Privacy Policy

1. Introduction

Gemitide Digital ("Gemitide Digital", "we", "our", or "us") respects your privacy and is committed to protecting personal information entrusted to us.

This Privacy Policy explains how we collect, use, store, share, and protect personal information when you visit our website, contact us, submit an enquiry about a service or pricing package, or engage our digital marketing and technology services.

We are committed to handling personal information responsibly and in accordance with applicable data protection laws, including the Kenya Data Protection Act, 2019, and its applicable regulations.

By using our website or engaging our services, you acknowledge that you have been provided with this Privacy Policy.

2. Information We Collect

We collect information that you voluntarily provide to us and certain technical information generated when you interact with our website.

2.1 Information You Provide

Depending on how you interact with us, we may collect:

  • Personal identification information: Your name and, where necessary, your professional role.
  • Contact information: Email address, telephone number, and business contact details.
  • Business information: Company or organisation name, industry, website address, and business location.
  • Project information: Services requested, marketing objectives, project descriptions, preferred timelines, and budget ranges.
  • Communication information: Messages, enquiry details, feedback, and correspondence with our team.

This information is collected through our website contact/enquiry form (including enquiries submitted about a specific service or pricing package), email communications, telephone calls, and WhatsApp conversations.

2.2 Automatically Collected Information

When you visit our website, certain technical information may be collected through website technologies and analytics tools, where enabled. This may include:

  • IP address and approximate geographical location.
  • Browser type and version.
  • Device type and operating system.
  • Pages visited and time spent on our website.
  • Website referral sources and navigation activity.
  • Interactions with website features and forms.

We may use tools such as Google Analytics 4 and Google Tag Manager to understand website performance, visitor behaviour, and the effectiveness of our marketing activities, subject to applicable consent requirements.

2.3 Information Received from Third Parties

Where applicable, we may receive business-related information from advertising platforms, social media platforms, referral partners, or other service providers when you interact with our campaigns or business profiles.

We only process such information for legitimate and disclosed business purposes.

3. How We Use Your Information

We use personal information for the following purposes:

3.1 Responding to Enquiries

  • Responding to contact and service enquiries.
  • Providing quotations and proposals.
  • Arranging a call or meeting with you by email, phone, or WhatsApp in response to your enquiry.
  • Conducting requested preliminary marketing assessments.

3.2 Providing Our Services

We may use relevant information to deliver services such as:

  • Search Engine Optimisation (SEO).
  • Social media management.
  • Google Ads and Meta advertising management.
  • Website design and development.
  • Branding and graphic design.
  • Content creation and video production.
  • Email marketing and automation.
  • WhatsApp Business marketing.
  • Digital analytics and performance reporting.
  • Lead generation and conversion optimisation.

3.3 Improving Our Website and Services

We analyse website usage, campaign performance, and customer feedback to improve our services, website functionality, marketing strategies, and user experience.

3.4 Business Communication

We may contact you regarding your enquiries, ongoing projects, service updates, proposals, invoices, and other relevant business matters.

3.5 Marketing Communications

Where permitted by law and where the appropriate legal basis exists, we may send information about our services, marketing insights, special offers, and business updates.

You may opt out of promotional communications at any time by using the unsubscribe option where available or contacting us directly.

4. Lawful Basis for Processing

We process personal information only where we have an appropriate lawful basis under applicable data protection legislation. Depending on the circumstances, these bases may include:

  • Consent: Where you have freely and knowingly agreed to a particular use of your personal information.
  • Contractual necessity: Where processing is necessary to provide a service or take steps requested before entering into a contract.
  • Legitimate interests: Where processing is necessary for legitimate business purposes and does not override your rights and freedoms.
  • Legal obligations: Where we are required to process or retain information to comply with applicable laws.

Where consent is the applicable legal basis, you may withdraw it, subject to any lawful processing already carried out before withdrawal.

5. Cookies and Tracking Technologies

Our website may use cookies, pixels, tags, and similar technologies to improve functionality, understand visitor behaviour, measure advertising performance, and enhance the user experience. Depending on the technologies enabled, these may include:

  • Essential cookies: Required for core website functionality and security.
  • Analytics cookies: Used to understand website traffic and visitor interactions.
  • Advertising and marketing cookies: Used to measure campaigns, understand advertising performance, and support relevant marketing activities.

Third-party technologies may include Google Analytics, Google Ads, Meta advertising technologies, and other marketing or analytics platforms.

Where required, we will request consent before activating non-essential cookies and tracking technologies. Our website does not currently have an on-site cookie preference tool; until one is added, you can manage cookies through your browser's own settings, and this page will be updated if and when on-site cookie controls are introduced.

6. How We Share Personal Information

We do not sell your personal information.

However, we may share relevant information with trusted third parties where necessary for legitimate business operations, service delivery, or legal compliance. These parties may include:

  • Website hosting and infrastructure providers: To host and maintain our website and related systems.
  • Analytics providers: To measure website performance and visitor behaviour.
  • Advertising platforms: Such as Google and Meta, where advertising and conversion tracking services are used.
  • Communication providers: To facilitate email, telephone, and WhatsApp communications.
  • Technology and software providers: To support website development, data storage, security, and business operations.
  • Professional advisers: Where necessary for legal, accounting, or compliance purposes.
  • Public authorities: Where disclosure is required by applicable law.

Third-party service providers are expected to handle personal information in accordance with applicable data protection requirements and appropriate contractual safeguards.

7. Client Data and Digital Marketing Services

Gemitide Digital provides digital marketing and technology services to businesses, organisations, and individuals.

In delivering these services, we may access or process information relating to our clients' customers, website visitors, advertising audiences, social media followers, or prospective customers. Depending on the nature of the engagement:

  • A client may act as the data controller, determining why and how personal information is processed.
  • Gemitide Digital may act as a data processor, handling personal information on the client's documented instructions.
  • In certain circumstances, Gemitide Digital may independently act as a data controller for specific processing activities.

Where we process personal information on behalf of a client, the applicable service agreement and data processing arrangements will govern our responsibilities.

We do not use client information for unrelated purposes or independently repurpose client customer databases for our own marketing activities without an appropriate lawful basis.

8. Data Storage, Security and Protection

We take reasonable technical and organisational measures to protect personal information against unauthorised access, alteration, disclosure, loss, or destruction. Depending on the systems and services used, these measures may include:

  • Secure website connections using HTTPS.
  • Restricted access to business systems and customer information.
  • Appropriate authentication and access controls.
  • Secure data storage and transmission practices.
  • Regular software maintenance and security updates.
  • Appropriate backup and recovery arrangements.
  • Confidentiality obligations for personnel and relevant service providers.

Although we take reasonable precautions, no method of electronic storage or internet transmission can be guaranteed to be completely secure.

9. Data Retention

We retain personal information only for as long as necessary to fulfil the purposes for which it was collected, meet contractual obligations, comply with applicable legal requirements, and resolve legitimate business or legal matters. Our intended retention approach is:

  • General enquiries and prospective client information: Up to 12 months after the last meaningful communication, unless a longer period is justified.
  • Active client information: For the duration of the business relationship and any additional period required for legitimate business or legal purposes.
  • Financial and transaction records: For the period required under applicable tax, accounting, and other legal requirements.
  • Marketing preferences and consent records: For as long as necessary to maintain and demonstrate compliance with applicable marketing and data protection requirements.
  • Website analytics information: According to the applicable analytics platform configuration and retention settings.

When personal information is no longer required, we will take reasonable steps to delete, anonymise, or securely dispose of it.

10. International Data Transfers

Some technology, hosting, analytics, advertising, and communication providers may process or store information outside Kenya.

Where personal information is transferred outside Kenya, we will take appropriate steps to ensure that the transfer complies with applicable data protection legislation, including the required safeguards or other lawful transfer conditions.

11. Your Data Protection Rights

Under applicable data protection laws, including the Kenya Data Protection Act, 2019, you may have the right to:

  • Be informed about how your personal information is collected and used.
  • Request access to personal information held about you.
  • Request correction of inaccurate, incomplete, or misleading information.
  • Request deletion of personal information where legally applicable.
  • Object to the processing of your personal information.
  • Request restriction of processing where applicable.
  • Request portability of your personal information where the legal conditions are met.
  • Withdraw consent where processing is based on consent.
  • Lodge a complaint with the Office of the Data Protection Commissioner (ODPC).

These rights are subject to applicable legal conditions and limitations.

12. How to Exercise Your Rights

If you wish to access, correct, delete, or otherwise exercise your rights regarding personal information held by Gemitide Digital, please contact us using the details provided below.

We may request reasonable information to verify your identity before processing a request.

We will handle requests in accordance with applicable legal requirements and timelines.

13. Third-Party Websites and Platforms

Our website may contain links to third-party websites, social media platforms, advertising services, and other external resources.

These platforms operate independently and may have their own privacy policies and data handling practices.

Gemitide Digital is not responsible for the privacy practices of external websites or platforms. We encourage you to review their respective privacy policies before sharing personal information.

14. Children's Privacy

Our services and website are primarily intended for businesses, professionals, and adults.

We do not knowingly collect personal information directly from children unless there is a lawful reason and the required authorisation and safeguards are in place.

If we become aware that personal information has been collected from a child without the required authorisation, we will take appropriate steps to address the matter.

15. Changes to This Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our business operations, website functionality, technology, or applicable legal requirements.

Any updates will be published on this page, together with the revised effective or updated date.

We encourage visitors and clients to review this policy periodically.

16. Contact Us

If you have questions, concerns, or requests relating to this Privacy Policy or the handling of your personal information, please contact us:

Gemitide Digital

For matters concerning personal data protection, you may also contact the Office of the Data Protection Commissioner in Kenya through its official website: www.odpc.go.ke.