Privacy Policy
Proximal Innovation Ltd
Effective: 13th October 2026
This policy explains how Proximal Innovation Ltd ("Proximal Innovation", "we", "us") collects, uses, shares and protects personal data when you visit proximal.co.ke, contact us (including by phone, email, live chat or WhatsApp), or use the software and services we provide.
We process personal data in accordance with the Kenya Data Protection Act, 2019 and its regulations. Where we serve clients outside Kenya, we also take account of the data protection law that applies to them.
1. Who we are
Proximal Innovation Ltd is a software company registered in Kenya, with offices on Waiyaki Way, Westlands, Nairobi. You can contact us at info@proximal.co.ke or +254 737 403 393.
Our role. For visitors to our website and for our own clients and enquiries, we are the data controller. When we host or operate systems for a client (for example a billing platform, payment integration or customer support chatbot), the client decides how its customers' data is used and is the data controller; we act as its data processor and handle that data only on the client's documented instructions. Customers of our clients should read that client's privacy policy and contact the client first.
2. Information we collect
| Category | Examples and source |
|---|---|
| Contact and enquiry details | Name, email, phone number, company and the content of your message, provided by you through our forms, email, phone, live chat or WhatsApp. |
| Client account information | Names and contact details of client staff, billing details and login credentials for systems we provide. |
| Messaging data | If you message us on WhatsApp: your phone number, WhatsApp profile name, message content and delivery status. |
| Payment information | Transaction references, amounts, phone numbers and status returned by payment providers such as Safaricom M-Pesa. We do not collect or store card numbers or M-Pesa PINs. |
| Technical data | IP address, browser and device information, and server logs, collected automatically for security and troubleshooting. |
| Job applications | CVs and cover notes you send to us. |
3. How we use it and our lawful basis
- To respond to enquiries and provide quotations: with your consent or to take steps at your request before entering a contract.
- To deliver, host, support and bill for our services: performance of a contract.
- To keep our systems secure, prevent fraud and fix problems: our legitimate interests.
- To keep accounting and tax records and respond to lawful requests: compliance with a legal obligation.
- To send service updates or newsletters: with your consent, which you can withdraw at any time.
We do not sell personal data, and we do not use it for automated decisions that have legal or similarly significant effects on you.
4. WhatsApp and other messaging
- We use the WhatsApp Business Platform, provided by Meta, to answer customer enquiries and send service notifications.
- Opt-in: we only start a WhatsApp conversation with you if you have given us your number and agreed to receive messages from us, for example by messaging us first or ticking a consent box when signing up for a service.
- What we send: replies to your questions, account and payment notifications and service updates. We do not send bulk promotional messages to people who have not opted in.
- Opt-out: reply STOP at any time, or ask us by phone or email, and we will stop messaging you and remove you from our messaging list.
- Automated replies: some replies may be automated. You can ask for a person at any time in the chat, or call +254 737 403 393 or email info@proximal.co.ke.
- We never ask you to send card numbers, M-Pesa PINs, passwords or ID numbers over WhatsApp, and we never share the contents of your chat with other customers.
- Messages are also processed by Meta under the WhatsApp Privacy Policy.
5. Who we share data with
We share personal data only where needed for the purposes above, with:
- Service providers acting on our behalf under contract: hosting and email providers, Meta (WhatsApp Business Platform), Tawk.to (website live chat), Cloudflare (security and spam protection) and Google (fonts and maps on our website).
- Payment and SMS providers, such as Safaricom, when a payment or message is processed through a system we provide.
- Our clients, where we process data on their behalf as their processor.
- Authorities, where required by law or a valid court order.
Transfers outside Kenya. Some providers store data outside Kenya. Where this happens we rely on appropriate safeguards as required under the Data Protection Act, such as contractual protections, and we transfer only what is necessary.
6. How long we keep data and how we protect it
We keep personal data only as long as needed for the purpose it was collected: enquiries that do not lead to a contract are deleted after 12 months, client and billing records are kept for as long as the law requires for accounting and tax purposes, and job applications are kept for up to 12 months unless you ask us to delete them sooner. Data we process for clients is kept or deleted according to the client's instructions.
We protect data with encryption in transit (HTTPS/TLS), role-based access controls, regular backups and server security updates, and we limit access to staff who need it.
7. Your rights
Under the Data Protection Act, 2019 you have the right to:
- be informed about how your personal data is used;
- access the personal data we hold about you;
- object to processing, including for direct marketing;
- have inaccurate data corrected and have false or misleading data deleted;
- withdraw consent at any time, without affecting earlier processing; and
- request a copy of your data in a portable format, where applicable.
To exercise these rights, email info@proximal.co.ke with the subject "Data request". We may need to confirm your identity before responding.
If you are not satisfied with our response, you may complain to the Office of the Data Protection Commissioner.
8. Cookies and similar technologies
Our website stores your light/dark theme choice in your browser, and our live chat (Tawk.to) and spam protection (Cloudflare Turnstile) use cookies to function. We do not use advertising cookies. You can clear or block cookies in your browser settings; some features such as live chat may then not work.
Changes to this policy
We may update this policy from time to time. The effective date above shows when it was last changed, and we will notify clients of material changes by email.
Contact us about privacy
Proximal Innovation LtdWaiyaki Way, Westlands, Nairobi, Kenya
info@proximal.co.ke
+254 737 403 393