Privacy Policy

1. INTRODUCTION

SMC Smart Shop respects your privacy and is committed to protecting your personal information.

This Privacy Policy explains how SMC Smart Shop, operated by [INSERT REGISTERED LEGAL BUSINESS NAME] (“SMC Smart Shop”, “SMC”, “we”, “our” or “us”), collects, uses, stores, shares and protects personal data when you:

  • visit smcsmart.shop;
  • create an account;
  • browse or purchase our products;
  • place or manage an order;
  • make a payment;
  • subscribe to marketing communications;
  • contact customer support;
  • communicate with us through WhatsApp, telephone, email or other channels;
  • participate in promotions;
  • submit reviews or feedback; or
  • otherwise interact with SMC Smart Shop.

We process personal data in accordance with applicable privacy and data-protection laws, including the Data Protection Act, 2019 of Kenya and applicable regulations made under it.

This Privacy Policy should be read together with our:

  • Terms and Conditions;
  • Shipping and Delivery Policy;
  • Returns and Refund Policy; and
  • Cookie preferences displayed on our Website.

2. WHO WE ARE

For purposes of applicable data-protection law, the data controller responsible for personal information collected through the Website is:

Legal Business Name: [INSERT REGISTERED BUSINESS/COMPANY NAME]

Trading Name: SMC Smart Shop

Website: smcsmart.shop

Registration Number: [INSERT BUSINESS REGISTRATION NUMBER]

Physical Address: [INSERT BUSINESS ADDRESS]

Email: [INSERT OFFICIAL EMAIL ADDRESS]

Privacy Contact: [INSERT PRIVACY EMAIL ADDRESS]

Telephone: [INSERT TELEPHONE NUMBER]

Where required under applicable law, SMC Smart Shop may register with the Office of the Data Protection Commissioner as a data controller and/or data processor.

3. WHAT IS PERSONAL DATA?

“Personal data” means information relating to an identified or identifiable natural person.

This may include information that identifies you directly, such as your name or telephone number, or information that can identify you when combined with other information.

Personal data does not generally include information that has been genuinely anonymised so that an individual can no longer reasonably be identified.

4. INFORMATION WE MAY COLLECT

Depending on how you interact with SMC Smart Shop, we may collect the following categories of personal data.

A. Identity Information

This may include:

  • full name;
  • username;
  • account name; and
  • other identifiers you provide to us.
B. Contact Information

This may include:

  • email address;
  • mobile telephone number;
  • WhatsApp number;
  • billing address;
  • shipping or delivery address;
  • city;
  • county;
  • postal address; and
  • country.
C. Order and Transaction Information

When you purchase a Product, we may collect:

  • products purchased;
  • quantity;
  • order number;
  • purchase date;
  • transaction amount;
  • currency;
  • delivery method;
  • delivery status;
  • returns;
  • refunds;
  • warranty claims; and
  • transaction history.
D. Payment Information

When you make a payment, information may include:

  • payment method;
  • payment status;
  • mobile-money transaction reference;
  • card payment reference;
  • bank transaction reference;
  • billing information; and
  • information necessary to confirm payment.

Where payments are processed through a third-party payment service provider, bank, card processor or mobile-money provider, that organisation may collect your financial information directly.

SMC Smart Shop does not intend to store complete credit or debit card numbers where these are processed securely by an authorised payment service provider.

E. Account Information

If customer accounts are available, we may process:

  • username;
  • email address;
  • encrypted password credentials;
  • saved addresses;
  • account preferences;
  • order history; and
  • account activity.
F. Customer-Service Information

If you contact us, we may process:

  • correspondence;
  • emails;
  • WhatsApp communications;
  • support requests;
  • complaints;
  • telephone notes;
  • warranty information;
  • Product photographs;
  • videos supplied for troubleshooting;
  • return requests; and
  • other information you voluntarily provide.
G. Technical Information

When you use our Website, certain information may be collected automatically, including:

  • Internet Protocol (IP) address;
  • browser type;
  • operating system;
  • device type;
  • referring website;
  • pages visited;
  • date and time of access;
  • approximate geographic information derived from IP address;
  • session information;
  • cookie identifiers; and
  • Website interaction information.
H. Marketing Information

We may collect information concerning:

  • marketing subscriptions;
  • communication preferences;
  • promotional campaign interactions;
  • email engagement;
  • advertising interactions; and
  • consent preferences.
I. Reviews and User-Submitted Content

Where the Website allows reviews, feedback or testimonials, we may process:

  • name or display name;
  • Product rating;
  • written review;
  • photographs;
  • comments; and
  • other information voluntarily submitted.

5. INFORMATION WE DO NOT INTENTIONALLY REQUEST

SMC Smart Shop generally does not need customers to provide sensitive personal data such as:

  • health information;
  • religious beliefs;
  • political opinions;
  • biometric information;
  • sexual orientation;
  • ethnicity; or
  • other highly sensitive personal information

in order to purchase ordinary Products through the Website.

Please do not provide such information unless it is genuinely necessary for a specific lawful purpose.

6. HOW WE COLLECT PERSONAL DATA

We may collect personal information in several ways.

A. Information You Give Us Directly

For example, when you:

  • place an Order;
  • create an account;
  • complete a checkout form;
  • contact us;
  • communicate through WhatsApp;
  • submit a return request;
  • make a warranty claim;
  • subscribe to marketing;
  • participate in a promotion; or
  • submit a review.
B. Information Collected Automatically

Certain technical information may be collected when you access or interact with our Website through:

  • cookies;
  • server logs;
  • analytics technologies;
  • security systems;
  • browser storage; or
  • similar technologies.
C. Information From Service Providers

We may receive information from third parties involved in completing your transaction, such as:

  • payment processors;
  • mobile-money providers;
  • banks;
  • courier companies;
  • delivery partners;
  • fraud-prevention providers;
  • Website hosting providers; and
  • customer-support platforms.
D. Information From Public or Lawful Sources

Where appropriate, we may verify information using publicly available or lawfully accessible sources, particularly for fraud prevention, legal compliance or dispute resolution.

7. WHY WE USE YOUR PERSONAL DATA

We use personal data only where there is an appropriate lawful purpose.

We may process your information for the following purposes.

A. To Process Your Orders

We use personal information to:

  • receive Orders;
  • verify Order details;
  • process transactions;
  • issue confirmations;
  • prepare Products for dispatch;
  • deliver Products; and
  • provide receipts or invoices.
B. To Process Payments

We may use payment and transaction information to:

  • confirm payment;
  • reconcile transactions;
  • detect failed payments;
  • process refunds; and
  • prevent fraudulent transactions.
C. To Deliver Products

We may provide necessary information to delivery companies or courier providers to:

  • identify the recipient;
  • contact you;
  • locate the delivery destination;
  • deliver your Order; and
  • confirm delivery.
D. To Provide Customer Support

We may use your information to:

  • respond to questions;
  • provide Product information;
  • troubleshoot issues;
  • manage complaints;
  • process returns;
  • handle warranty requests; and
  • resolve disputes.
E. To Maintain Customer Accounts

Where accounts are available, information may be used to:

  • create and maintain your account;
  • authenticate access;
  • save account preferences;
  • display Order history; and
  • improve account security.
F. To Prevent Fraud and Abuse

We may process data where reasonably necessary to:

  • identify suspicious transactions;
  • prevent fraud;
  • detect unauthorised account access;
  • prevent promotional abuse;
  • verify payments; and
  • protect SMC Smart Shop, customers and payment providers.
G. To Improve the Website

Subject to applicable consent requirements, we may analyse Website usage to:

  • understand how customers use our Website;
  • diagnose errors;
  • measure Website performance;
  • improve navigation;
  • improve Product presentation; and
  • optimise customer experience.
H. To Communicate With You

We may contact you regarding:

  • Order confirmations;
  • payments;
  • delivery;
  • shipping updates;
  • returns;
  • refunds;
  • warranty claims;
  • customer-service enquiries;
  • security matters; and
  • important changes affecting your transaction.
I. Marketing

Where permitted by law, we may send communications concerning:

  • new Products;
  • special offers;
  • discounts;
  • sales;
  • promotions;
  • new features; and
  • other SMC Smart Shop news.

You may opt out of direct marketing communications at any time.

J. Legal and Regulatory Compliance

We may process personal data when necessary to:

  • comply with tax obligations;
  • maintain financial records;
  • respond to lawful requests;
  • comply with court orders;
  • establish or defend legal claims;
  • cooperate with regulators;
  • prevent unlawful activity; or
  • meet other legal obligations.

8. OUR LAWFUL BASES FOR PROCESSING

Depending on the circumstances, we may process personal data based on one or more of the following grounds.

Contract

Processing may be necessary to enter into or perform a contract with you.

For example, we need your name, contact details and delivery address to fulfil an Order.

Consent

We may rely on your consent for certain activities, particularly:

  • optional cookies;
  • certain marketing communications; and
  • other optional processing activities.

Where processing is based on consent, you may withdraw that consent.

Legal Obligation

We may process information where necessary to comply with laws, regulations, tax requirements, accounting obligations or lawful governmental requests.

Legitimate Interests

We may process information where necessary for legitimate business purposes, provided those interests do not improperly override your privacy rights.

Examples may include:

  • preventing fraud;
  • securing the Website;
  • improving our business;
  • managing customer relationships;
  • maintaining records; and
  • establishing or defending legal claims.

9. DATA MINIMISATION

We aim to collect only personal information that is reasonably necessary for the stated purpose.

We do not intend to collect excessive personal information simply because it may be technically possible to do so.

10. ACCURACY OF INFORMATION

We take reasonable measures to maintain accurate information.

Customers are encouraged to ensure that:

  • their account details remain current;
  • telephone numbers are correct;
  • delivery addresses are accurate; and
  • incorrect personal information is brought to our attention.

You may contact us to request correction of inaccurate information.

11. SMART GLASSES AND AI-ENABLED PRODUCTS

SMC Smart Shop may sell smart glasses and other Products incorporating features such as:

  • Bluetooth connectivity;
  • microphones;
  • speakers;
  • voice commands;
  • AI-assisted translation;
  • artificial intelligence;
  • mobile applications; and
  • cloud-based services.

Some of these functions may involve processing of personal data by the Product manufacturer, application developer, AI provider or another third-party provider.

For example, use of an AI-enabled Product may result in voice, translation, account, device or usage information being processed by a third-party service.

Unless expressly stated otherwise, information processed directly by an independent Product manufacturer or third-party application is governed by that third party’s own privacy policy.

Purchasing a Product from SMC Smart Shop does not necessarily mean that SMC Smart Shop receives or controls personal information generated when you independently use that Product.

Customers should review the applicable manufacturer’s privacy terms before activating connected, voice, cloud or AI functionality.

12. PAYMENT SERVICE PROVIDERS

Payments may be processed by third-party providers such as:

  • banks;
  • card processors;
  • payment gateways;
  • mobile-money providers; and
  • other authorised payment service providers.

These organisations may independently process personal data to:

  • authenticate payments;
  • conduct anti-fraud checks;
  • comply with financial regulations;
  • complete transactions; and
  • issue refunds.

Their processing may be subject to their own privacy policies.

SMC Smart Shop receives only the information reasonably necessary to confirm and administer your payment unless otherwise stated.

13. DELIVERY AND LOGISTICS PROVIDERS

To fulfil Orders, we may provide delivery partners with necessary information such as:

  • recipient name;
  • telephone number;
  • delivery address;
  • delivery instructions;
  • Order reference; and
  • other information necessary for delivery.

Delivery partners must only receive information reasonably required to carry out their role.

14. WHATSAPP AND OTHER COMMUNICATION PLATFORMS

The Website may allow customers to contact SMC Smart Shop through WhatsApp or another third-party communication platform.

If you choose to use such a service, the platform provider may process information according to its own terms and privacy policy.

SMC Smart Shop may retain customer-service communications where reasonably necessary for:

  • answering your enquiry;
  • maintaining support records;
  • processing Orders;
  • resolving disputes; or
  • meeting legal obligations.

Do not send confidential payment credentials, passwords, PINs or other unnecessary sensitive information through WhatsApp.

15. WHEN WE MAY SHARE PERSONAL INFORMATION

We do not sell personal data to third parties as a commodity.

We may, however, disclose necessary information to trusted organisations where required to operate our business.

These may include:

  • payment processors;
  • banks;
  • mobile-money providers;
  • delivery and courier companies;
  • hosting providers;
  • cloud-computing providers;
  • security providers;
  • analytics providers;
  • email service providers;
  • customer-support providers;
  • professional advisers;
  • accountants;
  • auditors;
  • lawyers;
  • insurers;
  • regulators;
  • government agencies; and
  • law-enforcement authorities where disclosure is lawfully required.

We seek to limit disclosure to information relevant to the purpose for which the third party requires it.

16. BUSINESS TRANSFERS

If SMC Smart Shop or the business operating it is involved in a:

  • merger;
  • acquisition;
  • sale;
  • restructuring;
  • investment;
  • transfer of assets; or
  • similar corporate transaction,

personal information may form part of the transferred business records.

Where required, appropriate safeguards will be used to protect personal information during such a transaction.

17. INTERNATIONAL DATA TRANSFERS

Some service providers we use may operate servers or systems outside Kenya.

As a result, certain information may be processed or stored outside Kenya.

Where personal data is transferred outside Kenya, SMC Smart Shop will take appropriate steps required by applicable law to ensure that such transfers are supported by adequate safeguards or another lawful transfer mechanism.

Where applicable, this may involve:

  • contractual safeguards;
  • confirmation of adequate data-protection standards;
  • technical security measures;
  • other legally recognised safeguards; or
  • consent where legally required.

18. HOW WE PROTECT PERSONAL DATA

SMC Smart Shop takes reasonable technical and organisational measures designed to protect personal data against:

  • unauthorised access;
  • accidental loss;
  • unlawful processing;
  • alteration;
  • misuse;
  • destruction; and
  • unauthorised disclosure.

Measures may include, where appropriate:

  • secure Website connections;
  • access controls;
  • password protection;
  • encryption;
  • secure payment processing;
  • system updates;
  • backups;
  • malware protection;
  • role-based access;
  • security monitoring; and
  • limited employee or contractor access.

However, no internet-based system or electronic storage method can be guaranteed to be completely secure.

Customers should also take reasonable steps to protect themselves by using strong passwords and keeping login credentials confidential.

19. PASSWORD SECURITY

Where customer accounts are available, you are responsible for maintaining the confidentiality of your account password.

You should:

  • use a strong password;
  • avoid sharing your password;
  • avoid reusing passwords across multiple services; and
  • contact us if you suspect unauthorised access.

SMC Smart Shop will never ask you to send your account password, mobile-money PIN or complete card PIN through email or WhatsApp.

20. DATA RETENTION

We retain personal information only for as long as reasonably necessary for the purposes for which it was collected.

Retention periods may depend on:

  • the nature of the information;
  • the reason it was collected;
  • contractual requirements;
  • warranty periods;
  • fraud-prevention requirements;
  • tax and accounting requirements;
  • statutory record-keeping obligations;
  • potential disputes; and
  • applicable limitation periods.

For example, certain Order and transaction records may need to be retained after an Order has been completed for accounting, taxation, warranty, fraud-prevention or legal purposes.

When personal information is no longer reasonably required, we will endeavour to securely delete, anonymise or otherwise dispose of it in accordance with applicable requirements.

21. YOUR DATA-PROTECTION RIGHTS

Subject to applicable law and any lawful limitations, you may have the following rights concerning your personal data.

Right to Be Informed

You have the right to know whether and how your personal data is being collected and used.

Right of Access

You may request confirmation of whether we process your personal data and may request access to personal information held about you.

Right to Correction

You may request correction of personal information that is inaccurate, incomplete, false or misleading.

Right to Deletion

You may request deletion of personal information in circumstances provided by law.

The right to deletion is not absolute. We may retain information where necessary to comply with legal obligations, establish or defend legal claims, prevent fraud or fulfil another lawful purpose.

Right to Object

You may object to certain processing of your personal information where permitted by law.

Right to Restrict Processing

You may request restriction of certain processing activities in circumstances permitted by applicable law.

Right to Data Portability

Where applicable, you may request personal information in an appropriate structured format or ask for eligible information to be transmitted in accordance with applicable law.

Right to Withdraw Consent

Where we rely on consent, you may withdraw that consent at any time.

Withdrawal does not make processing undertaken lawfully before withdrawal unlawful.

Rights Concerning Direct Marketing

You may object to the use of your personal information for direct marketing.

22. HOW TO EXERCISE YOUR RIGHTS

To submit a privacy request, contact:

Privacy Email:]

Please state:

  • your name;
  • relevant contact information;
  • the nature of your request; and
  • sufficient information to enable us to identify the relevant records.

For security reasons, we may request reasonable verification of your identity before releasing or changing personal information.

We will not intentionally require more identity information than reasonably necessary for verification.

23. COMPLAINTS

If you believe SMC Smart Shop has not handled your personal information appropriately, please contact us first so that we can investigate the issue.

Privacy complaints may be sent to:

Email: [INSERT PRIVACY EMAIL]

You also have the right, where applicable, to lodge a complaint with the relevant data-protection authority.

In Kenya, the relevant authority is the:

Office of the Data Protection Commissioner (ODPC)
Kenya

Information regarding complaints and data-protection rights is available through the ODPC.

24. DIRECT MARKETING

SMC Smart Shop may send promotional communications where permitted by applicable law.

These may include communications through:

  • email;
  • SMS;
  • WhatsApp; or
  • other electronic channels.

Where consent is required, marketing communications will be sent only after obtaining appropriate consent.

Marketing messages should provide a reasonably accessible method of opting out.

You may unsubscribe at any time.

Opting out of marketing will not prevent us from sending necessary transactional communications regarding:

  • Orders;
  • payments;
  • deliveries;
  • returns;
  • security issues; or
  • customer-support matters.

25. COOKIES AND SIMILAR TECHNOLOGIES

SMC Smart Shop uses cookies and similar technologies to operate and improve the Website.

A cookie is a small data file stored on your browser or device when you visit a website.

The Website may use the following categories of cookies.

A. Necessary Cookies

Necessary cookies support essential Website functionality such as:

  • shopping-cart functions;
  • secure access;
  • session management;
  • fraud prevention;
  • checkout functionality; and
  • recording cookie preferences.

These cookies may be required for the Website to function correctly.

Where permitted by law, strictly necessary cookies may operate without optional consent.

B. Functional Cookies

Functional cookies may support enhanced features such as:

  • remembering preferences;
  • embedded services;
  • customer feedback tools;
  • social-media features; and
  • other optional functionality.
C. Analytical Cookies

Analytical cookies may help us understand how visitors use the Website.

Information may include:

  • visitor numbers;
  • page views;
  • traffic sources;
  • session duration;
  • Website navigation; and
  • interaction patterns.

This information can help us identify problems and improve Website performance.

D. Advertising Cookies

Advertising cookies may be used, where enabled, to:

  • measure advertising campaigns;
  • understand advertising interactions;
  • limit repeated advertising;
  • personalise advertising where permitted; and
  • evaluate marketing performance.
E. Unclassified Cookies

Certain cookies may temporarily be classified as “unclassified” while their purpose or provider is being reviewed.

Where appropriate, we will seek to classify such cookies accurately.

26. COOKIE CHOICES

Where the Website presents a cookie consent tool, users may be able to:

  • Accept All;
  • Reject All;
  • customise preferences; or
  • save selected preferences.

You may adjust optional cookie preferences through the available cookie controls.

Blocking certain functional cookies may affect some Website functionality.

Necessary cookies may remain active where required for essential Website operations.

27. THIRD-PARTY COOKIES

Certain Website features may involve third-party technologies.

Third-party providers may place or access cookies subject to their own policies where permitted.

These may include providers of:

  • analytics;
  • advertising;
  • payments;
  • social-media features;
  • embedded media;
  • customer support; or
  • Website functionality.

SMC Smart Shop seeks to use such providers in accordance with applicable data-protection requirements.

28. ANALYTICS

Where analytics services are enabled, we may collect aggregated or pseudonymous Website usage information to understand:

  • which pages are viewed;
  • how users navigate the Website;
  • approximate visitor volumes;
  • Website errors;
  • device categories;
  • traffic sources; and
  • Website performance.

Where applicable, analytical cookies will be subject to your cookie choices.

29. ADVERTISING AND REMARKETING

If SMC Smart Shop uses advertising or remarketing services, advertising providers may use permitted cookies or similar technologies to understand whether an advertisement led to a Website visit or purchase.

Where required, such technologies will operate subject to appropriate consent.

We do not intend to use sensitive personal information to create advertising profiles.

30. CHILDREN’S PRIVACY

SMC Smart Shop is designed primarily for adult customers capable of entering into purchase contracts.

We do not knowingly seek to collect personal information directly from children for marketing or customer-account purposes without appropriate lawful authority.

If a parent or guardian believes that a child has provided personal information improperly, they may contact us to request investigation and, where appropriate, deletion.

31. AUTOMATED PROCESSING AND FRAUD DETECTION

Certain Website, payment or security systems may automatically analyse transaction or technical information to detect:

  • fraud;
  • suspicious activity;
  • payment risks;
  • unauthorised access;
  • automated attacks; or
  • abuse of promotions.

Where an automated system flags a transaction, we may conduct additional verification.

Where required by applicable law, customers may have rights concerning decisions based solely on automated processing that significantly affect them.

32. LINKS TO OTHER WEBSITES

Our Website may contain links to external websites, including:

  • manufacturer websites;
  • payment platforms;
  • social networks;
  • mobile applications; and
  • other third-party services.

SMC Smart Shop does not control the privacy practices of independent third parties.

You should review the privacy policy of any third-party website or service before providing personal information to it.

33. SOCIAL MEDIA

SMC Smart Shop may operate accounts on social-media services.

If you interact with us through social media, both SMC Smart Shop and the relevant social-media provider may process information associated with that interaction.

The social-media provider’s own privacy policy applies to information processed through its platform.

34. PRODUCT REVIEWS

If you submit a Product review, some information you provide may become publicly visible.

For example, this may include:

  • a display name;
  • Product rating;
  • written review; and
  • photographs voluntarily submitted.

Do not include information in a public review that you do not want others to see.

We may retain reasonable records relating to reviews to detect spam, fraud or abuse.

35. FRAUD AND SECURITY INVESTIGATIONS

Where we reasonably suspect:

  • fraud;
  • unauthorised payment;
  • account takeover;
  • theft;
  • misuse of the Website; or
  • other unlawful conduct,

we may retain and use relevant information for investigation and, where lawful, disclose appropriate information to:

  • payment providers;
  • financial institutions;
  • insurers;
  • law-enforcement agencies;
  • regulators; or
  • professional advisers.

36. DATA BREACHES

A personal-data breach may involve unauthorised:

  • access;
  • disclosure;
  • alteration;
  • destruction; or
  • loss of personal data.

If SMC Smart Shop becomes aware of a personal-data breach, we will assess the incident and take reasonable measures to:

  • contain the incident;
  • investigate what occurred;
  • protect affected systems;
  • reduce potential harm;
  • preserve appropriate records; and
  • make notifications required by applicable data-protection law.

Where legally required, affected individuals and/or the relevant authority will be notified.

37. PRIVACY BY DESIGN

Where reasonably practicable, SMC Smart Shop seeks to incorporate privacy considerations into the design and operation of:

  • Website functionality;
  • customer accounts;
  • payment processes;
  • marketing systems;
  • analytics;
  • support processes; and
  • new digital services.

We aim to limit personal-data collection to what is reasonably necessary for the relevant purpose.

38. CHANGES TO THIS PRIVACY POLICY

We may update this Privacy Policy periodically.

Changes may be necessary because of:

  • changes to our business;
  • new Website functionality;
  • new payment methods;
  • new service providers;
  • regulatory developments;
  • security improvements;
  • changes to data-processing practices; or
  • changes in applicable law.

When changes are made, the revised Privacy Policy will be published on the Website with an updated “Last Updated” date.

Where a material change requires additional notification or consent, we will take appropriate steps.

39. CONTACT US

Questions, requests or complaints concerning this Privacy Policy or our handling of personal information may be directed to:

SMC SMART SHOP

40. REGULATORY CONTACT

If you believe that your data-protection rights have been infringed, you may also contact the competent data-protection authority.

For Kenya:

Office of the Data Protection Commissioner (ODPC)

The ODPC is responsible for overseeing implementation of Kenya’s Data Protection Act and receiving complaints concerning the processing of personal data.

41. ACKNOWLEDGEMENT

By using the SMC Smart Shop Website, you acknowledge that you have had the opportunity to read this Privacy Policy and understand how personal information may be processed.

Where consent is the legal basis for a particular processing activity, simply visiting the Website will not by itself be treated as consent where applicable law requires a separate affirmative choice.