Privacy Policy
Your privacy is of utmost importance to us. Opengates collects, uses, and protects your personal information in accordance with our Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you consent to the collection and use of your data as described in the Privacy Policy. This includes how we handle information you provide during account creation, interactions on the Platform, and other usage activities.
Opengates is committed to maintaining transparency in how your data is collected, stored, and shared. We do not sell your personal information to third parties and implement robust measures to protect it from unauthorized access or breaches.
Data Collection
When you use the Platform, we may collect various types of information, including but not limited to:
- Personal details such as your name, email address, phone number, and payment information.
- Information about your activities on the Platform, including messages, posts, and interactions.
- Technical data, such as IP addresses, browser types, and device information, to improve Platform functionality and security.
We collect this information to provide, enhance, and secure the services offered by Opengates.
Data Usage
The information collected from users is used to:
- Operate and improve the Platform's features, functionality, and user experience.
- Process payments and fulfill service requests between clients and freelancers.
- Communicate with you regarding updates, promotional offers, or policy changes.
- Detect, prevent, and address fraudulent activities, violations of these Terms, or other illegal activities.
In some cases, aggregated and anonymized data may be used for analytical purposes or shared with third-party partners to improve our services.
Data Sharing and Transfers
Opengates may share your information with trusted third parties to provide services on our behalf. These include:
- Paystack (paystack.com) — Payment processing, escrow, and payouts. See Paystack's Privacy Policy.
- Tawk.to (tawk.to) — Live chat support. Chat messages may be stored on Tawk.to's servers. See Tawk.to's Privacy Policy. You may use in-app support or email if you prefer not to use third-party chat.
- Cloud hosting and analytics providers — For infrastructure, storage, and usage analytics.
All third-party processors are contractually bound by Data Processing Agreements (DPAs) that require them to handle your data in accordance with applicable data protection standards.
Your data may be transferred to and processed in countries outside Kenya, including the United States (cloud hosting) and Canada (analytics). Opengates has executed Standard Contractual Clauses (SCCs) with all international processors to ensure compliance with the Kenya Data Protection Act, 2019. You may request a copy of our DPAs by contacting our Data Protection Officer at dpo@opengates.app.
You may object to specific international data transfers by contacting our DPO. We will work with you to find alternative processing arrangements where feasible.
Your Rights
As a user, you have the following rights regarding your data:
- Access and Correction: You can request access to your personal data and make corrections if necessary.
- Data Portability: You may request a copy of your personal information in a machine-readable format.
- Deletion: You can request the deletion of your personal data, subject to any legal or contractual obligations.
- Withdrawal of Consent: If you previously consented to data collection, you can withdraw that consent at any time.
To exercise these rights, please contact us at support@opengates.app.
Security Measures
Opengates employs industry-standard security measures to protect your data from unauthorized access, breaches, or misuse. These measures include encryption, secure servers, and periodic security audits. However, no system is entirely secure, and we encourage users to take precautions such as safeguarding their account credentials.
In the event of a personal data breach, Opengates will notify affected individuals without undue delay and no later than 30 calendar days after discovery of the breach, in compliance with the Kenya Data Protection Act, 2019. We will also notify the Office of the Data Protection Commissioner (ODPC) where required by law.
Automated Decision-Making
Opengates uses automated systems to detect fraud, anomalous transactions, and suspicious account activity. These systems may flag or restrict accounts based on automated analysis. You have the right to request human review of any automated decision that significantly affects your account. To request a review, contact our Data Protection Officer at dpo@opengates.app.
Data Protection Officer
In compliance with the Kenya Data Protection Act, 2019, Opengates has designated a Data Protection Officer (DPO) responsible for overseeing data protection practices and handling inquiries related to your personal data. You may contact our DPO at: dpo@opengates.app.
If you are unsatisfied with our response, you may lodge a complaint with the Office of the Data Protection Commissioner (ODPC), Kenya.
Retention of Data
We retain user data only for as long as necessary to provide services, comply with legal obligations, or resolve disputes. Specific retention periods:
- Account data: Retained while your account is active and for 90 days after termination to allow for reactivation or dispute resolution.
- Transaction and payment data: Retained for 7 years to comply with tax, accounting, and financial reporting requirements.
- Support transcripts: Retained for 2 years after the last interaction.
- Behavioural and usage data: Anonymized and aggregated within 12 months.
After the applicable retention period, your data will be securely deleted or anonymized.