Privacy Notice

Last updated 21 June 2019

At mTek services, we are committed to protecting your privacy and ensuring that your personal information is collected and used appropriately, lawfully and transparently. This privacy notice explains:


Who we are

mTek Services is an innovative Mobile Application - a platform which provides an entirely paperless ecosystem for the insurance industry. Our solution allows customers to purchase Insurance directly from the Insurer, file for claims directly from the convenience of their smart device thus increasing efficiency and can capture critical data on claims from geo-located accident scenes. We offer our customers paperless insurance in motor and health.


What personal information we collect

We collect certain personal information about you, including your name, address and phone number . We collect this information about you when you:


  • Use our website and secure online services
  • Contact us about products and/or services
  • Apply for and receive services
  • Visit insurance companies, agents or any other third party with an affiliation to us
  • Register to receive one of our newsletters.

The type of personal information we collect will depend on the purpose for which it is collected and will include:

 

  • Your contact details
  • Information to verify your identity

We collect personal information directly from you. For example, we ask for personal information at the start of our relationship (eg: when you want to download the app) and in subsequent communications in order to check your identity. This is a legal requirement and is important to help safeguard you and us against potential crime.

Where it is necessary we collect more sensitive information (such as financial and bank details information). If this is the case we will explain what information we require and why it is needed.


We may also collect information about you from other sources such as:

 

  • Your adviser
  • Another agent (if you have one)
  • external third parties (e.g.: to verify your identity)
  • from Cookies (Cookies are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the website owners. To learn more about information collected through cookies, please click here: (insert cookie policy link here)

We keep your personal information only as long as is necessary for the purpose for which it was collected, or for legal or regulatory reasons. Personal information will be securely disposed of when it is no longer required in accordance with our Personal Data Retention and Disposal Schedule.


How we use your personal information

We process your information for the following purposes.

 

To perform our contract with you and to support and maintain that relationship. This includes the following:

  • Assessing and processing an application for our services
  • Providing our products and/or services to you, including the management of our relationship with you and any other agent (if you have one)
  • Carrying out transactions you have requested.
  • Monitoring or recording telephone calls with you to resolve any queries or issues
  • Assessing your application for insurance products or services you may require (using automated decision making tools when necessary)
  • record keeping to ensure our products and/or services operate within the law and relevant regulatory requirements
  • Providing other services (eg: enhanced due diligence, underwriting, reinsurance, data hosting, online services, and payments or reporting of any tax or levy)
  • To comply with legal and regulatory requirements. These requirements include the following:
  • Confirming your identity for regulatory purposes
  • Detecting and preventing fraud, money laundering, terrorist financing, bribery or other malpractice.

For specific business purposes to enable us to provide you with appropriate products and services and a secure experience. Our business purposes include the following:


  • Verifying your identity for security purposes
  • Enhancing, modifying and personalizing our services for your benefit
  • Providing communications which we think will be of relevance to you
  • Customer satisfaction research or statistical analysis
  • Audit and record keeping purposes.
  • Enhancing the security of our network and information systems
  • Maintaining effective management systems including internal reporting to our parent company and other members of our corporate group
  • customer satisfaction research, statistical analysis and wider market research to capture the views and opinions of our customers

You have the right to object to us processing your personal data for the business purposes listed above.

 

Who we share your information with and why

We share your information with trusted third parties, who perform tasks for us and help us to provide our products and/or services to you, and with other agencies where required by law, court order or regulation. These include:


  • Other companies within the Insurance and Motor vehicle space
  • Your financial adviser, third party data providers used by your adviser and any other party authorized by you
  • Third parties who perform tasks for us to help us provide our services to you (these third parties may be based in other countries outside Kenya)
  • A third party to verify your identity, in line with money laundering or other requirements
  • Organizations, including the police and fraud prevention agencies, to prevent and detect fraud
  • regulatory or governmental agencies
  • A third party to conduct market research on our behalf, to help us improve and develop the products and services we provide to you and our other customers

 

How we keep your Information Secure

We are committed to ensuring the confidentiality of the personal information that we hold and we continue to review our security controls and related policies and procedures to ensure that your personal information remains secure.

When we contract with third parties, we require that they have appropriate security, privacy and confidentiality measures in place to ensure that personal information is kept secure.

If we work with third parties in countries outside Kenya, we ensure these are countries that confirmed have an adequate level of protection for personal information, or the third party receiving the personal data has provided adequate safeguards and agrees to treat your information with the same level of protection as we would.


Your rights

You have the right to ask us:


  • For a copy of the personal information we hold about you
  • To update or correct your personal information
  • To delete your information
  • To restrict processing of your personal information where appropriate
  •  

In certain circumstances you also have the right to:


  • Object to the processing of your personal information
  • Object to automated decision making and profiling
  • Data portability

Information about your individual rights, including how to correct, restrict, delete, or make changes to your personal information, can be found on our website

 

How to contact us

If you have questions about this notice, or need further information about our privacy practices, please contact our:


    Hillcroft Technologies Ltd.
      Hillcroft Brokerage Ltd.
      T/A mtek services
      The Westwood, 3rd Floor, Off Ring Road,
      Westlands, Nairobi, Kenya

 +254 (0) 800 720 137 (Call for free)

 besmarter@mtek-services.com

 www.mtek-services.com


If you wish to raise a complaint about how we have handled your personal data, you can contact our Data Protection Officer who will investigate the matter.


 

General Terms and Conditions

This agreement contains the complete terms and conditions related to your use of mTek Services Application provided to you by Hillcroft Technologies of P.O Box 57671-00100 Nairobi- (“HT”) and its affiliates and supersedes all other agreements entered into between you and HT. The Application includes all software, computer code, data and components of mTek services App provided by Hillcroft Technologies. These terms and conditions take effect on the date of publication. By participating in or continuing to use the mTek services App or accessing the mTek services website you shall be deemed to be making an affirmative statement of your acceptance of these terms and conditions.

 

Definitions

For purposes of this Agreement,

“Account” means your mTek services account being the record maintained by us on the Application

“Affiliates” means any corporation or other entity that HT directly or indirectly through one or more intermediaries’ controls or is controlled by or is under common control with a party.

“Currency” means any lawful form of money that is used in territories/countries where the Application is used.

“Data Charges” means data costs incurred by you and deducted by your mobile service provider.

“End User” means any person using HT services on the application

“mTek services App”, “mTek services Application”, “App” means the application operated by HT providing insurance services and the mTek services website.

“mTek services products and services” means any products and services provided to you by HT whether under this agreement or otherwise.

“Contact/Information Form” means the registration form containing registration details and your acceptance of these terms and conditions where one reports their claims or gives feedback.

“You” or “your” means the mTek services customer operating an account and who has registered on the Application

 

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License

Provided You comply with this Agreement, HT grants You a revocable, limited, non-transferrable, non-exclusive license to use the Application on any Phone or Tablet (Android or iPhone) that You own or control and as permitted by Usage Rules set forth in different Play Store Terms and Conditions as per the phone you are using.

 

Age Requirement.

This Application is available to users of all ages. However, if You are under the age of 18, You should review this Agreement with Your parent or guardian to make sure that You or Your parent or guardian understand the terms and conditions contained in this Agreement.

 

Disclaimer Warranty.

This Application is licensed "as-is," "with all faults," and "as available." You bear the risk of using the Application. HT, on behalf of itself, distributors of the Application, its licensors, network operators over whose network the Application is distributed, and each of their respective affiliates and suppliers, gives no express or implied warranties, guarantees, or conditions under or in relation to the Application, including, but not limited to, warranties of merchantability and fitness for a particular purpose. HT does not warrant that the functionality or operation of the Application will be uninterrupted or free from error, that any defects in the Application will be corrected, or that the Application or the server(s) that makes it available are free of viruses or other harmful conditions or components.

 

Information; Data Usage; Claims.

All information submitted by You or collected through this Application is the property of HT. This includes, but is not limited to, pictures and messages, information about Your device (for example, the device identifier, the advertising identifier, and the make and model) and its state, device application permissions, and vehicle and estimate information. HT may associate such information with your personal information that we collect or otherwise obtain in order to optimize Our online and mobile advertising programs. HT may also collect and store, or direct a third party to collect and store, information about the physical location of Your device by using, for example, wireless network, cell phone tower, and satellite signals. Such location information is approximate (based on factors such as obstructions, beacon orientation, and environmental surroundings) and may be combined with other information submitted by You or collected through the Application. This information may be used by HT and third parties to identify Your geographical location, to improve the Application, and to provide You with location-based content, including advertising for products and services. HT may use information You submit as part of any claim investigation or for any other insurance related or otherwise permissible purpose. Submission of information via this Application does not mean Your claim will be paid. Payment of Your claim is subject to all policy terms and conditions in addition to any applicable laws and regulations of Kenya.

 

Hillcroft Insurance Products.

HT may change the programs or products mentioned in this Application at any time without notice. Additionally, all insurance products referred to in this Application are subject to availability and qualifications. Product terms, conditions, and exclusions not described in this Application may apply.

 

Intellectual Property Rights: Ownership; Propietary Rights; Restrictions.

ALL intellectual property in this application is owned BY HT. The Application, including all text, graphics, user and visual interfaces, trademarks, logos, computer code, software, data, components, documentation and other content (collectively, the "Content"), is exclusively the property of HT and its licensors and is protected by copyright, trademark and other intellectual property laws. Therefore, any unauthorized reproduction, modification, distribution or republication of HT materials or intellectual property without the express prior written consent of HT and/or its affiliates is strictly prohibited. Except as expressly provided in this Agreement, no part of the Application or Content, in whole or in part, may be copied, reproduced, duplicated, sold, republished, reposted or otherwise distributed for public or commercial use.  You agree not to modify, port, translate or create derivative works of, or from, the Application.  You further agree not to decompile, disassemble, reverse engineer or otherwise attempt to derive, reconstruct, identify or discover any source code, underlying ideas, or algorithms from the Application.  The use of third-party trademarks therein is intended to denote inter-operability and does not constitute: (i) an affiliation by HT and its licensors with such company, or (ii) an endorsement or approval of such company of HT’s partners and its licensors and its products and services.

 

Links to other Web Sites.

This Application or website may contain links to other web sites. HT provides links to other sites as a convenience to persons who use the Application. HT is not responsible for examining or evaluating the content or accuracy of any such third-party material or web site. HT does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or web sites, or for any other materials, products, or services of third parties. If You choose to use the services provided by those sites, you may be asked by those sites to provide certain personally identifiable information (some of which may, on an individual or aggregated basis, be shared with HT). Please be aware that HT is not responsible for the privacy practices of those sites, even though HT's name or logo may appear on those sites. We encourage You to be aware when You leave Our Application. You should read the privacy policies of each web site that You visit, as the privacy policies of those sites may differ from Ours.

 

Limitation of Liability.

To the extent permitted by law, HT and its licensors disclaim liability, whether based in contract, tort, negligence, strict liability or otherwise, for damages of any kind (including, but not limited to, direct, indirect, incidental, consequential, special, punitive and exemplary damages) in any way arising out of or in connection with the Application, service interruptions, delays in operation or transmission, or third-party access to personal information input in or collected through the Application, even if HT and its licensors have express knowledge of the possibility of such damages. HT and its licensors have no responsibility, and will in no way be held liable, for the security of the End User’s mobile device. You agree not to seek to recover any damages, including consequential, lost profits, special, indirect or incidental damages from Monarch, its licensors, or any distributor of the Application.

 

Support Services.

The Application is provided "as is." Neither HT, its suppliers, distributors of the Application, Your device manufacturer, nor Your network operator are responsible for providing maintenance or support services for the Application.

 

DISPUTE RESOLUTION & GOVERNING LAW.

  1. This Application is controlled, operated and intended for use only in the Republic of Kenya. We do not represent that materials in this Application are appropriate or made available for use outside of the Republic of Kenya. This Agreement shall be governed by and interpreted according to the law of the Republic of Kenya.
  2. You may contact mTek services customer care (+254 (0) 800 720 137) or email (besmarter@mtek-services.com ) any disputes, claims or to report account discrepancies. mTek services customer care shall handle the report in accordance with HT’s standard complaint handling procedures
  3. Any dispute arising out of or in connection with this agreement that is not resolved by the operations manager shall be referred to arbitration by a single arbitrator appointed jointly by both parties or in default of such agreement within 90 days of the notification of a dispute, upon the application of either party, by the Chairman for the time being of the Chartered Institute of Arbitration (Kenya Chapter).Such Arbitration shall be conducted in English in Nairobi in accordance with the rules of Arbitration of the said Institute and subject to and in accordance with provisions of the Arbitration Act 1995 as modified and revised or any succeeding statute.
  4. To the extent permissible by Law, the determination of the Arbitrator shall be final, conclusive and binding upon the parties hereto.
  5. Nothing in this section shall be deemed to exclude any legally recognized dispute resolution body from receiving, hearing and determining the dispute.

 

Severability

If any provision of this Agreement is held invalid, void or unenforceable, then that provision is considered severable from the remaining provisions, and the remaining provisions shall remain in full force and effect. HT’s failure to enforce any right or provision in this Agreement will not constitute a waiver of such provision, or any other provision in this Agreement.

 

Force Majure

Neither party shall be reliable to the other party for any delay or failure to perform its obligations under these terms and conditions as a result of revolution or civil disorders, belligerent aggression by enemy strikes; lack of available resources from persons other than parties to this agreement; Labour disputes, electrical equipment or application availability delay or failure; fires; floods; acts of God; government or regulatory intervention; or without limiting the foregoing; any other causes not within its control, and which by the exercise of reasonable diligence it is unable to prevent, whether of the class of causes hereinbefore enumerated or not. If such delay or failure continues for at least 90 days then either party may terminate their engagement by notice in writing to the other.

 

GENERAL

  1. You acknowledge that these terms and conditions are subject to amendment, modification or variation from time to time if required by, or found to be in conflict with applicable law or regulation or otherwise without affecting the validity or enforceability of the remaining provisions
  2. These terms and conditions constitute the entire agreement between the parties with respect to the subject matter hereof.
  3. mTek services reserves the right, in its discretion, to modify or change this Agreement at any time without prior notice to You. Your continued use of the Application following the posting of any changes to the Agreement constitutes acceptance of those changes. You may incur data charges when using this Application
  4. This agreement does not change or amend in any way the Usage Rules set forth in the App Store Terms and Conditions.
  5. If you access any internet-based services via links in the application or website, your use of those services will be subject to both this agreement and any separately provided terms of use and privacy statement on such web site

 

MISCELLANEOUS.

You agree to comply with all local, state, and national laws, statutes, ordinances, and regulations that apply to Your use of the Application.