Last Updated At: 01 Jan. 2021 12:00 a.m.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions.
The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
- You means the individual accessing or using the Platform, or the company, or other legal entity on behalf of which such individual is accessing or using the Platform, as applicable.
- Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Peach, Peach Tech Limited, P.O Box 2576 – 00606, Nairobi located at Ikigai Westlands, General Mathenge Drive, Nairobi.
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of fifty percent (50%) or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Account means a unique account created for You to access our Platform or parts of our Platform.
- Website refers to Peach, accessible from https://peach-cars.com
- Platform refers to the Website.
- Country refers to: The Republic of Kenya.
- Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Platform, to provide the Platform on behalf of the Company, to perform services related to the Platform or to assist the Company in analyzing how the Platform is used.
- Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Platform.
- Personal Data is any information that relates to an identified or identifiable individual.
- Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
- Usage Data refers to data collected automatically, either generated by the use of the Platform or from the Platform infrastructure itself (for example, the duration of a page visit).
Collecting and Using Your Personal Data
Types of Data Collected
While using Our Platform, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
- First name and last name
- National Identity Card Number
- Bank Account Information
- Email address
- Phone number
- Address, State, Province, ZIP/Postal code, City
- Usage Data
How We Collect Your Data
You directly provide our Company with most of the data we collect. We collect data automatically when You use our Platform and process data when You:
- Register online or place an order for any of our products or services on the Platform.
- Voluntarily complete a customer survey or provide feedback on any of our message boards or via email.
- Use or view our website via Your browser’s cookies.
Usage Data is collected automatically when using the Platform. Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Platform that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Platform by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Platform or when You access the Platform by or through a mobile device.
How Will We Use Your Personal Data?
The Company may use Personal Data for the following purposes:
- To provide and maintain our Platform, including to monitor the usage of our Platform.
- To verify Your identity through an authentication mechanism.
- To manage Your Account: to manage Your registration as a user of the Platform. The Personal Data You provide can give You access to different functionalities of the Platform that are available to You as a registered user.
- For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Platform.
- To contact You: To contact You by email, telephone calls, SMS, whatsapp or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
- To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
- To manage Your requests: To attend and manage Your requests to Us. We may share your personal information under the following circumstances:
- With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Platform, to show advertisements to You to help support and maintain Our Platform, to contact You, to advertise on third party websites to You after You visited our Platform or for payment processing.
- For Business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of our business to another company.
- With Authentication Authorities: We may share Your information with relevant and appropriate authentication authorities in order to properly identify Your identity.
- With Business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
- With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.
Retention of Your Personal Data
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Platform, or We are legally obligated to retain this data for longer time periods.
Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
Disclosure of Your Personal Data
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
- Comply with a legal obligation
- Protect and defend the rights or property of the Company
- Prevent or investigate possible wrongdoing in connection with the Platform
- Protect the personal safety of Users of the Platform or the public
- Protect against legal liability
Your Data Protection Rights
Our Company undertakes to keep You fully informed and aware of all Your data protection rights. Every User is entitled to the following:
- The Right to Access – You have the right to request our Company for copies of your personal data. A small fee may be chargeable for this service.
- The Right to Rectification – You have the right to request that our Company correct any information You believe is inaccurate. You also have the right to request our Company to complete information You believe to be incomplete. Please note that the right to rectification cannot be used for information that is not factual (e.g. opinions).
- The Right to Erasure (“the right to be forgotten”) – Where there is no substantial reason to continue holding Your personal data You have the right to request that our Company erase such data. If our Company still requires the personal data for a valid legal or other justifiable basis these requests may be rejected.
- The Right to Restrict Processing – You have the right to request that our Company restrict the processing of Your personal data where You believe the same is not accurate. Processing can restart when the accuracy of the personal data has been verified.
- The Right to Object to Processing – You have the right to object to our Company’s processing of Your personal data. Please note that where the right to object is applicable the Company may be able to continue processing of Your personal data if it can demonstrate a compelling reason/s for doing so. Please note however that at all times You have an absolute right to stop Your personal data being used for direct marketing.
- The Right to Data Portability – You have the right to request that our Company transfer the data that we have collected to another organization, or directly to You, under certain conditions. Please note This right only applies where Your personal data is processed electronically. This does not apply to paper records or electronic data created by the Company.
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use all commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
Our Platform does not address anyone under the age of eighteen (18) We do not knowingly collect personally identifiable information from anyone under the age of eighteen (18) without the express written consent of their parent or guardian. If You are a parent or guardian and You are aware that Your child or ward has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of eighteen (18) without verification of parental or guardian consent, We shall take steps to remove that information from Our servers.
We also may limit how We collect, use, and store some of the information of Users between 13 and 18 years old. In some cases, this means We will be unable to provide certain functionality of the Platform to these users.
If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent or guardian, We may require Your parent or guardian's consent before We collect and use that information.
Links to Other Websites
We have no control over and assume no responsibility or liability for the content, privacy policies or practices of any third party sites or services.