Terms of Service
Who is Pesawise
The types of Personal Information which we collect may include: your name; your photographic identification; details from your identity documents (such as driver license, passport), number of the document, date of issue and expiration, photographic identification, address etc.; your address; your phone number; your e-mail address; your IP address, Browser and Operating System information, geolocation details; your banking details including account numbers and payment card data; your date of birth; your employment details; your trades; and information on sources of your funds; and video footage identifying you. We will process your Personal Information only for the purpose(s) of providing to you the service(s) that you ask us to provide you, to satisfy the legal obligations stemming from regulatory obligations that arise from providing you the service(s) and our legitimate interest. Based on our legal obligations and legitimate interest we may request other documents for your identity verification and the sources of your funds confirmation for the purposes of money laundering and fraud prevention. To know more about it please see our AML/KYC and Anti-Fraud policies.
We may use your Personal Information for the following purposes: to allow you to open and operate an Account on the Platform; to enable you to complete Transactions on the Platform; if you contact us, to reply to your queries; to contact you via email or calls; to ensure security of your Account (for instance, if you make a request to disable 2-factor authentication on your account we can ask you to provide additional Personal Information to confirm your identity); to analyse use of our Sites; as required for regulatory purposes such as Tax, prevention of Money Laundering, prevention of Fraud, adherence to Company statistical reporting obligations etc.; to provide you with information about products and promotions that may be of interest to you, from ourselves and third parties, although only if you have specifically agreed to receive such information; for market research e.g. surveying our Users' needs and opinions on issues, such as our performance etc. Unless consented, your data for this purpose would be anonymised.
Children's personal data
Please note that our services are exclusively offered to registered business and individuals at least 18 years old. We do not process any Personal Information of children under this age. IP Addresses and related Information We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns and will not be used to identify any individual unless that same individual.
We use a browser feature known as a cookie, which assigns a unique identification to your computer. Cookies are typically stored on your computers hard drive. Information collected from cookies is used by us to evaluate the effectiveness of our Sites, analyse trends, and administer the Platform. The information collected from cookies allows us to determine such things as which parts of our Sites are most visited and difficulties our visitors may experience in accessing our Sites. With this knowledge, we can improve the quality of your experience on the Platform by recognising and delivering more of the most desired features and information, as well as by resolving access difficulties.
Disclosure of personal information
We may also share User's Personal Information with financial institutions, insurance companies or other companies in the case of a merger, divestiture, or other corporate re-organisation and notify you of such sharing of your information to be able to exercise any of your rights where applicable. We may also share Users' Personal Information with law enforcement or regulatory agencies, as may be required by law. In certain cases, we may not be able to inform you of such sharing of data due to legal restrictions. Any third party which receives or has access to Personal Information shall be required by us to protect such Personal Information and to use it only to carry out the services they are performing for you or for Pesawise, unless otherwise required or permitted by law. Such a third party, except for regulatory authorities, would be contractually bound to adhere to the same security and confidentiality policies as Pesawise and assume the same responsibilities as Pesawise.
International data transfers
Our contractors and affiliates are situated at different locations (including countries located outside Kenya and the EU) and we sometimes need to transfer your personal data to third countries to provide our services to you. We strive to ensure adequate level of your personal data protection wherever our contractor is located. Be sure we may transfer your Personal Information only in the following cases: if the country where we transfer your Personal Information to provides the adequate level of personal data protection (based on the relevant decision of European Commission (you may click here to see the list of such countries); if we take appropriate safeguards to ensure that your rights as data subject are protected; if any derogations for specific situations apply (for instance, if is such transfer is necessary for the establishment, exercise or defence of legal claims or for important reason of public interest).
You have the right to access your Personal Information and to require the correction, updating and blocking of inaccurate and/or incorrect data by sending an email to us at email@example.com or where possible, you can do these actions in your account profile page yourself. Upon your written request at firstname.lastname@example.org, we will inform you of the Personal Information relating to you that we hold and the use and general disclosure of your Personal Information. We will also give you a copy of the Personal Information we have retained. There may be a minimal charge for providing you additional copies of your Personal Information to cover administrative costs. You may also request the erasure of both the Account and Personal Information by sending an email to us at: email@example.com. PESAWISE will action your request, unless we have a legal or regulatory obligation or overriding legitimate interest to store your Personal Information (for instance, in cases you have performed transactions). You have the right to ask us to rectify information you think is inaccurate. You also have the right to ask us to complete information you think is incomplete. Moreover, you have the right to restrict and object to the processing of your personal data in certain circumstances.
You may also ask us to transfer your Personal Information to another controller of your choice. To ensure the confidentiality, integrity and availability of your information to yourself, we may request you to confirm your identity by providing identification documentation and/or other methods prior to assisting you in exercising any of your rights. If you refuse to prove your identity, we may decline to take actions in respect of your data, save restricting processing, until we can ensure that such actions are the true wish of the data subject. In the carrying out of our services we may use automated processing and profiling to reduce the risks of fraud, money laundering and abuse of our services. Through this automated processing, we carry out an analysis of your identification, transactional and behavioural patterns. We may not able to provide you with some or all our services if you do not wish this automated processing to be carried out. If you feel that this processing might be detrimental to you, please contact us on firstname.lastname@example.org, and our compliance officer will review your application. Please note, if you make a request, we have one month to respond to you.
We have implemented technical and organisational security measures to ensure the confidentiality, integrity and accountability of your Personal Information and to protect your Personal Information from loss, misuse, alteration or destruction. Such measures include: the pseudonymisation and TLS 1.2 encryption of personal data; 2-factor authentication; the access control; the ability to ensure the ongoing confidentiality, integrity, availability and resilience of our processing systems and services; the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident. Only authorised personnel of PESAWISE have access to your Personal Information, and these personnel are required to treat the information as confidential. Where you have consented to, or we are obliged to pass on Personal Information to third parties to provide you with a requested service or in the carrying out of a regulatory or legal obligation, we will request that the same levels of technical and organisational security measure be applied through contractual arrangements, where possible. We conduct testing, assessment and evaluation of our technical and organisational measures effectiveness on a regular basis. Technical and organisational security measures in place will, from time to time, be reviewed in line with legal and technical developments. In the event of a personal data breach or the failure of the measures of protection of such information we will immediately notify you without undue delay. Security Capabilities and Policy for Transmission of Payment Card Details Please note that our trusted payment service providers are PCI DSS compliant as well.
Retention of personal information
Disposal of personal information
Once we do not have any obligation to providing you with a service you requested, nor an obligation to hold Personal Information for regulatory or legal purpose, we will anonymise or dispose of your Personal Information in line with acceptable industry and security standards so that this cannot be subsequently retrieved and associated to you. Where we cannot directly remove such records, such as in archived backups, we will retain a log of which Personal Information should be removed if ever the backup data is restored.
We will ask you for your consent on registration or post-registration, by providing you the ability to check marketing preferences check boxes located within your account profile page to allow us to contact you or use your Personal Information for marketing purposes. We may also notify our existing Users on our own products or services similar to those we have already provided based on our legitimate interest. You have the right to retract the consent for us to process your Personal Information for marketing purposes. You can exercise your right to prevent such processing by unchecking marketing preferences check boxes on your account profile or by contacting us at any time on email@example.com
Our data protection officer
Fraud, phishing and email scams disclaimer
Please be notified that PESAWISE is not in any partnership with entities who represent themselves as customer support agents, providing customer support services via phone and/or social media and promise to help solve your issues for money. Remember - customer support is provided only via the PESAWISE website and is always provided free of charge. If you discovered what you believe is a fraud, phishing, or scam which impersonates Pesawise, please email us at firstname.lastname@example.org