Privacy Policy

1. Introduction

The Standard Arena (“we,” “us,” or “our”) operates the website and platform located at [your website URL] (the “Platform”). We are committed to protecting your privacy and complying with the Kenya Data Protection Act, 2019 (DPA), as well as other applicable privacy laws.

This Privacy Policy explains how we collect, use, disclose, and safeguard your personal information when you use our Platform as a Brand, a Creator, or a visitor. It also explains your rights regarding your personal data and how you can exercise those rights.

We respect your privacy and are committed to protecting it through our compliance with this policy. Please read this policy carefully to understand our practices regarding your personal data.

2. Definitions

For the purposes of this Privacy Policy:

“Brand” means a business or organization that uses our Platform to find and collaborate with Creators.

“Creator” means an individual influencer, content creator, or social media user who connects their social media accounts to our Platform for the purpose of partnering with Brands.

“Personal Data” means any information relating to an identifiable person, including names, contact details, images, videos, social media analytics, and any other data that can identify you directly or indirectly.

“Processing” means any operation performed on personal data, including collection, storage, use, disclosure, and deletion.

“Data Controller” means the person or entity that determines the purposes and means of processing personal data. For the purposes of this Privacy Policy, The Standard Arena is the Data Controller.

“Data Protection Commissioner” (ODPC) refers to the Office of the Data Protection Commissioner of Kenya.

3. Information We Collect

We collect several types of information from and about users of our Platform, including:

3.1 Information You Provide to Us Directly

When you register as a Brand or Creator, fill out forms, book a demo, sign up for newsletters, or communicate with us, we may collect:

Identity Information: Your full name, business name (if applicable), title, and other identification details.
Contact Information: Your email address, telephone number, and physical address.
Professional Information: Your job title, company name, previous experience, portfolio links, and content niche.
Account Credentials: Your username and password for accessing our Platform.
Payment Information: Bank account details, M-PESA number, or other payment information necessary to process payments to Creators or from Brands. Payment information is processed securely and may be stored by our third-party payment processors.
Enquiry Information: Any information contained in messages, support requests, or demos you submit to us.

3.2 Information We Collect Automatically

When you access and use our Platform, we automatically collect certain technical information, including:

Usage Information: The pages you visit, time spent on pages, features you use, referring URLs, and how you arrived at our Platform.
Technical Information: Your IP address, browser type and version, time zone setting, operating system, device type, and location data (general).
Cookies and Tracking Technologies: We use cookies, web beacons, tags, and pixels to collect information about your browsing activities and to improve your experience. You can control cookies through your browser settings.

3.3 Information Collected from Creators’ Connected Social Media Accounts

When a Creator connects their social media accounts (including Instagram, TikTok, YouTube, Facebook, or other platforms) to The Standard Arena, we collect certain information from those accounts, subject to the permissions granted by the Creator. This information includes:

Public Profile Information: Username, profile picture, bio, follower count, and public posts.
Engagement Metrics: Likes, comments, shares, saves, and other engagement data on the Creator’s content.
Audience Demographics: Age range, gender breakdown, geographic location of followers (aggregated and anonymized).
Content Performance Data: Reach, impressions, click-through rates, and other analytics related to content created for Brand campaigns.
Post Frequency and Consistency: Data on how often and when the Creator typically posts.

We access this information solely through the official APIs of the respective social media platforms, using OAuth authentication. We never receive or store your social media account password. You can disconnect your accounts at any time through your account settings.

3.4 Information We Collect from Third Parties

We may obtain information about you from other sources, including:

Marketing and event partners: If you attend a conference or webinar we sponsor, we may receive your contact information from the organizer.
Referral partners: If another user refers you to our Platform.
Publicly available sources: Where permitted by law, we may supplement your information with publicly available data.

If we receive personal data from third parties, we will treat it in accordance with this Privacy Policy.

4. How We Use Your Information

We use the personal information we collect for the following purposes:

4.1 To Maintain Our Platform

To create and manage your account as a Brand or Creator.
To enable the matching of Brands with suitable Creators using our AI-powered matching system.
To facilitate communication between Brands and Creators.
To process payments to Creators and invoices to Brands.
To provide customer support and respond to your inquiries.
To maintain the security and integrity of our Platform.

4.2 For Improvement and Analytics

To monitor and analyze trends, usage, and activities on our Platform.
To improve our AI matching algorithms.
To develop new features, products, and services.
To measure the performance and ROI of campaigns.

4.3 For Communication and Marketing

To send you administrative messages, technical notices, and security alerts.
To respond to your comments, questions, and support requests.
To send you newsletters, marketing communications, and promotional content (you may opt out at any time).
To invite you to events, webinars, or surveys.
To show you targeted advertisements based on your preferences and usage.

4.4 For Legal and Security

To investigate and prevent unauthorized access, fraud, or other illegal activities.
To enforce our Terms of Use and other policies.
To comply with applicable laws, regulations, and legal processes.
To protect the rights, property, and safety of The Standard Arena, our users, or others.

4.5 For Other Purposes

We may use your personal information for other purposes if we obtain your explicit consent to do so.

5. Legal Basis

Under the Kenya Data Protection Act, 2019, we must have a legal basis to process your personal data. We rely on the following legal bases:

5.1 Consent

We process your personal data based on your consent when you register for an account, subscribe to our newsletters, or connect your social media accounts. You may withdraw your consent at any time, but this will not affect the lawfulness of processing before withdrawal.

5.2 Contract

We process your personal data as necessary to perform our obligations under our Terms of Use or any contract we have with you, such as facilitating campaigns between Brands and Creators.

5.3 Legitimate Interests

We process your personal data to further our legitimate business interests, including improving our Platform, preventing fraud, and marketing our services. We always balance these interests against your privacy rights.

5.4 Legal Obligations

We may process your personal data to comply with applicable laws, regulations, or legal processes, such as responding to a court order or regulatory request from the Office of the Data Protection Commissioner.

6. Personal Information

We do not sell your personal information. However, we may share your personal data in the following circumstances:

6.1 Between Brands and Creators

When a Brand and Creator are matched through our Platform, we share certain information to facilitate the collaboration:

To Brands: We share Creator’s public profile, social media analytics, engagement metrics, audience demographics, and campaign performance data.
To Creators: We share Brand’s company name, campaign briefs, contact information, and payment details.

Both parties are expected to use this information solely for the purpose of the collaboration and in compliance with this Privacy Policy and applicable laws.

6.2 Service Providers

We share your personal data with third-party service providers who perform services on our behalf, including:

Payment processors (e.g., for processing Brand payments and Creator payouts).
Cloud hosting providers (e.g., Amazon Web Services).
Analytics providers (e.g., for tracking Platform usage).
Email and communication services.
Customer support platforms.

These service providers are contractually prohibited from using your personal data for any purpose other than providing services to us.

6.3 Legal Requirements

We may disclose your personal data if required to do so by law, including:

In response to a subpoena, court order, or other legal process.
To comply with a request from the Office of the Data Protection Commissioner or other regulatory authority.
To cooperate with law enforcement investigations.
To protect our rights, property, or safety, or that of our users or the public.

6.4 Business Transfers

If we are involved in a merger, acquisition, financing, reorganization, bankruptcy, or sale of all or a portion of our assets, your personal data may be transferred as part of that transaction. We will notify you via prominent notice on our Platform of any change in ownership or use of your personal data.

6.5 Aggregated Data

We may share aggregated or de-identified information that cannot reasonably be used to identify you. This includes statistical reports about Platform usage, campaign performance benchmarks, or market trends.

7. Data Transfers

Your personal information may be transferred to and stored in countries other than Kenya, including countries that may have different data protection laws than Kenya.

When we transfer your personal data outside Kenya, we ensure appropriate safeguards are in place, such as:

Using standard contractual clauses approved by relevant data protection authorities.
Ensuring the receiving country has adequate data protection laws as determined by the Office of the Data Protection Commissioner.
Obtaining your explicit consent to the transfer where required.

If you are a Creator, please note that when you connect your social media accounts, your data may be transferred to servers operated by those social media platforms, which may be located outside Kenya.

8. Data Security

We take the security of your personal data seriously. We implement reasonable technical and organizational measures to protect your information from loss, theft, misuse, unauthorized access, disclosure, alteration, and destruction.

These measures include:

Encryption of personal data during transmission using Secure Socket Layer (SSL) technology.
Encryption of personal data at rest when stored in our databases.
Access controls and authentication measures to restrict access to personal data to authorized personnel only.
Regular security assessments and vulnerability testing.
Employee training on data protection and privacy.

However, no method of transmission over the internet or electronic storage is completely secure. While we strive to protect your personal data, we cannot guarantee its absolute security.

If a data breach occurs that is likely to result in a risk to your rights and freedoms, we will notify you and the Office of the Data Protection Commissioner within 72 hours of becoming aware of the breach, as required by the Data Protection Act, 2019.

9. Data Retention

We retain your personal data only for as long as necessary to fulfill the purposes for which it was collected, including satisfying any legal, accounting, or reporting requirements.

The retention period depends on the type of data and the purpose for which it is processed:

Account Information: We retain your account information for as long as your account is active. If you close your account, we will delete or anonymize your personal data within 90 days, unless we are required to retain it for legal reasons.
Campaign Data: Information about specific campaigns (including performance metrics) may be retained for up to 10 years for analytical and historical purposes.
Transaction Records: Payment and financial records are retained for at least 10 years to comply with tax and accounting laws.
Marketing Data: If you have consented to receive marketing communications, we retain your contact information until you unsubscribe or withdraw your consent.
Connected Social Media Data: Data collected from Creators’ connected social media accounts is retained only while the account remains connected and for a reasonable period afterward for analytical purposes.

After the retention period expires, we will delete or anonymize your personal data so that it can no longer identify you.

10. Your Rights

Under the Kenya Data Protection Act, 2019, you have the following rights regarding your personal data:

10.1 Right to Access

You have the right to request a copy of the personal data we hold about you, including information about how we collect, use, and share your data.

10.2 Right to Rectification

You have the right to request that we correct any inaccurate or incomplete personal data we hold about you.

10.3 Right to Erasure

You have the right to request that we delete your personal data when:

The data is no longer necessary for the purposes for which it was collected.
You withdraw your consent and there is no other legal basis for processing.
You object to processing based on legitimate interests and we have no overriding grounds.
The processing is unlawful.
The data must be erased to comply with a legal obligation.

10.4 Right to Restriction of Processing

You have the right to request that we restrict processing of your personal data in certain circumstances, such as when you contest the accuracy of the data or object to processing.

10.5 Right to Data Portability

You have the right to receive your personal data in a structured, commonly used, and machine-readable format and to transmit that data to another controller, where technically feasible.

10.6 Right to Object

You have the right to object to processing of your personal data based on our legitimate interests, including direct marketing purposes.

10.7 Right to Withdraw Consent

If we are processing your personal data based on your consent, you have the right to withdraw that consent at any time. Withdrawing consent will not affect the lawfulness of processing before withdrawal.

10.8 Right to Lodge a Complaint

You have the right to lodge a complaint with the Office of the Data Protection Commissioner (ODPC) if you believe we have violated your data protection rights.

How to Exercise Your Rights

To exercise any of these rights, please contact us at:

Email: [Your Privacy Email Address]
Postal Address: [Your Physical Address]

We will respond to your request within 30 days as required by the Data Protection Act, 2019. There is usually no fee for exercising your rights, but we may charge a reasonable fee if your request is manifestly unfounded or excessive.

11. Children’s Privacy

Our Platform is not intended for children under the age of 18. We do not knowingly collect personal data from children under 18. If we become aware that we have collected personal data from a child under 18 without parental consent, we will take steps to delete that information.

If you are a parent or guardian and believe your child has provided us with personal data, please contact us immediately.

12. Links and Services

Our Platform may contain links to third-party websites, social media platforms, or services that are not owned or controlled by us. This includes links to social media accounts that Creators have connected to our Platform.

We are not responsible for the privacy practices of these third parties. We encourage you to read the privacy policies of any third-party websites or services you visit.

13. Cookies

We use cookies and similar tracking technologies to collect information about your browsing activities. Cookies are small text files stored on your device that help us remember your preferences, analyze usage, and improve your experience.

Types of cookies we use:

Essential Cookies: Necessary for the Platform to function properly.
Functional Cookies: Remember your preferences and settings.
Analytics Cookies: Help us understand how users interact with our Platform.
Advertising Cookies: Used to deliver relevant advertisements to you.

You can control cookies through your browser settings. Please note that disabling certain cookies may affect the functionality of our Platform.

14. Changes

We may update this Privacy Policy from time to time to reflect changes in our practices, legal requirements, or operational needs. We will notify you of any material changes by:

Posting the updated policy on this page with a new effective date.
Sending an email notification to registered users.
Displaying a prominent notice on our Platform.

We encourage you to review this Privacy Policy periodically to stay informed about how we protect your personal data. Your continued use of the Platform after any changes constitutes your acceptance of the updated policy.

15. Contact Us

If you have any questions, concerns, or requests regarding this Privacy Policy or our data practices, please contact us at:

The Standard Arena
Email: careers@thestandardarena.co.ke
Phone: +254 731 422 949
Postal Address: 536, Nakuru, Kenya

16. Obligations

16.1 For Brands

When you use our Platform to collaborate with Creators, you are responsible for ensuring that your use of Creator data complies with this Privacy Policy and applicable laws. You may only use Creator data for the specific campaign purposes agreed upon. You must not share Creator data with third parties without the Creator’s express consent.

16.2 For Creators

When you connect your social media accounts to our Platform, you represent and warrant that you have the authority to grant us access to your account data and that you comply with the terms of service of each social media platform.

Additionally, if you capture images, videos, or personal data of third parties (including non-participating individuals such as bystanders) in your content, you are responsible for obtaining their consent as required under the Data Protection Act, 2019. We recommend that you:

Obtain written consent from any identifiable individuals featured in your content.
Blur faces or remove identifying features of non-participants where consent cannot be obtained.
Display clear notices when filming in public spaces.
Respond promptly if any individual requests removal of their image from your content.

Failure to comply with data protection laws may result in legal liability for you as a data controller, separate from your relationship with The Standard Arena.

17. Governing Law

This Privacy Policy and our data practices are governed by the laws of Kenya, including the Kenya Data Protection Act, 2019, and any regulations promulgated thereunder. Any disputes arising under this Privacy Policy shall be subject to the exclusive jurisdiction of Kenyan courts.

Acknowledgment

By using The Standard Arena Platform, you acknowledge that you have read, understood, and agree to be bound by this Privacy Policy. If you do not agree to this policy, please do not use our Platform.