Dated: 15th November 2024
Zeno Customer Agreement: Terms and Conditions
These Terms and Conditions (“Terms”) govern your use and access of Zeno Moto Limited (“Zeno”, “us”, “our”, “we”) Websites and Software/Mobile Applications (collectively the “Platforms”), through which we administer related products and services to you as a licensed electric motorcycle dealer within the Republic of Kenya.
Please read these Terms carefully as, by using, accessing or signing up to the Platforms, you acknowledge that you have read, understand, and agree to be bound by these Terms. You may not use or access the Platforms if you do not agree to these Terms or any part thereof.
Eligibility
To use and access the Platforms, you must meet the following preconditions: the User must be 18 years of age or older and must have a valid driver’s license, as may be mandated from time to time to have full power and right to enter into these Terms.
Registration of Account
You shall be required to use the Platforms in order to access our products and services, such as battery charging, swapping and subscription services for your electric motorcycle.
When registering an account, you will be asked to provide personal information for KYC (Know Your Customer) purposes. Registration information will include your full name, national identity number, age, phone number, email, residential address and any other relevant data that may be requested by us.
You shall provide true, accurate, up to date and complete KYC information. If we believe or suspect that your information is not true, accurate, up to date or complete, we may decline registration of the account.
For security, you must create your own username and unique password to be keyed in prior to accessing your account. We may refuse to grant your username or password for any reason at our sole discretion.
Your log-in details are for your personal use only and must be kept confidential. You are fully responsible for all activities that are conducted through your account and must immediately notify us of any unauthorized use of your account.
You may only register One (1) Account at a time and you must not have been previously suspended or prohibited from use or access to our Platforms.
Use of the Platforms
Subject to these Terms, Zeno grants you a limited, non-exclusive, non-transferable, revocable permission to use the Platforms and access the products and services offered therein.
If you are a visitor to the Platforms, we grant you a limited license to view the Platforms for information purposes only.
All rights and interests that are not specifically granted under this Terms are expressly reserved by Zeno.
You shall not impersonate another person or falsely misrepresent your identity while using or accessing the Platforms.
You may update or correct your personal information and contact details provided while using or accessing the Platforms as we shall send all communication and notices to the indicated phone number and/or email address.
You authorize and consent to all lawful collection, use and disclosure of your personal data and usage data generated from the Platforms in connection to your use and access of the products and services offered therein.
If you print a copy of or download the content on our Platforms, you must retain the proprietary notices and legends contained therein.
Restrictions
You may not: modify, alter, reproduce or prepare derivative works based on our Platforms reverse engineer, decompile or disassemble the Platforms, hack systems or tamper with the secure use of the Platforms, data mine, sublicense access to the platforms to third parties without permission, extract or harvest data from the Platforms, remove any proprietary notations from any portion of the Platforms broadcast, use platform to engage in phishing, spamming or other unsolicited marketing activities, frame, mirror or transmit the material on our Platforms, use our Platforms for illegal or unlawful purposes, use the platform access as a means to infringe on third party’s intellectual property rights, access the Platforms using a robot, spider or other automated device, exploit the Platforms in any manner whatsoever without our prior consent.
You shall not upload to, submit or display via the Platforms any content that is abusive, defamatory, libellous, obscene, threatening, false, fraudulent, objectionable or contravenes any applicable laws and/or regulations.
Intellectual Property Rights
We own all the intellectual property in the Platforms including any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, videos, text, designs and copyrights (collectively the “Content”).
Except as expressly stated herein, these Terms do not grant you any intellectual property rights save for a limited license to use and access the Content for personal, non-commercial use.
You may not misappropriate, use without permission, misuse, infringe or otherwise violate our intellectual property rights, whether registered or unregistered.
Any third-party content displayed on our Platforms belong to the respective owners and we do not claim any intellectual property rights thereto or endorse the accuracy or reliability of such third-party content.
Disclaimer of Warranties
The Platforms and all associated Content is provided “AS IS” and “AS AVAILABLE” and we do not make any warranty, representation or guarantee of any nature, express or implied, including, without limitation, as to fitness for a particular purpose,performance, title, or non-infringement.
No advice or information on the Platforms, whether verbal or written, obtained by you from our employees, directors, officers, agents, or any other person shall create any warranty, representation or guarantee not expressly stated in this Terms.
Indemnity and Limitation of Liability
You shall indemnify, defend and hold harmless Zeno, its employees, directors, officers and agents against any direct or indirect liabilities, costs, expenses, damages, loss of profit, loss of interest and all reasonable legal and professional costs incurred or suffered by you, arising out of or in connection with:
your use, access or inability to use or access the Platforms, unauthorized use of the Platforms under your username or password, uninterrupted, secure or error free use of the Platforms, corruption of systems and loss of data, availability of the products and services on our Platforms, the quality and performance of the Platforms, the accuracy, reliability or completeness of our Content
the accuracy, reliability or completeness of third-party Content on our Platforms
infringement of our or third-party intellectual property rights
sanctions against you for breach of these Terms or misuse of the Platforms
discontinuance of the Platforms by us
Termination of Account
You may terminate your Account by deleting or deactivating it at any point and time if you so wish.
We do not accept responsibility or liability for any records of information that may be unavailable to you as a result of termination of your account.
We may terminate your Account at any time and for any reason by sending a written notice to you, subject to applicable laws.
Breach of Terms
If you breach or violate these Terms in any way, we may: temporarily suspend or block your account,
delete/deactivate your account at our sole discretion, restrict use access to specific products and services on the Platforms, restrict or block devices using your IP address to access the Platforms
contact any or all of your internet service providers and request that they block your access to our Platforms.
In the warranted event that we delete, suspend, block or restrict your account, you will be prohibited from registering a new account or taking any action to circumvent such deletion, suspension, block or restriction. We kindly remind you that compliance with these Terms is essential.In event of breach of these terms, we reserve the right to take legal actions to protect our interests.
Modification
We may update these Terms at any time to reflect changes to our terms of use, changes in law or any other incidental matters affecting the Terms without prior notice. Continued use or access to the Platforms after we post the updated Terms constitutes your consent to be bound by the changes to the Terms. We shall further update the “Last Updated Date” on the Terms for your notice.
Data Privacy
Zeno shall collect, store, use, share, and disclose your personal data in accordance with our Privacy Policy, incorporated into these Terms by reference.
Various
These Terms shall be governed by and construed in accordance with the laws of the Republic of Kenya.
You agree that any claims, controversy and disputes arising from or relating to these Terms, or your use and access of the Platforms shall be finally resolved through binding Arbitration in accordance to the Arbitration Act 1995 (as amended) of Kenya and any rules or regulations made pursuant to the Act.
You may not assign, transfer or sub-contract all or any portion of your rights, obligations or limited license granted to use and access the Platforms, or any portion of these Terms.
You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and obligations under these Terms.
Failure to enforce any provision of these Terms shall not be deemed a waiver of such provision or of any other provision. If any provision, warranty or disclaimer in these Terms is declared invalid or unenforceable pursuant to applicable law, the invalid provision shall be severable and the remainder of these Terms shall continue in full force and effect.
We may send all communication and notices to you via SMS, phone call and/or email to the contact information you provide to us.
If We have a User's contact details (if, for example, a User has an Account), We may from time to time send you important notices by email or popup during the use of Our Application. Such notices may relate to matters including, but not limited to, service changes, changes to these Terms of Use, and changes to your Account.
Our Details
Our principal place of business, registered postal address, telephone and email are as published on our Platforms from time to time.
Last Updated: November 15 2024
PRIVACY POLICY
DATED: 15th November 2024
1.1 In this Policy (as defined below), unless the context requires otherwise, the following capitalised terms shall have the meanings given to them –
1.1.1 Automated Processing means any form of automated processing of Personal Data without any human involvement;
1.1.2 Applicable Law means the Data Protection Act 2019 and any other laws that are applicable to Personal Data and Sensitive Personal Data in Kenya and includes any statute, regulation, notice, policy, directive, ruling or subordinate legislation; any binding court order, judgement or ruling; any applicable industry code, policy or standard enforceable by law; or any applicable direction, policy or order that is given by any regulator or competent authority in Kenya;
1.1.3 Child means any natural person under the age of 18 (eighteen) years;
1.1.4 Company means Zeno Moto Limited and all its related companies, including Zeno Moto Corporation and Zeno Moto India PVT Ltd.
1.1.5 Consent means any express, unequivocal, free, specific, and informed indication of the Data Subject's wishes by a statement or by a clear affirmative action, signifying agreement to the processing of Personal Data relating to the Data Subject;
1.1.6 Data Breach means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, access to, or acquisition of Personal Data under the control of or in the possession of Zeno Moto Limited.
1.1.7 Data Controller means Zeno Moto Limited ,which determines the purpose and means of Processing of Personal Data;
1.1.8 Data Protection Officer (DPO) means the person appointed as such under the DPA;
1.1.9 Data Subject means any identified or identifiable natural person to whom Personal Data processed by Zeno Moto Limited relates;
1.1.10 Direct Marketing means to approach a person, by electronic communication, for the purpose of promoting or offering to supply, in the ordinary course of business, any goods or services to them Íž
1.1.11 DPA means the Kenyan Data Protection Act Number 24 of 2019;
1.1.12 Employee means any employee of Zeno Moto Limited;
1.1.13 Personal Data means any information relating to an identified or identifiable natural person;
1.1.14 Policy means this Privacy Policy;
1.1.15 Processing means any operation or set of operations that is performed upon Personal Data or on sets of Personal Data, whether or not by automatic means, such as collection, recording, organization, structuring, storage, adaptation, alteration, retrieval, consultation, use, transfer, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, restriction, erasure or destruction. "Process" has a corresponding meaning;
1.1.16 Regulator means the Office of the Data Commissioner established under the DPA;
1.1.17 Sensitive Personal Data means any data revealing the natural person's race, health status, ethnic social origin, conscience, belief, genetic data, biometric data, property details, marital status, family details including, names of the person's children, parents, spouse or spouses, sex, or the sexual orientation of the Data Subject;
1.1.18 Third Party means any independent contractor, agent, consultant, sub-contractor or other authorised representative of Zeno Moto Limited;
1.1.19 Website means the Company’s website currently located at https://zeno.earth and any accounts operated by Zeno Moto Limited on social media platforms.
1.1.20 We, Our and Us means Zeno Moto Limited and includes the successors, affiliates and assigns of Zeno Moto Limited.
2.1 This Policy has been adopted in order to assist in establishing and maintaining an adequate level of privacy and protection in the Processing of Personal Data and Sensitive Personal Data including that relate to current, past and prospective Zeno Moto Limited personnel, clients, suppliers, contractors and business associates.
2.2 The Policy further defines how we Process your Personal Data and information when you use or access our Website, mobile software applications, vehicles, smart batteries, battery chargers, or battery swapping cabinets (the “Platforms , Products and Services”).
2.3 Zeno Moto Limited is the Data Controller in relation to the Processing of Personal Data and Sensitive Personal Data pursuant to this Policy. We acknowledge the need to ensure that Personal Data is Processed with care and we are committed to ensuring that we comply with the requirements of the Applicable Law in the Processing of Personal Data and Sensitive Personal Data.
Zeno Moto Limited as defined in this policy operates independently in the collection , processing and storage of personal data. While Zeno Moto Limited is part of the Company, its affiliates are not directly involved in data processing activities and shall not be held liable for any data breaches, security incidents occurring within Zeno Moto Limited
3.1 The purpose of this Privacy Policy is to inform Data Subjects about how Zeno Moto Limited Processes their Personal Data and Sensitive Personal Data by, inter alia, collecting or collating, receiving, recording, storing, updating, distributing, erasing or destroying, disclosing and/or generally using the Data Subject's Personal Data and Sensitive Personal Data.
3.2 This Policy applies to Personal Data and Sensitive Personal Data Processed by Zeno Moto Limited:
3.2.1 in connection with the Products which we offer and provide;
3.2.2 offline through our Direct Marketing campaigns (save for Sensitive Personal Data which is not collected for this purpose); and
3.2.3 online through our Websites, branded pages on Third Party platforms and applications accessed or used through such websites or Third Party platforms which are operated by or on behalf of Zeno Moto Limited.
3.3 This Policy does not apply to the information practices of Third Party companies (including without limitation, their websites, platforms and/or applications) which we do not own or control; or individuals that Zeno Moto Limited does not manage or employ. These Third Party sites may have their own privacy policies and terms and conditions and we encourage you to read them before using those Third Party sites.
4.1 We may collect and process different types of Personal Data and Sensitive Personal Data about you depending on the nature of engagement you have with us. This may include:
4.1.1 User data directly provided by you including:
4.1.1.1 profile data:- in order to use or access our Products, you shall be required to register an account and provide Know Your Customer (KYC) details to complete your profile. This may entail personal identifiable information such as your name, gender, national Identification number, passport photo, telephone number, email address and residential address.
4.1.1.2 communication data:- we collect information when you send us an email, sign up to receive updates, submit a request for information or otherwise exchange correspondence with us via chat, text or call.
4.1.1.3 images:- in our mobile application, we provide a feature that allows users to upload feedback along with optional image attachments. We collect and process these images solely for the purpose of enhancing our understanding of the feedback provided by our users. The images may include screenshots, photos, or other visual materials relevant to the feedback submitted.
4.1.2 User data generated when you use or access our Products includes:
4.1.2.1 log data:- this is data automatically collected by our servers when you use or access the Products such as log time, access date, IP address and duration spent on the Products.
4.1.2.2 usage data:- we collect information about how you use the Products , such as the features you use, actions taken and the date/time the action was performed, diagnostic data, and any other user interaction data.
4.1.2.3 transaction data:- we shall collect transaction data when you make payments for products and services on the Products . This will include amount paid, method of payment, time of payment, service paid for, discounts etc.
4.1.2.4 Charging Points and Infrastructure Data :- We collect and process data related to Charging Stations, including usage statistics, maintenance records, and payment transactions, to optimize services, ensure billing accuracy, and improve infrastructure planning. When users make reservations, we collect personal information, battery reservation details, and payment data to confirm bookings, send reminders, and manage availability.
4.1.2.5 location data:- we collect precise or approximate location data during the use of our smart batteries and vehicles, including to prevent and detect theft, and to help us improve our products and services. We may collect location data from our mobile application if you enable us to do so (such as granting permission to a location sharing request).
4.1.2.6 device data:- we collect data such as device type, device status, operating system version, performance data, device identifier number, location, and other device-related data.
4.1.2.7 user review data:- we collect data on your comments and ratings on our products and services that may be submitted through our website or mobile applications. We may also collect this information through direct calls or surveys.
4.1.3 User data from third party sources includes:
4.1.3.1 social networks data:- you may grant us permission to access your profile data from third party networks such as Facebook, where we shall collect information publicly displayed on your account on network friends, likes, dislikes and any other Data Subject to the terms of use therein. You may also link your social network accounts to our Products.
4.1.3.2 Third Party service providers data: we may collect your Personal Data from third parties that work with us in connection to offering the Products to you.
4.1.3.3 publicly available sources: we collect Personal Data from public sources of information such as open government databases.
4.1.4 For the information collected from your various devices, we may associate them so that we can provide you with consistent services on these devices. Please note that separate device information, log information, etc. are information that cannot identify a specific natural person.
4.1.5 If we combine this type of non-personal information with other information to identify a specific natural person, or combine it with Personal Data, this type of non-personal information will be treated as Personal Data during the combined use. We will anonymize and de-identify this type of Personal Data unless we obtain your authorization or otherwise stipulated by laws and regulations.
4.2 Please note that Zeno Moto Limited may collect Personal Data indirectly (i.e., from other sources apart from the Data Subject) where:
4.2.1 the Personal Data is contained in a public record;
4.2.2 the Data Subject has deliberately made the Personal Data public;
4.2.3 the Data Subject has consented to the collection from another source;
4.2.4 the Data Subject has an incapacity and the guardian appointed has consented to the collection from another source;
4.2.5 the collection from another source would not prejudice the interests of the Data Subject; or
4.2.6 collection of Personal Data from another source is necessary:
4.2.6.1 for the prevention, detection, investigation, prosecution, and punishment of crime;
4.2.6.2 for the enforcement of a law which imposes a pecuniary penalty; or
4.2.6.3 for the protection of the interests of the Data Subject or another person.
5.1 We may use your Personal Data for various purposes including to:
5.1.1 create your account:- to use or access our Products, you must register an account with us. We process the Personal Data you voluntarily submit for account registration to enable us to provide the Products to you;
5.1.2 improve the Products:- we use your information to personalize your experience and increase the efficiency of our Products;
5.1.3 contact you:- we shall communicate with you via SMS, call, or email and through the contact details you supply to us. You may update, change, or rectify your contact information if the need arises;
5.1.4 secure the Products:- we use your information to monitor suspicious activity, perform background checks, detect, and prevent fraudulent activities;
5.1.5 pitch business collaborations:- we may use your information to evaluate the prospects of a partnership, merger, or other restructuring and reorganization;
5.1.6 market and advertise:- we use your information to curate advertisements and to send you special offers and general information about new products and services;
5.1.7 comply with internal policies:- we use your information to meet corporate compliance obligations such as internal record keeping requirements;
5.1.8 respond to requests:- we use your information to respond to your inquiries, questions, or complaints;
5.1.9 resolve disputes:- we use your data to investigate and resolve your claims; and
5.1.10 Make automated decisions:- we use your data to make general automated decisions such as approval of your request for one of our Products.
5.2 We may compile anonymous statistical data to identify usage trends, track service performance, evaluate promotional campaigns, conduct data analysis and carry out research. However, this data is not identifiable to a natural person and is therefore not Personal Data.
6.1 Zeno Moto Limited will only Process a Data Subject's Personal Data where it has a lawful ground for doing so including where –
6.1.1 the Consent of the Data Subject (or a parent, guardian or any other person duly authorised by the Data Subject, where the Data Subject is a Child or has incapacity to Consent) is obtained;
6.1.2 Processing is necessary to enable Zeno Moto Limited to perform the contract We are about to enter into or have entered with you;
6.1.3 Processing is necessary for complying with an obligation imposed by law on Zeno Moto Limited;
6.1.4 Processing is necessary for the protection of a vital interests of the Data Subject; and/or
6.1.5 Processing is necessary for pursuing the legitimate interests of Zeno Moto Limited or of a third party to whom the Personal Data is supplied except if the Processing is unwarranted in any particular case having regard to the harm and prejudice to the rights and freedoms or legitimate interests of the Data Subject.
6.2 The below Processing activities will be conducted on lawful grounds which may include the ones set out in the table below –
| Processing Activity | Legal Basis |
| Sharing Personal Data with third parties such as regulators, banks and correspondent attorneys. | Justified in terms of the following legal basis: (i) Personal Data is shared with regulators where this is necessary in order to comply with legal obligations imposed on Zeno Moto Limited. (ii) Personal Data is shared with Third Parties where such sharing is necessary for the conclusion or performance of a contract to which the Data Subject is party. |
| Collecting Personal Data from potential Employees | Justified on the legal basis that Zeno Moto Limited has a legitimate interest of conducting due diligence with regard to potential Employees. |
| Collecting Personal data for purposes of communication with a Data Subject who may contact Zeno Moto Limited, via email or by telephone. | Personal Data is processed on the legal basis that Zeno Moto Limited has a legitimate interest that requires necessary communication with any Data Subjects that require any information from Zeno Moto Limited where it is in the interest of Zeno Moto Limited to provide the same. |
| Processing of Personal Data as part of the "Know Your Customer (KYC)" process as per the requirements of Section 45 of the Proceeds of Crime and Anti-Money Laundering Act, 2009 | The Personal Data is processed in order to comply with legal obligations imposed on Zeno Moto Limited. |
| Processing Personal Data that may be captured in images sent to Us for the purpose of enhancing our understanding of the feedback provided by users of our Products. | Justified on the legal basis that Zeno Moto Limited has a legitimate interest in understanding user experience and issues encountered when using its Products. |
| The Personal Data is processed on the grounds of legitimate interest for purposes of preventing and detecting theft as well as well as enabling Zeno Moto Limited to improve on its Products and services. |
| Justified on the legal basis that Zeno Moto Limited has a legitimate interest of understanding user experience and personalizing users experiences when using its Products. |
7.1 Zeno Moto Limited will make Data Subjects aware of the fact that it is Processing their Personal Data and inform them of the specific purpose for which Zeno Moto Limited will be Processing such Personal Data, including making the Data Subject aware of any Third-Party recipients of the Personal Data (which may also include cross-border transfers of Personal Data).
7.2 Where Zeno Moto Limited collects Personal Data indirectly, it will inform the Data Subject of the collection within fourteen days.
7.3 Zeno Moto Limited will not use the Personal Data and Sensitive Personal Data of a Data Subject for any purpose other than the purposes set out under this Terms without the Consent of the Data Subject, unless Zeno Moto Limited is permitted or required to do so by law.
7.4 Where Zeno Moto Limited is relying on a Data Subject's Consent as the legal basis for Processing Personal Data, the Data Subject may withdraw his/her/its Consent at any time, but such withdrawal shall not affect the lawfulness of any Processing of Personal Data that had already been lawfully carried out before the withdrawal of Consent.
7.5 If the Consent is withdrawn or if there is otherwise a justified objection against the use or the Processing of such Personal Data, Zeno Moto Limited will ensure that the Personal Data is no longer Processed.
8.1 To the extent that Zeno Moto Limited carries out any Direct Marketing, it shall strive to observe, and comply with its obligations under DPA and any other Applicable Law when implementing principles and practices in relation to Direct Marketing.
8.2 Zeno Moto Limited acknowledges that it may only use Personal Data to contact the Data Subject for purposes of Direct Marketing from time to time where it is permissible to do so.
8.3 It may use Personal Data to contact any Data Subject and/or market Zeno Moto Limited's services directly to the Data Subject(s):
8.3.1 if the Data Subject is one of Zeno Moto Limited's existing clients;
8.3.2 if the Data Subject has requested to receive marketing material from Zeno Moto Limited or Zeno Moto Limited has the Data Subject's Consent to use the Data Subject's Personal Data to enable the marketing of Zeno Moto Limited's Services and no withdrawal of such request or Consent has been made by the Data Subject; and
8.3.3 only in relation to Zeno Moto Limited's services.
8.4 Zeno Moto Limited will ensure that a reasonable opportunity is given to the Data Subject to object to the use of their Personal Data for Zeno Moto Limited's Direct Marketing purposes when collecting the Personal Data and on the occasion of each communication to the Data Subject for purposes of Direct Marketing.
8.5 Zeno Moto Limited will not use your Personal Data to send you Direct Marketing materials if you have requested not to receive them. If you request that we stop Processing your Personal Data for Direct Marketing purposes, Zeno Moto Limited shall do so.
9.1 Information about our Data Subjects is an integral part of our business and we address sharing of your Personal Data as such. Zeno Moto Limited will make Data Subjects aware of the fact that it is Processing their Personal Data and inform them of the specific purpose for which Zeno Moto Limited will be Processing such Personal Data, including making the Data Subject aware of any Third Party recipients of the Personal Data (which may also include cross-border transfers of Personal Data).
9.2 We may disclose Personal Data that we collect from you for the purpose(s) that it was collected. Examples of where we may disclose your information include, but are not limited to:
9.2.1 legal compliance: we may disclose your information if required to do so by legal process, court order, or other regulatory authority to investigate a matter or in defense of a claim against or including ourselves
9.2.2 to third-party service providers: we may share your information with contracted third parties that perform services for us such as customer service, personal data processing, payment processing, legal and regulatory compliance, marketing, advertising, or hosting services.
9.2.3 business partnerships: we may share your information in pursuit of strategic business collaborations to offer certain products and services to you. such business partners will execute a binding non-disclosure agreement to safeguard the privacy of your data.
9.2.4 improving user experience: the images uploaded along with feedback help us better understand user experiences and issues encountered within our application. This allows us to make improvements and enhancements to provide a more seamless and satisfying user experience.
9.2.5 internal analysis: uploaded images analysed internally by our team to identify trends, common issues, and areas for improvement within our mobile application. this analysis is conducted to enhance the functionality, usability, and overall quality of our services.
9.2.6 research partnerships: we may share your data with approved research partners to further understand and improve our products and services. data provided to research partners will be anonymized to safeguard the privacy of user data.
9.2.7 company re-organization: if we are involved in a merger, acquisition, equity financing or other restructuring, we may share your personal data for due diligence.
9.2.8 to affiliates to help provide the products to you: we may transfer personal data across our affiliates and subsidiaries as we share common data systems and access may be needed to provide the products to you.
9.2.9 disclosure with your consent: we may seek your consent to share your information with other unaffiliated third parties.
9.3 Zeno Moto Limited may store Personal Data and Sensitive Personal Data related to Data Subjects in hardcopy format and/or in electronic format using Zeno Moto Limited's own secure on-site servers or other internally hosted technology. Personal Data and Sensitive Personal Data related to Data Subjects may also be stored by Third Parties, via cloud services or other technology, whom Zeno Moto Limited has contracted with, to support Zeno Moto Limited's business operations.
9.4 Zeno Moto Limited's Third Party service providers, including data storage and processing providers, may from time to time also have access to a Data Subject's Personal Data and Sensitive Personal Data in connection with purposes for which the Personal Data was initially collected to be Processed.
9.5 Zeno Moto Limited will ensure that such Third Party service providers will process the Personal Data in accordance with the provisions of this Policy and the Applicable Law.
9.6 These Third Parties do not use or have access to Data Subjects' Personal Data and Sensitive Personal Data other than for purposes specified by Zeno Moto Limited, and Zeno Moto Limited requires such parties to employ at least the same level of security that Zeno Moto Limited uses to protect Personal Data and Sensitive Personal Data related to its Data Subjects.
9.7 Personal Data and Sensitive Personal Data of Data Subjects may be Processed in another country where Zeno Moto Limited, its affiliates and their Third Party service providers maintain servers and facilities and Zeno Moto Limited will take steps, including by way of contracts, to ensure that any such Personal Data and Sensitive Personal Data continues to be protected, regardless of its location, in a manner consistent with the standards of protection required under Applicable Law. In the event of Sensitive Personal Data both consent and appropriate safeguards must be confirmed or established.
9.8 The decision to host the Personal Data and Sensitive Personal Data outside Kenya will be based on need to have access to best in class security and data protection infrastructure. By engaging Zeno Moto Limited, you hereby acknowledge and Consent that Zeno Moto Limited can host and transmit such data to locations outside Kenya.
10.1 Zeno Moto Limited acknowledges that it will generally not Process Sensitive Personal Data unless –
10.1.1 Processing is carried out in accordance with the Data Subject's Consent;
10.1.2 Processing is necessary for the establishment, exercise or defence of a legal claim;
10.1.3 Processing is necessary for purposes of carrying out the obligations and exercising specific rights of the Zeno Moto Limited or of the Data Subject;
10.1.4 the Sensitive Personal Data has manifestly been made public by the Data Subject; or
10.1.5 processing is necessary for protecting the vital interests of the Data Subject or another person where the Data Subject is physically or legally incapable of giving Consent.
10.2 Zeno Moto Limited affirms that its Products are not for use by a Child. A Child should therefore not use of Products, access our platforms or provide Personal Data to us.
10.3 Where Zeno Moto Limited is legally required to Process any Personal Data or Sensitive Personal Data concerning a Child, we will only do so where we have obtained the Consent of the parent or guardian of that Child and subject to Processing procedures that advance the rights and best interests of the Child.
11.1 Zeno Moto Limited may keep records of the Personal Data and Sensitive Personal Data it has collected, correspondence, or comments in an electronic or hardcopy file format.
11.2 Zeno Moto Limited may not retain Personal Data for a period longer than is necessary to achieve the purpose for which it was collected or processed and is required to delete, destroy (in such a way that it cannot be reconstructed) or de-identify the information as soon as is reasonably practicable once the purpose has been achieved, no longer applies or becomes obsolete. This prohibition will not apply where the retention of the record for a longer period than that stated above –
(a) is required or authorised by law;
(b) is consented to by the Data Subject (or competent person, where the Data Subject is a Child); or
(c) reasonably necessary for a lawful purpose.
11.3 Accordingly, Zeno Moto Limited will, subject to the exceptions noted herein, retain Personal Data or Sensitive Personal Data for as long as necessary to fulfil the purposes for which that Personal Data was collected and/or as permitted or required by Applicable Law.
11.4 In instances where Zeno Moto Limited de-identifies Personal Data or Sensitive Personal Data of a Data Subject, Zeno Moto Limited may use such de-identified information indefinitely without further notice to the Data Subject.
12.1 Should Zeno Moto Limited need to collect Personal Data or Sensitive Personal Data by law or to enable the Provision of its Products, and you fail to provide the Personal Data when requested, we may be unable to provide the Products to you.
12.2 In such a case, Zeno Moto Limited may have to decline to provide relevant Products or receive any services as the case may be, and you will be notified where this is the case.
13.1 Zeno Moto Limited shall preserve the security of Personal Data and Sensitive Personal Data of Data Subjects and, in particular, prevent its alteration, loss and damage, or access by non-authorised third parties.
13.2 We use administrative, technical, and physical security measures to help protect your personal data and information from unauthorised access, accidental loss, modification, or breach. However please be aware, despite the reasonable steps taken to secure the personal information you provide, no security measures are perfect or impenetrable and no method of data transmission can be guaranteed against any interception or other type of misuse.
13.3 Zeno Moto Limited has implemented physical, organisational, contractual and technological security measures (having regard to generally accepted information security practices or industry specific requirements or professional rules) to keep all Personal Data and Sensitive Personal Data secure, including:
13.3.1 installing firewall at Zeno Moto Limited's headquarters to enhance network security including prevention of cyber-attacks and blacklisting of unauthorized sites on the network;
13.3.2 implementing an elaborate access control restriction process for various systems to ensure individuals only have access to the data that they are authorized to access on a need to know basis;
13.3.3 password policy implementation including two-factor authentication;
13.3.4 embracing modern technologies by reliable Third Parties that have in place stringent data security measures. This minimizes the risk of physical access and other associated risks and ensures that your data is stored in locations that always have the best-in-class security protocols; and
13.3.5 conducting regular preventive maintenance of Zeno Moto Limited's devices including security checks to confirm no unauthorized software is installed on Zeno Moto Limited devices
13.4 Furthermore, Zeno Moto Limited maintains and regularly verifies that the security measures are effective and regularly updates same in response to new risks.
14.1 A Data Breach can happen for many reasons, which include: (a) loss or theft of data or equipment on which Personal Data or Sensitive Personal Data is stored; (b) inappropriate access controls allowing unauthorised use; (c) equipment failure; (d) human error; (e) unforeseen circumstances, such as a fire or flood; (f) deliberate attacks on systems, such as hacking, viruses or phishing scams; (g) alteration of Personal Data or Sensitive Personal Data without permission and (h) loss of availability of Personal Data or Sensitive Personal Data.
14.2 Zeno Moto Limited will address any Data Breach in accordance with the terms of the DPA and the regulations under it.
14.3 Zeno Moto Limited will notify the Regulator and the affected Data Subject (unless the Applicable Law requires that we delay notification to the Data Subject or permits a lack of notification to the Data Subject) in writing in the event of a Data Breach (or a reasonable belief of a Data Breach) in respect of that Data Subject's Personal Data or Sensitive Personal Data.
14.4 Zeno Moto Limited will provide such notification as soon as reasonably possible after it has become aware of any Data Breach in respect of such Data Subject's Personal Data or Sensitive Personal Data and, in any event, within the statutory time limits set under any Applicable Law.
15.1 Zeno Moto Limited will take reasonably practicable steps to ensure that the Personal Data and Sensitive Personal Data in its custody is complete, accurate, not misleading and up to date (having regard to the purpose for which Personal Data is collected or further processed).
15.2 Accordingly, Zeno Moto Limited will take reasonable steps to ensure that all Personal Data and Sensitive Personal Data is kept as accurate, complete and up-to-date as reasonably possible.
15.3 Zeno Moto Limited may from time to time send automated prompts to Data Subjects requiring them to confirm that the Personal Data and/or Sensitive Personal Data in Zeno Moto Limited's possession is accurate and up to date.
15.4 The Data Subject must, however, notify Zeno Moto Limited from time to time in writing of any updates required in respect of his/her/its Personal Data and/or Sensitive Personal Data.
16.1 Data Subjects shall have the following rights:
16.1.1 the right to be informed of the use to which their Personal Data is to be put;
16.1.2 the right to access their Personal Data and Sensitive Personal Data which is in Zeno Moto Limited's custody;
16.1.3 the right to have any false or misleading Personal Data and Sensitive Personal Data about them corrected or deleted;
16.1.4 the right to object to the processing of all or part of their Personal Data and Sensitive Personal Data.
16.2 A Data Subject may exercise any of the above-mentioned rights by making a request in this regard to the DPO through the contact details provided in clause 19 below.
17.1 A Data Subject has the right to obtain from Zeno Moto Limited the record or description, in a reasonable form, of Personal Data or Sensitive Personal Data concerning him/her/it and any information regarding the recipients or categories of recipients of the Personal Data. A Data Subject may request:
17.1.1 Zeno Moto Limited to confirm, free of charge, whether it holds any Personal Data or Sensitive Personal Data about him/her/it; and
17.1.2 to obtain from Zeno Moto Limited the record or description of Personal Data or Sensitive Personal Data concerning him/her/it and any information regarding the recipients or categories of recipients who have or had access to the Personal Data or Sensitive Personal Data. Such record or description is to be provided:
17.1.2.1 within a reasonable time; and
17.1.2.2 in a reasonable manner and format and in a form that is generally understandable.
17.2 Such notifications should be submitted to Zeno Moto Limited in writing to the DPO by email at the following email address support@zeno.earth
17.3 Accordingly, Zeno Moto Limited may request the Data Subject to provide sufficient identification to permit access to, or provide information regarding the existence, use or disclosure of the Data Subject's Personal Data or Sensitive Personal Data.
17.4 Any such identifying information shall only be used for the purpose of facilitating access to or information regarding the Personal Data or Sensitive Personal Data.
17.5 The Data Subject can, request in writing, to review any Personal Data about the Data Subject that Zeno Moto Limited holds including any of their Personal Data or Sensitive Personal Data that Zeno Moto Limited has collected, utilised or disclosed.
17.6 Zeno Moto Limited will provide the Data Subject with any such Personal Data to the extent required by Applicable Law and any of Zeno Moto Limited's policies and procedures.
17.7 If a Data Subject successfully demonstrates that their Personal Data or Sensitive Personal Data in Zeno Moto Limited's records is inaccurate or incomplete, Zeno Moto Limited will ensure that such Personal Data or Sensitive Personal Data is amended or deleted as required (including by any Third Parties).
18.1 We use cookies, web beacons, tracking pixels and similar tracking technologies to track web traffic, customize your experience and analyze market trends. By accepting use of cookies, you consent to us processing the data generated from your browsing history, which information we may use for target advertising. Some cookies are strictly necessary for functionality and availability of the Platforms to you but you may choose your preferred settings for optional cookies. Also, change of device or updating your software may alter cookie settings and other plug-ins.
18.2 You can clear all the cookies stored on your computer, and most web browsers provide the option of blocking cookies.
18.3 Zeno Moto Limited will not use cookies for any purposes not stated in this Policy.
18.4 A Data Subject may refuse to accept cookies by activating the setting on the Data Subject's browser which allows the Data Subject to refuse the setting of cookies. However, if a Data Subject selects this setting the Data Subject may be unable to access certain parts of the Website. Unless the Data Subject has adjusted their browser setting so that it will refuse cookies, Zeno Moto Limited's system will issue cookies when the Data Subject logs on to the Website. If a Data Subject accepts a “cookie” or fail to deny the use of “cookies”, the Data Subject agrees that Zeno Moto Limited may use the Data Subject's Personal Data collected using “cookies” (subject to the provisions of this Policy). Where the Data Subject either rejects or declines cookies, the Data Subject is informed that they may not be able to fully experience the interactive features of the Website.
19.1 Data Subjects have the right to complain in instances where any of their rights under the DPA have been infringed. Zeno Moto Limited takes all complaints very seriously and will address all such complaints in accordance with the following procedure –
19.1.1 Complaints in terms of the DPA must be submitted to Zeno Moto Limited in writing to DPO by email at the following email address support@zeno.earth
19.1.2 Responses to the Data Subject may comprise any of the following –
19.1.2.1 a suggested remedy for the complaint;
19.1.2.2 a dismissal of the complaint and the reasons as to why it was dismissed; and/or
19.1.2.3 an apology (if applicable) and any action proposed to be taken.
19.1.3 Where the Data Subject is not satisfied with the suggested remedies, the Data Subject has the right to complain to the Data Commissioner. The website of the Data Commissioner may be accessed at the following link www.odpc.go.ke.
20.1 Zeno Moto Limited reserves the right to make changes to this Policy at any time and for any reason hence encourage you to periodically review this Policy to stay informed on updates although we will use reasonable efforts to notify you of such amendments.
20.2 You will be deemed to have been aware of and accepted the changes to this Privacy Policy if you continue to use or access our products and services after the date the modified Policy is implemented.
Last Updated: November 15 2024