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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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