Privacy Policy

Introduction and Scope

This Privacy Policy ("Policy") is issued by Donga Marketing Ltd, a company registered in Kenya under Company ID PVT-ZE18VBK6, with its registered place of business at Kenyatta Highway, Zuhura Place, 2nd Floor, Thika, Kenya, P.O. Box 01000 ("Donga Marketing," "the Company," "we," "us," or "our").

This Policy describes how we collect, use, disclose, retain and protect personal data obtained through our website located at dongamarketing.co.ke (the "Site"), through our marketing and advertising campaigns conducted on behalf of clients, and through our direct communications with visitors, prospective clients and clients (collectively, "you" or "User"). By accessing the Site, submitting information through any form on the Site, or otherwise engaging with our services, you acknowledge that you have read, understood and agree to the collection and use of information in accordance with this Policy.

If you do not agree with the terms of this Policy, you should not access or use the Site or submit personal data to us.

Definitions

• "Personal Data" means any information relating to an identified or identifiable natural person, as defined under the Kenya Data Protection Act, 2019 ("DPA").
• "Processing" means any operation performed on Personal Data, including collection, recording, storage, use, disclosure, and deletion.
• "Data Subject" means the natural person to whom Personal Data relates.
• "Third Party Platform" means any external service, including but not limited to Meta (Facebook and Instagram), Google, TikTok, LinkedIn, and WhatsApp, through which we may process data on your behalf or our own.

Information We Collect

We may collect the following categories of Personal Data:

• Information you provide directly: full name, telephone number, email address, business name, service interests, indicative budget, and any message content submitted through the Site's intake form, by email, by telephone, or through WhatsApp.
• Information collected automatically: IP address, browser type, device identifiers, referring URL, pages visited, and approximate geographic location, collected through standard web server logs and analytics tools.
• Information from third parties: where you interact with our advertisements or social media pages on Third Party Platforms, those platforms may share limited engagement data with us in accordance with their own privacy policies.

Cookies and Tracking Technologies

The Site may use cookies, pixels, and similar tracking technologies to operate correctly, remember preferences, measure traffic, and evaluate the performance of advertising campaigns, including campaigns run on Google and Meta platforms. You may disable cookies through your browser settings; however, doing so may affect the functionality of certain features of the Site, including the intake form.

How We Use Your Information

We use Personal Data collected through the Site for the following purposes:

• To respond to enquiries submitted through the Site and to prepare proposals or quotations for services;
• To deliver, administer, and improve services requested by clients;
• To send administrative communications relating to an ongoing engagement;
• With your consent, to send marketing communications about our services;
• To maintain internal records, including for accounting, audit, and legal compliance purposes;
• To detect, investigate, and prevent fraudulent, unauthorised, or unlawful activity in connection with the Site.

Legal Basis for Processing

Where applicable under the DPA, we process Personal Data on one or more of the following legal bases: (a) your consent; (b) the necessity of processing to take steps prior to entering into a contract with you, or to perform a contract to which you are a party; (c) compliance with a legal obligation to which we are subject; or (d) our legitimate interests in operating, marketing, and improving our business, provided such interests are not overridden by your fundamental rights and freedoms.

Disclosure to Third Parties

We do not sell, rent, or trade your Personal Data to third parties for their own independent marketing purposes. We may share Personal Data with the following categories of recipients, solely as necessary to operate our business and provide our services:

• Service providers: hosting providers, email delivery services, and software vendors that process data on our behalf under confidentiality obligations;
• Third Party Platforms: where necessary to run advertising campaigns, publish content, or communicate with you on your instruction, including via WhatsApp Business, Meta, Google, TikTok, and LinkedIn;
• Professional advisers: our lawyers, auditors, and accountants, where reasonably necessary;
• Regulatory or law enforcement authorities: where disclosure is required by law, court order, or a valid request from a competent authority, or where necessary to protect our rights, property, or safety, or that of others.

International Transfers

Certain service providers and Third Party Platforms we use may process or store data outside Kenya. Where Personal Data is transferred outside Kenya, we take reasonable steps to ensure that such transfers comply with the requirements of the DPA, including relying on the data protection safeguards implemented by such providers.

Data Retention

We retain Personal Data only for as long as reasonably necessary to fulfil the purposes for which it was collected, including to satisfy legal, accounting, or reporting obligations, or to resolve disputes. Where you have not engaged our services following an enquiry, we may retain your contact details for a reasonable period to allow for follow up communication, unless you request earlier deletion in accordance with Section 11 below.

Data Security and Disclaimer

We implement administrative, technical, and physical safeguards that we consider reasonably appropriate to protect Personal Data against unauthorised access, alteration, disclosure, or destruction.

Your Rights

Subject to applicable law, including the DPA, you may have the right to: (a) request confirmation of whether we hold Personal Data about you and to access such data; (b) request correction of inaccurate or incomplete data; (c) request deletion of your Personal Data, subject to any legal or contractual retention requirements; (d) object to or restrict certain processing; (e) withdraw consent at any time, without affecting the lawfulness of processing carried out prior to withdrawal; and (f) lodge a complaint with the Office of the Data Protection Commissioner of Kenya. To exercise any of these rights, contact us using the details in Section 17. We may require verification of your identity before actioning a request.

Children's Privacy

The Site and our services are directed at businesses and individuals who are at least eighteen (18) years of age. We do not knowingly collect Personal Data from children. If we become aware that we have inadvertently collected Personal Data from a child without appropriate consent, we will take reasonable steps to delete such data.

Third Party Links

The Site may contain links to third party websites and social media platforms, including WhatsApp, Facebook, Instagram, TikTok, and LinkedIn. We are not responsible for the privacy practices, content, or security of any third party website or platform, and this Policy does not apply to any such third party. We encourage you to review the privacy policy of any third party site or platform before providing Personal Data to it.

Limitation of Liability

To the maximum extent permitted by applicable law, Donga Marketing Ltd, its directors, officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunity, arising out of or in connection with the collection, use, disclosure, or processing of Personal Data under this Policy, or arising from any breach of security not directly and solely caused by our gross negligence or wilful misconduct. Our aggregate liability arising out of or in connection with this Policy, however arising, shall not exceed the amount, if any, paid by you to Donga Marketing Ltd for services in the twelve (12) months preceding the event giving rise to the claim.

Changes to This Policy

We may amend this Policy from time to time to reflect changes in our practices, technology, legal requirements, or other factors. The updated Policy will be posted on this page with a revised effective date. Your continued use of the Site following the posting of changes constitutes your acceptance of the revised Policy.

Governing Law

This Policy is governed by and construed in accordance with the laws of the Republic of Kenya, including the Data Protection Act, 2019, without regard to its conflict of law principles. Any dispute arising out of or relating to this Policy shall be subject to the exclusive jurisdiction of the courts of Kenya.

Contact and Complaints

If you have questions, concerns, or requests relating to this Policy or our handling of your Personal Data, please contact us at the details below. We will endeavour to respond within a reasonable time and in accordance with applicable law.