Introduction

We are LACHLAN KENYA LIMITED (“LACHLAN”), a limited liability company incorporated in the Republic of Kenya and of P.O. Box 49470 – 00100 Nairobi. You may contact LACHLAN at info@lachlanafrica.com in relation to any access request, questions, or inquiries about how LACHLAN uses your Personal Information (defined below).

At LACHLAN, we take privacy of the information that you share with us very seriously. LACHLAN is committed to safeguarding the privacy of our Users (defined below). This Privacy Policy explains the Personal Information (defined below) which we collect from you, the reasons why we collect it, and how we handle it and what we do with it.

Objective

The objective of this Privacy Policy is to describe your privacy rights in relation to how we collect, when we collect, how we use, how we store, how we handle, how we share and how we protect your Personal Information shared with LACHLAN across our Website and all related sites, Platforms, APIs, Apps, email notifications and tools regardless of how you use or access them. This Privacy Policy is applicable to all of the Website, Apps and Platforms offered by LACHLAN (“Services”).

Definition

Our Privacy Principles

In line with the data protection laws, LACHLAN is guided by the following Privacy Principles:

• You are in control of your information

All Personal Information is processed in accordance with your right to privacy. It will be processed in a lawful, fair and transparent manner.

• We only collect information that we need

All Personal Information is collected for an explicit, specific and legitimate purpose and not further processed in a manner incompatible with the purpose. All the Personal Information that we collect is adequate, relevant and limited to what is necessary in relation to the purposes for which it is processed. We keep Personal Information in a form which identifies the data subjects for no longer than is necessary for the purpose which it was collected.

• Transparency and accountability

We provide a valid explanation for the collection of Personal Information while maintaining its accuracy at all times. Where necessary, we update the Personal Information, and take measures to ensure that any inaccurate Personal Information is erased or rectified without delay.

• Data Transfer

We ensure that any transfer of Personal Information to third parties is done in compliance with applicable data protection laws.

• Data Retention

We ensure that Personal Information is retained for the period necessary to fulfill the purposes for which it was collected, and deleted when it is no longer needed, unless a longer retention period is required by law.

Personal Information We May Collect About You

We may collect, use, process, store or transfer Personal Information such as:

• Identity Data

This includes information such as your full name (s), your mobile phone number, government-issued identity number, KRA PIN, bank verification number (BVN) and your date of birth. This data is collected to enable us to verify your identity, which is essential for us to offer our Services to you.

• Contact details

This includes your contact address, email address, telephone number, mobile phone number, your social media accounts i.e. Twitter, IG, LinkedIN, Facebook, TikTok, details of the device you use and billing details. This is data that is needed to reach out to you.

• Location data

Certain modules within our Apps may utilize background services, including location tracking, to enhance user experience and provide optimized online functionality.

• Eligibility data

This includes your passport or any government-issued identity card, a photograph (if applicable), business documents (certificate of incorporation, CR12, CR8, CR1) and any other registration information you may provide to prove you and your business are eligible to use our Services.

• Business Data

This includes business name, business contact details, business location, business documents including Certificate of Incorporation, Certificate of Business Registration, CR12, CR1, CR8, KRA Pin certificate, email address, names and contact information of Directors and Shareholders, Physical and postal address, business paybill, till, shortcode and bank account number.

• Technical information

Upon accessing the Services, our servers automatically record information that your browser/ Phone sends, links/ app pages you have clicked on/ opened, length of visit on certain pages, unique device identifier, log-in information, location, phone model, phone type and other device information.

• Financial information 

This is information such as bank account number, business name and location, business account number, business paybill, business till, the date, the total amount of transaction and other information that you provide or that is provided by financial institutions or businesses when we act on their behalf.

• Transactional information

This is information relating to a payment when you as a merchant/ business (in using one or more of our Services, Apps and Websites) or as a customer, are using our products or services. This includes transactions, account balances, volume and value of transactions, disbursement recipient details.

• Marketing and Communications Data

This data includes both a record of your decision to subscribe or to withdraw from receiving marketing materials from us or from our third parties.

• Records of your discussions with us, if we contact you and if you contact us

We may also collect, store, use and transfer non-personal information or anonymized data such as statistical or demographic data. LACHLAN does not collect any Special Personal Information. In the event that we do collect Special Personal Information, we will ensure compliance with applicable law.

This Privacy Policy applies to our Services only. LACHLAN does not have control over the sites displayed or linked from within our Services. These other sites may place their own cookies, plug-ins or other files on your computer, collect data or solicit personal information from you. LACHLAN does not control these third-party websites and we are not responsible for their privacy statements. Please consult such third parties’ privacy statements to understand how your personal information is protected.

HOW and WHY we get your Personal Information

The Personal Information we have about you is acquired when you sign up for a LACHLAN Account; use any of our Services; contact our customer support team; fill our online forms; and contact us.

The lawful basis we rely on for processing your Personal Information are:

• Your Consent

When you use our Services, you consent to us collecting your Personal Information for the purposes outlined.

• We have a contractual obligation

To fulfil our contractual obligations to you, we require your Personal Information. Without it, we cannot provide our Services to you.

• We have a legal obligation

We are legally obligated to collect and store your Personal Information to ensure compliance with with all applicable financial rules, laws and regulations such as the Anti-Money Laundering and Counter Terrorist Financing Laws. We verify your identity to protect LACHLAN from engaging in fraudulent activities.

• Protection of vital interests or others

We may process your Personal Information to protect your vital interests or those of other individuals.

• Public interest

We may process your Personal Information in the public interest when required or permitted by law.

• Pursuit of our legitimate interests

We may process your Personal Information to pursue our legitimate interests, provided that these interests do not override or prejudice your fundamental rights and freedoms.

How We May Use Your Personal Information

We may use your Personal Information we collect to:

• Create and manage any accounts you may have with us, verify your identity, provide our services, and respond to your inquiries;
• Process your payment transactions (including authorization, clearing, chargebacks and other related dispute resolution activities);
• Bill you for using our services on the platform;
• Protect against and prevent fraud, unauthorized transactions, claims and other liabilities;
• Provide, administer and communicate with you about products, services, offers, programs and promotions of LACHLAN, financial institutions, merchants and partners. You may opt out of this communication;
• Evaluate and improve our business, including developing new products and services;
• To target advertisements, newsletter and service updates;
• As necessary to establish, exercise and defend legal rights;
• Verify your identity through publicly available and/or restricted government databases in order to comply with applicable regulatory requirements
• As may be required by applicable laws and regulations, including for compliance with Know Your Customers (KYC) and risk assessment, Anti-Money Laundering (AML), anti-corruption and sanctions screening requirements, or as requested by any judicial process, law enforcement or governmental agency having or claiming jurisdiction over LACHLAN.
• To use data analytics to improve our Website, App, products or services, and user experiences;
• For other purposes for which we provide specific notice at the time of collection.

Data Security

The security of your Personal Information is important to LACHLAN. We are committed to protecting the information we collect. We maintain administrative, technical and physical controls designed to protect the Personal Information you provide, or we collect against loss or theft, as well as against any unauthorized access, risk of loss, disclosure, copying, misuse or modification.

Other security measures include but not limited to, secure servers, firewall, data encryption and granting access only to authorized employees in order to fulfil their job responsibilities.

Where you use a password or PIN for any of your Accounts, please ensure you do not share this with anyone, and the password or PIN is kept confidential at all times.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of your Personal Information is protected and maintained. Transmitting information online is not entirely secure. As such, we cannot guarantee that all information provided online is secure. We would take all reasonable steps to ensure that your Personal Information is secured and well protected.

Data Retention

We will only retain personal information on our servers for as long as is reasonably necessary as long as we are providing Services to you. Where you close your Account, your information is stored on our servers to the extent necessary to comply with regulatory obligations and for the purpose of fraud monitoring, detection and prevention. Where we retain your Personal Information, we do so in compliance with limitation periods under the applicable law.

Disclosing Your Personal Information

We may disclose or share your Personal Information with:

• Internal Third Parties

LACHLAN may disclose your Personal Information to third parties in the course of legitimate activities relating to the Services with appropriate safeguards and on condition that the processing relates solely to the members of the body or to persons who have regular contact. They include our Affiliates, employees, officers, agents, suppliers, subcontractors as may be reasonably necessary for the purposes set out in this Privacy Policy.

• External Third Parties

LACHLAN may engage the services of third party service providers in order to process the Personal Information of the Users collected by LACHLAN. The processing by such service providers shall be governed by a written contract with LACHLAN to ensure adequate protection and security measures are put in place by the service provider for the protection of Personal Information in accordance with the terms of this Privacy Policy.

LACHLAN only shares Personal Information with external third parties in the following limited circumstances:

• we have your consent to share the Personal Information;
• the sharing relates to Personal Information data which you have manifestly made public;
• sharing is necessary for the establishment, exercise or defence of a legal claim;
• the purpose of carrying out LACHLAN’s obligations or exercising its specific rights;
• sharing the Personal Information is necessary for the purpose of carrying out your obligations or exercising your specific rights; and
• sharing is necessary for protecting your vital interests or those of another person where you are physically or legally incapable of giving consent.

If LACHLAN becomes involved in a merger, acquisition, or any form of sale of some or all of its assets, we will provide notice before personal information is transferred and becomes subject to a different Privacy Policy.

Marketing

LACHLAN may process your Personal Information in order to contact you or send you marketing content and communication about our Services, products or surveys. You may exercise your right to object to such contact from us or opt out from the marketing content. Please note however that if you opt-out of marketing content, we may still send you messages relating to transactions and our Services related to our ongoing business relationship.

With your consent or where authorized under any written law (having informed you of such use), LACHLAN may use your Personal Information for commercial purposes such as direct marketing. When using your Personal Information for such purposes, LACHLAN shall to the extent possible anonymise the Personal Information in such a way as to ensure that you are no longer identifiable.

We may ask you for permission to send notifications to you. Our Services will still work if you do not grant us consent to send you marketing content and communication about our Services.

Your Data Protection Rights and Choices

Subject to your location and applicable laws, below are the rights you have as a user in relation to your Personal Information:

• the right to be informed – to be informed of the use to which your Personal Information is to be put;
• the right to to access your Personal Information in custody of LACHLAN;
• the right to object to the processing of your Personal Information for marketing purposes, by opting out via the unsubscribe link in marketing emails we send you, or by contacting us using the contact information provided in the Inquiries segment below;
• the right to object to the processing of all or part of your Personal Information by LACHLAN. Please note that where you object to us processing your Personal information, we might be unable to provide the services to you;
• the right to correction of false or misleading data – you may request that any Personal Information that you provide which may be false/misleading/inaccurate be corrected;
• the right to deletion of your personal information– you may request LACHLAN to erase any or all of your Personal Information. This right is limited to where the data is no longer required or processing the data has no legal justification. The exceptions include where the applicable law requires LACHLAN to retain any Personal Information or the Personal Information is retained for purposes of ensuring that LACHLAN does not inadvertently contact you in future where you have requested that it stops contacting you;
• the right to withdraw consent -LACHLAN may only process your personal information with your consent. You have the choice at any time to withdraw your consent. You have a choice to deactivate cease using the Website at any time. You may contact us should you wish to de-activate your use at any time via the Inquiries segment below; and
• the right to data portability – you have the right to receive your Personal Information in a structured, commonly used, and machine-readable format.

If you wish to exercise any of the rights set above, please contact us using the contact information provided in the Inquiries segment below. Where we are unsure of your identity, we might ask you for proof of your identity for security reasons before dealing your request.

Hyperlinks/ App Links

Our Services, App and Website may provide hyperlinks/ App links to other locations or websites on the internet. These hyperlinks/ app links 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.

We do not endorse, recommend, approve or guarantee any third- party products and services by providing hyperlinks/ app links to an external app, website or webpage, we do not have any co-operation with such third parties unless otherwise disclosed. We are not in any way responsible for the content of any externally linked app, website or webpage.

By clicking on a hyperlink/ app link, you will leave the LACHLAN App and/or website and accordingly you shall be subject to the terms of service, privacy and cookie policies of the other App, website or webpage that you choose to visit.

Cookies

As is common practice, we use cookies to:

• identify you as a User and make your user experience easier, customise our services, content and advertising;
• help you ensure that your account security is not compromised, mitigate risk and prevent fraud; and
• promote trust and safety on our App and/or Website.

Cookies allow our servers to remember IP addresses, date and time of visits, monitor web traffic and prevent fraudulent activities.

Our cookies never store personal or sensitive information. They simply hold a unique random reference to you so that once you visit our App/ website/ platform, we can recognize who you are and provide certain content to you.

If your browser or browser add-on permits, you have the choice to disable cookies on our Website, however this may impact your experience using our Website.

Age Restriction

Our Services are not intended for persons under the age of eighteen (18) years. We do not collect any Personal Information knowingly or directly from children under the age of eighteen (18).

If you suspect or have any reason to believe that LACHLAN has inadvertently collected information from a child, please contact us using the information provided under the Inquiries section to enable LACHLAN to investigate the matter and take appropriate measures to restrict such data.

Global Transfers

Subject to the applicable data protection laws, Personal Information may be stored and processed in other countries.

In providing you with our services, we may also rely on third-party servers located in foreign jurisdictions from time to time, which as a result, may require the transfer or maintenance of your personal information on computers or servers in foreign jurisdictions. Whenever we transfer or transmit your Personal Information internationally, we will ensure or take reasonable steps to ensure your Personal Information is handled securely in line with the applicable data protection laws and standard contractual clauses.

Updates to this Privacy Policy

LACHLAN may from time to time change, amend or review this Privacy Policy to reflect new legislation, Services or changes in the Privacy Policy. LACHLAN will place any such updates on this page. All changes made will be posted on this page. In cases where the changes have a significant impact on you, we will notify you of by placing a notice online or via mail. If you continue using our Services after such amendments, you will be deemed to have consented to the updated Privacy Policy.

Inquiries

For any communication, access requests, questions, comments, complaints and other requests regarding this Privacy Policy, please send an email to info@lachlanafrica.com.

We may request additional details from you regarding your complaints and keep records of your requests and resolution. This Privacy Policy was last updated on 23/10/2023