us:
Mojagate Ltd
48 Riverside Lane
Nairobi
Kenya
privacy@mojagate.co.ke
