Privacy Policy

1/12/2021

Privacy notice

Ewaka Mobility Ltd. (“Ewaka”) and its subsidiaries and affiliates (also referred to as “we,” “us,” or “our”) respects your privacy. This privacy notice describes the personal information we collect from you and how we use that information. It also sets out choices that you have in respect of our use of your personal information.

This privacy notice covers both our collection and use of information when you use https://ewaka.tech/ and its related mobile sites and applications (collectively, our “Sites”), as well as the kinds of information we collect and use when you join Ewaka and use our services. This privacy notice does not apply to other third-parternet or mobile sites or applications even if accessed via our Sites (please refer to the privacy notice for those specific third party sites). Please take the time to read this privacy notice as it is important for you to know how we collect and use your personal information. By submitting your personal information to us, you acknowledge and accept that Ewaka Mobility Ltd will use and disclose your personal information as set forth in this privacy notice. Where any use or disclosure requires specific consent, Ewaka Mobility Ltd will only use and disclose the personal information in line with the consents you have given to Ewaka Mobility Ltd. If you do not agree with the terms of this privacy notice, please do not submit any personal information to Ewaka Mobility Ltd.

This privacy notice is incorporated into, and forms part of, the Ewaka User Agreememt, which governs the use of https://ewaka.tech/

We may change portions of this privacy notice from time to time, so be sure to check it on a regular basis. If we make a change that significantly affects your rights or, to the extent we are permitted to do so, significantly changes how we use your personal information, we will notify you by way of a prominent posting on our websites, e-mail and/or postal mail prior to the change becoming effective.

If you have any questions or concerns regarding our privacy notice, please contact us at info@ewaka.tech or in one of the ways provided in the Contact Information section at the end of this privacy notice.

What is personal information?

In this privacy notice “personal information” means information that identifies you as an individual, or that we can combine with readily available information to identify you as an individual.

What personal information we collect and how we use it

The principal purposes for which we collect and store your personal information are to process your application, allow you to reserve and use our vehicles, authorise payment, bill you, respond to your enquiries, improve our products and services, and maintain your account with us. We will use your personal information including where:

this is necessary to enter or perform our contract with you – for example, using your contact details and payment details to supply products and services you want to purchase.

this is necessary to comply with legal or regulatory requirements – for example, disclosure of information to law enforcement if you are involved in an accident during your reservation, or suffer any loss, damage, or theft of the vehicle, or if you incur any speeding, parking, or other traffic-related fines or commit any traffic offences during your use of our vehicle.

this is necessary in the public interest – for example, undertaking measures for anti-fraud screening and verifying our User’s identities.

we have collected your consent – for example, to send you direct marketing messages. You can opt-out at any time by using the opt-out in a marketing message or withdraw your consent at any time (in your account preferences or settings) or by contacting us as set out at the end of this privacy notice.

this is necessary for the purposes of our legitimate business interests (provided that we have balanced these against your rights and interests).

Our legitimate interests include: (a) to ensure effective administration and management of your relationship with us, including any reservations with us; (b) to understand how our Users use our services and to manage our vehicle fleet; (c) to carry out research and analysis on what services or products our Users want or how they would like us to improve our services and products; (d) to understand how our Users use our Sites and identify any issues in how the Sites are used and how we can improve the Users’ usage experience; (e) to tell our Users about the various products and services we can offer; (f) understand and respond to User feedback; (g) to better tailor and personalise the promotions and benefits that we offer to our Users; (h) to prevent, detect, or investigate unauthorised use of our vehicles and systems and ensure we comply with law and our policies; and (i) manage any disputes and accidents and take legal or other professional advice.

We have set out below further details on the information we collect, store and why we use it.

When you use our Sites, our servers automatically log certain information about your use of our Sites, such as your IP address, your browser type, operating system, browser language and service provider. We also collect information about your activities on our Sites, such as the pages you visit or the ads or links you click on. We use this for a number of purposes, where we have a legitimate interest to do so, such as: improving our services, developing new services based on what we learn from your activity; identifying products and marketing that may be of interest to you; personalising our service to you; and carrying out statistical analysis and research with the purpose of allowing us to better understand our Users and the products / services they want. We also use this information to provide and adapt our services to take account of the technical capabilities of our users as well as identify issues with the website and user’s experience of it.

IP Addresses and other information collected automatically: We may collect your IP address when you visit our websites to help us diagnose problems with our systems, for system administration, to report aggregated information to our business partners, and to audit the use of our website. In select circumstances, we may use IP addresses to help us identify you to protect our service, site, users or others. We also collect your browser type, Internet Service Provider (ISP), referring/exit pages, the pages viewed on our site, operating system, date/time stamp, and/ or clickstream data to analyse trends in the aggregate and administer the site.

Session Replay: When you visit our website, we may also record information about your browsing session on the site, including which pages you visited and any forms on the website that you filled in. We review this information to identify any technical issues in the operation of our sites and to improve the user interface on our sites. If we use a third party to help us with this service, this information will be passed to that third party for this purpose.

Mobile Analytics: When you download and use our apps, we may use mobile analytics software to help us better understand the functionality of our app on your mobile device. Our analytics may record how often you use the app, how you use the app, aggregated usage, performance data and where you downloaded the app from.

Mobile GPS and Push Notifications: If you allow us, when you use our apps we may collect location markers using the GPS in your device. Knowing approximately where you are would help the app provide you better service, such as placing and finding the nearest Ewaka location near you. This would also help us send you push notifications or other communications based on your location (for example, nearby special offers). We will use push notifications to provide certain services such as emergency or other service notifications, return notifications, providing information about vehicle location, providing details regarding our products and services etc. We will only share this information with third party providers for the purpose of providing you these services. To ensure you receive proper notifications, we will need to collect certain information about your device such as operating system and user identification information. If you change your mind about sharing your location or receiving push notifications from the app, adjust the settings of your mobile device to turn off transmission of geolocation data or to stop transmission of push notifications at any time.

Ewaka Mobility Ltd collects information that you voluntarily submit to us, which could include your name, email address, postal address, telephone number, or a picture of you or identifying documents. This also includes information in your profile or information you provide to us via an email, or similar message, telephone call, or by other means. Your telephone calls and other correspondence with us may be recorded or monitored for quality control, training, and similar purposes. We use this information in connection with providing you with our services and managing your account as outlined elsewhere in this privacy notice.

If during a reservation you connect or pair your mobile device with the Ewaka vehicle (for instance via Bluetooth or USB port), please unpair your device and delete any personal data stored on the vehicle’s infotainment system. Ewaka Mobility Ltd does not use this information but, if you do not delete it, the information may still be visible to subsequent Users who use the Ewaka vehicle.

If you apply to join Ewaka, join Ewaka and use our services, we collect personal information as you proceed through the stages of our application process, Usership agreement and reservation process.

When you become an Ewaka User or make a reservation, we collect information to provide you with our services, (for example, fulfilling a vehicle reservation, providing any requested optional extras, taking payment, pre-authorisations and/or security deposits and providing discounts and offers or other benefits) and for our legitimate business interests (for example research and development of new products and services and enforcing our legal rights). The information we collect may include:

name;

email address (to contact you);

home address (for security or billing);

usernames, passwords and account preferences (to administer your account);

employer details and business address (if you are an employee of our business customers);

telephone numbers at which we can reach you;

date of birth (for license validation and legal requirements);

gender (for license validation);

payment information such as your credit or debit card details and or Mobile money account details (to process payment);

information from driver’s license and/or other government issued identification (if license validation and legal requirements are applicable);

other form of photo ID such as passport or national identity card if your driver’s licence does not include a photo or is not recognisable as you (if an ID or a driver’s licence is required);

photo of yourself (for license validation and legal requirements);

occupation (for license validation and legal requirements);

tax identification number (for license validation and legal requirements);

whether you have been in the country for a certain amount of time (for license validation and legal requirements if applicable);

special join or coupon codes (if you request to redeem a particular offer);

special requests and preferences, which may include:

your preferences regarding optional extras such as damage fee waivers;

preferred Ewaka parking locations; and

other information that may be required to provide you a vehicle and/or provide you with services.

As part of your application or Usership, we may also collect information such as your driving record from regulatory bodies or from third parties if applicable.

Where you inform us that you require an adapted vehicle or other driver aid we will use that information in order to provide you with the service you requested where you have given your explicit consent to us using that information or: (1) the use is necessary to protect your vital interests in an emergency or those of another person; (2) the relevant information has been made public by you; (3) the use is necessary or in connection with legal claims or court proceedings; or (4) the use is necessary for reasons of substantial public interest – for example, driving safety.

In connection with your Usership, we will collect where and when you searched for, reserved or picked up a vehicle, where and when you returned a vehicle, battery consumption, mileage, accident history and other information related to an Ewaka vehicle and your use of it. This information is required to provide you with the services you requested under the EWAKA User Agreement or for our legitimate business interests (for example to monitor the usage of our vehicle fleet).

Sometimes, we will combine the personal information we receive from you with other information we received from other sources so we can provide you a more customised experience. This information may include your name, contact information, reservation details and other information that is relevant to your reservation. These third parties include

Your employer or association if you are using a corporate / association account;

Our affiliates, in order to create an Ewaka User account or if you are making a reservation in one location served by our affiliates for reservations in another location served by us; and

Police and other law enforcement agencies if you are involved in an accident during your reservation, or suffer any loss, damage or theft of the vehicle, or if you incur any speeding, parking, toll or other traffic-related fines or commit any traffic offences during your reservation.

If you have an accident, or suffer any loss, theft, or damage to the vehicle during your reservation or suffer any mechanical failure, we will collect information regarding such incident including your report of the incident and any police or other third-party report including details of those involved, together with the nature of any personal injuries and/or damage to the vehicle and optional extras. We will use this information to provide services to you (for example, under the EWAKA User Agreement and/or the terms of any optional extra); for our legitimate business interests (for example, in recovering the costs of any loss or damage caused to the vehicle); for complying with any legal obligation on us (for example, making any required notification of the incident to appropriate authorities); and establishing, exercising or defending legal claims arising as a result of such incident.

We will also collect information about any speeding, parking, or other traffic-related fines that you incur or any traffic offences that you commit during your reservation where these are provided to us by any law enforcement agency. We will use this information to deal with such fine or offence in accordance with the terms of your EWAKA User Agreement with us.

When you call or text us (from any phone), or e-mail us, we may record or monitor the communication for quality control, training, or similar purposes.

In addition to the purposes listed above, we use this information to better understand our Users and may provide you with relevant offers.

Please be aware that, in certain circumstances, where you do not provide personal information, which is required by us, we will not be able to provide the products and services under our contract with you or may not be able to comply with a legal obligation on us. For example, when reserving a vehicle with us we will require information such as your name, address, payment information and driver’s license. If you fail to provide this information to us we will be unable to provide a vehicle to you. You will be made aware if this situation arises and what the consequences of not providing the personal information will be.

Automated Decisions may be made by us regarding you in respect of validation of driver licence details or other identity checks. If you disagree with the decision you are entitled to contest this by contacting us by using the details at the end of this privacy notice.

Where permitted by local law, Ewaka Mobility Ltd may use Global Positioning System (GPS), telematics data tracking technology and anti-theft technology that uses GPS. GPS is a network of satellites that would allow us to determine the location (latitude and longitude) of Ewaka cars during your reservation. Additionally, Ewaka cars may also have an on-board device that may monitor the state of the vehicle from moment to moment, including its location during your reservation. This information would be transmitted to Ewaka Mobility Ltd and stored. Where applicable, Ewaka Mobility Ltd uses this information for a variety of legitimate interests and also in connection with the performance of our contract with you. For example, we may monitor or store vehicle or GPS data to help you find a vehicle you have reserved, to assist with technical assistance and to locate lost or stolen Ewaka vehicles.

Fraud detection and prevention.

It is important that Ewaka Mobility Ltd takes appropriate measures to detect and protect its services against fraud, theft and abuse. We have therefore engaged a third-party service providers, Atom Mobility, based in the European union, to assist with these measures.

In connection with such activities, we need to collect and share with Atom Mobility the following personal data in reliance on our legitimate interests in detecting and preventing fraud, theft and abuse:

Contact detail information: such as your email address, postal address, telephone number, user log-in information;

Site transaction information: such as details of your Usership with us, including details you may provide such as occupation, ID verification details, date of birth and driving licence details, as well as details of reservations you make including time, date, location and payment details, aggregated reservation details and other identifying information about your Usership or reservation;

Device and browser information: such as details of the device identifiers and attributes together with device and phone related meta-data; and

Site and app usage information: such as your device IP address, your location when using the website or app if available and session ID.

We collect this personal data from your interaction with our services (through the use of our website or app) and through certain standard tracking technologies (e.g., JavaScript snippets).

If used, telematics data tracking technology allows us to monitor driver behaviour of Users to aid in reducing fraud or in an accident situation. In addition, at an anonymous and aggregated level, insight can be obtained about Ewaka Mobility Ltd usage. We have a legitimate interest in using the information in this way as well as there being a public interest in the responsible use of vehicles.

Ewaka Mobility Ltd may have access to video surveillance systems as well as cameras, where indicated by signage at the relevant Ewaka location, that record activity related to our vehicles.

Children’s privacy

We do not knowingly solicit or collect individually identifying information from children under the age of 16. If you are under 16 years old, you may not submit any personal information to us or subscribe for services. If you believe we might have any personal information from or about a person under the age of 16, please contact us.

Where we hold personal information

Reservations

As we offer the ability to reserve vehicles and benefit from our services in various locations, we may transfer your personal information to our affiliates in these locations for the purposes of fulfilling your reservation and/or entering into a User agreement. The exact location of where your personal data will be transferred depends on the location of your reservation.

These transfers are made either as they are necessary for the performance of a contract to which you will be a party, or for pre-contractual measures. Alternatively, adequacy of data protection is ensured by standard data protection clauses that we have in place with the relevant recipient. A copy of these standard data protection clauses may be requested via our Data Protection Officer at the address set out in the Contact Information section.

Business operations

In addition, the information we collect from you may be transferred to, and stored by, IT vendors who operate on our behalf. We also transfer information to a number of providers of business applications. These providers are primarily located in the European Union.

This is covered by decision issued by the EU Commission regarding protection afforded to personal information. A copy may be requested via our Data Protection Officer at the address set out in the Contact Information section.

Transfers from Kenya for these purposes are primarily made to the European Union and to Switzerland, although transfers may be made to other countries as well including the United States. The United States and many of the other countries located outside the European Union do not benefit from an adequacy decision issued by the EU Commission regarding protection afforded to personal information in that country. Adequacy of data protection is instead ensured by standard data protection clauses we have in place with the recipient. A copy may be requested via our Data Protection Officer at the address set out in the Contact Information section.

Transfers of personal data will be made to Atom Mobility in connection with processing for the purposes of detecting and preventing fraud, theft, and abuse.

How long do we keep your information?

We will keep your information for as long as it is reasonably necessary. It will depend on factors such as whether you’ve any reservations upcoming or in the past or an account with us or have interacted with recent offers. We will also retain your information as necessary to comply with legal, accounting or reporting requirements.

The criteria we may use to determine the retention period for certain categories of data is as follows:

the length of time that you are a User of Ewaka;

how frequently you reserve with us or when your most recent reservation occurred;

whether there are contractual or legal obligations that exist that require us to retain the data for a certain period of time;

whether there is any ongoing legal or financial claim that relates to any reservation you have made with us, or that is otherwise related to your relationship with us;

whether any applicable law, statute, or regulation allows for a specific retention period;

whether the personal information is considered to be a special category of personal information, in which case a shorter retention period generally would be applied; and

what the expectation for retention was at the time the data was provided to us.

To what third parties might we transfer personal information?

Except as described in this privacy notice, Ewaka Mobility Ltd will not share your personal information with third parties outside the Ewaka Mobility Ltd group unless it is necessary to provide the Ewaka service, fulfil a transaction you have requested, or in other circumstances with your consent. We do disclose your personal information within the Ewaka Mobility Ltd group so we can provide the best service across our group. They are bound to keep and use your information in accordance with this privacy notice.

Ewaka may use and share your personal information and vehicle data to affiliated and non-affiliated organisations as follows:

We may also transfer or assign your personal information to third parties as a result of, or in connection with a sale, merger, consolidation, change in control, transfer of assets, bankruptcy, reorganisation, or liquidation. Or if we are involved in defending a legal claim, information about you that is relevant to such claim may be disclosed to third parties as a result of, or in connection with, associated legal proceedings.

We may, in accordance with the Direct Marketing section, share your information with business and promotional partners (where you have provided your consent to such information sharing) in order to send you information about products and services you may like. If you decide you no longer want to receive such promotional and marketing messages, please see the Direct Marketing section to find out how you can opt-out.

Your personal data may be shared if it is made anonymous and aggregated, as in such circumstances the information will cease to be personal data

Direct marketing

Ewaka Mobility Ltd may use personal information you give us for direct marketing purposes to provide updates; newsletters; events; offers or other communications that we think may interest you. We will only do this with your consent or where we otherwise have a legitimate interest to do so and are permitted to by applicable law.

We may share personal information with third parties to help us with our marketing and promotional projects or sending marketing communications.

If you want to opt out of receiving promotional and marketing emails, text messages, post and other forms of communications from Ewaka Mobility Ltd or our promotional partners in relation to which you might receive in accordance with this section, you can best opt out by using one of the following ways

Log into your account and update your profile.

Click “unsubscribe” at the bottom of an email we sent you.

Go to our Contact Information section to email the representative suited for you.

If you do opt out of receiving promotional and marketing messages, we can still contact you regarding our business relationship with you, such as account status and activity updates, survey requests in respect of products and services we have provided to you after you reserve from us, reservation confirmations or respond to your inquiries or complaints, and similar communications.

If you want to close your account, stop doing business with Ewaka Mobility Ltd, or otherwise opt out of Ewaka Mobility Ltd collecting, using or disclosing your personal information, please contact User services in accordance with the Contact Information section

Please also see your rights set out in Understanding Your Rights section.

Cookies, advertising and personalised content

The following provides a summary of some of the information collected using cookies and similar technologies. For more information about cookies, the types of cookies we use and how we use them please see our Cookies Notice.

We use third party tools to make the advertising we show you on our Site more relevant and interesting to you. For this purpose, we use cookies, web beacons or similar technologies to collect information about your browsing behaviour and deliver interest-based ads to you

We use cookies that identify your browser or device. They collect and store information when you visit our Site about how you use it.

Ewaka Mobility Ltd may also use third party ad network providers and other service providers to help present customised content and offers across various platforms, including the Internet or our Sites. These providers use cookies, web beacons, or similar technologies on your computer to help present, better target, and measure the effectiveness of their content and advertisements, using data gathered over time and across their networks of web pages to determine or predict the characteristics and preferences of their audience. We may share certain non-personal information about you (such as age and post code) with certain ad network and service providers to help them deliver more relevant content and advertisements through their networks. The use of cookies, web beacons, or similar technologies by content and ad network providers is subject to their own privacy policies, not ours.

We may use analytic software, such as Adobe Analytics, Google Analytics and others, to help us to better understand the functionality of our software on our websites and apps on your device. These software tools record technical information including about your device together with usage information such as how often you use our website or app, which features you use or don’t use in the website, app or which pages you visit on the website, aggregated usage, performance data, where the app was downloaded from and information about your visit to the site, including details of some of the URL clickstream to, through and from our website. In addition, we use cookies and similar technologies to collect information for fraud detection and prevention services. This includes information about the device and browser you use to access our services and your usage of our website and/or app. This information is shared with our fraud prevention partner as explained in this Privacy Notice.

Our Sites includes links to other websites or mobile applications whose privacy practices may differ from those of Ewaka Mobility Ltd. If you submit personal information to any of those sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy notice of any website you visit or mobile application that you use.

Understanding your rights

You have certain rights in relation to your personal information. The availability of these rights and the ways in which you can use them are set out below in more detail.

Some of these rights will only apply in certain circumstances. If you would like to exercise, or discuss, any of these rights, please contact us at info@ewaka.tech or in one of the ways provided in the Contact Information section at the end of this privacy notice.

Access: you are entitled to ask us if we are processing your information and, if we are, you can request access to your personal information. This enables you to receive a copy of the personal information we hold about you and certain other information about it to check that we are lawfully processing it.

Correction: you are entitled to request that any incomplete or inaccurate personal information we hold about you is corrected. Erasure: you are entitled to ask us to delete or remove personal information in certain circumstances. There are also certain exceptions where we may refuse a request for erasure, for example, where the personal data is required for compliance with law or in connection with claims.

Restriction: you are entitled to ask us to suspend the processing of certain of your personal information about you, for example if you want us to establish its accuracy or the reason for processing it.

Transfer: you may request the transfer of certain of your personal information to another party. Right to define post-mortem guidelines: If specifically provided for under your local law, you will have a right to define guidelines regarding the storage, erasure and disclosure of your personal data after your death.

Objection: where we are processing your personal information based on a legitimate interest (or those of a third party) you may challenge this. However, we may be entitled to continue processing your information based on the legitimate interest or where this is relevant to legal claims. You also have the right to object where we are processing your personal information for direct marketing purposes.

Automated decisions: you may contest any automated decision made about you where this has a legal or similar significant effect and ask for it to be reconsidered.

If you want to exercise any of these rights, please contact us at info@ewaka.tech or in one of the ways provided in the Contact Information section at the end of this privacy notice.

You also have a right to lodge a complaint with a supervisory authority, in particular in the User State in the European Union where you are habitually resident, where we are based, or where an alleged infringement of Data Protection law has taken place. In the Republic of Kenya you can make a complaint to the Data Protection Commissioner (Email: info@odpc.go.ke) In the UK you can make a complaint to the Information Commissioner’s Office (Tel: 0303 123 1113 or at www.ico.org.uk). In France, you can make a complaint to the Commission Nationale de l’Informatique et des Libertés (Tel: +33 1 53 73 22 22 or at www.cnil.fr). In Spain you can make a complaint to the Spanish Data Protection Office (Tel:+ 0034 901100099 or at www.agpd.es ). In Belgium you can make a complaint to the Commission for the Protection of Privacy (Tel:+32 (0)2 274 48 00 ) or at www.privacycommission.be ).

Ewaka Mobility Ltd is committed to providing you with reasonable and practical access to your information to allow you the opportunity to identify inaccuracies. If you are a User of Ewaka, you can review and correct personal information by clicking on the “profile” button and navigating through the “my account,” “my reservations” and “my statement” pages. If you would like to access, delete and/or correct other personal information held by Ewaka Mobility Ltd, you can also contact us in one of the ways provided below and we will respond to your request within 30 days (or sooner if required by applicable law).

Please contact us if you wish to cancel your account or request that we no longer use your information to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We may also retain and use your information in order to make promotional offers to you (where we have the right to do so), unless you have opted out of receiving such communications.

What security measures are used to protect my personal information?

The security of your personal information is important to us. We take reasonable steps to make sure your information is protected from unauthorised use, access, disclosure, alteration, destruction or loss. For financial or payment information, we use firewalls and Transport Layer Security (TLS) encryption. We take security extremely seriously but as no system is 100% secure, we can’t completely guarantee the protection of your personal information, any more than any other organisation can.

We do not ask for financial or payment information, such as your credit card number, passcode, account number or pin number, in an e-mail, text or any other communication that we send to you. Please always check that any website on which you are asked for financial or payment information in relation to our reservations or services is operated by Ewaka Mobility Ltd groups. If you do receive a suspicious request, do not provide your information and report it by contacting one of our User service representatives.

You are responsible for keeping your account passcode, Usership numbers and pin numbers safe and secure. Do not share those with anyone. If there is an unauthorised use or any other breach of security involving your information, you must notify us at the User services contact information below as soon as possible.

How might this privacy notice be changed?

We may change this privacy notice from time to time, so it is advisable to review it frequently. Changes to this privacy notice will be announced on our website or through similar means for a reasonable length of time prior to and following the change taking effect.

Contact information

If you are making a reservation or visiting a local country version of our Sites in the following countries, the data controller is listed in the table below.

You can also contact our Data Protection Officer in respect of any issues or questions you have regarding our processing of your personal information. They act as the Data Protection Officer in respect of all of the data controllers listed below and can be contacted at:

Email: info@ewaka.tech Postal Address:

Data Protection Officer

Ewaka Mobility Limited Block D, 1st Floor, KMA Centre,

Chyulu Road, Upper Hill, Nairobi

Postal: P.O. Box 20201 – 00100, Nairobi, Kenya.

Telephone: +254 115 041 704

It is important you take the time to read and understand the terms of this privacy notice. We may contact you by email, telephone, sms or other such means in connection with this privacy notice.

This privacy notice was last revised effective December 1, 2021