Privacy policy

The following Privacy Policy describes how we, Zara Capital Limited and our Affiliates, collect, store, use, transfer, disclose, and protect your Personal Information. We take your privacy seriously. Please read the following carefully to understand our views and practices regarding your Personal Information and how we will treat it. This Privacy Policy, together with our Terms and conditions and any additional terms, applies to your use of:

  • Zara Cash mobile application software (App) available on our site OR hosted on the Google Play Store (App Site), once you have downloaded or streamed a copy of the App onto your mobile telephone or handheld device (Device).
  • Any of the services accessible through the App (Services) or those available on the App Site or other sites of ours or other third-party Sites (Service Sites).

This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us.

By downloading Zara Cash App, you confirm the following:

“I have read, understood and accept the terms of this Privacy Policy set out hereunder. I also consent to the collection, use, storage, processing and disclosure of my Personal Information in the manner set out in this Privacy Policy.

I hereby certify that all the information provided by me is true and correct to the best of my knowledge, and that any misrepresentations or falsity therein will be considered as an act to defraud Zara Cash and its partners. I authorize Zara Cash to verify and investigate the above statements/information as may be required, from the references provided and other reasonable sources. For this purpose, I hereby waive my rights on the confidentiality of client information and expressly consent to the processing of any personal information and records relating to me that might be obtained from third parties, including government agencies, my employer, credit bureaus, business associates and other entities you may deem proper and sufficient in the conduct of my business, sensitive or otherwise, for the purpose of determining my eligibility for a loan which I am applying for. I further agree that this application and all supporting documents and any other information obtained relative to this application shall be used by and communicated to Zara, and shall remain its property whether or not my credit score is determined, or the loan is granted. I expressly and unconditionally authorize Zara Cash to disclose to any bank or affiliate and other financial institution any information regarding me. In particular, I hereby acknowledge and authorize:

  • the regular submission and disclosure of my basic credit data as well as any updates or corrections thereof; and
  • the sharing of my basic credit data with other lenders, and duly accredited credit reporting agencies.”

1. DEFINITION

Unless otherwise defined, all capitalized terms used in this Privacy Policy shall have the same meanings ascribed to them in our Terms and conditions (as applicable).

2. INFORMATION WE COLLECT

We may collect, use and share Customer Information. Customer Information may be requested by us or on our behalf or that of Zara Cash, and may be collected from you directly, from a person acting on your behalf, from other sources (including from publicly available information), and it may be generated or combined with other information available to us or any member of Zara Cash.

We may collect the following information about you, which may include non-public Personal Information:

    • Information you give us about you (Submitted information):
      This may include information:
      • provided by filling in forms in the App or on the App Site (together Our Sites);
      • provided by corresponding with us (for example, by e-mail, chat or call);
      • provided by registering to use the App Site, downloading or registering the App, subscribing to any of our Services (such as applying for a loan), searching for an app or Service, sharing data via the App’s social media functions, entering a competition, promotion or survey, and reporting a problem with the App, our Services, our App Site or any of Our Service Sites.

This information may include your name, address, e-mail address and phone number, the Device’s phone number, SIM card details, age, username, password and other registration information, financial and credit information (including your mobile money account details, bank account details, and bank verification number, where applicable), personal description and photograph.

  • Information we collect about you and your device:
    Each time you visit one of our Sites or use one of our Apps we may automatically collect the following information:
    • technical information, including the type of mobile device you use, unique device identifiers (for example, your Device’s IMEI or serial number), information about the SIM card used by the Device, mobile network information, your Device’s operating system, the type of browser you use, or your Device’s location and time zone setting (Device Information);
    • information stored on your Device, including contact lists, call logs, SMS logs, Facebook friends, contact lists from other social media accounts, photos, videos or other digital content (Content Information);
    • data from your use of any other third-party application on the Device or the Service Sites; and
    • details of your use of any of our Apps or your visits to any of Our Service Sites; including, but not limited to, traffic data, location data, weblogs and other communication data (Log Information).
  • Location information:
    We may also use GPS technology OR other location services to determine your current location. You can withdraw your consent to our collection, processing or use of this information at any time by logging out and uninstalling the App from your Device.
  • Information we receive from other sources (Third Party Information):
    Due to the nature of the Services which we provide, we are required to work with a number of third parties (including credit reference agencies and mobile network providers) collection agencies, our agents, vendors, suppliers, contractors, partners and any others who provide services to us, perform functions on our behalf, or whom we collaborate with) and we may receive information about you from them.
  • Information about third party you provide us:
    You may provide us with personal information relating to other third party individuals (such as Personal Information relating to your spouse, family members, friends and emergency contact). You will of course need their consent to do so.
  • Unique application numbers:
    When you install or uninstall a Service containing a unique application number or when such a Service searches for automatic updates, that number and information about your installation, for example, the type of operating system, may be sent to us.

3. TRACKING AND COOKIES

We may collect, use and share Customer Information. Customer Information may be requested by us or on our behalf or that of Zara Cash, and may be collected from you directly, from a person acting on your behalf, from other sources (including from publicly available information), and it may be generated or combined with other information available to us or any member of Zara Cash.

We may collect the following information about you, which may include non-public Personal Information:

    • Information you give us about you (Submitted information):
      This may include information:
      • provided by filling in forms in the App or on the App Site (together Our Sites);
      • provided by corresponding with us (for example, by e-mail, chat or call);
      • provided by registering to use the App Site, downloading or registering the App, subscribing to any of our Services (such as applying for a loan), searching for an app or Service, sharing data via the App’s social media functions, entering a competition, promotion or survey, and reporting a problem with the App, our Services, our App Site or any of Our Service Sites.

This information may include your name, address, e-mail address and phone number, the Device’s phone number, SIM card details, age, username, password and other registration information, financial and credit information (including your mobile money account details, bank account details, and bank verification number, where applicable), personal description and photograph.

  • Information we collect about you and your device:
    Each time you visit one of our Sites or use one of our Apps we may automatically collect the following information:
    • technical information, including the type of mobile device you use, unique device identifiers (for example, your Device’s IMEI or serial number), information about the SIM card used by the Device, mobile network information, your Device’s operating system, the type of browser you use, or your Device’s location and time zone setting (Device Information);
    • information stored on your Device, including contact lists, call logs, SMS logs, Facebook friends, contact lists from other social media accounts, photos, videos or other digital content (Content Information);
    • data from your use of any other third-party application on the Device or the Service Sites; and
    • details of your use of any of our Apps or your visits to any of Our Service Sites; including, but not limited to, traffic data, location data, weblogs and other communication data (Log Information).
  • Location information:
    We may also use GPS technology OR other location services to determine your current location. You can withdraw your consent to our collection, processing or use of this information at any time by logging out and uninstalling the App from your Device.
  • Information we receive from other sources (Third Party Information):
    Due to the nature of the Services which we provide, we are required to work with a number of third parties (including credit reference agencies and mobile network providers) collection agencies, our agents, vendors, suppliers, contractors, partners and any others who provide services to us, perform functions on our behalf, or whom we collaborate with) and we may receive information about you from them.
  • Information about third party you provide us:
    You may provide us with personal information relating to other third party individuals (such as Personal Information relating to your spouse, family members, friends and emergency contact). You will of course need their consent to do so.
  • Unique application numbers:
    When you install or uninstall a Service containing a unique application number or when such a Service searches for automatic updates, that number and information about your installation, for example, the type of operating system, may be sent to us.

4. USE MADE OF THE INFORMATION

We may use Personal Information collected for any of the following purposes as well as for such other purposes as are permitted by Applicable Law:

  • We may use your Personal Information:
    • to identify you and to register you as a user and to administer, manage or verify your Account as such;
    • to facilitate or enable any checks as we may in our discretion consider necessary before we register you as a user;
    • to process your application to subscribe to the Services;
    • to provide you with the Services, including customer support;
    • to notify you about changes to our Services;
    • to manage our relationship with you, which includes sending you administrative and service communications, alerts, notifications, and requests;
    • to notify you if you have received SMS messages from other users;
    • to allow you to participate in interactive features of the Services, when you choose to do so;
    • to ensure that content from Our Sites is presented in the most effective manner for you and for your Device;
    • to process and respond to queries, and report any queries to Zara;
    • to undertake internal testing of Our Sites, systems and services to test and improve their security, provision and performance;
    • to facilitate the improvement and optimization of our services to ensure that our content is presented in the most effective manner for you and your device;
    • to understand our users (what they do on our services, what features they like, how they use them, etc.), improve the content and features of our services (such as by personalizing content to your interests), process and complete your transactions, make special offers, provide customer support, process and respond to queries, report any queries to Zara;
    • to develop and implement marketing, surveys, offers, promotional campaigns, contests, competitions, and similar events;
    • to process and deliver your loan applications, and payments;
    • to work with and respond to law enforcement and regulators;
    • to provide analysis or valuable information back to our customers and users.
  • We may use your Log Information:
    • to provide you with the Zara Cash services;
    • to provide, improve, test, and monitor the effectiveness of our service;
    • to monitor metrics such as total number of visitors, traffic, and demographic patterns;
    • to diagnose or fix technology problems;
    • to automatically update the App on your device;
    • to provide, develop and improve Zara Cash and other services we provide, including to make assessments and recommendations about products, safety, and security.
  • We may use your Device Information:
    • to provide you with our App and Services;
    • to improve our Services and to deliver a better and more personalized experience;
    • to ensure that content from our Sites is presented in the most effective manner for you and for your computer;
    • to allow you to participate in interactive features of our Service, when you choose to do so.
  • We may use your Financial Information:
    • to assess your eligibility for the credit facilities you apply for;
    • to verify your identity and details;
    • to comply with our legal obligations;
    • to manage risk and prevent fraud, abuse or other illegal activities;
    • to enable us to carry out statistical and other analysis;
    • to comply with any legal or regulatory requirements.
  • We may use your Location Information:
    • to provide you with the location-based services available in your area;
    • to deliver targeted marketing and advertising;
    • to allow us to improve our services;
    • to ensure that content from Our Sites is presented in the most effective manner for you and for your Device;
    • to determine your eligibility for the credit facilities you apply for;
    • to conduct analysis and research to develop and improve our Services.
  • We may use the information we receive from other sources:
    • to combine with information you give to us and information we collect about you for the purposes set out above.
  • We may use your unique application numbers:
    • to operate and provide our Services to you;
    • to monitor and improve our Services;
    • to develop new services.

5. DISCLOSURE OF YOUR INFORMATION

We may share the information we collect about you as follows:

  • We may disclose your Personal Information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in the Companies Act (Cap. 486 of the Laws of Kenya) (our Group).
  • We may disclose your Personal Information to third parties, including:
    • In the event that we sell or buy any business or assets, in which case we may disclose your Personal Information to the prospective seller or buyer of such business or assets.
    • If Zara or substantially all of its assets are acquired by a third party, in which case Personal Information held by it about its customers will be one of the transferred assets.
    • If we are under a duty to disclose or share your Personal Information in order to comply with any legal or regulatory obligation or request.
    • In order to:
      • enforce or apply our Terms and conditions and other agreements or to investigate potential breaches; or
      • protect the rights, property or safety of Zara, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
  • We may disclose your Personal Information to third-party service providers and vendors to facilitate or to provide certain services on our behalf. We may share Personal Information with such service providers and vendors to enable them to perform the services.
  • We may disclose aggregated information about our users and information that does not identify any individual, without restriction.

6. YOUR RIGHTS

You have the right to ask us not to process your Personal Information for marketing purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your Personal Information. You can also exercise the right at any time by contacting us at zaracapital.co.ke.

Our Sites may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any Personal Information to these websites.

7. ACCESS TO INFORMATION

The Data Protection Act (No. 24 of 2019) (the Act) gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee to meet our costs in providing you with details of the information we hold about you.

8. CHANGES TO OUR PRIVACY POLICY

Any changes we may make to our Privacy Policy in the future will be posted on this page and, where appropriate, notified to you by e-mail or when you next start the App or log onto one of our Service Sites. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the App or the Services.

9. CONTACT

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to support@zaracapital.co.ke.