PRIVACY POLICY

This privacy policy applies between you, the User of this Website and Bandari Ya Pombe, the owner and provider of this Website. Bandari Ya Pombe takes the privacy of your information very seriously. This privacy policy applies to our use of any and all Data collected by us or provided by you in relation to your use of the Website. Please read this privacy policy carefully. Definitions and interpretation

1. In this privacy policy, the following definitions are used:

Data - collectively all information that you submit to Bandari Ya Pombe via the Website. This definition incorporates, where applicable, the definitions provided in the Data Protection Laws;

Cookies - a small text file placed on your computer by this Website when you visit certain parts of the Website and/or when you use certain features of the Website. Details of the cookies used by this Website are set out in the clause below (Cookies);

Data Protection Laws - any applicable law relating to the processing of personal Data, including but not limited to the Data Protection Act or the GDPR, and any national implementing laws, regulations and secondary legislation, for as long as the Date Protection Act or GDPR is effective;

Data Protection Act - Data Protection Act No. 24 of 2019, Directive 96/46/EC (Data Protection Directive)

GDPR - the General Data Protection Regulation (EU) 2016/679;

Bandari Ya Pombe - (Reference; PVT-BEUXEJVP, Primary Address; Argwings Kodhek Road, Kose Heights, 5th Floor, Nairobi, 9184)

- (company number; 10076191, registered office address; 12 Libra Road, London, E13 0LE)

UK and EU Cookie Law - the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended by the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011;

User or You - any third parties that access the Website and is not either (i) employed by Bandari Ya Pombe and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Bandari Ya Pombe and accessing the Website in connection with the provision of such services; and

Website - the website you are currently using (www.ya-pombe.com, and any sub-domains of this site unless expressly excluded by their own terms and conditions).

2. In this privacy policy, unless the context requires a different interpretation:

(a) The singular includes the plural and vice versa;

(b) References to sub-clauses clauses, schedules or appendices of this privacy policy;

(d) "Including" is understood to mean "including without limitation";

(e) Reference to any statutory provision includes any modification or amendment of it;

(f) The headings and sub-Headings do not form part of this privacy policy

Scope of this privacy policy

3. This privacy policy applies only to the actions of Bandari Ya Pombe and Users with respect to this Website. It does not extend to any websites they can be accessed from this website that can be accessed from this Website including but not limited to, any links we may provide to social media websites.

4. For purposes of the applicable Data Protection Laws, Bandari Ya Pombe is the "Data Controller". This means that Bandari Ya Pombe determines the purposes for which and the manner in which, your Data is processed

Data Collected

5. Bandari Ya Pombe may collect the following Data, which includes personal Data, from you:

(a) Contact information such as email addresses and telephone numbers

(b) Financial information such as credit/debit card numbers

- In each case, in accordance with this privacy policy

How we collect Data

6. We collect Data in the following ways:

(a) Data is given to us by you; and

(b) Data is collected automatically

Data that is given to us by you

7. Bandari Ya Pombe will collect your Data in a number of ways, for example:

(a) When you contact us through the Website, by telephone, post, email, or through any other means;

(b) When you register with us and set up an account to receive our products;

- In each case, in accordance with this privacy policy

Data that is collected automatically

8. To the extent that you access the Website, we will collect your Data automatically, for example;

(a) We automatically collect some information about your visit to the Website. This information helps us make improvements to Website content and navigation and includes your IP address, the date, times and frequency with which you access the Website and the way you use and interact with its content.

(b) We will collect your Data automatically via cookies, in line with the cookie settings on your browser. For more information about cookies, and how we use them on the Website, see the section below, headed cookies

Our use of Data

9. Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Website. Specifically, Data may be used by us for the following reasons:

(a) Internal record keeping

(b) Improvement of our products and services

- In each case, in accordance with this privacy policy

10. We may use your Data for the above purposes if we deem it necessary to do so for our legitimate interests. If you are not satisfied with this, you have the right to object in certain circumstances (see the section headed "Your Rights" below).

11. For the delivery of direct marketing to you via e-mail, we'll need your consent, whether via an opt-in or soft-opt-in:

(a) Soft opt-in consent is a specific type of consent that applies when you have previously engaged with us (for example, you contact us for more details about a particular product/service, and we are marketing similar products/services). Under "soft opt-in" consent, we will take your consent as given unless you opt-out.

(b) For other types of e-marketing, we are required to obtain your explicit consent; that is, you need to take positive and affirmative action when consenting by, for example, checking a tick box that we'll provide.

(c) If you are not satisfied with our approach to marketing, you have the right to withdraw your consent, see the section headed "Your Rights" below.

12. When you register with us and set up an account to receive our services, the legal basis for this processing is the performance of a contract between you and us and/or taking steps at your request, to enter into such a contract.

Whom we share Data with

13. We may share your Data with the following groups of people for the following reasons:

(a) Any of our group companies or affiliates - to ensure the proper administration of the website and business.

(b) Our employees, agents and/or professional advisors - to obtain advice from professional advisers;

- In each case, in accordance with this privacy policy

Keeping Data Secure

14. We will use technical and organisational measures to safeguard your Data; for example:

(a) Access to your account is controlled by a password and a user name that is unique to you

(b) We store your Data on secure servers

(c) Payment details are encrypted using SSL technology (typically you will see a lock icon or green address bar (or both) in your browser when you use this technology).

15. Technical and organisational measures include measures to deal with any suspected data breach. If you suspect any misuse or loss or unauthorised access to your Data, please let us know immediately by contacting us via this email address: vipi@ya-pombe.com

16. If you want detailed information from Get Safe Online on how to protect your information and your computers and devices against fraud, identity theft, viruses, and many other online problems please visit www.getsafeonline.org. Get Safe Online is supported by HM Government and leading businesses

Data Retention

17. Unless a longer retention period is required or permitted by law, we will only hold your Data on our systems for the period necessary to fulfil the purposes outlined in this privacy policy or until you request that the data be deleted.

18. Even if we delete your Data, it may persist on backup or archival media for legal, tax, or regulatory purposes.

Your Rights

19. You have the following rights in relation to your Data:

(a) Right to access - the right to request (i) copies of the information we hold about you at any time, or (ii) that we modify, update or delete such information. If we provide you with access to the information we hold about you, we will not charge you for this, unless your request is "manifestly unfounded or excessive". Where we are legally permitted to do so, we may refuse your request. If we refuse your request, we will tell you the reason why.

(b) Right to correct - the right to have your Data rectified i.e. it is inaccurate or incomplete

(d) Right to restrict our use of your data - the right to block us from using your Data or limit the way in which we can use it.

(e) Right to data portability - the right to request that we move, copy or transfer your data

(f) Right to object - the right to object to our use of your Data including where we use it for legitimate interests.

20. To make enquiries, exercise any of your rights set out above, or withdraw your consent to the processing of your Data (where consent is our legal basis for processing your Data), please contact us via this email address: vipi@ya-pombe.com

21. If you are not satisfied with the way a complaint you make in relation to your Data is handled by us, you may be able to refer your complaint to the relevant data protection authority. For the UK, this is the Information Commissioner's Office (ICO). The ICO's contact details can be found on their website at https://ico.org.uk/

22. It is important that the Data we hold about you is accurate and current. Please keep us informed if your Data changes during the period for which we hold it.

Links to other websites

23. This Website may from time to time, provide links to other websites. We have no control over such websites and are not responsible for the content of these websites. This privacy policy does not extend to your use of such websites. You are advised to read the privacy policy or statement of other websites prior to using them.

Changes of business ownership and control

24. Bandari Ya Pombe may from time to time expand or reduce our business and this may involve the sale and/or the transfer of control of all or part of Bandari Ya Pombe. Data provided by Users will, where it is relevant to any part of our business so transferred be transferred along with that part and the new owner or newly controlling party will, under the terms of this privacy policy, be permitted to use the data for purposes of for which it was originally supplied to us.

25. We may also disclose Data to a prospective purchaser of our business or any part of it.

26. In the above instances, we will take steps with the aim of ensuring your privacy is protected.

27. This website may place and access certain Cookies on your computer. Bandari Ya Pombe uses cookies to improve your experience of using the website and to improve our range of products. Bandari Ya Pombe has carefully chosen these Cookies and has taken steps to ensure that your privacy is protected and respected at all times.

28. All cookies used by this Website are used in accordance with current UK and EU Cookie Law.

29. Before the Website places Cookies on your computer, you will be presented with a message bar requesting your consent to set those Cookies. By giving your consent to the placing of Cookies, you are enabling Bandari Ya Pombe to provide a better experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of the Website may not function fully or as intended.

30. This Website may place the following Cookies:

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 works, for example, by ensuring that users are finding what they are looking for easily.

31. You can find a list of Cookies that we use in the Cookies Schedule.

32. You can choose to enable or disable Cookies in your internet browser. By default, most internet browsers accept cookies but this can be changed. For further details, please consult the help menu in your internet browser.

33. You can choose to delete cookies at any time however, you may lose any information that enables you to access the Website more quickly and efficiently including, but not limited to, personalisation settings.

34. It is recommended that you ensure that your internet browser is up to date and that you consult the help and guidance provided by the developer of your internet browser if you are unsure about adjusting your privacy settings.

35. For more information generally on cookies, including how to disable them, please refer to aboutcookies.org. You will also find details on how to delete cookies from your computer.

General

36. You may not transfer any of your rights under this privacy policy to any other person. We may transfer our rights under this privacy policy where we reasonably believe your rights will not be affected.

37. If any court or competent authority finds that any provision of the privacy policy (or part of any provision is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this privacy policy will not be affected.

38. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

39. This Agreement will be governed by and interpreted according to the law of Kenya, England and Wales. All disputes arising under the Agreement will be subject to the exclusive jurisdiction of the Kenyan, English and Welsh courts.

Changes to this privacy policy

40. Bandari Ya Pombe reserves the right to change this privacy policy as we may deem it unnecessary from time to time or as may be required by law. Any changes will be immediately posted on the Website and you are deemed to have accepted the terms of the privacy policy on your first use of the Website following the alterations.

You may contact Bandari Ya Pombe by email at vipi@ya-pombe.com

Privacy Policy

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