PRIVACY POLICY

1.1. In this privacy policy ("Policy"), SportPesameans the brand operationalized in Kenya by a Kenya registered company withregistration number PVT-9XUGA85, whose address for purposes hereof is at TheChancery, Valley Road, Nairobi ("Company"). 1.2. SportPesa understands that your privacy is important toyou and that you care about how your information is used and shared online. Werespect and value the privacy of everyone who visits Our Site and will onlycollect and use information in ways that are useful to you and in a mannerconsistent with your rights and our obligations under the law.1.3. This Policy applies to our use of any and all datacollected by us in relation to your use of Our Website. This Policy aims togive you information on how SportPesa collects and processes your personal datathrough your use of this Website, including any data you may provide throughthis Website when you sign up to our Terms and Conditions Or use our servicesor products OR take part in a competition OR Games available on the Website.1.4. This Website is not intended for children under 18years of age. No one under age 18 may provide any information to or on thisWebsite and we do not knowingly collect personal information from childrenunder 18 years. If you are under 18, do not (i) use or provide any informationon this Website or on or through any of its features, (ii) register on thisWebsite or (iii) provide any information about yourself to us, including yourname, address, telephone number, e-mail address, or any screen name or username you may use. If we learn we have collected or received personalinformation from a child under 18 years without verification of parentalconsent, we will delete that information. If you believe we might have anyinformation from or about a child under 18, please contact us atdpo@ke.sportpesa.com.1.5. This Policy supplements our Terms and Conditionshttps://www.ke.sportpesa.com/terms_and_conditions and is not intended tooverride them.1.6. Please read this Policy carefully and ensure that youunderstand it. If you do not agree with our policies, your choice is not to usethis Website. By accessing this Website or signing up for an Account, you aredeemed to agree  to this Policy. You willbe required to read and accept this Policy when signing up for an Account. Ifyou do not accept and agree with this Policy, you must stop using this Websiteimmediately. 2. DEFINITIONS-2.1. In this Policy the following terms shall have thefollowing meanings:“Account” means an account required to access and/or usecertain areas and features of Our Site;“Cookie” means a small text file placed on your computer ordevice by Our Site when you visit certain parts of Our Site and/or when you usecertain features of Our Site. Details of the Cookies used by Our Site are setout in section 6, below;“Our Site” or "Website" means this Website/s,ke.sportpesa.com; www.sportpesa.co.ke or any derivative or replacement thereofany other website made available by the Company or the Data Processor inconnection with or for purposes of accessing the services, products or gamesoffered by the Company or the Data Processor from time to time;“Kenyan Law” means The Constitution of Kenya, the Access toInformation Act, 2016, Act No. 31 of 2016 of the Laws of Kenya, the KenyaInformation and Communications Act, 1998, Act No. 2 of 1998 of the Laws ofKenya, the Data Protection Act, 2019 of Kenya, Act No. 24 of 2019 of the Lawsof Kenya and any other relevant law in Kenya relating to privacy and dataprotection;“Personal data” means any information relating to anidentified or identifiable natural person. It can include obvious identifierslike your name but also identification numbers, location, online identifiersand/or one or more factors specific to the physical, physiological, genetic,mental, economic, cultural or social identity of that person;GDPR means the General Data Protection Regulation 2016/679of the European Union;EEA means the European Economic Area;PEP means a Politically Exposed Person (PEP) means a personwho has been entrusted with a prominent public function in a country orjurisdiction including:(a) Members of cabinet;(b) Senior executives of state-owned corporations;(c) Important political party officials;(d) Senior military officials and other members of thedisciplined forces;(e) Members of the Judiciary;(f) Senior state officers;(g) Senior public officers;(h) Senior official of an international organization; and(i) Any immediate family member or close business associateof a person referred to under this sub regulation above.Terms and Conditions means our General Terms and Conditionsaccepted by you for purposes of opening an Account.2.2. Reference to a statute or statutory provision is areference to it as amended, extended, supplemented or re-enacted from time totime. A reference to a statute or statutory provision shall include anysubordinate legislation made from time to time under that statute or statutoryprovision.2.3. Our Site/s, ke.sportpesa.com; www.sportpesa.co.ke, ismanaged and operated by Milestone Games Limited, The Chancery, 3rd Floor,Valley Road, Nairobi as a Data Processor.2.4. The Website may only be accessed by persons residing inthe Republic of Kenya. 3. SCOPE – WHAT DOES THIS POLICY COVER?-3.1. This Privacy Policy applies only to your use of OurSite. It does not extend to any websites that are linked to Our Site (whetherwe provide those links or whether they are shared by other users). We have nocontrol over how your data is collected, stored or used by other websites andwe advise you to check the privacy policies of any such websites beforeproviding any data to them.3.2. In this Policy: 3.2.1. Milestone Games Limited is your data controller.3.2.2. the data processors include Milestone Games Limited,Standard Global East Africa Limited, SPS Sportsoft Limited, SportPesa GlobalHoldings and any other persons who, under the direct authority of the datacontroller or of Milestone Games Limited is appointed to provide certain dataprocessing services to the Company, in connection with, or for purposes of,rendering the services to you from time to time. By accepting this Policy, youhereby freely and unequivocally consent and agree to the sharing of yourpersonal data to any additional data processor as envisaged in this section3.2.2 and for the processing of your personal data by any such appointed dataprocessor for the purpose of, or in connection with, the rendering of theservices or the Company’s products to you from time to time pursuant to theTerms and Conditions.3.3. Arising from the foregoing, reference to"you", "your", the "player","customers", or "subscriber" is reference to any personusing the Company gaming/betting platform or the services and/ or any registeredcustomer of the Company thereof. Reference to "the Company","us", "our" "we" is reference to the Company andor its successors in title and assigns and, where the context so requires, itsagents, service providers, data processors including in particular the dataprocessor referred to, or contemplated under, under section 3.2.2.3.4. We have appointed a Data Protection Officer (DPO) whois responsible for overseeing questions in relation to this Policy. If you haveany questions about this Policy, including any requests to exercise your legalrights, please contact the DPO by emailing dpo@ke.sportpesa.com. 4. WHAT DATA DO WE COLLECT?-4.1. We collect the following information:4.1.1. some data will be collected automatically by OurSite. For further details about our cookies and how we manage them, please seesection 6 on Our use of Cookies;4.1.2. other data will only be collected if you voluntarilysubmit it and consent to us using it for the purposes set out in section 5, forexample, when signing up for an Account;4.1.3. Data may also be collected from third party sourcesto assist us with background and other checks as part of meeting our regulatoryobligations. 4.2. Depending upon your use of Our Site, we may collect,use, store and transfer some or all of the following data:4.2.1. name (including first name, maiden name, last name,username or similar identifier);4.2.2. date of birth;4.2.3. gender;4.2.4. Identification (ID) Card/ passport number;4.2.5. occupation/ source of living/ source of wealth;4.2.6. contact information such as physical addresses,postal addresses, email addresses and telephone numbers;4.2.7. demographic information such as post code,preferences and interests, feedback and survey responses;4.2.8. financial information such as credit / debit cardnumbers and bank account information;4.2.9. IP address (automatically collected);4.2.10. web browser type and version, your login data, timezone setting and location, browser plug-in types and versions, operating systemand platform, and other technology on the devices you use to access Our Site(automatically collected);4.2.11. operating system (automatically collected);4.2.12. a list of URLs starting with a referring site, youractivity on Our Site, and the site you exit to (automatically collected);.4.2.13. transaction data including details about payments toand from you and other details of products and services you have acquired fromus;4.2.14. usage data including information about how you useOur Site, products and services; and4.2.15. marketing and communications data including yourpreferences in receiving marketing from us and our third parties and yourcommunication preferences.4.3. We also collect, use and share aggregated data such asstatistical or demographic data for any purpose. Aggregated data could bederived from your personal data but is not considered personal data in law asthis data will not directly or indirectly reveal your identity. For example, wemay aggregate your usage data to calculate the percentage of users accessing aspecific Website feature. However, if we combine or connect aggregated datawith your personal data so that it can directly or indirectly identify you, wetreat the combined data as personal data which will be used in accordance withthis Policy.4.4. Except as permitted or required by law, we do notcollect any sensitive personal data about you. This includes details about yourrace, health status, ethnic social origin, conscience, belief, genetic data,biometric data, property details, marital status, family details includingnames of your children, parents, spouse or spouses, sex or sexual orientation.4.5. Where we need to collect personal data by law, or underthe terms of a contract we have with you, and you fail to provide that datawhen requested, we may not be able to perform the contract we have or aretrying to enter into with you (for example, to provide you with goods orservices). In this case, we may have to cancel a product or service you havewith us but we will notify you if this is the case at the time. 5. HOW DO WE USE YOUR DATA?-5.1. All personal data is stored securely in accordance withKenyan Law and the GDPR where applicable. For more details on security seesection 8, below.5.2. We use and process your data to provide the bestpossible online experience and gambling services to you. This includes:5.2.1. To register you as a new customer;5.2.2. Providing and managing your Account;5.2.3. Providing and managing your access to Our Site;5.2.4. Personalising and tailoring your experience on OurSite;5.2.5. Supplying our products and services to you;5.2.6. To process and deliver your instructions or requestsincluding:5.2.6.1. managing payments, fees and charges;5.2.6.2. collecting and recovering money owed to us;5.2.7. To manage our relationship with you which willinclude:5.2.7.1. notifying you about changes to our Terms andConditions or this Policy;5.2.7.2. asking you to leave a review or take a survey;5.2.8. Personalising and tailoring our products and servicesfor you;5.2.9. Responding to communications from you;5.2.10. Supplying you with emails e.g. newsletters, alertsetc. that you have subscribed to by ticking the appropriate box in theregistration process. You may unsubscribe or opt-out at any time by contactingcare@ke.sportpesa.com or texting “stop” or “unsubscribe” to the short code29050 or any shortcode that might be used for this communication as perapplicable  Kenyan Law at the time;5.2.11. Market research;5.2.12. Analysing your use of Our Site and gatheringfeedback to enable us to continually improve Our Site, our services andproducts and your user experience;5.2.13. Ensuring the legality of supplying our services fromthe location you are accessing from;5.2.14. Reduction of fraud, cheating, money laundering riskand other illegal activities;5.2.15. Monitoring and detection of problem gambling risk;5.2.16. Liaising with third parties to help verify youridentity, credit worthiness, source of funds and wealth against independentinformation sources they may hold;5.2.17. Comply with obligations as set out in our Terms andConditions (contractual obligations);5.2.18. Comply with licensing and regulatory requirements;5.2.19. To enable you to participate in a prize draw,competition or complete a survey;5.2.20. To administer and protect our business and thisWebsite (including troubleshooting, data analysis, testing, system maintenance,support, reporting and hosting of data);5.2.21. To deliver relevant website content andadvertisements to you and measure or understand the effectiveness of theadvertising we serve to you;5.2.22. To use data analytics to improve Our Website,products/services, marketing, customer relationships and experiences; and5.2.23. To make suggestions and recommendations to you aboutour goods or services that may be of interest to you.5.3. In some cases, the collection of data may be astatutory or contractual requirement.5.4. We will ensure that your personal data is processedlawfully, fairly, and transparently, without adversely affecting your rights.We will only process your personal data if at least one of the followingapplies:5.4.1. to render services and products to you in accordancewith, and based on, our Terms and Conditions or otherwise as provided orenvisaged in this Policy; 5.4.2. you have given consent to the processing of yourpersonal data for one or more specific purposes;5.4.3. processing is necessary for the performance of acontract to which you are a party or in order to take steps at your requestprior to entering into a contract;5.4.4. processing is necessary for compliance with a legalobligation to which we are subject;5.4.5. processing is necessary to protect your interests orthe interests of another natural person;5.4.6. processing is necessary for the performance of a taskcarried out in the public interest or in the exercise of official authorityvested in the controller; and/or5.4.7. processing is necessary for the purposes of thelegitimate interests pursued by us or by a third party, except where suchinterests are overridden by the fundamental rights and freedoms of the datasubject which require protection of personal data, in particular where the datasubject is a child.5.5. Note that we may process your personal data for morethan one lawful ground depending on the specific purpose for which we are usingyour data. 5.6. We may use your personal data for marketing purposesbased on the following personal data control mechanisms:5.6.1. Promotional offers from us5.6.1.1. we may use your identity, contact, technical,usage, profile data or any other personal data to form a view on what we thinkyou may want or need, or what may be of interest to you. This is how we decidewhich products, services and offers may be relevant for you.5.6.1.2. You will receive marketing communications from usif you have requested information from us or purchased goods or services fromus and you have not opted out of receiving marketing information. Such materialmay be sent to you by email AND/OR telephone AND/OR text message AND/OR postwith information, news and offers on our products AND/OR services.5.6.2. Third-Party Marketing5.6.2.1. We will get your express opt-in consent before weshare your personal data with any third party for marketing purposes. 5.6.2.2. We will only send third party direct marketingcommunications to you via email or text message with your consent if you opt into receiving third party marketing communication. You have the right towithdraw consent to marketing at any time by contacting us.5.6.3. Opting OutYou can ask us or third parties to stop sending youmarketing messages at any time by logging into the Website and checking orunchecking relevant boxes to adjust your marketing preferences OR by followingthe opt-out links on any marketing message sent to you OR by contacting us atany time.5.7. We will not, however, send you any unsolicitedmarketing or spam and will take all reasonable steps to ensure that we fullyprotect your rights and comply with our obligations under Kenyan Law and, whereapplicable the GDPR and the Privacy and Electronic Communications (ECDirective) Regulations 2003, as amended in 2004, 2011 and 2015. 6. COOKIES-6.1. We use cookies to monitor your use of Our Website. Weuse Cookies to make Our Website easier to use and to better tailor our productsand services to your interests and needs. They help Our Website recognise yourdevice and remember information about your visit like your preferences,settings and how you use Our Website.6.2. You can set your browser to refuse all or some browsercookies, or to alert you when websites set or access cookies. If you disable orrefuse cookies, please note that some parts of Our Website may becomeinaccessible or not function properly. For more information about the cookieswe use and how to manage them, please see visithttps://www.ke.sportpesa.com/cookies_policy.  7. CHANGE OF PURPOSE-7.1. We will only use your personal data for the purposesfor which we collected it, unless we reasonably consider that we need to use itfor another reason and that reason is compatible with the original purpose. Ifyou wish to get an explanation as to how the processing for the new purpose iscompatible with the original purpose, please contact us oncare@ke.sportpesa.com.7.2. If we need to use your personal data for an unrelatedpurpose, we will notify you and seek your consent to do so. You agree andconsent to us reaching out to you for this purpose to be a proper andauthorized use of your personal  8. HOW AND WHERE DO WE STORE YOUR DATA?-8.1. We only keep your data for as long as we need to inorder to use it as described above in section 5, and/or for as long as we haveyour permission to keep it. In any event, we will conduct an annual review toascertain whether we need to keep your data. Your data will be deleted if we nolonger need it in accordance with the terms of our Information Security Policyand Data Protection Policy.8.2. Some or all of your data will be stored in Kenya. Youare deemed to accept and agree to this by using Our Site and submittinginformation to us. If we do store or transfer data outside Kenya, we will takeall reasonable steps to ensure that your data is treated as safely and securelyas it would be in Kenya or within the EEA and under the GDPR and Kenyan Law.Such steps may include, but not be limited to, the use of legally bindingcontractual terms between us and any third parties we engage in the use of theEU-approved Model Contractual Arrangements. We have put in place the followingsafeguards to protect your data:8.2.1. 3rd Party Assurance that 3rd party complies with GDPRand Kenyan Law;8.2.2. Model clauses agreed and approved from the EU;8.2.3. We limit access to your personal data to thoseemployees, agents, contractors and other third parties who have a business needto know. They will only process your personal data on our instructions and theyare subject to a duty of confidentiality;8.2.4. Contractual clauses that stipulate specific controlsaligned with our internal policies, as stated in section 8.2;8.2.5. Security and Data Protection notification with setService Level Agreements;8.2.6. Right to Audit;8.3. Information security is of great importance to us, andto protect your data, we have put in place suitable physical, electronic andmanagerial procedures to safeguard and secure data collected through Our Site.8.4. Steps We take to secure and protect your data include:8.4.1. Dedicated Information Security team and operations;8.4.2. Annual review and external audit;8.4.3. Alignment with ISO 27001 and operational InformationSecurity Management System (ISMS);8.4.4. Designation of a data protection officer; and8.4.5. Continuous Improvement project of all securitycontrols.8.5. Notwithstanding the security measures that we take, itis important to remember that the transmission of data via the internet may notbe completely secure. Although we will do our best to protect your personaldata, we cannot guarantee the security of your data transmitted to Our Website.Any transmission is at your own risk and that you are advised to take suitableprecautions when transmitting to us data via the internet. Once we havereceived your information, we will use strict procedures and security featuresto prevent unauthorized access.9. DO WE SHARE YOUR DATA?-9.1. We may share your data with other companies in OurGroup. Reference to “Group” includes our affiliated companies conducting thesame business including without limitation any parent company, any subsidiary,any company or entity which is a subsidiary of, or is for the time beingdirectly or indirectly controlled by, the parent company; or any entity withwhich the Company has entered into a joint venture or service level agreementor similar instruments or agreements for purposes of provision of gamingservices and products and ancillary services to customers.9.2. We may contract with third parties to supply productsand services to you on Our behalf. These may include payment processing,delivery of goods, search engine facilities, advertising and marketing. In somecases, the third parties may require access to some or all of your data. Whereany of your data is required for such a purpose, we will take all reasonablesteps to ensure that your data will be handled safely, securely, and inaccordance with your rights, our obligations, and the obligations of the thirdparty under the law. We do not allow our third-party service providers to useyour personal data for their own purposes and only permit them to process yourpersonal data for specified purposes and in accordance with our instructions.9.3. We may compile statistics about the use of Our Siteincluding data on traffic, usage patterns, user numbers, sales and otherinformation. All such data will be anonymised and will not include anypersonally identifiable information. We may from time to time share such datawith third parties such as prospective investors, affiliates, partners andadvertisers. Data will only be shared and used within the bounds of the law.9.4. In certain circumstances we may be legally required toshare certain data held by us, which may include your personal information, forexample, where we are involved in legal proceedings, where we are complyingwith the requirements of legislation, a court order, or a governmentalauthority. We do not require any further consent from you in order to shareyour data in such circumstances and will comply as required with any legallybinding request that is made of us.10. WHAT HAPPENS IF OUR BUSINESS CHANGES HANDS?-10.1. We may, from time to time, expand or reduce ourbusiness and this may involve the sale and/or the transfer of control of all orpart of our business. We may seek to acquire other businesses or merge withthem. Data provided by users will, where it is relevant to any part of ourbusiness so transferred, be transferred or merged, along with that part and thenew owner or newly controlling party will, under the terms of this Policy, bepermitted to use the data for the purposes for which it was originallycollected by us.10.2. In the event that any of your data is to betransferred in such a manner, you will be contacted in advance and informed ofthe change11. HOW CAN YOU CONTROL YOUR DATA?-When you submit information via Our Site, you may be givenoptions to restrict Our use of your data. We aim to give you strong controls onOur use of your data including the ability to opt-out of receiving emails fromus which you may do by unsubscribing using the links provided in Our emails andat the point of providing registration AND/OR by managing your Account.12. YOUR RIGHT TO WITHHOLD INFORMATION AND YOUR RIGHT TOWITHDRAW INFORMATION AFTER YOU HAVE GIVEN IT-12.1. You may in some cases access certain areas of Our Sitewithout providing any data at all. However, to use all features and functionsavailable on Our Site you may be required to submit or allow for the collectionof certain data.12.2. You may restrict your internet browser’s use ofCookies. For more information, see section 6 about Our cookies. 12.3. You may withdraw your consent for us to use yourpersonal data as set out in section 5 above at any time by contacting us oncare@ke.sportpesa.com. However, you acknowledge this may limit our ability toprovide the best possible products and services to you13. HOW CAN YOU ACCESS YOUR DATA?-You have the legal right to ask for a copy of any of yourpersonal data held by Us (where such data is held). Please contact Us for moredetails at care@ke.sportpesa.com and request how to ask for a subject accessrequest.14. SUMMARY OF YOUR RIGHTS UNDER KENYAN LAW AND THE GDPR-14.1. Under various Laws, you have:14.1.1. the right to request access to, deletion of orcorrection of, your personal data held by us;14.1.2. the right to complain to a supervisory authority;14.1.3. be informed of what data processing is taking place;14.1.4. the right to restrict processing;14.1.5. the right to data portability;14.1.6. object to processing of all or part of your personaldata;14.1.7. rights with respect to automated decision-making andprofiling (see section 15 below).14.2. The above rights may be subject to limitations orrestrictions as a result of our own regulatory obligations. To enforce any ofthe foregoing rights or if you have any other questions about Our Site or thisPolicy, please contact us using the details set out in section 15 below.15. AUTOMATED DECISION-MAKING AND PROFILING-15.1. In the event that we use personal data for thepurposes of automated decision- making and those decisions have a legal (orsimilarly significant effect) on you, you have the right to challenge suchdecisions under GDPR or Kenyan Law, requesting human intervention, expressingtheir own point of view, and obtaining an explanation of the decision from us.15.2. The right described in section 15.1 does not apply inthe following circumstances:15.2.1. The decision is necessary for the entry into, orperformance of, a contract between the you and us;15.2.2. The decision is authorised by law; or15.2.3. You have given you explicit consent.15.3. Where we use your personal data for profilingpurposes, the following shall apply:15.3.1. Clear information explaining the profiling will beprovided, including its significance and the likely consequences;15.3.2. Appropriate mathematical or statistical procedureswill be used;15.3.3. Technical and organisational measures necessary tominimise the risk of errors and to enable such errors to be easily correctedshall be implemented; and15.3.4. All personal data processed for profiling purposesshall be secured in order to prevent discriminatory effects arising out ofprofiling.15.4. We currently make the following automated decisions:15.4.1. PEPs and Clear information explaining the profilingwill be provided, including its significance and the likely consequences;15.4.2. Money Laundering and Anti-Terrorism funding;15.4.3. Problem Gambling monitoring and detection; and15.4.4. Supplying of rates and odds.15.5. We currently profile your personal data for thefollowing purposes:15.5.1. Ensuring correct geographical version of theplatform is presented;15.5.2. Ensuring correct technical platform version of theplatform is presented;15.5.3. Ensuring correct language version of the platform ispresented;15.5.4. Ensuring correct odds are offered; and15.5.5. Ensuring the correct time on the site is presented.16. CONTACTING US-If you have any questions about Our Site or this Policy,please contact Us directly by email at care@ke.sportpesa.com; by telephone(+254709079079 or +254755079079), or by post at P.O. Box 25675-00100. Pleaseensure that your query is clear, particularly if it is a request forinformation about the data we hold about you (as under section 13, ab17. CHANGES TO OUR PRIVACY POLICY-We may change this Policy as we may deem necessary from timeto time, or as may be required by law. Any changes will be immediately postedon Our Site and you will be deemed to have accepted the terms of the PrivacyPolicy on your first use of Our Site following the alterations. We recommendthat you check this page regularly to keep up-to-date.