Introduction

Kapa Oil Refineries Limited (hereinafter referred to as “we”) respects the privacy of visitors of its website and is committed to protecting it through our compliance with the Constitution of Kenya, 2010, Data Protection Act, 2019, this privacy policy (hereinafter referred to as the “Policy”) and any other applicable laws and regulations. Maintaining protection of the data entrusted to our care by any data subject is of the utmost importance to us.

This Policy describes the types of data we may collect from the data subject (hereinafter referred to as “you”) or that you may provide and describes our policies and practices for collecting, using, protecting, and disclosing that data.

This Policy may change from time to time, so check the Policy periodically for the most current version. If you have any questions about the meaning or interpretation of this Policy, the English-language version of this Policy is the official text. The date of the Policy was last revised is identified at the bottom of the policy. It is your responsibility to review this Policy for any changes. By continuing to use our website, use of our services or participation in our programs, you agree to any changes in the Policy.

Your Rights in Relation to Your Data

The Data Protection Act 2019 gives you, the data subject, various rights in relation to your personal data that we hold and process. These rights are set out in Section 26 of the Data Protection Act, 2019. They are as follows:

The right to:

• Be informed of the use to which your personal data is to be put;
• Access your personal data in custody of a data controller or data processor;
• To object to the processing of all or part of your personal data;
• To correction of false or misleading data; and
• To deletion of false or misleading data about you.

Other rights provided in the Data Protection Act 2019 include:

• Right to withdraw consent of data processing at any time
• Right to data portability
• Right of rectification of inaccurate, outdated, incomplete or misleading data
• Right to erase or destroy without undue delay personal data that is no longer authorised to be retained by the data controller, is irrelevant, excessive or was obtained unlawfully.

Full details of these rights can be found in the Data Protection Act or by reference to guidance produced by the Office of the Data Protection Commissioner (ODPC).

In the event that you wish to exercise any of these rights you may do so as provided for in the section “Accessing and Correcting Your Personal Data” in this Policy.

Data We Collect About You

We may collect the following types of personal data from you:

• Name
• Email address
• Phone Number
• Physical Address
• Postal Address
• Postal Code
• Telephone Number
• Mobile Phone Number
• User location (Country and Town)
• Browser type

How We Collect your Data

Requested Data

While you visit our website, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal
Data”). Personally identifiable information may include, but is not limited to:

• Email address
• First name and last name
• Phone number
• Address, Country, State, Province, ZIP/Postal code, City

Cookies and Usage Data

We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you.

Provision of this data is voluntary, further, you may opt out of receiving any, or all, of these communications.

This Personal Data is collected when you fill the forms available on our website.

There are eight forms and each of them collects different data depending on the form.

The forms are:

1. Local Enquiry Form. Data requested here includes: Name, Email, Telephone Number, Name of company, Area of operation, Physical address, products & sizes interested in, where a person learnt about products, date
2. Complaints Form: Data collected here includes: Product name, product size, product batch number, product expiry date, store the product was purchased from, nature of complaint, source URL, user IP.
3. Export Enquiry Form: Data requested here includes: Name of importer, country of export, country of import.
4. General Enquiry Form: Data requested here includes: Occupation, Postal Address, city, postal code, mobile number, country, comment.
5. Local Order Form: Data requested here includes: Distributor name, order form.
   Newsletter Subscription Form: Data requested here includes: Gender, Date of birth, details of the products.
6. Subscribers: Email address of the people who subscribe to the KAPA newsletter.
7. Pricelist: Name, Telephone, Email, Country, Location, Entry Date, Source URL.

Information Collected By Automated Means

Cookies

We use cookies and similar tracking technologies to track the activity on our website and we hold certain information. This allow us to keep track of analytics and certain statistical information which enables us to improve the websites and provide you with more relevant content and advertisements on our websites and other sites.

Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyse our Service.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our website.

Examples of Cookies we use:

Session Cookies: We use Session Cookies to operate our Service

Preference Cookies: We use Preference Cookies to remember your preferences and various settings.

Security Cookies: We use Security Cookies for security purposes.

Advertising Cookies: Advertising Cookies are used to serve you with advertisements that may be relevant to you and your interest Cookies may collect certain data about your equipment, browsing actions, and patterns, including: Details of your visits to our website, including traffic data, location data, logs, and other communication data and the resources that you access and use on our website Information about your computer and internet connection, including your IP address, operating system, and browser type.

Please note that collection of data by cookies is anonymized and subject to your
consent to accept cookies.

Usage Data

We may also collect information that your browser sends whenever you visit our website or when you access our website by or through any device (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When you access the website with a device, this Usage Data may include information such as the type of device you use, your device unique ID, the IP address of your device, your device operating system, the type of Internet browser you use, unique device identifiers and other diagnostic data.

Information Collected From Other Sources

We may obtain information about you from other sources e.g. social media platforms. This information may include your name, demographic information, interests, and publicly-observed data, such as from social media, online activity, and shopping behaviour. We may combine this information with the information we collect from you to help us tailor our communications to you and to improve our services and products. Your provision of this date is voluntary. If you do not provide these data, we may not be able to efficiently provide to you the services listed in the below ‘How we Use your Personal Data’ section.

How we Use your Personal Data

• To fulfil orders placed
• To respond to your comments or questions, or contact you if needed while processing a product or service you requested through our website
• To improve our website, products, and services; develop new products or services; to improve the quality of our goods and service delivery; and conduct analysis to enhance current products and services
• To review the usage and operations of our website and improve our content, products and services, including contacting you for your opinions on Kapa Oil Refineries products, services, or websites
• To send you promotional offers, newsletters, materials, and other communications and information about Kapa Oil Refineries Limited, its portfolio of brands, affiliates, and its partners
• To provide you with content that is customized to your interests, targeted offers, and advertising on the website, on third party sites and media platforms, including in social media, or via email
• To contact you as necessary when you enter a contest, sweepstakes, or game in order to conduct the promotion (for example, to contact you if you’re a winner)
• To contact you when necessary
• To use your data in an aggregated non-specific format for analytical and demographic purposes
• To address problems with the website or our business
• To manage our telecommunications networks
• To protect the security or integrity of the website and our business As otherwise described to you at the point of data collection
• To fulfil any other purpose for which you provide it For any other purpose where we have your consent

Disclosure of your Personal Data to Third Parties

We do not sell or otherwise disclose personal information about our website visitors, except as described here. We do not share your personal information with unaffiliated third parties for their own marketing purposes without your consent.

Google Analytics & Google web master tools may collect anonymous device information while you are browsing the site.

We may share the information we collect from and about you in the following ways:

• Among Kapa Oil Refineries Limited’s affiliated companies
• To our third party service providers we have retained to perform a business, professional or technical support functions for us, including to the extent necessary or desirable to help run promotions, fulfil orders, complete your transaction, or provide customer service. These service providers may have access to personal information about our website visitors if it is needed to perform their functions for Kapa Oil Refineries Limited, but they are not authorized by Kapa Oil Refineries Limited to use or disclose the information except as necessary to perform services on Kapa Oil Refineries Limited’s behalf or to comply with legal requirements
  As is necessary to investigate or prevent an actual or suspected crime or injury to ourselves or others, as permitted by law
• If we believe that there has been a violation of our Terms of Use or of our rights or the rights of any third party
• To respond to judicial process or provide information to law enforcement authorities, regulatory agencies, or other government officials, or otherwise as required by law As otherwise described to you at the point of collection
• During the normal course of our business, we may sell or purchase assets. If another entity acquires us or any of our assets, information we have collected about you may be transferred to such entity. In addition, if any bankruptcy or reorganization proceeding is brought by or against us, such information may be considered an asset of ours and may be sold or transferred to third parties.
• Should a sale or transfer occur, we will use reasonable efforts to try to require that the transferee use personal information provided through the website in a manner that is consistent with this Privacy Policy.

You may access, view, edit, modify and delete your data shared to any third parties by emailing marketing@kapa-oil.com with a copy to Legal@kapa-oil.com with your request.

Links to Other Websites

This website may contain links to other sites. We provide these links solely for your convenience and information. Different websites have different privacy practices. You should always check the privacy notice of the specific site you’re visiting to understand the privacy practices associated with that site. We are not responsible for the content or privacy practices of third party websites.

Accessing and Correcting Your Personal Data

You may access and correct your data by emailing marketing@kapa-oil.com with a copy to Legal@kapa-oil.com to request access to, correct, or delete any personal data that you have provided. We may choose not to accommodate a request to change or delete data if we believe the change or deletion would violate any law or legal requirement or cause the data to be incorrect.

If you delete your User Content from the Website, copies of your User Content may remain viewable in cached and archived pages or might have been copied or stored by other Website users.

Security Measures to be taken to Ensure Integrity and Confidentiality of your Personal Data

The security of your information is important to us. We have taken certain administrative, technical, and physical steps to safeguard the information we collect from and about our customers and website visitors against unauthorized use, disclosure, alteration, or destruction.

The website is running on a secure protocol (HTTPS) which ensures that all data transmitted is encrypted and the end-to-end channels are secure before transmission.

We also have put in place security measures on the server to ensure that the databases holding personal info are not accessible to unauthorized uses. This ensures that the transmission of sensitive data is encrypted and appropriately safeguarded While we make every effort to help ensure the integrity and security of our network and systems, we cannot guarantee our security measures to be free from vulnerabilities.

The safety and security of your personal data also depends on you.

Children under the Age of 18 and Mentally Disabled Persons

Our website is not intended for children under 18 years and/or mentally disabled persons. We do not knowingly collect personal data from children under 18 without parental consent or mentally disabled persons without consent from a person duly authorized to act as their guardian or administrator.

No one under age 18 or mentally disabled may provide any personal data to or on our website.

If you are under 18 or mentally disabled, do not:

• Use or provide any personal data on our website or on or through any of its features
• Register on our Website, make any purchases through our website
• Use any of the interactive or public comment features of our website, or Provide any personal data about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use.

If we learn we have collected or received personal data from a child under 18 or a mentally disabled person without verification of consent from the parents/guardians or administrator, we will delete that personal data. If you believe we might have any personal data from or about a child under 18 or mentally disabled persons, please contact us at marketing@kapa-oil.com with a copy to Legal@kapa-oil.com

How Long We Retain Your Personal Data

We retain your personal data for as long as necessary in the circumstances, for instance:

As long as you are subscribed to our newsletters and other website features for a reasonable period to send you information, program information, and marketing materials where you have registered for a promotion, or any other service or we have regular contact with you, or As may be needed to enforce or defend contract claims or as is required by applicable law.

Personal data that is processed by us will not be retained for any longer than is necessary for that processing, or for purposes relating to or arising from that processing. Please note, however, that different periods for keeping your personal data will apply depending upon the type of data being retained and the purpose of its retention.

We will delete and/or anonymize any personal data which it is no longer necessary for us to retain Contact Information

Kapa Oil Refineries Limited is domiciled in Kenya, Machakos County along Mombasa Road.

You may contact us on email through marketing@kapa-oil.com with a copy to Legal@kapa-oil.com

This Privacy Policy was last revised on: 27th September 2022