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Definitions
"OPTIVEN," "We," "our," "ours," and "us," means Optiven and includes its successors in title
and assigns, its affiliates and/or its strategic business units as may be specified from
time to time.
"Personal data" or "personal information" means: Information about you or information that
identifies you as a unique individual, such as your name/s and surname combined with your
physical address, contact details and/or identity card/passport number.
"Processing" collectively means handling, collecting, using, altering, merging, linking,
organizing, disseminating, storing, protecting, retrieving, disclosing, erasing, archiving,
destroying, or disposing of your personal information.
"Sensitive personal information" includes data revealing your race, health status, ethnic
social origin, conscience, belief, genetic data, biometric data, property details, marital
status, family details including details of your children, parents, spouse or spouses, sex
or sexual orientation.
"You" means: Customer – (which includes personal representatives and assigns) doing business
with us and includes (where appropriate) any person you authorize to give us instructions,
the person who uses any of our products and services or accesses our websites. "Customer"
shall include both the masculine and the feminine gender as well as juristic person.
Any visitor that is a person (including contractors/subcontractors or any third parties) who
gains access to any OPTIVEN premises.
Any supplier/ service provider who has been contracted by OPTIVEN and/or signed a service
level agreement with OPTIVEN.
Any external lawyer who has been contracted by OPTIVEN and/or signed a contract for service
with OPTIVEN.
The word “includes” means that what follows is not necessarily exhaustive and therefore the
examples given are not the only things/situations included in the meaning or explanation of
that text.
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Collection of Personal Data
OPTIVEN will only collect personal data about you insofar as is necessary to achieve the
purposes set out in this privacy statement. Personal information may be given to or
collected by OPTIVEN in writing as part of a written application form, via telephone, email,
WhatsApp, or accessing the website (www.optiven.co.ke) or via the OPTIVEN App.
OPTIVEN will collect your personal information when you do any of the following:
- Make an application, buy or use any of our product and/or service or from third parties
on our electronic and digital platforms.
- Use any of our product and/or service online, on a mobile or other device or in any of
our branches.
- Ask OPTIVEN for more information about a product or service or contact OPTIVEN with a
query or a complaint;
- When you visit, access any of OPTIVEN buildings/ premises;
- Where you’ve been identified as a next of kin by our customer or employee;
- Where you have applied for employment at OPTIVEN;
- Attend an event sponsored by OPTIVEN;
- Make an application to OPTIVEN or interact with us as a supplier so as to enter into a
contractual obligation with OPTIVEN;
- Visit, access or use any of our online platforms/websites;
- Subscribe to any of our online services, Short Message Service (SMS), email, or social
media platforms;
- Respond to or participate in a survey, marketing promotion, prize competition or special
offer;
- When you make an application or engage with OPTIVEN Foundation as a beneficiary in any
of our programs.
These examples are non-exhaustive, which is reflective of the varied nature of the personal
information we may collect.
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What Information is collected?
From individuals who are our customers and prospective customers, or are representatives of
customers and prospective customers, we may collect personal information that includes but
is not limited to the following:
- Your identity information, including your title, name, photograph, nationality,
occupation, address, location, phone number, KRA Pin, identity document type and number
and your email.
- Your transaction information when pay for our products and services.
- Your preferences for particular products and services, based on information provided by
you or from your use of our network or third party products and services.
- Your contact with us, such as when you: call us or interact with us through social
media, email and calls.
- Relevant information as required by regulatory Know Your Client and/or Anti Money
Laundering regulations and as part of our client intake procedures. This may possibly
include evidence of source of funds, at the outset of and possibly from time to time
throughout our relationship with clients, which we may request and/or obtain from third
party sources. The sources for such verification may include documentation, which we
request from you or through the use of online or public sources or both.
- We use Closed Circuit Television (CCTV) surveillance recordings. CCTV Devices are
installed at strategic locations to provide a safe and secure environment in all OPTIVEN
premises as a part of our commitment to security and crime prevention.
- We maintain a register of visitors in which we collect and keep your personal data such
as names, company/institution details, telephone number, vehicle registration details,
National ID number and device serial number and model (where you visit our premises with
your personal devices e.g laptops). This information is collected for health, safety and
security purposes.
- We collect and retain your personal data (name, telephone number, and vehicle
registration details) when you request for a parking space in any of our OPTIVEN
premises. We use the data you provide to ensure effective car park management, health
and safety compliance, for security purposes and inventory management.
- When you use OPTIVEN WIFI for guest and visitors, we collect email IDs and will provide
user name and password. We record the device address and also log traffic information in
the form of sites visited, duration and date sent/received.
- Information you provide to us for the purposes of attending meetings and events.
- We may use your medical information to manage our services and products to you e.g. when
you use our services designed for persons with disabilities such as our braille watch
for the visually impaired.
- When you visit our website, we collect your ID-type information: cookie ID, mobile ID,
IP address which is used for real-time processing in order to generate a visitor ID.
- We may collect details of a minor which include name, date of birth, birth certificate
number, relationship with the applicant and any other information relevant for the
provision of our products and services. We will only process such data where parental or
legal guardian consent has been given. We will also ensure that the processing of such
data will be done in a manner that protects and advances the rights and best interests
of the child.
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Related Legal Entities
Corporate entities and clients form part of our client base. These legal entities are not
data subjects (i.e., natural persons to whom personal information relates). However, as part
of our engagement with these clients, we may receive personal information about individuals
which may include but is not limited to:
- Company certificate of incorporation.
- KRA personal identification number (PIN) of the company.
- Postal and business address of the company.
- Contact details of the company such as telephone number and email address.
- Director’s National Identity Cards.
- Director’s KRA personal identification numbers (PIN).
- Director’s passport photos.
These examples are non-exhaustive, which is reflective of the varied nature of the personal
information.
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Mailing lists
We also collect information to enable us to improve the customers' experience and market our
products and/or services, which may be of interest to you. For this purpose, we collect:
- Name and contact details.
- Products and/or services that interest you.
- Additional information may be collected, such as events you attend and if you provide it
to us.
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Use of Personal Data
This privacy statement aims to give you complete and transparent information on how OPTIVEN
processes your personal data. We are committed to ensuring that your personal information is
processed in a way that is compatible with the specified, explicit, and legitimate purpose
of collection. Where personal data relates to a child, we will process the personal data
only where parental or legal guardian consent has been given. The processing of such data
will be done in a manner that protects and advances the rights and best interests of the
child.
We may use personal data provided to us for any of the following purposes but are not
limited to:
- To perform our obligations under a contractual arrangement with you.
- Verifying your identity information through publicly available and/or restricted
government databases to comply with applicable Know Your Customer (KYC) requirements to
prevent fraud prevention, detection, and investigation.
- Creating a record of you on our system to verify your identity, provide you with the
products and/or services you have applied for from us.
- Communicate with and keep you informed about the products and/or services you have
applied for.
- Responding to any of your queries or concerns, we may record or monitor telephone calls
between us so that we can check instructions and make sure that we are meeting our
service standards.
- Further processing for historical, statistical, or research, survey, and other
scientific or business purposes where the outcomes will not be published in an
identifiable format.
- Provide aggregated data (which do not contain any information that may identify you as
an individual) to third parties for research and scientific purposes.
- In business practices including quality control, training, and ensuring effective
systems operations.
- To understand how you use our products and services for purposes of developing or
improving products and services.
- Administer any of our online platforms/websites.
- To comply with any legal, governmental, or regulatory requirement or for use by our
lawyers in connection with any legal proceedings.
- Keeping you informed generally about new products and services and contacting you with
offers or promotions based on how you use our or third-party products and services
unless you opt out of receiving such marketing messages (you may contact OPTIVEN at any
time to opt out of receiving marketing messages).
- Where you have applied for employment at OPTIVEN, we create an employment record of you
(including full names, ID numbers, addresses, and next of kin) on our system to
facilitate continuous monitoring during your employment with us.
- Where you are a supplier to OPTIVEN, we process your personal information for due
diligence, risk assessment, administrative, and payment purposes.
- For security purposes when accessing any of OPTIVEN buildings/premises; and
- Where you attend an event sponsored by OPTIVEN, we will be taking photos or videos of
the event. These images or videos will be used by us to share news about the event, and
may be used in press releases, printed publicly, and published on our website.
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Transfer of Personal Data
OPTIVEN may transfer your personal information for the purpose of effecting/implementing,
administering, and securing any product or service that you have applied for or for other
purposes set out in this privacy statement. We also share data with OPTIVEN-controlled
affiliates when required by law or to respond to legal process.
We may transfer or disclose the personal data we collect to regulatory or supervisory
authority, third-party contractors, subcontractors, and/or their subsidiaries and affiliates
who provide support to OPTIVEN in providing its services.
The third-party providers may use their own third-party subcontractors that have access to
personal data (sub-processors). It is our policy to use only third-party providers that are
bound to maintain appropriate levels of security and confidentiality, to process personal
information only as instructed by OPTIVEN, and to flow those same obligations down to their
sub-processors.
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Other Disclosures
We also may disclose your personal information where required by law, to enforce other
agreements, or to protect the rights, property, or safety of our business, our clients,
customers, employees, or others. OPTIVEN may disclose, respond, advise, exchange, and
communicate personal data and/or information in its possession relating to you outside
OPTIVEN whether such personal data and/or information is obtained after you cease to be
OPTIVEN’S customer or during the continuance of the customer relationship or before such
relationship was in contemplation, provided that such personal information is treated in
confidence by the recipient:
- Where OPTIVEN has a right or duty to disclose or is permitted or compelled to do so by
law.
- To the OPTIVEN’S external lawyers, auditors, valuers, survey agencies, and
subcontractors, software developers, or other persons acting as its agents.
- To any regulatory or supervisory authority so as to assist in the prevention, detection,
investigation, or prosecution of criminal activities, courts, or arbitration tribunal
where demand for any personal data and/or information is within the law.
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Legal basis for the processing of personal data
OPTIVEN will process your personal information as permitted by the applicable Data
Protection Laws, Regulations, and its internal policies:
- For the performance of a product/service contract which you are party to;
- Where processing is necessary for the purposes of legitimate business interests pursued
by OPTIVEN or by a third party within the confines of the law;
- For the establishment, exercise, or defense of a legal claim;
- Compliance with a mandatory legal obligation to which it is subject to;
- With your consent;
- Public interest;
- To protect your vital interest or the vital interests of any person.
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Direct Marketing
From time to time, we may also use your personal information to contact you for market
research or to provide you with information about other services we think would be of
interest to you. You may be required to opt-in or give any other form of explicit consent
before receiving marketing messages from us. We respect your right to control your personal
data depending on which of our products you use. Therefore, at a minimum, we will always
give you the opportunity to opt-out of receiving such direct marketing or market research
communications. You may exercise this right to opt-out at any time.
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Retention of Personal Data
OPTIVEN will retain your personal data only for as long as is necessary to achieve the
purpose for which they were collected. We may retain your personal data and/or information
for a period of up to seven (7) years or as may be required by law and maintain specific
records management and retention policies and procedures, so that personal data are deleted
after a reasonable time according to the following retention criteria:
- Where we have an ongoing relationship with you.
- To comply with a legal obligation to which it is subject.
- Where retention is advisable to safeguard or improve the OPTIVEN’S legal position.
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Your Rights
You have the right in the circumstances and under the conditions, and subject to the
exceptions, set out in applicable law to:
- Be informed that we are collecting personal data about you;
- Request access to your personal information that we have on record. This right entitles
you to know whether OPTIVEN holds your personal data and, if so, obtain information on
and a copy of those personal data;
- Request OPTIVEN to rectify any of your personal data that is incorrect or incomplete;
- Object to and withdraw your consent to processing of your personal data. This right
entitles you to request that OPTIVEN no longer processes your personal data. The
withdrawal of your consent shall not affect the lawfulness of processing based on prior
consent before its withdrawal. We may also continue to process your personal information
if we have a legitimate or legal reason to do so;
- Request the erasure of your personal data. This right entitles you to request the
erasure of your personal data, including where such personal data would no longer be
necessary to achieve the purposes;
- Request the restriction of the processing of your personal data: This right entitles you
to request that OPTIVEN only processes your personal data in limited circumstances,
including with your consent;
- Request portability of your personal data. This right entitles you to receive a copy (in
a structured, commonly used, and machine-readable format) of personal data that you have
provided to OPTIVEN, or request OPTIVEN to transmit such personal data to another data
controller in an electronic format.
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The Use of Cookies
We may store some information (using “cookies”) on your computer when you visit our
websites. This enables us to recognize you during subsequent visits. The type of information
gathered is non-personal (such as: the Internet Protocol (IP) address of your computer, the
date and time of your visit, which pages you browsed and whether the pages have been
delivered successfully. We use cookies for storing and honoring your preferences and
settings, enabling you to sign in, providing interest-based advertising, combating fraud,
analyzing how our products perform, and fulfilling other legitimate purposes. We may also
use this data in aggregate form to develop customized services – tailored to your individual
interests and needs. Should you choose to do so, it is possible (depending on the browser
you are using), to be prompted before accepting any cookies, or to prevent your browser from
accepting any cookies at all. This will, however, cause certain features of the website not
to be accessible.
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Amendments to this Statement
OPTIVEN reserves the right to amend or modify this privacy statement from time to time, and
your continued use of our products and services constitutes your agreement to be bound by
the terms of any such amendment or variation. You can access the most current version of the
privacy statement from www.optiven.co.ke, and any amendment or modification to this
statement will take effect from the date of notification on the OPTIVEN website.
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Contact Us
Please contact our Data Protection Officer if you (i) have any questions or concerns about
how OPTIVEN processes your personal data or (ii) want to exercise any of your rights in
relation to your personal data,
Call us On: 0111 416 233
Email: kitengela@optiven.co.ke