Acceptance of Agreement
You agree to the terms and conditions outlined in this Agreement (“Agreement”) with respect to our BOOKKEEPA Website and App (the “Website, Site and App or Application”). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site and App, the content, products or services provided by or through the Site and App, and the subject matter of this Agreement. This Agreement may be amended by us at any time and from time to time without specific notice to you.
BOOKKEEPA Solutions Ltd, BOOKKEEPA or “us” or “our” provides the following terms & conditions and our privacy practices regarding information collected, used and shared by us at www.bookkeepa.co.ke (“Site”), and other BOOKKEEPA interactive and mobile applications (collectively, “BOOKKEEPA applications.”)
Each time that you access or use BOOKKEEPA Websites or applications you signify that you have read, understood, and agreed to be bound by this agreement. If you do not agree you must discontinue using the BOOKKEEPA Website and applications.
At BOOKKEEPA, we recognize that consumers are concerned about the privacy of their personal information. We take this seriously and we would like you to understand why we ask for your personal information, what information we collect and what information we share. We urge you to read this agreement carefully.
2.Why We Ask You for Your Personal Information
We ask you for your personal information for the following purposes:
- To facilitate the provision of the products and services you purchase or request from us.
- Processing products and services, you have bought from us or third parties on our e-commerce platforms.
- Billing you for using our products and services or those of third parties.
- To provide you with information and offers on BOOKKEEPA products and services, that we believe may be of interest to you.
- To enable BOOKKEEPA affiliated companies to provide you with information on their products and services.
- To comply with the law.
- To respond to any of your queries or concerns.
- To verify your identity and information through publicly available and/or restricted government databases in order to comply with applicable regulatory requirements.
- For the purposes set forth in this agreement.
- Carrying out credit checks and credit scoring.
- Keeping you informed generally about new products and services and contacting you with offers and promotions based on how you use our third-party products and services unless you opt-out of receiving such marketing messages. (You may contact us at any time to opt-out of receiving marketing messages).
- To comply with any legal, governmental, or regulatory requirement or for use by our lawyers in connection with any legal proceedings.
- In business practices including quality control, training, and ensuring effective systems operations.
- To protect our systems including managing the volume of transactions and operations on our system.
- To understand how you use our applications for purposes of developing or improving products and services.
- Preventing and detecting fraud or other crimes and for debt recovery.
- For research, statistical, survey, and other scientific or business purposes.
- Provide aggregated data (which does not contain any information that may identify you as an individual) to third parties for research and specific purpose.
- Administer any of our platforms. (Sites and apps)
3. Information We Collect
Information You Provide: If you choose to order products or services from us you will have to provide us with certain information, including personal information such as your name, mailing and/or e-mail address, phone number, business name, bank account details, money transfer information, credit or debit card information. We may also obtain information about your transactions with us and/or our affiliated companies.
- Provide identifying features to personalize your experience when you return to our BOOKKEEPA Applications.
- Deliver relevant content based on your preferences;
- Monitor and evaluate the use and operation of our BOOKKEEPA Applications.
- Analyze the traffic on our BOOKKEEPA Applications and the applications of third parties and track your usage prior to, or after visiting the BOOKKEEPA Applications.
Usage Information collected from your interaction with BOOKKEEPA Applications might be combined with personal information that third-party service providers have collected from other sources. We do not have access to, nor control over, third parties. You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off such cookies through your browser settings. Each browser is different, so look at your browser Help menu often contains the correct way to modify your cookies. If you choose to disable cookies on your Device, some features of the BOOKKEEPA Applications may not function properly.
Sensitive (Special Categories) Data
We may collect special categories of personal data about you. We will rely on any of the legal basis provided in clause 3.5(Legal Basis) below for such collection.
Security of Information collected: We are strongly committed to protecting your information and ensuring that your choices are honored. We have strong security measures to protect your data from misuse, unauthorized access, disclosure, alteration or destruction. All sensistive data is stored behind multiple firewalls on secure servers with restricted employee access. We guarantee that all e-commerce transactions follow the latest and security measures available technologies.
Lawful Basis for processing your information.
We will process your personal information based on any of the lawful basis provided under the Data Protection Law:
- The performance of a product/service agreement with you,
- BOOKKEEPA Solutions Ltd. Legitimate business interests
- Compliance with a mandatory legal obligation
- Consent you provide
- Public interest
- Your vital interest
4. Contacting You
In connection with a particular activity, enquiry, sign-up, or purchase of product or service, you may provide your contact information, including an email address or telephone number, and you agree that this action constitutes a purchase or inquiry establishing a business relationship with us. You expressly consent to our communicating with you about BOOKKEEPA using the information you provided to us. You also attest that you have the legal authority over any telephone number you provide to us and can provide us with the authorization to contact you. This means we may contact you, in person or by recorded message, by e-mail, telephone and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, or any other means of communication that your wireless or other telecommunications device may be capable of receiving. (NEED TO BE CLEAR ABOUT THIS DUE TO CRIMINAL SCAMS IN KENYA)
5. Use and Sharing of Your Information
If you provide information to us, we may use such information for the purposes of:
- Collecting payment and processing your order;
- Complying with our legal and regulatory obligations (including fraud prevention and anti-money laundering);
- Complying with our obligations to third parties in accordance with the terms and conditions of their services being provided on our behalf or directly to you;
- Keeping you informed of other BOOKKEEPA or third parties’ products or services that might be of interest to you;
- Ensuring that content from the BOOKKEEPA Applications is presented in the most effective manner for you and for the Device you use.
Transactional Communications: We may use your personal information to contact you about products and services or BOOKKEEPA Applications for which you have expressed an interest, for example, if you have contacted us or made an inquiry. We may send you announcements and emails about the products and services you purchased from us and anything else that we deem to be of interest to you.
Electronic Promotional Messages: We may send you promotional emails regarding special offers about BOOKKEEPA products and services or products and services on behalf of third-party marketing partners who we think can offer products, services, or content of interest to you. If you do not wish to receive information from us regarding special promotions or offers you can opt-out of receipt of such promotional mailings you can contact us per the contact information below. You may also click the unsubscribe link in the footer of any marketing email. Please note that even if you opt-out of receiving promotional emails, we may continue to send you transactional notifications that are related to your account, orders, or other products or services you have requested.
Direct Mail Promotional Offers: We may use your name and mailing address which we obtain from you with BOOKKEEPA and its affiliated companies, so they can provide marketing offers to you through direct mail. If you prefer not to have your name and mailing address shared with BOOKKEEPA and its affiliated companies for the purpose of third-party direct mail promotional messages you can contact us per the contact information below. Please note that even if you opt-out of receiving promotional mail, we may continue to send you transactional notifications in the mail that are related to your account, orders, or other products or services you have requested. You may be required to opt-in or give any other form of explicit consent before receiving marketing messages from us.
Where you opt-out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product or a service already taken up or applicable transactions.
Research and Analysis: We may process usage data and/or transaction data for the purposes of researching and analysing the use of our website and services, as well as researching and analysing other interactions with our business. This may be done for our legitimate interests, namely monitoring, supporting, improving and securing our website, services and business generally.
Record Keeping: We may process your personal data for the purposes of creating and maintaining our databases, back-up copies of our databases and our business records generally. This to ensure that We have access to all the information We need to properly and efficiently run our business in accordance with this policy
Security: We may process your personal data for the purposes of security and the prevention of fraud and other criminal activity. This may be done to ensure the protection of our website, services and business, and the protection of others.
Legal Claims:– We may process your personal data where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.
Legal Compliance and Vital Interests: We may also process your personal data where such processing is necessary for compliance with a legal obligation to which we are subject or in order to protect your vital interests or the vital interests of another natural person.
Feedback: All comments, feedback, or materials submitted by you to BOOKKEEPA including feedback, testimonials, images, reviews, questions, comments, suggestions, or ideas (collectively, “Feedback”), shall be received and treated by us on a non-confidential and unrestricted basis. BOOKKEEPA will be free to use, display, perform, distribute, copy, adapt, and promote, in any medium now known or later developed, without compensation to you, the Feedback along with all ideas, concepts, know-how, techniques or methodologies contained in such Feedback, for any purpose whatsoever, including without limitation, developing, marketing and selling products and services incorporating such Feedback. You agree that in submitting Feedback, it will not violate any right of any third party, including any confidentiality, copyright, trademark, privacy, or other personal or intellectual property or proprietary rights, and will not cause injury to any person or entity. You further agree that no Feedback you submit will be or contain libelous or otherwise unlawful, threatening, abusive, or obscene material, or contain viruses, commercial solicitations, or any form of “spam”.
Service Providers: We use third-party service providers to help us operate our business and the BOOKKEEPA applications and administer activities on our behalf. We may share your information with these third parties for those limited purposes.
6. Accessing Your Personal Information
If you want to review or verify personal information that you have provided to us you can contact us, per the contact information below, and we will respond to your request as soon as possible. There also may be instances where we will not be able to provide the personal information, we hold about you that you request where such information has already been destroyed due to legal requirements or because we no longer need it. Furthermore, such information may not be shared with you where compliance with your request is too costly, in our determination, to retrieve or where BOOKKEEPA cannot disclose the requested information for legal reasons. If we are unable to provide you with access to your personal information, we will always explain why compliance is not possible, when such explanations are legally permitted. Keep in mind that if you wish to have your personal information deleted, we may not be able to honor your request due to applicable laws and regulations.
7. Keeping Your Personal Information Accurate
Retention of information
We will only retain your personal data in as much as it is necessary to fulfill the purpose for which we obtained it. Including satisfying legal regulatory, tax, accounting, or reporting requirements. We retain your data for longer periods especially in the event of a complaint or if we reasonably believe there is a prospect of litigation to our relationship with you.
The duration of time we retain your personal data is dependent on the potential risk of harm from unauthorized use or disclosure of your personal data and the need to comply with our internal policy and applicable legal, regulatory tax accounting, or other requirements.
The content, organization, videos, quizzes, notes, graphics, design, compilation, magnetic translation, digital conversion, and other matters related to the Site and App are protected under applicable copyrights, trademarks, registered trademarks, and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use, or publication by you of any such matters or any part of the Site and App, except as allowed is strictly prohibited. You do not acquire ownership rights to any content, document, or other materials viewed through the Site and App. The posting of information or materials on the Site and App does not constitute a waiver of any right in such information and materials.
9. Limited Right to Use
The viewing, printing, or downloading of any content, graphic, form, or document from the Site and App grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form, or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
10. Editing, Deleting, and Modification
We reserve the right in our sole discretion to edit or delete any documents, information, or other content appearing on the Site and App, including this Agreement, without further notice to users of the Site and App.
11. Use of Information
You represent and warrant that if you are purchasing something from BOOKKEEPA that (i) any credit card information you supply is true, correct, and complete, (i) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes.
13. Links to Other Web Site and Apps
The Site and App may contain links to other Web Site and Apps. We are not responsible for the content, accuracy or opinions express in such Web Site and Apps, and such Web Site and Apps are not investigated, monitored, or checked for accuracy or completeness by us. Inclusion of any linked Web Site and App on our Site and App does not imply approval or endorsement of the linked Website and App by us. If you decide to leave our Site and App and access these third-party Sites and Apps, you do so at your own risk.
We take reasonable steps to maintain the accuracy of your personal information for as long as it is being used for the purposes set out in this Agreement, and you play an active role in keeping us up-to-date. Prompt notification of any changes, for example to your mailing address or telephone number, will help us provide you with the best possible service. Should you discover, upon review of your personal information, that amendments are required, please advise us.
14. Important Disclosures, Practices
Disclosure of information
Any disclosure of your information shall be in accordance with applicable law and regulation. We shall not release any information to any individual or entity that is acting beyond its legal mandate.
EU and EEA User Rights: If you are habitually located in the European Union or European Economic Area, you have the right to access, rectify, download or erase information, as well as the right to restrict and object to certain processing of your information. While these righs apply generally, certain rights apply only in certain limited cirmcumstances. We describe these rights below.
You have the right to access your personal data and if necessary, have it amended and deleted or restricted. In certain instances, you may have the right to the portability of your data. You may also ask us not to send marketing communications and not to use your personal data when we carry out profiling for direct marketing purposes. You can also opt out of receiving email newsletters and other marketing communications by following the opt out instructions provided by you in those emails. Transcational account messages will be unaffected if you opt out from marketing communications
All suggestions, ideas, notes, concepts and other information you may from time to time send to us (collectively, “Submissions”) shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.
16. Limitation of Liability
You agree to indemnify, defend and hold us and our partners, attorneys, staff, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site and App. To the fullest extent permitted by law, we expressly disclaim, and you agree not to hold us responsible for, any losses, damages, injuries, claims or other liability of any kind, whether in contract, tort, strict liability or otherwise, for any direct, indirect, incidental, consequential, punitive or special damages, arising out of or in any way connected with your accessing or using or inability to access or use all or any part of any of our Website and Apps or any of the content, or your reliance on such Website and App and/or content, or any failure of performance, error, interruption, defect, delay in transmission, computer viruses or other harmful components or content, or line or system failure associated with such Website and App and/or content, regardless of our negligence and/or knowledge thereof in any event, the above parties’ liability to you for any and all losses, damages, injuries and claims of any kind, whether in contract, tort, strict liability or otherwise, will not exceed the price of any products purchased.
No Rights of Third Parties:
18. Data Protection Officer:
Our data protection officer’s contact details are: [Email address and other address details]
19. Contact Us