Last update: 1st April, 2024

INTRODUCTION

Thank you for choosing to be part of our community at Artcaffe group. This Privacy Policy outlines how Artcaffe group ltd collects, uses, and protects personal information obtained through our digital assets online. We are committed to protecting the privacy and confidentiality of your personal data in compliance with applicable data protection laws and regulations. If you have any questions or concerns about our policy, or our practices with regard to your personal information, please contact us at customercare@artcaffe.co.ke. When You Visit Our Website www.artcaffemarket.co.ke and use our services, you trust us with your personal information. We take your privacy very seriously. In this privacy notice, we describe our privacy policy. We seek to explain to you in the clearest way possible what information we collect, how we use it and what rights have relation to it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this Privacy policy that you do not agree with, please discontinue use of our site and our services. This privacy policy applies to information collected throughout websites, such as www.artcaffemarket.co.ke and/or any related services, sales, marketing or events (we refer to them collectively in this privacy policy as the “Sites”). Please read this privacy policy carefully as it will help make informed decisions about sharing your personal information with us.

By accessing and using this platform, you agree to abide by the terms and conditions outlined herein. Your continued use of the site constitutes your acceptance of these terms. Please read them carefully. If you do not agree to these terms, please refrain from using this platform.

DEFINITIONS

“You (r)” refers to customers, clients, and suppliers.
“Artcaffe Group”, “us”, “we”, “our” means the entities forming part of Artcaffe Coffee & Bakery.
“Personal Data” means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, by reference to an identifier such as a name, an identification number, location data, CCTV footage, e-mail address, telephone number, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
“Data Protection Law” means the Data Protection Act, No. 24 of 2019, and its attendant regulations.
“Third Party (ies)” means a natural or legal person, public authority, agency, or body who is authorized to process Personal Data under our direct authority.
Lawful basis for Processing Personal Data

We will collect and process your Personal Data in accordance with the principles below:

The performance of a Product/Service Agreement with you.
Our legitimate business interests such as processing your orders, managing payments, to recover debts and to study how our customers enjoy our products/services.
Compliance with a mandatory legal obligation such as tax and financial reporting requirements such as those stipulated in the Proceeds of Crime and Anti-Money Laundering Act, No. 9 of 2009 as amended from time to time.
Consent you provide.
Public interest such as health and security purposes.
Your vital interest or those of a third party and your interests and fundamental rights do not override those interests. From time to time, we may ask you for your written consent to allow us to process certain types of Personal Data for marketing and promotional purposes (section 9 below) and any other commercial purpose which we will communicate to you. If we do so, we will provide you with full details of the information that we would like and the reason we need it, so that you can carefully consider whether you wish to consent. It is not a condition of our service provision that you agree to any request for consent from us.

WHAT INFORMATION DO WE COLLECT?

We collect personal information that you provide to us such as name, address, contact information, payment information, and social media login data. We collect personal information that voluntarily provides to us when expressing an interest in obtaining information about us or our products and services, when participating in activities on the Site (such as posting messages in our online forums or entering competitions, events or giveaways) or otherwise contacting us. The personal information that we collect depends on the context of your interactions with us and the Sites, the choices you make and the products and features used. The Personal Information we collect can include the following:

Name and Contact Data: We collect Your first and Last name, email address, postal address, phone number, and other similar contact data. All personal information that you provide to us must be true, complete and accurate, and most you notify of any changes to such personal information.

Information automatically collected: Some information, such as IP address and/or browser device characteristics, is collected automatically when you visit our website. We automatically collect certain information when you visit, use or navigate the Sites. This Information Does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Site and other technical information. This information is primarily needed to maintain the security and operation of our Sites, and for our internal analytics and reporting purposes. Like many businesses, we also collect information through cookies and similar technologies.

Information collected from other Sources: We may collect limited data from public databases, marketing partners, social media platforms, and other outside sources. We may obtain information from other sources, such as public databases; joint marketing partners, social media platforms (such as Facebook), as well as from other third parties. Examples of the information we receive from other sources include: social media profile information (your name, gender, birthday, email, current city, state and country, user identification numbers for your contacts, profile picture URL and any other information that choose to make public); marketing leads and search results and links, including paid listings (such as sponsored links).

COOKIES

a) What are cookies?

A cookie is a small file which stores text-based data about a user’s visit to a website; it is accessed by the website each time that a user re-visits. These files are stored on your computer or mobile/tablet devices or on the hard drive of these devices. It is created on your device(s) each time you visit a website that uses cookies. They are often necessary to ensure a good user experience by, for instance, providing relevant information about a user’s experience, preferences, and interests. Cookies on any website tend to be required for basic use e.g., login data and analytics or on a more complex basis. For further details about cookies, how they are used and how they can be deleted or disabled, you can visit https://allaboutcookies.org/

b) How do we use them?

Our website uses cookies to distinguish you from other users and to provide improved functionality when you are browsing. Unless you have adjusted your browser settings to disallow cookies, our systems will issue cookies where necessary to enable efficient functionality and service. If you have switched off your cookies, please be aware that some of the functionality of the website may not work as seamlessly as you may expect. The cookies that we use only collect anonymized information, however, not all the cookies on our websites are set by us. Please see the section 7 below on third party cookies.

c) What cookies do we use?

The cookies on our website are generally functional and analytical cookies. Analytical cookies allow us to track and recognize visitors browsing the website, and to see what they are interested in. This data is classified as anonymous demographic data. Functional cookies, on the other hand, relate to the functionality of our websites and allow us to improve the service we offer you online.

d) Where can I find more information, and how do I turn cookies off or delete cookies?

Most cookies can be blocked by activating a setting in your browser which allows you to opt in/out of some or all cookies. It is worth noting, however, that if you choose to block all cookies, you may not be able to access parts of our website and may therefore have an inefficient experience when trying to access certain pages. To delete the stored cookies from your device, you may need to refer to your browser settings or handset manual.

PURPOSE OF DATA COLLECTION

We collect and process your personal data for the following purposes:

Providing Wi-Fi access service
Analyzing user demographics, behavior, and preferences
Improving our services
Conducting marketing analysis
Personalizing your experience

HOW DO WE USE YOUR INFORMATION?

We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent. We use personal information collected via our Sites for a variety of business purposes described below. We process your personal information for these purposes reliance nor legitimate business interests (“Business Purposes”), in order to enter into or perform a contract with you (“Contractual”), with your consent (“Consent”), and/or for compliance with our legal obligations (“Legal Reasons”). We indicate the specific processing grounds we rely on next to each purpose listed below.

We use the information we collect or receive in the following ways:

• To send marketing and Promotional Communications [for Business Purposes and/or with your Consent]. We and/or our third-party marketing partners may use the personal information sent to us for our marketing purposes, if this is in accordance with your marketing preferences. You can opt-out of our marketing emails at any time (see the “Your Privacy Rights” below).
To send administrative information to you [for Business Purposes, Legal Reasons and/or possibly Contractual]. We may use your personal information to send you product, service and feature information and/or information about changes to our terms, conditions, and policies.
• To post testimonials [with your Consent]. We post testimonials on our Sites that may contain personal information. Prior to posting a testimonial, we will obtain your consent to use your name and testimonial. If you wish to update, or delete your testimonial, please contact us at customercare@artcaffe.co.ke and be sure to include your name, testimonial location, and contact information.
• Deliver Targeted Advertising To You [for our Business Purposes and/or with your Consent]. We may use your information to develop and display content and advertising (and work with third parties who do so) tailored to your interest and/or location and to measure its effectiveness. [For More Information, see our Cookie Policy].
• Administer prize draws and competitions [for our Business Purposes and/or with your Consent]. We may use your information to administer prize draws and competitions when participating in competitions.
Request Feedback [for our Business Purposes and/or with your Consent]. We may use your information to request feedback and to contact you about your use of our Sites.
• To protect our Sites [for Business Purposes and/or Legal Reasons]. We may use your information as part of our efforts to keep our Sites safe and secure (for example, for fraud monitoring and prevention).
• To enforce our terms, conditions, and policies [for Business Purposes, Legal Reasons and/or possibly Contractual].
• To respond to legal requests and prevent harm [for Legal Reasons]. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.
• For other Business Purposes. We may use your information for other Business Purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Sites, products, services, marketing and your experience.

WILL YOUR INFORMATION BE SHARED WITH ANYONE?

We only share information with your consent, to comply with laws, to protect your rights, or to fulfill “our” business obligations. We only share and disclose your information in the following situations:

Compliance with Laws. We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to court order or a subpoena (including response to public authorities to meet national security or law enforcement requirements).
Vital Interests and Legal Rights. We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.
Vendors, Consultants and Other Third-Party Service Providers. We may share your data with third-party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include: payment processing, data analysis, email delivery, hosting services, customer service, and marketing efforts. We may allow selected third parties to use tracking technology on the Sites, which will enable them to collect data about how to interact with the Site over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand online activity. Unless described in this Policy, we don’t share, sell, rent or trade any of your information with third parties for their promotional purposes.
Business Transfers. We may share or transfer your 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.
Third-Party Advertisers. We may use third-party advertising companies to serve ads when you visit the Sites. These companies may use information about your visits to our Website(s) and other websites that are contained in web cookies and other tracking technologies in order to provide advertisements about goods and services of interest to you.
Affiliates. We may share your information with our affiliates, in which case we will require those affiliates to honor this privacy policy. Affiliates include our parent company and any subsidiaries, joint venture partners, or other companies that we control or that are under common control with us.
Business Partners. We may share your information with our business partners to offer certain products, services, or promotions.
With your Consent. We may disclose your personal information for any other purpose with your consent.
Other Users. When you share personal information (for example, by posting comments, contributions, or other content to the Sites) or otherwise interact with public areas of the Site, such personal information may be viewed by all users and may be publicly distributed outside the Site in perpetuity.

TRANSFER OF DATA

Your information and Personal Data, including sensitive Personal Data, may be transferred to — and maintained on — computers and/or servers located outside of Kenya. The processing of sensitive Personal Data out of Kenya shall only be affected by us upon obtaining your consent and with confirmation that there are appropriate safeguards in place to guard the integrity of your data. We always maintain the highest standards of security and cybersecurity safeguards whilst handling your Personal Data. If you are located outside Kenya and choose to provide information to us, please note that we transfer the data, including Personal Data, to Kenya and process it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

Where we transfer your Personal Data out of Kenya, we ensure a similar degree of protection is afforded to it by ensuring that there are appropriate safeguards in place with respect to the security and protection of your Personal Data. Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of Kenya.

Please note that if our business is acquired or merged with another company, your information may be transferred to the new owners.

WHAT IS OUR STANCE ON THIRD-PARTY WEBSITES?

We are not responsible for the safety of any information that you share with third-party providers who advertise, but are not affiliated with, our websites. The Sites may contain advertisements from third parties that are not affiliated with us and which may link to other websites, online services, or mobile applications. We cannot guarantee the safety and privacy of data you provide to any third parties. Any data collected by third parties is not covered by this privacy policy. We are not responsible for the content or privacy and security practices and policies of any third parties, including other websites, services, or applications that may be linked to from Sites. You should review the policies of such third parties and contact them directly to respond to your questions.

HOW LONG DO WE KEEP YOUR INFORMATION?

We keep your information for as long as necessary to fulfill the purposes outlined in this privacy policy unless otherwise required by law. We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy policy, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). The Data Protection Bill provides that an agency that holds personal information shall not keep that information for longer than is provided under any law or required for the purposes for which the information may lawfully be used. Exceptions to this requirement are as follows:

• Where the data subject has consented to the retention of his/her information.
The retention of the information is authorized by law.
• The retention of the data is reasonably necessary for a lawful purpose related to a functional activity.
• The retention of the data is required by virtue of a contract between the parties to the contract.
• When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

HOW DO WE KEEP YOUR INFORMATION SAFE?

The Company may take measures such as storing the personal in an encrypted form to protect against unauthorized access or processing, especially if the loss of the personal data is reasonably likely to occur and would cause damage or distress to the Company’s customers.

We aim to protect your personal information through a system of organizational and technical security measures. We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, please also remember that we cannot guarantee that the internet itself is 100% secure. Although we will do our best to protect your personal information, transmission of personal information to and from our Sites is at your own risk. You should only access the services within a secure environment.

DO WE COLLECT INFORMATION FROM MINORS?

We do not knowingly collect data from or market to children under 18 years of age. We do not knowingly solicit data from or market to children under 18 years of age. By using the Sites, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Site. If we learn that personal information from users less than 18 years of age has been collected, we will take steps to delete such information. If you become aware of any data we have collected for children under age 18, please contact us at customercare@artcaffe.co.ke.

WHAT ARE YOUR PRIVACY RIGHTS?

You may review, change, or terminate your account at any time. You have certain rights under applicable data protection laws. These may include the right:

• To request access and obtain a copy of your personal information.
• To request rectification or erasure.
• To restrict the processing of your personal information.
• If applicable, to data portability.

In certain circumstances, you may also have the right to object to the processing of your personal information. To make such a request, please use the contact details provided below. We will consider and act upon a request in accordance with applicable data protection laws. If we are relying on your consent to process your personal information, you have the right to withdraw your consent at any time. Please note however that this will not affect the lawfulness of processing before its withdrawal. If you are resident in the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

You may at any time review or change the information in your account or terminate your account by:

• Logging into your account settings and updating your account.
• Contacting us using the contact information provided below.

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use, and/or comply with legal requirements.

Opting out of email marketing: You can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below. You will then be removed from the marketing email list – however, we will still need to send you service-related emails that are necessary for the administration and use of your account. You can also opt-out by:

Noting your preferences at the time you register your account with the Sites.
Logging into your account settings and updating your preferences.
Contacting us using the contact information provided below.

DO WE MAKE UPDATES TO THIS POLICY?

Yes, we will update this policy as necessary to stay compliant with relevant laws. We may update this privacy policy from time to time. The updated version will be indicated by an updated "Revised" date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy policy, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy policy frequently to be informed of how we are protecting your information.

By accessing our Wi-Fi Analytics Service, you acknowledge that you have read, understood, and agree to the terms of this Privacy Policy. If you do not agree with any part of this Privacy Policy, please do not access our Wi-Fi network.

HOW CAN YOU CONTACT US ABOUT THIS POLICY?

If you have questions or comments about this policy, email us at customercare@artcaffe.co.ke.