(1) Introduction

Nabo Capital Limited (“Nabo”) values your privacy. This Privacy Policy (“Policy”) describes how Nabo collects, processes and shares your personal data as well as the purposes of any processing.
This Policy applies to all customers, suppliers, agents and all visitors who frequent the Nabo physical premises.
The Policy also applies to any website, application, form, document, product or service which references it.

(2) Definitions

“Data” or “personal information” or “personal data” or “information” means information that relates to an identified or identifiable natural person including but not limited to your gender, contact information, identification card, sex or name.

“You” means;

1. Customer – the person who uses or invests in any of our products or accesses our website and includes any person who accesses the website.
2. Any agent or independent financial advisor who has signed an agreement with us.
3. Any visitor or person who gains access to the Nabo premises.
4. Any supplier who has been contracted by Nabo and executed a supplier agreement.

“Nabo”, “we” or “us” and “ours” means Nabo Capital Limited or its affiliates or related entities as may be applicable.

(3) What information do we collect?

At Nabo, we strongly believe that we can provide you with great products and also guarantee your right to privacy. The following constitutes the information that we collect and process about you:

1. Personal information: These include your name, identity card, phone number, gender, date of birth, nationality, birth certificate (for minors), copy of income tax certificate, email address, postal address, occupation, physical address, name of beneficiaries and identity information of beneficiaries.
2. Technical information: This includes possible information about your device, browser, and IP address and information regarding how you use our website, which may include the pages that you visit and the weblinks that you click on.
3. Financial information: Your bank account information.
4. We use closed circuit television (CCTV) surveillance. We have a CCTV device installed at our premises to guarantee a safe and secure environment and demonstrate our commitment to security and safety.
5. Information that you voluntarily submit to us during customer surveys or feedback requests.
6. Information that you use to register online on our website while requesting for provision of a product or service.
7. Information that is obtained indirectly from third parties such as government identification databases.

(4) How we use your information

Nabo is regulated by various laws in Kenya which necessitate for the collection and processing of your personal information. An example of such are the capital markets laws and anti-money laundering laws which impose the obligation of collecting various types of information. Such information is needed in the context to aid in the verification of the identity of our customers.
To the extent that we offer you investment products and services, it is necessary to collect, use and process your personal information.
Therefore, we may use and analyse your information for the following purposes as permitted under applicable laws:

1. To provide you with our investment products and services and maintaining our relationship with you;
2. To complete and process your application for our products and services;
3. To inform you generally about our products and services and contact you with offers unless you opt out of receiving any marketing material from us. You are at liberty to reach out to Nabo at any time to opt out of receiving any marketing material.
4. To aid us in various purposes such as survey, research, statistical and business.
5. To respond to any enquiries or concerns that you may have;
6. To process a transaction in line with your request;
7. To meet our contractual obligations to you or take necessary steps in finalising a contract with you;
8. To facilitate compliance with various regulatory requirements including under the Capital Markets Act and the Proceeds of Crime and Anti-Money Laundering Act;
9. To facilitate online logins to our client portal on the website and necessary authorisations;
10. To enhance your customer experience journey with Nabo;

(5) Disclosure of information

We will only share your information in accordance with applicable laws and regulations. Nabo will thoroughly review and assess every application for information and has the right to deny any such request from a requesting party.
We may disclose your information to the following:

1. Regulatory agencies, courts, law enforcement agencies and any other legal authorities in response to lawfully issued demands;
2. Our affiliates, associates, partners or agents who are involved in the process of providing you with our products and services;
3. Anti-money laundering agencies and fraud-prevention authorities;
4. Any other person who is deemed to be legitimately necessary to share the information with;

We shall not give out your information to any individual or entity which is acting beyond its legal mandate.
We shall not share your information with any third party for direct marketing purposes.

(6) Disclosure of information

We will endeavour to protect the integrity and confidentiality of your information. To this end, Nabo has put in place the requisite technical and organisational data security mechanisms to ensure that your information is accurate, secure and complete.
We will ensure that it has agreements in place with third parties who process your information and continually urge that they adhere to their contractual obligations relating to the guarantee of appropriate security measures.
We will only retain your information as long as reasonably necessary to enable the fulfilment of the purposes for which such information is collected including for satisfying any legal, regulatory or tax requirements.
Once you terminate your relationship with us, we shall retain your information for a period of seven (7) years as is required by the law.
We may retain your personal information for a longer period in case of a complaint or litigation prospects in respect of our relationship with you.
The CCTV footage that is collected for security purposes shall be retained for a period not exceeding thirty (30) days unless retention is necessary for an ongoing investigation or required by law.
In determining the appropriate period of retention for the information we collect, we consider a variety of factors such as the sensitivity, the nature of the information, the amount of information collected, the risks of disclosure and the purposes of collection.

(7) Cross-border transfer of information

We may, from time to time, transfer your information outside the jurisdiction of the Republic of Kenya for processing on behalf of Nabo.
To this end, we will endeavour to only send your information to a country that has data protection safeguards which are similar to those of Kenya. We will only make exceptions in instances where we have ensured that the recipient agrees to adhere to the key principles of data protection as outlined in Kenya’s Data Protection Act.
We shall make use of mechanisms such as data protection agreements, standard contractual clauses and binding corporate rules to guarantee the safety of your information when dealing with countries that do not have stringent data protection laws. To understand the data protection adequacy of recipient countries, we shall take the following measures:

1. evaluate whether the country has data protection laws and if there exists a comprehensive enforcement framework.
2. assess whether the country has frameworks for data security including data handling, data storage and access controls.
3. evaluate whether the country has sufficient judicial mechanisms through which affected persons can seek redress in case of infringement.
4. consider whether the country has acceded to and adheres to international treaties or frameworks for privacy and data protection.
5. determine if the country has any laws regulating the cross-border transfer of personal data.

We shall not give out your information to any individual or entity which is acting beyond its legal mandate.
We shall not share your information with any third party for direct marketing purposes.

(8) Direct Marketing

You may be required to opt in or provide us with express consent before we can send you direct marketing messages on trends, news, events and promotions relating to our products. We may seek your express consent through various mechanisms such as digital opt-in checkboxes, text-based opt-in and double opt-in procedures to enable you avoid accidental consent.
You are also at liberty to ask us to stop sending you marketing messages at any time by sending us an email at clientservice@nabocapital.com and visiting our website to adjust your marketing preferences.
In the event that you exercise your right to opt out of direct marketing, kindly grant us a reasonable period of two weeks to effect the change.

(9) Our use of cookies

A cookie can be defined as a text file containing small pieces of data and is utilised in identifying a user’s computer as they use a network. Cookies assist in improving the browsing experience of users as they allow websites to recognise users’ devices and store information about your preferences.
Our use of cookies is be aimed at helping us improve the performance of our website. In this regard, we are be able to ascertain the number of times our website page is visited and what the source of such visits are.
Additionally, we further employ the use of cookies in the following regard:

1. Performance cookies—We use these to assess the website's use and identify patterns that can help enhance performance.
2. Functionality cookies – we employ these cookies to customise the website features based on users' preferences.
3. Advertising cookies – we use these to enable the delivery of adverts and measure the effectiveness of advertising.

Some of the information we gather to recognise you is non-personal and includes the pages you browse on our website, the time and date of your visit, and your anonymised Internet Protocol (IP) address.
If you are not interested in receiving cookies from our website, you decide to “Reject All” upon notification of the cookie message pop-up. However, it is essential to note that turning off cookies in your browser may hinder you from fully experiencing some of our website's features.
You can accept all cookies, receive notifications upon cookie reception or reject all cookies. We may use third-party cookies on our webpage by entities such as advertisers and analytics providers. These are governed by the respective privacy policies of third parties, and we have no control over them.

(10) Accessing and updating your information

The Data Protection Act provides you with the right to have accurate records of your data being processed by a data controller or a processor. To access or update your information, you can get in touch with us at clientservice@nabocapital.com

(11) Your Rights

You are entitled to various rights as a data subject. These rights may however be subject to legal and contractual exceptions. The rights include:

1. Right to be fully informed of the personal data that we are collecting personal data;
2. Right to send us a request to correct or rectify your personal data where there exist elements of inaccuracy or incompleteness.
3. Right to access personal data that we store about you and request for information about how we process.
4. Right to object and withdraw your consent to the processing of your personal data. Please note that we may however continue with the processing if we have a legal basis to do so.
5. Right to request the transfer of your personal data.

Should you wish to exercise any of the rights indicated herein, please reach out to us on clientservice@nabocapital.com
In exercising any of the rights, we may be obliged to request further information from you to aid us in ascertaining your identity and ensuring that your right to access your personal data as a security measure.
Nabo and its its staff will always try to respond to all requests and enquiries with reasonable time.

(13) Amendments to this Policy

We reserve the right to amend, modify or update this Policy at any time. Any amendment that is made to the Policy will take effect from the date of notification on the Nabo website.
This Policy was last updated on 13th January 2025.

(14) How to contract the appropriate authority

If you wish to report a complaint, you may contact the Office of the Data Protection Commissioner.