Marketing Services Privacy Notice | Kenya
TransUnion Kenya
Last revised: 22 September 2022
Version 1.0
© 2022 TransUnion LLC
All Rights Reserved
No part of this publication may be reproduced or distributed in any form or by any means, electronic or otherwise, now known or hereafter developed, including, but not limited to, the Internet, without the express written permission of TransUnion. This document is protected by U.S. and International copyright laws. This document and the subject matter contained herein is TransUnion proprietary and confidential information, and may not be shared or used for any purposes other than the purpose for which it was provided by TransUnion, without the express written permission of TransUnion. By using this document, you are agreeing that you will not attempt, directly or indirectly, to reverse engineer, decompile, or disassemble any TransUnion services or service information, any confidential or proprietary criteria developed or used by TransUnion relating to services you receive from TransUnion, or any of the TransUnion confidential and proprietary information contained herein. The entire right, title and interest in and to this document and TransUnion services, and all copyrights, patents, trade secrets, trademarks, trade names, and all other intellectual property rights associated with any and all ideas, concepts, techniques, inventions, processes, or works of authorship including, but not limited to, all materials in written or other tangible form developed or created by TransUnion, shall at all times vest exclusively in TransUnion. You acknowledge that any misuse, misappropriation or threatened misappropriation of TransUnion’s intellectual property rights, or any breach or threatened breach of the foregoing restrictions, may cause immediate and irreparable injury to TransUnion, and in such event, TransUnion shall be entitled to seek injunctive relief. Nothing stated herein will be construed to limit any other remedies available to TransUnion including, but not limited to suspension and/or termination of the services provided to you.
Requests for permission to reproduce or distribute any part of, or all of, this publication should be mailed to:
Law Department
TransUnion
Delta Corner Annex, 2nd Floor, Ring Road,
Westlands, Nairobi.
The “tu” logo, TransUnion, and other trademarks, service marks, and logos (the “Trademarks”) used in this publication are registered or unregistered Trademarks of TransUnion LLC or their respective owners. Trademarks may not be used for any purpose whatsoever without the express written permission of the Trademark owner.
Table of contents
- Who we are and how to contact us
- How we use personal information
- Where we get personal information
- How long we keep personal information
- Our legal basis for handling personal information
- Who we share personal information with
- Where we store and send personal information
- Your rights concerning personal information
- Where to lodge a complaint
Introduction
This privacy notice provides information about how we use and share consumers' personal information for our clients' marketing purposes.
1. Who we are and how to contact us
Information for Good®
We're in an era of rapid digital transformation where consumers demand more access to seamless, personalised products and services online. But the currency of personal data that fuels this platform economic boom poses threats to individuals and endangers corporate security.
Now more than ever — and likely more so in the future — consumers and corporates need new levels of trust and transparency.
As a global information and insights company, TransUnion seeks to make trust possible in global commerce. We do this by curating a robust and actionable picture of each consumer so they're reliably represented in the marketplace. This enables businesses and consumers to transact with confidence and achieve great things. We call this Information for Good®.
We’re a company with registered offices at Delta Corner Annex, 2nd Floor, Ring Road, Westlands, Nairobi. Although we’re part of a larger group, this notice covers only the activities of TransUnion within the Republic of Kenya.
Contact details
Contact us about personal information issues, including the contents of this notice via:
- Post: TransUnion P.O Box 46406-00100 Nairobi
- Telephone: TransUnion Contact Centre: +254 768262495, +254 768617074, +254 768253748, +254 706565285
2. How we use personal information
You can find more detail about the personal information we might use for these purposes in Section 3 below.
Direct marketing
If you give your consent, or law permits it, we may use your personal information for direct marketing purposes. We may access, use, process and analyse personal information provided by you — as well as your consumer credit information, Internet information and marketing data — to provide personalised offers from TransUnion and our trusted partners.
Opting out
Suppose you no longer want to receive such communications. In that case, you can opt-out by responding to the newsletter and asking to be unsubscribed, or calling our customer service department and asking to be taken off the list. Alternatively, you can go to transunion.co.za, log in as a subscriber, click on your "profile" link, go to "My Settings", and de-select the Emails and Special offers opt-in box.
Digital marketing
Our digital marketing services enable our business partners to communicate with consumers about relevant products and services. These businesses use our data and technology to devise, create, deploy and measure targeted advertising programs. We also aggregate and depersonalise data for analytical purposes to provide statistical reporting and performance measurements.
Market research
If you choose to take part in market research, we may use your information to improve our products and services. If we engage third parties to assist, they can use non-personal, aggregated data — but they use all personal information for our research purposes only.
Consumer engagement
With your consent, we may use your personal information to present additional products, services and special offers from our affiliates and marketing partners. We may also share basic information — name and email address — with third parties to fulfil your request.
Our third-party email processor may use action tags (also known as single-pixel GIF or web beacons) to collect anonymous information on your use of the TransUnion Site in connection with the email registration program.
If you do not register your ID Number, we will not collect any personal information while you visit TransUnion Site.
Client data enhancement
Some TransUnion clients provide data collected under their separate privacy notices and ask us to enhance it. Here, our client is responsible for ensuring the personal information is used fairly and lawfully. You can refer to their privacy notices for details on the data they collect, what they use it for, and how to exercise your rights.
Development and testing
We sometimes use personal information while improving, developing, monitoring, maintaining and testing our products, systems and security measures. Where possible, we create pseudonyms, anonymity or aggregate the data beforehand.
Consumer queries
We will sometimes use your personal information to help deal with your enquiry, and for legal and regulatory purposes.
Legal compliance with laws and regulations
We only access, use and disclose personal information without consent in exceptional circumstances where necessary to:
- Comply with the law or a legal process served on us
- Comply with requests for information from police or government authorities
- Protect and defend our rights or property (including the enforcement of agreements)
- Protect matters of public interest
- Act in urgent circumstances to protect the personal safety of our employees or members of the public
- To protect the interests of the data subject
We apply the above in terms of the Credit Reference Bureau Regulations 2020, the Data Protection Act No. 24 of 2019 and other relevant national legislation.
3. Where we get personal information
We get personal information directly from our business partners, suppliers, clients, site visitors, and customers signing up for any of our products or services.
There are various types and categories of personal information we gather, including:
- Marketing — consumer, household, business, non-personal aggregated information, and advertising program performance data
- Demographic — age, gender, income, occupation, education and marital status
- Life events — a recent move or home purchase
- Public records — census data, geographic data, property data from local tax assessor and recorded deed information
- Firmographic — type of business, years in business, size of business and job titles
4. How long we keep personal information
We keep personal information for as long as we handle your request and for an additional period after completion — as determined by:
- Demonstrating appropriate processes are in place to deal with enquiries, requests and complaints, and that we’re doing so fairly and under our regulatory requirements
- Responding to requests from you or a regulator to explain how we dealt with a request and to show we dealt with it properly
- Defending potential legal claims or regulatory action resulting from the request
5. Our legal basis for handling personal information
This section explains the basis on which we process your personal marketing information.
Legitimate interests
The Data Protection Act No. 24 of 2019 allows the use of personal information where necessary for legitimate purposes, provided this does not outweigh the impact it has on you. We base most of our processing activities on the legitimate interest’s condition.
The legitimate interests we are pursuing are:
Interest | Explanation |
Commercial interests: | Earning revenue through the products and services we provide to our customers and clients. |
Improving the accuracy of marketing materials: | Removing out-of-date contact details and providing up-to-date contact details where possible. |
For more details, refer to the relevant privacy notices in the links above.
6. Who we share personal information with
Clients and resale partners
Our clients have privacy notices that provide more information about how they use the data we supply. These clients typically operate in the following sectors:
- Banking
- Micro finance
- Sacco societies
- FinTechs or digital Lending
- Commercial
- Insurance
- Telecommunications
- Financial services
- Public sector
- And any other sector as may be approved by the Central Bank of Kenya from time to time
If our clients appoint an intermediary to act on their behalf, they too will receive the data. We also appoint data resale partners to distribute our data to third parties.
Service providers
Our clients and we may provide your information to third parties who help us achieve the purposes described in section 2. For example:
- Third parties may host our databases of personal information
- Printing companies produce and send direct mail or other correspondence
- Market research companies help us better understand our customers
- Cloud-based technologies, such as Microsoft Office 365, support our ordinary business operations
These service providers cannot use your information for their purposes or on behalf of other organisations unless you agree otherwise.
7. Where we store and send personal information
We access and use your information from our base in Kenya. We will not transfer personal information to a country lacking laws that provide an adequate level of information protection — unless we have an agreement with the recipient requiring measures that offer a similar level of protection as the Data Protection Act No. 24 of 2019 in Kenya.
8. Your rights concerning personal information
We outline your rights regarding the personal information we hold about you below.
Access: Refer all data access requests to us via info@transunion.com or DPO_KE@transunion.com.
Correction/Destruction/Deletion: If the information we hold about you is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or obtained lawfully, you have the right to ask us to correct or delete it.
Objection to processing: You may object (on reasonable grounds) to processing your personal information unless legislation provides for such processing.
Objection to direct marketing: You may object to us using your personal information for direct marketing, and if you do, we will stop.
To find out about exercising these rights, please contact us on TransUnion Contact Centre: +254 742 258478, +254 768 617074, +254 768 253748, +254 768 262495, +254 706 565285
9. Where to lodge a complaint
We strive to deliver the highest levels of customer service. However, if you're ever unhappy with us, please contact us so we can investigate.
- Post:O Box 46406-00100 Nairobi
- Telephone:+254 768262495, +254 768617074, +254 768253748, +254 706565285
You can also contact our Data Protection Officer at DPO_KE@transunion.com
You may complain to the Information Regulator:
- Email: info@odpc.go.ke
- Post: P.O Box 30920-00100, Nairobi