Privacy Policy for "Your Next Home"

This Privacy Policy explains how "Your Next Home" ("we," "us," or "our"), a real estate website registered in Kenya, collects, uses, stores, and protects your personal information when you use our website (the "Website") and services (the "Services"). We are committed to safeguarding your privacy and ensuring compliance with the Data Protection Act, 2019 and other applicable Kenyan laws. By using our Website or Services, you consent to the collection and use of your personal information as described in this policy.

1. Introduction

Purpose: This Privacy Policy outlines our practices for collecting, processing, storing, and protecting your personal data, ensuring transparency and compliance with Kenyan law.

Scope: This policy applies to all users of the Website and Services, including individuals browsing, registering accounts, listing properties, or engaging in transactions.

Legal Compliance: We are registered with the Office of the Data Protection Commissioner (ODPC) (Registration Number: [Insert Number]) and adhere to the Data Protection Act, 2019, which gives effect to Article 31(c) and (d) of the Constitution of Kenya, 2010, ensuring your right to privacy.

2. Information We Collect
We collect the following types of personal information to provide and improve our Services:

• Personal Details: Name, email address, phone number, physical address.
• Property Information: Details about properties you list or inquire about, such as address, type, price, and related data.
• Communication Data: Information from interactions with us, including emails, chat messages, or inquiries.
• Technical Data: Information about your use of our Website, such as IP address, browser type, device information, and usage patterns.
• Financial Information: Payment details if you make transactions through our Website, processed securely by our payment processor (we do not store this information).
• Sensitive Personal Data: ID documents or other sensitive data for verification purposes, collected only with your explicit consent.

We collect data directly from you, through automated means (e.g., cookies), or from third parties with your consent.

3. How We Use Your Information
We use your personal information for the following purposes, in line with the principles of lawfulness, fairness, and transparency:

• To provide and maintain our Services, including listing properties, facilitating transactions, and responding to inquiries.
• To personalize and improve your experience on our Website.
• To send updates, newsletters, or marketing communications, if you have consented.
• To comply with legal obligations, such as tax or regulatory reporting.
• To protect our rights and prevent fraud or unauthorized activities.

4. Legal Basis for Processing
We process your personal data based on the following legal bases under the Data Protection Act, 2019 (Section 30):

• Consent: Where you provide explicit consent for processing, such as for marketing or sensitive data.
• Contractual Necessity: Where processing is necessary to perform a contract, such as facilitating property transactions.
• Legal Obligation: Where processing is required to comply with laws, such as reporting to authorities.
• Legitimate Interests: Where processing is necessary for our legitimate interests (e.g., improving services), provided your rights are not overridden.

5. Sharing Your Information
We may share your personal information with:

• Service Providers: Trusted third parties, such as hosting providers, payment processors, or marketing agencies, who are bound by confidentiality agreements and comply with the Data Protection Act, 2019.
• Regulatory Authorities: Law enforcement or government bodies, if required by law or to protect our rights.
• Third Parties with Consent: For example, real estate agents or property owners, if you request data sharing.

We do not sell your personal data for marketing purposes without your explicit consent.

6. Data Retention
We retain your personal data only for as long as necessary to fulfill the purposes for which it was collected or as required by law (Section 25, Data Protection Act, 2019). For example:

• Property listing data is retained while active and for a reasonable period thereafter for record-keeping.
• Communication data is kept for customer support and dispute resolution purposes. Once no longer needed, we securely delete or anonymize your data.

7. Your Rights
Under the Data Protection Act, 2019 (Section 26), you have the following rights:

• Right to Be Informed: Know how your personal data is used.
• Right of Access: Request access to your personal data we hold.
• Right to Rectification: Request correction of inaccurate or incomplete data.
• Right to Erasure: Request deletion of your data, subject to legal exceptions.
• Right to Restriction of Processing: Request restriction of data processing in certain cases.
• Right to Data Portability: Receive your data in a structured, commonly used, machine-readable format.
• Right to Object: Object to processing for specific purposes, such as direct marketing.
• Rights Regarding Automated Decision-Making: Protection against decisions based solely on automated processing.

To exercise these rights, contact us using the details below. We will respond within the timelines prescribed by law.

8. Data Security
We implement technical and organizational measures to protect your personal data from unauthorized access, disclosure, alteration, or destruction (Section 41, Data Protection Act, 2019). These include:

• Encryption of sensitive data.
• Secure storage and transmission protocols.
• Regular security audits and updates.

While we strive to ensure data security, no method of internet transmission or storage is completely secure. In case of a data breach posing a high risk to your rights, we will notify you and the ODPC within 72 hours (Section 43).

9. Cookies
Our Website uses cookies and similar technologies to enhance functionality and analyze usage. Cookies are small files stored on your device to remember preferences and improve services. We use:

• Necessary Cookies: Essential for Website functionality.
• Preference Cookies: Store your settings and preferences.
• Statistics Cookies: Collect anonymized data on Website usage.
• Marketing Cookies: Deliver personalized advertising, with your consent.

10. Data Transfers
Your personal data may be transferred outside Kenya for processing or storage. We ensure such transfers comply with the Data Protection Act, 2019, using safeguards like standard contractual clauses or other mechanisms approved by the ODPC.

11. Sensitive Personal Data
We may collect sensitive personal data, such as ID documents, for verification purposes. This is processed only with your explicit consent and under strict security measures, as required by the Data Protection Act, 2019.

12. Data Breaches
In the event of a personal data breach likely to result in a high risk to your rights and freedoms, we will notify you and the ODPC without undue delay, within 72 hours of becoming aware, as mandated by Section 43 of the Data Protection Act, 2019. Notifications will include details of the breach, measures taken, and contact information for further inquiries.

13. Changes to This Policy
We may update this Privacy Policy to reflect changes in legal requirements or business practices. You will be notified via email or a Website notice. Continued use of our Services after such changes constitutes acceptance of the updated policy.

14. Complaints
If you believe your data protection rights have been violated, you may lodge a complaint with the ODPC:

Complaints should include your details, the nature of the issue, and supporting documents, as outlined in the ODPC’s Personal Data Protection Handbook.

15. Contact Us
For questions about this Privacy Policy or our data practices, contact: