DEFINITIONS 

 

Biodata 

 

Biographical information: Personal information with regard to gender, nationality, contact information, physical location, and any other 

 

Controller 

 

Means the natural or legal person, authority, organization or other agency that makes decisions individually or together with other parties regarding the purposes and means for processing Personal Data. 

 

Ngao 

 

Means Ngao Credit Limited, a non-deposit-taking Microfinance institution also registered as a data controller and a data processor 

 

GDPR 

 

Means the General Data Protection Regulation((EU) 2016/679) 

 

Personal Data/ Personal Information 

 

Means any information identifying you or information relating to you that we can identify (directly or indirectly) from that data alone or in combination with other identifiers we possess or can reasonably access. Personal Data excludes anonymous data or data that has had the identity of you as an individual permanently removed. 

 

Sensitive Information 

 

refers to Personal Information (1) about an individual’s race, ethnic origin, marital status, age, color, and religious, philosophical or political affiliations; (2) about an individual’s health, education, genetic or sexual life of a person, or to any proceeding for any offense committed or alleged to have been committed by such person, the disposal of such proceedings, or the sentence of any court in such proceedings; (3) issued by government agencies peculiar to an individual which includes, but not limited to, ,social security numbers, previous or current health records, licenses or its denials, suspension or revocation, and tax returns; and (4) specifically established by an executive order or other legislative act to be kept classified. 

 

Processor 

 

Means a natural or legal person, authority, organization or other agency that processes Personal Data on behalf of the Controller. 

 

Register of Systems 

 

Means a register of all systems or contexts in which personal data is processed by Ngao 

 


  


INTRODUCTION 


Ngao is a digital credit provider specialized in consumer lending. Through our Mobile App you can use our Services and apply for a consumer loans. 


Ngao’s Mobile App greatly simplifies the process of obtaining a loan by allowing you to borrow amount according with internal credit policy that you qualify for, within the allowed limits. It uses your data provided by you and necessary algorithms as well as internal rules/policies to identify you, verify your identity, assess your creditworthiness, credit risk, create a credit score for you and to comply with applicable laws, regulations, and rules, such as those relating to KYC (know-your-customer) and anti-money laundering requirements, also to analyse your behaviour and to detect and prevent fraud and other illegal uses of our services. 


This Policy explains what personal information we collect, how the data are shared, and you can inform us to do not share certain information with certain third parties. 


Please read the following Policy. If you will have any questions feel free to contact us in accordance with the Policy procedures. 


  


  


SCOPE OF THE DATA PROCESSING TERMS AND CONDITIONS 


  


These Data Processing Terms and Conditions together with our Terms of Use and Loan Account Agreement as set out at https://www.ngaocredit.com/terms-and-conditions/  and any additional terms of use applies to your use of:4 


Ngao Credit Limited’s mobile application software (App) available on our site OR hosted on the Google Play Store (App Site), once you have downloaded or streamed a copy of the App onto your mobile telephone or handheld device (Device); and 


Any of the services accessible through the App (Services) or those available on the App Site or other sites of ours or other third-party Sites (Service Sites). 


This Policy sets out the basis on which any personal data we collect from You, or that you provide to us, will be processed by us. 


  


CONSENT 


 

 Please be informed that by downloading Ngao’s Mobile App you consent to the following: 


 

“By downloading Ngao’s Mobile App, I hereby give consent to the collection and processing of my personal information for legitimate business purposes, included but not limited to determining my credit score, my loan limit and providing a loan. 

 I hereby certify that all the provided information are true and correct to the best of my knowledge, and that I will immediately notify Ngao of any inaccuracies in the data  provided. At the same time I authorize Ngao to verify and investigate the above statements and provided information. For this purpose, I consent to the processing of any personal information and records relating to me that might be obtained from third parties, including government agencies, employer, credit bureaus, business associates and other entities you may deem proper and sufficient in the conduct of the proper verification process.” 


  


You can withdraw your consent to our collection, processing or use of your personal information at any time by making a request on dpo@ngaocredit.com  


 


  


INFORMATION WE COLLECT 


We must receive or collect some information to operate, provide, improve, understand, customize, support, and market our Services. This also includes when you install, access, or use our Services. The types of information we receive and collect depend on how you use our Services. 


Information You Provide 


  


Personal Information/Sensitive Information 


You may be asked to provide us information about yourself when you register for and/or use our App. 


This includes but is not limited to: 


Contact information, such as name, telephone number, profile picture, personal description, and postal and email address; 


Login credentials, such as password and security questions and answers; 


Account information, financial history and transaction information, such as account numbers and other unique customer identification numbers, debit transaction history, Invoices, LPOs, and income as well as expenses information from your bank and/or Mpesa statements; 


Demographic information, such as age, date of birth, employment information, marital status, sex, gender, and military or veteran status; 


Government-issued identification information, such as Social Security number or tax identification number, National Identification Number (ID number), passport or driver’s license data, and other information related to government-issued identification; 


Geographic location information based on services you request (e.g., helping you locate the nearest branches); 


Telephone carrier information, such as your phone number 


Other information you choose to provide, such as through our “Contact Us” feature, job application, emails or other communications, social media pages, surveys, registrations, and sign-up forms; 


Publicly-available information, such as from social media services.your name, surname, address, e-mail address, phone number, mobile phone number, your ID data, password, personal description or photography, employer name and address,  


  


Collateral Information 


  


This includes information on the collateral that you will use/are using to get financing from us such as your car registration number, insurance details of your car, your car’s latest valuation report, your car make, model, Year of manufacture etc. 


  


  


Push Notifications 


Please be informed that we may from time to time send you push/sms notifications concerning regarding your account, certain features of the App, marketing messages or other information related to our Services or transactions.  


You have the right to opt-out from receiving this type of notification at any time by following the necessary prompts or by turning them off in your device’s settings. 


  


  


  


Payment Data 


  


We may collect data necessary to process your payment if you make payments for your loan facilities with us, such as the product you want to make payment for 


  


Customer Support (Communication Data) 


  


You may provide us with information related to your use of our Services, including copies of your messages, and how to contact you so we can provide you with customer support. For example, you may send us an email with information relating to our services performance or other issues. 


  


This information may be collected through any of the following mechanisms: 


provided by filling in forms in the App or physically; 


provided by corresponding with us (for example, by e-mail or chat); 


provided by registering to use our App, downloading, or registering the App, subscribing to any of our Services (such as applying for a loan), sharing data via the App’s social media functions, entering a competition, promotion or survey, and reporting a problem with the App, our Services, our App Site or any of Our Service Sites. 


Automatically Collected Information 


  


Usage and Log Information 


We collect information about your activity on our App, like service-related, diagnostic, and performance information. This includes information about your activity (including how you use our App, your App settings, how you interact with others using our App, as well as the time, frequency, and duration of your activities and interactions while using our App), log files and performance logs and reports. 


 This also includes information about when you registered to use our App and the features you use in the App. 


  


Device and Connection Information  


We collect device and connection-specific information when you install, access, or use our App. 


This includes information like hardware model, operating system information, app version, browser information, connection information including phone number, mobile operator or ISP, language, time zone, IP, device operations information, and identifiers like device identifiers (including identifiers unique to Ngao’s   products associated with the same device or account). 


  


Location Information  


We collect device location information if you use our location features, like viewing locations of our nearby branches, and the like, and for diagnostics and troubleshooting purposes such as if you are having trouble with our App’s location features.  


We use various technologies to determine location, including IP, GPS, Bluetooth signals, and information about nearby Wi-Fi access points, beacons, and cell towers. 


  


Third-Party Information 


  


 Third-Party Service Providers  


We work with third-party service providers to help us operate, provide, improve, understand, customize, support, market our services and to fulfil our legal obligation. 


To achieve this, we may obtain information concerning you from the following sources including but not limited to – Payment Company Providers, Banks, Identity Verification Companies, Credit Reference Agencies, Credit Analysis companies, Debt Collection Companies, Value Added Services Providers, Government Departments and Agencies, Marketing Agencies, Employers and Mobile Network Operators (“Third Party Providers”) and we may receive information about you from them. 


We also work with companies to distribute our apps, provide our infrastructure, delivery, help us understand how people use our App, market our Services, help you connect with businesses using our Services, conduct surveys and research for us, and help with customer service. These companies may provide us information about you in certain circumstances; for example, app stores may provide us reports to help us diagnose and fix service issues. 


  


HOW WE USE INFORMATION/LEGAL BASIS OF PROCESS YOUR INFORMATION 


The General Data Protection Regulation (GDPR) and the Kenyan Data Protection Act require us to explain the valid legal bases we rely on in order to process your personal information. As such, we may rely on the following legal bases to process your personal information:  


Consent - We may process your information if you have given us permission (i.e., consent) to use your personal information for a specific purpose. You can withdraw your consent at any time. 


Contractual Obligations (Loan Processing) 


We may process your personal information when we believe it is necessary to fulfill our contractual obligations to you, including providing our Services or at your request prior to entering into a contract with you and our contractual obligations include: 


to verify your identity; 


processing of payment and settlement instructions; 


to assess credit risk; 


to check our database for duplicate occurrences of your data (blacklist); 


to process your transactions – loan requests, applications, payments etc 


to provide you with personalized loans; 


to disburse loans and collect payments related to the offered Services, 


to build the credit models and perform credit scoring; 


to analyze your behaviors including loan repayment behaviours; 


to localize the technical issues with our App and Services; 


to contact with you through distance communication channels like phones, SMS, WhatsApp or e-mail messages, 


to present you marketing content and promotional offers concerning our Services; 


to check our database during logging to our App, whether used mobile phone number already exist in our database; 


Lawful Obligations 


  


collection of loans and any amount outstanding from you; 


compliance with any risk, regulatory duty or lawful obligation including responding to regulators or supervisors, carrying out anti money laundering investigations, record keeping obligations, etc; 


to comply with applicable laws, regulation, guidelines, rules such as those relating to “Know Your Customer” obligations; 


to perform obligations concerning anti money laundering checks, 


compliance with codes of conducts or best practices; or 


fraud detection and prevention of other illegal use of our Services and Service Sites in line with the laws of Kenya; 


  


Legitimate Interest 


  


We may process your information when we believe it is reasonably necessary to achieve our legitimate business interests and those interests do not outweigh your interests and fundamental rights and freedoms. For example, we may process your personal information for some of the purposes described in order to: 


improving our Services to you and your experience with us; 


offering rewards and other incentives to our customers; 


collaborating with Third Parties to provide a Service or to improve our services to you; 


educate you about Services or any other information that might be useful to you as our customer; 


improving our business, processes, policies etc; 


improve our data quality; 


troubleshooting issues with our Services and Service Sites; 


carry out research, experiments and tests; or 


marketing, advertising and sensitisation of our Services. 


communicating with you regarding requests about our App or Services provided to you. 


  


DISCLOSURE OF INFORMATION 


We may share Consumer Information with a limited number of our partners for research and development. We may also provide anonymous Consumer Information for our external partners for the purposes of compiling statistics relating to our users base, loan portfolio, analysis. 


When you use our App you agree that we may as it is necessary and appropriate share, transfer and disclose Consumer Information to the following recipients: 


Any member of our Group, which means our subsidiaries, affiliates, our holding company, and its subsidiaries. The Group and its subsidiaries will not use your messages for any purpose other than to assist us in operating and providing our Services; –  


Financial institutions such as payment companies, banks, credit reference bureau, debt collection companies, investment companies, correspondent and agent banks, settlement and switch for the purpose of providing Services to you, for the settlement of financial transactions, repayment of loans, credit assessment, outsourcing delinquent and defaulted accounts to third party debt collectors and reporting defaulters to any credit reference bureau;   


Identity verification companies, mobile network operators, etc. provided that any of these entities have an obligation to comply with Data Protection Laws in Kenya or similar regulations; 


 to third party services providers which has concluded relevant contracts/agreement with Ngao that support us in our business operations in particular in marketing, identification of your identity, fraud prevention, anti money laundering and transaction processing, specialized in analytical tools or providers of information search services, hosting and website development, risk assessment, debt recovery and customer service. We will share the data only when it is necessary to appropriate perform our legal obligations and the proper performance of the Services; 


Agents, vendors, advisors, and third-party service providers for the purpose of providing and operating any of our Services to you at your request. When this happens, we will require the third parties to handle your information using the same level of care that we apply. We will also require them to only use Your Information according to our instructions and directions. We will not otherwise disclose your information to third parties unless we have your permission, or we are under a contractual, legal or similar obligation. 


government official’s, law enforcement or other third parties, but only in relation to a formal request, court order or a similar legal procedure or when we assume that the disclosure is necessary to comply with the law, prevent physical arms, financial losses, report suspected illegal activity or to investigate violations of our Services or any other legally permissible purposes; 


to persons acting on your behalf for examples your lawyers if need be, beneficiaries, etc 


Regulators, supervisors, or anti-money laundering and fraud prevention agencies authorities; where we are under a duty to disclose or share your personal data in order to comply with any legal or regulatory obligation or requests; 


In the event of a proposed merger, acquisition or transfer of our business or assets, we may disclose your personal data to the prospective seller or buyer of such business or assets on the condition that the recipient comply with the provisions of the Data Protection Act or similar provisions; 


Any third party that provide referrals, targeted marketing, or lead generating services for us;  


In order to enforce our Terms and Conditions and other agreements;   


Cloud infrastructure such as Amazon Web Services or any other infrastructure provider that we may appoint from time to time towards the provision of our Services; 


For the purpose of publishing statistics relating to the use of the App, in which case all information will be aggregated and made anonymous; 


competent national authorities and non-governmental organizations, as well as other third parties to provide a full assessment of your creditworthiness; 


with external suppliers providing payment processing services when executing a direct debit or other payment due under the loan agreement you have entered into with you; then we may share your personal data; 


to debt collection companies, credit reference bureaus and companies providing legal services in the event of non-performance or improper performance of your obligations arising from concluded loan agreement, we may transfer data regarding your overdue liabilities  


to the analysts and service providers who provides App services to help us improve and optimize our application; 


during sells all or part of our business or transferring our receivables to a third party. 


Except as set forth in this section, Ngao does not share, sell, or rent personal information it collects about you to or with any third parties.