PRIVACY POLICY SUPPLEMENTS
LEGAL TERMS:
Last Updated: February 5, 2025.
1. APPLICATION This subpage (“Subpage”) applies if you reside outside the United States, Brazil or China and supplements our Privacy Policy.
Please read this Subpage carefully. If you have any questions, you can contact us at the details below. It contains important information we are required by the Office of the Data Protection Commissioner-Kenya and General Data Protection Regulation (“GDPR”) and, in some cases other laws, to disclose, including (i) the controller(s) and/or processor(s) of your personal information, (ii) legal bases, (iii) your legal rights, (iv) safeguards we rely on for transferring your personal information outside Kenya and the European Economic Area (“EEA”), (v) your rights, (vi) the contact details of the Data Protection Officer.
2. WHO CONTROLS MY PERSONAL INFORMATION.
2.1 Controller & Processor.Where this Subpage mentions “Mydiggz,” “we,” “us,” or “our,” it refers to Mydiggz Platform that is responsible for your information under this Privacy Policy (the “Controller”).
2.2 Payments Controller & Processor.The Privacy Policy also applies to the Payment Services provided to you by Mydiggz Platform pursuant to the Payments Terms of Service ("Payment Terms").
When using the Payment Services, you will also be providing your personal information to one or more our payment processing partners which will be responsible for your information related to the Payment Services, generally depending on your country of residence.
2.3 Changing Your Country of Residence.If you change your country of residence, the Controller and/or Processor and/or Payments Controller and/or Processor will be determined by your new country of residence as specified above, from the date on which your country of residence changes. To this end the Controller/Processor and/or Payments Controller/Processor that originally collected your personal information may and/or will need to transfer such personal information to the new applicable Controller/Processor and/or Payments Controller/Processor. The new Controller/Processor and/or Payment Controller/Processor will continue to process your personal information as described in the Privacy Policy and Subpage when applicable.
2.4 Contact Us.To contact the Controller and/or Processor, the Payments Controller and/or Processor,or the Data Protection Officer for Mydiggz send email to mydiggz.privacy@gmail.com
3. PROCESSING OF PAYMENTS INFORMATION.
3.1 Information Necessary For Use of Payment Services.The Payments Controller needs to collect the following information necessary for the performance of the contract with you and to comply with applicable law (such as anti-money laundering regulations). Without it, you will not be able to use Payment Services.
3.1.1 Payment Information.When you use the Payment Services, the Payments Controller requires certain financial information (such as your mobile money account or bank account or credit card information) in order to process payments and comply with applicable law.
3.1.2 Identity Verification and Other Information.The Payments Controller may require identity verification information (such as images of your government issued ID document(s), passport, national ID card, tax ID, or driving license) or other authentication information (such as your date of birth, address, email address, or phone number) and other information in order to verify your identity, provide Payment Services to you, and comply with applicable law.
3.2 How the Payments Controller Uses Personal Information Collected.We may use personal information as a part of Payment Services to:
- enable or authorise third parties to use the Payment Services,
- detect and prevent money laundering, fraud, abuse, and security incidents,
- conduct security investigations and risk assessments,
- comply with legal obligations (such as anti-money laundering regulations),
- enforce the Payment Terms and other payment policies,
- with your consent, send you promotional messages, marketing, advertising, and other information that may be of interest to you based on your preferences
- provide and improve the Payment Services.
4. . PROCESSING OF INFORMATION RELATED TO THE EU DIGITAL SERVICES ACT.
4.1 Information Necessary for EU Digital Services Act Compliance.n addition to the information we collect about you as described in the Privacy Policy, we may collect the following information necessary to comply with the EU Digital Services Act:
4.1.1 Information Needed to Use Mydiggz Platform.If you are acting for purposes relating to your trade, business, craft or profession and are offering your services to consumers located in the European Union, Mydiggz may collect the following additional information to enable you to conduct business on Mydiggz Platform. Without it, you will not be able to use Mydiggz Platform.
4.1.1(i) Trade Register Information.Where you are registered in a trade register or similar public register, the trade register in which you are registered and your registration number, or equivalent means of identification in that register;
4.1.1(ii) Self-Declaration Information.A self-declaration in which you commit to only offer services that comply with the applicable rules of EU law.
4.1.2 Information you Choose to Give Us. Information you choose to provide us may also include other information, such as when you notify us about content or any other information you consider to be illegal or criminal, lodge a complaint in relation to a decision that content is illegal or incompatible with our Terms and other policies.
4.1.3 Personal Information We Collect from Third Parties. To the extent permitted by applicable law, we may receive information about you, such as information to help detect illegal content or content incompatible with our Terms and other policies from (i) third-party service providers and/or partners, or (ii) Community Members and any other individuals, entities, authorities, and/or other third parties alleging the information in question to be illegal content or content incompatible with our Terms and other policies and combine it with information we have about you.
4.2 How Mydiggz Uses Personal Information Collected. We will use and share your personal information for the purposes described in the Privacy Policy and in line with the legal bases set out in the following section of this Subpage.
5. LEGAL BASES FOR PROCESSING PERSONAL INFORMATION.
We process personal information for the purposes described in the Privacy Policy in line with the lawful bases set out below. Where a country does not require us to specify our lawful bases for processing personal information, the lawful bases under the laws of that country may differ from those specified here, even where the purposes for processing are similar. For more information on the processing activities, please refer to the relevant section of the Privacy Policy.
5.1 Processing Based on Legitimate Interest.
If Mydiggz Platform is the Controller for processing performed by Mydiggz based on a legitimate interest, you can request that Mydiggz do not process your personal information by providing reasons specific to your circumstances. If you object to such processing, Mydiggz will review and will no longer process your personal information for these purposes unless we have compelling legitimate grounds for such processing, or otherwise where such processing is required for the establishment, exercise, or defence of legal claims. We will let you know the outcome of our review. You may exercise your rights to object to such processing by sending us an email.
5.2 How We Use Information We Collect.
Provide Mydiggz Platform | We process this personal information to provide Mydiggz Platform, and where it is necessary for the adequate performance of the contract with you. | For these purposes, we use the information described in the following sections of the Privacy Policy: |
Improve and Develop Mydiggz Platform. | We process this personal information for these purposes given our legitimate interest in improving and developing Mydiggz Platform, and our users’ experience with it, and where it is necessary for the adequate performance of the contract with you. | For these purposes, we use the information described in the following sections of the Privacy Policy: |
Personalize and Customize Mydiggz Platform. | We process this personal information for these purposes given our legitimate interest in providing you with a more personalized experience based on your interactions on Mydiggz Platform, your search and booking history, your profile information and preferences, and other content you submit. | For these purposes, we use the information described in the following sections of the Privacy Policy: |
Safeguard Mydiggz Platform and the Community. | We process this personal information for these purposes given our legitimate interest in protecting Mydiggz Platform, and our users, to verify your identity for safety and security purposes, for further safety and security purposes, running sanctions checks, preventing fraud and conducting background checks (where permitted under applicable law), to measure the adequate performance of our contract with you, to detect, prevent, identify and remove, or disable access to illegal content or content incompatible with our Terms and other policies, to develop and improve our products and security practices, to comply with applicable legal obligations, for the protection of your or another person's vital interests, and for reasons of public interest in the area of public health, such as protecting against serious cross-border threats to health. | For these purposes, we use the information described in the following sections of the Privacy Policy:
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Provide, Personalize and Measure, and Improve our Advertising and Marketing. | We will process this personal information with your consent or based on our legitimate interest in undertaking marketing activities to offer you products or services that may be of interest to you. | For these purposes, we use the information described in the following sections of the Privacy Policy: |
Analyze Your Communications. | These activities are carried out based on Mydiggz's legitimate nterest in providing, improving and developing, personalizing and customizing, and safeguarding Mydiggz Platform and where necessary to ensure compliance with applicable laws and our Terms. | For these purposes, we use the information described in the following sections of the Privacy Policy: |
Provide Payments Services. | The Payments Controller processes this personal information given its legitimate interest in improving the Payment Services and its users’ experience with it, and where it is necessary for the adequate performance of the contract with you and to comply with applicable laws. | For these purposes, we use the information described in the following sections of the Privacy Policy: |
5.3 Comply with Law, Respond to Legal Requests, Prevent Harm, and Protect Our Rights.
Comply with Law, Respond to Legal Requests, Prevent Harm, and Protect Our Rights. | These disclosures may be necessary to comply with our legal obligations, for the protection of a person's vital interests, for reasons of public interest in the area of public health, such as protecting against serious cross-border threats to health, for reasons of substantial public interest, where necessary and proportionate for or in connection with current or prospective legal claims or legal proceedings against Mydiggz or a third party, or for the purposes of Mydiggz's or a a third party’s legitimate interest in keeping Mydiggz secure, preventing a breach of the law, harm or crime, enforcing or defending legal rights, claims, or obligations, facilitating the collection of taxes and prevention of tax fraud or preventing loss or damage. | For these purposes, we use the information described in the following sections of the Privacy Policy: |
5.4 DAC7 Compliance.
As further set out in our Non-User DAC7 Privacy Notice, we are obliged to comply with certain tax laws. In the European Union, the following tax legislation is relevant in the context of the data processing carried out by Mydiggz:
APPLICABLE LEGAL OBLIGATION | DATA CATEGORIES DISCLOSED | THIRD-PARTY RECIPIENT |
DAC7 – European Council Directive 2021/514. |
If you provide us with certain information (such as name and bank account details) relating to non-users who reside in the EU, or who receive income from properties/experiences located in the EU, we will be obliged to share this information with the relevant authorities. | The Relevant Revenue Authority will be shared on creating the listing/service. The mentioned authority will share information relating to you with the relevant local tax authority/ies in the EU. |
6. YOUR RIGHTS.
You benefit from rights pursuant to applicable law. While some of these rights apply generally, certain rights apply only in certain limited cases, which may vary by country. We may ask you to verify your identity and request before taking further action on your request.
6.1 Access and Portability.
You may request certain copies of your personal information held by us. In certain instances, you also have the right to request copies of personal information that you have provided to us in a structured, commonly used, and machine-readable format and/or request us to transmit this information to another service provider (where technically feasible).
6.2 Rectification.
You may ask us to correct inaccurate or incomplete personal information about you (and which you cannot update yourself within your Mydiggz account).
6.3 Erasure.
We generally retain your personal information for as long as is necessary for the performance of the contract between you and us, to comply with our legal obligations, and as permitted by applicable law. You may ask us to delete your personal information, subject to certain limitations and restrictions. Please note that if you request the erasure of your personal information:
6.3.1 Legitimate Business Interests.
We may retain personal information as necessary for our legitimate business interests, such as prevention of money laundering, fraud detection and prevention, and enhancing safety. For example, if we suspend a particular Mydiggz account for fraud or safety reasons, we may retain information from that account to prevent that Member from opening a new Mydiggz account in the future.
6.3.2 Legal, Tax, Reporting, and Auditing Obligations.
We may retain and use your personal information to the extent necessary to comply with our legal, tax, reporting, and auditing obligations.
6.3.3 Shared Information.
Information you have shared with others, such as Reviews and forum postings, may continue to be publicly visible on Mydiggz, even after your Mydiggz account is cancelled.
6.3.4 Residual Copies.
Because we maintain Mydiggz to protect from accidental or malicious loss and destruction, residual copies of your personal information may not be removed from our backup systems for a limited period of time.
6.4 Withdrawing Consent.
If we are processing your personal information based on your consent you can withdraw your consent at any time by by sending a communication to Mydiggz specifying which consent you are withdrawing. Please note that the withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal.
6.5 Restriction of Processing.
You may ask us to limit the ways in which we use your personal information, in particular where: (i) you contest the accuracy of your personal information, (ii) the processing is unlawful and you oppose the erasure of your personal information, (iii) we no longer need your personal information for the purposes of the processing, but you require the personal information for the establishment, exercise, or defence of legal claims, or (iv) you have objected to the processing pursuant to Section 6.6 (below) and pending the verification whether the legitimate grounds of Mydiggz override your own.
6.6 Objection to Processing.
You may contact us to tell us that you object to the processing of your personal information based on grounds specific to your situation if such processing is for direct marketing or is for a purpose based on a legitimate interest or public interest. If you object to processing based on legitimate or public interests, we will no longer process your personal information for these purposes unless we have compelling legitimate grounds for such processing or where the processing is otherwise lawful or required for the establishment, exercise, or defence of legal claims. To submit an objection, including objections related to the processing of your personal information for direct marketing purposes, you may send us an email at mydiggz.privacy@gmail.com
6.7 Lodging Complaints.
You have the right to lodge complaints about our data processing activities by filing a complaint with our Data Protection Officer, who can be reached by emailing mydiggz.privacy@gmail.com or with your local supervisory authority.