Personal data is playing an increasingly important role in our economies, societies and everyday lives. New and innovative technologies are generating significant volumes of personal data, and modern communications networks and processing systems are enabling organizations to collect, analyze, use, share and store data on a global scale.
TrailMyCar Solutions Limited (TMC) is committed to complying with all relevant Kenyan legislation and applicable global legislations. TrailMyCar Solutions Limited recognizes that the protection of individuals through lawful, legitimate, and responsible processing and use of their personal data is a fundamental human right. TrailMyCar Solutions Limited will ensure that it protects the rights of data subjects and that the data it collects, and processes is done in line with the Kenya Data Protection Act 2019.
Executive management is continuously assessing the need to develop and implement or amend further policies, procedures and terms and conditions, including those with regard to data protection; consent policies and forms; data access; security breaches and employee privacy requirements.
This Policy governs the manner in which TrailMyCar Solutions Limited and its affiliates treat your personal information collected:
The Privacy Policy must be read together with TrailMyCar Solutions Limited terms and conditions of service and website and app terms and conditions of use. Unless defined elsewhere, terms in this Privacy Policy shall bear the meaning ascribed to them in our terms and conditions of service and website and app terms and conditions of use.
We respect your privacy and your personal information and for this reason, we take all reasonable measures in accordance with this Privacy Policy, The Data Protection Act, 2019 and other relevant Legislations and other relevant legislation, to protect your personal information and to keep it confidential, even when you are no longer our customer.
This Privacy Policy complies with the principles outlined in The Data Protection Act 2019 and describes how we handle Personal Information, as defined therein, that we collect from you, from your use of our products and services.
When there are reasonable grounds to believe that your Personal Information has been accessed or acquired by an unauthorized person, we will notify you. When we notify you that your Personal Information has been accessed or acquired by an unauthorized person, we will provide you with sufficient information to allow you to take protective measures against the potential consequences of the compromise.
TrailMyCar Solutions Limited will ensure that data is:
“Personal data” means information relating to an identifiable, living, natural person and where it is applicable, an identifiable juristic person, including but not limited to –
We collect your personal data for one of the following purposes:
You agree that we may process, use or disclose the information, including the Personal Information we hold about you, in the following ways:
We only collect and use personal information about you when the law allows us to. Most commonly, we use it where:
Where legitimate interest is identified as a lawful basis, we will undertake a legitimate interest assessment which is a three-part test covering:
TrailMyCar Solutions Limited will only send marketing or promotional communications to data subjects where explicit opt-in consent has been obtained. All such communications will include a clear and accessible opt-out mechanism, in accordance with Regulation 17 of the Data Protection (General) Regulations, 2021. Data subjects may withdraw their consent to receive promotional messages at any time, and such withdrawal will be processed without delay. Proof of opt-in consent shall be securely retained in a consent audit trail.
TrailMyCar does not engage in unsolicited marketing. Promotional messages relating to third-party services will only be shared where the data subject has provided explicit prior consent and will include the option to opt out of future messages.
We will not sell, rent, or disclose your Personal Information to unauthorized third parties for independent use without your consent. Where third parties (including agents, service providers, installers, or subcontractors) process personal data on our behalf, they will do so under a formal, written agreement that includes binding data protection obligations in accordance with Section 42 of the Data Protection Act and Regulation 24 of the General Regulations. These third parties will only process data in line with instructions issued by TrailMyCar and are subject to regular compliance checks. your Personal Information may also be shared under the following circumstances:
TrailMyCar requires all third-party processors to complete mandatory data protection training and reserves the right to terminate data access if such parties fail to comply with applicable legal and contractual obligations.
Personal information will be collected directly from you, or our business partners, service providers or sub-contractors, except if:
Personal Information collected about you and your dependents or our employees may include:
Your name, address, e-mail address, telephone number, gender, marital status, family status, date of birth, passwords and activity records (such as driving behavior and location of your vehicle).
Identity or passport number, ID number and Registration number of your vehicle.
Bank account number and account details, credit history, credit score and other financial information.
Current or former physical or mental or medical condition, health status, injury or disability information, medical procedures performed, personal habits (for example, smoking or consumption of alcohol, prescription information and medical history).
We may obtain information about your criminal record or civil litigation history in the process of preventing, detecting and investigating fraud or in the employment process. We may also obtain sensitive information if you voluntarily provide it to us (for example, if as an employee you express preferences regarding medical treatment based on your religious beliefs).
Recordings of telephone calls to and from our representatives, affiliates and call centers.
We will share information with insurers who are investigating an insurance claim or with the SAPS who are investigating a criminal matter, for example.
Location and identification of your vehicle, (for example, vehicle coordinates, vehicle registration or ID number), the behavioral information and any associated risk score which we derive using our intellectual property. Driving License number, drivers name, Vehicle registration Number, Business address contact, Website activity including tracking cookies, IP Address, Business Address, GPS Coordinates or Location speed data.
We collect the following special category data from you:
We will only process special category data where we have an exception allowing us to do so, in this case, this processing is necessary for the purposes of carrying out our Regulatory and Compliance obligations with the National Safety Transport Authority (NTSA).
We value the information that you choose to provide us with, and we will take reasonable steps to protect your Personal Information from loss, misuse or unauthorized alteration or access. The information we maintain concerning our customers is stored in databases that have built-in safeguards to ensure the privacy and confidentiality of that information.
Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access. When you use the services provided by us, you may be given a username and password. You are responsible for maintaining the secrecy and confidentiality of your username and password. Please do not share your password with anyone.
It is your responsibility to ensure that we have your correct Personal Information on our system. If you ever need to update or correct any of your Personal Information held by us, you can update us through the official Communication channels with the subject head “INFORMATION UPDATE” compliance@trailmycar.com or
CONTACT US
REHEMA PLACE, ALONG NGONG ROAD
BLOC C, OPPOSITE NAIVAS PRESTIGE PLAZA,
P.O BOIX 57522-00200,
NAIROBI
We pride ourselves on ensuring that your personal data is only retained for the period that we need it for, or in accordance with laws, regulations, and professional obligations that we are subject to. All personal information collect has a defined retention period, which is in-line with our retention policy. If you would like to find out how long your information is being retained.
We take the responsibility for protecting your privacy very seriously and we will ensure your data is secured in accordance with our obligations under the Data Protection Act, 2019. We have in place technical and organizational measures to ensure personal information is secured and to prevent your personal data from being accessed in an unauthorized way, altered, or disclosed. We have in place a robust access control policy which limits access to your personal data to those employees, contractors and other third parties who only have a business need to know. The processing of your personal data will only take place subject to our instruction.
We have policies and procedures to handle any potential data security breaches and data subjects, third parties and any applicable regulators will be notified where we are legally required to do so. We have ensured that all employees have had information security and data protection training.
We reserve the right, in our sole discretion, to amend this Privacy Policy from time to time (including without limitation by the addition of new terms and conditions). Any changes to this Privacy Policy will be drawn to your attention on our website. You agree to review the Privacy Policy whenever you visit the Tracker website for any such amendments. Save as expressly provided to the contrary in this Privacy Policy, the amended version of the Privacy Policy shall supersede and replace all previous versions thereof.
You consent that we may process and disclose your Personal Information as set out herein.
You consent that your Personal Information may be processed and disclosed under the following circumstances:
We do not knowingly collect information on children. If we have collected personal information on a child, please contact us immediately using the details in section 16, so we can remove this information without any undue delay.
You have the right to request that we correct, destroy or delete any of your Personal Information that we have processed in accordance with this policy. The Personal Information that you may request us to correct, destroy or delete is Personal Information that has been processed that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading, obtained unlawfully or that we are no longer authorized to retain.
You have the right to withdraw your consent for us to process your Personal Information at any time. The withdrawal of your consent can only be made by you on the condition that:
You have the right to object to the processing of your personal information at any time, on reasonable grounds relating to your particular situation, unless the processing is required by law. You can make the objection if the processing of your Personal Information is not necessary for the proper performance of a public law duty by a public body, or if the processing of your Personal information is not necessary to pursue your legitimate interests, our legitimate interests or the legitimate interests of a third party to which the information is supplied.
You or any third party acting on your behalf with your authority may request a copy of the personal data we hold about you without charge.
We will ask to verify your identity or request evidence from the third party that they are acting on your behalf before releasing any personal data we hold about you.
We are required, to provide clear and transparent information to you about how we process your personal data. This privacy notice addresses this right.
If you believe the personal data, we hold about you is incorrect or incomplete you have the right to correct this and you may exercise this right along with the right to restrict processing until these corrections are made.
If there is no legal basis or legitimate reason for processing your personal data, you may request that we erase it.
You may ask us to restrict the processing of your personal data. This means we will still hold it but not process it. This is a conditional right which may only be exercised when:
You can request that your personal data is transferred to another controller or processor in a machine-readable format if:
You can request to obtain human intervention.
You can express your point of view.
You can obtain an explanation of the decision reached after an assessment.
You can challenge such decision.
In circumstances where a data subject is no longer an active customer, their data will be reviewed periodically and flagged for suppression or deletion in accordance with our data retention policy. Where service continues, such as due to unclosed billing cycles or regulatory compliance (e.g., NTSA reporting requirements), only essential information will be retained, and data subjects will be informed of this status upon request. Requests to remove data must be made through our official communication channels and will be evaluated in line with applicable legal obligations and operational requirements.
TrailMyCar’s systems may generate operational messages such as payment reminders or service alerts tied to ongoing services. These communications are not classified as marketing and are issued based on legitimate interest and contractual necessity. Data subjects may request to opt out of such messages, but this may impact our ability to provide continued services, in which case the implications will be communicated clearly.
Where we need to collect personal data by law or in order to process your instructions or perform a contract, we have with you and you fail to provide that data when requested, we may not be able to carry out your instructions or perform the contract we have or are trying to enter into with you. In this case, we may have to cancel our engagement or contract you have with us, but we will notify you if this is the case at the time.
We take any complaints about our collection and use of personal information very seriously.
If you think that our collection or use of personal information is unfair, misleading, or inappropriate, or have any other concern about our data processing, please raise this with us in the first instance. To make a complaint, please contact us via email on compliance@trailmycar.com by filing and submitting a form that can be Downloaded here.
Or Alternatively reach us by visiting our office:
Contact Us
REHEMA PLACE, ALONG NGONG ROAD
BLOC C, OPPOSITE NAIVAS PRESTIGE PLAZA,
P.O BOIX 57522-00200,
NAIROBI
EMAIL: admin@trailmycar.com/compliance@trailmycar.com
