Privacy Policy

1. Preliminary
   1. THIS PRIVACY POLICY (this “Policy”) became operational with effect from the 11^th day of June 2018 and may be referenced as NA/POLICY/PP/VOL. IV(00).
   2. Neviive Africa regards all those involved in accessing, browsing or viewing (collectively referred to us ‘using’) of the Neviive Africa social media platforms such as our website at www.neviive.com as well as those making offline requests for products and services as users.
   3. Neviive Africa online / social media platforms shall include but not be limited to our website, Facebook^TM  account, Instagram^TM account, Pinterest^TM account, Twitter^TM account, WhatApp^TM accounts or groups among others (collectively referred to as “Neviive Africa social media sites” or “our social media sites”).
   4. By agreeing to use our services and products, you consent to this Policy, which applies to all transactions, information, activities and data gathered and stored through our social media sites and offline platforms. 
   5. This Policy shall be read together with the Computer Misuse and Cyber Crimes Act of 2018, Laws of Kenya and the Neviive Africa Terms of Use Agreement. 

2. Purpose of the Privacy Policy
   1. At Neviive Africa, we highly value our users and would like to maintain a healthy relationship with them while maintaining the reputation of our organization and the privacy of their confidential information. 
   2. In view of this commitment, the purpose of this Policy is to protect the privacy of our users’ confidential information, improve their user experience and provide basic guidelines on using our products and services with dignity and a reasonable degree of privacy. This Policy further serves to limit the extent of liability of the proprietors and/or authors of Neviive Africa content in cases of breach of confidentiality due to various circumstances, whether unforeseeable or as stated herein.

3. Application of this Policy
   1. This Policy shall apply without limitation to every user of Neviive Africa services and products and that the protection of user privacy and any matters related thereto shall be subject to the terms, conditions and warranties of this Policy.
   2. Since not every issue has been comprehensively provided for in this Policy, any mater that has not been adequately addressed in this Policy shall be handled in good faith by the proprietors of Neviive Africa whose decision shall be final.
   3. The provisions of this Policy shall continue to apply even after the user stops using Neviive Africa products and services.

4. Information gathering
   1. Whenever someone uses our social media sites or offline platforms, Neviive Africa may collect his or her personal and/or business information. This occasions include but are not limited to:
      1. Registering an account or subscribing to our newsletters and other information sources,
      2. Placing an order or directly purchasing a product,
      3. Entering a contest, promotion pr a survey,
   2. Commonly gathered information may include but shall not be limited to:
      1. Personal information such as name, age, gender, body size or body features
      2. Residential, physical, ZIP or postal address
      3. Contact information such as mobile phone numbers, telephone, e-mail address
      4. Social media activity such as accounts and hashtags
      5. Business information such as place of business, industry, job title, credit card and billing information, bank account name and number
      6. Browsing information such as your account, date and time of accessing various pages and links on our social media sites.
   3. Your information is then safeguarded in a reasonably secure system and only accessible by a limited number of people with special rights of access. 

5. Use of gathered information
   1. The gathered information is only used to facilitate your user experience to include but not limited to customizing your preferences, knowing where to deliver the purchased services, determining the correct measurement of products to deliver or being able to act on your request among others.
   2. This information may also be used for product design, development and our own process optimization.
   3. Information for offers, promotions and contests may also be used for statistical purposes and determining the winners.

6. General guidelines on user privacy
   1. By disclosing your demographic or business information to us, creating an account, and/or clicking “purchase” or other similar button, you acknowledge that you have read the terms, conditions and warranties of this Policy; understand the provisions of this Policy; and accept and agree to be bound by them.
   2. If you disagree with these terms, conditions and warranties, please do not use the services and products from Neviive Africa, its social media sites or printed materials.
   3.  We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice or whenever required by law or as described herein. 
   4. Any user-generated content and material be it any and all photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content that users post on Neviive Africa social media sites directly shall be considered by Neviive Africa to be non-confidential and non-proprietary.
   5. Both the user and Neviive Africa shall maintain the confidentiality of any correspondence or information marked as “private” and/or “confidential” which shall be obtained or offered in the course of using Neviive Africa products and services.
   6. For purposes of clarity, “confidential information” means information exchanged by the parties (the user and Neviive Africa) that is not generally known to the public and at the time of disclosure is identified as, or would reasonably be understood by the receiving party to be, proprietary or confidential. The party receiving any such confidential information will use the same care and discretion to avoid disclosure, publication or dissemination of any such information whether in oral, written, visual, electronic or other form. Except as otherwise expressly permitted under this Policy, the receiving party shall not: 
      1. Disclose, duplicate, copy, transmit or otherwise disseminate in any manner whatsoever any confidential information of the disclosing party; 
      2. Use the confidential information of the disclosing party for his or her own benefit or the benefit of a third party to the detriment of the disclosing party or any other purpose other than to discharge an obligation under this Policy; 
      3. Commercially exploit any confidential information of the disclosing party; or 
      4. Acquire any right in, or assert any lien against, the confidential information of the disclosing party. This paragraph shall survive the termination of this Agreement. 

7. Data collected from reviews, comments and feedback

The Neviive Africa social media sites are open to the general public. Therefore, consider your reviews, comments and feedback carefully and do not include anything in a comment that you would like to keep private, unless you specifically request for privacy. By uploading or otherwise making available any information to Neviive Africa in the form of user generated public comments, reviews, feedback or otherwise, you grant Neviive Africa and its affiliates the unlimited, irrevocable, worldwide, transferable perpetual right to distribute, display, publish, translate, reproduce, reuse and copy the information contained therein without any compensation whatsoever.

8. Contacting users
   1. Neviive Africa may contact for various reasons to include but not limited to:
      1. Follow up on your orders or resolving an issue with your order, delivery or use of services,
      2. Give you more information about a product or service. This is only applicable when you have expressly requested to be subscribed to our services such as through a mailing list.
      3. Any other reason to facilitate your user experience and enhance our service delivery.

9. Cookies, beacons, local storage and other similar technologies
   1. Neviive Africa uses “cookies,” Web beacons, HTML5 local storage and other similar technologies. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the site’s or service provider’s systems to recognize your browser and capture and remember certain information. For example, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.
   2. You may choose to have your computer warn you each time a cookie is being sent, or you may even choose to turn off all cookies through your browser (like Netscape Navigator or Internet Explorer) settings. Each browser is a little different, so look to your browser Help Menu to learn the correct way to modify your cookies. Do note, however, that if you turn cookies off, you may lose access to many features that make your experience on our website more efficient, and some of our services will not function properly. If you turn cookies off and are unable to place an order online through our website, you may still place orders over the telephone by contacting customer service.
   3. We do not respond to browser-based “do not track” signals and we may transmit non-personally identifiable website usage information to third parties in order to show you advertising for Neviive Africa when you visit other sites.

10. Analytics, log files and reading history
    1. We gather certain information automatically and store it in log files. This information may include IP addresses, browser type, operating system and other usage information about the use of our services, including a history of the pages you view.
    2.  We may combine this automatically collected log information with other information we collect about you. We do this to improve services we offer you, including customized recommendations, advertising, to improve marketing, and to track access and use of our services across the devices that you may use to access our services.
    3.  We have hired third parties to provide us information, reports and analysis about the usage, browsing patterns of our users. They may independently record the type of device and operating system you are using, general location information, as well as events that occur on our website, such as how often you use our website.

11. Disclosure of information
    1. We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice or whenever required by law. Provided that the term “outside parties” does not include www.neviive.com our website hosting partners or other parties who assist us in operating our social media sites, conducting our business, or servicing you, so long as those parties agree to keep your information confidential.
    2. Sometimes disclosure of personal or business information will occur when,
       1. Required by law, for example, to comply with a court order, comply with the law or comply with a legal process;
       2. Required to protect and defend our rights and property;
       3. Required to protect against misuse or unauthorized use of our services; or
       4. Required to protect the personal safety or property of our users or the public (among other things, this means that if you provide false information or attempt to pose as someone else, information about you may be disclosed as part of any investigation into your actions).
    3.  Whenever our business merges with another entity, personal information may be among the transferred assets.
    4.  When your account becomes inactive, your information may remain in our computers, electronic databases, and archives, and may not be reasonably capable of expungement.
    5.  Disclosure may occur when you expressly tell us or allow us to disclose your information.
    6. Disclosure may occur about your information that is already in public domain and therefore not confidential.
    7. Collected information will only be shared with third parties who facilitate your user experience such as completion of the purchase transaction by fulfilling orders and processing credit card payments. Otherwise, Neviive Africa will not disclose your billing and/or credit card information with any other third parties unless required by law or a court order, or with your permission.

12. Force majeure
    1. Force majeure are the circumstances beyond the control of Neviive Africa that will it impossible or impractical to safeguard user privacy. Neviive Africa shall not be liable for breach of user privacy resulting in whole or in part, directly or indirectly, from an Act of God, cyber-terrorism, court order, actions by national or county governments, or any other circumstances or causes beyond the reasonable control of Neviive Africa or their personnel. 

13. Indemnity and extent of liability

The client hereto agrees to defend and indemnify Neviive Africa from; without limitation, any obligation, loss or penalty arising from their fault, willful misconduct or negligence arising from returns of already purchased or distributed items that do not comply with this Privacy Policy.

14. Severability clause

This Privacy Policy is severable where any provision is determined to be invalid, inoperable, illegal or unenforceable and such provision shall be deemed to be deleted without affecting the remaining parts of this Policy. 

15. Entirety and amendment clause
    1. This Policy, including its incorporated documents and authorized notices, shall embody the entire and complete understanding and agreement between the Neviive Africa and the users of its products and services. It contains all the matters determining and governing the mutual rights, duties and liabilities of the parties during information sharing arrangement. 
    2. Provided that, this Policy is operable as between the customer and Neviive Africa and neither party may assign or transfer a portion or the entire portion of any matter related hereto, and/or ancillary, incidental or connected with the privacy of information to a third party without prior and mutual consent of the parties hereto.
    3. This Privacy Policy may be amended by us at any time and without incurring liability and without notice save for publishing it on our website. As such, the latest edition on our website shall supersede any other previous versions.

16. Jurisdiction and dispute resolution
    1. This Policy was issued in Nairobi, Kenya and as such, all matters related hereto, ancillary, incidental or connected therewith shall be governed and interpreted in accordance with the Laws of Kenya which shall be in force from time to time without any regard to conflict of laws principles, and you agree to submit to the jurisdiction of courts in Kenya in case of litigation. 
    2. The parties shall work together in good faith to boost customer and service provider satisfaction. However, where any dispute, difficulties or doubts arise between the parties regarding the obligations, validity, implementation, interpretation as well as the propriety of anything done or omitted to be done under this Policy, the parties shall try to resolve the matter amicably by mutual agreement through alternative dispute resolution mechanisms (for example negotiation, mediation and arbitration).
    3. In case a consensus is not reached, within thirty (30) consecutive calendar days, then every such dispute or question shall be referred to arbitration by a single arbitrator appointed by the parties and in default of such agreement; three arbitrators in accordance with the rules of United Nations Commission of International Trade Law (UNCITRAL) Model Arbitration Law or any statutory modification or re-enactment thereof for the time being in force together with its practice and procedure. The seat of such arbitration shall be in Nairobi, Kenya unless Online Dispute Resolution is preferred. If the parties so agree, they can adopt The Arbitration Act, Chapter 49 of the Laws of Kenya (Act no. 4 of 1995) or any statutory modification or re-enactment thereof for the time being in force together with its practice and procedure.
    4. The award or decision of the Arbitrator shall be final and binding on both all parties when any matter is referred for arbitration. Unless the Arbitrator(s) rules otherwise, the costs of the arbitration shall be shared equally by the parties. 
    5. In the case of matters that cannot be submitted to arbitration under the principle of in-arbitrability, such matters shall be submitted to litigation under the Laws of Kenya in Kenyan Courts 

17. Certificate of compliance

     By using products or services from Neviive Africa, you acknowledge and agree that you have read and understood the terms, conditions, obligations and warranties of this Privacy Policy; that the provisions, disclosures and disclaimers set forth herein are fair and reasonable, and that your agreement to follow and be bound by this Policy is voluntary and is not the result of fraud, duress or undue influence exercised upon you by any person or entity. You further acknowledge your understanding that this Policy shall be legally binding between you and Neviive Africa.