Privacy Policy

Last Updated: September 07, 2025
Effective Date: September 07, 2025

1 Introduction

Optiven Agency is committed to protecting your privacy in compliance with the Kenya Data Protection Act, 2019, and applicable international privacy laws. This policy explains how we collect, use, store, and protect your personal data across our website, mobile platforms, and official social media channels.

1.1 Scope

This policy applies to:

Buyers and prospective property investors.
Property owners listing with us.
All interactions on our website, mobile app, and social media pages.

1.2 Our Commitment

We handle your personal data with integrity, transparency, and security, ensuring that your information is only used for the purposes you consent to.

1.3 Data Breach Contact Person

If you suspect a data breach or have any privacy concerns, please contact:

Data Protection Officer
Phone: (+254) 702 250250
Email: info@optivenagency.com
Visit: Optiven Global Office, Karen

2 Definitions

In the context of the Optiven Agency – Digital Policy Package, the terms “us”, “our”, and “you” are defined as follows:

Us: Refers to Optiven Agency, the entity operating the website (www.optivenagency.com), mobile tools, and official social media platforms as a property agency. It encompasses the company, its employees, and any agents acting on its behalf.
Our: Pertains to anything belonging to or associated with Optiven Agency, such as its platforms, services, policies, or data.
You: Refers to the user of Optiven Agency’s services, including buyers, prospective property investors, property owners listing with the agency, or any individual interacting with the website, mobile app, or social media pages.

Below are definitions for key terms used in the Optiven Agency – Digital Policy Package to clarify their meaning in the context of the policy:

Personal Data: Information relating to an identified or identifiable individual, such as name, email, phone number, IP address, or transaction details, as defined under the Kenya Data Protection Act, 2019.
Data Protection Officer: The designated individual at Optiven Agency responsible for overseeing compliance with data protection laws and handling privacy concerns or data breach inquiries.
Consent: The explicit, informed, and voluntary agreement by a user to allow Optiven Agency to collect, process, or share their personal data for specified purposes.
Sensitive Data: A subset of personal data that includes information such as financial details, biometric data, or other categories requiring additional safeguards, for which separate consent is needed.
Data Breach: An incident where personal data is accessed, disclosed, altered, or destroyed without authorization, potentially compromising its security or confidentiality.
Data Retention: The period during which Optiven Agency keeps personal data, determined by the purpose of collection, legal requirements, or legitimate business needs.
Encryption: The process of converting data into a secure format to prevent unauthorized access, used both when data is stored (at rest) and when it is transmitted (in transit).
Cookies: Small text files placed on a user’s device by a website or platform to store information about user preferences, login sessions, or browsing behavior for analytics or functionality purposes.
Third-Party Tools: External services (e.g., Google Analytics, Meta Pixel) used by Optiven Agency to enhance platform functionality, such as analytics or advertising, which may process limited user data.
Verified Listings: Property listings on the Optiven Agency platform that have undergone specific checks (e.g., ownership confirmation or land searches) to confirm certain details, though not guaranteeing complete accuracy.
Due Diligence: The responsibility of buyers to independently research and verify property details, such as ownership, title status, zoning, or legal compliance, before making a purchase.
Binding Arbitration: A dispute resolution process where an impartial third party (arbitrator) makes a legally binding decision to resolve a conflict, as specified under the Arbitration Act of Kenya.
Platform Integrity: The operational stability and security of Optiven Agency’s website, mobile app, and social media channels, which users must not disrupt through activities like hacking or spamming.
Content Rights: The permissions granted by users to Optiven Agency to use, display, reproduce, or distribute user-posted content (e.g., property listings or media) for platform purposes.
Prohibited Content: Material that violates Optiven Agency’s policy, including misleading claims, stolen images, defamatory statements, or discriminatory remarks.
Mediation: A voluntary process where a neutral third party facilitates negotiation between disputing parties to reach a mutually acceptable resolution, as outlined in the policy’s dispute resolution section.
Cross-Border Transfers: The sharing of personal data outside Kenya, which Optiven Agency ensures complies with Kenyan regulatory standards for data protection.
Role-Based Access: A security measure limiting access to personal data within Optiven Agency to authorized personnel based on their roles and responsibilities.

3 Who We Are

Optiven Agency (“us,” “our,” or “we”) operates www.optivenagency.com, mobile tools, and official social media platforms as Optiven Property Agency. We are committed to protecting your personal data in accordance with the Kenya Data Protection Act, 2019, applicable Kenyan laws, and international standards.

4 Information We Collect

We collect personal data from buyers, property listers, and all users interacting with our website (www.optivenagency.com), mobile app, or social media channels. This includes:

Buyers: Contact information (name, email, phone), inquiries, search history, and transaction details.
Property Listers: Contact and verification details, property media/descriptions, and banking information.
All Users: Technical data (IP address, device type, browser), cookies/analytics data, and social media or form interactions.

We also collect your personal data from third-party sources, such as publicly available sources (e.g., telephone directories), third-party reference agencies, social media platforms, legitimate marketing lists, or your permitted referral agents. Examples include name, postal address, email address and contact telephone number, date of birth, income level, reference and background data, employment information (e.g., employer name and job title), and publicly observed activities or information made available by you to the public, including social media channels and other internet services.

4.1 How We Obtain Consent

You give explicit consent by registering, listing, inquiring, or engaging with us. Separate consent is required for sensitive data. You may withdraw consent at any time.

4.2 How We Use Your Data

We use your personal data to facilitate property transactions, verify verified listings, prevent fraud, communicate with you, improve services, and meet legal obligations.

4.2.1 Processing Activities on Digital Platforms

We process personal data on our digital platforms (website, mobile app, and social media channels) to provide services to buyers and sellers. Below are the key activities and data processed:

For Sellers:

Registering Prospective Sellers: When you sign up to sell a property through our website or mobile app, we collect your name, contact details (email and phone number), and property details to provide our services. This is based on your consent or our legitimate interest in operating our business.
Arranging Virtual Viewings: To facilitate online property viewings, we process your name, contact details, and property details to coordinate with potential buyers, relying on the performance of a contract or steps taken before entering a contract.
Communicating Offers: We use your name and contact details to share buyer offers via email or app notifications, based on the performance of a contract.
Onboarding New Sellers: To verify your identity and conduct due diligence, we collect your name, address, bank details, financial details (e.g., mortgage information), passport or identity documents, proof of address, and due diligence checks. This is necessary to comply with legal obligations and our legitimate interests.
Collecting Payments: For online payment processing, we collect your name, contact details, and bank details to complete transactions, based on the performance of a contract.
Managing Services: We use your name and contact details to manage ongoing services (e.g., updates on sales progress) via digital platforms, based on the performance of a contract.
Marketing Services: With your consent or based on our legitimate interest, we use your name, contact details, and marketing preferences to send email or app-based messages about Optiven Agency services or properties you may be interested in.

For Buyers:

Registering Prospective Buyers: When you register on our website or mobile app to explore properties, we collect your name, contact details, and details of properties you’re interested in to provide tailored services, based on your consent or our legitimate interest.
Arranging Virtual Viewings: To organize online viewings, we process your name, contact details, and property preferences, relying on your consent or the performance of a contract.
Communicating Offers: We use your name and contact details to communicate your offers to sellers via digital channels, based on consent or contract.
Onboarding New Buyers: To verify your identity and conduct due diligence, we collect your name, address, bank details, passport or identity documents, proof of address, references, salary, employment status, and credit check results. This is necessary for legal obligations and our legitimate interests.
Collecting Payments: For online transactions, we process your name, contact details, and bank details to facilitate purchases, based on the performance of a contract.
Managing Services: We use your name and contact details to manage buyer services (e.g., transaction updates) via digital platforms, based on contract performance.
Marketing Properties: With your consent or based on our legitimate interest, we use your name, contact details, and marketing preferences to send digital marketing about properties or services.

4.2.2 Special Category Data

On our digital platforms, we may process sensitive data, such as financial details (e.g., bank account information for transactions) or biometric data (e.g., for identity verification), only with your explicit consent or where required by law (e.g., for anti-fraud measures). We protect this data using industry-standard encryption (e.g., AES-256), restrict access to authorized personnel, and use it solely for purposes like verifying transactions or complying with regulatory requirements. You may withdraw consent for non-legally required processing by contacting info@optivenagency.com.

4.2.3 Legitimate Interests

We may process your personal data on our digital platforms for legitimate interests, such as:

Improving platform functionality and user experience by analyzing navigation patterns or usage data.
Preventing fraud or unauthorized access to our website, mobile app, or social media channels.
Promoting our services through targeted digital marketing, unless you opt out.
Maintaining platform integrity by monitoring for hacking or spamming attempts.

We balance these interests against your rights and freedoms. To object to such processing, contact info@optivenagency.com.

4.3 Sharing Your Data

We share personal data with our partner service providers (e.g., hosting partners, payments partners, analytics partners), other users (when verified listings are public), and regulators as needed. Cross-border transfers are protected to Kenyan regulatory standards.

To operate our digital platforms and provide services, we share your personal data with select third parties under strict confidentiality agreements, in compliance with the Kenya Data Protection Act, 2019. These include:

Hosting and IT providers to maintain our website and mobile app functionality.
Payment processors to securely handle online transactions (e.g., credit card payments).
Analytics providers, such as Google Analytics or Meta Pixel, to analyze user behavior and improve platform performance, using anonymized data where possible.
Marketing partners to deliver targeted ads, only with your consent.
Regulatory authorities to meet legal obligations, such as reporting to the Office of the Data Protection Commissioner.
Contractors, government departments, property developers, other licensee agents under Optiven Agency, representatives or professional advisers (e.g., solicitors, accountants, surveyors), counterparties to your transaction (e.g., landlords, tenants, purchasers, vendors, and their representatives), third parties at your request, or utility service providers.

Any cross-border transfers (e.g., to cloud servers outside Kenya) comply with Kenyan regulatory standards. For more details, contact info@optivenagency.com.

We may also transfer or process your personal data when we have your instruction to pass the sale of your property to another agent, to protect or defend Optiven Agency’s rights and property (including enforcing our Terms and Conditions), when required by law, court order, or government authorities (e.g., for background checks), or where you have given consent (e.g., sharing with your solicitor, bank, or mortgage advisor).

4.4 Data Retention

We will retain your personal data for as long as it is necessary to fulfill the purposes for which it was collected, or as required by law, regulation, or legitimate business needs. Where the law does not prescribe a specific retention period, we may determine an appropriate duration based on the nature of the data, the purpose of its processing, and our operational requirements. We may also retain certain data for archiving, security, fraud prevention, or to comply with contractual and legal obligations.

We retain personal data collected through our digital platforms only for as long as necessary to fulfill the purposes for which it was collected, comply with legal obligations, or meet legitimate business needs. For example:

Account data is kept while your account is active and for up to 7 years afterward to address disputes or legal claims, unless a longer period is required by law.
Transaction data is retained for 7 years to comply with tax and accounting regulations.
Anonymized analytics data may be kept indefinitely to improve platform functionality.
Marketing data is retained until you withdraw consent or opt out of communications.

To request deletion of your data, contact info@optivenagency.com, subject to any legal retention requirements.

4.5 Your Rights

You have the right to:

Request access to the personal data we hold about you.
Request correction of any inaccurate or incomplete personal data.
Request deletion of your personal data where there is no lawful basis for its continued processing.
Object to the processing of your personal data where applicable.
Withdraw your consent to processing at any time, where processing is based on consent.

We will respond to all requests in accordance with applicable data protection laws.

Not all rights will be applicable in every case; for example, where we are obliged to maintain records to meet a legal or regulatory requirement, we would be unable to delete your information. Where you have given consent for us to use your personal data for specific purposes, you have the right to withdraw this consent at any time. If you would like to exercise any of your rights, please contact us by emailing info@optivenagency.com. We will respond to any request within the stipulated statutory deadline. This deadline may be extended where applicable under data protection law. We will inform you if your request meets the extension criteria.

4.6 Failing to Provide Personal Data

Providing accurate personal data is essential for accessing features of our digital platforms, such as creating accounts, listing properties, or processing online transactions. For example, we require bank details for payments or identity documents for due diligence. If you choose not to provide required data, we may be unable to deliver these services or meet legal obligations, which could limit your ability to engage with our platforms.

4.7 How to Complain

If you have concerns about how we handle your personal data on our digital platforms, please contact our Data Protection Officer at info@optivenagency.com or (+254) 702 250250. We will respond within 30 days, as required by the Kenya Data Protection Act, 2019, or longer for complex cases, with notification of any extension. If unsatisfied, you may escalate your complaint to the Office of the Data Protection Commissioner (visit www.odpc.go.ke for guidance).

Optiven Agency is committed to respecting the privacy of every individual whose personal information we handle in the course of our business operations by processing and protecting your information fairly and in compliance with Data Protection regulations. If you have any questions or queries about how we are processing your data, please contact us by emailing info@optivenagency.com.

4.8 Data Security

We safeguard your personal data through encryption at rest and in transit, role-based access, secure hosting, firewalls, regular audits, and staff training, in line with industry-standard best practices. We are committed to safeguarding your information in line with our role as a Data Processor and in accordance with applicable data protection laws. While we implement reasonable and appropriate measures to protect your personal data, no method of storage or transmission is completely secure, and absolute protection cannot be guaranteed. In the event of a data breach, we will act promptly and, where legally required, notify you and relevant authorities.

When you provide us with your personal data, we will process it using our systems, meaning your details will be inputted into our secure databases. We have appropriate security measures in place to help ensure that your personal data is not lost, stolen, accessed by unauthorized third parties, or tampered with in any way. Internally, your personal data will only be accessible by those members of our staff that have a need to see your data (which will depend on the nature of the services we are providing to you). However, we cannot guarantee your personal data will be free from every security risk that may be possible when your information is sent to and from our data collection platforms.

4.9 Data Breach Notification

If we become aware of a data breach that is likely to result in a risk to your rights or freedoms, we will promptly investigate and take all reasonable steps to contain and remedy the incident. Where notification is required under applicable law, we will inform the Office of the Data Protection Commissioner and affected individuals without undue delay and within the period required by law, taking into account the time necessary to verify the data breach, determine its impact, and implement initial containment measures. If complete information is not available at the time of initial notification, we may provide updates in phases as further details are confirmed. We may notify affected parties through email, SMS, telephone, public announcement, or other suitable means depending on the urgency, scope, and nature of the data breach.

4.10 Social Media & Third-Party Tools

Data received via social media channels (messages, comments, forms) is treated as website data. Third-party tools (e.g., analytics, ads) process limited data under our standards; please review their individual policies.

5 Cookie Policy

We use cookies to support login sessions, remember preferences, analyze usage (via third-party tools like Google Analytics, Meta Pixel), and serve tailored ads. Manage preferences through your browser settings.

6 Terms & Conditions

6.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into binding agreements to buy, sell, or list property with us. Minors may only use our services through a parent or legal guardian who assumes full responsibility for the transaction. By using our services, you confirm that all information you provide is accurate, current, and complete. We reserve the right to request proof of identity or ownership and to refuse service if eligibility requirements are not met.

6.2 Acceptable Use

You agree to use the platform only for lawful purposes and in a manner that respects the rights of others. In particular:

Accuracy: You are solely responsible for ensuring that all listings and information you provide are truthful, current, and comply with applicable laws.
Content Rights: By posting content, you grant us a worldwide, non-exclusive, royalty-free license to use, display, reproduce, and distribute your content for marketing, promotional, and operational purposes. You retain full ownership of your content.
Prohibited Content: You must not post any misleading claims, stolen or unauthorized images, defamatory statements, discriminatory remarks, or material that violates the rights of others.
Platform Integrity: You must not engage in hacking, spamming, or any activity that disrupts or damages the platform’s operation.
Liability: You are solely liable for any legal claims, damages, or losses arising from your listings or content. We are not responsible for user-generated content, and we reserve the right to remove, suspend, or edit content at our discretion.

6.3 Buyer Responsibilities

As a buyer using our platform, you agree to:

Due Diligence: Conduct your own research and verification before making any purchase, including confirming property ownership, title status, zoning, and legal compliance.
Financial Capacity: Ensure you have the financial means to proceed with any agreed transaction, including paying deposits, fees, taxes, and related costs on time.
Truthful Information: Provide accurate personal, financial, and contact information during all stages of the buying process.
Compliance: Follow all applicable laws, regulations, and contractual obligations related to your purchase.
Liability: You are responsible for any legal or financial consequences resulting from your actions or omissions during the transaction.

7 Disclaimers

We provide some listings as verified listings, meaning we have conducted certain checks such as ownership confirmation or land searches. However, verification is limited to the information available at the time and does not guarantee absolute accuracy or future changes. All other listings are provided “as is” without verification. Buyers are advised to carry out their own independent due diligence in all cases. We are not liable for losses or disputes arising from reliance on listing information, whether verified or unverified.

8 Dispute Resolution

We encourage parties to first resolve disputes directly through communication and negotiation. If unresolved, disputes will be referred to the courts in accordance with the laws of Kenya. All proceedings shall be conducted in English and, unless otherwise required by law, filed in the courts of Nairobi. Any dispute must be raised within 12 months of the event giving rise to it, or it will be considered waived.

9 Violations & Enforcement

Violations of this policy, including misuse or unlawful acts, may lead to warnings, suspension, or termination of access. Users should report violations through official channels. Enforcement actions are intended to protect the platform and its users; the platform is not liable for any consequences resulting from good-faith enforcement.

10 Policy Review & Updates

This policy will be reviewed periodically and updated as necessary to reflect changes in technology, legal requirements, and platform needs. Users will be notified of significant updates. Continued use of the platform after updates constitutes acceptance of the revised policy.

We may update this Digital Policy to reflect changes in technology, legal requirements, or platform operations. Significant changes (e.g., new data processing purposes or third-party sharing) will be communicated to users via email, website notices, or in-app notifications. The latest version, effective upon posting, governs all personal data held by Optiven Agency. This policy was last updated on September 07, 2025.

If we make any material changes in the way we collect, use, and share personal data, we will notify you. Any personal information held will be governed by our most recent Digital Policy.

For comprehensive details on our data protection practices, including offline processing, refer to the Optiven Agency Data Privacy Policy, available by contacting data@optiven.co.ke.

11 Conclusion

This Digital Policy constitutes a binding agreement between the user and the platform. Continued use of the platform constitutes acceptance of all terms and conditions set forth herein. Users are expected to comply fully with this policy to ensure the platform integrity, security, and lawful use of the platform. The platform reserves the right to amend this policy at any time, and such amendments shall become effective upon posting.

By continuing to engage with this platform, you acknowledge and agree to adhere to the terms herein, thereby contributing to a respectful and trustworthy community.