PRIVACY POLICY

Introduction

Welcome to the Apollo Group’s Privacy Policy. Apollo Group respects your privacy and is committed to protecting your personal data. This privacy policy aims to give you information on how we collect and process your personal data through your use of the apainsurance.org, our mobile apps, and the other services provided by Apollo Group (we’ll refer to all of these collectively as our “Services”), including any data you may provide through the website when you use some of its functionalities as well as your rights in relation to data we hold about you.

This privacy policy should also be read in conjunction with the Terms of Use or fair processing notice, it supplements other notices and privacy policies but is not intended to override them.

Who We Are

Your access to the website is facilitated by Apollo Group, a group of companies comprising of general insurance, life assurance and asset management companies headquartered in Nairobi, Kenya and located at Apollo Centre, Ring Road, Parklands, Nairobi, Kenya (“APA”, “we,” “us” or “our”). Any information that personally identifies you is collected by us to meet our mutual interests, and in compliance with the Data Protection Laws.

For more information concerning Apollo Group, visit

visit https://www.apainsurance.org

The Data We Collect About You

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:

How is Your Personal Data Collected

We use different methods to collect data from and about you including through:

Direct interactions. . You may give us your Identity, Contact Data and Marketing and Communications Data by completing text fields. This includes personal data you provide when you:

Automated Technologies or Interactions

Information we receive from third parties

We may receive information about you from third parties. For example, if you access our websites or Service through a third-party connection or log-in, for example, through Facebook Connect, by “following,” “liking,” adding the APA application, linking your account to the APA Service, etc., that third party may pass certain information about your use of its service to APA Insurance. This information could include, but is not limited to, the user ID associated with your account (for example, your Facebook UID), an access token necessary to access that service, any information that you have permitted the third party to share with us, and any information you have made public in connection with that service. You should always review, and if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to the APA Service. You may also unlink your third party account from the Service by adjusting your settings on the third party service. If you unlink your third party account, we will no longer receive information collected about you in connection with that service. We may also receive information about you and your engagement with our advertisements from our ad servers, ad networks and social media platforms

Purposes for Which We Will Use Your Personal Data

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate. 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. Please contact us using the details below if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Purpose/Activity Type of data Basis for processing including that of legitimate interest
(a) To provide you with an insurance quotation and related administration (b) statistical purposes and (c) crime prevention (a) Identity (b) Contact (c) Profile (a) Performance of a contract with you (b)To comply with a legal obligations (c) To obtain explicit consent from you (where the processing involves your location data for the purposes of giving you a driver score and an insurance quotation as a result)
To manage our relationship with you which will include: (a) Notifying you about changes to our terms or privacy policy (b) Asking you to leave a review or take a survey (if applicable) (a) Identity (b) Contact (c) Profile (d) Usage (a) Performance of a contract with you (b) To keep you up to date about changes in our privacy policy. (c) To allow us to receive and act on feedback from you
To administer and protect you and our business (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) ((a) Identity (b) Contact (c) Technical (d) Usage (a) For efficient running of business, (b) Provision of administrative, IT support and network security, (c) to prevent fraud (d) to re- organize or restructure (e) to comply with legal obligations
To deliver relevant content (a) Identity (b) Contact (c) Technical (d) Usage (e) Marketing and Communications (a) Necessary for establishing our customers’ evolving needs, (b) To improve user experience (c) Measure traffic and usage trends for the Service
To provide software updates, support and other services to you (a) Technical (b) Usage (a) Performance of a contract with you (b) To help keep relevant and updated (c) To improve the security of the services
To use data analytics to improve the products/services, marketing, customer relationships and experiences (a) Technical (b) Usage (a) to establish categories of customers’ needs (b) to keep updated, user friendly and relevant (c) to help us innovate in response to your evolving needs
To make suggestions and recommendations to you about products or services that may be of interest to you (a) Identity (b) Contact (c) Technical (d) Usage (e) Marketing and Communications (a) to develop our products to better suit your needs/ (b) To meet your needs

Who we share your information with

We may share your information with third-party service providers for the purpose of providing the Service to you that is useful and safe and to facilitate our legitimate interests. Those service providers will only be provided with access to your information as is reasonably necessary for the purpose that APA has engaged the service provider, and we will require that such third parties comply with this Privacy Policy, appropriate data processing terms and any applicable laws.

We may share User Personal Information if we are involved in a merger, sale, or acquisition of corporate entities or business units. If any such change of ownership happens, we will ensure that it is under terms that preserve the confidentiality of User Personal Information, and we will notify you on our Website or by email before any transfer of your User Personal Information. The organization receiving any User Personal Information will have to honor any promises we made in our Privacy Statement or Terms of Service.

Some of the third parties that we may share your personal information with include providers who assist us with functions such as:

Changes to the Privacy Conditions

We may update the privacy policy to reflect changes to our information practices. We reserve the right to revise this privacy policy at any time, which revisions shall become effective and binding once they are posted on the Application. We will provide notices for any material changes we make.

Disclosure of Your Personal Data

We may share your personal data with the parties set out below for the purposes set out in the table above. APA staff that administer and otherwise operate the services and our call centers for the purpose of providing services to you. We enable our Company’s call center employees to contact you by phone or e-mail for this purpose. They will discuss your quotation and the information that you submitted to us as part of the quotation procedure. We may also share your personal data for the purpose of responding to and handling any insurance claim you make.

The third Parties may be as set out below:

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.

Data Security

We will use technical and organizational measures to safeguard your personal data from being accidentally lost, used, or accessed in an unauthorized way, for example:

No data transmission over the internet can be guaranteed to be totally secure. However, we take steps to secure the information you provide to us. We cannot guarantee the security of any information you transmit to us or that we retain. By using our services, you expressly acknowledge and agree that its use is at the user’s risk. You should note that the information that you submit to us is also stored on your device in unencrypted form and you agree that the onus is on you to password-protect access to your device to ensure that your information stored on your device remains secure. Your communications may route through a number of countries before being delivered - this is the nature of the internet

APA will not accept responsibility for any unauthorized access or loss of personal data that is beyond our control, including access or loss caused by you failing to password-protect access to your device.

Where Is Personal Data Stored?

All personal data you submit or that is collected via the App will be stored in servers in Nairobi, Kenya. There may be instances where the data may be stored in a cloud service. In such an instance, we will ensure the security of the cloud service is in line with this policy. You may delete the information stored locally at any time by deleting the files from your device. Further you may request deletion of information you upload or share with us by contacting us using the details below

Data Retention

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you. To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

Cross Border Transfer of Data

Where we transfer your information to a third party provider that is not located in the Kenya, we will require those third party providers enter into an agreement that provides appropriate safeguards for your information.

Keep your security details secret

We will never ask for your security details. If anyone contacts you asking for your security details, they may be a fraudster. Inform us straight away on (+254 (0) 286 2000).

Your Legal Rights

You have various rights in relation to your personal data, including the right to request access to your personal data, correct any mistakes on our records, erase or restrict records, object to use of personal data based on legitimate business interests, opt out of collection of your information, ask not to be subject to automated decision making if the decision produces legal or other significant effects on you, and data portability.

Governing Law

This Privacy Policy is governed by the laws of Kenya

Contact Details

If you have any concern about privacy or want to contact one of our data controllers, please contact us through the address set below, or send your queries to the data protection officer whose details are set out above, with a thorough description and we will try to resolve the issue for you. Our contact details are:

Apollo Group Apollo Centre | Ring Road Parklands, Westlands | Nairobi, Kenya P.O. Box 30065-00100-GPO| Nairobi | Kenya Email address: privacy@apollo.co.ke Telephone Number: +254 (0) 286 2000

TERMS OF USE

General

This document and the other documents that we reference below make up our house rules, or what we officially call our Terms of Use (the “Terms”)

These Terms are between you, whether personally or on behalf of an entity (“you”) and Apollo Group, a group of companies comprising of general insurance, life insurance and asset management companies headquartered in Nairobi, Kenya and located at Apollo Centre, Ring Road, Parklands, Nairobi, Kenya (“APA”, “we,” “us” or “our”), concerning your access to and use of our services.

Please read these Terms carefully before you click the “I accept the Terms” button

Binding Terms

Your access and use of the Application constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and APA. These Terms expressly supersede prior agreements or arrangements with you.

This agreement sets out your rights and responsibilities when you use apainsurance.org, our mobile apps, and the other services provided by Apollo Group (we’ll refer to all of these collectively as our “Services”), so please read it carefully. By using any of our Services (even just browsing one of our websites), you’re agreeing to the Terms. If you do not agree to these Terms, you may not access or use the services.

APA may amend these Terms from time to time. Amendments will be effective upon APA posting of such updated Terms at this location or the amended policies or supplemental terms. Your continued access or use of the services after such posting constitutes your consent to be bound by the Terms, as amended. You are responsible for reviewing and becoming familiar with any changes.

Other Documents Mentioned

Our Services connect people both online and offline, to various Insurance and Investment products and services. Here’s a handy guide to help you understand the specific rules that are relevant for you, depending on how you use the Services: If you use any of our Services, you agree to these Terms, and our Privacy Policy and our Cookies Policy. All of these policies are a part of our Terms, so be sure to read the ones that are relevant for you. Of course, you’ll still want to read the rest of this document because it applies to everyone!

User Accounts

You may need to create an account with us to use some of our Services. Here are a few rules about accounts with us: By clicking the Sign Up button located on the sign up application, you represent and warrant that:

We however reserve the right to limit the use of the Services and/or terminate or suspend abusive user’s accounts

Services

The Services constitute interactive technology platforms that enables users to access our services in a fast and convenient way.

The following actions and services can be performed by you when you “Log In” into the Application:

Licence

Subject to your compliance with these Terms, APA grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferrable license to:

Any rights not expressly granted herein are reserved by APA and APA’s licensors.

Who can use our Services?

Our Services are accessible to:

We however reserve the right to right to limit use and/or terminate or suspend abusive users’ accounts.

Third Party Services and Content

The Services may be made available or accessed in connection with third party services such as Google Inc., and content (including advertising) that APA does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. APA does not endorse such third party services and content and in no event shall APA be responsible or liable for any products or services of such third party providers. These third party beneficiaries are not parties to these Terms and are not responsible for the provision or support of the Application in any manner. Your access to the Application using these devices owned by third parties is subject to terms set forth in the applicable third party beneficiary’s terms of service. You acknowledge that you shall be responsible for any charges or fees payable to third party arrangements.

Ownership

The Services and all rights therein are and shall remain APA’s property or the property of APA’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights:

Warranties

We are dedicated to making our services the best they can be, but we are not perfect and sometimes things can go wrong. Understand that our services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade.

We do not guarantee that: (i) the services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) the services will be free of viruses or other harmful materials; or (iv) the results of using the services will meet your expectations. Use of the services is solely at your own risk.

Liability Limits.

To the fullest extent permitted by law, neither we, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special, or punitive damages arising out of or in connection with the services or these terms. In no event shall we aggregate liability for any damages exceeding the amount you paid us in the past twelve months.

Term and Termination

The Terms specified herein shall enter into force as of the date of submitting the Sign Up application. APA may be entitled to immediately terminate these Terms and block your access to the Services without giving any advance notice in case you breach these Terms, any applicable laws or regulations, disparage APA, or cause harm to APA's brand, reputation or business as determined by APA in our sole discretion. In the aforementioned cases we may, at our own discretion, prohibit you from registering a new account.

Contacting you

We may contact you by email, text or other messages on the Application, or by telephone or post to update you on any changes regarding the Application or our policy. We may send marketing messages. If you don’t wish to receive them, you may inform us at any time by contacting us on our normal contact details below:

We may still sometimes send communications by post, for example, notices about a breach of your agreement. This may be instead of, or in addition to, communications by electronic means. It is important that you keep us updated with any changes to your contact details.

We may still sometimes send communications by post, for example, notices about a breach of your agreement. This may be instead of, or in addition to, communications by electronic means. It is important that you keep us updated with any changes to your contact details.

Personal Information and Marketing

a. We will use your personal information to manage your membership, for sales and marketing analysis and to personalise your marketing experience (where appropriate). To find out more about how we use your personal information, please see our Privacy Policy here

b. If you have opted-in to receiving marketing messaging from us, we will contact you from time to time to send you marketing communications and keep you up-to-date with our products, promotions and special offers and with general information concerning our Services. You may unsubscribe from receiving such marketing communications at any time by clicking on the “unsubscribe” link found on any marketing emails from us, logging into your account online or by contacting Customer Care with your request.

c. If you have not opted-in to receive marketing from us, we will only contact you with service information in relation to your account.

Third Party Software

As a convenience, we may make third-party software available through the Service. To use the third-party software, you must agree to the terms and conditions imposed by the third party provider and the agreement to use such software will be solely between you and the third party provider. By downloading third party software, you acknowledge and agree that the software is provided on an "AS IS" basis without warranty of any kind. In no event shall we be liable for claims or damages of any nature, whether direct or indirect, arising from or related to any third-party software downloaded through the Service.

Assignment

We may assign or transfer our rights under these Terms to another entity (but APA will always notify you in writing by posting on this on the Application). You shall not transfer or assign your rights or your obligations under these Terms to another person.

Governing laws

Except as otherwise set forth in these Terms, these Terms shall exclusively be construed in accordance with the laws of Kenya.

Dispute Resolution

The parties will attempt in good faith to negotiate a settlement to any dispute or differences between them arising out of or in connection with this Terms within twenty (20) business days of either party notifying the other of the dispute or differences. Nothing in this dispute resolution procedure will prevent the disputing parties from seeking from any court of competent jurisdiction an interim order restraining the other party from doing any act or compelling the other party to do any act. If the dispute cannot be resolved by the disputing parties, the dispute shall be referred to and finally determined by arbitration in accordance with the Kenya Arbitration Act 1995 and the Rules of the Kenya branch of the Chartered Institute of Arbitrators, which Rules are deemed to be incorporated in this Agreement. The arbitration shall take place in Nairobi Kenya at such venue as the disputing parties shall agree. The arbitration proceedings shall be conducted by one arbitrator appointed by the disputing parties failing which by the Chairman for the time being of the Institute of Chartered Arbitrators, Kenya Branch on the application of a disputing party. The language of the arbitration shall be English.

The dispute may be referred by either party to the Institute of Chartered Arbitrators for Mediation (“ICA”). The Parties agree to enter into mediation to settle a good faith dispute and will do so in accordance with “ICA’s mediation procedures. Unless otherwise agreed between the parties within 14 days of notice of the dispute, the mediator will be nominated by “ICA”. To initiate the mediation a party must give notice in writing to the other party to the dispute, referring the dispute to mediation. A copy of the referral should be sent to ICA.

Any arbitration or mediation under the Terms will take place on an individual basis. You understand that by agreeing to the Terms, both parties (you and Apollo) are each waiving the right to trial in court or to participate in a class action lawsuit. Class arbitrations shall only be available if requested by either party under its Class Action Arbitration Rules and approved by the arbitration entity. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator or mediator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.

The costs of the arbitration, including the arbitrator’s fee and court reporter’s fee, shall be equally split among the parties, unless the Arbitrator’s award specifies otherwise

Contact Us

If you have any questions, or you are unhappy with the service, we will appreciate your engagement and feedback. Kindly contact us on 020 2862000.