DELIVERYMALL KENYA LIMITED PRIVACY POLICY Effective Date: March 10, 2025 | Last Updated: March 10, 2025 Applies to: DeliveryMall User App | DM Vendor App | DM Driver App Contact: [email protected] | Tel: 0787 111 333 1. Overview DeliveryMall Enterprise Limited ("DeliveryMall", "we", "us", or "our") operates a delivery and marketplace platform serving Kisumu and Western Kenya. This Privacy Policy describes how we collect, use, store, share, and protect personal information when you use any of our mobile applications and related services. We are committed to protecting your privacy in accordance with: • Kenya Data Protection Act, 2019 • EU General Data Protection Regulation (GDPR) • Google Play Store Data Safety Requirements • Apple App Store Privacy Guidelines By downloading, installing, or using any DeliveryMall application, you acknowledge that you have read and understood this Privacy Policy and consent to our data practices as described herein. 2. Applications Covered This Privacy Policy applies to all three DeliveryMall applications: Application Users Primary Purpose DeliveryMall User App Customers / Buyers Order food, groceries, parcels, services; track deliveries DM Vendor App Merchants / Sellers List products, manage orders, receive payments DM Driver App Delivery Riders / Drivers Accept deliveries, navigate, receive earnings 3. Data We Collect We collect the following categories of personal information, depending on which app you use: 3.1 Account & Identity Information • Full name, phone number, email address • Profile photograph (all apps) • Government-issued ID or driver's licence (DM Driver App only — for identity verification) • Vehicle registration details (DM Driver App) • Business name, business logo, business registration details (DM Vendor App) 3.2 Location Information • Real-time GPS location while the app is open and in use • Delivery pick-up and drop-off addresses • Manually entered delivery addresses Note: We do NOT collect background location when the app is closed. Location is only accessed when the app is actively in use on your device. 3.3 Transaction & Payment Information • Order history, amounts, timestamps • M-Pesa or mobile money phone number (passed to payment processors) • Payment card details (processed and stored exclusively by Paystack or Flutterwave — we do not store raw card data) • Vendor payout and earnings records (DM Vendor and Driver apps) 3.4 Communications & Activity Data • In-app chat messages between customers, vendors, and drivers • Customer support interactions • Delivery proof photographs submitted by drivers • Ratings and reviews 3.5 Device & Technical Information • Device type, operating system, app version • Device identifiers (advertising ID, Firebase installation ID) • IP address, network type • App usage data, crash logs, performance metrics • Push notification tokens 4. How We Use Your Data Purpose Data Used Legal Basis Create and manage your account Name, phone, email, photo Contract performance Process and fulfil orders Location, order data, payment info Contract performance Connect drivers to deliveries Driver location, vehicle info Contract performance Process payments & payouts Payment details via processors Contract performance Verify driver identity ID documents, licence Legal obligation Send order & service notifications Phone, email, device token Contract / Consent Improve app performance Crash logs, usage analytics Legitimate interest Prevent fraud & ensure safety Device data, activity logs Legitimate interest Comply with legal requirements Any relevant data Legal obligation Resolve disputes Order records, chat messages Legitimate interest 5. Data Sharing & Disclosure We do not sell your personal information. We share data only in the following circumstances: 5.1 Within the Platform • Customers <-> Drivers: Name, phone number (masked), and real-time location shared during active deliveries only. • Customers <-> Vendors: Order details and delivery address shared to fulfil your order. 5.2 Third-Party Service Providers Provider Purpose Data Shared Paystack Payment processing Payment details, phone, email Flutterwave Payment processing Payment details, phone, email Google Firebase Database, analytics, notifications Device ID, usage data Google Analytics App usage analytics Anonymised usage data Meta (Facebook) SDK App analytics & attribution Device ID, app events Crashlytics / Sentry Crash & error reporting Device info, crash logs SMS Gateway Provider SMS notifications Phone number, message content All third-party providers are contractually required to process data only for specified purposes and maintain appropriate security standards. 5.3 Legal Disclosure We may disclose your data where required by Kenyan law, court order, or regulatory authority, including the Office of the Data Protection Commissioner (ODPC). 6. Location Data App When Collected Purpose User App App open, during order placement Auto-fill delivery address, show nearby vendors Vendor App App open, during business hours Show vendor on map, route drivers to pickup Driver App App open, during active deliveries Real-time tracking, route navigation, delivery proof Important: We never access your location when the app is running in the background or closed. You may revoke location permission at any time in your device settings, though this will limit core delivery functionality. 7. Payment Data DeliveryMall uses Paystack and Flutterwave as PCI-DSS compliant payment processors. We do NOT store your raw payment card numbers, CVV codes, or M-Pesa PINs on our servers. Payment processors may retain transaction records as required by financial regulations. Please review their privacy policies at paystack.com/privacy and flutterwave.com/privacy-policy. 8. Communications We communicate with you through: Push Notifications, SMS, Email, and In-App Chat. Order-related communications are necessary for service delivery and cannot be opted out of while using the platform. Marketing communications require your consent. You may opt out at any time by: • Turning off notifications in your device settings • Tapping "Unsubscribe" in any marketing email • Contacting us at [email protected] 9. Data Retention Data Category Retention Period Reason Account data Until account deletion + 30 days Account management Order history 5 years Legal / tax compliance Payment records 7 years Financial regulations (KRA) Driver ID documents Duration of contract + 1 year Legal verification Chat messages 12 months Dispute resolution Crash logs 90 days App improvement Analytics data 26 months (anonymised) Service improvement 10. Your Rights Under the Kenya Data Protection Act 2019 and GDPR, you have the following rights regarding your personal data: • Right to Access: Request a copy of all personal data we hold about you. • Right to Rectification: Correct inaccurate or incomplete personal data. • Right to Erasure: Request deletion of your personal data ("right to be forgotten"). • Right to Restriction: Restrict how we process your data in certain circumstances. • Right to Portability: Receive your data in a structured, machine-readable format. • Right to Object: Object to processing based on legitimate interests. • Withdraw Consent: Withdraw consent for marketing communications at any time. • Right to Complain: Lodge a complaint with the Kenya ODPC or your local authority. To exercise any of these rights, contact us at [email protected]. We will respond within 30 days. 11. Account & Data Deletion You can delete your account directly from within any DeliveryMall app. Go to Profile > Settings > Delete Account. This will permanently delete your account and associated personal data, subject to the retention requirements in Section 9. You may also request deletion by emailing [email protected] with the subject line "Data Deletion Request". We will confirm and process the deletion within 30 days. Please note that some data (e.g. financial transaction records) may be retained for the period required by law even after account deletion. Online data deletion request form: https://deliverymall.co.ke/delete-data 12. Children's Privacy DeliveryMall services are intended exclusively for users who are 18 years of age or older. We do not knowingly collect personal information from individuals under the age of 18. If we become aware that a user under the age of 18 has provided personal information, we will take immediate steps to delete such information and terminate the account. If you believe a minor has registered, please contact us at [email protected]. 13. Data Security We implement industry-standard technical and organisational measures to protect your personal data, including: • Encryption of data in transit (TLS 1.2+) and at rest (AES-256) • Secure API authentication and access controls • Regular security audits and vulnerability assessments • Staff training on data protection and privacy • Access limited to authorised personnel on a need-to-know basis • PCI-DSS compliant payment processing via Paystack and Flutterwave In the event of a data breach that affects your rights, we will notify you and the Office of the Data Protection Commissioner (ODPC) within 72 hours as required by law. 14. Third-Party SDKs & Services SDK / Service Provider Data Collected Opt-Out Firebase Analytics Google App usage, events Device ad settings Firebase Cloud Messaging Google Device token Disable notifications Crashlytics Google/Firebase Crash reports, device info Contact us Facebook/Meta SDK Meta Platforms App events, device ID Limit ad tracking in settings Paystack SDK Paystack Inc. Payment data N/A (required for payments) Flutterwave SDK Flutterwave Inc. Payment data N/A (required for payments) 15. Legal Basis for Processing • Performance of a Contract: Processing necessary to provide our delivery and marketplace services. • Legal Obligation: Processing required to comply with Kenyan law, tax regulations, and financial reporting requirements. • Legitimate Interests: Analytics, fraud prevention, app improvement — balanced against your rights. • Consent: Marketing communications, optional analytics. You may withdraw consent at any time. 16. Changes to This Policy We may update this Privacy Policy from time to time. When we make material changes, we will: • Update the "Last Updated" date at the top of this page • Send a push notification and/or email to registered users • Display an in-app banner for at least 7 days after the change Continued use of our apps after notification constitutes acceptance of the updated policy. 17. Contact Us Field Details Company DeliveryMall Enterprise Limited Email [email protected] Phone 0787 111 333 Website deliverymall.co.ke Address Kisumu, Kenya If you are not satisfied with our response, you have the right to lodge a complaint with the Office of the Data Protection Commissioner (ODPC), Kenya at odpc.go.ke. DELIVERYMALL KENYA LIMITED TERMS & CONDITIONS Effective Date: March 10, 2025 | Last Updated: March 10, 2025 Governing Law: Republic of Kenya | Jurisdiction: Kisumu, Kenya 1. Acceptance of Terms These Terms and Conditions ("Terms") constitute a legally binding agreement between you and DeliveryMall Enterprise Limited ("DeliveryMall", "we", "us", or "our"), governing your access to and use of: • DeliveryMall User App • DM Vendor App • DM Driver App • deliverymall.co.ke By downloading, installing, creating an account, or otherwise using any DeliveryMall application or service, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, do not download or use our applications. You must uninstall the application and cease using our services. 2. Eligibility To use DeliveryMall services, you must: • Be at least 18 years of age • Have the legal capacity to enter into binding contracts under Kenyan law • Provide accurate and complete registration information • Have a valid Kenyan phone number capable of receiving SMS • Not have been previously banned or suspended from DeliveryMall services For drivers specifically, you must hold a valid Kenyan driving licence applicable to your vehicle category and comply with all applicable transport regulations. For vendors specifically, you must hold any licences or permits required to sell your goods or services under Kenyan law. Age Restriction: Our services are strictly for adults aged 18 and over. We do not knowingly permit individuals under 18 to register or use our platform. 3. Applications & User Roles Application Role Primary Activities DeliveryMall User App Customer Browse vendors, place orders, track deliveries, make payments, request services DM Vendor App Merchant / Seller List products and services, manage inventory, receive and process orders, receive payments DM Driver App Delivery Partner Accept delivery assignments, navigate to pickup and drop-off, confirm deliveries, receive earnings Each role is subject to the general terms herein plus the role-specific terms in Sections 7 and 8. 4. User Accounts 4.1 Account Registration You must register for an account to access most features of our platform. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate. 4.2 Account Security • You are responsible for maintaining the confidentiality of your account credentials • You must not share your account with any other person • You must notify us immediately at [email protected] if you suspect unauthorised access • DeliveryMall is not liable for losses resulting from unauthorised use of your account 4.3 One Account Per Person Each individual may maintain only one active User account. Vendors and Drivers may operate one account per entity. Creating duplicate accounts to circumvent restrictions or bans is strictly prohibited. 4.4 Account Deletion You may delete your account at any time via Profile > Settings > Delete Account within the app. Account deletion is subject to the data retention terms in our Privacy Policy. 5. Our Services DeliveryMall operates as a technology platform that connects customers, vendors, and delivery drivers. Our services include: • Marketplace: Connecting buyers with local vendors for food, groceries, and products • Delivery Services: Last-mile delivery of goods and parcels within our service areas • Errand Services: Handyman services, gas refills, water refills, and related errands • Vendor Platform: Tools for merchants to list, manage, and sell products online • Driver Platform: Tools for delivery partners to manage assignments and earnings Platform Role: DeliveryMall is a technology intermediary. We facilitate transactions between customers, vendors, and drivers but are not the seller of goods or the employer of drivers in the traditional sense, unless explicitly stated otherwise. 6. Acceptable Use & Prohibited Conduct By using our platform, you agree NOT to: • Use the platform for any unlawful purpose or in violation of Kenyan law • Submit false, inaccurate, or misleading information • Impersonate any person or entity • Use automated tools, bots, or scripts to access or scrape the platform • Attempt to gain unauthorised access to our systems or other users' accounts • Engage in fraudulent transactions, chargebacks, or payment abuse • Harass, threaten, or abuse other users, vendors, or drivers • Post defamatory, offensive, or harmful content in reviews or messages • Circumvent, disable, or otherwise interfere with any security features • Order prohibited, illegal, or counterfeit goods or services • Create fake orders or manipulate ratings and reviews Violations may result in immediate account suspension or termination and may be reported to law enforcement authorities. 7. Vendor-Specific Terms Section 7 applies exclusively to DM Vendor App users. 7.1 Vendor Responsibilities • Ensure all listed products and services comply with Kenyan consumer protection laws • Maintain accurate inventory, pricing, and availability information • Prepare orders promptly and within the stated preparation time • Ensure food and consumable products meet health and safety standards • Hold all required business licences, health certificates, and permits • Not list prohibited or illegal items on the platform 7.2 Commission & Fees DeliveryMall charges a commission on each completed transaction. Commission rates are communicated during vendor onboarding and may be updated with 14 days' notice. By continuing to use the platform after notice, vendors accept the updated rates. 7.3 Payouts Vendor earnings are processed and paid out according to the payout schedule agreed during onboarding, minus applicable platform commissions and transaction fees. Payouts are made via M-Pesa or bank transfer. 7.4 Product Listings DeliveryMall reserves the right to remove any listing that violates these Terms, applicable law, or our content policies, without prior notice. 7.5 Vendor Liability Vendors are solely responsible for the quality, safety, and accuracy of their products and services. DeliveryMall is not liable for product defects, food safety issues, or misrepresentation by vendors. 8. Driver-Specific Terms Section 8 applies exclusively to DM Driver App users. 8.1 Driver Status DeliveryMall drivers are independent contractors, not employees of DeliveryMall. Nothing in these Terms creates an employment, agency, partnership, or joint venture relationship between you and DeliveryMall. 8.2 Driver Requirements • Valid Kenyan national ID or passport • Valid driving licence applicable to your vehicle • Valid vehicle registration and insurance • Roadworthy vehicle in good working condition • Smartphone capable of running the DM Driver App 8.3 Driver Obligations • Accept and complete deliveries with care and professionalism • Maintain correct GPS location sharing during active deliveries • Submit accurate delivery proof photographs upon completion • Maintain a minimum customer rating as specified by DeliveryMall • Comply with all traffic laws and regulations • Not subcontract deliveries to unauthorised third parties • Keep your vehicle, licence, and registration up to date 8.4 Driver Earnings Earnings are calculated per delivery based on distance, delivery type, and applicable surge pricing. DeliveryMall deducts a platform service fee from gross earnings. Payouts are made via M-Pesa on the agreed schedule. 8.5 Driver Insurance & Liability Drivers are responsible for maintaining appropriate vehicle insurance. DeliveryMall does not provide vehicle insurance for drivers. Drivers are liable for any damage caused to third parties, goods, or property while performing deliveries. 9. Payments & Fees 9.1 Payment Methods We accept the following payment methods via Paystack and Flutterwave: M-Pesa, Airtel Money, Visa / Mastercard, and Bank Transfer. 9.2 Pricing All prices are in Kenyan Shillings (KES) and include applicable taxes unless otherwise stated. Delivery fees are calculated and displayed before order confirmation. 9.3 Payment Authorisation By placing an order and confirming payment, you authorise DeliveryMall to charge the stated amount to your selected payment method. All transactions are final upon confirmation unless a valid refund claim is raised per Section 10. 9.4 Failed Payments If a payment fails, your order will not be processed. DeliveryMall is not liable for losses arising from failed payments due to insufficient funds or network issues. 9.5 Taxes Vendors are responsible for all applicable taxes on their sales. DeliveryMall may collect and remit VAT where required by Kenyan law. 10. Cancellations, Refunds & Disputes 10.1 Order Cancellations Stage Cancellation Policy Before vendor accepts order Free cancellation, full refund After vendor accepts, before preparation Cancellation may incur a fee; partial refund possible During preparation or after driver assigned Cancellation fee applies; no refund of preparation costs After delivery confirmed No cancellation; dispute process applies 10.2 Refund Eligibility Refunds may be considered for: items not received due to driver or vendor error; significantly incorrect order; damaged, spoiled, or unsafe products; duplicate charges due to system error. 10.3 Refund Process To request a refund, contact us within 24 hours of delivery at [email protected] with your order number and evidence (photos). Approved refunds are processed within 5-7 business days. 10.4 Disputes DeliveryMall will mediate disputes between customers, vendors, and drivers in good faith. Our decision in such disputes is final and binding. 11. Intellectual Property All content on the DeliveryMall platform — including logos, app design, software code, graphics, text, and trademarks — is the exclusive property of DeliveryMall Enterprise Limited and is protected by Kenyan and international intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable licence to use the DeliveryMall apps solely for their intended purposes. You may not: • Copy, modify, or distribute any part of our platform or content • Reverse engineer, decompile, or attempt to extract source code • Use our trademarks, logos, or branding without prior written consent • Create derivative works based on our platform or services 12. Disclaimer & Limitation of Liability 12.1 Disclaimer of Warranties DeliveryMall services are provided "as is" and "as available" without warranties of any kind, whether express or implied, including implied warranties of merchantability or fitness for a particular purpose. 12.2 Limitation of Liability To the fullest extent permitted by Kenyan law, DeliveryMall's total liability for any claim shall not exceed the amount you paid to DeliveryMall in the 30 days preceding the event giving rise to the claim. We are not liable for: indirect, incidental, or consequential damages; loss of profits, data, or goodwill; actions or omissions of vendors or drivers; third-party service failures; events outside our reasonable control (force majeure). 13. Indemnification You agree to indemnify, defend, and hold harmless DeliveryMall Enterprise Limited, its directors, officers, employees, agents, and partners from and against any claims, liabilities, damages, losses, costs, or expenses arising out of or in connection with: • Your use of or access to our apps and services • Your violation of these Terms • Your violation of any applicable law or third-party rights • Any content you submit, post, or transmit through our platform • Any products or services you sell through the platform (vendors) • Any deliveries you perform through the platform (drivers) 14. Suspension & Termination 14.1 By DeliveryMall We reserve the right to suspend or permanently terminate your account, without notice or liability, if you have: violated any provision of these Terms; engaged in fraudulent, illegal, or harmful conduct; provided false registration information; engaged in abuse or harassment. 14.2 By You You may terminate your account at any time by deleting it via Profile > Settings > Delete Account or by contacting support. 14.3 Effect of Termination Upon termination, your right to access and use our services immediately ceases. Sections 11, 12, 13, 15, and 16 survive termination. 15. Dispute Resolution 15.1 Informal Resolution Before initiating formal legal proceedings, you agree to first contact DeliveryMall at [email protected] and allow us 30 days to resolve the dispute informally. 15.2 Arbitration If informal resolution fails, disputes shall be resolved through binding arbitration in Kisumu, Kenya, in accordance with the Arbitration Act, Chapter 49 of the Laws of Kenya. The language of arbitration shall be English. 15.3 Class Action Waiver You agree that any dispute resolution proceedings will be conducted on an individual basis only. You waive any right to participate in class action lawsuits against DeliveryMall. 15.4 Consumer Rights Nothing in these Terms limits your rights under the Kenya Consumer Protection Act, 2012 or other applicable consumer protection legislation. 16. Governing Law These Terms are governed by and construed in accordance with the laws of the Republic of Kenya. Subject to the arbitration clause above, you consent to the exclusive jurisdiction of the courts of Kisumu County, Kenya. 17. Changes to These Terms We may update these Terms from time to time. When we make material changes, we will: • Update the "Last Updated" date on this page • Send a push notification or email to registered users at least 7 days before changes take effect • Display a prominent in-app notice Continued use of our services after the effective date of revised Terms constitutes your acceptance of the updated Terms. 18. Contact Us Field Details Company DeliveryMall Enterprise Limited Email [email protected] Phone 0787 111 333 Website deliverymall.co.ke Address Kisumu, Kenya App Download https://play.google.com/store/apps/details?id=com.deliverymall.userke iOS app coming soon. In the meantime, use Add to Home Screen via Safari (PWA) as a temporary solution.