Privacy Policy

1. Introduction
   Your privacy is important to us. This privacy statement explains the personal data Ngao Credit Ltd (“NCL”) collects, how NCL processes it, and for what purposes.

This policy should be read together with the Terms and Conditions of Use for other NCL products and services. Where there is a conflict, this policy will prevail.

This policy applies to all customers, suppliers, agents, service providers, dealers, and all visitors frequenting any of NCL premises.

2. Definitions
   References to

2.1 “You” means:

2.1.1 customer- the person who subscribes to, uses, or purchases any of our products and services or accesses our websites and includes any person who accesses any of the products and services you have subscribed to.
2.1.2 Any agent, dealer and/or merchant who has signed an agreement with us and is recognized as a merchant or agent in accordance with any applicable laws or Regulations.
2.1.3 Any visitor that is a person (including contractors/sub-contractors or any third parties) who gains access to any NCL’s premises.
2.1.4 Any supplier who has been contracted by NCL and executed a Supplier contract.

2.2 “Ngao Credit Limited”, “NCL”, “we” or “us”, “our” and “ours” means Ngao Credit Limited.
2.3 The word “includes” means that what follows is not necessarily exhaustive and therefore the examples given are not the only things/situations included in the meaning or explanation of that text.

3. Collection of Information

3.1 We collect your personal information with your knowledge and consent when you do any of the following (please note that this list is not exhaustive):

3.1.1 register for a specific product or services;
3.1.2 buy, subscribe to, or use a NCL product or service online, on the cloud, on a mobile or other device, in an NCL Branch;
3.1.3 Subscribe to NCL or third-party premium rates services, Short Message Service (SMS), email or social media platforms;
3.1.4 ask NCL for more information about a product or service or contact NCL with a query or complaint;
3.1.5 respond to or participate in a survey, marketing promotion, prize competition or special offer;
3.1.6 visit, access or use NCL or third-party websites;
3.1.7 We may also collect your information from other organizations including credit-reference bureaus, fraud prevention agencies and business directories;
3.1.8 We may collect your information when you interact with us as a supplier, agent, Service Providers, or dealer as prescribed in this statement;
3.1.9 We also collect information when you visit any of our premises.

3.2 We do not onboard minors (any person under 18 years of age) except where you additionally register on their behalf as their parent and/ or legal guardian. If you allow a child to use our services, you should be aware that their personal information could be collected as described in this policy.

3.3 What Information is collected?

The information we collect and store about you includes but is not limited to the following:

3.3.1 Your identity information, including your name, photograph, address, location, phone number, identity document type and number, date of birth, email address, age, gender and mobile number.
3.3.2 Information about your bank account numbers and SWIFT codes, bank statements, or other banking information.
3.3.3 Your transaction information from M-pesa statements
3.3.4 Your transaction information when you use our Website, USSD or Mobile App services.
3.3.5 Details on your earnings as per your pay slip if need be.
3.3.6 Your preferences for products and services, based on information provided by you or from your use of NCL’s (or third party) products and services.
3.3.7 Name, family details, age, profiling information such as level of education, bank account status, income brackets, etc. collected as part of surveys conducted by NCL and their agents on behalf of NCL.
3.3.8 Your contact with us, such as when you: call us or interact with us through social media, our email (we may record your conversations, social media, or other interactions with us), register your biometric information such as your voice, fingerprints etc., visit an NCL Branch or other retail outlet.
3.3.9 We use Closed Circuit Television (CCTV) surveillance recordings. CCTV Devices are installed at strategic locations to provide a safe and secure environment in all NCL premises as a part of our commitment to community safety, security, and crime prevention.
3.3.10 When you request us to reserve parking for you, we will collect and retain your personal data (name, telephone number, and vehicle registration details) and where you use any of our parking facilities as a contractor. We use the data you provide to ensure effective visitor, contractor and car park management, Health, and Safety compliance (orderly entry and exiting to and from the car parks and buildings) and inventory management.
3.3.11 We maintain a register of visitors in which we collect and keep your personal data such as names, company/institution details, telephone number, vehicle registration details and National ID number. This information is collected for health, safety, and security purposes.
3.3.12 When you use NCL’s WIFI for guests and visitors, we provide usernames and password hence we collect email IDs. We record the device address and also log traffic information in the form of sites visited duration and date sent/received.
3.3.13 When you use our voice recognition platform (IVR) we may collect and process your voice biometrics.
3.3.14 We collect your personal information when you visit us for the purposes of accident and incident reporting. NCL will collect personal data from the injured party or person suffering from ill health, such as, Name, Address, Age, next of kin, details of the incident to include any relevant medical history. The data is collected as NCL has a legal duty to document workplace incidents/accidents and to report certain types of accidents, injuries and dangerous occurrences arising out of its work activity to the relevant enforcing authority.
3.3.15 Incidents and accidents will be investigated to establish what lessons can be learnt to prevent such incidents/accidents re-occurring including introduction of additional safeguards, procedures, information instruction and training, or any combination of these. Monitoring is undertaken but on an anonymized basis. The information is also retained in the event of any claims for damages.
3.3.16 Tracking Data
• We use certain information tracking technologies in form of physical tracking devices on your vehicles against which we have issued you a loan to improve and analyze our Service.

3.4 Use of Information
We may use and analyze your information for the following purposes:

3.4.1 Processing products and services that you have bought from NCL or from third parties on our e-commerce platforms;
3.4.2 Billing you for using our or third-party products or services or taking the appropriate amount of credit from you;
3.4.3 Responding to any of your queries or concerns;
3.4.4 Verifying your identity information through publicly available and/or restricted government databases in order to comply with applicable regulatory requirements;
3.4.5 Carrying out credit checks and credit scoring;
3.4.6 Keeping you informed generally about new products and services and contacting you with offers or promotions based on how you use our or third-party products and services unless you opt out of receiving such marketing messages (you may contact NCL at any time to opt out of receiving marketing messages);
3.4.7 to comply with any legal, governmental, or regulatory requirement or for use by our lawyers in connection with any legal proceedings;
3.4.8 In business practices including to quality control, training, and ensuring effective systems operations;
3.4.9 To understand how you use our products and services for purposes of developing or improving products and services;
3.4.10 Preventing and detecting fraud or other crimes and for debt recovery;
3.4.11 For research, statistical, survey and other scientific or business purposes;
3.4.12 Provide aggregated data (which do not contain any information which may identify you as an individual) to third parties for research and scientific purpose;
3.4.13 Administer any of our online platforms/websites.

3.5 Categories of Data

Categories of Personal Data as defined in the Data Protection Act, Laws of Kenya, may be processed depending on the particular types of products and services you have subscribed to or purchased.

3.6 Lawful Basis for processing your information.
We will process your personal information based on any of the lawful basis provided for under the Data Protection Laws:

3.6.1 The performance of a Product/Service Agreement with you;
3.6.2 NCL’S legitimate business interests;
3.6.3 Compliance with a mandatory legal obligation;
3.6.4 Consent you provide;
3.6.5 Public interest;
3.6.6 Your vital interest.

3.7 Mandatory Data

If you wish to apply for our loan products, you must provide at least the following details regarding your credit request:
3.7.1 details of the desired loan amount,
3.7.2 details of the intended purpose of the loan,
3.7.3 detailed presentation of monthly net income and other monthly incomes of the credit applicant, majorly from your M-pesa and bank statement
3.7.4 detailed presentation of the monthly expenses (rent, insurance, maintenance).
3.7.5 details of the collateral to be used.
3.7.6 details of your employer and authorization for deduction from payroll if need be
3.7.7 Any other information deemed necessary by NCL from time to time for efficient loan processing.

3.8 Retention of Information

• Information held about you shall retained for as long as the purpose for which the information was collected continues. The information shall then be destroyed unless its retention is required to satisfy legal, regulatory, or accounting requirements or to protect Ngao Credit Limited’s interests.
• As a general rule, the maximum retention period is 7 years.

4 Disclosure of Information

4.1 Any disclosure of your information shall be in accordance with applicable laws and regulations. NCL shall assess and review each application for information and may decline to grant such information to the requesting party.
4.2 We may disclose your information to:
4.2.1 law-enforcement agencies, regulatory authorities, courts, or other statutory authorities in response to a demand issued with the appropriate lawful mandate and where the form and scope of the demand is compliant with the law.
4.2.2 Our Branches
4.2.3 Any regulatory, supervisory, governmental, or quasi-governmental authority with jurisdiction over Ngao Credit Ltd;
4.2.4 Any agent, contractor or third-party service provider, professional adviser or any other person under a duty of confidentiality to Ngao Credit Ltd;
4.2.5 In the event of default, debt collection agencies and/or auctioneers;
4.2.6 Any financial institution with which Ngao Credit Limited has or proposes to have dealings.
4.2.7 our subsidiaries, associates, partners, software developers or agents who are involved in delivering NCL products and services you order or use;
4.2.8 Fraud prevention and Anti-money laundering agencies, credit reference bureaus;
4.2.9 publicly available and/or restricted government databases to verify your identity information in order to comply with regulatory requirements;
4.2.10 Survey agencies that conduct surveys on behalf of NCL;
4.2.11 Emergency service providers when you make an emergency call (or where such disclosure to emergency service providers is necessary for your rescue, health and safety) including your approximate location;

4.3 We shall not release any information to any individual or entity that is acting beyond its legal mandate.
4.4 We will get your express consent before we share your personal data with any third party for direct marketing purposes.

4.5 Direct Marketing

4.5.1 We may share promotional messages with you from time to time. You can ask us to stop sending you marketing messages at any given time, by contacting us at any time through the provided contacts.

5 The Use of Hyperlinks

5.1 Our websites may provide hyperlinks to other locations or websites on the Internet. These hyperlinks 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 and are presented for information purposes only.
5.2 We do not endorse, recommend, approve or guarantee any third-party products and services by providing hyperlinks to an external website or webpage and 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 website or webpage.
5.3 By clicking on a hyperlink, you will leave the NCL webpage and accordingly you shall be subject to the terms of use and privacy policy of the other website that you choose to visit.

6. Access to and updating your Information.

6.1 If you believe that our records contain inaccurate or incomplete information about you, please visit any of our branch outlets to make the necessary amendments.
6.2 Some changes will only be made once the necessary supporting documentation has been obtained.
6.3 We will take reasonable steps to investigate your concerns and correct inaccurate information in a timely manner.

7. Safeguarding and Protection of Information

NCL has put in place technical and operational measures to ensure integrity and confidentiality of your data via controls around: information classification, access control, cryptography, physical and environmental security and monitoring and compliance.

8. Your Rights

8.1 Subject to legal and contractual exceptions, you have rights under Data Protection Laws in relation to your personal data. These are listed below: –

8.1.1 Right to be informed that we are collecting your personal data;
8.1.2 Right to access personal data and request for information on how we process it;
8.1.3 Right to request that we correct your personal data where it is inaccurate or incomplete;
8.1.4 Right to request that we erase your personal data noting that we may continue to retain your information if obligated by the law or entitled to do so;
8.1.5 Right to object and withdraw your consent to processing of your personal data. We may continue to process if we have a legitimate or legal reason to do so;
8.1.6 Right to request restricted processing of your personal data noting that we may be entitled or legally obligated to continue processing your data and refuse your request;
8.1.7 Right to request transfer of your personal data in [an electronic format].

8.2 If you wish to exercise any of the rights set out above, please contact us on 0709 650 000 or dpo@ngaocredit.com
8.3 We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
8.4 We try to respond to all legitimate requests within a reasonable time. Occasionally it could take us longer if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

9. Communication
   9.1 If you wish to access, correct, or delete any of your personal data held by us, or have any questions concerning our Data Protection and Privacy Statement, please contact Ngao Credit Ltd on 0709650000
   9.2 In providing your telephone, postal and e-mail address, or similar details, you agree that we may contact you by these methods to keep you informed about our products and services or for any other reason. If you prefer not to be kept informed of our products and services, please unsubscribe from the service by following the necessary prompts.
   9.3 In order to maintain the security of our systems, protect our staff, record transactions, and, in certain circumstances, to prevent and detect crime or unauthorized activities, Ngao Credit Limited reserves the right to monitor all internet communications including web and email traffic into and out of its domains.
10. Right to Lodge Complaint
    You have the right to lodge a complaint with the relevant supervisory authority that is tasked with personal data protection within the Republic of Kenya
11. Non-Compliance With This Policy
    NCL shall have the right to terminate any agreement with you for failure to comply with the provisions of this policy and reject any application for information contrary to this policy.
12. Amendments to This Policy

12.1 We reserve the right to amend its prevailing Data Protection and Privacy Policy at any time and will place any such amendments on this Web Site. This Data Protection and Policy is not intended to, nor does it, create any contractual rights whatsoever or any other legal rights, nor does it create any obligations on us in respect of any other party or on behalf of any party.
12.2 Your continued access or use of the Website after any modifications have become effective shall be deemed your conclusive acceptance of the modified data.

13. Job Applicants
    13.1 Personal information provided on our data collection modes in connection with an application for employment will be used to determine your suitability for a position applied for. Your information may also be used to monitor our recruitment initiatives and equal opportunities policies.
    13.2 Applicant details may be disclosed to third parties to verify or obtain additional information including education institutions, current/previous employers, and credit reference bureaus. Credit reference bureaus record these searches, and you can contact us to find out which bureaus we used.
    13.3 Unsuccessful applications may be retained to match your skills to future job opportunities. These are usually retained for up to 24 months but please let us know if you do not wish us to retain your information for this purpose.
    13.4 If you are providing your details in connection with an application for employment, please refer to our “Data Protection and Privacy Policy – Job Applicants” which will be displayed when you apply (see our ‘Careers’ page). This Policy will not alter or affect any information otherwise provided by you to Ngao Credit Limited.
14. Social Media

14.1 We operate and communicate through our designated channels, pages and
accounts on some social media sites to inform, help and engage with our customers.
We monitor and record comments and posts made about us on these channels so as to improve our services.
We are not responsible for any information posted on those sites other than the information posted by our designated officials. We do not endorse the social media sites themselves, or any information posted on them by third parties or other users.
We do not give investment, tax, or other professional advice on social media sites.
When you engage with us through social media your Personal Data may be processed by the site owner. The said procession is outside our control and may be in a country outside Kenya that may have different privacy principles.

Policy Effective Date
22nd May, 2023