Legal
Privacy Policy
SONY HOLDINGS LIMITED
Website and Mobile App Privacy Policy
1. Introduction
We take your privacy seriously and are committed to safeguarding your Personal Data at Sony Holdings Limited (registered owner of the Website and Mobile App). “We” or “us” or “Sony Holdings Limited” or “SHL” values you as our guest, respect your privacy and are committed to protecting it through compliance with this policy.
This policy describes the Personal Data that we may collect from you or that you may provide to us, our purposes for collecting and Processing your Personal Data, and our practices for collecting, using, maintaining, retaining, protecting and disclosing that Personal Data.
Please read this policy carefully to understand our policies and practices regarding your Personal Data and how we will treat it. On accessing the Platforms, you will have an option to accept the terms of this Privacy Policy. If you do not agree with our policies and practices, your choice is not to use our Platforms.
If you have any questions or concerns about this privacy policy or your Personal Data, please contact us using the details provided in the Section titled – ‘How do you contact us?’.
2. What Personal Data do we collect about you?
2.1 Personal Data you give us
The Personal Data we collect on or through our Platforms may include:
• Information that you provide by filling in forms. This may include information provided at the time of registering to use our Mobile App, subscribing to the Westgate Shopping Mall newsletter, using the ‘contact us’ form, interacting with our live chat, using the careers portal or requesting further Services, purchasing the Mall’s gift vouchers, entering a contest, campaign or promotion sponsored by us and third parties we may collaborate with or reporting a problem with our Website, Mobile App or Services. The Personal Data that you provide us with may include your name, email address, phone number and identification proof (such as your National Identity Card or Passport).
• Information that you provide when you contact us by directly calling our customer service operators for general enquiries, register complaints on the “contact us” form or request for any assistance/Services. Information may include your name, email address, identification details and contact number.
• Information that you provide to help us improve our Platforms, Services, details of transactions you carry out through our Platforms and of the fulfilment of your online booking orders on our Platforms. You may be prompted to external sources that require you to provide financial information before making payment through our Platforms.
• Information collected to contact and advise you when you make activation and leasing enquiries via our Platforms including your name, your company’s name, identification details, email address, mobile number, Form CR12, Certificate of Incorporation, KRA PIN Certificate, Memorandum and Articles of Association, Bank Statements and Police Clearance Certificates.
2.2 Other Personal Data we collect
We may automatically collect the following information when you visit our Website, use our Mobile App or utilize our Services:
• Your Device details, browsing actions and patterns collected automatically as you navigate through our Platforms.
• Usage details, time of requests, browser types, operating system, IP addresses and information collected through cookies and other tracking technologies.
• Details of your visits to our Platforms, including traffic data, location data, logs and other communication data and the resources that you access and use therein.
The information we collect automatically is statistical data. It helps us to improve our Platforms and to deliver a better and more personalized service by enabling us to:
• Estimate our audience size and usage patterns.
• Store information about your preferences, allowing us to customize our Platforms according to your individual interests.
• Speed up your searches and recognize you when you return to our Platforms.
The technologies we use for this automatic data collection may include:
• Cookies: A cookie is a small piece of data, which includes an identifier made of letters and numbers that is sent by a web browser and stored on your Device. Cookies are used as a reliable mechanism to remember information about you, so your interaction with our Platforms is seamlessly simple. Cookies typically do not contain any information that personally identifies you, but Personal Data that we store about you may be linked to the information stored in and obtained from cookies. Please refer to our Cookie Policy for more details on Cookies.
We use Cookies for the following purposes:
• To identify you when you visit our Platforms and to help you navigate through our Platforms;
• To help determine if you are logged into our Platforms;
• To store information about your preferences and to personalize our Platforms for you; and
• To analyse the use and performance of our Platforms.
3. What are the sources of your Personal Data?
The sources of your Personal Data may include without limitation the following:
• Our Website.
• Emails, text messaging services and other electronic messages: These are the electronic text-based interaction between you and us when you subscribe to the Westgate Shopping Mall newsletter or raise enquiries regarding our Platforms and Services.
• Our Mobile App.
• Customer service: Any communication between you and our customer service help desk (such as via phone call, live chatbot or email).
• Registration forms: This includes Personal Data we collect via registration forms, contests, events, campaigns and various promotions held by us in the Mall.
• Career Portal: This includes the recruitment portal on our Platforms.
This policy does not apply to information collected:
• through any other means, including any other website operated by any third party; or
• by any third party, including through any application or content (including advertising) that may link to the Platforms.
4. Why do we collect and how we use your Personal Data?
We use your Personal Data for several legitimate interests, including providing and improving our Platforms, Services, administering our relationship with you and our business.
4.1 To provide, develop and improve our Platforms and Services:
We use the Personal Data (such as Device ID, IP address and web-pages visited) we collect to perform essential business operation purposes pursuant to our legitimate business interests, for example to understand usage patterns within our Platforms; and to develop, provide, improve, and personalize our Platforms and Services. Save for certain instances such as for online movie ticket bookings and campaigns held by us, we do not link this information to a particular data subject or Device, but instead measure general traffic patterns and other analytics to help us improve our customer experience and Service offerings. All such Personal Data shall be anonymized during storage and retention where applicable.
4.2 To respond to any queries made by you:
We would need to collect and use the following Personal Data: name, email address, phone number and details of your enquiry to respond to any queries raised by you.
In certain cases, your enquiry may relate to a specific Service request, for example: requesting an online booking for a movie ticket on the Platforms. For such requests, we need to use your Personal Data to help us respond to your request and to fulfil our contractual obligations under the requested Service.
4.3 To provide you with Westgate Shopping Mall Newsletters and information about Services and latest offers in the Mall:
It is in our legitimate business interests to send you information about the Mall’s Services and latest offers and to provide subscribers with the Mall’s newsletters. We will send you an email to allow you to opt in to receiving the Mall’s newsletters and any communication to you about the latest offers, promotions and services in the Mall will be sent to you in accordance with the relevant terms and conditions as accepted by you. We use your Personal Data such as email address and/or contact number to share information relating to the Mall’s Services and latest offers that may be of interest to you. In the event you prefer not to receive such information, you may opt-out by following the instruction provided in the Section titled – “How to opt-out?”.
4.4 To personalize the information we send you:
We may combine the information we receive and collect about you to better understand your interests and preferences so that we can provide you with an experience that is tailored to those interests and preferences. For example, we may do this by notifying you of any events conducted in the Mall, or sending you personalized offers, discounts or promotions where you have opted to receive the same, or advertising content that is relevant to your interests. In the event you prefer not to receive such information, you may opt out by following the instruction provided in the Section titled – “How to opt out?”.
4.5 To facilitate Advertisements:
We use the Personal Data you provide us with for commercial purposes to help us tailor and show advertisements to you should you opt to receive the same. We may partner with third parties to help us display relevant advertising and to manage our advertising across the Platforms. Our third-party partners may use cookies and non-cookie-based technologies to help us show you advertising based upon your browsing activities and interests. In the event you wish to opt-out, you may do so by following the instruction provided in the Section titled – “How to opt out?”.
4.6 To manage your Westgate Gift Voucher:
The Westgate gift vouchers exist in denominations of Kshs. 1,000 and Kshs. 5,000 respectively; and are purchasable from the Platforms. The gift vouchers are accepted as payment mechanisms at stores and outlets across the Mall. For those purchasing the gift vouchers, we collect and use personal data such as name, email address and mpesa payment numbers. We collect and use your Personal Data to fulfil our contractual obligations towards you.
4.7 To request your feedback and to respond to complaints:
Your satisfaction is our utmost priority and we proactively take necessary steps to ensure you are well satisfied with our Services and Platforms.
To help us respond to your feedback or complaints, we would need to collect the following Personal Data: name, email address, transaction details, mobile number and your feedback/complaints as lodged in the “Contact Us form” or after the completion of your call with our customer service operators.
We collect and use your Personal Data in pursuit of our legitimate business interests to address your concerns and to take necessary steps towards continual improvement. In the event you prefer not to receive such information, you may opt out by following the instruction provided in the Section titled – “How to opt out?”.
4.8 To establish a working relationship with potential Tenants and Licensees:
We collect/receive Personal Data about you through one of the following channels:
• When you send us an enquiry for tenancy or licensing opportunities in the Mall;
• When you participate in any of our sales, marketing and promotional campaigns;
We collect the following Personal Data: name, email address, identification details, contact number, designation, the company you represent, Form CR12, Certificate of Incorporation, KRA PIN Certificate, Memorandum and Articles of Association, Bank Statements and Police Clearance Certificates. We use this Personal Data for the purposes listed below, in pursuit of our legitimate business interests:
• To share information relating to our Services and Platforms, and possible tenancy and licensing opportunities at the Mall;
• To notify you/invite you to future events, campaigns that may be of interest to you and/or the company you represent subject to obtaining your prior consent; and
• To establish a working relationship with the company you represent.
4.9 To enter into or fulfil service contracts with potential Tenants and Licensees:
We collect and use Personal Data such as name, email address, contact number details and in certain cases passport/government identification proof to facilitate the performance of the tenancy, license agreement or contract between us and the organization you represent. We may also collect similar Personal Data of the employees of your organization that would be stationed within the Mall to facilitate security pass clearance pursuant to our legitimate business interest and to fulfil our contractual obligations.
4.10 To facilitate email campaigns carried out by our sales and marketing departments:
As part of our email campaigns, we track whenever you receive, open, click a link, or download any attachments from an e-mail you receive from us. We will carry out automated profiling of such information to evaluate your interest in our service offerings or promotions. This Processing will enable us to identify and target potential guests, tailor our marketing and provide you with relevant and timely content based on your interests subject to obtaining your prior consent, in pursuit of our legitimate business interests. In the event you prefer not to receive such information, you may opt out by following the instruction provided in the Section titled – “How to opt out?”.
4.11 To comply with legal requirements and exercise or defend legal claims:
We may need to process and retain your Personal Data to comply with legal requirements to which we are subject (for example in relation to licensing, health and safety). It is in our legitimate interests to process Personal Data for the purposes of exercising and defending legal claims. Processing Personal Data may also be necessary to ensure compliance with the relevant legal and regulatory obligations.
4.12 To process your payments and protect against fraudulent transactions:
We may need to process your Personal Data to keep your payments safe and secure and protect against fraudulent transactions. It is in our legitimate interests to process Personal Data to keep your payments secure and to prevent fraud. We may also require your Personal Data to send payment reminders and legal intimations in case of overdue payments. Processing Personal Data in this way may also be necessary to ensure compliance with the relevant legal and regulatory obligations.
4.13 To comply with any opt-out or do not disturb requests we receive from you:
We understand that you may not prefer for us to contact you with any offers, promotions or details of our products and Services. In the event you opt-out, we may be required to maintain Personal Data such as your name, email address, contact number and the subscription(s) that you have opted out of to ensure compliance with your requests. Also, in the future, if you wish to hear from us, you may at any time, contact us to opt-in and we would be happy to keep you posted about our latest offers, promotions and/or details of our products and Services.
4.14 To manage and administer any of our events and competitions which you enter:
We collect and use the Personal Data provided by you when you participate in any of the events, competitions and campaigns hosted within our Mall. The Personal Data may include name, email address, contact details and government identification proof/passport details. We use the Personal Data pursuant to our contractual obligations and to ensure we can successfully process any awards/gifts/offers that you may win in such events.
We may also collect and use Personal Data of event management representatives to plan and conduct events within our Mall. We collect and use the Personal Data to maintain contact, co-ordinate support and to obtain necessary local clearance to manage and administer the event.
5. How to opt out?
1. Email: You can click on the unsubscribe link provided in the email you receive from us.
2. SMS: you can follow the instruction provided in the messages you receive from us.
3. Contact us: You may contact us using the details provided in the Section titled – ‘How do you contact us?’.
6. Who might we share this Personal Data with?
We may disclose Personal Data that we collect, or you provide as described in this privacy policy:
• We may share your Personal Data with any of our holding companies to enable you to request our Services, to process your payments, understand your preferences, send you information about products and Services that you may have expressed interest in pursuant to obtaining your prior consent and conduct the other activities described in this privacy policy.
• We may use carefully selected third parties to perform services on our behalf or to assist us with the provision of Services to you or operation of the Platforms. For example, we may engage cloud service providers, IT service providers and other third parties to provide concierge services, IT security services, brand promotions, marketing, advertising and communication services, to personalize and optimize our Platforms and Services, to analyze and enhance data (including data about users’ interactions with our Platforms and Services), and to provide legal, accounting, insurance, audit and other professional services. While providing such services, these third parties may have access to your Personal Data.
• Where required or permitted by law, Personal Data may be provided to others, such as regulators and law enforcement agencies.
• We may share with government or regulatory requests to comply with any court order, law or legal process.
• We may share with other companies and organizations for the purposes of fraud protection and credit risk reduction if we believe disclosure is necessary or appropriate to protect the rights, property or safety of the company, our customers or others.
7. How long do we keep Personal Data about you?
We will only keep your Personal Data for as long as is reasonably necessary taking into consideration our need to answer queries or resolve problems, any other purpose outlined above or to comply with legal requirements under applicable law(s). This means that we may retain your Personal Data for a reasonable period, for example, till the end of the leasing contract with the organization you represent, or after your query has been addressed. In certain cases, we may retain your Personal Data for a longer period where extended retention periods are required by law or regulation and to establish, exercise or defend our legal rights. We will ensure that it is disposed in a secure manner when it’s no longer needed.
For more information on where and how long your Personal Data is stored, and for more information on your rights of erasure and portability, please contact us using the details provided in the Section titled – ‘How do you contact us?’.
8. How secure is your Personal Data?
Your Personal Data security is an important concern to us. We provide the utmost care in secure transmission of your Personal Data from your Devices to our servers. We use industry security standards to safeguard the confidentiality of your Personal Data (such as firewalls, hash (password), strong password protection, multiple authentications, encrypted passwords and servers securely hosted on cloud servers) and to make sure that your Personal Data is secure with us.
We have implemented and maintained appropriate technical and organizational security measures, policies and procedures to protect your Personal Data from accidental loss, unauthorized access, use, alteration and disclosure. All Personal Data you provide to us is stored in our secure servers behind firewalls. All payment transactions are encrypted using SSL technology. Other measures we take include:
• Placing confidentiality requirements on our staff and service providers;
• Restriction of access to your Personal Data to employees and third parties strictly on a need to know basis, such as to respond to your enquiry or request;
• Destroying or anonymizing Personal Data if it is no longer needed for the purposes for which it was collected; and
• Using secure communication channels for transmitting Personal Data.
The safety and security of your Personal Data also depends on you. You are responsible for keeping your password confidential. We ask you not to share your password with anyone.
Unfortunately, the transmission of your Personal Data via the internet is not completely secure. Although we do our best to protect your Personal Data, we cannot guarantee the security of your Personal Data transmitted to our Platforms. Any transmission of Personal Data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained in the Platforms.
9. What are your rights?
You have rights in relation to your Personal Data as given below.
If you wish to access any of these rights, we may ask you for additional information to confirm your identity and for security purposes, before disclosing Personal Data to you. We reserve the right to charge a fee where permitted by law, for example, if your request is manifestly unfounded or excessive.
If you would like to access the below rights, you may contact us via the contact details set out in Section 11 herein. We shall aim to comply with all requests within reasonable time in-line with applicable laws. We may not always be able to fully address your request, for example,
• if it would impact the confidentiality we owe to others, or
• if we are legally entitled to deal with the request in a different way, or
• if your request involves deletion of Personal Data that is required to comply with the legal requirements.
We will make every reasonable effort to honour your request in-line with applicable laws. In the event we require additional time due to the complexity of the request, we shall promptly inform you of the same.
The right to access
You have the right to obtain confirmation as to whether we process Personal Data about you, receive a copy of your Personal Data held by us, and obtain certain other information about how and why we Process your Personal Data (like the information provided in this privacy statement).
The right to rectification
You have the right to request for your Personal Data to be amended or rectified where it is inaccurate (for example, if you change your name or email address) and to have incomplete Personal Data completed.
The right to restrict Processing of Personal Data
You have the right to restrict our Processing of your Personal Data in the following cases:
• Temporarily for a period when you have contested the accuracy of the Personal Data;
• Temporarily for a period when you have objected to the legitimate interest identified by us;
• Your Personal Data has been unlawfully Processed and you request the restriction of Processing instead of deletion;
• The Personal Data is no longer necessary in relation to the purposes for which it was collected and processed but the Personal Data is required by you to establish, exercise or defend legal claims.
We can continue to use your Personal Data following a request for restriction, where:
• we have your consent; or
• to establish, exercise or defend legal claims; or
• to protect the rights of another natural or legal person.
The right to erasure
You have the right to obtain deletion of your Personal Data in the following cases:
• The Personal Data is no longer necessary in relation to the purposes for which it was collected and Processed;
• Our lawful basis for Processing is consent, you withdraw consent and we have no other lawful basis for the Processing;
• Our lawful basis for Processing is that the Processing is necessary for a legitimate interest pursued by us, you object to our Processing and we do not have overriding legitimate grounds;
• You object to our Processing for direct marketing purposes;
• Your Personal Data has been unlawfully Processed; and
• Your Personal Data must be erased to comply with a legal obligation under the Data Protection Act, 2019 and subsidiary legislation to which we are subject.
We are not required to comply with your request to erase Personal Data if the Processing of your Personal Data is necessary:
• For compliance with a legal obligation; or
• For the establishment, exercise or defence of legal claims.
The right to object to the Processing of Personal Data
You have the right to object to our Processing of your Personal Data in the following cases:
• our lawful basis for Processing is that the Processing is necessary for a legitimate interest pursued by us; and
• our Processing is for direct marketing purposes.
The right to data portability
You have the right to receive your Personal Data provided to us and have the right to send the Personal Data to another organization (or ask us to do so if technically feasible) where our lawful basis for Processing the Personal Data is consent or necessity for the performance of our contract with you and the Processing is carried out by automated means.
The right to withdraw consent at any time (where Processing is based on consent)
Where we Process Personal Data based on consent, data subjects have a right to withdraw consent at any time.
The right to lodge a complaint
Subject to the provisions of the Data Protection Act, 2019, if you are not content with how we manage your Personal Data, or if you want to complain about our use of your Personal Data, you can contact us in one of the ways mentioned in Section 11 – ‘How do you contact us?’. We will look into and respond to any complaints we receive.
10. Updates on Policy
This policy may change from time to time. Your continued use of our Platforms after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
11. How do you contact us?
In case of any queries related to this policy, you can contact us in one of the following ways:
• By email: info@westgate.co.ke
• By visiting this page on our website: Westgate Shopping Mall - Nairobi's premier shopping Mall
• By phone number: +254715557775
12. Definitions
For the purposes of this Privacy Policy:
"data subject" means an identified or identifiable natural person who is the subject of Personal Data.
“Device” means any device that can access the Website such as a computer, a mobile phone or a digital tablet.
“Mall” means Westgate Shopping Mall situate on Title Numbers Nairobi/Block 7/77 and Nairobi/Block 7/70 on Mwanzi Road, Nairobi Kenya.
“Mobile App” means the Westgate Shopping Mall mobile application owned and operated by SHL downloadable from Google Play Store and the App store.
“Personal Data” is any information that relates to an identified or identifiable individual.
“Platforms” means the Website and Mobile App.
“Processing" means any operation or sets of operations which is performed on Personal Data or on sets of Personal Data whether or not by automated means, such as (a) collection, recording, organisation, structuring; (b) storage, adaptation or alteration; (c) retrieval, consultation or use; (d) disclosure by transmission, dissemination, or otherwise making available; or (e) alignment or combination, restriction, erasure or destruction and the word “Processed” shall be construed accordingly.
“Services” refers to the services offered in the shops, restaurants and service provider stores located in the Mall; including online booking services with respect to movies aired in the cinema and purchase of gift vouchers.
“Website” refers to this website, accessible from Westgate Shopping Mall - Nairobi's premier shopping Mall.
“you” means the individual accessing or using the Services on the Website or Mobile App, or the company, or other legal entity on behalf of which such individual is accessing or using the Services on the Website or Mobile App, as applicable.
Website and Mobile App Privacy Policy
1. Introduction
We take your privacy seriously and are committed to safeguarding your Personal Data at Sony Holdings Limited (registered owner of the Website and Mobile App). “We” or “us” or “Sony Holdings Limited” or “SHL” values you as our guest, respect your privacy and are committed to protecting it through compliance with this policy.
This policy describes the Personal Data that we may collect from you or that you may provide to us, our purposes for collecting and Processing your Personal Data, and our practices for collecting, using, maintaining, retaining, protecting and disclosing that Personal Data.
Please read this policy carefully to understand our policies and practices regarding your Personal Data and how we will treat it. On accessing the Platforms, you will have an option to accept the terms of this Privacy Policy. If you do not agree with our policies and practices, your choice is not to use our Platforms.
If you have any questions or concerns about this privacy policy or your Personal Data, please contact us using the details provided in the Section titled – ‘How do you contact us?’.
2. What Personal Data do we collect about you?
2.1 Personal Data you give us
The Personal Data we collect on or through our Platforms may include:
• Information that you provide by filling in forms. This may include information provided at the time of registering to use our Mobile App, subscribing to the Westgate Shopping Mall newsletter, using the ‘contact us’ form, interacting with our live chat, using the careers portal or requesting further Services, purchasing the Mall’s gift vouchers, entering a contest, campaign or promotion sponsored by us and third parties we may collaborate with or reporting a problem with our Website, Mobile App or Services. The Personal Data that you provide us with may include your name, email address, phone number and identification proof (such as your National Identity Card or Passport).
• Information that you provide when you contact us by directly calling our customer service operators for general enquiries, register complaints on the “contact us” form or request for any assistance/Services. Information may include your name, email address, identification details and contact number.
• Information that you provide to help us improve our Platforms, Services, details of transactions you carry out through our Platforms and of the fulfilment of your online booking orders on our Platforms. You may be prompted to external sources that require you to provide financial information before making payment through our Platforms.
• Information collected to contact and advise you when you make activation and leasing enquiries via our Platforms including your name, your company’s name, identification details, email address, mobile number, Form CR12, Certificate of Incorporation, KRA PIN Certificate, Memorandum and Articles of Association, Bank Statements and Police Clearance Certificates.
2.2 Other Personal Data we collect
We may automatically collect the following information when you visit our Website, use our Mobile App or utilize our Services:
• Your Device details, browsing actions and patterns collected automatically as you navigate through our Platforms.
• Usage details, time of requests, browser types, operating system, IP addresses and information collected through cookies and other tracking technologies.
• Details of your visits to our Platforms, including traffic data, location data, logs and other communication data and the resources that you access and use therein.
The information we collect automatically is statistical data. It helps us to improve our Platforms and to deliver a better and more personalized service by enabling us to:
• Estimate our audience size and usage patterns.
• Store information about your preferences, allowing us to customize our Platforms according to your individual interests.
• Speed up your searches and recognize you when you return to our Platforms.
The technologies we use for this automatic data collection may include:
• Cookies: A cookie is a small piece of data, which includes an identifier made of letters and numbers that is sent by a web browser and stored on your Device. Cookies are used as a reliable mechanism to remember information about you, so your interaction with our Platforms is seamlessly simple. Cookies typically do not contain any information that personally identifies you, but Personal Data that we store about you may be linked to the information stored in and obtained from cookies. Please refer to our Cookie Policy for more details on Cookies.
We use Cookies for the following purposes:
• To identify you when you visit our Platforms and to help you navigate through our Platforms;
• To help determine if you are logged into our Platforms;
• To store information about your preferences and to personalize our Platforms for you; and
• To analyse the use and performance of our Platforms.
3. What are the sources of your Personal Data?
The sources of your Personal Data may include without limitation the following:
• Our Website.
• Emails, text messaging services and other electronic messages: These are the electronic text-based interaction between you and us when you subscribe to the Westgate Shopping Mall newsletter or raise enquiries regarding our Platforms and Services.
• Our Mobile App.
• Customer service: Any communication between you and our customer service help desk (such as via phone call, live chatbot or email).
• Registration forms: This includes Personal Data we collect via registration forms, contests, events, campaigns and various promotions held by us in the Mall.
• Career Portal: This includes the recruitment portal on our Platforms.
This policy does not apply to information collected:
• through any other means, including any other website operated by any third party; or
• by any third party, including through any application or content (including advertising) that may link to the Platforms.
4. Why do we collect and how we use your Personal Data?
We use your Personal Data for several legitimate interests, including providing and improving our Platforms, Services, administering our relationship with you and our business.
4.1 To provide, develop and improve our Platforms and Services:
We use the Personal Data (such as Device ID, IP address and web-pages visited) we collect to perform essential business operation purposes pursuant to our legitimate business interests, for example to understand usage patterns within our Platforms; and to develop, provide, improve, and personalize our Platforms and Services. Save for certain instances such as for online movie ticket bookings and campaigns held by us, we do not link this information to a particular data subject or Device, but instead measure general traffic patterns and other analytics to help us improve our customer experience and Service offerings. All such Personal Data shall be anonymized during storage and retention where applicable.
4.2 To respond to any queries made by you:
We would need to collect and use the following Personal Data: name, email address, phone number and details of your enquiry to respond to any queries raised by you.
In certain cases, your enquiry may relate to a specific Service request, for example: requesting an online booking for a movie ticket on the Platforms. For such requests, we need to use your Personal Data to help us respond to your request and to fulfil our contractual obligations under the requested Service.
4.3 To provide you with Westgate Shopping Mall Newsletters and information about Services and latest offers in the Mall:
It is in our legitimate business interests to send you information about the Mall’s Services and latest offers and to provide subscribers with the Mall’s newsletters. We will send you an email to allow you to opt in to receiving the Mall’s newsletters and any communication to you about the latest offers, promotions and services in the Mall will be sent to you in accordance with the relevant terms and conditions as accepted by you. We use your Personal Data such as email address and/or contact number to share information relating to the Mall’s Services and latest offers that may be of interest to you. In the event you prefer not to receive such information, you may opt-out by following the instruction provided in the Section titled – “How to opt-out?”.
4.4 To personalize the information we send you:
We may combine the information we receive and collect about you to better understand your interests and preferences so that we can provide you with an experience that is tailored to those interests and preferences. For example, we may do this by notifying you of any events conducted in the Mall, or sending you personalized offers, discounts or promotions where you have opted to receive the same, or advertising content that is relevant to your interests. In the event you prefer not to receive such information, you may opt out by following the instruction provided in the Section titled – “How to opt out?”.
4.5 To facilitate Advertisements:
We use the Personal Data you provide us with for commercial purposes to help us tailor and show advertisements to you should you opt to receive the same. We may partner with third parties to help us display relevant advertising and to manage our advertising across the Platforms. Our third-party partners may use cookies and non-cookie-based technologies to help us show you advertising based upon your browsing activities and interests. In the event you wish to opt-out, you may do so by following the instruction provided in the Section titled – “How to opt out?”.
4.6 To manage your Westgate Gift Voucher:
The Westgate gift vouchers exist in denominations of Kshs. 1,000 and Kshs. 5,000 respectively; and are purchasable from the Platforms. The gift vouchers are accepted as payment mechanisms at stores and outlets across the Mall. For those purchasing the gift vouchers, we collect and use personal data such as name, email address and mpesa payment numbers. We collect and use your Personal Data to fulfil our contractual obligations towards you.
4.7 To request your feedback and to respond to complaints:
Your satisfaction is our utmost priority and we proactively take necessary steps to ensure you are well satisfied with our Services and Platforms.
To help us respond to your feedback or complaints, we would need to collect the following Personal Data: name, email address, transaction details, mobile number and your feedback/complaints as lodged in the “Contact Us form” or after the completion of your call with our customer service operators.
We collect and use your Personal Data in pursuit of our legitimate business interests to address your concerns and to take necessary steps towards continual improvement. In the event you prefer not to receive such information, you may opt out by following the instruction provided in the Section titled – “How to opt out?”.
4.8 To establish a working relationship with potential Tenants and Licensees:
We collect/receive Personal Data about you through one of the following channels:
• When you send us an enquiry for tenancy or licensing opportunities in the Mall;
• When you participate in any of our sales, marketing and promotional campaigns;
We collect the following Personal Data: name, email address, identification details, contact number, designation, the company you represent, Form CR12, Certificate of Incorporation, KRA PIN Certificate, Memorandum and Articles of Association, Bank Statements and Police Clearance Certificates. We use this Personal Data for the purposes listed below, in pursuit of our legitimate business interests:
• To share information relating to our Services and Platforms, and possible tenancy and licensing opportunities at the Mall;
• To notify you/invite you to future events, campaigns that may be of interest to you and/or the company you represent subject to obtaining your prior consent; and
• To establish a working relationship with the company you represent.
4.9 To enter into or fulfil service contracts with potential Tenants and Licensees:
We collect and use Personal Data such as name, email address, contact number details and in certain cases passport/government identification proof to facilitate the performance of the tenancy, license agreement or contract between us and the organization you represent. We may also collect similar Personal Data of the employees of your organization that would be stationed within the Mall to facilitate security pass clearance pursuant to our legitimate business interest and to fulfil our contractual obligations.
4.10 To facilitate email campaigns carried out by our sales and marketing departments:
As part of our email campaigns, we track whenever you receive, open, click a link, or download any attachments from an e-mail you receive from us. We will carry out automated profiling of such information to evaluate your interest in our service offerings or promotions. This Processing will enable us to identify and target potential guests, tailor our marketing and provide you with relevant and timely content based on your interests subject to obtaining your prior consent, in pursuit of our legitimate business interests. In the event you prefer not to receive such information, you may opt out by following the instruction provided in the Section titled – “How to opt out?”.
4.11 To comply with legal requirements and exercise or defend legal claims:
We may need to process and retain your Personal Data to comply with legal requirements to which we are subject (for example in relation to licensing, health and safety). It is in our legitimate interests to process Personal Data for the purposes of exercising and defending legal claims. Processing Personal Data may also be necessary to ensure compliance with the relevant legal and regulatory obligations.
4.12 To process your payments and protect against fraudulent transactions:
We may need to process your Personal Data to keep your payments safe and secure and protect against fraudulent transactions. It is in our legitimate interests to process Personal Data to keep your payments secure and to prevent fraud. We may also require your Personal Data to send payment reminders and legal intimations in case of overdue payments. Processing Personal Data in this way may also be necessary to ensure compliance with the relevant legal and regulatory obligations.
4.13 To comply with any opt-out or do not disturb requests we receive from you:
We understand that you may not prefer for us to contact you with any offers, promotions or details of our products and Services. In the event you opt-out, we may be required to maintain Personal Data such as your name, email address, contact number and the subscription(s) that you have opted out of to ensure compliance with your requests. Also, in the future, if you wish to hear from us, you may at any time, contact us to opt-in and we would be happy to keep you posted about our latest offers, promotions and/or details of our products and Services.
4.14 To manage and administer any of our events and competitions which you enter:
We collect and use the Personal Data provided by you when you participate in any of the events, competitions and campaigns hosted within our Mall. The Personal Data may include name, email address, contact details and government identification proof/passport details. We use the Personal Data pursuant to our contractual obligations and to ensure we can successfully process any awards/gifts/offers that you may win in such events.
We may also collect and use Personal Data of event management representatives to plan and conduct events within our Mall. We collect and use the Personal Data to maintain contact, co-ordinate support and to obtain necessary local clearance to manage and administer the event.
5. How to opt out?
1. Email: You can click on the unsubscribe link provided in the email you receive from us.
2. SMS: you can follow the instruction provided in the messages you receive from us.
3. Contact us: You may contact us using the details provided in the Section titled – ‘How do you contact us?’.
6. Who might we share this Personal Data with?
We may disclose Personal Data that we collect, or you provide as described in this privacy policy:
• We may share your Personal Data with any of our holding companies to enable you to request our Services, to process your payments, understand your preferences, send you information about products and Services that you may have expressed interest in pursuant to obtaining your prior consent and conduct the other activities described in this privacy policy.
• We may use carefully selected third parties to perform services on our behalf or to assist us with the provision of Services to you or operation of the Platforms. For example, we may engage cloud service providers, IT service providers and other third parties to provide concierge services, IT security services, brand promotions, marketing, advertising and communication services, to personalize and optimize our Platforms and Services, to analyze and enhance data (including data about users’ interactions with our Platforms and Services), and to provide legal, accounting, insurance, audit and other professional services. While providing such services, these third parties may have access to your Personal Data.
• Where required or permitted by law, Personal Data may be provided to others, such as regulators and law enforcement agencies.
• We may share with government or regulatory requests to comply with any court order, law or legal process.
• We may share with other companies and organizations for the purposes of fraud protection and credit risk reduction if we believe disclosure is necessary or appropriate to protect the rights, property or safety of the company, our customers or others.
7. How long do we keep Personal Data about you?
We will only keep your Personal Data for as long as is reasonably necessary taking into consideration our need to answer queries or resolve problems, any other purpose outlined above or to comply with legal requirements under applicable law(s). This means that we may retain your Personal Data for a reasonable period, for example, till the end of the leasing contract with the organization you represent, or after your query has been addressed. In certain cases, we may retain your Personal Data for a longer period where extended retention periods are required by law or regulation and to establish, exercise or defend our legal rights. We will ensure that it is disposed in a secure manner when it’s no longer needed.
For more information on where and how long your Personal Data is stored, and for more information on your rights of erasure and portability, please contact us using the details provided in the Section titled – ‘How do you contact us?’.
8. How secure is your Personal Data?
Your Personal Data security is an important concern to us. We provide the utmost care in secure transmission of your Personal Data from your Devices to our servers. We use industry security standards to safeguard the confidentiality of your Personal Data (such as firewalls, hash (password), strong password protection, multiple authentications, encrypted passwords and servers securely hosted on cloud servers) and to make sure that your Personal Data is secure with us.
We have implemented and maintained appropriate technical and organizational security measures, policies and procedures to protect your Personal Data from accidental loss, unauthorized access, use, alteration and disclosure. All Personal Data you provide to us is stored in our secure servers behind firewalls. All payment transactions are encrypted using SSL technology. Other measures we take include:
• Placing confidentiality requirements on our staff and service providers;
• Restriction of access to your Personal Data to employees and third parties strictly on a need to know basis, such as to respond to your enquiry or request;
• Destroying or anonymizing Personal Data if it is no longer needed for the purposes for which it was collected; and
• Using secure communication channels for transmitting Personal Data.
The safety and security of your Personal Data also depends on you. You are responsible for keeping your password confidential. We ask you not to share your password with anyone.
Unfortunately, the transmission of your Personal Data via the internet is not completely secure. Although we do our best to protect your Personal Data, we cannot guarantee the security of your Personal Data transmitted to our Platforms. Any transmission of Personal Data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained in the Platforms.
9. What are your rights?
You have rights in relation to your Personal Data as given below.
If you wish to access any of these rights, we may ask you for additional information to confirm your identity and for security purposes, before disclosing Personal Data to you. We reserve the right to charge a fee where permitted by law, for example, if your request is manifestly unfounded or excessive.
If you would like to access the below rights, you may contact us via the contact details set out in Section 11 herein. We shall aim to comply with all requests within reasonable time in-line with applicable laws. We may not always be able to fully address your request, for example,
• if it would impact the confidentiality we owe to others, or
• if we are legally entitled to deal with the request in a different way, or
• if your request involves deletion of Personal Data that is required to comply with the legal requirements.
We will make every reasonable effort to honour your request in-line with applicable laws. In the event we require additional time due to the complexity of the request, we shall promptly inform you of the same.
The right to access
You have the right to obtain confirmation as to whether we process Personal Data about you, receive a copy of your Personal Data held by us, and obtain certain other information about how and why we Process your Personal Data (like the information provided in this privacy statement).
The right to rectification
You have the right to request for your Personal Data to be amended or rectified where it is inaccurate (for example, if you change your name or email address) and to have incomplete Personal Data completed.
The right to restrict Processing of Personal Data
You have the right to restrict our Processing of your Personal Data in the following cases:
• Temporarily for a period when you have contested the accuracy of the Personal Data;
• Temporarily for a period when you have objected to the legitimate interest identified by us;
• Your Personal Data has been unlawfully Processed and you request the restriction of Processing instead of deletion;
• The Personal Data is no longer necessary in relation to the purposes for which it was collected and processed but the Personal Data is required by you to establish, exercise or defend legal claims.
We can continue to use your Personal Data following a request for restriction, where:
• we have your consent; or
• to establish, exercise or defend legal claims; or
• to protect the rights of another natural or legal person.
The right to erasure
You have the right to obtain deletion of your Personal Data in the following cases:
• The Personal Data is no longer necessary in relation to the purposes for which it was collected and Processed;
• Our lawful basis for Processing is consent, you withdraw consent and we have no other lawful basis for the Processing;
• Our lawful basis for Processing is that the Processing is necessary for a legitimate interest pursued by us, you object to our Processing and we do not have overriding legitimate grounds;
• You object to our Processing for direct marketing purposes;
• Your Personal Data has been unlawfully Processed; and
• Your Personal Data must be erased to comply with a legal obligation under the Data Protection Act, 2019 and subsidiary legislation to which we are subject.
We are not required to comply with your request to erase Personal Data if the Processing of your Personal Data is necessary:
• For compliance with a legal obligation; or
• For the establishment, exercise or defence of legal claims.
The right to object to the Processing of Personal Data
You have the right to object to our Processing of your Personal Data in the following cases:
• our lawful basis for Processing is that the Processing is necessary for a legitimate interest pursued by us; and
• our Processing is for direct marketing purposes.
The right to data portability
You have the right to receive your Personal Data provided to us and have the right to send the Personal Data to another organization (or ask us to do so if technically feasible) where our lawful basis for Processing the Personal Data is consent or necessity for the performance of our contract with you and the Processing is carried out by automated means.
The right to withdraw consent at any time (where Processing is based on consent)
Where we Process Personal Data based on consent, data subjects have a right to withdraw consent at any time.
The right to lodge a complaint
Subject to the provisions of the Data Protection Act, 2019, if you are not content with how we manage your Personal Data, or if you want to complain about our use of your Personal Data, you can contact us in one of the ways mentioned in Section 11 – ‘How do you contact us?’. We will look into and respond to any complaints we receive.
10. Updates on Policy
This policy may change from time to time. Your continued use of our Platforms after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
11. How do you contact us?
In case of any queries related to this policy, you can contact us in one of the following ways:
• By email: info@westgate.co.ke
• By visiting this page on our website: Westgate Shopping Mall - Nairobi's premier shopping Mall
• By phone number: +254715557775
12. Definitions
For the purposes of this Privacy Policy:
"data subject" means an identified or identifiable natural person who is the subject of Personal Data.
“Device” means any device that can access the Website such as a computer, a mobile phone or a digital tablet.
“Mall” means Westgate Shopping Mall situate on Title Numbers Nairobi/Block 7/77 and Nairobi/Block 7/70 on Mwanzi Road, Nairobi Kenya.
“Mobile App” means the Westgate Shopping Mall mobile application owned and operated by SHL downloadable from Google Play Store and the App store.
“Personal Data” is any information that relates to an identified or identifiable individual.
“Platforms” means the Website and Mobile App.
“Processing" means any operation or sets of operations which is performed on Personal Data or on sets of Personal Data whether or not by automated means, such as (a) collection, recording, organisation, structuring; (b) storage, adaptation or alteration; (c) retrieval, consultation or use; (d) disclosure by transmission, dissemination, or otherwise making available; or (e) alignment or combination, restriction, erasure or destruction and the word “Processed” shall be construed accordingly.
“Services” refers to the services offered in the shops, restaurants and service provider stores located in the Mall; including online booking services with respect to movies aired in the cinema and purchase of gift vouchers.
“Website” refers to this website, accessible from Westgate Shopping Mall - Nairobi's premier shopping Mall.
“you” means the individual accessing or using the Services on the Website or Mobile App, or the company, or other legal entity on behalf of which such individual is accessing or using the Services on the Website or Mobile App, as applicable.