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1. Introduction

Hypermax Digital Limited ("Hypermax", "we", "our", or "us") is a company incorporated in Kenya and provides online advertising and digital marketplace services through its website www.kenyausedcars.com, enabling individuals to advertise and sell their used motor vehicles online.

We are committed to protecting the privacy and personal data of our users in accordance with:

  • Article 31 of the Constitution of Kenya, 2010;

  • The Data Protection Act, 2019 of Kenya ("DPA"); and

  • Applicable regulations and guidelines issued by the Office of the Data Protection Commissioner (ODPC).

This Privacy Policy explains how we collect, use, disclose, store, and protect personal data.

2. Definitions

Terms used in this Privacy Policy shall have the meanings assigned under the Data Protection Act, 2019, including but not limited to: personal data, data subject, data controller, data processor, processing, and consent.

3. Scope of this Privacy Policy

This Privacy Policy applies to:

  • Visitors to www.kenyausedcars.com;

  • Individuals who create accounts or post vehicle listings on our platform;

  • Individuals who contact us or interact with our services.

4. Personal Data We Collect

We may collect the following categories of personal data:

4.1 Personal Identification Data

  • Full name

  • National ID or passport number (where required for verification)

  • Telephone number

  • Email address

4.2 Vehicle and Listing Information

  • Vehicle registration details

  • Vehicle images

  • Vehicle description, price, and location

4.3 Technical and Usage Data

  • IP address

  • Device and browser information

  • Website usage data (via cookies and analytics tools)

4.4 Communication Data

  • Messages sent through our website

  • Customer support inquiries

5. Purpose of Processing Personal Data

We process personal data for the following purposes:

  • To create and manage user accounts;

  • To publish and manage vehicle advertisements;

  • To facilitate communication between sellers and prospective buyers;

  • To provide customer support;

  • To improve website functionality and user experience;

  • To comply with legal and regulatory obligations;

  • To prevent fraud and ensure platform security.

6. Legal Basis for Processing

We process personal data on the following lawful bases under the DPA:

  • Consent of the data subject;

  • Performance of a contract or steps taken prior to entering into a contract;

  • Compliance with a legal obligation;

  • Legitimate interests pursued by Hypermax, provided such interests do not override the rights and freedoms of the data subject.

7. Cookies and Tracking Technologies

We use cookies and similar technologies to enhance user experience, analyze traffic, and improve our services. Users may control cookie preferences through their browser settings.

8. Disclosure of Personal Data

We may disclose personal data:

  • To service providers and partners acting as data processors under written agreements;

  • To regulatory authorities or law enforcement agencies where required by law;

  • With user consent, to prospective buyers contacting sellers through the platform.

We do not sell personal data to third parties.

9. Cross-Border Data Transfers

Where personal data is transferred outside Kenya, Hypermax shall ensure that adequate safeguards are in place in accordance with the Data Protection Act, 2019.

10. Data Retention

Personal data shall be retained only for as long as necessary to fulfil the purposes for which it was collected or as required by law, after which it shall be securely deleted or anonymized.

11. Data Subject Rights

Data subjects have the right to:

  • Be informed of the use of their personal data;

  • Access their personal data;

  • Object to the processing of their personal data;

  • Request correction of inaccurate or misleading data;

  • Request deletion of false or misleading data;

  • Data portability;

  • Withdraw consent at any time.

Requests may be submitted using the contact details below.

12. Data Security

We implement appropriate technical and organizational measures, including access controls and encryption, to protect personal data against unauthorized access, loss, or misuse.

13. Data Breach Notification

In the event of a personal data breach, Hypermax shall notify the Office of the Data Protection Commissioner and affected data subjects in accordance with the Data Protection Act, 2019.

14. Contact Information

For any questions, complaints, or requests regarding this Privacy Policy or personal data, please contact:

Data Protection Officer

Hypermax Digital Limited

Email: hypermaxdigital@gmail.com

15. Policy Review

This Privacy Policy may be updated periodically. Any changes will be posted on our website.