Welcome to
AIS Kilimo

1.   Introduction

Your privacy is important to us. This privacy policy (“Privacy Policy” or “Policy”) governs the data collection practices used by us, Africa Instore Solutions, (“Company”, we” or “us”), while you (“you” or “user”) access and use our AIS Kilimo App or and our website available at https://africainstore.co.ke and the content therein, including data, articles, news, opinions, videos and other content in various categories and themes (“AIS Kilimo App information” and ”Website Content”

The following terms of use apply to AIS Kilimo App and we therefore encourage you to read this Privacy policy carefully prior to accessing or using our website. The Privacy Policy explains what information we may collect from our users, how such information may be used or shared with others, how we safeguard it and how you may need to exercise your rights related to your Personal data (as such term is defined below), but before we get into that, we would like to explain the lawful basis for which we process data.

This statement should be read together with the Terms and Conditions of Use for the AIS Kilimo application. Where there is a conflict, this statement will prevail.

2.   Definitions

References to

2.0            “You” means:

i) Customer- the person who downloads and uses the AIS Kilimo app or accesses our website and includes any person whose data is collected in the use of the application. The customer users may include Field agents such as Digifarm Village Advisors (DVA) or Village Based Agent (VBA), Agro dealers (also may be referred to as Digifarm Master Agents), Agro stockists and distributors, input suppliers and all other users of AIS Kilimo App

ii)  Any agent, DVA, VBA, DMA, agro-dealer, supplier, distributor or third-party who has signed an agreement with us and is recognized as an agent in accordance with any applicable      laws or Regulations.

 

2.1            “AIS”, “we” or “us”, “our” and “ours” means Africa Instore Solutions Limited (“AIS Ltd”

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.   Statement Details

3.0            Collection of Information

i)       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):

ii)     Accept to be registered as a farmer and access our suite of services through our agents, DVAs, VBA, DMAs, suppliers, distributors, as defined above;

iii)   Download and register to use the Kilimo app as a DVA, DMA, VBA, supplier or distributor; 

iv)   ask AIS Ltd for more information about a product or service or contact us with a query or complaint;

v)     respond to or participate in a survey,

vi)   We may collect your information when you interact with us as a farmer, DVA, VBA, DMA, supplier, distributor or agent as prescribed in   this statement;

vii) We do not onboard minors (any person under 18 years of age).  If you allow a child to use our services, you should be aware that their personal information could be collected as described in this statement.

3.1            What Information is collected?

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

i)       For the farmer - Your identity including your name, photograph, address, location, farm location, farm size, phone number, identity document type and number, date of birth, email address, age, gender and mobile number portability records.

ii)     For the Agro dealer/ trader – Name of business owner, location of business, name of business entity, business transaction details, expenses incurred, customers/farmers served and mobile number portability records.

iii)   Your preferences for particular products and services, based on information provided by you or from data collected on you – refers to both farmer and business enterprise details.

iv)   Name, family details, age, profiling information such as level of education, income brackets based on business activities, etc. collected as part of surveys conducted by AIS Ltd and their agents on behalf of AIS Ltd.

 

3.2            Use of Information

We may use and analyse your information for the following purposes:

i)       Processing products and services that you have accessed through AIS Kilimo APP

ii)     Responding to any of your queries or concerns;

iii)   Inform decisions on products and services, market sources and activity planning

iv)   For research, statistical, survey and other scientific or business purposes;

v)     Provide aggregated data (which do not contain any information  which

vi)   may identify you as an individual) to third parties for research and scientific purpose;

vii) Administer any of our online platforms/websites.

 

3.3            Sensitive (Special Categories) Data

We may collect Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, political opinions, trade union membership, information about your health, criminal convictions and offences, gender, sexual orientation and biometric data). We will rely on any of the legal basis provided in clause 3.4 below for such collection.

3.4            Lawful Basis for processing your information

We will process your personal information based on any of the lawful basis provided for under the Kenya Data Protection Law:

3.4.1           The performance of a Product/Service Agreement with you;

3.4.2           AIS Ltd legitimate business interests;

3.4.3           Compliance with a mandatory legal obligation;

3.4.4           Consent you provide;

3.4.5           Public interest;              

3.4.6           Your vital interest.

3.5            Retention of Information

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, the need to comply with our internal policy and the applicable legal, regulatory, tax, accounting or other requirements. Anonymized information that can no longer be associated with you may be held indefinitely.

 

4.0             Disclosure of Information

Any disclosure of your information shall be in accordance with applicable law and regulations. AIS Ltd shall assess and review each application for information and may decline to grant such information to the requesting party.

 

4.1          We may disclose your information to:

i)       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.

ii)     Our development partners, associates, partners, software developers or agents who are involved in delivering AIS Ltd products and services you order or use; 

iii)   publicly available and/or restricted government databases to verify your identity information in order to comply with regulatory requirements;

iv)   Survey agencies that conduct surveys on behalf of AIS Ltd;

v)     Any other person that we deem legitimately necessary to share the data with.

 

4.2          We shall not release any information to any individual or entity that is acting beyond its legal mandate.

 

5.0             The Use of Cookies

We may store some information (using "cookies") on your computer when you visit our websites. This enables us to recognize you during subsequent visits. The type of information gathered is non-personal (such as: the Internet Protocol (IP) address of your computer, the date and time of your visit, which pages you browsed and whether the pages have been delivered successfully.

We may also use this data in aggregate form to develop customised services - tailored to your individual interests and needs. Should you choose to do so, it is possible (depending on the browser you are using), to be prompted before accepting any cookies, or to prevent your browser from accepting any cookies at all. This will however cause certain features of the web site not to be accessible.

 

6.0             The Use of Hyperlinks

Our websites may provide hyperlinks to other locations or websites on  theInternet. 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.

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.

By clicking on a hyperlink, you will leave the AIS Ltd webpage and accordingly you shall be subject to the terms of use, privacy and cookie policies of the other website that you choose to visit.

7.0            Safeguarding and Protection of Information

AIS Ltd 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.

8.0            International Data Transfers

From time to time we may need to transfer your personal information outside the Republic of Kenya.

Where we send your information outside Kenya, we will make sure that your information is properly protected in accordance with the applicable Data Protection Laws.

9.0    Your Rights

Subject to legal and contractual exceptions, you have rights under data protection laws in relation to your personal data. These are listed below: -

i)       Right to be informed that we are collecting personal data about you;

ii)     Right to access personal data that we hold about you and request for information about how we process it;

iii)   Right to request that we correct your personal data where it is inaccurate or incomplete;