Privacy statement

1. INTRODUCTION

1.1. This Privacy Statement sets out how KX Partners (“KX”, “We”, “Our”, “Us”) handles the Personal Data We Process regardless of the media on which that Personal Data is stored as it relates to past or present agents, customers, suppliers, employees, visitors to any KX premises, shareholders, suppliers, Users, and other third parties.

1.2. Data privacy is critically important to Us. When handling Personal Data, We apply the following fundamental principles:

1.2.1. We do not ask for Personal Data unless we need it for business purposes;

1.2.2. We do not share Personal Data with anyone except to comply with the law, develop our Products, provide Services, or protect our rights;

1.2.3. We do not store Personal Data on our servers unless required for the ongoing operation of one of our Services.

1.3. You should read this Privacy Statement carefully and in its entirety.

2. DEFINITIONS

2.1. Unless stated otherwise, words contained in this Privacy Statement shall have the following meaning:

Applications or Apps: digital internet applications providing KX Products and Services and running on a customer’s device, KX enterprise device, or any other device or network approved by KX;

Consent: agreement which must be express, unequivocal, freely given, specific, informed and be an unambiguous indication of the Data Subject’s wishes by which they, by a statement or by a clear positive action, signify agreement to the Processing of Personal Data relating to them;

Data Controller: refers to KX, being the entity that, alone or jointly with others, determines the purpose and means of processing Personal Data;

Data Processor: refers to a natural or legal person that processes Personal Data on behalf of the Data Controller;

Data Subject: refers to an identified or identifiable natural person who is the subject of Personal Data;

Device: any electronic device suitable for running KX Products, Services, or accessing the KX Website;

KOKO Group: KX, KOKO Networks Limited (Mauritius), KOKO Networks Limited (Kenya), KOKO Networks Uganda Limited, KOKO Networks Private Limited (India), KOKO Networks Rwanda Limited, KOKO Networks (UK) Limited, Saarus Innovations Private Limited (India), and any other related entities or subsidiaries that may be incorporated;

KX Product(s): any goods, software, applications, platforms, content, or other offerings provided, sold, licensed, or made available by Us, whether accessed online, offline, or through third-party integrations;

KX Service(s): any work, assistance, functionality, or support provided by Us, whether delivered digitally, physically, or through third-party platforms. This includes but is not limited to consulting, technical support, maintenance, access to software or platforms, and any other activities performed for or on behalf of users or customers.

Personal Data: any information identifying a Data Subject or information relating to a Data Subject that We can identify (directly or indirectly) from that information alone or in combination with other identifiers We possess or can reasonably access. Personal Data includes pseudonymised Personal Data but excludes anonymised Personal Data;

Personal Data Breach: any act or omission that compromises the security, confidentiality, integrity, or availability of Personal Data or the physical, technical, administrative, or organisational safeguards that We or Our third-party service providers put in place to protect it. The loss, or unauthorised access, disclosure, or acquisition, of Personal Data is a Personal Data Breach;

Processing or Process: any operation or sets of operations performed on Personal Data. It includes obtaining, recording, or holding the Personal Data, or organising, amending, retrieving, using, disclosing, erasing, or destroying it. Processing also includes transmitting or transferring Personal Data to third parties;

Third Party: natural or legal person, public authority, agency, or other body, other than the Data Subject, Data Controller, Data Processor or persons who, under the direct authority of the data controller or data processor, are authorized to process Personal Data;

User: any person who visits the KX websites or interacts with any of its Services without signing up;

We, Our and Us: KX Partners and rest of the KOKO Group, which includes the successors, affiliates, and assignees of KOKO;

Websites: www.kx.partners and any other that may be created by Us;

You or Your: includes but is not limited to agents, customers, suppliers, employees, visitors to any KX premises, shareholders, suppliers, Users and other third parties to whom this Privacy Statement applies.

2.2. Reference to the singular includes the plural (and vice versa).

3. COLLECTION OF INFORMATION

3.1. We may collect, use, and share Your Personal Data with Your knowledge and Consent in accordance with the terms in this Statement. Your Personal Data may be collected directly from You or from a person acting on Your behalf or from other sources when You do any of the following:

3.1.1. Ask Us for more information about a KX Product or Service or contact Us with a query or complaint;

3.1.2. Visit, access or use KX Applications, Websites, and any other KX media platforms;

3.1.3. We may also collect Your information from Our partners, third-party service providers including credit-reference bureaus, mobile network providers, customer care service providers, and business directories;

3.1.4. We also collect information when you visit any of Our premises;

3.1.5. We may collect Your information when you interact with Us as a shareholder, employee, customer, User, supplier, agent, merchant, or dealer as prescribed in this Privacy Statement;

3.1.6. When You respond to or participate in a survey, marketing, promotion, prize competition, or special offer;

3.2. We may get Your Personal Data from publicly available information. This information may be generated or combined with other information available to Us or any member of KX.

3.3. We do not collect minors’ (any person under 18 years of age) Personal Data save with their parent’s or legal guardian’s consent.

4. INFORMATION WE COLLECT

4.1. The information we collect may include but is not limited to names, age, gender, telephone/mobile numbers, physical addresses, email addresses, digital addresses including but not limited to Your LinkedIn address, X handle, company website address, work portfolio pages, and Your preferences for KX Products and Services.

5. WHY WE COLLECT THE ABOVE INFORMATION

5.1. We collect information for the following purposes, including but not limited to:

5.1.1. To create Your accounts;

5.1.2. To process Your transactions;

5.1.3. To verify Your identity;

5.1.4. To analyse consumer behaviour;

5.1.5. To allow Our partners to fulfil their obligations to Us;

5.1.6. To allow Us to fulfil Our obligations to Our partners;

5.1.7. To comply with applicable laws, regulations, and rules, such as those relating to “know-your-customer” and anti-money laundering requirements;

5.1.8. To detect and prevent fraud and other illegal uses of Our KX Services;

5.1.9. To send You marketing notices, service updates, and promotional offers;

5.1.10. To improve Your experience on our platforms;

5.1.11. To serve You with promotional offers, advertisements, and other transaction-related notifications that we feel may be of importance to You; and

5.1.12. To provide You with sponsored content from our advertising partners on an opt-in basis.

6. HOW WE USE AND SHARE INFORMATION

6.1. We shall use Your Personal Data in accordance with the following:

6.1.1. We may associate any category of Personal Data with any other category of information We have on You and will treat the combined information as Personal Data in accordance with this Privacy Statement for as long as it is combined.

6.1.2. Personal Data collected by Us shall only be used for the purposes defined in this Privacy Statement and in the Terms and Conditions of Use of KX Products and Services.

6.1.3. We do not disclose information about identifiable individuals to other parties, including advertising partners, unless it is necessary for the provision of Our KX Products or Services or You have Consented to such disclosure.

6.1.4. We may share limited Personal Data with select partners for research and development.

6.1.5. We may provide other parties with anonymized Personal Data about Our Users for the purposes of compiling statistics relating to Our User base or customer experience and may disclose such anonymized Personal Data to any third party for such purposes, provided that such Personal Data will always be anonymized.

6.1.6. Personal Data such as name, email address, and mobile number will only be shared with Our advertising partners if and only if You agree to voluntarily share that Personal Data as part of any campaign.

6.1.7. You agree that we may, as necessary and appropriate for the above purposes, transfer, request, and disclose any of Your Personal Data to the following recipients globally who may also process, transfer, and disclose such Personal Data for the above purposes:

6.1.7.1. Including but not limited to any member of KX and any subcontractors, agents, service providers, or associates of KX (including but not limited to Our employees, directors, and officers);

6.1.7.2. Any party in connection with any KX business transfer, disposal, merger, or acquisition, wherever located, including in jurisdictions that do not have data protection laws that provide the same level of protection as the jurisdiction in which the services are supplied;

6.1.7.3. Third-party service providers under contract with KX that help us with Our business operations, such as transaction processing, fraud prevention, and marketing. We share your personal information with these companies only as necessary to provide You with our services; and

6.1.7.4. Law enforcement, government officials, or other third parties, but only:

6.1.7.4.1. In connection with a formal request, subpoena, court order, or similar legal procedure; or

6.1.7.4.2. When we believe in good faith that disclosure is necessary to comply with the law, prevent physical harm or financial loss, report suspected illegal activity, investigate violations of our user Agreements; or

6.1.7.4.3. Any other legally permissible purpose.

7. WHERE WE STORE INFORMATION

7.1. We store personal data collected from Participants in both physical and electronic formats:

7.1.1. Physical Storage: Hard copies of Your Personal Data are stored at Our registered office and/or designated offsite storage facilities. These locations are access-controlled and protected by appropriate physical security measures to prevent unauthorized access, loss, or destruction.

7.1.2.Electronic Storage: Digital records of Your Personal Data are stored on secure cloud-based platforms operated by trusted third-party service providers such as Google LLC. We implement industry-standard encryption, access controls, and security protocols to safeguard electronic data against unauthorized access, loss, or misuse.

7.2. By using our KX Products and Services, you acknowledge and consent to the storage of your Personal Data as described in this Statement.

7.3. The Personal Data that We collect from You may be transferred to and stored at a destination outside our countries of operation. It may also be processed by KX staff operating outside the respective jurisdictions we operate in. Where We transfer your Personal Data outside the respective jurisdictions, We will make sure that Your information is properly protected in accordance with the applicable Data Protection laws.

7.4. Unfortunately, the transmission of information via the Internet is not completely secure. Although We will do Our best to protect Your Personal Data, We cannot guarantee the security of any data transmitted to Our Websites or servers.

7.5. Once We have received Your information, We will use strict procedures and security features to try to prevent unauthorised access.

8. RETENTION OF INFORMATION

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

8.2. To determine the appropriate retention period for Personal Data, We consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorised use or disclosure of Your Personal Data, the purposes for which We process Your Personal Data and whether we can achieve those purposes through other means, the need to comply with our internal policy and the applicable legal, regulatory, tax, accounting or other requirements.

8.3. Anonymised Personal Data that can no longer be associated with You may be held indefinitely.

9. THE USE OF COOKIES

9.1. We may store some information by using “cookies” on Your computer when You visit Our Websites. This enables Us to recognise You during subsequent visits. The type of information gathered is non-personal, such as the Internet Protocol (IP) address of Your computer, the date and time of Your visit, which pages You browsed, and whether the pages have been delivered successfully.

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

10. YOUR RIGHTS

10.1. Subject to legal and contractual exceptions, You have rights under data protection laws in relation to your Personal Data. These are listed below:

10.1.1. Right to be informed that We are collecting Personal Data about You;

10.1.2. Right to access Personal Data that We hold about You and request information about how We Process it;

10.1.3. Right to request that We correct Your Personal Data where it is inaccurate or incomplete;

10.1.4. Right to request that We erase Your Personal Data noting that We may continue to retain Your information if obligated by the law or entitled to do so;

10.1.5. Right to object and withdraw Your consent to Processing of Your Personal Data. We may continue to Process if We have a legitimate or legal reason to do so;

10.1.6. Right to request restricted Processing of Your Personal Data noting that We may be entitled or legally obligated to continue Processing Your data and refuse Your request;

10.1.7. Right to request transfer of Your Personal Data in an electronic format.

10.2. 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.

10.3. We try to respond to all legitimate requests within a reasonable time. Occasionally it could take Us longer if Your request is particularly complex or you have made several requests. In this case, We will notify You and keep You updated.

11. QUESTIONS AND CHANGES

11.1. We reserve the right to update this Privacy Statement at any time, and We will provide you with a new Privacy Statement when we make any substantial updates.

11.2. If You have any questions regarding this Privacy Statement or wish to exercise any of Your rights set out above, please contact Us at info@kx.partners.