This statement should be read together with the Terms and Conditions of Use for other ACS products and services. Where there is a conflict, this statement will prevail.
This statement applies to all customers, suppliers, agents, merchants, dealers, and all visitors frequenting any of ACS’s premises and spaces.
- customer– the person who subscribes to, uses, or purchases any of our products and services or accesses our websites and includes any person who accesses any of the products and services you have subscribed to.
- Any agent, dealer, and/or merchant who has signed an agreement with us and is recognized as a merchant or agent in accordance with any applicable laws or regulations.
- Any visitor is a person (including contractors/subcontractors or any third parties) who gains access to any Africa Cloud Space premises.
- Any supplier who has been contracted by Africa Cloud Space and executed a Supplier contract.
2.3 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.
Africa Cloud Space Ltd., including its corporate affiliates, is a global provider of cloud business solutions. For our business customers, we are a data-driven SaaS technology company. We believe in the power of data to run & manage successfully businesses, schools, institutions, and organizations.
If you are a customer located in the European Economic Area (“EEA”), the following corporate affiliates of Africa Cloud Space Ltd., (“ACS”), may also process your personal data as joint controllers with Africa Cloud Space Ltd., including for the provision of their products and services, marketing and support:
- Grupcash Ltd
We collect your information in the following ways:
3.2.1 Information you provide directly to us. When you subscribe to our newsletters, register for one of our webinars, sign up for our services, request us to contact you, or through other interactions with us, we may ask you for certain personal information, such as your name, birthdate, postal address, e-mail address, telephone number, company name, job title, or payment information. When you request support from us, we may also collect information from you such as contact information, documentation, screenshots, or other information you or we may believe is helpful to solving the issue. When you speak with our customer service or sales representative on the phone, your calls may be recorded and/or monitored for quality assurance, training and research purposes. In certain circumstances, we may collect your tax number from you for a limited purpose, such as for tax reporting relating to a payment for a customer referral or to facilitate an international money transfer.
3.2.2 Information we collect automatically when you visit our websites. We and our third-party partners, such as our advertising and analytics partners, collect information about your visits to our websites and your interactions with our ads or content, together with information such as your IP address, cookies, and other tracking technologies (e.g., web beacons, device identifiers, and pixels). For more information, please see our Cookies and Tracking Notice, which includes information on how to control or opt-out of these cookies and tracking technologies.
- Third-party services and social media. If you create an account or access our services through your account with a third-party service, such as Facebook, Google, LinkedIn, GitHub, or Twitter, or use a social media feature through our services, certain personal data from those third-party social media services may be shared with us, such as your interests, “likes,” and friends list. We may use this information, for example, to personalize your ACS experiences and marketing communications, enhance our services, and to better serve you. You can control this data sharing via options in your social media accounts. We may also collect information from third-party services that are integrated with our services, such as third-party CRMs or other applications that you authorize our services to connect with.
- Credit agencies. We may obtain your credit information from third-party reporting agencies in order to control our own credit risk in onboarding new customers.
- Demographic, lead, and interest data. We may obtain information from outside companies such as those that collect customer information including demographic and interest data. Examples of this information include your employment status, your job title with your current employer, and your business contact information. We use this data and combine it with other information we have about you to help us predict your preferences and to direct marketing offers that might be more relevant to you. We also obtain where permitted by law contact information and other marketing lead information from third parties, website “refer-a-friend” options or social media platforms and may combine it with information we have to contact you or direct ACS marketing offers to you.
- Information about our customers’ users. Our customers and other third parties may also provide us with personal information about our customers’ users and others. For example, we may receive personal information and other information from our customers, message senders, mobile network operators, and databases with information relevant to mobile telephone numbers submitted to our services, and other third parties.
- Information is collected in connection with your use of services delivered via our platform. We and our service providers may collect information in connection with your use of communications services delivered via our platform.
- SaaS usage information. This includes information about your business conducted via our platforms such as the time and duration of usage, source and destination identifiers, completion status, location, IP address, and amount of usage.
- Communications content. To enable you to send and receive communications via our platform, we need to be able to handle the content of the messages, calls, and other communications channels used by you.
- Device information. Where we have provided end-user equipment to you, such as an analog telephone adapter or a VoIP phone, or you have installed our software on your device, we collect device-specific information from you. This includes, for example, your hardware model, operating system version, firmware, browser information, device, and network configuration, device identifier, IP address, device performance, signal strength, call quality, telemetry, and mobile or wireless network information. We use the device information we collect in order to deliver and improve our services.
- Your contact lists and address book. If you use our mobile apps, we may request your permission to access and store the contact list or address book maintained on your mobile phone, tablet, or other broadband-connected devices. Your contact list is considered your personal data. We may use your contact list information to facilitate certain services where selected by you such as to enable you to make calls easily and to facilitate calls, texts, and other services. We may also facilitate the delivery of messages to individuals in your contact list that you wish to invite to download our mobile apps so that you can utilize our services with these selected individuals, although it is always your choice to send invites to such individuals. We will not use your contact list information for other purposes without first notifying you of the proposed use. You do not have to allow us to access your contact list information, but if you do not, certain features of our mobile apps may not be available to you. You may at any time opt-out from allowing this access via the privacy settings on your device.
- Mobile device camera, microphone, and photos. If you use our mobile apps, we may request your permission to access the camera, microphone, and photos on your mobile device, to make and receive voice and video calls and messages, and to send photos to others. You do not have to allow us to access these functions of your device, but if you do not, certain features of our mobile apps may not be available to you. You may at any time opt-out from allowing this access via the privacy settings on your device.
- Your location information. If your mobile device is equipped with GPS or can connect with wireless access points or hot spots, or if your mobile device is also a phone that communicates with cell towers or satellites, then your mobile device is able to use these features to determine its precise geographic location. You may use the mobile app to do a one-time share of your precise geographic location through a message in a chat session by pressing the location attachment button within the mobile app (a “Location Share Event”). We will retain the Location Share Event within your chat session on the mobile app until you delete the message. Your precise geographic location, including a Location Share Event, is considered your personal data. To the extent our mobile apps collect precise geographic location; you may at any time opt-out from further allowing us to have access to your mobile device’s precise location information via the mobile app’s location settings on a mobile device.
How we use the information we collect depends on which of our services you use, how you use them, and specific preferences you may have communicated to us. We list below some of the specific purposes for which we collect your information.
- To deliver our services. We use your information because it is necessary to perform our obligations in delivering our services to our customers. This includes delivering your communications to the intended end-user, processing transactions with you (such as billing), authenticating you when you log in to our platform, providing customer support, and operating and maintaining our services. We also need your information to communicate with you about the services, including registration confirmations, purchase confirmations, expiration or renewal reminders, responding to your requests, and sending you notices, updates, security alerts, administrative messages, and other communications necessary to the usage of the services.
- To carry out core activities relating to our services. To effectively deliver our services to you, we use your information to engage in important supporting activities such as:
- Billing and collections, including maintenance of records in the event of a subsequent billing dispute;
- Preventing fraud, violations of our acceptable use policies, and unlawful activities;
- Troubleshooting, quality control, and analytics; and
- Monitoring the performance of our systems and platform.
- For research and development. We are constantly looking for ways to improve our services, to make them more reliable, secure, and useful to you and our users generally. We use data regarding our users’ communications on our platform to understand how our services are performing and how they are being used in order to identify areas where we can do better. For instance, we may use message delivery and call connection information to gauge the effectiveness of our routing to ensure that your messages are delivered and your calls are connected. We and our service providers may use your information to assess the level of interest in, and use of, our services, our communications to our customers, and our other messaging campaigns, both on an individual basis and in the aggregate. We also use information about your use of our websites to understand how our website visitors are using our websites. Among other things, this usage information, along with tracking technologies, enables third-party analytics companies, such as Google Analytics, to generate analytics reports on the usage of our services. To opt-out of your usage information being included in our Google Analytics reports, you may follow these instructions.
- To comply with legal requirements. Applicable laws or regulations may require our processing of your data, such as laws mandating the retention of communications data.
- To protect our legitimate business interests and legal rights. Where we believe it is necessary to protect our legal rights, interests, and the interests of others, we use information about you in connection with legal claims, compliance, regulatory, and audit functions, and disclosures in connection with the acquisition, merger, or sale of a business.
- According to your explicit consent. If we wish to use your information for certain purposes which require consent under applicable law, we will first seek out and obtain your consent. This may include, for example, testimonials or case studies that identify you in your individual capacity.
We may collect Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, political opinions, trade union membership, information about your health, criminal convictions and offenses, gender, sexual orientation, and biometric data). We will rely on any of the legal basis provided in clause 3.5(Legal Basis) below for such collection.
We will process your personal information based on any of the lawful basis provided for under the Data Protection Law:
- The performance of a Product/Service Agreement with you;
- ACS’s legitimate business interests;
- Compliance with a mandatory legal obligation;
- The consent you provide;
- Public interest;
- Your vital interest.
We may share your information as detailed below:
- Third-party service providers that help us to deliver the services and allow us to operate our businesses.
- Business operations vendors. We work with third-party service providers to provide website and application development, hosting, maintenance, backup, storage, virtual infrastructure, payment processing, analysis, and other services for us, which may require them to access or use information about you. We only work with carefully selected vendors, and we require any vendors with whom we share personal data to protect the confidentiality of such information and use it solely for the purposes for which it was shared.
- In the event that you purchase services offered by ACS or a partner through a special marketing arrangement (for example, through a co-branded advertisement or offer, or an arrangement where we and a partner market or offer the other’s products or services), we may share your information with these third parties in connection with their services, such as to assist with billing and collections, to provide localized support, and to provide customizations. We may also share information with these third parties where you have agreed to that sharing.
- Compliance with law enforcement requests and applicable laws; enforcement of our rights. We may disclose personal data as required by applicable law, regulation, legal process, or government request; to protect ACS, our services, our customers, or the public from harm or illegal activities; and to enforce our agreements, policies, and service terms.
- With your explicit consent. We share information about you with third parties when you give us consent to do so. For example, we often display use cases or testimonials of satisfied customers on our public websites and require your consent to identify you in your individual capacity. If you are a business customer and have requested this, your business name and phone number may be included in public directories.
- Sharing with senders and recipients of communications. The name on your account, or a portion thereof, and/or your phone number may be displayed to people that you make calls to and to other users of the services so that they may contact you. Depending on the service you’re using, you may be able to control what’s displayed by adjusting your settings within the mobile app or your customer account, or by contacting customer care at the address provided when you signed up for the services.
- ACS affiliates; business transactions. We share your information with and among our corporate affiliates in order to operate and improve the services we provide to you; and we may share your information in connection with a sale, merger, liquidation, or reorganization of our business or assets.
- Credit control. We conduct credit checks on new customers in order to control the risk of non-payment. In the event of non- or late payment, we may disclose your name, address, and other details to credit bureaus and agencies. They may use that information to assess your credit rating and provide that rating to other companies.
ACS has implemented administrative, physical, and technical safeguards to help protect the personal data that we transmit and maintain. However, no system or service can provide a 100% guarantee of security, especially a service that relies upon the public internet. Therefore, you acknowledge the risk that third parties may gain unauthorized access to your information. Keep your account password secret and please let us know immediately if you think your password was compromised. Remember, you are responsible for any activity under your account using your account password or other credentials.
3.8.1 Personal information held by ACS is stored on and processed on computers situated in the Republic of Kenya, the United Kingdom, the EEA, the United States, and other jurisdictions. We and/or our service providers also process data in some other countries for customer care, account management, and service provisioning.
3.8.2 If you are an EEA resident, your personal data held by ACS may be transferred to and stored at, destinations outside the EEA that may not be subject to equivalent data protection laws, including the United States. When you sign up for service with ACS or inquire about our services, we transfer your information to the United States and other countries as necessary to perform our agreement with you or to respond to an inquiry you make. It may also be processed by staff situated outside the EEA who work for us or for one of our suppliers.
4.2.1 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.
4.2.2 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.
- When it’s strictly necessary
These cookies and other technologies enable us to recognize you when you return to our service and to maintain your web session so you can more easily navigate the subscription process or your viewing of your call details. They are also essential for you to access secure areas of our sites, for example, to use shopping baskets or make payments.
- Google Tag Manager is a third-party service provider that allows us to manage website tags via an interface. Tags are small elements of code that are used, for example, to measure traffic and visitor behavior, to understand the effect of online advertising and social channels, to set up remarketing and orientation towards target groups, and to test and optimize websites. Google Tag Manager only implements tags. This means that no cookies are used and, as a result, no personal data is recorded. We list it here for completeness and to be transparent about the tools we use. If deactivation has been performed at a domain, page, event or 3rd party script level, this remains in place for all tracking tags if these are implemented with Google Tag Manager.
- For performance and analytics
- To enable functionality These cookies and similar technologies can tell us which language you prefer and what your communications preferences are. They can help you fill out forms on our sites more easily. They also enable customization of the layout and/or content of the pages on our sites.
- Social media cookies and widgets We use social media platforms to advertise to you online and to monitor the success of our advertising (for instance by receiving reports when you click on our ads on Facebook, LinkedIn and others). We summarize the main advertising and social media partners who drop cookies below:
- DoubleClick: Google’s Doubleclick re-targeting cookie lets us serve personalized advertising to you when you’re browsing other websites and social media platforms. You can control advertising personalization on Google and partner websites here.
- Facebook Custom Audience: This service from Facebook enables us to display personalized ads to people on our e-mail lists when they visit Facebook. We provide personal information such as your e-mail address and phone number in encrypted form to Facebook (so they cannot be seen by anyone at Facebook) to enable Facebook to determine if you are a registered account holder with Facebook.
- Twitter advertising and remarketing: We advertise on Twitter and our advertising content will be tailored to your interests on the basis of your browsing behavior and the pages you have consulted on this and other websites. In order to improve the relevance of our marketing content, the cookie may therefore transmit such data to Twitter, who will use it to understand your interests better including to benefit their other advertising customers. If you decide that you do not wish your browsing data to be collected, you can find comprehensive information on Twitter’s advertising policy and the steps you can take to protect your privacy here.
- Our websites may provide hyperlinks to other locations or websites on the Internet. These hyperlinks lead to websites published or operated by third parties who are not affiliated with or in any way related to us and have been included in our website to enhance your user experience and are presented for information purposes only.
- We do not endorse, recommend, approve or guarantee any third-party products and services by providing hyperlinks to an external website or webpage and do not have any cooperation with such third parties unless otherwise disclosed. We are not in any way responsible for the content of any externally linked website or webpage.
5.2 We shall not release any information to any individual or entity that is acting beyond its legal mandate.
5.3 Information from children. ACS does not sell products or services for purchase by children and we do not knowingly solicit or collect personal data from children or teenagers under the age of eighteen. If you believe that a minor has disclosed personal data to ACS, please contact us.
6.1 Subject to legal and contractual exceptions, you have rights under data protection laws in relation to your personal data. These are listed below: –
- Right to be informed that we are collecting personal data about you;
- Right to access personal data that we hold about you and request information about how we process it;
- Right to request that we correct your personal data where it is inaccurate or incomplete;
- Right to request that we erase your personal data noting that we may continue to retain your information if obligated by the law or entitled to do so;
- Right to object and withdraw your consent to the processing of your personal data. We may continue to process if we have a legitimate or legal reason to do so;
- Right to request restricted processing of your personal data noting that we may be entitled or legally obligated to continue processing your data and refuse your request;
- Right to request transfer of your personal data in [an electronic format].
6.2 If you wish to exercise any of the rights set out above, please contact us at email@example.com. We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests within a reasonable time. Occasionally it could take us longer if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
As a Data Controller and Processor, below are the contact details of our Data Protection Officer:
Data Protection Officer
The Trio Complex-Corporate Center, 1st Floor East Wing
P.O Box 11377, 00100 Nairobi
Tel: +254 798 067 754
You have the right to lodge a complaint with the relevant supervisory authority that is tasked with personal data protection within the Republic of Kenya
ACS shall have the right to terminate any agreement with you for failure to comply with the provisions of this statement and reject any application for information contrary to this statement.