Our Privacy Policy
Welcome to our SHIFTENANT. If you continue to browse and use this app, you are
agreeing to comply with
and be bound by the following terms and conditions of use, which together with our ‘Privacy
Policy’, Shiftenant. (ST) relationship with you. The term “Shiftenant.” (or
“ST”/“us”/“we”) refers to the owner of the app. The term “you” refers to the user or viewer of
our app.
Privacy Policy
Introduction
1.1. The ST (hereinafter referred to as ‘Application’) provides a platform to easily manage
tenants and properties and acts as a marketing point for both parties
to conduct transactions.
1.2. The general terms and conditions shall apply to owners,agents and landlords on
the platform and shall govern the use of the Application and related services;
1.3. If You use our platform during a business or other organizational project, then by doing
so you confirmed that you have obtained the necessary authority to agree to these general terms
and conditions and hence bind both yourself and the person, company or other legal entity that
operates that business or organization and conditions.
Personal Information
2.1. The Application will require the submission of Personal Information when registering and
posting content on the platform. The personal information required may be;
- Other Demographic or Location Information
- Name
- Credit or Debit Card Information
- Email Address
- Phone Number
2.2. Personal Information may also be collected, or your IP Address logged when you login into
our Application. Your IP information allows us to understand how you use our Application and
enables us to make changes to our Application in order to improve your experience. Information
regarding your computer/phone, your connection to our Application such as your browser type,
operating system and platform and your user history including but not limited to your session
information, page errors and the length of your visits to specific sites within our Application
may also be collected.
The Data We Collect About You
3.1. We collect your personal data in order to provide and continually improve our
services.
3.2. We may collect, use, store and transfer the following different kinds of personal data
about you:
3.2.1. Information you provide to us: We receive and store the information you provide to us
including your identity data, contact data, marketing data and financial data.
3.2.2. Information on your use of our website and/or mobile applications: We automatically
collect and store certain types of information regarding your use of the Shiftenant
marketplace including information about your searches, views, downloads, uploads, purchases and
sales.
3.2.3. When you download or use apps created by us or our subsidiaries, we may receive
information about your location and your mobile device, including a unique identifier for your
device. We may use this information to provide you with location-based services, such as
advertising, search results, and other personalized content.
Registration
The registration will be completed by clicking ‘JOIN’, ‘CONTINUE’, ‘SIGN UP’ OR ‘SIGN IN’. By
clicking on the options above the registration form will be completed and submitted.
Contractual Relationship
5.1. The contractual relationship is established by clicking ‘JOIN’, ‘JOIN NOW’, ‘CONTINUE’,
‘SIGN UP’, ‘SIGN IN’ or similar, registering, accessing, or using our services (described
below), you are agreeing to enter a legally binding contract with Shiftenant (even if you
are using our Services on behalf of a company).
5.2. If you do not agree to this contract (“Contract” or “User Agreement”), do not click “Join
Now” (or similar) and do not access or otherwise use any of our Services. These Terms of Use
(“Terms”) govern the access or use by you, an individual, from within any country in the world
of applications, websites, content, products, and services (the “Services”).
Setting Up User Accounts
6.1. We allow users to set up personal accounts on our application or to participate in our
online services.
6.2. You can edit the information you provide at any time and may delete your account at your
convenience.
6.3. Unless we are required to respond to court orders or comply with Kenyan Law or any other
law applicable, we will use our best efforts to ensure that unauthorized third parties do not
access your user account information.
6.4. You are responsible for ensuring that all Personal Information you provide on the website
is maintained and kept current.
6.5. In addition, the User may “opt-in” to receive newsletters, promotional offers and other
useful information from us.
Retention of Information
7.1. 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.
7.2. 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.
7.3. 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 unauthorised 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, the need to comply with our internal
policy and the applicable legal, regulatory, tax, accounting, or other requirements.
7.4. Anonymized information that can no longer be associated with you may be held indefinitely.
Disclosure of Information
8.1. It is our policy not to disclose, sell or rent your Personal Information to any
individual, business, government entity or outside parties except:
- To provide products or services you've requested through us;
- In response to a validly issued court order, or other legal processes;
- When necessary, to establish or exercise our legal rights or defend against legal action;
or
- Where you request us to do so. From time to time, we may use return email addresses to
answer the email we receive from you. Such addresses are not used for any other purpose.
8.2. We collect and use IP addresses to analyse trends, administer the site, track user
movement, and gather broad demographic information for reporting and sponsorship purposes. From
time to time, we may use this information to better design our website and to share with select
advertising partners, sponsors, and/or affiliates however IP addresses are not linked to
Personal Information.
WITH WHOM WE SHARE YOUR PERSONAL DATA
9.1. We share information with third parties that help us operate, provide, improve, integrate,
customize, support, and market our Service. We may share some sets of personal data, in
particular, for purposes and with parties indicated in Section 8 of this Privacy Policy. The
types of third parties we share information with include, in particular
9.1.1. Service providers; We share personal data with third parties that we hire to provide
services or perform business functions on our behalf, based on our instructions. We may share
your personal information with the following types of service providers:
- cloud storage providers
- payment processing service providers
- marketing service providers
- data analytics providers
- marketing partners (in particular, social media networks, marketing agencies, email delivery
services; such as Facebook, Google, etc)
9.1.2. Law enforcement agencies and other public authorities We may use and disclose personal
data to enforce our terms of use to protect our rights, privacy, safety, or property, and/or
that of our affiliates, you or others, and to respond to requests from courts, law enforcement
agencies, regulatory agencies, and other public and government authorities, or in other cases
provided for by law.
Termination of Clauses
10.1. The user account can be terminated at any time through the account management page. If
you wish to terminate this contract, at any time you can do so by closing your account and no
longer accessing or using our Services.
10.2. We further reserve the right to suspend or terminate your account, or your access to the
Service, with or without notice to you, in the event that you breach these Terms.
Encryption
11.1. All user account pages are protected with secure socket layer ("SSL") encryption. All
user accounts must be accessed with usernames and passwords. You are advised not to share your
username and password with any other person.
11.2. the User is further under obligation to notify Us of any unauthorized or unaccounted or
suspected unauthorized use of the account or any other breach of security. We cannot and will
not be liable for any loss or damage arising from your failure to comply with the above
requirements.
Indemnification
12.1. You hereby indemnify us, and undertake to keep us indemnified, against:
- a. any and all losses, damages, costs, liabilities and expenses (including without
limitation legal expenses and any amounts paid by us to any third party in settlement of a
claim or dispute) incurred or suffered by us and arising directly or indirectly out of your
use of our marketplace or any breach by you of any provision of these general terms and
conditions or the Shiftenant codes, policies or guidelines; and
- b. any VAT liability or other tax liability that we may incur in relation to any sale,
supply or purchase made through our marketplace, where that liability arises out of your
failure to pay, withhold, declare or register to pay any VAT or other tax properly due in
any jurisdiction.
Our Use of Cookies and Other Technologies
13.1. We use technologies like cookies and pixel tags to provide, improve, protect and promote.
13.2. Cookies are electronic identifiers that are transferred automatically to your computer
/phone through your browser that allow our computers to save certain information you provide us
and store information about you so we can recognize you when you visit our website in the
future. This allows you to avoid logging in more than once, which saves time and create a
customized website/app that fits your needs.
13.3. Cookies also allow us to distinguish you from other users of our website and mobile
applications, which helps us to provide you with an enhanced browsing experience. For example,
we use cookies for the following purposes:
13.3.1. Recognizing and counting the number of visitors and assessing how visitors move around
the site when they are using it (this helps us to improve the way our website/app works, for
example by ensuring that users can find what they are looking for).
13.3.2. Identifying your preferences and subscriptions e.g. language settings, saved items,
items stored in your basket and Prime/Premium membership; and
13.3.3. Sending you newsletters and commercial/advertising messages tailored to your interests.
13.4. Our approved third parties may also set cookies when you use our marketplace. Third
parties include search engines, providers of measurement and analytics services, social media
networks and advertising companies.
13.5. You may, at any time, disable or refuse to accept cookies by changing the preferences or
settings on your web browser. If you choose to disable cookies, you will still be able to use
our website. However, you will not be able to fully take advantage of certain automation and
other functionality features available.
Jurisdiction and Restriction
14.1 The website/app is a property of Shiftenant. It contains information on Resurface
Media Application and its other entities including the Company. The Company controls and
maintains the App from Kenya. The materials and information contained in the App all relate to
Kenya ONLY.
14.2 Furthermore these terms and conditions are governed by and construed in accordance with
the Laws of Kenya and any dispute relating thereof shall be subject to the non-exclusive
jurisdiction of the courts of Kenya.
14.3 Incase of any disputes arising they may refer such a dispute to an Arbitrator or a
Mediator that shall be appointed by the Law Society of Kenya Chairman. The Arbitration or
Mediation procedures shall be governed by the Governing Laws of Kenya.
CopyRights and Trademarks
15.1. Subject to the express provisions of these general terms and conditions:
a. we, together with our licensors, own and control all the copyright and other intellectual
property rights in our website/app and the material on our website; and b. all the copyright and
other intellectual property rights in our website and the material on our website are
reserved.
15.2. Shiftenant’s logos and our other registered and unregistered trademarks are
trademarks belonging to us; we give no permission for the use of these trademarks, and such use
may constitute an infringement of our rights.
15.3. The third party registered and unregistered trademarks or service marks on our website
are the property of their respective owners and we do not endorse and are not affiliated with
any of the holders of any such rights and as such we cannot grant any license to exercise such
rights.
Your Legal Rights
16.1. It is important that the personal data we hold about you is accurate and current. Please
keep us informed if your personal data changes during your relationship with us.
16.2. Under certain circumstances, you have rights under data protection laws in relation to
your personal data, including the right to access, correct or erase your personal data, object
to or restrict processing of your personal data, and unsubscribe from our emails and
newsletters.
Data Privacy
Owners, Landlords and Agents shall be directly responsible for any misuse of their personal data
and Shiftenant shall bear no liability to buyers in respect of any misuse by landlords of
their personal data.