This Data Collection and Processing Notice (“Privacy notice”) provides information on how Watu Credit Limited collects and processes your personal data when you use our services. The personal data is collected when you apply for a loan and throughout the term of our agreement with you, including from third party sources as set out in this Privacy notice.
The data controller is Watu Credit Limited and is responsible for your personal data. Our address is: 1st floor, Avenue Plaza, Nyali – Mombasa. If you have any questions about this notice please send an email to [email protected], or call our customer service line on tel. 0790 000 999 or 0709 739 000.
1. You understand and consent to collection of the personal data (including certain sensitive personal data), which includes: name, address, telephone number, date of birth, identification number (PIN), copy of an identification document and/or driving license, income, payment pattern, payment account details, etc. which is necessary for the performance of our agreement. The sensitive personal data that we collect includes: biometric data (photograph), sex, next of kin details (name and telephone), geolocation of loan collateral, and property details.
2. We will only use your personal data when the law allows us to. Most commonly, we will use, collect, process, store and transfer, in electronic, paper or other form, your personal data (including certain sensitive personal data) which is needed for:
(a) the execution of pre-contractual measures;
(b) the execution and performance of a contract between us;
(c) carrying out Watu Credit’s obligations and exercising our specific rights;
(d) compliance with Watu Credit legal obligations to which we may be subject;
(e) the establishment, exercise, or defence of a legal claim; or
(f) the protection of Watu Credit legitimate interests without prejudice to your rights and freedoms or legitimate interests (as the data subject).
You are aware that Watu Credit may record our telephone conversations with you for the same purposes listed above.
3. Generally, we do not rely on consent as a legal basis for processing your personal data although we will obtain your consent before sending third party direct marketing communications to you via email or text message (please see paragraph 8 below). You have the right to withdraw consent to marketing at any time by contacting us.
4. In particular your personal data may be disclosed:
(a) to any local or international law enforcement or regulatory organisations where Watu Credit is required to assist in the prevention, detection, investigation or prosecution of criminal activities or fraud;
(b) to Watu Credit service providers, dealers, agents, lenders, assignees;
(c) to third parties to whom we may choose to sell, transfer or merge parts of our business or our assets (including any holding or subsidiary companies). Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this notice;
(d) to our professional service providers (lawyers, auditors or other advisors), including but not limited to where disclosure relates to any legal or audit proceedings;
(e) in business practices including but not limited to quality control, training and improvement of our product offering.
5. We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
6. Watu Credit may be required to collect data from you relating to third parties such as guarantors, next of kin, referees as may be necessary for the performance of our Agreement. You hereby consent to this collection and further confirm that you have obtained the necessary authorisations from other persons whose personal data you are providing to Watu Credit, and fully indemnify Watu Credit against any claims related to the processing of personal data of these persons at your request.
7. Your personal data may be transferred to any third parties (within or outside Kenya) assisting with the execution of pre-contractual measures and performance of the agreement. You hereby explicitly consent to the data transfer, including a possible transfer outside Kenya, including the transfer of your sensitive personal data. A transfer outside Kenya will only be effected to third parties that have appropriate data protection safeguards in place with respect to the security and protection of your personal data, and/or to jurisdictions that have implemented adequate data protection measures and that we have confirmation that the appropriate safeguards are in place.
8. Watu Credit may use your contact details to inform you about other products or services offered by Watu Credit or its partners that might be useful for you. You have the right to withdraw consent to marketing at any time by contacting us.
9. You hereby consent to data collection from other sources, in particular the Credit Reference Bureau, state institutions and registries, referees and other persons. Such data is necessary for execution of pre-contractual measures and performance of the agreement.
10. You have the following rights: (a) to be informed of the use to which your personal data is collected; (b) to access the personal data that we hold about you; (c) to object to the processing of your personal data; (d) to correct of false or misleading data; and (e) to deletion of false or misleading data about you.
11. If you object to the processing of your personal data or fail to provide data required for the performance of our obligations, we will not be able to obtain the necessary information and verifications in order to conclude an agreement with you.
12. Watu Credit is committed to protection of your personal data. Data will be stored securely (both electronically and in paper format). We limit unnecessary access to your personal data, so that it may only be accessed by employees or persons that have a legitimate reason to access such personal data that is further to the reasons we have outlined in this Notice and our agreement. When possible, we will try to anonymise your data for processing.
13. Your personal data will only be retained by Watu Credit for as long as is required to meet and fulfil our agreement with you and our legal obligations by law. By law we have to keep information about our customers for 7 (seven) years after they cease being customers for tax and compliance purposes.
14. In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
15. We keep our privacy notice under regular review. This version was last updated on 8 April 2022. Historic versions can be obtained by contacting us.
16. It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
If, following the execution of pre-contractual measures, we enter into a Loan agreement, this Privacy notice shall be annexed to the Loan agreement and become a part thereof.
