Renter Privacy Policy

Last Updated:

October 31, 2024

OTTO  DATA PRIVACY POLICY

1. INTRODUCTION

As your privacy is important to us, this privacy statement explains the personal data Otto collects, the mode of processing it, and the purposes for which the data is collected.

This statement should be read together with the Terms and Conditions for Use of the Otto Platform and services as well as other formal documents available on the Otto Platform. Where there is a conflict regarding data privacy, this statement will prevail.‍

2. DEFINITIONS

  • “Application” means the Otto mobile device and online Platform.
  • “You” means: a person requesting our services by registering onto and using the Otto Platform, as a Host.
  • “Otto”, “we” or “us”, “our” and “ours” means: the business name registered to and under which Froncourse Investments Limited, a private limited company incorporated and registered under the laws of the Republic of Kenya, trades and provides an online and mobile device car sharing platform that connects hosts (car owners) with renters (drivers who rent the hosts’ vehicles). Otto is accessible online at Otto and as a mobile device application - which will be referred to as “Services” throughout this document.
  • Otto Platform/Services – means collectively, the Otto mobile device applications, websites and ancillary features, services and offerings.
  • Personal Information/Data refers to any information relating to an identified or identifiable natural person (the User).
  • Data refers to raw, unprocessed information collected to be processed into meaningful information either through a computing system or manually.
  • Data subject means an identified or identifiable natural person who is the subject of personal data;
  • Consent means any manifestation of express, unequivocal, free, specific and informed indication of the data subject's wishes by a statement or by a clear affirmative action, signifying agreement to the processing of personal data relating to the data subject.
  • Data Controller means a natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purpose and means of processing of personal data.
  • Data Processor means a natural or legal person, public authority, agency or other body which processes (e.g., collects or analyzes) personal data on behalf of the data controller.
  • Host means a vehicle owner who has registered themselves and their vehicle(s) onto the platform to access the Services

For the purposes of this policy, OTTO acts as both Data Controller and Data Processor.

3. STATEMENT DETAILS

3.1 COLLECTION OF INFORMATION

When you register an account on the Application as a Host, you will be sharing your personal data as an individual or if you are a legal entity, your data and the personal data of individuals (data subjects) that you hold as a Data Controller and/or Processor with us. This Policy constitutes an integral part of the Terms and Conditions which you have reviewed and accepted. By continuing to access our application, you expressly consent to our collection, storage, use and disclosure of your information as described in this Policy.  You should contact OTTO directly with any questions or concerns.

OTTO may change, modify, amend, update, terminate, or replace this Policy from time to time at its sole and absolute discretion.  In the event OTTO changes, modifies, amends, updates or replaces this Policy, the effective date of this Policy will change to the date of amendment or replacement.  Your continued use of the Application after a change in the effective date of this Policy constitutes your assent to the change, modification, amendment, or replacement contained within. We collect your personal information with your knowledge and consent when you do any of the following (please note that this list is not exhaustive):

  • Register for Otto Services,
  • Rent/Hire out your vehicle using the Otto Platform
  • Subscribe to or use Otto Services online, on the cloud, or other device,
  • Subscribe to Otto or third-party premium rates services, Short Message Service (SMS), email or social media platforms;
  • Ask Otto for more information about a product or service or contact Otto with a query or complaint;
  • Respond to or participate in a survey, marketing promotion, prize competition or special offer;
  • Visit, access or use Otto or third-party websites;
  • We may also collect your information from other organizations including credit-reference bureaus, fraud prevention agencies and business directories;
  • We may collect your information when you interact with us as a supplier, agent, merchant or dealer as prescribed in this statement;
  • We also collect information when you visit any of our premises.

3.2 WHAT INFORMATION IS COLLECTED?

The information we collect and store about you includes but is not limited to the following:

  • Account data. When you register for an account with us, we require certain personal information to open your account, such as your name, copy of Kenyan National Identity Card, Passport or Certificate of Incorporation, email address, and password.
  • Profile data. We may also ask you to provide additional profile information to use certain features of the Services which may include street addresses, phone numbers, driver’s license number or copy, date of issuance and issuing county, profile photos, employer, city, school, and date of birth. Certain parts of your profile (like your profile photos, employer, city, school, and biography) are part of your public profile page and will be publicly visible to others.
  • Vehicle data. We collect information you provide in relation to a vehicle such as vehicle listing details, vehicle license plate number, vehicle chassis number, date of manufacture, motor vehicle insurance, availability dates, reviews, and uploaded trip photos.
  • Payment data. We collect your digital payment details, bank account or payment card numbers, mobile money payment line and transaction information in connection with potential or actual transactions, which may be processed and stored by one or more third party payment service providers, digital payments companies and mobile payment service providers.
  • Identity verification data. In some instances, we may collect identity verification information such as a photograph or scanned copy of a driver’s license, passport, national ID card, or payment card, your KRA PIN, NSSF number, social media account information, driver’s/motor vehicle record, insurance information, or other forms of identification information. Where we request that you withhold certain information (such as obscuring or redacting aspects of identification information), please do so.
  • Communications data. When you communicate with Otto, including via phone, email, or chat, or use the Services to communicate with other users, we may record the communication, collect information about your communication and any information you choose to provide.
  • Usage data. We collect information about your interactions with the Services, such as the pages or other content you view, your searches, bookings you have made, how long you spent on a page or screen, sites from which you link or browse to in the Services, navigation paths between pages or screens, information about your activity on a page or screen, access time, duration of access, and other actions on the Services.
  • Location data. When you use certain features of the Services, we may collect information about your approximate location (e.g., city/town associated with your IP address). When you opt in to use our location sharing feature, we may collect the precise location information of your mobile device. Keep in mind that most mobile devices allow you to control or disable the use of location services by any application on your mobile device in the device’s settings menu.
  • Device data. We collect information about your computer or mobile device, such as its operating system type and version number, manufacturer and model, browser type, screen resolution, IP address, unique device identifiers, or general location information such as city, state, or geographic area.
  • Trip data. We collect transactional information related to the vehicle rentals you make through the Services, including the date and time of the rental, amounts charged, and other related rental details.
  • Cookies and similar technology. When you access the Services, we (including companies we work with) may place small data files on your computer or other device. These data files may be cookies, clear gifs, pixel tags, e-tags, “Flash cookies”, or other local storage provided by your browser or associated applications (collectively “Cookies”).
  • Information from third party sources
    • Third-party services. If you choose to log in to our Services through a third-party site or service (e.g., Safaricom or Airtel mobile number, Apple, Facebook, or Google), the third-party service may send us information such as your registration and profile information from that service. The information we may receive varies by service and is controlled by the relevant service. By associating an account managed by a third party with your Otto account and authorizing Otto to have access to this information, you agree that Otto may collect, store, and use this information in accordance with this Privacy Policy. We are not responsible for how those third parties use and share your information. Please refer to the privacy policies of those third parties to understand how they use and share your personal information.
    • Third-party in-vehicle devices. If a vehicle you avail for rental or booking through the Services includes an in-vehicle device or system operated by a third-party service (including vehicle manufacturers) or installed by you, you and/or third-party service will be solely responsible for your collection and use of such information but may disclose such information to Otto, which we will use in accordance with this Privacy Policy.
    • Background check services. To the extent permitted by applicable laws, Otto may collect background information about you from public records, background check providers, or other screening services, including credit reports and information about criminal convictions or from sex offender registries. We may use your information, including your full name and date of birth, to obtain such reports.
  • Other sources. To the extent permitted by applicable law, we may receive additional information about you, such as demographic data, fraud detection information, or data from credit bureaus and other third-party data providers.
  • We may collect the following information from unregistered users of the Application:
    • Mailing address (postal and physical);
    • Product information; and
    • Phone number;
    • GPS Location

We may combine the information about you that we receive from third-party sources with other information we have about you.

You also acknowledge and warrant that the Information submitted through the Application registration form is accurate and not misleading.  You agree to keep this information current and to inform us of any changes to the Information that you have provided. Failure to provide such information may result in OTTO not being able to provide you with services or access to the Application.

Please keep in mind that whenever you voluntarily disclose information by ordering products or otherwise providing such information through the Application, that information may be seen by those users or third parties to whom you send that information.  OTTO is not responsible for the security or privacy of any information you choose to submit in connection with these features.

3.3 USE OF INFORMATION

We use, store, and process your personal information to provide and improve the Services and for security and safety purposes. For example, we may use your information:

To provide the Services, including to:

  • Provide and operate the Services;
  • Provide customer support;
  • Send you service, support, and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you at any telephone number, by placing a voice call or through text (SMS) or email messaging or messaging on the Platform;
  • Facilitate your login to the Services via third-party identity and access management providers, such as Facebook, Google, and Apple;
  • Process transactions and send notices about your transactions;
  • Personalize or customize your user experience;
  • Enable you to communicate with other Otto users, including by sending them messages or other information during the booking process;
  • Facilitate your referral invitations;
  • Send your requests for reviews, for fraud detection and prevention, and for any purpose you authorize at the time of collection;
  • Administer referral programs, rewards, surveys, contests, or other promotional activities or sponsored events in which you participate;
  • For research and development;
    • We may use your personal information to analyze and improve the Services and to develop new products and services, including by studying our user demographics of the Services. We may also create aggregated, de-identified, or other anonymous data from your personal information. We make personal information into anonymous data by removing information that makes the data personally identifiable to you. We may use this anonymous data and share it with third parties for our lawful business purposes, including to analyze and improve the Services and promote our business;
  • For marketing and advertising;
    • We and our third-party advertising partners, may collect and use your personal information for marketing and advertising purposes;
    • We may send you Otto-related marketing communications as permitted by law;
    • Interest-based advertising. We may contract with third party advertising and social media companies to display ads on the Services and other sites. These companies may use cookies and similar technologies to collect information about you (including the device data, online activity data, and/or geolocation data described above) over time across our Services and other sites and services or your interaction with our emails, and use that information to serve ads that they think will interest you;
  • For security and safety;
    • Verify your identity or authenticate information that you provide, including during account creation and password reset processes;
    • Resolve disputes, collect fees, and troubleshoot problems;
    • Detect, prevent, and/or remediate fraud, abuse, security incidents, or other potentially harmful, prohibited, or illegal activities;
    • Determine your likelihood of getting into an accident or of making an insurance claim, such as by checking your auto insurance score;
    • Using information from your mobile or in-vehicle device to identify unsafe driving behavior, including speeding or harsh braking and acceleration, and to raise awareness regarding such behavior;
    • Detect, prevent, or remediate violations of and enforce our Terms of Service and Policies
    • Manage and protect our information technology infrastructure and intellectual property;
    • Conduct investigations and risk assessments;
    • Conduct checks against databases and information sources (such as but not limited to public government databases);
    • Perform creditworthiness and solvency checks;
  • To comply with law;
    • We use your personal information as we believe necessary or appropriate to comply with applicable laws, lawful requests, and legal processes, such as to respond to subpoenas or requests from government authorities;
  • All of the foregoing is done with your consent;
  • In some cases, we may specifically ask for your consent to process your personal information in relation to a particular matter; and
  • We may also use your personal information as described elsewhere in this Privacy Policy or as disclosed to you at the time of collection.

3.4 LAWFUL BASIS FOR PROCESSING YOUR INFORMATION

We will process your personal information for or pursuant to any of the lawful purposes provided for under the Data Protection Law:

  • The performance of a Product/Service Agreement with you;
  • Otto’s legitimate business interests;
  • Compliance with a mandatory legal obligation;
  • Consent you provide;
  • Public interest;
  • Your vital interest.

3.5 SHARING OF YOUR INFORMATION

  • Consent

We may share your information at your direction or with your consent.

  • Profiles, listings, and other public information

Your public listing page on the Services will always include some basic information, such as your user ID or name associated with your account, your public profile photo, the city where your car is located, your listing description, your calendar availability, transaction related information to allow our community to evaluate your reliability and responsiveness, and reviews or feedback about you. Your public listing page may also include information about your cancellations. The Services may also display the approximate but not exact geographic pick-up location of your vehicle.

The Services allow your public profile and public listing pages to be included in search engines, in which case your public profile and public listing pages may be indexed by search engines and may be published as search results.

  • Sharing between hosts and renters

Otto enables car owners to offer and share their vehicles with car renters. If a car renter agrees to a booking through the Services, we may provide your information to the other party in that transaction as reasonably necessary to facilitate the transaction. For example, Otto may provide your mobile phone number to facilitate communication, your driver's license information to confirm license validity, or your photograph to facilitate identification. We will also share the address of the vehicle and, if applicable, the proposed delivery location with the other party. We also share photos of the car to ensure alignment of the state of the vehicle at pick up and drop off. The other party may also send you text messages (such as to confirm pickup or delivery location).

  • Service providers

We may share information with vendors and service providers who support the operation of the Services and business and who need access to such information to carry out their work for us (including, for example, roadside assistance, web hosting, analytics, payment processing, email delivery, marketing, insurance, claims administration, and customer support services). In some cases, the service provider may directly collect the information from you on our behalf. These service providers may use your personal information only as directed or authorized by us.

  • Third-party platforms and social media networks

If you have enabled features or functionality that connect the Services to a third-party platform or social media network (such as by logging in to the Services using your account with the third party, providing your API key or similar access token for the Services to a third party, or otherwise linking your Services account to a third-party’s services), we may disclose to the third-party platform or social media network the personal information necessary to facilitate the connection or that you authorized us to share. We do not control the third party’s use of your personal information.

  • Professional advisors

We may disclose your personal information to professional advisors, such as lawyers, bankers, auditors, and insurers, where necessary in the course of the professional services that they render to us.

  • Business transfers

We may sell, transfer, or otherwise share some or all of our business or assets, including your personal information, in connection with a business transaction (or potential business transaction) such as a corporate divestiture, merger, consolidation, acquisition, reorganization, or sale of assets, or in the event of bankruptcy or dissolution.

  • Responding to legal requests, preventing harm, and protecting our rights

We may disclose your personal information to courts, law enforcement, governmental or tax authorities, or third parties. We will make such disclosure to the extent we are required or permitted to do so by applicable law or where we consider such disclosure is reasonably necessary to comply with our legal obligations or legal process, to respond to claims asserted against us, and for any security or safety reasons. We may also disclose your information in response to valid legal requests relating to criminal investigations or alleged or suspected illegal activity or any other activity that may expose Otto, you, or any other user, or to protect the rights, property, or personal safety of Otto, our users, or others.

We may also disclose your personal information as described elsewhere in this Privacy Policy or as disclosed to you at the time of collection.

3.6 THE USE OF HYPERLINKS

Our websites may provide hyperlinks to other locations or websites on the Internet. These hyperlinks might lead to websites published or operated by third parties who are not affiliated with or in any way related to us and have been included in our website to enhance your user experience and are presented for information purposes only. We do not endorse, recommend, approve or guarantee any third- party products and services by providing hyperlinks to an external website or webpage and do not have any co-operation with such third parties unless otherwise disclosed. We are not in any way responsible for the content of any externally linked website or webpage. By clicking on a hyperlink, you will leave the Otto webpage and accordingly you shall be subject to the terms of use, privacy and cookie policies of the other website that you choose to visit.

4. COOKIES & SIMILAR TECHNOLOGIES

The Application uses cookies which are small data files that are installed on your device (personal computer, tablet, mobile phone, etc.), for a limited time in order to personalize the user experience. Cookies can be used to remember your access credentials, register your preferences and grant you faster access to the Application. We also use cookies to customize the services and offers available to you on the Application by sending information that may be of interest to you and personalize advertisements in the Application.

You can disable the use of cookies in your browser, in which case your preferences will not be maintained and some features of the Application will not be available. Below, you will find links to the help pages of the main browsers explaining how to disable cookies:

Chrome:

https://support.google.com/chrome/answer/95647?co=GENIE.Platform%3DDesktop&hl=en

Mozilla Firefox:

https://support.mozilla.org/en-US/products/firefox/protect-your-privacy/cookies

Edge:

https://support.microsoft.com/en-us/help/4468242/microsoft-edge-browsing-data-and-privacy

Explorer:

https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies

Safari:

https://support.apple.com/en-ke/guide/safari/sfri11471/mac

The Application also uses web beacons (or pixels) that transmit information from your device to a server, similar to cookies. Web beacons can be inserted in online content, videos and emails, and allow you to read certain type of information from your device, at what time and date a certain content or email has been accessed, and the IP address of the device. Web beacons are used in conjunction with cookies for the same purpose and to measure traffic patterns on the web and/or Application.

5. THIRD-PARTY WEBSITES AND SERVICES

The third-party service providers affiliated with OTTO have their own independent privacy policies governing the use of your Information and we encourage you to read those privacy policies carefully. OTTO has no responsibility or liability for the Information collection, use, or storage activities of the third-party service providers used by OTTO.

OTTO may outsource or subcontract some of our technical support, tracking, and reporting functions, database management functions, and other services to third parties. We may share information from or about you with them so that they can perform their services as long as they comply with this Policy. You are encouraged to review any third-party privacy policies before utilizing any such third-party service.

6. INFORMATION TRANSFER AND STORAGE

Information will be processed and stored on servers or magnetic media that maintain high standards of security and protection both physically and technologically such as Amazon Web Services or other similar platforms. Through your use of the Application, you consent to the processing and storage of your Information.

You understand that your information may be transferred to and maintained on computers located outside of your state, country, or other governmental jurisdiction. Any such transfer applicable, will conform to the prescribed requirements as in the Data Protection Act.

If you believe that there has been a breach of your data privacy rights by OTTO, please contact us at help@ottogoes.com

7. ACCESS TO AND UPDATING YOUR INFORMATION

  • Opting out of marketing communications

You may opt out of marketing-related emails by following the opt-out or unsubscribe instructions at the bottom of the email. You may continue to receive service-related and other non-marketing emails. If you receive marketing text messages from us, you may opt out of receiving further marketing text messages from us by replying STOP to our marketing message or as described in the message.

  • Correct and update
    • You can review, correct, update, and edit certain information that has been previously provided to us by you at any time by logging in to your account and reviewing your account settings and profile. You can also access or request a correction of your information by contacting us on any of the helplines listed at https://info.otto.rentals/host-articles/getting-in-t. For your protection, we may need to verify your identity before implementing your request.

8. INFORMATION SECURITY

OTTO uses standard technology to store and help prevent unauthorized disclosure of your Information.  Though we undertake commercially reasonable efforts to protect your information, no website, software, or online service is completely safe. Accordingly, you provide all such information at your own risk.

9. ACCOUNT CLOSURE

If you wish to close your account and request deletion of your personal information, please send an email to help@ottogoes.com

Please note that we may be unable to delete information needed to comply with applicable laws, detect or prevent fraud, collect any fees owed, resolve disputes, assist with or process claims, troubleshoot problems, assist with any audits and investigations, to enforce our Terms of Service and take other actions reasonably necessary, permitted, or required by applicable law. There may also be residual information that will remain within our databases and other records, which will not be removed.

10. ACCESS

You can request a copy of your personal information pursuant to any information access rights that you may have under applicable laws in Kenya. We may request proof of identification or re-authentication to verify your access request.

11. LOCATION DATA

Users of our Services can disable the application’s access to the device’s location within the device’s settings.

12. INTEREST-BASED ADVERTISING CHOICES

Your choices for limiting use of your personal information for interest-based advertising include:

  • Blocking cookies in your browser. Most browsers let you remove or reject cookies, including cookies used for interest-based advertising. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings.
  • Blocking advertising ID use in your mobile settings. Your mobile device settings may provide functionality to limit use of the advertising ID associated with your mobile device (e.g., Apple ID for Advertising or Google Advertising ID) for interest-based advertising purposes.
  • Using privacy plug-ins or browsers. You can block sites from setting cookies for interest-based ads by using a browser with privacy features or installing browser plugins and configuring them to block third party cookies/trackers.
  1. INTERNATIONAL DATA TRANSFERS

Your personal information may be used, stored, and processed in any country where we have facilities or in which we engage service providers. These locations may be outside of your state, county, province, or country of residence, and may have different and/or less protective data protection rules than those of your state, county, province, or country. As a result, this information may be subject to access requests from governments, courts, regulatory agencies, security authorities, or law enforcement in those jurisdictions according to the laws in those jurisdictions. Where we send your information outside Kenya, we will make sure that your information is properly protected in accordance with the applicable Data Protection Laws.

13. KENYAN USERS’ RIGHTS.

Under the Data Protection Act, all data subjects have the following rights:

  • To be informed of the use to which their personal data is to be put; You have the right to be informed of our reasons for the collection and processing of your personal data. The reasons we provide must be specific, clear, legitimate and lawful.
  • To access their personal data in custody of a data controller or data processor; You have the right to request and obtain information detailing your personal information we hold
  • To object to the processing of all or part of their personal data; You have the right to request OTTO to stop processing (collection and analyzing) all or part of the personal data that we have collected from you. Where such data cannot be deleted, we shall duly anonymise and/or pseudonymise it to ensure it is not identifiable.
  • To correction of false or misleading data: You have the right to request that OTTO correct any false, incorrect or misleading personal data of yours we may hold.
  • To deletion of false or misleading data about them: You have the right to request that OTTO delete any of your personal data that we collected from you.
  • To exercise your individual rights under the Data Protection Act as a data subject, or as a legal entity under this policy, you may submit a request to OTTO by contacting OTTO at help@ottogoes.com

14. PURCHASE OR SALE OF THE APPLICATION OR THE WEBSITE.

OTTO may purchase other businesses or sell components of its business, including, but not limited to, the Application. In the event OTTO purchases another business or sells any component of its business, your Information will continue to be used in a manner consistent with the terms of this Policy.

15. HOW TO STOP OTTO FROM COLLECTING YOUR INFORMATION

You can stop OTTO from collecting your Information by contacting OTTO at help@ottogoes.com and by requesting that OTTO stop collecting your Information.  Additionally, you can adjust your web browser settings to limit or turn off Cookies or other tracking techniques, or you can cease use of the Application. OTTO does not respond to Do Not Track requests and signals. If you want to stop receiving mails from OTTO please click on the “Unsubscribe” button when you receive an email from OTTO.

We do not collect Information without the consent of its owner. However, in the event of such withdrawal of consent, we may not continue to provide you with services or grant you access to the Application.

16. YOUR OBLIGATIONS

When using the Website, you are obligated to inform OTTO of any changes to your Information.

17. CONSENT

By using the Application and sharing your Data with OTTO through the Application, you expressly accept, authorize and consent to the collection and use of your Data in accordance with the descriptions in these Policies. OTTO does not collect Data without the consent of its owner.

18. AUTOMATED DECISION MAKING

We may use automated decision-making in case of issuing warnings and implementing rental marketplace service suspension. Using automated decision-making is less error-prone, more efficient and safer than using our employees. Data about your usage of the transportation services (data about renting status including cancellations and no-shows and data about your conduct as assessed by hirers) is considered when assessing the need for a warning or suspension. Car renting suspension will stay in force for 6 months, after which access to renting services will be restored.

You will always have the right for human review of the decision and to contest the decision, express your point of view and obtain an explanation by contacting our customer support in our app.

19. CONTACT AND NOTICES

All questions and concerns regarding this Policy may be submitted to OTTO at: help@ottogoes.com

20. RIGHT TO LODGE COMPLAINT

You have the right to lodge a complaint with the relevant supervisory authority that is tasked with personal data protection within the Republic of Kenya

21. CHILDREN

The Services are not intended for anyone under the age of 18 and we do not knowingly collect personal information from users under the age of 18. If a child under the age of 18 has already provided us with personal information in the capacity of a car hirer, his or her parent or guardian may contact us to request that we delete it.

30. NON-COMPLIANCE WITH THIS STATEMENT

OTTO shall have the right to terminate any agreement with you for failure to comply with the provisions of this statement and reject any application for information contrary to this statement.

31. AMENDMENTS TO THIS STATEMENT

OTTO reserves the right to amend or modify this statement at any time. If OTTO amends this statement, you can access the most current version of the privacy statement by clicking this link …… so that you will always know how your personal information is being used or shared. Any amendment or modification to this statement will take effect from the date of notification on the Otto website.

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