Privacy policy

AVENTUS TECHNOLOGY
LIMITED PO BOX 30834-0100
NAIROBI, KENYA
+254709029000

Aventus Technology Limited (the “Company” or “We”) respect our Customers (the “Customer” or “You”) and their privacy and are committed to protecting our Customers’ privacy through compliance with this policy (“Privacy Policy”). This Privacy Policy describes the type of information we may collect from you or that you may provide when you visit our website or App and our practices for collecting, using, maintaining, protecting and disclosing that information. This Privacy Policy and any amendments or variations thereto take effect on their date of publication.

By clicking on the button “Loan Registration” above, the Customer undertakes and acknowledges that he/she has read and agreed to all contents set forth in the Terms and Conditions, and Privacy Policy.

This Privacy Policy has been posted and takes effective on 12 April, 2021 with the terms and conditions as follows:

1. General part

The Customer is required and committed to read, understand and agrees to be bound by the content described in the Privacy Policy regarding the use of the services on the website/application.

This Privacy Policy is a legal agreement between the Customer and Company. Before using the products and services of the Company and/or the Company’s Partner on the website/application, the Customer acknowledges and confirms that he/she agrees to comply with all of the content as stipulated in this Privacy Policy. When the Customer clicks on the button “Loan Registration” and/or continues to perform the steps of creating transactions and/or providing information to the Company, it is understood that the Customer has accepted to use products and services of the Company and/or its Partners based on this Privacy Policy.

“Service” refers to any product or service that the Company and/or its Partner provide to the Customer from time to time through the website/application and maintaining the Application available on Lend plus site hosted by Google Play Store, OR hosted by the Application Site, once the Customer has downloaded or streamed a copy of the Application onto his/her Device.

“Partner” refers to any partner of the Company from time to time having a relationship with the Company to provide products and services to the Client through the website / application.

2. Commitment of the Customer

Customer undertakes to read, understand and agree to all content and terms specified in this Privacy Policy. Accordingly, the Customer is fully aware and agrees that the information provided by the Customer when the Customer logs in, accesses, or uses the website/application or any features, processes, functions of website/application will be actually or able to be collected, processed, transferred (including domestic and overseas) or stored as set forth in this policy.

The Customer represents and warrants that a relatives/contact person whose information provided by the Customer pursuant to Section 3 below has agreed that the Company is able to use, process, store and/or disclose their information in accordance with this Privacy Policy, Applicable Law and regulations including the Data Protection Act, 2019 and regulations thereunder (Data Protection Laws).

For the purpose of complying with the Company’s internal policies and Data Protection Laws, the Customer is aware that the Company and/or its Partner will only provide the Services to Kenyans from eighteen (18) years of age or older, within the Republic of Kenya. Therefore, the Customer undertakes that the information provided by the Customer to the Company is correct and the Customer meets the subjective conditions to establish transactions with the Company and/or Company’s partner and the Customer. The Customer are solely responsible for the provision of information in accordance with this Privacy Policy.

The Customer is fully aware that the Customer still has the right to request the Company to suspend or permanently stop the collection, use, transfer of all or some of the information collected from the Customer, even in the case that the Customer agrees to allow the Company to collect, use and transfer information previously, by contacting the Company’s Customer Service for instructions.

By downloading the Lend Plus App, the Customer hereby consents to the collection and processing of the Customer’s personal information for legitimate business purposes, included but not limited to determining the Customer’s credit score and providing a loan. The Customer hereby certifies that all the information provided is true and correct to the best of his/her knowledge, and that any misrepresentations or falsity therein will be considered as an act to defraud and its partners. The Customer shall endeavour to furnish and promptly update their information in an effort to maintain accuracy and completeness at all times. The Company hereby reserves the right to (in its sole discretion) suspend or terminate the Customer’s access to the Services if in the Company’s reasonable opinion, the Customer knowingly provided information of a false, untrue, inaccurate or incomplete nature. The Customer authorizes Lend Plus to verify and investigate the above statements/information as may be required, from the references provided and other reasonable sources. For this purpose, the Customer hereby waives his/her rights on the confidentiality of client information and expressly consent to the processing of any personal information and records relating to the Customer that might be obtained from third parties, including government agencies, an employer, credit bureaus, business associates and other entities which Lend Plus may deem proper and sufficient in the conduct of the Customer’s business, sensitive or otherwise, for the purpose of determining the Customer’s eligibility for a loan which the Customer is applying for.

3. Personal information which we collect

We collect Personal Information about you. The Personal Information which we collect may be provided by you directly (for example, when you opening an Account to use the Service via App, or you otherwise provide Personal Information to us) or by third parties, or be collected automatically when you use the App. We may collect information in various forms and for various purposes (including purposes permitted under Applicable Law).

To better understand your identity and evaluate your credit qualifications, we need your permission to collect the following relevant information with your consent. Your information will be encrypted and transmitted to our server (https://lendplus.ke/api) in a secure manner. Unless otherwise provided herein, we will not share the data we collect with any third party without your consent.

(a) Collection of SMS data

Purpose of Permission: As an important part of our loan process, our App reads your SMS information. This helps us identify bank accounts you may hold, cash flow patterns and amounts you transact as a Customer. To detect, combat and prevent fraud, attempted fraud, money laundering or other illegal use of our services, we will determine your fraud risk and financial situation. Access to SMS information is optional. An option to grant the permission may be made available to you and you can choose to grant or deny permission. Your refusal of permission will mean lack of SMS information and inability to assess your risk and credit on our part.

Type of Data Collect: We only monitor SMS in the Customer’s inbox, which helps us identify the various accounts the Customer owns and the flow patterns of cash held by the Customer. We also collect and process telephone data such as SMS logs.

Security of Data: We encrypt and transmit your SMS information to our server (https://lendplus.ke/api) using the HTTPS protocol. We shall not to share data collected with the third parties without your permission.

(b) Collection of Location Information

We will collect your geographic location information for customer risk assessment.
We will upload location data to the LendPlus server (https://lendplus.ke/api) with high level protection.

Your device’s operating system may provide you with a notification when the App attempts to collect your precise geo-location. Please note that if you decline to allow the App to collect your geo-location, you may not be able to use all of the Apps features.

(c) Collection of Phone Device Information

We may collect some of your device information, such as hardware information (including the device’s operating system, Android version, IMEI number, IMSI number, MAC address, serial number, Android ID, screen size and other hardware information), and serial number to uniquely identify the device and ensure that unauthorized devices are not acting on your behalf to prevent frauds.
We will upload the collected data to the LendPlus server (https://lendplus.ke/api) with high level protection.

4. Data Security

In order to assess your eligibility and facilitate faster disbursement of your loan, we need some permissions to access your sms, contacts and location etc. You can delete your account and personal information at any time by contacting our customer service center. All the data and transactions are protected by 256 SSL encryption, and the data collected will be transmitted and uploaded to our service through a secure link. Your personal information will not be disclosed to third parties without your prior authorization.

(a) Information obtained from you or from your Mobile Device directly:

When you register and create an Account with us using the App, you will be required to provide Personal Information, including your name, National ID , date of birth, gender, education background, physical address, e-mail address, working information, marital status, emergence contact, phone number, SIM card details, financial and credit information (including your Mobile Money Account details) and an Account ID and/or password that you will use to access the App after registration.

When you use the App, you will be required to provide to us such relevant information as may reasonably be required by us in order for the App to work. For example, when a payment is made through the electronic money facility within the App, you will be required to provide information relating to the payment, such as the type of payment card or mobile wallet account used, the name of the issuer of that payment card or mobile wallet account, the name of the account holder for that payment card or mobile wallet account, the number of that payment card or mobile wallet account, and the amount of money paid.

(b) Information collected whenever you use the App or visit our Website:

Whenever you use the App or visits our Website, we may collect certain technical data concerning your usage such as, internet protocol (IP) address, information as web pages previously or subsequently viewed, duration of every visit/session, the internet device identity (ID) or media access control address, and also information regarding the manufacturer, model and operating system of the device that you uses to access the App or our Website.

Whenever you use the App or visit our Website, certain information may also be collected on an automated basis using cookies. Cookies are small application files stored on your computer or Mobile Device. We use cookies to track user activity to enhance user interface and experience. Most Mobile Devices and internet browsers support the use of cookies; but you may adjust the settings on your mobile device or internet browser to reject several types of certain cookies or certain specific cookies. Your Mobile Device and/or browser may also enable to you to delete at any time whatever cookies have previously been stored. However, doing so may affect the functionalities available on the App or our Website. You have the sole right to refuse our “Cookies” on your computer or other device, unless our “Cookies” are required to prevent fraud or to ensure the security of your website/application that we control, manage, and operate. The use of the website/application may be restricted if you do not accept our “Cookies”.

Whenever you use the App through your Mobile Device, we will track and collect your Geo-location information in real-time enable us to give you a better experience in using the App.

Meanwhile, we will collect technical information while you are using the App, including the type of the Mobile Device used, a unique device identifier (for example, your mobile device’s IMEI number, the MAC address of your Mobile Device’s wireless network interface, or the mobile phone number used by your Mobile Device), mobile network information, the mobile operating system, the type of mobile browser used, time zone setting. We will also collect information stored on your Mobile Device, including SMS logs.

We collect all your SMS data but only monitor your messages related to financial transactions. To be specific, we will monitor the amount of transaction to perform credit risk assessment. This enables faster and quicker loan disbursal.

We collect your Geo-location information when the App is running in the foreground. We endeavour to cease collection of your Geo-location information when the App is in the background, but such information may still be collected unintentionally. You can always choose to disable the Geo-location tracking information on your Mobile Device temporarily. However, this may affect some of the functionalities available on the App.

(c) Information collected from third parties:

You hereby acknowledge and agree that, for the purpose of providing the Service, we may, from time to time cooperate with third-parties including Credit Reference Bureaus, Banks, 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.

In such cases, we will only collect your Personal Information for or in connection with the purposes for which such third parties are engaged or the purposes of our collaboration with such third parties (as the case may be), provided that we have taken reasonable steps to ensure that such third parties would undertake to us to obtain your consent for the disclosure of your Personal Information to us in line with this Privacy Policy, Data Protection Legislation and Applicable Law.

5. The usage of personal information which we collect

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

to identify you and to register you as a user and to administer, manage or verify your Account and your credit conditions as such;
to facilitate or enable any checks as we may in our discretion consider necessary before we register you as a user;
to disburse Loan and collect payments for use of the Service;
to build credit models and perform credit scoring;
to comply with Applicable Law, regulations, and rules, such as those relating to “know-your-customer” and anti-money laundering requirements;
to communicate with you and to send you information in connection with the use of the App;
to notify you of any updates to the App or changes to the Service (including interest rate, Transaction Fees, etc.) available;
to process and respond to enquire and feedback received from you;
to maintain, develop, test, enhance and personal the App to meet your needs and preferences as a user;
to contact you by telephone using auto-dialed or pre-record message calls or text (SMS) messages (if applicable) as authorized for the purposes described in this Privacy Policy and the Terms and conditions;
to monitor and analyse user activities and demographic data including trends and usage of the Service available on the App; or
to send direct marketing communications and information on special offers or promotions.

By accepting this Privacy Policy, you acknowledge, understand and agree that we may share the information collected from you:

where required or authored by Applicable Law (including but not limited to responding to regulatory enquire, investigations or directives, or complying with statutory or regulatory filing and reporting requirements), for the purpose so specified in that Applicable Law;
where there is any form of legal proceeding between you and us, or between you and another party, in connection with, or relating to the Service, for the purposes of that legal proceeding;
in connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing or acquisition of all or a portion of our business by or into another company, for the purposes of such a transaction (even if the transaction is eventually not proceeded with);
to our employees, officers, representatives or professional advisers who need to know such information for the purposes of exercising our rights or carrying out our obligations under or in connection with our Services;
where we share your Personal Information with third parties (including Credit Reference Bureaus, Banks, 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), for or in connection with the purposes for which such third parties are engaged or the purposes of our collaboration with such third parties (as the case may be), which may include allowing such third parties to introduce or offer products or services to you, or other conducting activities including marketing, research, analysis and product development;
where we share Personal Information with Affiliates, we will only do so for the purpose of them helping us to provide the App or to operate our business (including, where you have subscribed to our mailing list, for direct marketing purposes), or for the purpose of them conducting data processing on our behalf. For example, our Affiliate in another country may process and/or store your Personal Information on behalf of our group company in your country. All of our Affiliates are committed to processing the Personal Information that they receive from us in line with this Privacy Policy and Applicable Law;
where we publish statistics relating to the use of the App and the Service, in which case all information will be aggregated and made anonymous; and when we believe in good faith that disclosure of your Personal Information is necessary to comply with Applicable Law, prevent physical harm or financial loss, report suspected illegal activity, or to investigate violations of our Terms of Use.

7. Storage of Personal Information

The Personal Information that we collect from you may be stored at, transferred to, or processed by third parties service providers. We will use all reasonable efforts to ensure that all such third parties service providers provide a level of protection that is comparable to our commitments under this Privacy Policy.

Your Personal Information may also be stored or processed outside of your country by personnel who work for us in other countries, or by our third parties service providers, suppliers, contractors or Affiliates, to the extent permitted under Applicable Law. In such a case, we will ensure that such Personal Information remains subject to a level of protection comparable to what is required under the Data Protection Legislation (and, in any event, in line with our commitments in this Privacy Policy).

8. Security of Personal Information

Confidentiality of your Personal Information is of utmost importance to us. We will use all reasonable efforts to protect and secure your Personal Information against access, collection, use or disclosure by authorized persons and against unlawful processing, accidental loss, destruction and damage or similar risks. Unfortunately, the transmission of information via the Internet is not completely secure. You are and shall at all times be responsible for keeping your Account details confidential and you must not share your password with anyone and you must always maintain the security of the Mobile Device that you use at any given time. You shall be responsible for any act or omission of any user(s) that access you Account information that, if undertaken by you would be deemed to be a violation of this Privacy Policy. You agree and undertake to notify us of any unauthorised access or use of you Account or password or any breach of security. You acknowledge, understand and agree that we shall not be held liable for any loss and/or damage arising from any failure to maintain the secrecy and confidentiality of your password and all activities that transpire on or within your Account.

9. Data retention

Being a registered reporting institution under the Proceeds of Crime and Anti-Money Laundering Act, as amended (POCAMLA), Lendplus has the obligation to retain certain records for a period of at least seven (7) years, from the date of the relevant transaction or following the termination of an account or business relationship with Lendplus. To ensure Lendplus’s ability to comply with this obligation, Lendplus will retain relevant personal data associated with your account for a period of ten (10) years from the date of the closure of your Lendplus account.

In some circumstances, such as when you have no outstanding credit balance with Lendplus, you can ask us to close your Lendplus account and delete the associated personal data (subject to Lendplus’s record retention obligations under the POCAMLA as mentioned above): see the section on Your rights under Data Protection Laws below for further information.

In some circumstances we will anonymise your information such that it will no longer constitute personal data. In such cases we may use anonymised information for whatever legitimate purpose without further notice to you.

10. Your rights under Data Protection Laws

You have rights under data protection laws in relation to your personal data. These include rights to:

(a) Request deletion of your personal data:

You may by written notice, request us to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

(b) Request deletion of your personal data:

You may by written notice, ask to ask us to delete or delete personal data that we have no good reason to continue processing. You also have the right to ask us to delete or delete your personal data for which you have successfully exercised your right to object to processing (see below), where we may process your information unlawfully or where we need to delete your personal data to comply with local law. Please note, however, that due to specific legal reasons, we may not always be able to honor your removal request, and if applicable, we will notify you when you request it. For the avoidance of doubt, we may, notwithstanding your request for deletion of your personal data, retain your personal data as required or authorised by Applicable Law and the Data Protection Legislation, as reasonably necessary on a lawful basis, or for historical, statistical and/or research purposes. Nonetheless, we shall, to the greatest possible extent anonymise and/or pseudonyms any personal data retained.

(c) Object to processing of your personal data:

Where we are relying on a legitimate interest (or those of a third parties). You also have the right, by written notice, to object to the processing your personal data. We may, however, proceed with the processing of your personal data in accordance with the Applicable Law and Data Protection Laws in the existence of compelling legitimate interests including but not limited to the establishment, exercise or defence of any legal claim against you.

(d) Request the transfer of personal data:

We may, on receipt of a valid written request, provide you or a third parties of your choice with your personal data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information for which you originally consented to our use or we use that information to contract with you.

You may by written notice, withdraw consent at any time where we are relying on your consent to process your personal data. The withdrawal of consent will not affect the lawfulness or validity of any processing carried out before the withdrawal of your consent. Please note that you will not be able to access certain products or Services if you withdraw your consent.

Any queries and/or concerns may be channeled through our customer service email or online customer service, and we shall try to respond to all legitimate requests within one (1) month. If your request is particularly complex or you hav made multiple requests, it may sometimes take us more than a month. In this case, we will notify you and keep you informed.

11. External Links

Through this Privacy Policy, the Customer is fully aware that the Customer is responsible for protecting his/her account information, login password on the website/application. At the same time, the Company warns the Customer not to provide any information related to his/her account and password for the website/application as well as any other e-commerce platform. The Company is not responsible in case the Client accesses the website/application or any unofficial link and/or is not managed, operated by the Company. In the event that the Customer discloses its information, data to these websites/applications or links, the Customer is solely responsible for the disclosure of its information and data as well as for its confidential compliance and/or privacy policies at such websites/applications or links.

12. Update Privacy Policy

Through this Privacy Policy, the Customer agrees that We may amend this Privacy Policy at any time in accordance with our discretion and policies from time to time and will be uploading to website/application in modified version. We note that the Customer needs and undertakes to check and update this Privacy Policy periodically for the latest information. Changes to this Privacy Policy take effect from the date of upload on our website/application. If We make a material change to this Privacy Policy and how We use the Customer’s Collected Information, We will upload these changes to the website/application and will use our best efforts to notify Customer of these changes. By the Customer’s continued use of the Services after the amendment takes effect, We understand that Customer agrees and undertakes to comply with the revised terms of this Privacy Policy.

The Customer has the right to terminate the agreement on this Privacy Policy by sending a written notice to the Company 7 (seven) days in advance if he/she is not in agreement with the amendments and supplements as set forth in this Section.

If you have any questions regarding this Privacy Policy or you would like to obtain access and/or make corrections to your Personal Information, please contact our Data Protection Officer at customer@lendplus.ke