Effective Date: 1 July 2022

1. SCOPE OF THIS PRIVACY NOTICE

1.1 This Privacy Notice applies to your use of the Tala Website (https://tala.co.ke/), including the Tala Biashara Club Site (https://community.tala.co.ke/).

1.2 InVenture Capital Corporation, a US corporation, is affiliated with different legal entities. When we mention TALA in this document, we are referring to the relevant Kenyan subsidiary company, InVenture Mobile Limited, which is the data controller responsible for processing your data.

1.3 If you have any questions about this Privacy Notice, please contact us via email at hellokenya@talamobile.com.

1.4 Our Privacy Policy also applies to your use of the Website and explains what personal data we collect, with whom we share it, how we may use your data and how you can prevent us from sharing certain information with certain parties.

1.5 This Privacy Notice informs you as to how we look after your personal data when you use our Website and tells you about your privacy rights and how the law protects you. Please read our Privacy Policy and this Privacy Notice carefully to understand our views and practices regarding your personal data and how we will treat it in accordance with the Data Protection Act, 2019.

1.6 By accepting the terms of this Privacy Notice and our Privacy Policy, you accept and consent to the practices described in this Privacy Notice and our Privacy Policy. This Privacy Notice shall always prevail over the Privacy Policy in relation to how we use your information for the Tala Website.

1.7 The Tala Website is not intended for children, and we do not knowingly collect data relating to children.

2. DEFINITIONS

Terms used in this Privacy Notice shall have the following meanings, and reference to the singular includes the plural (and vice versa).

2.1 “Authorities” includes any judicial, administrative, government, public or regulatory body, securities or futures exchange, court, central bank or law enforcement body, or any of their agents with jurisdiction over Tala.

2.2 “Child” means an individual who has not attained the age of eighteen (18) years.

2.3 “Comply with a legal obligation” means processing your Personal Data where it is necessary for compliance with a legal obligation that we are subject to, such as (a) Laws or international guidance and internal policies or procedures, (b) any demand from Authorities or reporting, disclosure or other obligations under Laws, and (c) Laws requiring us to verify the identity of our customers.

2.4 “Consent” means processing your Customer Information where you have signified your agreement by a statement or clear opt-in to processing for a specific purpose. Consent will only be valid if it is a freely given, specific, informed and unambiguous indication of what you want. You can withdraw your consent at any time by contacting us via hellokenya@talamobile.com.

2.5 “Customer” or “User” means any individual within the Republic of Kenya to which Tala provides its products or services.

2.6 “Customer Information” means your Personal Data, Sensitive Personal Data, and/or Relevant Information including relevant information about you, your transactions, your use of our products and services, and your relationships with Tala.

2.7 “Laws” include any local or foreign law, regulation, judgment or court order, voluntary code, sanctions regime, an agreement between any member of Tala and an Authority, or agreement or treaty between Authorities and applicable to Tala.

2.8 “Legitimate Interest” means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).

2.9 “Performance of Contract” means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

2.10 “Personal Data” or “Personal Information” refers to any information whether recorded in a material form or not, from which the identity of an individual is apparent or can be reasonably and directly ascertained by the entity holding the information, or when put together with other information would directly and certainly identify an individual.

2.11 “Relevant Information” means information that Tala requires for purposes of providing full access to the Tala Website;

2.12 “Sensitive Personal Information” refers to Personal Data about an individual’s race, ethnic origin, marital status, age, color, and religious, philosophical or political affiliations; health status, education, biometric data, genetic data, sex or the sexual orientation of a person, property details, family details including names of the person’s children, parents, spouse or spouses; any proceeding for any offense committed or alleged to have been committed by such person, the disposal of such proceedings, or the sentence of any court in such proceedings; issued by government agencies peculiar to an individual which includes, but not limited to, social security numbers, previous or current health records, licenses or its denials, suspension or revocation, and tax returns; and specifically established by an executive order or other legislative act to be kept classified.

2.13 “Services” refers to the products and features provided through the Website, including the maintenance of the Website and its features.

2.14 “We”, “Our” and “Us” refer to Tala.

3. THE DATA WE COLLECT ABOUT YOU

3.1 We collect several types of information from and about users of our Website, including information:

• 3.1.1 by which you may be personally identified, such as name, username, e-mail address, telephone number, or any other identifier by which you may be contacted online or offline;
• 3.1.2 based on content that you share with us, such as your messages or interactions on the Tala Biashara Club Site;
• 3.1.3 that is about you but individually does not identify you, such as location or demographic information; and/or
• 3.1.4 about your internet connection, the equipment you use to access our Website, and usage details.

3.2 We collect this information:

• 3.2.1 directly from you when you provide it to us by filling in forms on our Website or communicating with us.
• 3.2.2 automatically as you navigate through the Website. Information collected automatically may include usage details, traffic data, search history, IP addresses, location data, logs, communication data, and information collected through cookies, web beacons, and other tracking technologies; and
• 3.2.3 from third parties, for example, our business partners, whenever you have consented to such sharing of information.

3.3 As you navigate through and interact with our Website, you acknowledge, consent and agree that we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns. The information we collect automatically does not include personal information, but we may maintain it or associate it with personal information that you provide to us, that we collect in other ways or that we receive from third parties, whenever you have consented to such sharing of information. The technologies we use for this automatic data collection may include:

• 3.3.1 Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
• 3.3.1 Web Beacons. Pages of our the Website may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company or third party business partners, for example, to count users who have visited those pages and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
• 3.3.1 Some content or applications, including advertisements, on the Website are served by third-parties, including, but not limited to, advertisers, ad networks and servers, content providers, web analytics providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

3.4 We also may collect other information about you, your device and your use of the Website in ways that we describe to you at the time of collection or otherwise with your consent.

3.5 We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your Personal Data but is not considered Personal Data in law as this data will not directly or indirectly reveal your identity.

4. HOW WE USE YOUR PERSONAL DATA

4.1 We will only use your Personal Data when we are legally permitted to do so. Most commonly we will use your Personal Data in the following circumstances:

• 4.1.1 Where you have consented before the processing.
• 4.1.2 Where we need to perform a contract we are about to enter or have entered with you.
• 4.1.3 Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
• 4.1.4 Where we need to comply with a legal or regulatory obligation.

4.2 We will only send you direct marketing communications by push notification, email or text if we have your consent. You have the right to withdraw that consent at any time by contacting us via email at hellokenya@talamobile.com.

5. PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA

5.1 We collect your Personal Data to helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

• 5.1.1 estimate our audience size and usage patterns;
• 5.1.2 store information about your preferences, allowing us to customize our Website according to your individual interests;
• 5.1.3 speed up your searches; and
• 5.1.4 recognize you when you return to our Website.

5.2 We use information that we collect about you or that you provide to us, including any personal information:

• 5.2.1 to present our Website and its contents to you;
• 5.2.2 to carry out our obligations and enforce our rights arising from any contracts entered into between you and us;
• 5.2.3 to notify you about changes to our Website or any products or services we offer or provide though it;
• 5.2.4 in any other way we may describe when you provide the information; and/or
• 5.2.5 for any other purpose with your consent.

6. DISCLOSURES OF YOUR PERSONAL DATA

6.1 We may disclose Aggregated Data about our users, and information that does not identify any individual, without restriction.

6.2 We may disclose Personal Data that we collect or you provide as described in this Privacy Notice:

• 6.2.1 Internal Third Parties being other companies in the InVenture Capital Corporation Group acting as joint controllers or processors and who are based in locations outside of Kenya and provide IT and system administration services and undertake leadership reporting.
• 6.2.2 External Third Parties such as Service providers acting as processors who include:
• 6.2.2.1 any local or international law enforcement or competent regulatory or governmental agencies information exchange in connection with a formal request so as to assist in the prevention, detection, investigation or prosecution of criminal activities or fraud;
• 6.2.2.2 Tala’s service providers or other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them;
• 6.2.2.3 Tala’s dealers, agents or any other company that may be or become Tala’s subsidiary or holding company for reasonable commercial purposes and with whom only relevant information will be exchanged;
• 6.2.2.4 Tala’s professional advisors and consultants including lawyers and auditors or to any court or arbitration tribunal in connection with any legal or audit proceedings;
• 6.2.2.5 third parties to whom we may choose to sell, assign, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your Personal Data in the same way as set out in this Privacy Notice;
• 6.2.2.6 in business practices including but not limited to quality control, training and ensuring effective systems operation;
• 6.2.2.7 any other entity for any other purpose disclosed by us when you provide the information;
• 6.2.2.8 any other entity that we deem legitimately necessary or appropriate to share the data with to protect the rights, property, or safety of Company, our customers, or others.

7. INTERNATIONAL TRANSFERS

7.1 Your Personal Data collected by Tala may be stored and processed outside Kenya in a location which Tala or its agents maintain facilities.

7.2 Whenever we transfer your personal data out of Kenya, we ensure a similar degree of protection is afforded to it by ensuring adequate safeguards are implemented. We ensure your personal data is protected by requiring all our group companies and agents to follow the same rules when processing your personal data.

8. DATA SECURITY

8.1 All information you provide to us is stored on our secure servers. Any payment transactions carried out by us or our chosen third-party provider of payment processing services will be secured. Where we have given you (or where you have chosen) a password that enables you to access certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share this password with anyone.

8.2 Once we have received your information, we will use strict procedures and security features to try to prevent your Personal Data from being accidentally lost, used or accessed in an unauthorised way.

8.3 We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator when we are legally required to do so.

9. DATA RETENTION

9.1 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 policies and the applicable legal, regulatory, tax, accounting or other requirements. We will retain or store your personal information only for so long as is necessary to fulfill the purposes set forth in this Privacy Notice, and for a reasonable time thereafter for the furtherance and completion of any of our services to you, and for such time as may be necessary in order to comply with any legal obligation.

9.2 Details of retention periods for different aspects of your Personal Data are available in our data retention policy which you can request by contacting us.

9.3 In some circumstances you can ask us to delete your data: see Your Data Subject Rights below for further information.

9.4 In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

10. YOUR DATA SUBJECT RIGHTS

10.1 Under certain circumstances you have the following rights under data protection laws in relation to your personal data.

You have the right to:

• 10.1.1 Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
• 10.1.2 Request correction or rectification of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
• 10.1.3 Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
• 10.1.4 Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
• 10.1.5 Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
• a) if you want us to establish the data’s accuracy;
• b) where our use of the data is unlawful but you do not want us to erase it;
• c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or
• d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
• 10.1.6 Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
• 10.1.7 Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

10.2 You also have the right to ask us not to continue to process your personal data for marketing purposes.

10.3 You can exercise any of these rights at any time by contacting us via email at hellokenya@talamobile.com.

11. CHANGES TO THE PRIVACY NOTICE AND YOUR DUTY TO INFORM US OF CHANGES

11.1 We keep this Privacy Notice under regular review. It may change and if it does, these changes will be posted on this page and, where appropriate, notified to you when you next log on to the Website. You may be required to read and accept the changes to continue your use of the Website.

11.2 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 our relationship with you.

12. THIRD PARTY LINKS

Our Sites may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. Please note that these websites and any services that may be accessible through them have their own privacy policies and that we do not accept any responsibility or liability for these policies or for any personal data that may be collected through these websites or services, such as Contact and Location Data. Please check these policies before you submit any personal data to these websites or use these services.