1 Scope

This Policy applies to all users and visitors — the public, Voters, Poll Creators, Aspirants, Associates, donors and Resellers. It covers Personal Data processed through the Platform and forms part of the Terms & Conditions.

2 Roles — Controller & Processor

3 Definitions

"Personal Data", "data controller", "data processor", "data subject", "processing", "consent" and "sensitive personal data" have the meanings in the Data Protection Act 2019. "ODPC" means the Office of the Data Protection Commissioner.

4 Categories of Data

5 Sources

We collect data you and your participants provide directly, data generated automatically through use (logs, cookies, device signals), and limited data from third-party providers (e.g. payment confirmation). Where you direct collection, you must provide data subjects the required privacy notices.

6 Purposes & Lawful Bases

For data you collect as controller, you establish and document the lawful basis and purpose.

7 Your Obligations as Controller

• obtain a valid lawful basis and all necessary consents;
• provide data subjects with required privacy notices and honour their rights;
• register with the ODPC where required and conduct any required impact assessment;
• not collect sensitive or children's data unlawfully;
• use data only for lawful, disclosed purposes; and
• comply with the Data Protection Act 2019 and ODPC directions.

8 TSCONECT as Processor

As processor, TSCONECT processes only on your documented instructions, ensures confidentiality of authorised personnel, implements appropriate security, engages sub-processors under equivalent obligations, assists you (so far as practicable) with data-subject requests and breaches, and deletes or returns data on termination subject to legal retention.

9 Anti-Fraud Processing

To protect poll integrity we process IP addresses, device fingerprints, VPN/proxy signals, behavioural and rate-limiting signals and verification data. These measures are best-efforts; TSCONECT does not warrant detection or prevention of all manipulation and accepts no liability for undetected activity.

10 Cookies

We use strictly necessary, functional, security and analytics cookies as detailed in the Cookie Policy. Non-essential cookies are used with consent.

11 Disclosure & Recipients

We do not sell Personal Data. We may disclose to service providers/processors under safeguards; to the relevant Poll Creator/Aspirant (its controller); to regulators, courts or authorities as required by law (see DPA); and to a successor in a corporate transaction.

12 International Transfers

Where data is transferred outside Kenya (e.g. cloud infrastructure), we apply an appropriate transfer mechanism under the Data Protection Act 2019, such as adequacy or contractual safeguards.

13 Retention

We retain operational data only as long as necessary for the purposes described, legal compliance, dispute resolution and enforcement, then delete or anonymise it. Data you collect as controller is retained per your configuration; you define lawful retention and handle deletion requests for it.

14 Security

We implement appropriate technical and organisational measures (encryption in transit, access controls, logging, monitoring). No system is perfectly secure; to the fullest extent permitted by law TSCONECT is not liable for unauthorised access not caused by its wilful misconduct, and you must safeguard your credentials and the data you control.

15 Data Subject Rights

Subject to the Data Protection Act 2019, data subjects have rights to information, access, rectification, erasure, objection/restriction and portability. Where a Poll Creator or Aspirant collected the data, that party is the controller and requests must be made to it; TSCONECT will reasonably assist as processor. Where TSCONECT is controller, requests may be made to TSCONECT.

16 Children's & Sensitive Data

The Platform is not directed to children. You must not process children's data or sensitive personal data unlawfully; any such processing is your responsibility and you indemnify TSCONECT in respect of it.

17 Personal Data Breach

TSCONECT will notify affected controllers without undue delay of breaches affecting Platform infrastructure. As controller, you are responsible for notifying the ODPC and affected data subjects of breaches relating to data you control, within statutory timelines. A notification is not an admission of liability.

18 Liability, Changes & Complaints

We may update this Policy; the current version is published with its effective date. Complaints may be made to TSCONECT via the Platform and, if unresolved, to the Office of the Data Protection Commissioner. Contact: TSCONECT LIMITED, Data Protection Contact, Nanyuki, Laikipia County, Kenya.

1 Our Approach

Kenyans Decides is a civic-participation tool. We expect lawful, honest and respectful conduct. TSCONECT is politically neutral and provides technology only; responsibility for content rests with the user who creates it.

2 Be Lawful & Respectful

Use the Platform in compliance with Applicable Law. Treat others with respect; do not harass, threaten, demean or endanger any person or group.

3 Prohibited Content

Do not post content that is unlawful, hateful, discriminatory, defamatory, obscene, deceptive or infringing, that exploits or endangers children, or that incites violence or hostility on protected grounds.

4 Electoral Responsibility

Do not spread false or misleading electoral information, impersonate candidates or officials, or use the Platform for vote manipulation, voter suppression or bribery. See the Electoral Integrity Policy.

5 Authenticity

Be authentic. Do not operate fake accounts, automate or coordinate inauthentic voting, or artificially inflate or suppress results.

6 Privacy of Others

Respect privacy. Do not collect or publish Personal Data without a lawful basis and consent, and do not dox or expose private information.

7 Enforcement

We may remove content, limit features, or suspend or terminate accounts that breach these Guidelines, at our discretion and without liability. Serious matters may be reported to authorities.

8 Reporting

Report content that breaches these Guidelines through the channels on the Platform. We review reports but are not obliged to act on any specific report.

1 Scope

This Policy applies to all users and all use of the Platform. It keeps the Platform lawful, safe, fair and credible.

2 Your Responsibility

3 Prohibited Content

You must not create or transmit content that:

• is unlawful, defamatory, obscene, fraudulent or misleading;
• constitutes hate speech or incites violence or discrimination on protected grounds;
• is false or misleading electoral information, or misrepresents any poll, result or affiliation;
• infringes intellectual property, privacy or other rights;
• is sexually exploitative or harmful to children; or
• threatens public order or national security.

4 Prohibited Conduct

You must not:

• manipulate, automate or artificially inflate or suppress votes, results or rankings;
• circumvent security, verification, rate-limiting or anti-fraud measures;
• impersonate any person or misrepresent affiliation, endorsement or result;
• harass, threaten, dox or abuse any person;
• send spam or conduct phishing or social-engineering; or
• violate any Applicable Law or third-party right.

5 Data & Privacy Misuse

You must not collect, scrape, buy, sell or process Personal Data without a lawful basis and required consents, nor process sensitive or children's data unlawfully. Comply with the Data Protection Act 2019 as a controller for data you collect.

6 Security

You must not upload malware, probe or test vulnerabilities without authorisation, attempt unauthorised access, or disrupt or overload the Platform.

7 Electoral Conduct

You must not use the Platform for vote manipulation, voter suppression, electoral bribery, undue influence or false electoral information. See the Electoral Integrity Policy.

8 Enforcement & Reporting

TSCONECT may investigate suspected breaches and remove content, restrict or suspend access, preserve evidence, report to authorities, and take any other action it considers appropriate, without liability. Report breaches via the Platform; we are not obliged to act on any particular report.

1 Nature of Donations

2 Eligibility to Donate

1. You must be at least eighteen (18) years of age and have legal capacity to donate.
2. You must donate using your own lawful funds and a payment method you are authorised to use.
3. You must not donate on behalf of an undisclosed third party or in a manner designed to conceal the true source of funds.

3 Lawful Source of Funds & AML

You warrant that donated funds are from legitimate sources and are not the proceeds of crime. TSCONECT and the relevant recipient comply with the Proceeds of Crime and Anti-Money Laundering Act 2009 and may decline, hold, return or report donations that raise legal, fraud or money-laundering concerns.

4 Electoral & Campaign-Finance Compliance

The recipient candidate, aspirant or campaign is solely responsible for compliance with campaign-finance law, for maintaining records, and for any reporting to the relevant authorities. TSCONECT provides a technology tool only and is not the recipient of, and is not responsible for, such donations.

5 Roles — Tool Only

Unless expressly stated otherwise, donations are made to the relevant campaign, organisation or Poll Creator (the "Recipient"), not to TSCONECT. TSCONECT facilitates the technical collection of donations through third-party payment providers and does not hold donated funds in trust except as required by law.

6 How Donations Are Processed

Donations are processed by independent third-party payment providers (including mobile-money and card processors). By donating you authorise the charge and any applicable processing or platform fee disclosed at the time. TSCONECT is not a bank, payment institution or escrow agent and gives no warranty regarding any payment provider.

7 Donations Are Final & Non-Refundable

8 No Goods, Services or Reward

A donation does not entitle you to any goods, services, membership, advantage, influence or preferential treatment. Any token of appreciation, where offered, is discretionary and does not convert the donation into a purchase.

9 Tax

Donations are not tax-deductible unless expressly stated and supported by a valid receipt issued under Applicable Law. You are responsible for your own tax position.

10 Anti-Bribery

Donations must not be made or solicited as a bribe, inducement or improper advantage, or in expectation of any official act or favour, contrary to the Bribery Act 2016.

11 Receipts, Records & Transparency

An electronic acknowledgement is provided for each donation where technically feasible. Donation records are retained as required by law and may be disclosed to regulators or authorities where lawfully required.

12 Donor Data

Donor Personal Data is handled in accordance with the Privacy Policy. Where the Recipient determines the purposes of donor data, the Recipient is the data controller and is responsible for its lawful processing.

13 Right to Decline

TSCONECT and the Recipient may decline, cancel or return any donation at their discretion, including where it appears unlawful, fraudulent, in breach of campaign-finance law, or contrary to these Guidelines.

14 Liability & Indemnity

To the maximum extent permitted by law, the TSCONECT Parties are not liable for any donation, its use by the Recipient, or any failure of a payment provider. You shall, at your own expense, defend, indemnify and hold harmless TSCONECT LIMITED, its affiliates and their respective directors, officers, shareholders, employees, agents and licensors (the "TSCONECT Parties") from and against any and all claims, demands, actions, suits, proceedings, investigations, liabilities, losses, damages, fines, penalties, judgments, settlements, costs and expenses (including reasonable advocates' fees on a full-indemnity basis) arising out of or in connection with your use of the Platform, your content or data, your breach of this document or any applicable law, your infringement of any third-party right, or the acts or omissions of your associates, sub-users or clients. This indemnity survives termination. This indemnity extends to claims arising from your donations or any breach of campaign-finance or AML law.

15 Contact

Questions about donations may be directed to TSCONECT LIMITED via the Platform's contact channels, or to the relevant Recipient for matters concerning the use of funds.

1 General Rule — Donations Non-Refundable

2 Rationale

Donations are typically applied promptly to campaign or platform activities and cannot ordinarily be reversed. This no-refund rule allows Recipients to plan and use funds responsibly and reduces the risk of fraud and chargeback abuse.

3 Limited Exceptions

TSCONECT or the relevant Recipient may, at their discretion and acting reasonably, consider a refund only in narrow cases:

• a duplicate or erroneous charge caused by a clear technical error;
• an unauthorised transaction (e.g. proven fraudulent use of your payment method); or
• where a refund is required by mandatory Applicable Law, including the Consumer Protection Act 2012.

4 How to Request Review

To request review of an eligible exception, contact us promptly (ordinarily within fourteen (14) days of the transaction) with the transaction reference, date, amount and a clear explanation. We may request additional verification.

5 Assessment

Each request is assessed on its facts. Approval is not guaranteed and is without prejudice to the general no-refund rule. Approved refunds are made to the original payment method, net of irrecoverable third-party processing fees.

6 Paid Platform Features

Fees for paid platform features (distinct from donations) are non-refundable except where required by mandatory law. Where a paid feature was not delivered due to a fault attributable to TSCONECT, a pro-rata credit or refund may be provided at TSCONECT's discretion.

7 Chargebacks

Initiating a chargeback instead of contacting us may result in suspension of your account and the affected activity pending resolution, and recovery of associated costs. Abusive or fraudulent chargebacks are a material breach.

8 Timeframe

Where a refund is approved, processing times depend on the payment provider and are outside TSCONECT's control.

9 No Waiver

Granting a refund in one case does not create any right to a refund in any other case and does not waive the general no-refund rule.

10 Contact

Refund queries may be directed to TSCONECT LIMITED via the Platform's contact channels.

1 Who These Apply To

These terms apply to every Poll Creator and to every member of the public who votes in, responds to, comments on or interacts with a poll. They supplement the Terms & Conditions.

2 Tool Only — Creator is Controller

3 Creating a Poll

Poll Creators warrant their polls are lawful, accurate and not misleading; that they have a lawful basis and consents for any data collected; and that they comply with the Acceptable Use Policy, Community Guidelines and Electoral Integrity Policy. Creators are responsible for configuring appropriate security and for the handling and publication of results.

4 Voting Rules & Integrity Processing

To keep results fair, the Platform applies anti-fraud measures. By participating you acknowledge and consent that the Platform may process your IP address, device and browser identifiers, VPN/proxy signals and similar data, and may require email or other verification, to detect and prevent duplicate, automated or fraudulent voting. You agree to vote honestly, once where one vote is permitted, and not to manipulate or circumvent any control.

5 No Guarantee of Accuracy

6 Paid Polls

Where a poll involves paid voting or a paid feature, the Refund Policy and Terms apply. The Poll Creator is responsible for the lawful operation and pricing of any monetised poll and for disclosures to participants.

7 Conduct

You must use polls lawfully and respectfully, must not submit false, unlawful, defamatory or infringing content, and must not abuse, harass or threaten any person. The Acceptable Use Policy and Community Guidelines apply.

8 Your Data & Rights

How your Personal Data is handled is described in the Privacy Policy. Because the Poll Creator is the data controller for data collected through its poll, direct requests to access, correct or delete your data to that Poll Creator; TSCONECT will reasonably assist as processor. You may complain to the ODPC.

9 Disclaimer & Liability

The Platform is provided "as is". To the maximum extent permitted by law, the TSCONECT Parties are not liable for any poll, result, content or the acts of any Poll Creator, and TSCONECT's liability is limited as set out in the Terms & Conditions.

10 Contact

For questions about a specific poll, contact the Poll Creator. For Platform issues, contact TSCONECT LIMITED via the Platform.

1 Status & Acceptance

By applying to be, or acting as, a Reseller, you accept this Agreement, which supplements the Terms & Conditions. TSCONECT may approve or decline any application at its discretion.

2 Appointment

TSCONECT appoints the Reseller on a non-exclusive, non-transferable basis to market and resell access to the Platform within the agreed territory. The Reseller is an independent contractor, not an agent, employee or partner of TSCONECT, and shall not hold itself out as such or bind TSCONECT.

3 Reseller Obligations

The Reseller shall:

• market the Platform lawfully, accurately and without misleading claims;
• make no representation or warranty on behalf of TSCONECT;
• ensure each client and sub-user is bound by terms no less protective of the TSCONECT Parties than the Terms;
• comply with anti-bribery, AML, sanctions and data-protection law;
• provide first-line support to its clients; and
• report any misuse, security issue or legal claim promptly.

4 Responsibility for Clients

The Reseller is responsible for the acts and omissions of its clients, sub-users and associates as if its own, including their compliance with all policies and law, and for all data they collect or process.

5 Fees & Commissions

Commercials (pricing, discounts, commissions, payment terms) are as agreed in a separate written schedule. Unless agreed otherwise the Reseller invoices and collects from its clients and is responsible for applicable taxes. Commissions may be withheld or recovered for fraud, chargeback or breach.

6 Brand & IP Licence

TSCONECT grants a limited, revocable, non-exclusive licence to use approved TSCONECT marks solely to market the Platform per its brand guidelines. All goodwill vests in TSCONECT; the Reseller acquires no rights in the Platform or its IP and shall not modify, reverse engineer or create derivative works.

7 Data Protection

Where the Reseller or its clients collect Personal Data through the Platform, they are data controllers and TSCONECT is processor under the Data Processing Agreement. The Reseller ensures its clients comply with the Data Protection Act 2019, including ODPC registration where required.

8 Warranties & Liability

The Reseller warrants professional, lawful performance. Except as expressly stated, the Platform is provided "as is". The limitation-of-liability provisions of the Terms apply, including the aggregate cap; TSCONECT is not liable for the Reseller's lost profits or the acts of its clients.

9 Indemnity

You shall, at your own expense, defend, indemnify and hold harmless TSCONECT LIMITED, its affiliates and their respective directors, officers, shareholders, employees, agents and licensors (the "TSCONECT Parties") from and against any and all claims, demands, actions, suits, proceedings, investigations, liabilities, losses, damages, fines, penalties, judgments, settlements, costs and expenses (including reasonable advocates' fees on a full-indemnity basis) arising out of or in connection with your use of the Platform, your content or data, your breach of this document or any applicable law, your infringement of any third-party right, or the acts or omissions of your associates, sub-users or clients. This indemnity survives termination. This extends to all claims arising from the Reseller's marketing, its clients and sub-users, and any data they collect or process.

10 Term, Termination & Governing Law

This Agreement continues until terminated; TSCONECT may terminate or suspend immediately for breach, legal or reputational risk, or non-payment. On termination the Reseller ceases marketing and use of TSCONECT marks; surviving provisions continue. It is governed by the laws of Kenya with disputes resolved by arbitration in Nairobi as provided in the Terms.

1 About

This Policy applies to the Platform's websites and applications. By continuing to use the Platform with non-essential cookies enabled, or by accepting via our cookie banner, you consent to those cookies as described here. It should be read with the Privacy Policy.

2 What Cookies Are

Cookies are small text files stored on your device. Similar technologies include local storage and pixels. They help the Platform function, remember preferences, keep it secure and understand usage.

3 Categories We Use

4 Third-Party Cookies

Some cookies are set by third-party providers (payment, analytics, content delivery). Those parties are responsible for their own technologies; TSCONECT does not control and is not liable for third-party cookies.

5 Consent

We rely on legitimate interests for strictly necessary and security cookies and on your consent for non-essential cookies, under the Data Protection Act 2019. You may withdraw consent at any time.

6 Managing Cookies

You can accept or reject non-essential cookies via our banner and manage or delete cookies in your browser settings. Disabling certain cookies may impair functionality.

7 Changes & Contact

We may update this Policy to reflect changes in technology or law. Questions may be directed to TSCONECT LIMITED via the Platform, marked for the attention of the Data Protection function.

1 Purpose & Neutrality

TSCONECT is strictly politically neutral and provides a tool only. We do not support or oppose any candidate, party or cause. Responsibility for all campaign content and conduct rests with the relevant user. This Policy supplements the Terms, Acceptable Use Policy and Community Guidelines.

2 Prohibited Electoral Conduct

Users must not use the Platform for:

• vote manipulation, rigging or coordinated inauthentic behaviour;
• voter suppression, intimidation or obstruction;
• electoral bribery, undue influence or inducement;
• ethnic, tribal or religious profiling, vilification or incitement; or
• impersonation of candidates, parties, officials or institutions.

3 Misinformation

Users must not publish false or misleading information about election dates, voting procedures, eligibility, candidates or poll results, or present indicative polls as official, scientific or certified.

4 Hate Speech & Incitement

Content that constitutes hate speech, or incites violence, hostility or discrimination, is strictly prohibited and may be reported to the relevant authorities.

5 Campaign Finance

Donations and campaign spending facilitated through the Platform must comply with the Election Campaign Financing Act 2013 and related law. The relevant candidate or campaign is responsible for compliance, records and reporting. See the Donations Guidelines.

6 Transparency & Disclaimers

Published poll results must carry appropriate disclaimers that they are indicative opinion instruments and not official results. Paid or sponsored polls must be operated transparently.

7 Cooperation with Authorities

TSCONECT cooperates with lawful directions of the Independent Electoral and Boundaries Commission, the National Cohesion and Integration Commission and other competent authorities, and may remove content or suspend accounts as required by law.

8 Enforcement & Reporting

TSCONECT may remove content, label or restrict polls, and suspend or terminate accounts that breach this Policy, at its discretion and without liability. Report suspected electoral misinformation or manipulation via the Platform; we are not obliged to act on any specific report.

1 Status & Application

This DPA forms part of the Terms and applies to all processing by TSCONECT on your behalf. In conflict on data-protection matters, this DPA prevails.

2 Processing on Instructions

TSCONECT processes Personal Data only to provide the Platform and on your documented instructions (including configuration), unless required by law, in which case it will inform you where lawful. TSCONECT will tell you if an instruction appears to infringe the Data Protection Law.

3 Confidentiality & Security

TSCONECT ensures personnel authorised to process are bound by confidentiality, and implements appropriate technical and organisational security measures (encryption in transit, access controls, logging, monitoring, environment separation, backups and vendor due diligence).

4 Sub-Processing

You grant general authorisation for TSCONECT to engage sub-processors (hosting, communications, payment, analytics) under data-protection obligations substantially the same as this DPA. TSCONECT remains responsible for their performance and will give reasonable notice of material changes so you may object on reasonable grounds.

5 Assistance

Taking into account the nature of processing, TSCONECT provides reasonable assistance with data-subject requests, security and breach obligations, and (where applicable) impact assessments. This is limited to reasonable cooperation and does not transfer your controller responsibilities to TSCONECT.

6 Breach

TSCONECT notifies you without undue delay of a breach affecting your Personal Data, with information then available. You remain responsible for assessing the breach and notifying the ODPC and data subjects within statutory timelines. A notification is not an admission of liability.

7 International Transfers

TSCONECT may transfer Personal Data outside Kenya only where an appropriate transfer mechanism under the Data Protection Act 2019 applies. You authorise such transfers for the purpose of providing the Platform.

8 Controller Warranties

You warrant you have a valid lawful basis and consents for the processing you instruct, are responsible for the accuracy and legality of the data and how you obtained it, and will not instruct unlawful processing.

9 Audit

TSCONECT makes available information reasonably necessary to demonstrate compliance and allows audits subject to reasonable notice, confidentiality, frequency limits and your bearing TSCONECT's reasonable costs, without compromising other customers' security.

10 Return & Deletion

On termination, TSCONECT will, at your choice, delete or return Personal Data and delete copies, unless retention is required by law. You are responsible for exporting your data before account closure.

11 Liability & Indemnity

You shall, at your own expense, defend, indemnify and hold harmless TSCONECT LIMITED, its affiliates and their respective directors, officers, shareholders, employees, agents and licensors (the "TSCONECT Parties") from and against any and all claims, demands, actions, suits, proceedings, investigations, liabilities, losses, damages, fines, penalties, judgments, settlements, costs and expenses (including reasonable advocates' fees on a full-indemnity basis) arising out of or in connection with your use of the Platform, your content or data, your breach of this document or any applicable law, your infringement of any third-party right, or the acts or omissions of your associates, sub-users or clients. This indemnity survives termination. This extends to any claim, fine or penalty by a data subject, regulator or the ODPC arising from your processing or instructions.

12 Annex — Processing Details