DATA PROTECTION & PRIVACY POLICY
1.Introduction
ACT Nexus Limited, trading as ACT Nexus (“ACT Nexus”, “we”, “us”, or “our”), respects the privacy of individuals whose personal data we collect, use, store, or otherwise process.
ACT Nexus operates a Pan-African cross-border technology ecosystem connecting founders, operators, investors, service providers, and ecosystem stakeholders across African markets.
This Data Protection & Privacy Policy (“Privacy Policy”) explains how ACT Nexus collects, uses, stores, protects, shares, and otherwise processes personal data in connection with the ACT Nexus website, platform, Membership, events, applications, communications, and other services.
This Privacy Policy applies to visitors to the ACT Nexus Website, Members, Membership Applicants, event participants, partners, contributors, subscribers, and other individuals who interact with ACT Nexus.
This Privacy Policy should be read together with the ACT Nexus Terms of Use, Membership Terms & Conditions, and other applicable policies or terms published by ACT Nexus.
By using the ACT Nexus Website or providing personal data to ACT Nexus, you acknowledge that you have read and understood this Privacy Policy.
2.Scope of This Policy
This Privacy Policy applies to personal data collected through:
The ACT Nexus Website.
Membership applications.
Membership accounts and profiles.
Events and convenings.
Registration forms.
Email communications.
Surveys and feedback forms.
Professional networking activities.
Communications with ACT Nexus.
Other ACT Nexus Services through which personal data is collected.
This Privacy Policy does not apply to third-party websites, platforms, or services that may be accessible through links provided by ACT Nexus.
Those third parties are responsible for their own privacy practices, policies, and handling of personal data.
3.Information We Collect
ACT Nexus may collect different categories of personal data depending on how you interact with us.
This may include:
Identification information.
Contact information.
Professional information.
Company or organisation information.
Membership information.
Event participation information.
Communication preferences.
Website usage information.
Device and technical information.
Information contained in communications with ACT Nexus.
Information you voluntarily provide to us.
Other information reasonably necessary to provide ACT Nexus Services.
4.Information You Provide To Us
You may provide personal data to ACT Nexus when you:
Apply for Membership.
Create or update a profile.
Register for an event.
Subscribe to communications.
Submit an enquiry.
Participate in an ACT Nexus initiative.
Submit Content.
Complete a survey.
Contact ACT Nexus.
Participate in a strategic introduction.
Provide feedback.
Otherwise interact with ACT Nexus.
Depending on the Service, information provided may include:
Full name.
Email address.
Telephone number.
Company or organisation.
Title or position.
LinkedIn profile or website.
Markets in which you operate or have an interest.
Professional background.
Areas of interest.
Information about your involvement in the technology ecosystem.
Information provided in Membership applications.
Information provided in correspondence.
5.Information Collected Automatically
When you access the Website, certain technical information may be collected automatically.
This may include:
IP address.
Browser type.
Device type.
Operating system.
Website pages visited.
Date and time of access.
Referring website.
General usage information.
Information collected through cookies and similar technologies.
We use this information primarily to maintain, secure, analyse, and improve the Website and Services.
6.Cookies And Similar Technologies
ACT Nexus may use cookies and similar technologies to operate and improve the Website.
Cookies may be used for purposes including:
Website functionality.
Security.
Remembering preferences.
Understanding Website usage.
Improving Website performance.
Analysing engagement.
Supporting communications and marketing where permitted.
You may be able to control or disable cookies through your browser settings.
Disabling certain cookies may affect the functionality of the Website.
7.Information Received From Third Parties
ACT Nexus may receive personal data from third parties where permitted and appropriate.
Such information may come from:
Event partners.
Strategic partners.
Members.
Professional networking platforms.
Service providers.
Organisations you are associated with.
Publicly available professional sources.
Other persons or organisations where appropriate.
ACT Nexus will use information received from third parties for legitimate purposes connected with the ACT Nexus ecosystem and in accordance with the requirements governing the relevant processing activity.
8.How We Use Personal Data
ACT Nexus may use personal data for purposes including:
Processing Membership applications.
Managing Membership.
Providing ACT Nexus Services.
Creating and managing professional profiles.
Facilitating connections and introductions.
Organising events and convenings.
Providing knowledge and intelligence.
Communicating opportunities.
Managing partnerships.
Responding to enquiries.
Sending service communications.
Sending marketing communications where permitted.
Improving the Website and Services.
Understanding ecosystem participation and engagement.
Conducting reasonable verification and due diligence.
Preventing fraud and misuse.
Protecting the security and integrity of ACT Nexus.
Complying with legal and regulatory obligations.
Enforcing our agreements and policies.
Establishing, exercising, or defending legal rights.
Other purposes communicated to you at the time of collection.
9.Membership Applications And Due Diligence
ACT Nexus operates a curated Membership model.
Information provided during a Membership application may be used to assess whether an Applicant is suitable for participation in the ACT Nexus community.
This may involve:
Reviewing professional information.
Reviewing company or organisation information.
Verifying information provided.
Reviewing publicly available professional information.
Conducting reasonable due diligence.
Assessing alignment with the purpose and standards of the ACT Nexus community.
Submission of an application does not guarantee acceptance.
Information collected during an application may be retained for reasonable periods for administrative, legal, security, and record-keeping purposes.
10.Member Profiles And Directory
ACT Nexus may create Member profiles containing professional information provided by Members.
Depending on the Membership structure and Member preferences, profiles may include:
Name.
Professional title.
Company or organisation.
Professional profile.
Areas of expertise.
Markets of activity.
Areas of interest.
Other professional information relevant to ecosystem participation.
A private Member Directory may be made available to Members for legitimate networking and ecosystem purposes.
Member information must not be copied, scraped, sold, harvested, or otherwise misused.
ACT Nexus may limit, modify, or remove information from a Member profile where reasonably necessary.
11.Strategic Introductions And Connections
ACT Nexus may use personal and professional information to facilitate introductions between Members and other ecosystem stakeholders.
Before making an introduction, ACT Nexus may consider factors including:
Professional background.
Areas of interest.
Business activities.
Geographic or market interests.
Areas of expertise.
Stated objectives.
Other information relevant to the proposed connection.
ACT Nexus will seek to facilitate relevant and appropriate connections but does not guarantee that any particular introduction will be made.
12.Events And Convenings
ACT Nexus may collect and use personal data in connection with events and convenings.
This may include information required for:
Registration.
Attendance management.
Venue management.
Event communications.
Security.
Networking.
Event administration.
Post-event communications.
Event analysis and improvement.
13.Photography, Video And Event Recordings
ACT Nexus may photograph, film, record, or otherwise document ACT Nexus events and activities.
Event materials may be used for purposes including:
Event documentation.
Website Content.
Social media.
Publications.
Marketing and communications.
Reports.
Archival purposes.
Promotion of future ACT Nexus activities.
Where consent or another form of lawful basis is required for a particular use, ACT Nexus will obtain or rely on the appropriate basis for that processing.
If you have concerns about the use of your image or recording, you may contact ACT Nexus at info@actnexus.africa.
14.Marketing And Communications
ACT Nexus may send Users communications relating to:
Membership.
Events.
Opportunities.
Insights.
Research.
Ecosystem developments.
Partnerships.
ACT Nexus Services.
Other relevant ecosystem activities.
Where required, ACT Nexus will obtain appropriate consent before sending direct marketing communications.
You may unsubscribe from marketing communications using the unsubscribe mechanism provided in the relevant communication or by contacting ACT Nexus.
You may continue to receive essential administrative or transactional communications where necessary to provide a Service.
15.Legal Bases For Processing
ACT Nexus will process personal data on a lawful basis appropriate to the relevant processing activity.
Depending on the circumstances, this may include:
Your consent.
The performance of a contract or steps taken at your request before entering into a contract.
Compliance with a legal obligation.
Protection of legitimate interests.
Protection of another person’s vital interests where legally recognised.
Other lawful grounds recognised by the laws governing the relevant processing activity.
Where ACT Nexus relies on consent, you may withdraw that consent subject to any legal or contractual consequences that may arise from doing so.
16.Sharing Personal Data
ACT Nexus may share personal data where reasonably necessary for the purposes described in this Privacy Policy.
Personal data may be shared with:
ACT Nexus service providers.
Technology providers.
Event partners.
Strategic partners.
Professional advisers.
Payment providers.
Hosting and infrastructure providers.
Communications providers.
Analytics providers.
Other Members or ecosystem stakeholders where necessary to facilitate a requested or appropriate connection.
Government, regulatory, law enforcement, or judicial authorities where legally required or permitted.
Other persons where you have authorised the disclosure.
17.Member-To-Member Information Sharing
ACT Nexus may facilitate the exchange of professional information between Members where this forms part of the ACT Nexus Service.
Information shared through such interactions should be treated responsibly and used only for legitimate professional or ecosystem purposes.
ACT Nexus does not control how another Member may use information after it has been voluntarily shared directly between Members.
Members should exercise appropriate discretion when deciding what information to share with another person.
18.Service Providers
ACT Nexus may use third-party service providers to support its operations.
These providers may provide services including:
Website hosting.
Cloud storage.
Email services.
Payment processing.
Event management.
Customer relationship management.
Analytics.
Communications.
Security.
Technology development.
Administrative services.
Other operational support.
ACT Nexus will take reasonable steps to ensure that service providers process personal data only for appropriate purposes and provide appropriate safeguards.
19.International And Cross-Border Data Transfers
ACT Nexus is a Pan-African ecosystem and may operate across multiple African markets and use service providers located in different countries.
As a result, personal data may be accessed, stored, processed, or transferred across national borders.
Where personal data is transferred across borders, ACT Nexus will take reasonable steps to ensure that the transfer and subsequent processing are carried out in accordance with the legal requirements governing the relevant transfer.
Appropriate safeguards may include:
Contractual protections.
Appropriate security measures.
Data transfer mechanisms.
Other safeguards recognised under the laws governing the relevant transfer.
20.Data Retention
ACT Nexus will retain personal data only for as long as reasonably necessary for the purposes for which it was collected or for other legitimate purposes.
Retention periods may depend on:
The nature of the information.
The purpose for which it was collected.
The relationship between ACT Nexus and the individual.
Membership status.
Event participation.
Legal or regulatory requirements.
Dispute resolution.
Record-keeping requirements.
Security considerations.
When personal data is no longer reasonably required, ACT Nexus will take reasonable steps to delete, anonymise, or securely dispose of it.
21.Data Security
ACT Nexus takes reasonable measures to protect personal data against unauthorised access, disclosure, alteration, loss, destruction, or misuse.
Security measures may include:
Access controls.
Authentication controls.
Secure storage.
Encryption where appropriate.
Organisational controls.
Staff and contractor confidentiality obligations.
Security monitoring.
Incident response procedures.
No method of electronic storage or transmission is completely secure.
ACT Nexus cannot guarantee absolute security of personal data.
22.Data Breaches And Security Incidents
ACT Nexus will take reasonable steps to detect, assess, investigate, contain, and respond to suspected personal data breaches or security incidents.
Where notification is required, ACT Nexus will make the appropriate notification to affected individuals, regulators, or other relevant persons in accordance with the legal requirements governing the relevant incident.
ACT Nexus may take additional steps to reduce potential harm arising from a security incident.
23.Your Privacy Rights
Depending on the circumstances and the laws governing the relevant processing activity, you may have rights concerning your personal data.
These may include the right to:
Know whether your personal data is being processed.
Request access to personal data held about you.
Request correction of inaccurate or incomplete personal data.
Request deletion of personal data in appropriate circumstances.
Object to certain processing.
Request restriction of certain processing.
Withdraw consent where processing is based on consent.
Request portability of personal data where such a right applies.
Lodge a complaint with a relevant data protection or regulatory authority where available.
Exercise other rights provided by the laws governing the relevant processing activity.
These rights are not absolute and may be subject to lawful limitations or exemptions.
24.How To Exercise Your Privacy Rights
Requests concerning your personal data may be submitted to info@actnexus.africa.
To help us process your request, you may be asked to provide sufficient information to verify your identity and locate the relevant personal data.
ACT Nexus will endeavour to respond to valid requests within the period required by the laws governing the relevant request.
Where ACT Nexus cannot comply with a request, we may explain the reason where permitted or required.
ACT Nexus may charge a reasonable fee or refuse a request where permitted by law, particularly where requests are manifestly unfounded, excessive, repetitive, or abusive.
25.Children’s Personal Data
ACT Nexus Services are primarily intended for adults and professional participants in the technology ecosystem.
ACT Nexus does not knowingly collect personal data from children except where such collection is permitted and appropriate for the particular ACT Nexus activity.
Where ACT Nexus has reason to believe that personal data relates to a child, ACT Nexus may take reasonable steps to determine the child’s age and, where required, obtain appropriate consent or authorisation from a parent, guardian, or other person legally authorised to provide such consent.
In determining whether and how personal data relating to a child may be collected or processed, ACT Nexus may consider:
The age of the child.
The nature and purpose of the ACT Nexus activity.
The type and sensitivity of personal data involved.
The potential risks to the child.
Whether parental or guardian consent is required.
Any additional safeguards required for the particular processing activity.
Where ACT Nexus becomes aware that personal data relating to a child has been collected or processed in circumstances where such processing is not permitted, ACT Nexus will take reasonable steps to address the situation, including deleting the information where appropriate.
Questions or concerns regarding the processing of a child’s personal data may be submitted to info@actnexus.africa.
26.Third-Party Websites And Services
The ACT Nexus Website may contain links to third-party websites, platforms, social media pages, applications, or services.
ACT Nexus does not control the privacy practices of those third parties.
You should review the relevant third party’s privacy policy before providing personal data to that third party.
ACT Nexus is not responsible for the privacy practices, security, or content of third-party services.
27.Social Media
ACT Nexus may maintain social media accounts and may provide links to social media platforms through the Website.
Your interactions with ACT Nexus through social media platforms are also subject to the privacy policies and terms of those platforms.
ACT Nexus may receive information from social media platforms depending on your interactions and the privacy settings available on those platforms.
28.Business Transfers
If ACT Nexus is involved in a merger, acquisition, restructuring, financing, sale of assets, transfer of business, or similar transaction, personal data may be transferred as part of that transaction where permitted.
Where appropriate, ACT Nexus will take reasonable steps to ensure that personal data continues to receive appropriate protection.
29.Changes To This Privacy Policy
ACT Nexus may update this Privacy Policy from time to time to reflect changes in:
ACT Nexus Services.
Technology.
Data processing practices.
Legal requirements.
Security practices.
Business operations.
Where appropriate, ACT Nexus may notify Users of material changes through the Website, email, or another reasonable method.
The updated version will indicate the revised effective date and last updated date.
You should review this Privacy Policy periodically to remain informed about how ACT Nexus processes personal data.
30.Governing Law
This Privacy Policy shall be governed by and interpreted in accordance with the laws of the Republic of Kenya.
Nothing in this Privacy Policy is intended to deprive an individual of any mandatory right or protection that cannot legally be excluded or limited.
31.Complaints And Dispute Resolution
ACT Nexus encourages individuals to raise privacy concerns directly with ACT Nexus before commencing formal proceedings.
Privacy-related concerns or complaints should first be submitted to info@actnexus.africa.
ACT Nexus will endeavour to review and respond to complaints within a reasonable period.
Where a complaint cannot be resolved directly with ACT Nexus, the matter may be referred to the relevant competent authority or the courts of the Republic of Kenya, as appropriate.
Nothing in this section prevents an individual from exercising any mandatory right to complain to a competent data protection authority or seek relief from a competent court.
32.Contact Us
If you have any questions, requests, concerns, or complaints regarding this Privacy Policy or the way ACT Nexus handles personal data, you may contact us at:
33.Acknowledgement
By using the ACT Nexus Website or Services, you acknowledge that you have read and understood this Data Protection & Privacy Policy.