Privacy Policy

Last modified: Febuary 15, 2024

SkyTOP mCarFix Limited recognizes the importance of social responsibility and is committed to ensuring that your privacy is protected.

The Personal Information obtained from our customers through the use of mCarFix and other applications, is an important asset to the customers and of SkyTOP mCarFix Limited. This is because it leads to creation of new value for both parties.

SkyTOP mCarFix Limited (herein after referred to as SkyTOP mCarFix), protects Personal Information from information security threats with the following Basic Policy and meets its customer's expectations on its reliability. As a company, SkyTOP mCarFix is committed to the responsible handling of Personal Information.

(Personal Information Protection Policy)
  1. SkyTOP mCarFix has established a management framework to protect Personal Information.
  2. SkyTOP mCarFix utilizes Personal Information within the scope of the intended use that is clearly communicated to customers, and takes measures not to be used beyond this scope.
  3. SkyTOP mCarFix does not disclose or provide Personal Information provided by customers to third parties except with the consent of the customer from whom the Personal Information was obtained or when there is a legitimate reason.
  4. We respond to inquiries concerning Personal Information or requests from customers for disclosure of their Personal Information sincerely and without delay.

  1. Personal Information

    Personal Information means information concerning a User as an individual, which can identify the User based on the name, address, telephone number, e-mail address, educational institution, or other descriptions, etc. constituting such information. In addition, any information which cannot identify the User solely by itself but can easily be collated with other information and, as a result thereof, can identify the User, is also included in the scope of Personal Information.

  2. Purpose of Use of Personal Information

    SkyTOP mCarFix will use Personal Information within the scope of the purposes provided in the Purpose of Use.

    The Purpose of Use is specifically defined and made clear to our customers, and is announced on our website as shown below. SkyTOP mCarFix will make an effort to limit the Purpose of Use according to the situation in which the information is obtained.
    1. Achieving the Purpose of Use of our service and application(s).

    2. Notices of service, etc. to its customers.

    3. Giving notice to shareholders, provision of various types of information and shareholder management.

    4. Exercise of rights or performance of obligations in line with relevant laws and ordinances.

    5. Respond to inquiries, requests, etc. from its customers.

    6. Carrying out operations incidental to (1) through (5) above and operations to properly and smoothly manage the business of SkyTOP mCarFix Limited.

    When handling Personal Information beyond the scope necessary for achieving the Purpose of Use, SkyTOP mCarFix will seek customer’s consent except for cases prescribed under items in line with privacy acts and laws.

  3. Provision of Personal Data to Third Parties

    SkyTOP mCarFix will not provide Personal Information to a third party without the customer’s consent, unless where any of the following applies:
    1. Required under laws or ordinances; in line with the computer and cyber crime act

    2. Required to protect human life, body or asset (including that of legal entities) and difficult to obtain the approval by the customer him/herself;

    3. Made to a consignee within the scope necessary for carrying out our business

    4. To use Personal Information jointly with a group company or a business partner of SkyTOP Technologies within the scope of the intended use;

    5. To provide, in an unrecoverable format, Personal Information in a format that does not allow easy identification or recognition of the corresponding individual.

  4. Disclaimer concerning the provision of Personal Information to third parties
    SkyTOP mCarFix will not be responsible for the acquisition of Personal Information by a third party where any of the following applies:
    1. A User indicates his / her own Personal Information to a specific company, using any function under the Services or by other means.

    2. A User is unexpectedly identified by information entered by the User under the Services;

    3. A User provides Personal Information to, and the User's Personal Information is used at, an external site linked by the Services; or

    4. Anyone other than a User obtains the User's information (ID, password, etc.) which can identify the User as an individual.

    5. Additionally to above, Personal Information is leaked by computer viruses or similar causes.

  5. Handling of Sensitive Information

    SkyTOP mCarFix will not collect, use, or provide to a third party Sensitive Information, including but not limited to information regarding your healthcare or case history, except for cases provided by the Computer and Cybercrime Act, other relevant laws, ordinances and guidelines.

  6. Handling of Specific Personal Information, etc.

    The Purpose of Use of Specific Personal Information, etc. is limited under the “Computer and Cybercrime” Act, and SkyTOP mCarFix will not collect or use Specific Personal Information, etc. beyond the prescribed Purpose of Use.

    We will not provide Specific Personal Information, etc. to a third party except in cases permitted under the “Computer and Cybercrimes” Act.

  7. Notice of Matters, Disclosure, Amendment, or Suspension of Use of Personal Information and Specific Personal Information, etc.

    Customer requests for any notice of matters, disclosure, amendment, or suspension of use of Personal Information and Specific Personal Information, etc. held by SkyTOP mCarFix under the Privacy Act shall be directed to the "Contact Office" indicated below. After confirming the customer as the requesting party, the customer is requested to complete a form designated by us.

    SkyTOP mCarFix will then follow the procedures and, in principle, provide a written response in a proper, timely manner.

  8. Management of Personal Data and Specific Personal Information, etc.

    SkyTOP mCarFix will take rational security measures to manage Personal Information and Specific Personal Information, etc. securely and to prevent divulgence, loss or damage to Personal Information and Specific Personal Information, etc. handled by SkyTOP mCarFix Limited, and will ensure the accuracy and prompt updating of Personal Information and Specific Personal Information, etc. which are necessary to achieve the Purpose of Use.

  9. Categories of Data

    Depending on the specific products and services you have subscribed to, different categories of personal data as defined in the Data Protection Act 2019 of Kenya may be processed

    Lawful Basis for Processing your Information
    SkyTOP Mcarfix Limited will process your personal information based on any of the lawful basis provided for under the Data Protection Act:
    • Compliance with a mandatory legal obligation.
    • SkyTOP Mcarfix’s legitimate business interests.
    • The performance of a product/service agreement with you.
    • Public interest.
    • Consent you provide.

    Retention of Information
    Your personal data will only be kept by us for as long as is reasonably required to accomplish the purposes for which it was collected, including meeting any obligations arising from statutory laws, regulations, taxes, accounting, or reporting. In the event of a complaint or if we have a good reason to believe that there may be a possibility of litigation regarding our relationship with you, we may keep your personal data for an extended amount of time. The quantity, nature, and sensitivity of the personal data, the potential of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, the requirement to adhere to our internal policy and the applicable legal, accounting, tax regulatory, or other requirements are all taken into consideration when determining the appropriate retention period for personal data. Information that has been anonymized and is no longer connected to you might be kept indefinitely.

    Disclosure of Information
    • Your information will only be disclosed in compliance with the statutory laws and regulations that are applicable. Each request for information will be evaluated and reviewed by SkyTOP Mcarfix, which has the right to refuse to provide the requested information to the requester.
    • We may disclose your information to:
      • law enforcement authorities, regulatory agencies, courts, or other statutory authorities in response to a demand made with the proper legal authority and in a way that complies with the law in terms of both form and scope.
      • debt-collection agencies.
      • our agents, software developers, partners, or associates who are involved in delivering SkyTOP Mcarfix products and services you subscribe to or use.
      • Fraud prevention and anti-money laundering agencies, credit-reference agencies.
      • Any other entity that we deem legitimately necessary to share the data with.

    We won't divulge any information to anyone or any organization that is acting outside of the law.

  10. Contact Information

    SkyTOP mCarFix will appropriately and immediately respond to any complaint or consultation regarding the handling of Personal Information and Specific Personal Information, etc.

    If you have any inquiry or matter for consultation regarding the handling of Personal Information and Specific Personal Information, etc. by us, please contact the office indicated below.

    Contact Office

    SkyTOP mCarFix limited,
    3rd Floor Westlands Business Park,
    Chiromo Lane, Westlands,
    P.O. Box 13587-00100 Nairobi, Kenya.
    TEL: +254 704 476333

  11. Review of Privacy Policy

    SkyTOP mCarFix Limited practices the handling of Personal Information according to the laws of the Republic Of Kenya and other standard practices, and constantly strives to make improvements to the above activities without any prior notice.

    This Privacy Policy may be revised according to the change of rules such as law. We will post changes to this Privacy Policy and update the effective date when this Privacy Policy is updated.