Last updated: 30/10/2020
1.2. SportPesa understands that your privacy is important to you and that you care about how your information is used and shared online. We respect and value the privacy of everyone who visits Our Site and will only collect and use information in ways that are useful to you and in a manner consistent with your rights and our obligations under the law.
1.3. This Policy applies to our use of any and all data collected by us in relation to your use of Our Website. This Policy aims to give you information on how SportPesa collects and processes your personal data through your use of this Website, including any data you may provide through this Website when you sign up to our Terms and Conditions Or use our services or products OR take part in a competition OR Games available on the Website.
1.4. This Website is not intended for children under 18 years of age. No one under age 18 may provide any information to or on this Website and we do not knowingly collect personal information from children under 18 years. If you are under 18, do not (i) use or provide any information on this Website or on or through any of its features, (ii) register on this Website or (iii) provide any information about yourself to us, including your name, address, telephone number, e-mail address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 18 years without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at firstname.lastname@example.org.
1.5. This Policy supplements our Terms and Conditions https://www.ke.sportpesa.com/terms_and_conditions and is not intended to override them.
1.6. Please read this Policy carefully and ensure that you understand it. If you do not agree with our policies, your choice is not to use this Website. By accessing this Website or signing up for an Account, you are deemed to agree to this Policy. You will be required to read and accept this Policy when signing up for an Account. If you do not accept and agree with this Policy, you must stop using this Website immediately.
2.1. In this Policy the following terms shall have the following meanings:
“Account” means an account required to access and/or use certain areas and features of Our Site;
“Cookie” means a small text file placed on your computer or device by Our Site when you visit certain parts of Our Site and/or when you use certain features of Our Site. Details of the Cookies used by Our Site are set out in section 6, below;
“Our Site” or "Website" means this Website/s, ke.sportpesa.com; www.sportpesa.co.ke or any derivative or replacement thereof any other website made available by the Company or the Data Processor in connection with or for purposes of accessing the services, products or games offered by the Company or the Data Processor from time to time;
“Kenyan Law” means The Constitution of Kenya, the Access to Information Act, 2016, Act No. 31 of 2016 of the Laws of Kenya, the Kenya Information and Communications Act, 1998, Act No. 2 of 1998 of the Laws of Kenya, the Data Protection Act, 2019 of Kenya, Act No. 24 of 2019 of the Laws of Kenya and any other relevant law in Kenya relating to privacy and data protection;
“Personal data” means any information relating to an identified or identifiable natural person. It can include obvious identifiers like your name but also identification numbers, location, online identifiers and/or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person;
GDPR means the General Data Protection Regulation 2016/679 of the European Union;
EEA means the European Economic Area;
PEP means a Politically Exposed Person (PEP) means a person who has been entrusted with a prominent public function in a country or jurisdiction including:
(a) Members of cabinet;
(b) Senior executives of state-owned corporations;
(c) Important political party officials;
(d) Senior military officials and other members of the disciplined forces;
(e) Members of the Judiciary;
(f) Senior state officers;
(g) Senior public officers;
(h) Senior official of an international organization; and
(i) Any immediate family member or close business associate of a person referred to under this sub regulation above.
Terms and Conditions means our General Terms and Conditions accepted by you for purposes of opening an Account.
2.2. Reference to a statute or statutory provision is a reference to it as amended, extended, supplemented or re-enacted from time to time. A reference to a statute or statutory provision shall include any subordinate legislation made from time to time under that statute or statutory provision.
2.3. Our Site/s, ke.sportpesa.com; www.sportpesa.co.ke, is managed and operated by Pevans East Africa Limited, The Chancery, 3rd Floor, Valley Road, Nairobi as a Data Processor.
2.4. The Website may only be accessed by persons residing in the Republic of Kenya.
3. SCOPE – WHAT DOES THIS POLICY COVER?+
3.2. In this Policy:
3.2.1. Milestone Games Limited is your data controller.
3.2.2. the data processors includes Pevans East Africa Limited, Standard Global East Africa Limited, SPS Sportsoft Limited, SportPesa Global Holdings and any other persons who, under the direct authority of the data controller or of Pevans East Africa Limited is appointed to provide certain data processing services to the Company, in connection with, or for purposes of, rendering the services to you from time to time. By accepting this Policy, you hereby freely and unequivocally consent and agree to the sharing of your personal data to any additional data processor as envisaged in this section 3.2.2 and for the processing of your personal data by any such appointed data processor for the purpose of, or in connection with, the rendering of the services or the Company’s products to you from time to time pursuant to the Terms and Conditions.
3.3. Arising from the foregoing, reference to "you", "your", the "player", "customers", or "subscriber" is reference to any person using the Company gaming/betting platform or the services and/ or any registered customer of the Company thereof. Reference to "the Company", "us", "our" "we" is reference to the Company and or its successors in title and assigns and, where the context so requires, its agents, service providers, data processors including in particular the data processor referred to, or contemplated under, under section 3.2.2.
3.4. We have appointed a Data Protection Officer (DPO) who is responsible for overseeing questions in relation to this Policy. If you have any questions about this Policy, including any requests to exercise your legal rights, please contact the DPO by emailing email@example.com.
4. WHAT DATA DO WE COLLECT?+
4.1. We collect the following information:
4.1.2. other data will only be collected if you voluntarily submit it and consent to us using it for the purposes set out in section 5, for example, when signing up for an Account;
4.1.3. Data may also be collected from third party sources to assist us with background and other checks as part of meeting our regulatory obligations.
4.2. Depending upon your use of Our Site, we may collect, use, store and transfer some or all of the following data:
4.2.1. name (including first name, maiden name, last name, username or similar identifier);
4.2.2. date of birth;
4.2.4. Identification (ID) Card/ passport number;
4.2.5. occupation/ source of living/ source of wealth;
4.2.6. contact information such as physical addresses, postal addresses, email addresses and telephone numbers;
4.2.7. demographic information such as post code, preferences and interests, feedback and survey responses;
4.2.8. financial information such as credit / debit card numbers and bank account information;
4.2.9. IP address (automatically collected);
4.2.10. web browser type and version, your login data, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access Our Site (automatically collected);
4.2.11. operating system (automatically collected);
4.2.12. a list of URLs starting with a referring site, your activity on Our Site, and the site you exit to (automatically collected);.
4.2.13. transaction data including details about payments to and from you and other details of products and services you have acquired from us;
4.2.14. usage data including information about how you use Our Site, products and services; and
4.2.15. marketing and communications data including your preferences in receiving marketing from us and our third parties and your communication preferences.
4.3. We also collect, use and share aggregated data such as statistical or demographic data for any purpose. Aggregated data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your usage data to calculate the percentage of users accessing a specific Website feature. However, if we combine or connect aggregated data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Policy.
4.4. Except as permitted or required by law, we do not collect any sensitive personal data about you. This includes details about your race, health status, ethnic social origin, conscience, belief, genetic data, biometric data, property details, marital status, family details including names of your children, parents, spouse or spouses, sex or sexual orientation.
4.5. Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
5. HOW DO WE USE YOUR DATA?+
5.1. All personal data is stored securely in accordance with Kenyan Law and the GDPR where applicable. For more details on security see section 8, below.
5.2. We use and process your data to provide the best possible online experience and gambling services to you. This includes:
5.2.1. To register you as a new customer;
5.2.2. Providing and managing your Account;
5.2.3. Providing and managing your access to Our Site;
5.2.4. Personalising and tailoring your experience on Our Site;
5.2.5. Supplying our products and services to you;
5.2.6. To process and deliver your instructions or requests including:
22.214.171.124. managing payments, fees and charges;
126.96.36.199. collecting and recovering money owed to us;
5.2.7. To manage our relationship with you which will include:
188.8.131.52. notifying you about changes to our Terms and Conditions or this Policy;
184.108.40.206. asking you to leave a review or take a survey;
5.2.8. Personalising and tailoring our products and services for you;
5.2.9. Responding to communications from you;
5.2.10. Supplying you with emails e.g. newsletters, alerts etc. that you have subscribed to by ticking the appropriate box in the registration process. You may unsubscribe or opt-out at any time by contacting firstname.lastname@example.org or texting “stop” or “unsubscribe” to the short code 29050 or any shortcode that might be used for this communication as per applicable Kenyan Law at the time;
5.2.11. Market research;
5.2.12. Analysing your use of Our Site and gathering feedback to enable us to continually improve Our Site, our services and products and your user experience;
5.2.13. Ensuring the legality of supplying our services from the location you are accessing from;
5.2.14. Reduction of fraud, cheating, money laundering risk and other illegal activities;
5.2.15. Monitoring and detection of problem gambling risk;
5.2.16. Liaising with third parties to help verify your identity, credit worthiness, source of funds and wealth against independent information sources they may hold;
5.2.17. Comply with obligations as set out in our Terms and Conditions (contractual obligations);
5.2.18. Comply with licensing and regulatory requirements;
5.2.19. To enable you to participate in a prize draw, competition or complete a survey;
5.2.20. To administer and protect our business and this Website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data);
5.2.21. To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you;
5.2.22. To use data analytics to improve Our Website, products/services, marketing, customer relationships and experiences; and
5.2.23. To make suggestions and recommendations to you about our goods or services that may be of interest to you.
5.3. In some cases, the collection of data may be a statutory or contractual requirement.
5.4. We will ensure that your personal data is processed lawfully, fairly, and transparently, without adversely affecting your rights. We will only process your personal data if at least one of the following applies:
5.4.1. to render services and products to you in accordance with, and based on, our Terms and Conditions or otherwise as provided or envisaged in this Policy;
5.4.2. you have given consent to the processing of your personal data for one or more specific purposes;
5.4.3. processing is necessary for the performance of a contract to which you are a party or in order to take steps at your request prior to entering into a contract;
5.4.4. processing is necessary for compliance with a legal obligation to which we are subject;
5.4.5. processing is necessary to protect your interests or the interests of another natural person;
5.4.6. processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; and/or
5.4.7. processing is necessary for the purposes of the legitimate interests pursued by us or by a third party, except where such interests are overridden by the fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
5.5. Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data.
5.6. We may use your personal data for marketing purposes based on the following personal data control mechanisms:
5.6.1. Promotional offers from us
220.127.116.11. we may use your identity, contact, technical, usage, profile data or any other personal data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you.
18.104.22.168. You will receive marketing communications from us if you have requested information from us or purchased goods or services from us and you have not opted out of receiving marketing information. Such material may be sent to you by email AND/OR telephone AND/OR text message AND/OR post with information, news and offers on our products AND/OR services.
5.6.2. Third-Party Marketing
22.214.171.124. We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.
126.96.36.199. We will only send third party direct marketing communications to you via email or text message with your consent if you opt in to receiving third party marketing communication. You have the right to withdraw consent to marketing at any time by contacting us.
5.6.3. Opting Out
You can ask us or third parties to stop sending you marketing messages at any time by logging into the Website and checking or unchecking relevant boxes to adjust your marketing preferences OR by following the opt-out links on any marketing message sent to you OR by contacting us at any time.
5.7. We will not, however, send you any unsolicited marketing or spam and will take all reasonable steps to ensure that we fully protect your rights and comply with our obligations under Kenyan Law and, where applicable the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003, as amended in 2004, 2011 and 2015.
7. CHANGE OF PURPOSE+
7.1. We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us on email@example.com.
7.2. If we need to use your personal data for an unrelated purpose, we will notify you and seek your consent to do so. You agree and consent to us reaching out to you for this purpose to be a proper and authorized use of your personal data.
8. HOW AND WHERE DO WE STORE YOUR DATA?+
8.1. We only keep your data for as long as we need to in order to use it as described above in section 5, and/or for as long as we have your permission to keep it. In any event, we will conduct an annual review to ascertain whether we need to keep your data. Your data will be deleted if we no longer need it in accordance with the terms of our Information Security Policy and Data Protection Policy.
8.2. Some or all of your data will be stored in Kenya. You are deemed to accept and agree to this by using Our Site and submitting information to us. If we do store or transfer data outside Kenya, we will take all reasonable steps to ensure that your data is treated as safely and securely as it would be in Kenya or within the EEA and under the GDPR and Kenyan Law. Such steps may include, but not be limited to, the use of legally binding contractual terms between us and any third parties we engage in the use of the EU-approved Model Contractual Arrangements. We have put in place the following safeguards to protect your data:
8.2.1. 3rd Party Assurance that 3rd party complies with GDPR and Kenyan Law;
8.2.2. Model clauses agreed and approved from the EU;
8.2.3. We limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality;
8.2.4. Contractual clauses that stipulate specific controls aligned with our internal policies, as stated in section 8.2;
8.2.5. Security and Data Protection notification with set Service Level Agreements;
8.2.6. Right to Audit;
8.3. Information security is of great importance to us, and to protect your data, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure data collected through Our Site.
8.4. Steps We take to secure and protect your data include:
8.4.1. Dedicated Information Security team and operations;
8.4.2. Annual review and external audit;
8.4.3. Alignment with ISO 27001 and operational Information Security Management System (ISMS);
8.4.4. Designation of a data protection officer; and
8.4.5. Continuous Improvement project of all security controls.
8.5. Notwithstanding the security measures that we take, it is important to remember that the transmission of data via the internet may not be completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to Our Website. Any transmission is at your own risk and that you are advised to take suitable precautions when transmitting to us data via the internet. Once we have received your information, we will use strict procedures and security features to prevent unauthorized access.
9. DO WE SHARE YOUR DATA?+
9.1. We may share your data with other companies in Our Group. Reference to “Group” includes our affiliated companies conducting the same business including without limitation any parent company, any subsidiary, any company or entity which is a subsidiary of, or is for the time being directly or indirectly controlled by, the parent company; or any entity with which the Company has entered into a joint venture or service level agreement or similar instruments or agreements for purposes of provision of gaming services and products and ancillary services to customers.
9.2. We may contract with third parties to supply products and services to you on Our behalf. These may include payment processing, delivery of goods, search engine facilities, advertising and marketing. In some cases, the third parties may require access to some or all of your data. Where any of your data is required for such a purpose, we will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, our obligations, and the obligations of the third party under 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.
9.3. We may compile statistics about the use of Our Site including data on traffic, usage patterns, user numbers, sales and other information. All such data will be anonymised and will not include any personally identifiable information. We may from time to time share such data with third parties such as prospective investors, affiliates, partners and advertisers. Data will only be shared and used within the bounds of the law.
9.4. In certain circumstances we may be legally required to share certain data held by us, which may include your personal information, for example, where we are involved in legal proceedings, where we are complying with the requirements of legislation, a court order, or a governmental authority. We do not require any further consent from you in order to share your data in such circumstances and will comply as required with any legally binding request that is made of us.
10. WHAT HAPPENS IF OUR BUSINESS CHANGES HANDS?+
10.1. We may, from time to time, expand or reduce our business and this may involve the sale and/or the transfer of control of all or part of our business. We may seek to acquire other businesses or merge with them. Data provided by users will, where it is relevant to any part of our business so transferred, be transferred or merged, along with that part and the new owner or newly controlling party will, under the terms of this Policy, be permitted to use the data for the purposes for which it was originally collected by us.
10.2. In the event that any of your data is to be transferred in such a manner, you will be contacted in advance and informed of the changes.
11. HOW CAN YOU CONTROL YOUR DATA?+
When you submit information via Our Site, you may be given options to restrict Our use of your data. We aim to give you strong controls on Our use of your data including the ability to opt-out of receiving emails from us which you may do by unsubscribing using the links provided in Our emails and at the point of providing registration AND/OR by managing your Account.
12. YOUR RIGHT TO WITHHOLD INFORMATION AND YOUR RIGHT TO WITHDRAW INFORMATION AFTER YOU HAVE GIVEN IT+
12.1. You may in some cases access certain areas of Our Site without providing any data at all. However, to use all features and functions available on Our Site you may be required to submit or allow for the collection of certain data.
12.3. You may withdraw your consent for us to use your personal data as set out in section 5 above at any time by contacting us on firstname.lastname@example.org. However, you acknowledge this may limit our ability to provide the best possible products and services to you.
13. HOW CAN YOU ACCESS YOUR DATA?+
You have the legal right to ask for a copy of any of your personal data held by Us (where such data is held). Please contact Us for more details at email@example.com and request how to ask for a subject access request.
14. SUMMARY OF YOUR RIGHTS UNDER KENYAN LAW AND THE GDPR+
14.1. Under various Laws, you have:
14.1.1. the right to request access to, deletion of or correction of, your personal data held by us;
14.1.2. the right to complain to a supervisory authority;
14.1.3. be informed of what data processing is taking place;
14.1.4. the right to restrict processing;
14.1.5. the right to data portability;
14.1.6. object to processing of all or part of your personal data;
14.1.7. rights with respect to automated decision-making and profiling (see section 15 below).
14.2. The above rights may be subject to limitations or restrictions as a result of our own regulatory obligations. To enforce any of the foregoing rights or if you have any other questions about Our Site or this Policy, please contact us using the details set out in section 15 below.
15. AUTOMATED DECISION-MAKING AND PROFILING+
15.1. In the event that we use personal data for the purposes of automated decision- making and those decisions have a legal (or similarly significant effect) on you, you have the right to challenge such decisions under GDPR or Kenyan Law, requesting human intervention, expressing their own point of view, and obtaining an explanation of the decision from us.
15.2. The right described in section 15.1 does not apply in the following circumstances:
15.2.1. The decision is necessary for the entry into, or performance of, a contract between the you and us;
15.2.2. The decision is authorised by law; or
15.2.3. You have given you explicit consent.
15.3. Where we use your personal data for profiling purposes, the following shall apply:
15.3.1. Clear information explaining the profiling will be provided, including its significance and the likely consequences;
15.3.2. Appropriate mathematical or statistical procedures will be used;
15.3.3. Technical and organisational measures necessary to minimise the risk of errors and to enable such errors to be easily corrected shall be implemented; and
15.3.4. All personal data processed for profiling purposes shall be secured in order to prevent discriminatory effects arising out of profiling.
15.4. We currently make the following automated decisions:
15.4.1. PEPs and Clear information explaining the profiling will be provided, including its significance and the likely consequences;
15.4.2. Money Laundering and Anti-Terrorism funding;
15.4.3. Problem Gambling monitoring and detection; and
15.4.4. Supplying of rates and odds.
15.5. We currently profile your personal data for the following purposes:
15.5.1. Ensuring correct geographical version of the platform is presented;
15.5.2. Ensuring correct technical platform version of the platform is presented;
15.5.3. Ensuring correct language version of the platform is presented;
15.5.4. Ensuring correct odds are offered; and
15.5.5. Ensuring the correct time on the site is presented.
16. CONTACTING US+
If you have any questions about Our Site or this Policy, please contact Us directly by email at firstname.lastname@example.org; by telephone (+254709079079 or +254755079079), or by post at P.O. Box 25675-00100. Please ensure that your query is clear, particularly if it is a request for information about the data we hold about you (as under section 13, above).