Last Modified: September 21, 2020
Creative Digital Lab Limited (hereinafter “we”, “us” or “our”) operates the websites https://www.JTube.co.ke./ (hereinafter “JTube”) (collectively, hereinafter the “Website”) and is the controller of the information collected or provided via the Websites.
If you have any questions about our privacy practices, please see “Contact Information” below for information on how to contact us.
On the Websites and your email communications with the Websites,
through our mobile applications that provide dedicated non-browser-based interaction between you and the Websites, or
The Data We Collect About You
We may collect different kinds of personal data about you, depending on whether you chose to create an account with us.
Persons who visit the Websites without logging in or registering (“unregistered users”):
Contact Information: We collect email address or any other information which you voluntarily provide to us at your direction for a specific function, for example a contest or survey.
Website activity data: We collect information about how you use our Websites, products and services and interact with our content and advertisements, including the pages you visit in our Websites, search history, and the referring web page from which you arrived at our Websites. We collect browser and operating system information, devices you use to access the Websites and your time zone setting. We also collect online identifiers. Specifically, we collect internet protocol (IP) address information and we set cookies as explained below in the section on Cookies and Automatic Data Collection Technologies
Persons who choose to create an account on JTube (“registered users”) and persons who choose to upgrade their account on JTube Pro to a premium account such that they have access to the content found on JTube Pro (“Premium users”):
We collect from registered users the same categories of information described above for unregistered users.
Contact Information: We collect username or similar identifier, and email address.
Payment and Commercial Information: If you make a purchase, we collect payment card details and related information necessary to process your payment. We also collect details about payments to and from you and details of products and services you have purchased or received from us.
User Submitted Personal Information: We collect information you submit in order to personalize your account or for a specific function, for example date of birth, age, gender, your interests, preferences, feedback, survey responses, your preferences in receiving marketing from us and our third parties, and your communication preferences, as well as any other information which you voluntarily provide to us at your direction for a specific function.
User Contributions including Audio/Video Information: We provide areas on our Websites where you can post information about yourself and others, communicate with others, upload content (e.g., pictures, video files, etc.), and post comments or reviews of content found on the Websites.
We may use your data to produce and share aggregated insights that do not directly or indirectly identify you and are not associated with you. Such aggregate information is not personal information.
Our Websites are not directed to persons under the age of 10 or the applicable age of majority in the jurisdiction from which the Websites are accessed (“minors”), and we prohibit minors from using the Websites. We do not knowingly collect personal information from minors. If you are the parent or legal guardian of a minor who has provided us with personal information, then please contact us at firstname.lastname@example.org to have that minor’s personal information deleted.
The Sources from Which We Collect Personal Information
We collect Personal Information in the following ways:
Directly from you: We collect the categories of information listed above directly from you.
Automated technologies or interactions. As explained in the section below on Cookies and Automatic Data Collection Technologies, we set cookies and other automatic techniques to collect website activity data when you visit the Websites or other websites owned by our corporate group.
Purposes for Which We Use Your Personal Information
We use personal information for the purposes described below.
Provision of services: We use identifiers, website activity data, and, additionally, for registered users and Premium users only, contact information, and payment and commercial information and user contributions to present our Websites and their contents to you, including any interactive features on our Websites, to provide you with information, products or services that you request from us, and to verify your eligibility and deliver prizes in connection with contests and sweepstakes.
Customer management (Registered Users and Premium Users Only): We use identifiers and contact information, and payment and commercial information to manage a Premium users’ and registered users’ account, to provide customer support and notices to the registered user about his account or subscription, including expiration and renewal notices, and notices about changes to our Websites or any products or services we offer or provide through them.
Customization of content and marketing (Unregistered Users and Registered Users Only): We use identifiers and contact information, website activity data, user submitted personal information and user contributions to analyze your use of, or interest in, our Websites’ content, products, or services, in order to develop and display content and advertising tailored to your interests on our Websites.
Analytics: We use identifiers and website activity data to determine whether users of our Websites are unique, or whether the same user is using the Websites on multiple occasions, and to monitor aggregate metrics such as total number of visitors, pages viewed, demographic patterns.
Functionality and security: We may use any of the categories of data we collect to diagnose or fix technology problems, to verify your payment information, and to detect, prevent, and respond to actual or potential fraud, illegal activities, or intellectual property infringement.
Compliance: We may use any of the categories of data we collect to enforce our terms and conditions and to comply with our legal obligations.
Our Legal Bases Under Kenya and EU Law
We have the following legal bases under Kenya and EU law for processing your personal data for the purposes described under Section Purposes for Which We Use Your Personal Information:
We process personal data for the purposes of providing the services, customer management, certain customization of content (e.g., based on your selected preferences, favorites and ratings), and functionality and security because the processing is necessary for the performance of a contract, specifically it is necessary to provide the services or products you have requested, or to provide our Websites and services in a manner consistent with our terms and conditions and any other contract that you have with us.
We process personal data for the purposes of customization of advertising, marketing and analytics for our legitimate interests.
We process personal data for functionality and security because it is necessary for our legitimate interests, and in certain cases because the processing is necessary for us to comply with a legal or regulatory obligation.
We process personal information in specific circumstances where you have provided your consent to such processing.
Disclosure of Your Personal Information
We disclose personal information:
To the public: When you submit user contributions including audio/video content, you are using our Websites and services to make that information public.
Within our corporate group: We may disclose any of the categories of personal information to members of our corporate group (including affiliates and related entities) to the extent this is necessary for our purposes listed in the sections above.
Service providers: We disclose the categories of personal information we collect to our authorized service providers that perform certain services on our behalf. These services may include payment processing and fulfilling orders, risk and fraud detection and mitigation, customer service, marketing and advertising, customization of content, analytics, security, or hosting our Websites or supporting our Websites’ functionality. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purposes.
Legal successors: We may disclose all of the categories of personal information we collect to a buyer or other successor in the event of a merger, acquisition or sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding.
Cookies and Automatic Data Collection Technologies
As you navigate through and interact with our Websites, we use automatic data collection technologies to collect website activity data.
We currently use the following types of cookies, which are set by the Websites’ domains, or by other domains we own or control:
Strictly necessary cookies: These are cookies that are required for the operation of our Websites. These include, for example, cookies that enable a user to log in to our Websites and to check if a user is allowed access to a particular service or content.
Functionality cookies: These cookies help us to personalize and enhance your online experience on our Websites. This type of cookies allows us to recognize you when you return to our Websites and to remember, for example, your choice of language.
Analytics cookies: These cookies allow us to recognize and count the number of users and to see how users use and explore our Websites. These cookies help us to improve our Websites, for example by ensuring that all users are able to find what they are looking for easily.
Targeting and Advertising cookies: These cookies record visits of a user on our Websites, the pages a user visits and the links a user follows in order to enable us to make our Websites more relevant to the user’s interests and to help us serve ads that might be of interest to the user. Targeting and advertising cookies are only used for unregistered users and registered users.
Cookies can be either session cookies or persistent cookies. A session cookie expires automatically when you close your browser. A persistent cookie will remain until it expires or you delete your cookies.
Do Not Track: Our systems do not recognize browser “Do Not Track” signals.
Use of Google Analytics. We use Adspeed as a service provider to collect and analyze information about how users use the Websites, including by collecting website activity data through first-party cookies set by our domains, and third-party cookies set by Google. Because we activated IP anonymization for Adspeed Analytics, Adspeed will anonymize the last octet of a particular IP address and will not store your full IP address. Google will use the information only for the purpose of providing Adspeed Analytics services to us, and will not use this information for other purposes. The information collected by Adspeed Analytics may be transmitted to and stored by Adspeed on servers in the United States pursuant to standard contractual clauses approved by the kenya and EU.
You can set your browser to refuse all third-party cookies, or to alert you when cookies are being sent.
Your Choices About How We Collect, Use and Disclose Your Personal Information
We strive to provide you with choices regarding the personal information you provide to us.
You can choose not to provide us with certain personal information, but that may result in you being unable to use certain features of our Websites because such information may be required in order for you to register as a member; purchase products or services; participate in a contest, promotion, survey, or sweepstakes; ask a question; or initiate other transactions on our Websites.
As explained in the section Cookies and Automatic Data Collection Technologies, you may set your browser to refuse some or all cookies.
You can opt out of receiving marketing emails from us using the opt-out link provided in our emails. If you are a Registered User, we may continue to send you other types of transactional and relationship e-mail communications, such as emails about your account or orders, administrative notices, and surveys.
You may use your account settings to delete your user contributions and audio/video information.
You may also delete and deactivate your account with us at any time. If you do so, your profile will no longer be accessible by you. If you later choose to have an account with us, you will have to sign up for a new account as none of the information you previously provided or saved within your account will have been saved.
Your Rights Related to Your Personal Information
You have certain rights regarding the personal information we collect, use or disclose and that is related to you, including the right:
to receive information on the personal information we hold about you and how such personal information is used (right to access);
to correct inaccurate personal information concerning you (right to data rectification);
to delete/erase your personal information (right to deletion, “right to be forgotten”);
to receive the personal information provided by you in a structured, commonly used and machine-readable format and to transmit the personal information to another data controller (right to data portability)
to object to the use of your personal information where such use is based on our legitimate interests or on public interests (right to object);
in some cases, to restrict our use of your personal information (right to restriction of processing); and
to withdraw your consent at any time where our processing is based on consent.
You may exercise your right to access and deletion using the buttons at the bottom of this page. Additionally, you may, at any time, send us an e-mail at email@example.com to exercise your above rights in accordance with the applicable legal requirements and limitations. If you are located in the European Economic Area ,Kenya or the UK, you have a right to lodge a complaint with your local data protection authority.
Please note that unless you have created an account with us, we may not have sufficient information to identify you and therefore may not be in a position to respond to your request. Additionally, in some cases in order to adequately verify your identity or your authorization to make the request, we may require you to provide additional information.
Note that some requests to delete certain personal information will require the deletion of your user account as the provision of user accounts are inextricably linked to the use of certain personal information (e.g., your e-mail address).
Kenyan Law and Regulations
The Kenyan Law and Regulations provides you certain rights in relation to your personal information:
Right to Know: You have the right to request that we disclose certain information about our collection of your personal information over the past 12 months, including the specific pieces of information we collected.
Right to Request Deletion: You have the right to request that we delete any of your personal information we collected from you and retained, subject to certain exceptions set forth in the law.
Right to Non-Discrimination for the Exercise of Your Rights: We will not discriminate against you because you have exercised any of your rights under the Law.
To exercise the rights described above, please use the buttons at the bottom of this page or email us at firstname.lastname@example.org with the email subject line “Rigts Request.” In either case you will need to provide the following information to verify your identity and enable us to locate your information in our systems: your username and email address that you used to create an account with us, as well as any other information which we may reasonably request in order for us to verify your identity. We may require you verify that you have access to your account and/or email account that you used to register with us.
You can designate an agent to make a request by executing a notarized power of attorney to have that person act on your behalf and providing that person with the information listed above that allows us to verify your identity and locate your information. Alternatively, you will need to directly confirm your identity with us using the methods described above, sign an authorization for the agent to act on your behalf and provide us with confirmation that you have done so.
We disclose certain categories of personal information for our business purposes, as described in the section above titled Disclosure of Your Personal Information.
We do not sell personal information.
We do not exchange personal information for money with anyone so they may license or sell the personal information to additional parties.
Transfers of Your Personal Information to Other Countries
Where the laws of your country allow you to do so, by using the Websites you consent to the transfer of information that we collect about you, including personal information, to other countries in which we, members of our corporate group (including affiliates and related entities) or our service providers are located. When we transfer personal information to countries outside of the European Economic Area (“EEA”) or other regions with comprehensive data protection laws, we will ensure that the information is transferred in accordance with the applicable laws. Where relevant, our transfers outside the EEA are made pursuant to standard contractual clauses approved for use by the European Union.
Retention of Personal Information
We will only retain your personal information for as long as your account is active, or for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider a number of factors, including what personal data we are processing, the risk of harm from any unauthorised disclosure, why we are processing your personal data and whether we can achieve this outcome by another means without having to process it.
Where permissible, we will also delete your personal information upon your request as explained above in the section “Your Rights Related to Your Personal Information”.
Third-Party Links and Sites
Our Data Protection Officer can be contacted at the following email address: email@example.com.
GDPR (General Data Protection Regulation)
In accordance with the General Data Protection Regulation law in the European Union effective May 25, 2018, JTUBE users can request a copy of their personal data as well as get JTUBE to delete their personal data.