Welcome to our Privacy Notice.
Your privacy is critically important to us.

This privacy notice describes how Optiven protects the personal data it processes, why and how we collect and use your personal data and how you can exercise your rights in relation to the processing of your personal data.

This privacy notice should be read together with the Terms and Conditions of Use for other OPTIVEN products. Where there is a conflict, this privacy notice will prevail.

  1. Definitions
  • “OPTIVEN,” “We,” “our,” “ours,” and “us,” means Optiven Limited and includes its successors in title and assigns.
  • “Personal data” or “personal information” means: Information about you or information that identifies you as a unique individual, such as your name(s) and surname combined with your physical address, contact details and/or identity card/passport number.
  • “Processing” collectively means collecting, using, altering, merging, linking, organizing, disseminating, storing, protecting, retrieving, disclosing, erasing, archiving, destroying, or disposing of your personal information.
  • “Sensitive personal information” includes data revealing your race, ethnic social origin, family details including details of your children, parents, spouse or spouses, sex or sexual orientation.
  • “You” means:

Customer who is interested in purchasing any of our properties or purchases any of our properties and their personal representatives and assigns. “Customer” shall include both the masculine and the feminine gender as well as juristic person.

Any contractor/sub-contractor or third party who gains access to any OPTIVEN premises.

Any supplier/service provider who has been contracted by OPTIVEN and/or signed a service level agreement with OPTIVEN.

Any external advocate who has been contracted by OPTIVEN and/or signed a contract for service with OPTIVEN.

The word “includes” means that what follows is not necessarily exhaustive and therefore the examples given are not the only things/situations included in the meaning or explanation of that text.

  1. Collection of Personal Data

OPTIVEN will only collect personal data about you insofar as is necessary to achieve the purposes set out in this privacy notice. Personal information may be given to or collected by OPTIVEN in writing as part of a written application form, via telephone, email, WhatsApp or accessing our website (www.optiven.co.ke) or AMANI chatbot.

OPTIVEN will collect your personal information when you do any of the following:

  1. Visit, access or use any of our online platforms/websites.
  2. Ask OPTIVEN for more information about a property or contact OPTIVEN with a query or a complaint;
  3. When you visit, access any of OPTIVEN buildings/ premises;
  4. Where you’ve been identified as a next of kin by our customer or employee;
  5. Where you have applied for employment at OPTIVEN;
  6. Attend an event sponsored by OPTIVEN;
  7. Make an application to OPTIVEN or interact with us as a supplier so as to enter into a contractual obligation with OPTIVEN;
  8. Subscribe to any of our online services, Short Message Service (SMS), email or social media platforms;
  9. Respond to or participate in a survey, marketing promotion, prize competition or special offer;
  10. When you make an application or engage with OPTIVEN Foundation as a beneficiary in any of our programs.

These examples are non-exhaustive, which is reflective of the varied nature of the personal information we may collect.

  1. What Information is collected?

From individuals who are our customers and prospective customers, or are representatives of customers and prospective customers, we may collect personal information that includes but is not limited to the following:

  • Your identity information, including your name, identity document type and number, KRA pin, photograph, nationality, country of residence, contact details such as phone number & e-mail when you call us or interact with us.
  • Your transaction information when pay for our projects.
  • Your preferences for particular projects based on information provided by you or from your use on our website.
  • Video recordings using Closed Circuit Television (CCTVs). CCTVs are installed within OPTIVEN office premises to provide a safe and secure environment as a part of our commitment to security and crime prevention. For further information click here to access our CCTV policy
  • We maintain a register of visitors in which we collect and keep your personal data such as names and phone number. This information is collected for health, safety and security purposes.
  • We collect and retain your personal data (name and vehicle registration details) when you request for a parking space in any of our OPTIVEN premises. We use the data you provide to ensure effective car park management, health and safety compliance, for security purposes and inventory management.
  • Information you provide to us for the purposes of attending events organized by the company and meetings.
  • When you would like to purchase any of our projects and hold the same in trust for a minor, we may collect the minor’s name, date of birth and birth certificate number. We will only process such data where parental or legal guardian consent has been given. We will also ensure that the processing of such data will be done in a manner that protects and advances the rights and best interests of the child.
  1. Related Legal Entities

Corporate entities and clients form part of our client base. These legal entities are not data subjects (i.e., natural persons to whom personal information relates). However, as part of our engagement with these clients, we may receive the following personal information which may include but is not limited to:

  1. Company certificate of incorporation.
    2. KRA personal identification number (PIN) of the company.
    3. Postal and business address of the company.
    4. Contact details of the company such as telephone number and email address.
    5. Director’s National Identity Cards
    6. Director’s KRA personal identification numbers (PIN).
    7. Director’s passport photos.

These examples are non-exhaustive, which is reflective of the varied nature of the personal information.

  1. Mailing lists

We also collect information to enable us improve the customers experience and market our projects, which may be of interest to you. For this purpose, we collect:

  • Name and contact details.
  • Projects that interest you.
  • Additional information may be collected, such as events you attend and if you provide it to us.
  1. Use of Personal Data

This privacy notice aims to give you complete and transparent information on how OPTIVEN processes your personal data. We are committed to ensure that your personal information is processed in a way that is compatible with the specified, explicit, and legitimate purpose of collection.

Where personal data relates to a child, we will process the personal data only where parental or legal guardian consent has been given. The processing of such
data will be done in a manner that protects and advances the rights and best interests of the child.

We may use personal data provided to us for any of the following purposes but are not limited to:

  • To perform our obligations under a contractual arrangement with you.
  • Creating a record of you on our system for us to successfully transfer ownership of the property to your name.
  • Communicate with and keep you informed about the properties you have expressed interest in.
  • Responding to any of your queries or concerns. We may record or monitor telephone calls between us so that we can act on any instructions or queries made and to make sure that we are meeting our service standards.
  • Further processing for research, survey and other scientific or business purposes where the outcomes will not be published in an identifiable format.
  • In business practices including quality control, training and ensuring effective systems operations.
  • To understand your preference.
  • To develop or improve our properties.
  • To comply with any legal, governmental, or regulatory requirement or for use by our advocates in connection with any legal proceedings.
  • Keeping you informed about our new projects
  • Contacting you with offers or promotions based on the projects you have invested in unless you opt out of receiving such marketing messages, e-mails and calls (you may contact OPTIVEN at any time to opt out of receiving marketing messages).
  • For surveillance and security purposes when accessing any of OPTIVEN buildings/premises; and
  • Where you attend an event sponsored by OPTIVEN, we will be taking photos and videos of the event for commercial purposes. You have the right to request for photos and videos not to be taken by putting on a green band from the pavilion. No photographs of minors will be taken without the express consent of their legal guardian. By allowing us to take videos and photos, you waive your right to compensation, and release any claims relating to the use of the recorded media of you. If you would like us to delete any image or video, kindly request for a data erasure form from the pavilion or send an email to dpo@optiven.co.ke.
  • Where you have applied for employment at OPTIVEN, we create an employment record of you including full names, ID numbers, contact details, physical area of residence and next of kin on our system to facilitate continuous monitoring during your employment with us.
  • Where you are a supplier to OPTIVEN, we process your personal information for due diligence, risk assessment, administrative and payment purposes.
  1. Transfer of Personal Data

OPTIVEN may transfer your personal information for the purpose of actualizing our contractual obligations with you for purposes set out in this privacy notice.

  1. Disclosures

We disclose data in the following scenarios:

  • With OPTIVEN’S external lawyers, auditors, valuers, and sub-contractors, software developers or other persons acting as its agents.
  • to any regulatory or supervisory authority so as to assist in the prevention, detection, investigation or prosecution of criminal activities, courts or arbitration tribunal where demand for any personal data and/or information is within the law.
  • where OPTIVEN is legally obligated to make such disclosures.
  1. Legal basis for the processing of personal data

OPTIVEN will process your personal information as permitted by the applicable Data Protection Laws, Regulations and its internal policies:

  • For the performance of our contract with you;
  • Where processing is necessary for the purposes of legitimate business interests pursued by OPTIVEN within the confines of the law;
  • For the establishment, exercise or defense of a legal claim;
  • Compliance with a mandatory legal obligation to which it is subject to;
  • To protect your vital interest.
  1. Direct Marketing

From time to time, we may use your personal information to contact you for market research or to provide you with information about our other projects that we think would be of interest to you. We shall not require your consent for direct marketing as the same is in line with the company pursuing its legitimate interests. You have the right to opt-out of receiving direct marketing or market research communications and may exercise it at any time.

  1. Retention of Personal Data

OPTIVEN will retain your personal data only for as long as is necessary to achieve the purpose for which they were collected. We may retain your personal data and/or information for a period of up to seven (7) years or as may be required by law and records management and retention policies and procedures, so that personal data is deleted after a reasonable time according to the following retention criteria:

  • Where we have an ongoing relationship with you.
  • To comply with a legal obligation to which it is subject.
  • Where retention is advisable to safeguard or improve the OPTIVEN’S legal position.
  1. Your Rights

You have the following rights:

  1. Be informed that we are processing your personal data;
  2. Request OPTIVEN to rectify any of your personal data that is incorrect or incomplete.
  3. Object to and withdraw your consent to the processing of your personal data. This right entitles you to request that OPTIVEN no longer processes your personal data. The withdrawal of your consent shall not affect the lawfulness of processing based on prior consent before its withdrawal. We may also continue to process
    your personal information if we have a legitimate or legal reason to do so.
  4. Request the erasure of your personal data. This right entitles you to request the erasure of your personal data, including where such personal data would no longer be necessary to achieve the purposes.
  5. Request the restriction of the processing of your personal data: This right entitles you to request that OPTIVEN only processes your personal data in limited circumstances, including with your consent.
  6. Request portability of your personal data. This right entitles you to receive a copy
    (in a structured, commonly used, and machine-readable format) of personal data that you have provided to OPTIVEN, or request OPTIVEN to transmit such personal data to another data controller in an electronic format.
  1. The Use of Cookies

Our Website will display a prompt to accept or decline any cookies. If you accept the cookies, we gather information that is non-personal such as the device, location, duration spent on the website and date and time of your visit.

We use cookies for storing and honoring your preferences, analyzing how our projects perform and fulfilling other legitimate purposes.

  1. Amendments to this Notice

OPTIVEN reserves the right to amend or modify this privacy notice from time to time and your continued investment in our properties constitutes your agreement to be bound by the terms of any such amendment or variation.

  1. Contact Us

Please contact our Data Protection Officer if you

  • have any questions or concerns about how OPTIVEN processes your personal data or
  • want to exercise any of your rights in relation to your personal data,

15. Contact Us

Please contact our Data Protection Officer if you (i) have any questions or concerns about how OPTIVEN processes your personal data or (ii) want to exercise any of your rights in relation to your personal data,

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