User Privacy Statement
This privacy statement should be read together with the ‘Terms and
Conditions’ as well as the ‘Terms of Service’ on our website and
the three instruments should be construed as one whole.
We collect, store and process information and data which relates to the users of our website and of our services.
“Admin” means
representative of Questgis authorised to act as an administrator of our
website.
“Agent” means a
representative authorised to act in place of another person as provided under
The Law of Agency.
“Claim” means any
dispute, suit, legal action, or legal proceeding.
“Client” means a
person who intends to or who already has procured our services.
“Data” includes
personally identifiable information which you give us to process.
“Disclaimer”
means a repudiation of another’s legal right or claim.
“GIS (G.I.S)” means Geographic Information
System.
“O.S” means
Operating System.
“Party” means
either a Client, a Pro, a person who visits our website, or a member of staff
of Questgis.
“Pro” means
either a licensed/accredited land surveyor who is qualified as such under the
relevant laws (or their agent) or a G.I.S Service-Provider.
“Project” means
work to be undertaken by a G.I.S Service-Provider or by a licensed land
surveyor (or their authorised agent) at the request of a Client.
“Proxy” means a
person who is authorized to act as a substitute for another.
“Questgis” (and “we”, “us” or “our”) means this
URL (https://www.questgis.com), and where the context so permits, it
may also refer to Equest Mapping (EA) [a Kenyan firm] and/or Equest Mapping
Limited [a Rwandese Company]. It may also refer to the party capable of suing
on behalf of the operators of https://www.questgis.com, whenever a cause of action arises in
favour of the said URL.
“Services” means
any services that we offer, including to persons who visit our website.
“User” means a
person who has successfully created a user account on Questgis.
“User Privacy
Statement” is the legal document by the same name on this URL https://www.questgis.com , which states how we collect, handle and
process data from our Clients, Pros and other persons who visit our website.
“You” or “Your” means Clients and/or Pros and/or any other persons who visit Questgis.
1. We
are Equest Mapping (EA) [a Kenyan firm] and Equest Mapping Limited [a Rwandese
Company] (“we”, “us” or “Questgis”).
2. This
Privacy Statement contains details of the way we collect, store, use, and
process data concerning you. As a User of our website (whether you use our
services via your employer, via another company or otherwise) you are
legallybound by this Privacy Statement.
3. The
device you choose to use while accessing our services and the nature of
services you receive is immaterial; you remain legally-bound by this Privacy Statement in any case.
2. DATA COLLECTION
1. We
may ask you to provide data and/or information about yourself depending on the
services you intend to use.
2. If
you create a User account with us, we may require you to give us your password,
the entity you work for, your telephone number contacts (mobile and/or
landline), your email address, a username, your address, your name, and any
other data which in our view is relevant to the Services you require.
Colleagues, agents, proxies or other third parties may provide such data on
your behalf. We may require you to provide additional information or data
occasionally.
3. We
will ask you to provide payment data so as to enable us to process your
payments.
4. In
your interactions with our support staff, we will
ask you to provide any information or data that will help us classify your
question so as to give an appropriate response.
Such data is helpful to us since it enables us to identify possible
issues with the services we provide and then tailor our responses to ensure
that we serve you better.
5. You
hereby authorise us to collect data concerning you whenever you use any of the
services we provide. For example, whenever you log into your User account, we
will collect information and data concerning: what content you viewed, how many
times you have used our services, and other relevant data regarding how you
interacted with the services we offer. You also authorise us to collect data
regarding the way you interact with messages sent from us to you; for instance,
whether you viewed the contents of an email or opened an in-app message.
6. We collect data relating to the device used to access our Services. This includes: the name of your mobile carrier or ISP, your mobile O.S, your O.S details, your mobile device identifier and web browser. In addition, we can choose to collect data relating to your location (in case your device allows this).
3. HOW WE USE YOUR DATA
1. The
act of processing data relating to you is founded upon: the fact that you have
given us the consent to do so; the need to process your data in order to comply
with a relevant law (for instance, where a regulatory body may require us to do
so); or the need to perform a contract (for instance, to process your login
credentials thus giving you access to our Services).
2. We
use the information, content and data which you give us to offer highquality
Services to you. We also use such information to carry out research aimed at
developing and improving our Services so that you can enjoy a better experience
while using our website.
3. You hereby authorise us to use your data to communicate with you via email, in writing, or any other channel (such as instant messaging apps or softwares). You also authorise us to send you transactional messages; for example, a welcome message or a notification of planned downtime. In addition, we may also communicate messages advertising certain products or services to you. You may receive such advertisements (even if you have not created a user account with us) if you imply or suggest that you wish to get such advertisements. Regarding advertisements and marketing content, you can choose not to receive future advertisements in the emails we send to you (at the footer). However, concerning transactional messages, you do not have a choice to bar us from sending such messages.
4. HOW WE SHARE YOUR DATA
1. We
will disclose data about you to other legal entities affiliated to us whenever
it is necessary and reasonable to do so. This may help us to provide better
services to you.
2. We
will also disclose certain data concerning you to chosen third parties. Such
parties may include: suppliers, sub-contractors or our business partners. You
also authorise us to disclose your data to search engine providers or data
analysts who may help us to optimise our website.
3. You also authorise us to share your data with certain third parties. For instance, in case we merge with another business we will share your data with the business which we merge with. Also, if our business is acquired by another company or other undertaking, we may transfer your data to such an undertaking along with our assets.
5. RETAINING, TRANSFERRING AND SECURING YOUR DATA
1. If
there is a reasonable need for us to retain your data (with a view to providing
better services to you) we will do so. After you stop using our services, we
will endeavour to keep your data anonymous within a reasonable timeframe.
2. You
authorise us to convey your data to, or store it in a State which is not your
own. We do not guarantee that such a State will have a data protection regime
which is as strong or effective as that in your Country. If we convey your data
outside of your country, we will endeavour (as much as is reasonable) to ensure
that your private information is handled in a way that safeguards data
security.
3. We strive to ensure that your data is kept safe through various control measures such as encryption technology that is of adequate quality.
6. YOUR RIGHTS UNDER DATA PROTECTION LAWS
1. The
law empowers you to: -
a) Ask
for access to your data.
b) Request
that your data be brought up to date, deleted or amended.
c) Reasonably
restrain us from continued use of your data.
d) Withdraw
the consent given to us to process your data.
e) Ask
us to share with you some of the data you have given us previously.
2. To effect any of the rights mentioned above, contact us at info@questgis.com
7. RETENTION OF CERTAIN DATA
1. We may be required by the relevant authorities to retain certain data so as to be compliant with the law or to be able to provide financial reports. In such cases, we will not delete data which is relevant in that respect.
8. GOVERNING LAW AND JURISDICTION
1. The Law of Kenya (including the general rules of international law forming part of the law of Kenya as well as the treaties and conventions ratified by Kenya) shall govern this agreement. Any claims or non-contractual disputes related to this agreement shall be governed by the Law of Kenya. Kenyan Courts retain exclusive jurisdiction over our relations as parties to this agreement.
9. AMENDMENT
1. Any
Clause in this Terms of Service may be unilaterally amended by us at any
moment, without notice. Ensure you read our User Privacy Statement regularly to
keep yourself familiar with the most recent version.
2. If
you continue using Questgis.com after an amendment to the User Privacy
Statement, it will be presumed that you have agreed to any such amendments.