Privacy Policy

Last Updated: 10 Aug 2020

1. PURPOSE OF THIS PRIVACY POLICY

   1. This privacy policy aims to give you information on how “Shopy” collects and processes your personal data whether you are a merchant or end user that uses Shopy’s products, applications or services (together, the “Services”), including any data you may provide through the Shopy Platform when you use the Services. By using any of Shopy’s Services, or by dealing with a merchant using Shopy Platform, you are agreeing to the terms of this Privacy Policy and, as applicable, the [Shopy Terms of Service].
   2. It is important that you read this Privacy Policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This Privacy Policy supplements other notices and privacy policies and is not intended to override them.

2. CHANGES TO THE PRIVACY POLICY AND YOUR DUTY TO INFORM US OF CHANGES

   1. In these Terms the following words and expressions (save where the context requires otherwise) bear the following meanings:
      1. We keep our Privacy Policy under regular review and we may modify or update the policy from time to time. Where the changes will have a fundamental impact on the nature of the processing of your data or your rights, we shall notify you in advance.
      2. It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
   2. Words importing the singular meaning where the context so admits include the plural meaning and vice versa.
   3. Headings in these Terms are for convenience purposes only and they do not affect the interpretation of these Terms.
   4. The words include or including (or any similar term) are not to be construed as implying any limitation and general words introduced by the word other (or any similar term) shall not be given a restrictive meaning by reason of the fact that they are preceded or followed by words indicating a particular class of acts, matters or things.
   5. Statutory provisions or enactments shall, unless the context otherwise requires, include references to any amendment, modification, extension, consolidation, replacement or re-enactment of any such provision or enactment (whether before or after the date of these Terms) and to any regulation, instrument or order or other subordinate legislation made under such provision or enactment unless any such change imposes upon any Party any liabilities or obligations which are more onerous than as at the date of this Agreement.

3. THIRD-PARTY LINKS

   1. 3.1. The Shopy Platform may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.

4. INFORMATION COLLECTED

   1. MERCHANTS

      1. If you are a merchant, your customers need to understand how you (and how Shopy) collects and processes their personal information as the data controller. Accordingly, if you use the Services, you should:
         1. post suitable terms and conditions governing the use of your products and services by customers;
         2. post an accurate privacy policy on your storefront that complies with all applicable laws and regulations. We have provided a template privacy policy on the Shopy Platform for this purpose;
         3. process personal data in accordance with applicable laws and, to the extent required under such laws;
         4. provide notice to and obtain informed consent from customer for the use and access of their personal data by Shopy and other third parties; and
         5. if you are collecting any sensitive personal data (including information relating to medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or sexuality) from customers, obtain affirmative, explicit, and informed consent and allow such customers to revoke their consent to the use and access of sensitive personal data at any time.

      2. Nature of information collected

         1. Shopy may collect and control information such as account information, browser information, contact information, payment information, support information, device information, security information, usage Information and set a cookie when you interact with the Shopy Platform, for example, by signing up for a trial, a subscription, or a newsletter, or performing transactions. We may also collect such additional information required for our Know Your Customer (KYC) purposes.
         2. We use this information to provide you with our Services, confirm identities, provide support such as debugging, troubleshooting, automated decision making such as the detection of fraudulent account creation when signing up for our service, for advertising and marketing, invoicing, to resolve incidents related to the use of our Website and Services, to improve and personalize our Services, such as push notifications regarding your store activities, and to comply with legal requirements. We may use this information in other cases where we have received express permission.
         3. We collect personal information about your customers that you share with us or that customers provide while shopping or during checkout.
         4. We use this information to provide you with our Services and so that you can process orders and provide better services to your customers.
         5. We may request that you provide us with government-issued identification information where we need to verify your identity.
         6. We will also use personal information in other cases where you have given us your express permission.
         7. It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your relationship with us.

   2. CUSTOMERS

      1. Nature of information collected

         1. We may collect such information as our merchants’ customers’ name, email, shipping and billing address, payment details, company name, phone number, IP address, information about orders you initiate, information about the merchant stores supported by Shopy that you visit, and information about the device and browser you use. We may also collect such additional information required for our Know Your Customer (KYC) purposes.
         2. We use this information as a processor to provide our Services to merchants, support and process orders, improve and personalize our Services, and manage risk and fraud. We also use this information to improve our Services.
         3. We take steps to ensure that the personal information we hold about you is accurate and current. In this regard, please keep us informed if your personal information changes during your relationship with us.

      2. When information is collected

         1. We may collect the above information when you access a store that uses our Services such as when you visit a merchant’s site, place an order or sign up for an account on a merchant’s site.
         2. In addition, information about our merchants’ customers may be provided to us by third parties that we partner with who provide us, for instance to help us screen out merchants or customers associated with fraud.

   3. PARTNERS

      1. Partners include individuals or businesses that have agreed to work with Shopy to promote the Services by referring clients to Shopy or developing Shopy store themes for merchant use.
      2. When a Partner signs up for a partner account, signs up a merchant for our Services or your customer sign up for our Services, Shopy may collect and control information such as account information, browser information, contact information, payment information, support information, security information, usage information company name, website, twitter or other social media handles, phone number(s), address, business type, email address and PayPal Account. We may also collect such additional information required for our Know Your Customer (KYC) purposes.
      3. We use this information to provide Partners with our Services, confirm identities, provide support, for advertising and marketing, invoicing, to resolve incidents related to the use of our Website and Services, to improve and personalize our Services, and to comply with legal requirements. We may use this information in other cases where we have received express permission.

   4. VISITORS

      1. When visitors use the Shopy Platform, or engage in communications with us online or offline, we may collect and control, as applicable, browser information, support information, contact information, and usage information submitted or communicated to us. We may also collect such additional information required for our Know Your Customer (KYC) purposes.
      2. We use this information to provide our Services, and improve and personalize communications, interactions, our Services, and provide support if needed.

5. SHARING OF INFORMATION WITH THIRD PARTIES

   1. Shopy works with various third parties and service providers to facilitate the provision of our Services and we may share personal information with them to support these efforts.
   2. We may also share your information in the following circumstances:
      1. to prevent, investigate, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms of Service or any other agreement related to the Services, or as otherwise required by law.
      2. to facilitate our marketing and/or advertising campaign activities.
      3. to comply with legal requirements, or to respond to lawful court orders, subpoenas, warrants, or other requests by public authorities (including to meet national security or law enforcement requirements).
   3. Personal information may also be shared with the following, in which case we will post a notice on our home page:
      1. a company that acquires our business, whether through merger, acquisition, bankruptcy, dissolution, reorganization, or other similar transaction or proceeding; or
      2. any entity that Shopy enters into business relations with Shopy and which has put in place appropriate security measures to prevent the loss or unauthorised use of data.

6. COOKIES

   1. Cookies can be used to recognize you when you visit our Website or Shopy Platform, remember your preferences, and give you a personalized experience. Third party integrations on our Website or Shopy Platform also use Cookies.
   2. By using our Shopy Platform or Services, you are agreeing to the use of Cookies and similar technologies for the purposes described in this Privacy Policy.
   3. You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see [please insert link to Cookie Policy).

7. DATA RETENTION- HOW LONG WILL YOU USE MY PERSONAL DATA FOR?

   1. We will generally only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including but not limited to the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements.
   2. For merchants, this means we will retain your information as long as you maintain a store on our platform. For partners, this means we will retain your information until you inform us that you wish to terminate your partner relationship with us. We delete personal information 90 days after receiving a merchant or partner deletion request. We also purge personal information from merchant stores 90 days after two years of inactivity.
   3. For our merchants’ customers, we generally process your information solely as a data processor on behalf of our merchants, and it is up to the merchant to determine how long they will retain your information in our systems.
   4. Shopy acts as a data processor on behalf of our merchants, except where personal data of merchants’ customers is used for the purposes specified for us in paragraph 4.1.1.
   5. 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.
   6. We may continue to store anonymous or anonymized information, such as website visits, without identifiers, in order to improve our Services.

8. DATA SECURITY

   1. We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
   2. We comply with industry standards on information security management to safeguard sensitive information, such as financial information, intellectual property, employee details and any other personal information entrusted to us. Our information security systems apply to people, processes and information technology systems on a risk management basis.
   3. We perform annual audits to ensure our handling of your credit card information aligns with industry guidelines.
   4. Since no method of transmission over the Internet, or method of electronic storage is 100% secure, we cannot guarantee the absolute security of your personal information.

9. MARKETING

   1. We may use your identity, contact, technical, usage and profile data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you.
   2. You may receive marketing communications from us if you have requested information from us or used our Services and you have not opted out of receiving that marketing.
   3. We share your personal data with any third party for marketing purposes. You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time.

10. CHANGE OF PURPOSE

    1. We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us set out in Clause 14
    2. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so
    3. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

11. INTERNATIONAL TRANSFERS

    1. Shopy may transmit your personal information outside of the country, state, or province in which you are located.
    2. Transferred data may be subject to the laws of those countries. Shopy does not transfer or store data in countries that do not have a robust regime of data protection.

12. AUTOMATED DECISION MAKING

    1. In the course of providing our Services, Shopy may use a number of machine learning algorithms and forms of automated decision-making. For instance, we may use automated decision-making:
       1. to prevent risk and fraud by merchants;
       2. to help merchants avoid fraudulent transactions from their customers;
       3. to personalize merchants’ experience when they use our admin and app store; and
       4. to determine eligibility for certain services.
    2. Most of these algorithms (excluding the personalization features and a subset of customer risk/fraud screening) are not fully automated and include some human intervention (for example, customer risk and fraud scores may be provided to merchants, who must intentionally decide how to act on them).

13. YOUR LEGAL RIGHTS

    1. You have the right to:
       1. Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
       2. Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
       3. Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
       4. Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
       5. Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
          1. If you want us to establish the data’s accuracy.
          2. Where our use of the data is unlawful but you do not want us to erase it.
          3. Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
          4. You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
       6. Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
       7. Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
    2. You will not have to pay a fee to access your personal data or to exercise any of the other rights set out above. However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.
    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.
    4. We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month 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.

14. COOKIE POLICY

    1. Use of Cookies
       1. The Shopy Platform uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our Website or use our Services and they allow us to improve our site. By continuing to browse the Website or the Shopy Platform, you are agreeing to our use of cookies.
       2. A cookie is a small piece of text sent to your browser by a website you visit. It helps the website to remember information about your visit, like your preferred language and other settings. Cookies contain information that is transferred to your computer’s hard drive.
       3. We use the following cookies:
          1. Strictly necessary cookies. These are cookies that are required for the operation of our Website or Shopy Platform. They include, for example, cookies that enable you to log into secure areas of our website or make use of e-billing services.
          2. Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our Website or Shopy Platform works, for example, by ensuring that users are finding what they are looking for easily.
          3. Functionality cookies. These are used to recognise you when you return to our Website or Shopy Platform. This enables us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
          4. Targeting cookies. These cookies record your visit to our Website or Shopy Platform, the pages you have visited and the links you have followed. We will use this information to make our Website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
       4. You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.
       5. Except for essential cookies, all cookies will expire after 2 years.

15. HOW TO CONTACT Shopy

    1. If you have any questions about your personal information or this policy, or if you would like to make a complaint about how Shopy processes your personal data, please contact Shopy by email at info@Shopy.ke or by using the contact details below: