The “Company” or “We”, operating under the brand Kifaru Loan, respects our customers (the “Customer” or “You”) and their privacy and is committed to protecting it through compliance with this policy (“Privacy Policy”). This Privacy Policy describes the types of information we may collect from you or that you may provide when you visit our website or App, and our practices for collecting, using, maintaining, protecting, and disclosing that information. This Privacy Policy and any amendments or variations thereto take effect on their date of publication.
With our Kifaru Loan App, you can use our Services and apply for a consumer loan.
By clicking on the “Loan Registration” button above, the Customer undertakes and acknowledges that he/she has read and agreed to all contents set forth in the Terms and Conditions and Privacy Policy.
General Part The Customer is required to read, understand, and agree to be bound by the content described in the Privacy Policy regarding the use of the services on the website/application.
This Privacy Policy is a legal agreement between the Customer and the Company. Before using the products and services of the Company and/or the Company’s Partner on the website/application, the Customer acknowledges and confirms that he/she agrees to comply with all the content stipulated in this Privacy Policy. When the Customer clicks on the “Loan Registration” button and/or continues to perform the steps of creating transactions and/or providing information to the Company, it is understood that the Customer has accepted to use products and services of the Company and/or its Partners based on this Privacy Policy.
“Service” refers to any product or service that the Company and/or its Partner provide to the Customer from time to time through the website/application and maintaining the Application available on Kifaru Loan site hosted by Google Play Store, OR hosted by the Application Site, once the Customer has downloaded or streamed a copy of the Application onto his/her Device.
“Partner” refers to any partner of the Company from time to time having a relationship with the Company to provide products and services to the Client through the website/application.
Commitment of the Customer The Customer undertakes to read, understand, and agree to all content and terms specified in this Privacy Policy. Accordingly, the Customer is fully aware and agrees that the information provided by the Customer when the Customer logs in, accesses, or uses the website/application or any features, processes, functions of the website/application will be actually or able to be collected, processed, transferred (including domestic and overseas), or stored as set forth in this policy.
For the purpose of complying with the Company’s internal policies and Data Protection Laws, the Customer is aware that the Company and/or its Partner will only provide the Services to persons who are eighteen (18) years of age or older, within the Republic of Kenya. Therefore, the Customer undertakes that the information provided by the Customer to the Company is correct, and the Customer meets the subjective conditions to establish transactions with the Company and/or Company’s partner. The Customer is solely responsible for the provision of information in accordance with this Privacy Policy.
The Customer is fully aware that the Customer still has the right to request the Company to suspend or permanently stop the collection, use, or transfer of all or some of the information collected from the Customer, even in the case that the Customer agrees to allow the Company to collect, use, and transfer information previously, by contacting the Company’s Customer Service for instructions.
By downloading the Kifaru Loan App, the Customer hereby consents to the collection and processing of the Customer’s personal information for legitimate business purposes, including but not limited to determining the Customer’s credit score and providing a loan. The Customer hereby certifies that all the information provided is true and correct to the best of his/her knowledge and that any misrepresentations or falsity therein will be considered an act to defraud the Company and its partners. The Customer shall endeavor to furnish and promptly update their information to maintain accuracy and completeness at all times. The Company hereby reserves the right to (in its sole discretion) suspend or terminate the Customer’s access to the Services if, in the Company’s reasonable opinion, the Customer knowingly provided information of a false, untrue, inaccurate, or incomplete nature. The Customer authorizes Kifaru Loan to verify and investigate the above statements/information as may be required, from the references provided and other reasonable sources. For this purpose, the Customer hereby waives his/her rights to the confidentiality of client information and expressly consents to the processing of any personal information and records relating to the Customer that might be obtained from third parties, including government agencies, an employer, credit bureaus, business associates, and other entities which Kifaru Loan may deem proper and sufficient in the conduct of the Customer’s business, sensitive or otherwise, for the purpose of determining the Customer’s eligibility for a loan which the Customer is applying for.
Personal Information We Collect We collect Personal Information about you. The Personal Information which we collect may be provided by you directly (for example, when you open an Account to use the Service via App, or you otherwise provide Personal Information to us) or by third parties, or be collected automatically when you use the App. We may collect information in various forms and for various purposes (including purposes permitted under Applicable Law).
To better understand your identity and evaluate your credit qualifications, we need your permission to collect the following relevant information with your consent. Your information will be encrypted and transmitted to our server (https://www.KifaruLoan.com) in a secure manner. Unless otherwise provided herein, we will not share the data we collect with any third party without your consent.
4. PERMISSION
SMS PERMISSION
Purpose of Permission: We require access to your SMS to evaluate your creditworthiness and process your loan application.
Type of Data Collected: We collect SMS messages related to your financial transactions and upload this information to our server (https://www.KifaruLoan.com) with high-level protection.
Security of Data: We will upload the collected data to our server (https://www.KifaruLoan.com) with high-level protection. We never share data with third parties without your permission.
COLLECTION OF DEVICE INFORMATION
Purpose of Permission: We may collect some of your device information, such as hardware information (including the device's operating system, Android version, IMEI number, IMSI number, MAC address, serial number, Android ID, screen size, and other hardware information) and serial number to uniquely identify the device and ensure that unauthorized devices are not acting on your behalf to prevent fraud.
Type of Data Collected: We collect hardware information (including the operating system, Android version, IMEI number, IMSI number, MAC address, serial number, Android ID, screen size, and other hardware information) and serial number, and upload this information to our server (https://www.KifaruLoan.com) with high-level protection.
Security of Data: We will upload the collected data to our server (https://www.KifaruLoan.com) with high-level protection. We never share data with third parties without your permission.
Camera Permission
Purpose of Permission: We need access to your camera to capture images of your ID card and facial information. This is necessary to verify your identity and prevent fraudulent activities during the loan application process.
Type of Data Collected: We collect images of your ID card and facial data exclusively for identity verification. These images are securely transmitted to our server for processing.
Data Security: All collected data will be securely uploaded to our server (https://api.kifaruloan.com) using advanced encryption. Your personal information will not be shared with any third parties without your explicit consent.
In such cases, we will only collect your Personal Information for or in connection with the purposes for which such third parties are engaged or the purposes of our collaboration with such third parties (as the case may be), provided that we have taken reasonable steps to ensure that such third parties would undertake to us to obtain your consent for the disclosure of your Personal Information to us in line with this Privacy Policy, Data Protection Legislation, and Applicable Law.
The Usage of Personal Information We Collect We may use the Personal Information collected for any of the following purposes as well as for such other purposes as are permitted by the Data Protection Legislation and Applicable Law:
To identify you and to register you as a user and to administer, manage or verify your Account and your credit conditions as such.
To facilitate or enable any checks as we may, in our discretion, consider necessary before we register you as a user.
To disburse loans and collect payments for the use of the Service.
To build credit models and perform credit scoring.
To comply with Applicable Law, regulations, and rules, such as those relating to “know-your-customer” and anti-money laundering requirements.
To communicate with you and to send you information in connection with the use of the App.
To notify you of any updates to the App or changes to the Service (including interest rates, Transaction Fees, etc.) available.
To process and respond to inquiries and feedback received from you.
To maintain, develop, test, enhance, and personalize the App to meet your needs and preferences as a user.
To contact you by telephone using auto-dialed or pre-recorded message calls or text (SMS) messages (if applicable) as authorized for the purposes described in this Privacy Policy and the Terms and Conditions.
To monitor and analyze user activities and demographic data, including trends and usage of the Service available on the App.
To send direct marketing communications and information on special offers or promotions.
Sharing of Personal Information We Collect By accepting this Privacy Policy, you acknowledge, understand, and agree that we may share the information collected from you:
Where required or authorized by Applicable Law (including but not limited to responding to regulatory inquiries, investigations, or directives, or complying with statutory or regulatory filing and reporting requirements), for the purposes so specified in that Applicable Law.
Where there is any form of legal proceeding between you and us, or between you and another party, in connection with, or relating to the Service, for the purposes of that legal proceeding.
In connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or into another company, for the purposes of such a transaction (even if the transaction is eventually not proceeded with).
To our employees, officers, representatives, or professional advisers who need to know such information for the purposes of exercising our rights or carrying out our obligations under or in connection with our Services.
Where we share your Personal Information with third parties (including Credit Reference Bureaus, Banks, Mobile Network Providers, collection agencies, our agents, vendors, suppliers, contractors, partners, and any others who provide services to us, perform functions on our behalf, or whom we collaborate with), for or in connection with the purposes for which such third parties are engaged or the purposes of our collaboration with such third parties (as the case may be), which may include allowing such third parties to introduce or offer products or services to you, or other conducting activities including marketing, research, analysis, and product development.
Where we share Personal Information with Affiliates, we will only do so for the purpose of them helping us to provide the App or to operate our business (including, where you have subscribed to our mailing list, for direct marketing purposes), or for the purpose of them conducting data processing on our behalf. For example, our Affiliate in another country may process and/or store your Personal Information on behalf of our group company in your country. All of our Affiliates are committed to processing the Personal Information that they receive from us in line with this Privacy Policy and Applicable Law.
Where we publish statistics relating to the use of the App and the Service, in which case all information will be aggregated and made anonymous.
When we believe in good faith that disclosure of your Personal Information is necessary to comply with Applicable Law, prevent physical harm or financial loss, report suspected illegal activity, or to investigate violations of our Terms of Use.
Storage of Personal Information The Personal Information that we collect from you may be stored at, transferred to, or processed by third-party service providers. We will use all reasonable efforts to ensure that all such third-party service providers provide a level of protection that is comparable to our commitments under this Privacy Policy.
Your Personal Information may also be stored or processed outside of your country by personnel who work for us in other countries, or by our third-party service providers, suppliers, contractors, or Affiliates, to the extent permitted under Applicable Law. In such a case, we will ensure that such Personal Information remains subject to a level of protection comparable to what is required under the Data Protection Legislation (and, in any event, in line with our commitments in this Privacy Policy).
Security of Personal Information Confidentiality of your Personal Information is of utmost importance to us. We will use all reasonable efforts to protect and secure your Personal Information against access, collection, use, or disclosure by unauthorized persons and against unlawful processing, accidental loss, destruction, and damage or similar risks. Unfortunately, the transmission of information via the Internet is not completely secure. You are and shall at all times be responsible for keeping your Account details confidential, and you must not share your password with anyone and must always maintain the security of the Mobile Device that you use at any given time. You shall be responsible for any act or omission of any user(s) that accesses your Account information that, if undertaken by you, would be deemed to be a violation of this Privacy Policy. You agree and undertake to notify us of any unauthorized access or use of your Account or password or any breach of security. You acknowledge, understand, and agree that we shall not be held liable for any loss and/or damage arising from any failure to maintain the secrecy and confidentiality of your password and all activities that transpire on or within your Account.
Data Retention As a registered reporting institution under the Proceeds of Crime and Anti-Money Laundering Act, as amended (POCAMLA), Kifaru Loan has the obligation to retain certain records for a period of at least seven (7) years from the date of the relevant transaction or following the termination of an account or business relationship with Kifaru Loan. To ensure Kifaru Loan’s ability to comply with this obligation, Kifaru Loan will retain relevant personal data associated with your account for a period of ten (10) years from the date of the closure of your Kifaru Loan account.
In some circumstances, such as when you have no outstanding credit balance with Kifaru Loan, you can ask us to close your Kifaru Loan account and delete the associated personal data (subject to Kifaru Loan record retention obligations under the POCAMLA as mentioned above): see the section on Your rights under Data Protection Laws below for further information.
In some circumstances, we will anonymize your information such that it will no longer constitute personal data. In such cases, we may use anonymized information for whatever legitimate purpose without further notice to you.
Your Rights Under Data Protection Laws You have rights under data protection laws in relation to your personal data. These include rights to:
(a) Request Correction of Your Personal Data: You may, by written notice, request us to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
(b) Request Deletion of Your Personal Data: You may, by written notice, ask us to delete personal data that we have no good reason to continue processing. You also have the right to ask us to delete your personal data for which you have successfully exercised your right to object to processing (see below), where we may process your information unlawfully or where we need to delete your personal data to comply with local law. Please note, however, that due to specific legal reasons, we may not always be able to honor your removal request, and if applicable, we will notify you when you request it. For the avoidance of doubt, we may, notwithstanding your request for deletion of your personal data, retain your personal data as required or authorized by Applicable Law and the Data Protection Legislation, as reasonably necessary on a lawful basis, or for historical, statistical, and/or research purposes. Nonetheless, we shall, to the greatest possible extent, anonymize and/or pseudonymize any personal data retained.
(c) Object to Processing of Your Personal Data: Where we are relying on a legitimate interest (or those of a third party). You also have the right, by written notice, to object to the processing of your personal data. We may, however, proceed with the processing of your personal data in accordance with the Applicable Law and Data Protection Laws in the existence of compelling legitimate interests, including but not limited to the establishment, exercise, or defense of any legal claim against you.
(d) Request the Transfer of Personal Data: We may, on receipt of a valid written request, provide you or a third party of your choice with your personal data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information for which you originally consented to our use or we use that information to contract with you.
(e) Withdrawal of Consent: You may, by written notice, withdraw consent at any time where we are relying on your consent to process your personal data. The withdrawal of consent will not affect the lawfulness or validity of any processing carried out before the withdrawal of your consent. Please note that you will not be able to access certain products or Services if you withdraw your consent.
Any queries and/or concerns may be channeled through our customer service email or online customer service, and we shall try to respond to all legitimate requests within one (1) month. If your request is particularly complex or you have made multiple requests, it may sometimes take us more than a month. In this case, we will notify you and keep you informed.
External Links Through this Privacy Policy, the Customer is fully aware that the Customer is responsible for protecting his/her account information and login password on the website/application. At the same time, the Company warns the Customer not to provide any information related to his/her account and password for the website/application as well as any other e-commerce platform. The Company is not responsible in case the Customer accesses the website/application or any unofficial link and/or is not managed, operated by the Company. In the event that the Customer discloses its information and data to these websites/applications or links, the Customer is solely responsible for the disclosure of its information and data as well as for its confidential compliance and/or privacy policies at such websites/applications or links.
Update Privacy Policy Through this Privacy Policy, the Customer agrees that We may amend this Privacy Policy at any time in accordance with our discretion and policies from time to time and will upload the modified version to the website/application. We note that the Customer needs and undertakes to check and update this Privacy Policy periodically for the latest information. Changes to this Privacy Policy take effect from the date of upload on our website/application. If We make a material change to this Privacy Policy and how We use the Customer’s Collected Information, We will upload these changes to the website/application and will use our best efforts to notify the Customer of these changes. By the Customer’s continued use of the Services after the amendment takes effect, We understand that the Customer agrees and undertakes to comply with the revised terms of this Privacy Policy.
The Customer has the right to terminate the agreement on this Privacy Policy by sending a written notice to the Company seven (7) days in advance if he/she does not agree with the amendments and supplements as set forth in this Section.