WHO WE ARE

Company Name: Top Quality Motors Limited (“TQM”, “We”, “Us”)

Physical Address: Top Quality Building Offices, Ruiru, Thika Road, Nairobi Kenya.

At Top Quality Motors, accessible from topqualitymotorsltd.com, we prioritize the privacy of our visitors. This Privacy Policy outlines the types of information collected and recorded by topqualitymotorsltd.com, as well as how we use that information.

In regard to our client who lives in Kenya or other foreign countries, we are the data controller in relation to your personal information whenever you subscribe to and access/use any of our products or services. The products or services may be subscribed to or accessed through direct interaction on Top Quality Motors Limited portals, websites, Journals and over the phone.

This privacy policy lasts for an indefinite period and is considered active until there is a factual reason to negate it so long as the client still enjoys any of the products from the company. In addition, we describe the measures we take to ensure your information stays private.

INFORMATION WE COLLECT

We are required to receive or take some information so that we can operate, provide, improve, comprehend, assist tailor and even promote our goods and services to serve you better. Such information could include, the type of information that we have depends on what we receive and what we gather or collects when customers utilizes our products and services.

INFORMATION YOU PROVIDE

Your Contact and Financial Data

In order to create an account, you provide some basic details such as your profile details and other details such as your vehicle information. You provide us lawful information as stated legally. You may also give us an email address and your name and contact details. You might also be able to add additional information to your account, including a picture of yourself and about you.

Customer Support (Communication Data)

Additionally, you could provide us with any information that could help you in using our Services, including messages or emails that you may have sent in the past and how to reach you in order to attend to your concerns. For instance, you may send an email to us attaching information regarding the service or highlighting other challenges.

THIRD PARTY INFORMATION

Information provided about you by others

We may receive information about you from other users and businesses. For instance, when individuals or businesses you are connected to utilize our Services, they might share details such as your name, and other information like unique identifiers. Similarly, you may share similar information about them. We require all users and businesses to ensure they have the legal rights to collect, use, and share your information before providing it to us.

Third-Party Service Providers

We collaborate with third-party service providers to assist in operating, delivering, enhancing, understanding, customizing, supporting, and marketing our Services. For instance, we partner with companies to handle motor insurance claims, manage deliveries and supply chains, and process payments. These partnerships enable us to better understand how users interact with our Services, promote our offerings, facilitate connections between users and businesses, conduct surveys and research, and provide customer support. In certain situations, these companies may share information about you with us. For example, insurance providers might supply reports to help us approve motor vehicle repairs.

Businesses on Top Quality Motors Limited

Businesses you engage with through our Services may share information with us regarding their interactions with you. Additionally, a service provided by Top Quality Motors Limited may rely on another company to authenticate users or assist in storing, reading, and responding to your messages on behalf of and in support of that business. Please be aware that when businesses utilize third-party services, the terms and privacy policies of those third parties will govern your use of their services and how your information is handled within those services.

Third-Party Services

We enable you to use our Services in conjunction with third-party services and Top Quality Motors Limited products. When you do so, we may receive information about you from these third parties. For instance, this could occur if you use a share button on a news platform to share an article with groups or broadcast lists on our Services, or if you access our Services through a promotion by a mobile carrier or device provider. Please note that the use of third-party services or Top Quality Motors Limited products is governed by their respective Terms and Privacy Policies.

AUTOMATICALLY COLLECTED INFORMATION

Usage information

We may gather data about your activities on our Services, including service-related, diagnostic, and performance information. This includes details about how you use our Services, your settings, interactions with others, and the time, frequency, and duration of your activities and interactions. Additionally, we collect log files, diagnostic reports, crash data, website analytics, and performance logs.

Location Information

We collect device location data when you use features that require location access, such as sharing your location with contacts, viewing nearby locations, or accessing locations shared with you. We also use this data for diagnostics and troubleshooting, such as resolving issues with our online features like websites. Various technologies, including IP addresses, help us determine your location.

Cookies

We use cookies to operate and enhance our Services, including web-based platforms, by improving your experience, understanding usage patterns, and personalizing our Services. For example, cookies help us optimize web and desktop-based Services, identify popular Frequently Asked Questions (FAQs), and deliver relevant content. Additionally, cookies enable us to remember your preferences, such as language settings, provide a safer experience, and customize our Services to meet your needs.

HOW WE USE INFORMATION

We use the information we collect (subject to the choices you make) to operate, provide, improve, understand, customize, support, and market our Services. Below is a detailed explanation:

1. Operating Our Services

We utilize the information to deliver and enhance our Services, provide customer support, and ensure smooth functionality. This includes analyzing user behavior, troubleshooting issues, and developing new features. Your information also helps us address inquiries and provide timely responses when you contact us.

2. Account Information

Your phone number, profile details, and receipts may be accessible to others within the company who use our Services. However, you can adjust your Service settings to control the visibility of this information to other users and businesses.

3. Your Contacts and Interactions

Information shared with users and businesses, including your phone number or messages, may be stored or re-shared by them within or outside our Services. You can manage these interactions and control the sharing of your information using Service settings and the block feature.

4. Communications About Our Services

We use your information to notify you about updates, policies, and changes to our terms. Additionally, we may send you marketing communications to inform you about our Services and features.

5. Safety and Security

We verify accounts and activities to maintain the safety and security of our Services. This includes investigating suspicious behavior, ensuring compliance with our Terms, and promoting the lawful use of our Services.

6. Commercial Messaging

We facilitate communication between users and businesses, enabling transactional updates such as orders, deliveries, appointments, and promotional offers. These messages may include marketing material, and you have the option to manage such communications in line with your preferences.

7. No Third-Party Banner Ads

We do not display third-party banner ads on our Services. Should this policy change in the future, we will update you accordingly.

8. Measurement and Analytics

Our Services assist businesses in analyzing the effectiveness of their messages and understanding user interactions. This helps improve service delivery and engagement strategies.

9. Information Sharing

We share your information in specific contexts to enable the operation and improvement of our Services. Examples include:

  • Sharing information with members of our company.
  • Collaborating with business partners, suppliers, and subcontractors to fulfill contracts.
  • Providing aggregated user data (not individually identifiable) to advertisers.
  • Disclosing information to agents, government, or enforcement agencies when required by law.

10. Businesses Using Our Services

We enable businesses to gauge the performance and reach of their communications and understand user engagement through our Services.

11. Third-Party Service Providers

We partner with third-party providers to operate, enhance, and market our Services. These providers are required to adhere to our terms and instructions while handling your information on our behalf.

12. Third-Party Services

If you use integrated third-party services (e.g., data backup services like iCloud or Google Drive), they may access information shared through our Services. Interacting with third-party services may involve sharing information directly with them, governed by their terms and privacy policies.

By understanding these practices, you can make informed choices about how your information is collected, shared, and used through our Services.

YOUR RIGHTS AS A DATA SUBJECT

As outlined in the Kenya Data Protection Act, you have specific rights concerning your personal data. These rights include:

a) Right of Access

You have the right to request confirmation from Top Quality Motors Limited (TQM) regarding:

  • Whether your personal data is being processed.
  • The purposes of such processing.
  • The categories of personal data involved.
  • The recipients or categories of recipients to whom your personal data has been or will be disclosed.
  • The anticipated period your personal data will be stored.
    Additionally, you may request TQM to rectify or erase your personal data, restrict its processing, or object to its processing altogether.

b) Right to Rectification

You have the right to request TQM to correct any inaccurate personal data concerning you without undue delay.

c) Right to Erasure (“Right to be Forgotten”)

You may request TQM to erase your personal data without undue delay, subject to applicable conditions.

d) Right to Restrict Processing

You may request TQM to restrict the processing of your personal data under the following circumstances:

  • If the accuracy of your personal data is disputed.
  • If the processing is unlawful, but you oppose erasure and prefer restricted use instead.
  • If TQM no longer requires your personal data for processing purposes but you need it to establish, exercise, or defend legal claims.

e) Right to Data Portability

You have the right to receive your personal data, which you provided to TQM, in a structured, commonly used, and machine-readable format. You can also request TQM to transfer this data to another data controller without hindrance.

f) Right to Object to Automated Decision-Making, Including Profiling

You have the right not to be subject to decisions based solely on automated processing, including profiling, that produce legal or similarly significant effects concerning you. Exceptions to this right include situations where such processing is:

  • Necessary for entering into or performing a contract with TQM.
  • Based on your explicit consent.

These rights ensure transparency and accountability in how your personal data is managed, providing you with greater control over your information.

HOW YOU CAN EXERCISE YOUR RIGHTS

As per the General Data Protection Regulation (GDPR) and the Kenya Data Protection Act, you have the right to access, edit, move, or completely erase your information, as well as the right to limit and refuse the processing of your information in certain ways. You can send an email with a request to  access your information. You can object to direct marketing messaging. There is a provision that allows you to correct, change or even delete your files via the request. You can visit our offices for more information.

DATA ARCHIVE AND RETENTION

TQM will retain your personal data only for as long as reasonably necessary to fulfill the purpose for which it was collected, unless retention is: Required or permitted by law,  Necessary for a lawful purpose, Authorized or consented to by the data subject or Needed for historical, statistical, or research purposes.

DELETION AND MANAGEMENT OF YOUR DATA

  • We retain information only for as long as necessary to provide our services or until your account is deleted, whichever occurs first. All information you provide is stored securely on our servers. We have implemented appropriate security measures to protect your personal data from accidental loss, unauthorized use or access, alteration, or disclosure. Access to your personal data is restricted to employees, agents, contractors, and third parties who have a legitimate business need to know. These individuals are required to process your data according to our instructions and are bound by confidentiality obligations.
  • We have established procedures to address any suspected data breaches and will notify you and any relevant regulatory authority if we are legally obligated to do so.
  • Upon receiving your information, we apply strict procedures and security features to prevent unauthorized access.
  • The duration of data retention is determined on a case-by-case basis, taking into account factors such as the nature of the information, the purpose for which it was collected and processed, and any legal or operational retention requirements.

LAW AND PROTECTION

We collect, use, retain, and share your information when we have a genuine belief that it is necessary to: (a) comply with applicable laws, regulations, legal processes, or government requests; (b) enforce our Terms and any relevant policies, including conducting investigations of potential violations; (c) detect, investigate, prevent, and address fraud, illegal activities, security breaches, or technical issues; or (d) protect the rights, property, and safety of our users, Top Quality Motors Limited, or others, including to prevent death or imminent harm.

HOW DO WE PROCESS YOUR INFORMATION

Regardless of the legal basis for processing, you always have the right to request access to, rectification of, and erasure of your data in accordance with the GDPR and the Kenya Data Protection Act.

The legal bases we rely on for processing your data in certain instances are as follows:

Consent:

When we collect and use information you provide through the form you fill out, we do so based on your consent. Under the GDPR, you have the right to withdraw your consent at any time and to request the portability of the data you have provided to us.

Our legitimate interests, or those of a third party, provided they are not overridden by your interests or fundamental rights and freedoms (“legitimate interests”):

For individuals under the age of majority (under 18), who have limited capacity to enter into an enforceable contract, we may be unable to process personal data on the basis of contractual necessity. However, we may process data to provide, improve, customize, and support our Services as described in Our Services.

To protect your vital interests or the vital interests of another individual:

The vital interests we rely on for this processing include safeguarding your life or physical integrity, or that of others. We use this basis to address harmful behavior and ensure safety and security, such as when investigating reports of harmful actions or providing assistance to individuals in need.

Tasks Carried out due to Public Interest:

For conducting research and promoting safety and security, as detailed in our Privacy Policy under “How We Use Information,” we may process data when necessary for a task carried out in the public interest, as permitted by GDPR or applicable government laws.

When we process your data for a public interest task, you have the right to object to and request a restriction of this processing. In evaluating your objection, we will consider factors such as reasonable user expectations, the benefits and risks to you and third parties, and whether there are alternative methods to achieve the same purpose with less intrusiveness and without disproportionate effort.

Adherence to a legal obligation:

For processing data when required by law, such as in response to a valid legal request for specific information.

For delivering marketing communications to you, the legitimate interests we rely on for this processing are:

To promote Top Quality Motors Limited and its Products and issue direct marketing.

COOKIES

About Cookies
A cookie is a small text file that a website requests your browser to store on your computer or mobile device when you visit the site.

How We Use Cookies
We use cookies to enhance, secure, operate, and provide our Services. For instance, we use cookies for the following purposes:

  • To offer TQM for web, desktop, and other web-based Services, improve your experience, understand how our Services are used, and customize them for you.
  • To identify which of our FAQs are most popular and display relevant content related to our Services.
  • To remember your preferences, such as language settings, and otherwise personalize your experience with our Services.
  • To rank FAQs on our website based on popularity, analyze mobile vs. desktop usage of our web-based Services, and evaluate the effectiveness of certain web pages.

How to Control Cookies
You can manage your cookie preferences through your browser or device settings (usually found under “Settings” or “Preferences”). Keep in mind that if you disable cookies, some of our Services may not function correctly.

UPDATES TO OUR POLICY

We will regularly make changes to this Privacy Policy. You should regularly visit our website and review the revised Privacy Policy before you choose to continue using our Services.

If you have questions about our Privacy Policy, please contact us on dpo@TopQualitymotorsltd.com or write us here:

CONTACT INFORMATION

Top Quality Main Offices

Ruiru, Thika Road,

P.O. Box 1728-00232

Nairobi, Kenya.

DISCLAIMER

Our site may occasionally include links to the websites of our partner networks, advertisers, and affiliates. If you follow a link to any of these external sites, please be aware that they have their own privacy policies. We do not accept responsibility or liability for these policies. We recommend that you review their privacy policies before submitting any personal data to these websites.