Privacy Policy

This Privacy Policy explains how Mbiki Power ("Mbiki Power", "we", "us" or "our") collects, uses, stores, protects and otherwise handles information in connection with the Mbiki Power website, platform, technology, communications and related services (collectively, the "Platform").

Mbiki Power is a marketing and business-growth platform that powers businesses that show up. The Platform helps businesses establish visibility, present their products and services and create opportunities to receive inquiries from potential customers.

This Privacy Policy applies to information relating to individuals and businesses that interact with Mbiki Power, including visitors, Business users, potential customers and persons who communicate with Businesses through the Platform.

1. Information We Collect

The information collected by Mbiki Power depends on how you interact with the Platform and the services you use.

1.1 Information You Provide

You may provide information directly to Mbiki Power when you register, create or manage a Business profile, submit a Load, make an Inquiry, communicate with another User, contact us or otherwise use the Platform.

Depending on the circumstances, this information may include:

• name;
• business or organisation name;
• contact person's name;
• email address;
• telephone number;
• business address or location;
• business category or sector;
• products and services offered;
• business descriptions and profile information;
• account and authentication information;
• customer requirements and business needs;
• Inquiries and responses;
• documents, photographs and other uploaded material;
• communications with Mbiki Power; and
• other information you voluntarily provide.

1.2 Information Collected Through Use of the Platform

When you access or use the Platform, certain technical and usage information may be collected automatically.

This may include information such as:

• IP address;
• browser type and version;
• device type;
• operating system;
• pages or Platform features accessed;
• approximate access times;
• referring pages or sources;
• interaction and usage information; and
• security and diagnostic information.

This information may be used for security, administration, analytics, performance monitoring, troubleshooting and improvement of the Platform.

1.3 Cookies and Similar Technologies

Mbiki Power may use cookies, session technologies and similar technologies to operate the Platform, remember preferences, maintain sessions, improve functionality, understand usage and support security.

Where applicable, your browser or device may provide controls allowing you to manage or restrict cookies. Restricting certain cookies may affect the operation of some Platform features.

2. Information About Businesses

A Business that shows up on Mbiki Power may provide business information for publication and marketing purposes.

Such information may include the Business name, description, products, services, category, contact details, location, photographs, documents, website information and other information that the Business chooses to make available.

The purpose of publishing such information is to help the Business become visible to potential customers and to create opportunities for customer Inquiries.

A Business is responsible for ensuring that information it provides to Mbiki Power is accurate, lawful and appropriate for publication.

3. Loads and Customer Inquiries

Mbiki Power may process information contained in Loads and customer Inquiries in order to facilitate connections between potential customers and Businesses.

A Load represents a business need. An Inquiry is a potential customer's expression of such a need or interest.

Depending on the nature of the Platform service, information contained in an Inquiry may be made available to one or more relevant Businesses for the purpose of enabling those Businesses to respond to the potential customer's need.

Information shared for this purpose may include information necessary for the Business to understand and respond to the Inquiry.

Users should therefore avoid submitting sensitive or unnecessary personal information in an Inquiry unless it is reasonably required for the relevant business purpose.

4. How We Use Information

Mbiki Power may use information for the following purposes:

• to create and administer User and Business accounts;
• to operate and provide the Platform;
• to publish and manage Business information;
• to facilitate customer Inquiries;
• to connect potential customers with relevant Businesses;
• to provide marketing and business-growth services;
• to communicate with Users and Businesses;
• to respond to requests and support enquiries;
• to authenticate accounts and maintain account security;
• to detect, investigate and prevent fraud, abuse and unauthorised activity;
• to maintain, troubleshoot and improve the Platform;
• to understand Platform usage and business demand;
• to develop and improve services;
• to comply with applicable legal and regulatory obligations; and
• for other purposes reasonably connected with operating Mbiki Power and providing its services.

5. Marketing and Business Visibility

A central purpose of Mbiki Power is marketing.

Businesses that show up on the Platform may have their business information presented to potential customers for the purpose of creating awareness, visibility and customer opportunities.

Mbiki Power may use Business information for legitimate marketing and promotional purposes connected with the Platform, including presenting Businesses in relevant categories, search results, pages, communications and other Platform features.

Marketing does not constitute a guarantee that a Business will receive customers, Inquiries, sales, contracts or revenue.

6. When We Share Information

Mbiki Power does not sell personal information merely because it is collected through the Platform.

Information may nevertheless be shared where reasonably necessary to operate the Platform and provide its services.

Depending on the circumstances, information may be shared:

• with a Business where necessary to facilitate a relevant customer Inquiry;
• with a potential customer where necessary to facilitate contact with a relevant Business;
• with service providers supporting hosting, technology, communications, security, analytics or other Platform functions;
• where required by law, regulation, court order or lawful governmental request;
• where necessary to investigate fraud, abuse, security incidents or other unlawful activity;
• where necessary to protect the rights, property or safety of Mbiki Power, Users or others; or
• with your consent or at your direction.

7. Direct Communications

Mbiki Power may facilitate communication between Businesses and potential customers through channels such as email, telephone, WhatsApp, WeChat or other communication methods made available through the Platform.

Where you choose to contact a Business directly, information necessary to facilitate that communication may be disclosed to the relevant party.

Once communication occurs directly between a Business and a potential customer, the parties may exchange additional information independently of Mbiki Power.

Users should exercise appropriate care when deciding what personal or confidential information to disclose directly to another person or Business.

8. Business Email and Communication Information

Where a Business has authorised Mbiki Power to process business communications for Platform purposes, Mbiki Power may process relevant business email or communication information in accordance with the applicable service arrangement.

Such processing may be used to identify relevant business needs, facilitate Inquiries, organise business opportunities, support Business participation or provide other authorised Platform functions.

Mbiki Power will seek to limit such processing to information reasonably necessary for the applicable Platform purpose.

9. Publicly Available Business Information

Some Business information may be intended for public visibility.

Information that a Business deliberately makes public through its profile or other Platform features may be visible to visitors and Users of the Platform and may potentially be indexed by search engines or accessed through links shared by others.

Businesses should therefore avoid publishing information on public Platform areas that they do not wish to be publicly accessible.

10. Data Retention

Mbiki Power may retain information for as long as reasonably necessary to provide the Platform, maintain business and communication records, comply with legal obligations, resolve disputes, enforce agreements, maintain security and protect legitimate business interests.

Retention periods may vary depending on the nature of the information and the purpose for which it was collected.

Information may be securely deleted, anonymised or otherwise disposed of when it is no longer reasonably required, subject to applicable legal or operational requirements.

11. Data Security

Mbiki Power takes reasonable technical and organisational measures intended to protect information against unauthorised access, loss, misuse, alteration or disclosure.

Security measures may include access controls, authentication mechanisms, monitoring, system protections and other safeguards appropriate to the nature of the information and the Platform.

No internet transmission or electronic storage system can be guaranteed to be completely secure. Accordingly, while we take reasonable precautions, we cannot guarantee absolute security.

12. Your Responsibilities

Users are responsible for ensuring that information they provide to Mbiki Power is accurate and lawful.

You should not submit unnecessary sensitive personal information through public areas of the Platform or through an Inquiry unless it is reasonably necessary for the relevant purpose.

If you submit information concerning another person, you are responsible for ensuring that you have the lawful basis, authority or permission required to provide that information.

13. Your Privacy Rights

Depending on your location and applicable law, you may have rights concerning personal information held by Mbiki Power.

Such rights may include, where legally applicable:

• requesting access to personal information;
• requesting correction of inaccurate information;
• requesting deletion of information in appropriate circumstances;
• requesting restriction of certain processing;
• objecting to certain processing where applicable;
• withdrawing consent where processing is based on consent;
• requesting information about how personal information is processed; and
• exercising other rights provided by applicable data protection law.

These rights are subject to applicable legal exceptions, limitations and verification requirements.

14. Kenya Data Protection Law

Mbiki Power operates in accordance with applicable data protection and privacy requirements in the jurisdictions in which it operates.

Where Kenyan law applies, personal information may be processed in accordance with the applicable requirements of Kenyan data protection law, including the Data Protection Act, 2019, together with applicable regulations and guidance.

Nothing in this Privacy Policy is intended to remove or restrict a right that cannot lawfully be removed or restricted.

15. Children's Privacy

The Platform is intended primarily for business and commercial use and is not directed at children.

We do not knowingly seek to collect personal information from children where such collection is prohibited by applicable law.

If you believe that a child has provided personal information to Mbiki Power in circumstances where it should not have been collected, please contact us so that the matter can be reviewed and appropriate action taken.

16. Third-Party Services

The Platform may rely upon third-party technology and services for functions such as hosting, communications, analytics, authentication, security and other technical operations.

Such providers may process information on behalf of Mbiki Power or independently where their own services are used directly by a User.

Third-party services may be governed by their own privacy policies and terms.

17. International Data Transfers

Depending on the technology and service providers used by the Platform, information may be processed or stored in countries other than the country in which you are located.

Where applicable law imposes requirements concerning international transfers of personal information, Mbiki Power will seek to comply with those requirements.

18. Changes to This Privacy Policy

Mbiki Power may update this Privacy Policy from time to time to reflect changes in the Platform, technology, business practices, legal requirements or privacy practices.

An updated version will be published on the Platform together with a revised effective date where appropriate.

You should review this Privacy Policy periodically to remain informed about how information is handled.

19. Contacting Mbiki Power

If you have a question, request or concern concerning this Privacy Policy or the handling of personal information, you may contact Mbiki Power through the contact channels made available on the Platform.

When making a privacy request, you may be asked to provide sufficient information to verify your identity and locate the relevant information or account.

20. Governing Law

This Privacy Policy shall be interpreted in accordance with applicable law, including Kenyan law where applicable, subject to any mandatory privacy rights or protections that apply to you in your jurisdiction.

21. Relationship With the Terms and Conditions

This Privacy Policy should be read together with the Mbiki Power Terms and Conditions governing use of the Platform.

Where the Terms and Conditions contain provisions concerning matters addressed by this Privacy Policy, both documents should be interpreted consistently to the extent reasonably possible and subject to applicable law.