Terms of Service

Fair Use Policy!

IMPORTANT -- PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE YOU USE THE WEBSITE OR ATTEMPT TO ACCESS ANY SERVICES. BY ACCESSING THE WEBSITE OR BY UTILISING ANY SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

These terms (the "Terms of Service") apply to your use of www.aplin.africa (the "Website") and any purchase or use by you of any software, products or services that may be made available to you through it (collectively, the "Services"). 

The Website is a site operated by APLIN Media Limited ("Aplin"). Aplin is registered in Kenya under the companies act (CAP. 486) number CPR/2015/190569 and have Aplin' registered office at 1st Floor, Moad Capital Hub, South Tower,Two Rivers Complex, off Limuru Road. Aplin's PIN number is P051543412R. 

Aplin reserves the right to amend or update these Terms of Service at any time, with or without notice. Such changes shall take effect immediately and shall apply to all subsequent use by you of the Website or Services. Every time you wish to use the Website, please check these terms to ensure you understand the terms that apply at that time. 

How does Aplin collect information from you?

Aplin collects information from you when you send it to Aplin directly by filling out forms on Aplin Website (including any application you may make for Services or the Software), corresponding with Aplin by e-mail, writing to Aplin by post, or speaking to Aplin by telephone. Aplin also collect information from you when you browse the Website and use the Software, as set out in detail below. Some of the methods Aplin use to collect data are automated and will take effect automatically as you navigate the Website and/or use the Software.

What information does Aplin collect?

Personal Information. 

Personal information means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person ("Personal Information"). Aplin may collect the following Personal Information from you: name, address, telephone number, postal address, e-mail address, IP address, information about the type of browser you use, your operating system, the screen resolution of your browser, your ISP, which pages you view on the Website and the time and duration of your visits to the Website (in the case of direct customers) and, if applicable, company name, postal address, telephone number, e-mail address or tax ID number as well as similar information concerning technical contacts, marketing contacts, and executive contacts within your company or organisation. 

Note: We do not store credit card details nor do we share customer details with any 3rd parties! 

 

User Communications.

 If you communicate with Aplin, Aplin may collect information relating to that communication whether it takes the form of e-mail, letter, forum posting, testimonials or any other form of communication between you and Aplin or submitted by you to the Website (collectively, "User Communications"). 

Server Information. 

If you use one of Aplin software products such as Aplin modules, Aplin may collect certain information concerning such software and concerning the server upon which the software operates. 

This information includes without limitation: 

(a) the licensed or unlicensed status of the software; 

(b) the source from which the license for the software was obtained (i.e., Aplin or a Aplin affiliate); or

(c) information about the server upon which the software is installed including (i) the public IP address, (ii) the operating system and (iii) the use of any virtualization technologies on such server ((a) through (c) collectively, "Server Information")). Additionally, "Server Information" may also include information collected by Aplin from time to time concerning which features of the software are most often used in order to improve and make adjustments to the software; and information collected from you by Aplin in the event that you request technical support services including without limitation, IP addresses, usernames and passwords necessary to login to SSH, the root directory of the server upon which you installed the Aplin software and any affected accounts including email accounts, MySQL accounts and other accounts. 

 Non-Personal Information.

Aplin also collect data in a form that does not, on its own, permit direct association with any specific individual. Aplin may collect, use, transfer, and disclose non-personal information for any purpose.

What information does Aplin collect if you're under the age of 13?

Aplin does not knowingly collect Personal Information about children under the age of 13. If Aplin becomes aware that it has inadvertently collected Personal Information about children under the age of 13, it will take steps to delete the information as soon as possible, except where Aplin is required by applicable law to keep it.

Where Aplin knows a child is above the age of 13, but considered a minor under applicable law, Aplin will obtain parental/guardian consent prior to using that child's Personal Information.

Where is your Personal Information stored?

WE ARE AN KENYAN COMPANY AND YOUR DATA WILL NOT NECESSARILY BE HELD IN THE COUNTRY. YOUR DATA MAY BE TRANSFERRED TO THE DATACENTER(S) (WHERE APLIN IS HOSTED), THIS CAN BE MOVED IN ANY OF COUNTRY AND BY ACCEPTING OUR TERMS OF SERVICE AND/OR A EULA, YOU ARE EXPLICITLY CONSENTING TO THIS TRANSFER AND STORAGE TAKING PLACE. WE WILL TAKE ALL STEPS REASONABLY NECESSARY TO ENSURE THAT YOUR PERSONAL INFORMATION IS TREATED SECURELY AND IN ACCORDANCE WITH THIS PRIVACY POLICY.

How does Aplin disclose the Personal Information it collects?

Except as disclosed in this Privacy Policy, Aplin does not share your Personal Information with unaffiliated third parties other than as set out in this Privacy Policy. Aplin will never disclose your Personal Information to an unaffiliated third party for the purposes of e-mail or other marketing unless Aplin first obtain your consent to do so.

Aplin cannot be responsible for protecting your Personal Information if you share such information in publicly available sections of the Website such as the user forums or testimonials section. You should use your own judgment in disclosing this information on the Website.

In the event that Aplin is purchased by another company, merges with another company or has a substantial portion of its assets purchased by another company, Aplin may share your Personal Information with that company. In such an event, Aplin will notify you in accordance with the notice provisions of the Terms of Use.

Aplin may share your Personal Information with third parties as permitted or required by applicable law, by a court order or by another judicial or governmental request. Aplin may also disclose your Personal Information if Aplin determine that such disclosure is necessary to protect Aplin rights and remedies or is necessary for national security, law enforcement, or other issues of public importance. Such disclosures could take place in the context of an investigation or to prevent or take action against illegal activity, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Aplin 's Terms of Service, applicable EULAs or other Aplin agreements, or as otherwise required by applicable law. Where this is the case Aplin will endeavor to give you notice of such disclosures, to the extent that Aplin are lawfully permitted to do so.

Aplin may disclose your Personal Information to affiliated third parties that assist Aplin in providing maintaining, evaluating, improving and providing the Website, the Services and any other Aplin products and services. Aplin may disclose your Personal Information to affiliated third parties for the purposes of offering, marketing or advertising Aplin products and services to you (such Aplin products and services may reference, incorporate or include third-party products and services). In such an event, Aplin will take reasonable measures to prevent such affiliated third parties from using your Personal Information for other purposes.

Does Aplin use cookies and web beacons?

Cookies 

Yes, Aplin uses cookies to distinguish you from other users of the Website and to improve your overall experience. When you use the Website, certain information may be stored locally on your device using 'cookies' or similar technologies such as objects stored in the device's local storage. A cookie is a small text file used to store limited information about the user of the device. They help Aplin to identify how Aplin' users use the Website, and so that Aplin can continue to develop and improve it.

Cookies do this by storing information about your preferences on your device, including the device model, manufacturer, screen resolution, device capabilities, service provider, country and city location data. Aplin uses the following types of cookies:

1.Strictly necessary: These cookies enable Aplin' Website to function correctly and deliver the services and products you have requested. 

2.Performance & Functionality: These cookies are used to enhance the performance and functionality of Aplin' Website but are non-essential to their use (for example, Aplin uses cookies to remember your preferences on the Website). However, without these cookies, certain functionality may become unavailable. 

3.Analytical: These cookies collect information that is used either in aggregate form to help Aplin understand how the Website is being used or to help Aplin customise the Website for you. In particular Aplin use the Google analytics cookies. For more information about Google's privacy policy, please visit http://www.google.com/intl/en/policies/. If you do not wish to allow the use of Google Analytics cookies at all, Google provides an opt-out plug-in for most common website browsers http://tools.google.com/dlpage/gaoptout.

By using the Service, you accept the use of cookies in accordance with this Privacy Policy.

Your Cookie Choices 

You have the right to choose whether to accept or refuse cookies and similar technologies. You can exercise this choice by not accepting the Terms of Service and this Privacy Policy, however, please note that if you choose to do so, you will not be able to use the Service.

 For more information about what cookies are and your rights to control cookies, please visit the third party educational resource www.allaboutcookies.org.

Web beacons 

Aplin does not use web beacons.

How does Aplin protect Personal Information and other information about you?

Aplin takes reasonable steps to protect any Personal Information Aplin collects about you. Additionally, Aplin may supply you with tools to evaluate the strength of the password you select for the Website. No security measures are foolproof, and Aplin cannot guarantee the security of your information other than to take reasonable steps to protect it. In the event that Aplin becomes aware of a security breach, unauthorised disclosure or inadvertent disclosure concerning your information, you agree that Aplin may notify you of such an event using the notice provisions of the Terms of Use. 

You are responsible for maintaining your account's security (as more specifically explained in the Terms of Service).

Information and access to your Personal Information

Based on what you have told Aplin, Aplin try to ensure that your contact information and preferences are accurate, complete, and up to date. You have the right to request access to and rectification or erasure of Personal Information or restriction of processing concerning your Personal Information or to object to processing as well as the right to data portability. Aplin will comply with erasure requests as long as Aplin is not required to retain the Personal Information by law and does not need to retain it for its legitimate business purposes. Aplin may decline to process requests that are frivolous/vexatious, jeopardise the privacy of others, are extremely impractical, or for which access is not otherwise required by local law. Access, correction, or deletion requests can be made by raising a ticket.  

 

Your rights 

As a Data Subject you have a number of rights in relation to your Personal Information. 

These include your rights: 

1.To ask Aplin to confirm what (if any) Personal Information Aplin hold relating to you and how that data is processed and used by Aplin (often referred to as a 'Subject Access Request');

2. To have Aplin rectify Personal Information which Aplin hold about you that is inaccurate; 

3.To have Aplin erase Personal Information which relates to you if it is no longer necessary for Aplin to continue to process it, or if Aplin have no lawful basis to store, process or retain it (though Aplin do have rights to refuse these requests in certain situations); 

4.To object to Aplin processing your Personal Information; To be informed about the existence of any automated decision making and profiling of your Personal Information, and where appropriate, be provided with meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing that affects you; 

5.To have Aplin provide you with a copy of your Personal Information for transfer to an alternative provider of similar services. 

Should you ever wish to exercise one or more of these rights you should  Contact Us

 

Third party websites 

Aplin's Website may, from time to time, contain links to and from the websites of Aplin's partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that Aplin do not accept any responsibility or liability for these policies. Please check these policies before you submit any Personal Information to these websites.

What if you have questions, comments or complaints about this Privacy Policy?

Please feel free to direct any questions, comments or complaints regarding this Privacy Policy using the contact information listed in the Notices section of the Aplin Terms of Use. It is Aplin' policy to investigate and attempt to resolve all formal written complaints Aplin receive concerning this Privacy Policy. Aplin will cooperate with appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that cannot be resolved between Aplin and an individual.

With effect from 25 May 2018, the General Data Protection Regulation (GDPR) enters force. Your rights under that new regulation are explained here. Details of how you can exercise those rights are set out in 'Your Rights'. Aplin have largely factored GDPR into this Privacy Policy but if you think Aplin has failed to do so in any way, please notify Aplin

 

Last Updated 25th April 2018