Privacy Policy & Loan Terms

Personal Information You Provide to Us

In Short: We collect personal information that you provide to us directly or through your interactions with our staff and digital channels.

Inuka Africa interacts with customers through field agents, branch office staff, digital platforms, written notices, phone calls and other channels. Irrespective of the mode of interaction, and solely to facilitate service provision, we collect and process:

• Personal identifiers — full name, national ID, phone number, address
• Emergency contact and Next of Kin details
• Guarantor information
• Financial information

Image Data

Image data is collected through photographs provided or taken of customers, their businesses and chattels, as well as similar images of guarantors and next of kin. CCTV images of those visiting our offices may also be taken.

Sensitive Information

Where necessary and with your consent or as permitted by applicable law, we process sensitive personal information including financial data and identity documents required for KYC and AML compliance.

Payment Data

We collect data necessary to process your payments. All payment data is processed by M-Pesa (Safaricom). See their privacy statement at safaricom.co.ke/dataprivacystatement.

Application and Device Data

If you use our mobile application or digital platforms, we may collect the following where you grant permission:

• Geolocation Information — to provide location-based services. You may change this permission in your device settings at any time.
• Electronic Device Data — including device ID, model, manufacturer, operating system, browser type, IP address, and app usage information.
• Push Notifications — we may request permission to send push notifications about your account. You may opt out in your device settings.

Information Automatically Collected

We automatically collect certain technical information when you visit or navigate our services, including your IP address, browser and device characteristics, operating system, language preferences, referring URLs, and information about how and when you use our services. We also collect information through cookies and similar technologies.

Information from Other Sources

We may receive personal information indirectly — for example from organisational bodies you are a member of, entities you trade with, public databases, or Credit Reference Bureaus — to verify your identity, assess creditworthiness, and update our records.

In Short: We process your information to assess loan eligibility, administer accounts, communicate with you, meet regulatory obligations, and improve our services.

We process your personal information for the following reasons:

• KYC / AML checks — to verify you are who you say you are and that any business is legitimate and under your ownership or control.
• Credit assessment — to establish your credit record and eligibility for Inuka Africa products and services.
• Account and loan administration — to provide the services you have requested and keep your account in working order.
• Notifications — to notify you, your Next of Kin and Guarantors of changes in the status of your loan application or loan.
• Marketing — to notify you, your Next of Kin and Guarantors of new products, services, promotions and other marketing initiatives.
• Service improvement — to identify usage trends, assess the effectiveness of our campaigns, and improve our services and your experience.
• Legal and regulatory compliance — to meet our obligations as a licensed financial institution and respond to lawful requests.

In Short: We process your personal information only where we have a valid legal basis to do so under the Kenya Data Protection Act 2019.

The main lawful grounds we rely on for processing information — whether obtained directly or indirectly — are:

• Your consent — where you have given us clear consent to process your data for a specific purpose.
• Contractual obligation — where processing is necessary to fulfil the terms of a loan or service agreement between us.
• Legal obligation — where processing is necessary for compliance with a legal or regulatory requirement.
• Legitimate interests — where processing is necessary for our legitimate business interests, provided those interests are not overridden by your rights and freedoms.

This Privacy Notice informs you of Inuka Africa's data practices. You must consent to the use of your personal data being collected and be made aware of your rights listed in this notice.

In Short: We share information only where necessary to provide our services, comply with law, or protect our legitimate interests.

We may share your personal information with the following categories of third parties:

• Regulatory bodies and government entities — as required by law, including reporting obligations as a licensed financial institution.
• Credit Reference Bureaus — to share and obtain credit information. This protects customers from harmful or irresponsible lending practices.
• Payment processors — including M-Pesa (Safaricom), to process loan repayments and disbursements.
• Data analytics services — to help us understand how our services are used and improve them.
• Google Maps Platform — to provide location features on our website and applications. See Google's Privacy Policy.
• Business transfers — in connection with any merger, sale of company assets, financing, or acquisition of all or part of our business.

In Short: We may use cookies and other tracking technologies to collect and store information about how you use our services.

We may use cookies and similar tracking technologies (such as web beacons and pixels) to access or store information when you visit our website. We use Google Analytics to understand how visitors interact with our site — you can opt out via Google's opt-out tool. Most web browsers accept cookies by default; you can set your browser to remove or reject cookies, though this may affect certain features of our services.

In Short: We retain your information for as long as necessary and as required by law. Customer identification records are held for at least 7 years after the end of the financial relationship.

Inuka Africa maintains records of all data processing activities. Specific retention periods are as follows:

• Customer identification documents — retained throughout the life of the account and for at least 7 years after the cessation of the financial relationship or transaction date.
• Litigation and regulatory investigations — records will be kept for as long as required by the relevant litigation or investigation process.
• Anonymised information — data that can no longer be associated with you may be held indefinitely for statistical and research purposes.

When we have no ongoing legitimate business or legal need to process your personal information, we will delete or anonymise it. If immediate deletion is not possible (e.g. data held in backup archives), we will securely isolate it from further processing until deletion is possible.

In Short: We aim to protect your personal information through organisational and technical security measures.

Inuka Africa keeps all personal data in a secure database which may be hosted in multiple locations, including Africa, America, Europe and Asia. Only authorised staff members are given access to this data. We have implemented appropriate technical and organisational security measures to protect the information we process.

However, despite our safeguards and efforts, no electronic transmission over the internet or information storage technology can be guaranteed to be 100% secure. We cannot guarantee that hackers, cybercriminals or other unauthorised third parties will not be able to defeat our security measures. Transmission of personal information to and from our services is at your own risk, and you should only access the services within a secure environment.

In Short: We do not knowingly collect data from or market to children under 18 years of age.

We do not knowingly solicit data from or market to children under 18 years of age. By using our services, you represent that you are at least 18 years old, or that you are the parent or guardian of a minor and consent to such minor's use of the services. If we learn that personal information from users under 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any such data, please contact us at [email protected].

In Short: Under the Kenya Data Protection Act 2019, you have specific rights regarding your personal information. We will honour all valid requests in accordance with applicable law.

Your rights under Kenyan data protection law include:

• Right to be Informed — You have the right to know what information about you is processed, how it is used and disclosed, and the purpose for which it is collected.
• Right of Access — You have the right to request copies of your personal information, provided at no cost.
• Right to Rectification — You have the right to ask us to correct inaccurate personal information or complete incomplete information.
• Right to Deletion — You have the right to ask us to delete your personal information in certain circumstances.
• Right to Restriction of Processing — You have the right to ask us to restrict the processing of your personal information in certain circumstances.
• Right to Data Portability — You have the right to ask that we transfer your personal information to another organisation, or directly to you, in certain circumstances.

Upon receiving any such request, Inuka Africa will comply, provided that doing so does not impact our ability to provide our products and services (in which case we will inform you), and provided that it does not compromise our ability to meet our wider legal and regulatory obligations.

Withdrawing consent: Where we rely on your consent to process personal information, you may withdraw consent at any time by contacting us. Withdrawal does not affect the lawfulness of processing carried out before withdrawal.

Opting out of marketing: You can unsubscribe from marketing communications at any time by replying 'STOP' to any SMS we send, or by contacting us directly. We may still send you service-related messages necessary for the administration of your account.

Most web browsers and some mobile operating systems include a Do-Not-Track ('DNT') feature you can activate to signal your preference not to have your online browsing activities monitored. No uniform technology standard for recognising and implementing DNT signals has been finalised. As such, we do not currently respond to DNT browser signals. If a standard for online tracking is adopted that we must follow in the future, we will inform you in a revised version of this notice.

In Short: Yes, we will update this notice as necessary to remain compliant with the Kenya Data Protection Act 2019 and other applicable laws.

We may update this privacy notice from time to time. The updated version will be indicated by an updated date at the top of this page and will be effective as soon as it is accessible. If we make material changes, we may notify you by posting a prominent notice or by sending a direct notification. We encourage you to review this notice periodically to stay informed of how we protect your information.

Under the Kenya Data Protection Act 2019, you have the right to request access to, correction of, or deletion of your personal information. To exercise these rights, please contact our Data Protection Officer:

• Email: [email protected]
• Phone: +254 111 045 100
• Post: Data Protection Officer, Inuka Africa Limited, P.O. Box 24001 00100, Nairobi, Kenya
• Online: Contact page

We will consider and act upon all requests in accordance with applicable data protection laws. Where your request affects our ability to fulfil a contractual or regulatory obligation, we will inform you accordingly.

The following table outlines the categories of personal information Inuka Africa may collect and process:

Ownership of Business and Collateral

The Borrower MUST be the owner of the business funded and owner of the chattels provided as security for the loan.

Misrepresentation

Misrepresentation or providing false information is a crime. Inuka Africa may take criminal action against clients who misrepresent once this is discovered.

Protection of Collateral

The Borrower and Guarantors shall not sell, dispose of, encumber, or alienate the assets listed as collateral for this loan while any portion of the loan remains unpaid. Such action is criminal, and Inuka Africa may take criminal action against clients or Guarantors who do so.

Repayment Schedule

The loan shall be repaid in accordance with the loan repayment schedule contained in the signed contract.

Punctual Payment

The Borrower shall make all payments punctually, without previous demand.

Late Repayment Fee

All instalments must be made on or before the due dates without failure. Late repayment will attract a late repayment fee of Ksh 50 per day per late instalment.

Payment Channel

All payments to Inuka Africa MUST be made through the Inuka Africa Paybill Account: 895300 / 895301.

Cash Payment Exception

In exceptional circumstances that make payment by M-PESA impossible, the client must obtain an official Inuka Africa receipt from the officer to whom the cash payment is made.

Proof of Payment

Any remittance or payment without proof of receipt by Inuka Africa Ltd. — being an M-PESA transaction confirmation or an official Inuka Africa receipt — will be deemed not to have been paid to the institution.

Default and Repossession

In the event of default by the Borrower, Inuka Africa may repossess assets listed by the Borrower and his/her Guarantors as security for this loan, and proceed to sell the assets without notice to the Borrower or Guarantors, in order to recover all outstanding principal, interest, penalties, and associated recovery costs.

Recovery of Balance

In the event of repossession, where Inuka Africa sells the chattels and fails to recover the full principal, interest, penalties, and recovery costs due, Inuka Africa reserves the right to pursue any legal action necessary for the recovery of the balance at the Borrower's and his/her Guarantors' expense.