1. DEFINITION OF TERMS
“Busy Boda”, “we” or “us” hereinafter referred to the Company providing the Service.
- “Service” means the use of the Application to secure collection, travel and set down at a given destination nominated by the Service User to a Rider and Motorbike dispatched by the Application.
- “Application (or App)”is the software, delivery platform, and network, owned and operated by Busy Boda for the dispatch of the ground transportation services to the Service User.
- “Service User”, “you”, “yours” means a person who has signed up and is registered with Busy Boda for the use of the Service.
- “Rider”, “you”, “yours” means the person who is registered with “Busy Boda” as a Rider for the purpose of providing transportation services to the Service Users using the Busy Boda App.
- “Motor Bike” means a Motor Bike that is owned licensed for use by a Rider to provide the ride to the Service User.
- “Personal information” is any information by which your identity can be reasonably determined.
3. INFORMATION WE COLLECT.
First and foremost, Busy Boda does not collect information for USERS
BELOW THE AGE OF EIGHTEEN (18) YEARS. Busy Boda terms and conditions of use strictly specify that the Service User and Rider below the age of 18 years are strictly not eligible for applying for service registration nor can they be lawfully registered as a Rider. They are not allowed to register with us, or provide personal data. Persons of all age are eligible to use the services provided by our Rider. We do not knowingly collect personal information from anyone under the age of 18. If we discover that we have collected personal information from a person under 18, we will delete that information immediately.
These can be classified into three broad categories namely:
4. Information you provide
This includes information submitted when you:
- Create or update your Busy Boda account, which depending on your location, shall and/or may include your name, email, phone number, login name and password, address, payment or banking information, Identification numbers, birth date, and photo. If you choose to upload a photo when registering for our Services, the photo may be viewable by us and by the riders who are picking you up so that they are able to verify your identity. You may remove or update the photo at any time by logging into your account;
- Submit information about your motor bike and insurance (for rider partners);
- Consent to a background check (for rider partners where permitted by law);
- Request services through the Busy Boda app or website;
- Contact Busy Boda, including for customer support;
- Contact other Busy Boda users through our services;
- vii.Complete surveys sent to you by Busy Boda or on behalf of Busy Boda;
- viii.If you contact us, we shall/may keep a record of that correspondence;
- Enable features that require Busy Boda’s access to your address book or calendar;
5. Information created when you use our services
In addition to any Personal Information or other information that you choose to submit to us, we and our third-party service providers may use a variety of technologies that automatically (or passively) collect certain information whenever you visit or interact with the Services (“Usage Information”). This Usage Information may include the browser that you are using, the URL that referred you to our Services, all of the areas within our Services that you visit, and the time of day, among other information. We may use Usage Information for a variety of purpose, including enhancing or otherwise improving the Services. This includes:
6. Location Information
- Busy Boda may collect your precise or approximate location information as determined through data such as GPS, IP address and WiFi based on your app settings or device permissions;
- In addition, tracking information is collected as you navigate through our Services, including, but not limited to geographic areas. If you are traveling in a Motor Bike requested via our Services, the rider’s mobile phone will send your GPS coordinates, during the ride, to our servers. Most GPS enabled mobile devices can define one’s location to within 50 feet. We collect this information for various purposes – including determining the charge for the transportation you requested via our Services, to provide you with customer support, to send you promotions and offers, to enhance our Services, and for our internal business purposes. We may also have features that allow you to share this information with other people (such as your family, friends or colleagues) if you choose;
- If you are a rider or delivery partner, Busy Boda collects location information when the Busy Boda app is running in the foreground (app open and on-screen) or background (app open but not on screen) of your device if this collection is enabled is enabled through your app settings or device permissions;
- Riders and delivery recipients may use the Busy Boda app without enabling Busy Boda to collect their location information. However, this may affect the functionality available on your Busy Boda app. For example, if you do not enable Busy Boda to collect your location information, you will have to manually enter your pickup address. In addition, location information will be collected from the rider partner during your trip, even if you have not enabled Busy Boda to collect your location information.
- Transaction Information – We collect transaction details related to your use of our services, including the type of services you requested or provided, date and time the service was provided, amount charged, distance traveled, and other related transaction details. Additionally, if someone uses your promotion code, we may associate your name with that person.
- Usage and Preference Information
Web Beacons are small graphic images or other web programming codes may be included in our web and mobile pages and messages. The web beacons are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored in a user’s computer hard drive, web beacons are embedded invisibly on Web pages and are about the size of the period at the end of this sentence. Web beacons or similar technologies help us better manage content on our Services by informing us what content is effective, count users of the Services, monitor how users navigate the Services, count how many emails that we send were actually opened or to count how many particular articles or links were actually viewed. We do not tie the information gathered by web beacons to our customers’ personal information.
An embedded script is programming code that is designed to collect information about your interactions with the Services, such as the links you click on. The code is temporarily downloaded onto your Device from our web server or a third party service provider, is active only while you are connected to the Services, and is deactivated or deleted thereafter.
7. Device Information
Our Services are primarily provided through an application on your mobile, tablet computer or similar device (“Mobile Application”). By agreeing to downloading and using our services, you agree that we may collect and use technical data and related information, including but not limited to, technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to such Mobile Applications. We may collect information about the devices you use to access our services, including the hardware models, operating systems and versions, software, file names and versions, preferred languages, unique device identifiers, advertising identifiers, serial numbers, device motion information, and mobile network information. A Device Identifier is a number that is automatically assigned to your Device when used to access the services. Our computers identify your Device by its Device Identifier. Usage Information may be non-identifying or may be associated with you. Whenever we associate Usage Information or a Device Identifier with your Personal Information, we will treat it as Personal Information. When you use any of our Mobile Applications, the Mobile Application may automatically collect and store some or all of the following information from your mobile device (“Mobile Device Information”), including without limitation: your preferred language and country site (if applicable); your phone number or other unique device identifier assigned to your mobile device – such as the International Mobile Equipment Identity or the Mobile Equipment ID number; the IP address of your mobile device; the manufacturer and model of your mobile device; your mobile operating system; the type of mobile Internet browsers you are using; your geolocation; information about how you interact with the Mobile Application and any of our web sites to which the Mobile Application links, such as how many times you use a specific part of the mobile application over a given time period; the amount of time you spend using the Mobile Application; how often you use the Mobile Application; actions you take in the Mobile Application and how you engage with the Mobile Application; information to allow us to personalize the services and content available through the Mobile Application.
8. Log Information
When you interact with our services, we collect server logs, which may include information like device IP address, access dates and times, app features or pages viewed, app crashes and other system activity, type of browser, and the third-party site or service you were using before interacting with our services.
9. Calls and text messages
We enable users to call or text each other through the Busy Boda apps.To provide this service, Busy Boda receives some information regarding the calls or texts, including the date and time of the call/text and the content of the text messages. Busy Boda may also use this information for customer support services (including to resolve disputes between users), for safety and security purposes, and for analytics.
10. Address book and calendar information
If you permit the Busy Boda app to access the address book on your device, we may collect names and contact information from your address book to facilitate social interactions through our services and for other purposes described in this policy or at the time of consent or collection. If you permit the Busy Boda app to access the calendar on your device, we collect calendar information such as event title and description, your response (Yes, No, Maybe), date and time, location, and number of attendees.
11. Information from other sources
These may include:
- Users providing feedback, such as ratings or compliments. Ratings information (where other Busy Boda Riders and Service Users are able to rate each other, only to the extent of behavior and temperament as a law abiding and fare paying passenger and driver);
- If you choose to use our referral service to tell a third party (eg a friend) about our Services or a job position, we will ask you for your friend’s name and email address. We will automatically send your friend a one-time email inviting him or her to visit the Services. We store this information for the sole purpose of sending this one-time email and tracking the success of our referral program, and do not use this information for any other marketing purpose unless we obtain consent from that person or we explicitly say otherwise. Please be aware that when you use any send-to-a-friend functionality through our Services, your e-mail address may be included in the communication sent to your friend;
- Where you choose to use Busy Boda social networking features or pages (including our Facebook pages and Twitter accounts), such information that you post or about yourself;
- Your friend may contact us through www.busyboda.co.ke/contact to request that we remove this information from our database;
- Busy Boda business partners through which you create or access your Busy Boda account, such as payment providers, social media services, on-demand music services, or apps or websites who use Busy Boda’s APIs or whose APIs Busy Boda uses;
- Insurance providers (if you are a rider or delivery partner);
- vii.Financial services providers (if you are a rider or delivery partner);
- viii.Partner transportation companies (if you are a rider partner who uses our services through an account associated with such a company);
- The owner of a Busy Boda for Business;
- Publicly available sources;
- Marketing service providers;
Busy Boda may/shall combine the information collected from these sources with other information in its possession.
12. USES OF COLLECTED INFORMATION.
Our primary goal in collecting your Personal information or Usage Information is to provide you with an enhanced experience when using the Services. Based upon the Personal Information you provide us when registering for an account, we will send you a welcoming email to verify your email address. We first use the information which you provide to process your registration with the Services, including verifying your information is active and valid. Busy Boda collects and uses information to enable reliable and convenient transportation, delivery and other products and services. Busy Boda does not sell or share your personal information to third parties for third party direct marketing purposes. We will also communicate with you in response to your inquiries, to provide the services you request, and to manage your account. We will communicate with you by email, telephone, or SMS or text message, in accordance with your wishes. Please note that information submitted to the Services via a “contact us” or other similar function may not receive a response.
Further, Busy Boda also uses the information it collects for:
13. Safety and security
We use your data to help maintain the safety, security and integrity of our services. For example, we collect information from rider partners’ devices to identify unsafe driving behavior such as speeding or harsh braking and acceleration, and to raise awareness among rider partners regarding such behaviors. This helps ensure that the rider partner using the app matches the Busy Boda account we have on file, preventing fraud and helping to protect other users.
14. Providing services and features whilst improving them on a continuous basis.
Busy Boda uses the information we collect to provide, personalize, maintain and improve our products and services. This includes using the information to:
- Enable transportation, deliveries, and other services with respect to geolocation data we track through your Mobile Device, we use that geolocation information for various purposes – including for you to be able to view the drivers in your area that are close to your location, for you to set your pickup location, so the drivers are able to find the location from which you wish to be picked up after which we process or facilitate payments for those services;
- Offer, obtain, provide or facilitate insurance or financing solutions in connection with our services;
- Enable features that allow you to share information with other people, such as when you submit a compliment about a rider partner, refer a friend to Busy Boda;
- Enable features to personalize your Busy Boda account, such as creating bookmarks for your favorite places;
- Perform internal operations necessary to provide our services, including troubleshooting software bugs and operational problems, to conduct data analysis, testing, and research, and to monitor and analyze usage and activity trends.
15. Customer support and service
Busy Boda uses the information we collect (including recordings of customer support calls after notice to you and with your consent) to assist you when you contact our customer support services, including to: direct your questions to the appropriate customer support person; Investigate and address your concerns; and Monitor and improve our customer support responses. We also use your information to closely monitor which features of the Services are used most, to allow you to view your trip history, view any promotions we may currently be running, rate trips, and to determine which features we need to focus on improving, including usage patterns and geographic locations to determine where we should offer or focus services, features and/or resources. We use your Internet Protocol (IP) address to help diagnose problems with our computer server, and to administer our web site(s). Your IP address is used to help identify you, but contains no personal information about you. We will send you strictly service-related announcements on rare occasions when it is necessary to do so. For instance, if our Services are temporarily suspended for maintenance, we might send you an email. Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account. Your contact details may be used to notify you about changes to Busy Boda or respond to any communication or request from you;
16. Research and development
We may use the information we collect for testing, research, analysis and product development. This allows us to improve and enhance the safety and security of our services, develop new features and products, and facilitate insurance and finance solutions in connection with our services. Information collected from our Mobile Application is used to enable us to serve you the correct app version depending on your device type, for troubleshooting and in some cases, marketing purposes. Information collected is also used to create aggregated and anonymized information to determine which Mobile Application features are most popular and useful to users, and for other statistical analyses;
17. Communications among users
Busy Boda uses the information we collect to enable communications between our users. For example, a rider partner may text or calls a rider to confirm a pickup location, or a restaurant or delivery partner may call a delivery recipient with information about their order. Where you are a Rider, to provide you and other Riders with relevant reports including aggregate information based on other Riders’ operation and financial performance (although please note that this information will always be aggregate, anonymous, statistical information and will never identify you to any other Riders individually).
18. Communications from Busy Boda
Busy Boda may use the information we collect to communicate with you about products, services, promotions, studies, surveys, news, updates and events. We may also use the information to promote and process contests and sweepstakes, fulfill any related awards, and serve you relevant ads and content about our services and those of our business partners. Busy Boda may also use the information to inform you about elections, ballots, referenda and other political and policy processes that relate to our services. Unless you have told us that you do not want to receive marketing communications, to provide you with marketing communications about our products and services and those of third parties which we think may be of interest to you. This may also include marketing communications on social media platforms (including Facebook) used by you. You can ask us to stop sending you marketing communications by emailing us.
19. Legal proceedings and requirements
20. INFORMATION ACCESS AND MAKING CHANGES/CORRECTIONS.
Users have the right to request a copy of the information that we hold about you. If you would like a copy of some or all of such information, please contact us. You may ask us to correct or remove information you think is inaccurate by contacting us. We hope you will be happy with the way we handle your information but if not you have the right to complain and we will take measures to correct matters. Your personal information that Busy Boda holds is accessible by Busy Boda and you with your password or to any other person to whom you disclose your password. You may make changes to your personal information, if you wish, at any time. Busy Boda relies on the information you provide us and may collect personal information about you from other sources if required to serve you. Users are responsible for maintaining the accuracy of the information they submit to us, such as contact information provided as part of account registration. If your personal information changes, or if you no longer desire our Services, you may correct, delete inaccuracies, or amend information by making the change on our member information page or by contacting us through www.busyboda.co.ke. We will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable. You may also cancel or modify your communications that you have elected to receive from the Services by following the instructions contained within an e-mail or by logging into your user account and changing your communication preferences.
21. SHARING AND DISCLOSURE OF INFORMATION.
Busy Boda may share the information we collect:
- With other users – For example, if you are a rider, we may share your first name, average rider rating given by rider partners and pickup and/or drop off locations with rider partners. If you are a rider or delivery partner, we may share information with your rider(s) including your name and photo; your motor bike make, model, color, license plate, and photo where applicable; your location; your average rating provided by riders; and contact information (depending upon applicable laws). If you choose to complete a rider profile, we may also share any information associated with that profile, including information that you submit and compliments that past riders have submitted about you. The rider/delivery recipient will also receive a receipt containing information such as a breakdown of amounts charged, your first name, photo, a map of the route you took, and other transaction details.
- At your request – This happens when for example, we may share your ETA and location to a customer; Busy Boda business partners for example, if you requested a service through a partnership or promotional offering made by a third party, Busy Boda may share your information with those third parties and this may include other apps or websites that integrate with our APIs or services, or those with an API or service with which we integrate, or business partners with whom Busy Boda may partner with to deliver a promotion, a contest or a specialized service.
- With the general public when you submit content to a public forum – Communications received from the general public on public forums and social media that said communication may be viewable by the public.
- With the owner of Busy Boda accounts that you may use – If you use a profile associated with another party we may share your trip information with the owner of that profile when a rider using your employer’s Busy Boda for Business profile, a rider partner using an account owned by a partner transportation company or a rider who takes a trip arranged by a friend.
- With third parties providing services on our behalf – We use third party companies and individuals to facilitate our Services, provide or perform certain aspects of the Services on our behalf such as riders and companies they work for to provide the Services, and other third-parties to host the Services, design and/or operate the Services’ features, track the Services’ analytics, process payments, engage in anti-fraud and security measures, provide customer support, provide geolocation information to our riders, enable us to send you special offers, perform technical services (e.g., without limitation, maintenance services, database management, web analytics and improvement of the Services‘ features), or perform other administrative services. We may provide these vendors with access to user information, including Personal Information; this information sharing is limited to only the information needed by the vendor to carry out the services they are performing for you or for us. Each of these vendors is obligated not to disclose or use Personal Information for any other purpose. Busy Boda may provide information to its vendors, consultants, marketing partners, research firms, and other service providers or business partners. For example, Busy Boda may provide information to such parties to help facilitate insurance coverage, to conduct surveys on our behalf, and to process payments for our services.
- Co-branded Services – Certain aspects of the Services may be provided to you in association with third parties (“Co-Branded Services”) such as sponsors and charities, and may require you to disclose Personal Information to them. Such Co-Branded Services will identify the third party. If you elect to register for products and/or services through the Co-Branded Services, you may be providing your information to both us and the third party. Further, if you sign-in to a Co-Branded Service with a username and password obtained through our Services, your Personal Information may be disclosed to the identified third parties for that Co-Branded Service and will be subject to their posted privacy policies.
- For legal reasons or in the event of a dispute – Busy Boda may share your information if we believe it is required by applicable law, regulation, operating agreement, legal process or governmental request. This includes sharing your information with law enforcement officials where we suspect you have committed a criminal offence or we suspect fraud where required by law, regulation or legal proceedings, government authorities, or other third parties as necessary to enforce our Terms of Service, user agreements, or other policies, to protect Busy Boda’s rights or property or the rights or property of others, or in the event of a claim or dispute relating to your use of our services. Information is also shared when there is a complaint, dispute or conflict, including an accident, between Rider, on the one hand, and a Service User, on the other hand. If you use another person’s credit card, we may be required by law to share information with that credit card holder, including trip information. This also includes sharing your information with others in connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or into another company.
- CHOICE AND TRANSPARENCY.
Busy Boda provides means for you to see and control the information that Busy Boda collects, including through:
- Privacy Settings – The Privacy Settings menu in the Busy Boda rider app gives users the ability to set or update their location and contacts sharing preferences, and their preferences for receiving mobile notifications from Busy Boda. Riders can also delete their Busy Boda account from the Privacy Settings menu.
- Device Permissions – Most mobile platforms (iOS, Android, etc.) have defined certain types of device data that apps cannot access without your consent. And these platforms have different permission systems for obtaining your consent. The iOS platform will alert you the first time the Busy Boda app wants permission to access certain types of data and will let you consent (or not consent) to that request. Android devices will notify you of the permissions that the Busy Boda app seeks before you first use the app, and your use of the app constitutes your consent.
- Ratings Look-Up – After every trip, rider partners and the service users will be able to rate each other, as well as give feedback on how the trip went. This two-way system holds everyone accountable for their behavior. Accountability helps create a respectful, safe environment for both rider partners and riders. Your rider rating is available in the main menu of the Busy Boda rider app. Your rider partner rating is available in the Ratings tab of the Busy Boda Partner app.
- Accessing and Correcting Your Information – You can edit the name, phone number and email address associated with your account through the Settings menu in Busy Boda’s apps. You can also look up your trips, orders and deliveries history in the Busy Boda apps. You may also request access to, correction of, or a copy of your information by contacting Busy Boda at help.
- INFORMATION STORAGE, SECURITY AND DELETION.
Busy Boda takes all reasonable steps to protect the personal information it holds from misuse and loss and from unauthorized access, modification and disclosure. The Personal Information and Usage Information we collect is securely stored within our databases, and we use standard, industry-wide, commercially reasonable security practices such as encryption, firewalls and SSL (Secure Socket Layers) for protecting your information – such as geolocation information. This also includes the use of access control via unique user passwords. However, as effective as encryption technology is, no security system is impenetrable and the transmission of information via the internet is not completely secure. We cannot guarantee the security of our databases, nor can we guarantee that information you supply won’t be intercepted while being transmitted to us over the Internet or wireless communication, and any information you transmit to the Company you do at your own risk. We recommend that you not disclose your password to anyone. Busy Boda will not be responsible for any access or change made to your personal information occurring as a result of you disclosing your password to a third party, or through any unauthorized access. You can also help us keep your personal information secure by ensuring that any password you use on our web site is kept strictly confidential, and by logging off when you have finished using a shared computer. Where we have given you (or where you have chosen) a password which enables you to access certain parts of the Service, you are responsible for keeping this password confidential. We ask you not to share a password with anyone. Although we will do our best to protect your Information, we cannot guarantee the security of data transmitted to the Service; any transmission is at your own risk. Once we have received your Information, we will use strict procedures and security features to try to prevent unauthorized access.
Busy Boda retains your information while your account remains active, unless you request deletion of your information or account. In some cases we may retain certain information about you as required by law or other purposes as described in this section even if you delete your account if there is an unresolved issue relating to your account, such as an outstanding credit on your account or an unresolved claim or dispute; if we are required to by applicable law; and/or in aggregated and/or anonymized form and where it is if necessary for its legitimate business interests, such as fraud prevention and enhancing users’ safety and security. For example, if Busy Boda shuts down a user’s account because of unsafe behavior or security incidents, Busy Boda may retain certain information about that account to prevent that user from opening a new Busy Boda account in the future.
22. COMPLAINTS AND DISPUTE RESOLUTION.
Busy Boda is committed to providing customers with a fair and responsible system for the handling of customer complaints. If at any time you have any concerns or complaints in relation to privacy or the operation of the website, please contact us through our feedback form so that we may resolve them in good time without undue delay.
The Service User, Rider and Company agree that any dispute, claim or controversy arising out of or relating to this policy will be settled by binding arbitration, except that each party retains the right to bring an individual action in court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. Any legal case or dispute shall be settled under the Laws of Kenya.
23. UPDATES TO THIS POLICY.