Legal
Privacy Policy
Effective Date: Apr 23, 2026. This policy explains how SMS Connect collects, uses, stores, and protects personal and organizational data across messaging and marketplace workflows, in line with the Data Protection Act, 2019 (Kenya) and related regulations.
1. Information We Collect
- Account details such as name, email, telephone, and organization information.
- Contact records uploaded by customers (including names and phone numbers).
- Message content, sender identifiers, delivery statuses, and report metadata.
- Wallet, billing, topup, and transaction-related records.
- Marketplace purchase and sale records for contact groups.
- Technical logs used for security, diagnostics, and fraud prevention.
2. How We Use Information
- To provide SMS delivery, contact management, and reporting services.
- To process topups, wallet deductions, and payment confirmations.
- To support contact marketplace transactions and dispute review.
- To monitor abuse, secure the platform, and maintain service reliability.
- To meet legal obligations and respond to lawful requests.
3. Legal Basis and Compliance
We process personal data only on lawful grounds, including consent, contractual necessity, legal obligation, and legitimate interests, as applicable. Processing activities are undertaken in line with Kenyan data protection principles of lawfulness, fairness, transparency, purpose limitation, data minimization, accuracy, storage limitation, and integrity/confidentiality.
4. Controller and Processor Roles
For customer-managed recipient data, the customer generally acts as a data controller and SMS Connect acts as a data processor. In certain service operations, SMS Connect may act as an independent data controller where required for compliance, security, fraud prevention, and billing.
5. Data Sharing
We may share limited data with telecom operators, payment processors, hosting providers, and technical service providers solely to deliver platform functionality. We do not sell personal account data to third parties for unrelated advertising purposes.
6. Data Retention
We retain data only as long as needed for service operation, auditability, legal compliance, dispute handling, and security. Retention periods may vary by data type and regulatory requirement.
7. Security Measures and Incident Response
SMS Connect applies reasonable technical and organizational safeguards, including access control, role permissions, monitoring, and secure infrastructure practices to protect data from unauthorized access, alteration, or loss. Where a personal data breach is identified, we will assess, contain, and notify affected stakeholders and regulators where required by applicable law.
8. Your Responsibilities
Customers are responsible for collecting and using recipient data lawfully, obtaining any required consent, and ensuring data submitted to SMS Connect is accurate and authorized.
9. Data Subject Rights
Subject to applicable law, data subjects may exercise rights to be informed, access personal data, object to processing, request correction of false or misleading data, request deletion of data that is no longer lawfully held, and request data portability where technically feasible. Requests may be submitted through official account support channels.
10. Cookies and Technical Data
We may use session and security-related cookies or similar technologies necessary for authentication, navigation, and platform integrity.
11. Cross-Border Transfers
Depending on infrastructure and integrations, data may be processed in jurisdictions different from Kenya. Where cross-border transfer occurs, appropriate safeguards are applied in line with Kenyan law and regulatory guidance.
12. Complaints and Regulatory Escalation
If you are dissatisfied with how your personal data is handled, you may raise a complaint through official support channels. You may also escalate concerns to the Office of the Data Protection Commissioner (ODPC), Kenya, in accordance with applicable complaint procedures.
13. Changes to This Policy
We may revise this Privacy Policy periodically. Material updates will be reflected on this page with an updated effective date.
Contact
For privacy questions, requests, or complaints, contact your organization administrator or the official SMS Connect support contact for your deployment.