Terms

By accessing or using www.farmpamoja.com or any of its related blogs, websites, or platforms (collectively, “the Website”), owned by SOS Farms Ltd (Reg: PVT-7LUXVG3V ) (“SOS Farms”), a private limited liability company registered and operating in accordance with the laws of Kenya, you agree that you have read, understood, and agree to be bound by the terms and conditions contained herein (the “Terms”). All rights in and to the content of the Website remain at all times expressly reserved by SOS Farms.

Please see SOS Farms’ distinct sections on Privacy, Intellectual Property, and Disclaimers & Indemnities. Please read these terms carefully before accessing or using the Website and/or Services. SOS Farms will assume you have read and understood these terms should you continue to access or make use of the Website and/or Services.

IT IS IMPORTANT TO NOTE THE FOLLOWING: The terms “user”, “you”, and “your” are used interchangeably in these Terms and refer to all persons accessing the Website for any reason whatsoever. Accordingly, the terms “us”, “our”, or “we” refer to Farmpamoja or its possession. Not all terms are necessarily defined in order. These terms were last updated on 21/04/2024 . If you would like to be a contributing Farmer on the Website and make your Farmer Services available to be included for other users to use, you will be subject to the additional Farmers Agreement and be subject to its additional terms governing how you shall offer your Farmer Services. This Farmers Agreement is available below.

ALL USER TERMS
INTRODUCTION TO THE WEBSITE AND SERVICES SOS Farms provides an online facilitation marketplace platform allowing users to search for and purchase (“Buyers”) whole or part-shares of livestock and/or their offspring as well as other agricultural assets such as trees and crops listed on the Website by eligible, independent contracted farmers (“Farmers”) who make their private stock and services (“Farmer Services”) available on the Website. SOS Farms and the Website make the process of engagement between the Buyer and Farmer simple by operating as the livestock intermediary for both the Buyer and Farmer, assisting both parties in the conclusion of their private transaction facilitated via the Website. Apart from facilitating the connection between users and Farmers, Farmpamoja also allows users to: Access the Website to view the progress of their assets, where applicable; Transfer their funds from the FarmPamoja Wallet to the customer’s chosen bank account; and Have the sale of their agricultural assets at the appropriate harvest or maturation stage facilitated by Farmpamoja for the user’s benefit, as the user’s agricultural agent (collectively, the Farmpamoja “Services”). Depending on the exact Services used on the Website, users may need to pay a fee to Farmpamoja, which fee shall be determined as per these Terms and Website-provided information, and explained to a user before incurring any fee. These Terms explain the conditions applicable to all users, Buyers, and Farmers using the Website and/or the Services, where Farmers will also be subject to the additional terms contained in the Farmers Agreement concluded with Farmpamoja. In order to use many of the Services and/or become a Buyer or Farmer, users must register on the Website using the prompted methods and submit any required information to create a “Profile”. The Website and these Terms are subject to change without notice. These Terms are updated or amended from time to time and will be effective upon SOS Farms uploading the amended Terms to the Website. Your continued access or use of the Website constitutes your acceptance to be bound by the Terms, as amended. It is your responsibility to read these Terms periodically to ensure you are aware of any changes. Supplemental terms may apply to certain Services, such as policies for a particular activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed incorporated into the Terms for the purpose of the Services. Unauthorised use of the Website or a breach of these Terms by a user may give rise to a claim for damages and/or be a criminal offence.

RELATIONSHIP BETWEEN THE PARTIES AND SOS FARMS' INTERMEDIARY ROLE: FARM PAMOJA PROVIDES SOFTWARE SERVICES AND IS NOT AN EMPLOYER, LABOUR BROKER NOR EMPLOYMENT OR OTHER ADVISER. ALL TOOLS PROVIDED ON THE WEBSITE OR AS PART OF THE SERVICES ARE FOR INFORMATION PURPOSES ONLY, WHERE ANY FORMAL ENGAGEMENT BETWEEN A BUYER AND FARMER FACILITATED BY THE WEBSITE IS BETWEEN THEM PRIVATELY, AND FOR WHICH SOS FARMS HOLDS NO RESPONSIBILITY OTHER THAN WHAT IS CONTAINED HEREIN. All users understand and expressly agree that a Farmer is at all times an independent contractor and is not an employee of Farmpamoja in any regard. As such, all Farmer Services related issues or features are exclusively the liability of the Farmer, and not of Farmpamoja. Farmpamoja may assist the users in engaging, as their limited intermediary and livestock agent, but ultimately, the Farmer is always responsible and liable to each contracting user it has for any and all of their Farmer Services performed. Should users privately transact with each other by using the Website and/or Services, Farmpamoja will serve as the limited intermediary and livestock agent for both the Farmer and the Buyer, where each user’s acceptance of these Term constitutes their automatic provision of an intermediary mandate to Farmpamoja to provide it with the Services and serve as its intermediary when engaging with other users, as per these Terms.

AS THE USER’S LIMITED INTERMEDIARY,THE FOLLOWING IS IMPORTANT TO NOTE:

Farmpamoja may represent any user and their interests when a user makes use of/provides any Services detailed in clause 4 below, and further, has the express consent of users to do the following: Assist with the provision of the Farmer Services between users; Prescribe the terms of the Farmers’ Agreement which dictates the minimum standards applicable to the Farmer Services which shall be deemed incorporated into any agreement between Farmer and Buyer (see the Farmer’s Agreement below) ; Facilitate the payment of any fee due between users or to Farmpamoja using the FarmPamoja Wallet system; and Facilitate, assist, and manage a Farmer in the recovery of any debts owed to them by a Buyer in all regards, including but not limited to, the engagement of third-party debt-collection services or default-reporting to relevant credit institutions Being the intermediary for any user does not mean that Farmpamoja can bind that user to any third-party obligation, nor does it mean that it shall be liable for any responsibility of either the Farmer or the Buyer either to each other or to any third party.

ALL USERS UNDERSTAND AND AGREE THAT NOTWITHSTANDING Farmpamoja's STATUS AS AN INTERMEDIARY TO BOTH FARMERS AND BUYERS, AND THE VARIOUS SERVICES IT FACILITATES BETWEEN USERS, THE USERS WILL BE EXCLUSIVELY LIABLE FOR ALL OBLIGATIONS EXISTING BETWEEN THEM, WHERE THE FARMER WILL BE THE CONSUMER SERVICE PROVIDER TO THE BUYER, AND THE BUYER WILL BE THE BUYER OF ALL FARMER SERVICES FROM THE FARMER Should you wish to question or amend the intermediary mandate between yourself and Farmpamoja at any time, please contact info@farmpamoja.com who will gladly assist. Please bear in mind that should you amend your intermediary mandate with Farmpamoja in any way, some of the Services will no longer be able to function, and you may be excluded from their use.

USER REGISTRATION PROCESS
To become a user of any Services, such as being a Buyer or Farmer on the Website and make use of it or the Services and/or Farmer Services, you must complete the necessary registration process detailed on the Website and acquire a “Profile”. Each user shall have only one (1) Profile and agrees to provide accurate, current and complete information during the registration process and to update such information as and when it changes. Farmpamoja requires you to submit your full name, email address, Identity number (ID) or Passport number and phone number when registering a Profile. Farmers may then setup additional features of their Profile, including adding details about their Farmer Services, farm and/or offered products which setup may require further information to be submitted, as prompted by the Website. To protect your privacy and security, the Website takes reasonable steps to verify your identity by requiring that you authenticate your Profile via email verification, as well as input your chosen username and password in order to grant access to your Profile and data. A One Time Pin (OTP) sent via SMS and/or email is also used on the system as an additional layer of security to access your profile. To view or change your personal information provided, you can update the information yourself using the tools provided on the “My Profile” page of the Website. By entering your personal information on the Website, you warrant that the person using the Website is you and/or you have the legal authority to act on behalf of a corporate entity. You are responsible for your Profile and all actions perpetrated therewith and thereon, and you should not share your log-in details or password with anyone. By submitting your personal information to the Website for its use in a Profile, you consent to Farmpamoja using this information to facilitate a connection between you and another user. Once registered, the user is allocated a unique Profile which is under their control and which can be manipulated by the relevant Profile owner using the various tools made available on the Website. Some of the features of the Website used by a user may automatically make adjustments or manipulate a Profile in accordance with the tool’s functions. Please see Farmpamoja's Privacy Policy regarding more details on how Farmpamoja uses and processes your personal information.


THE FARMPAMOJA SERVICES AND FARMER SERVICES

Farmpamoja Services For general information purposes, and subject to further information relating to these Services made available by Farmpamoja on the Website or elsewhere, the following details some of the exciting offerings which constitute our Services available to users: Search for and engage with Farmers and their Farmers Services / agricultural products for sale: Users can search through Farmers’ Profiles and see their respective livestock, agricultural products and Farmer Services for use and/or sale. Buyers can then engage the Farmer using the Website and the intermediary services of Farmpamoja to conduct a transaction with the relevant Farmer. Farmpamoja will facilitate the payment of funds between the Farmer and Buyer using the “Farmpamoja Wallet”, which are Buyer trust accounts operated by authorised payment gateways (PayGate and Ozow – see details below) wherein Buyers place their funds for Farmpamoja to use for their agency mandate, and from which Buyer’s profits are sent to the Buyer’s bank account when appropriate; When providing the Farmer Services to users, Farmers will be subject to the additional Farmer’s Agreement which governs the minimum terms and conditions upon which the Farmer Services will be provided to their relevant Buyers. Farmers and Buyers should read the Farmer’s Agreement to understand the finer details of how the Farmer Services shall operate. For more information on how the Farmer Services works, please see the Farmers Agreement below.


FARMER SERVICES

Users may engage with private, independent Farmers via the Website in order to obtain their Farming Services from them, using Farmpamoja as the Buyer’s limited intermediary to assist both Buyers and Farmers in their transaction. Each Farmer Profile will explain what Farmer Services and livestock they have on offer, with further details on how to contact them in order to engage and subsequently transact. For clarity, all Farmers Services will be subject to the Farmer’s Agreement terms which provides for the minimum and important features of the Farmers Services provided to Buyers. Farmers may then add their own conditions and rules relating to their specific Farmer Services offered, so Buyers must be aware of all of the unique terms applicable between them and their chosen Farmer when transacting.

PAYMENT BY USERS FOR FARMPAMOJA SERVICES AND FARMER SERVICES

Fees owed between Buyer and Farmer: As part of the Services, Farmers can advertise and make their own private services available to other users (the Farmer Services), where Buyers will need to pay a fee to the Farmers in consideration for their use of the Farmer Services (“Farmer Fee”).
A Farmer Fee for services rendered by that user to another user is distinct from any fee owed to Farmpamoja.
The Farmer Fee will be stipulated by the relevant Farmer to the Buyer when the Farmer Services are contracted between them via the Website. Buyers wishing to transact with a Farmer are required.
Buyers wishing to transact with a Farmer are required to provide their investment funds into the relevant payment gateway accounts managed by Farmpamoja for such onward payments to the relevant Farmer by the Buyer. All Farmer Fees are paid between users via the Farmpamoja Wallet and our authorised payment gateways, where Farmpamoja is only operating as a limited payment collection intermediary for the users. Notwithstanding this facilitation by Farmpamoja, any payment of a Farmer Fee made between private users via the Website is to be considered a direct payment between the private users. The farmer sells the assets on their farm to the investor via the Farmpamoja platform. The investor owns the assets as they grow in the farmer’s care. Buyers purchasing an investment product from the Farmpamoja App or website make payment via Credit Card, Bank EFT, Instant EFT or debit order options.

RETURNS / REFUNDS POLICY
Charges paid by you for completed and delivered orders are final and non-refundable. The Company has no obligation to provide refunds or credits, but may grant them, in each case in Company’s sole discretion.

FEES OWED TO FARMPAMOJA
Many of the Services are free to use on the Website, but the use of some of the Services requires the payment of a fee to Farmpamoja as a facilitation fee for providing its platform and the Services to users. The Farmer must pay a fee to Farmpamoja when their agricultural asset has been sold (“Facilitation Fee”). The facilitation fee is agreed between Farmpamoja and the farmer at the point of transacting. For further information on the current Services available generally or applicable to you, please contact invest@farmpamoja.com who will gladly assist. To terminate your use of the Services or the Website, please see clause 16 below. Farmpamoja may, from time to time, provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the fees applied to you. All amounts stated shall attract Value Added Tax (“VAT”), but will be exclusive of any other applicable taxes/fees, unless otherwise stated and required by law. Any Farmpamoja Facilitation Fee/s levied by Farmpamoja from the Farmer are final and non-refundable, unless otherwise determined by Farmpamoja in accordance with relevant applicable legislation. All payments of Facilitation Fees, Farmer Fees or otherwise to Farmpamoja are processed through our authorized third-party payment gateway provider. Farmpamoja is committed to providing secure online payment facilities. All transactions, as processed by Farmpamoja’s licenced providers, are encrypted using secure socket layer technology (SSL) and stored with encryption. Users understand that their use of the payment gateways may make them subject to additional terms and conditions of service set by those gateways, which shall be applicable to you, in addition, to these Terms. Farmpamoja reserves the right to establish, remove and/or revise any fees or Facilitation Fee for any or all services obtained through the use of the Services at any time in Farmpamoja’s sole discretion. Farmpamoja will use reasonable efforts to inform you of all charges or fees that may apply to you, provided that you will be responsible for the payment of all fees, charges or Facilitation Fee properly incurred under your Profile. You may contact Farmpamoja via email at invest@farmpamoja.com to obtain a full record of your statement with Farmpamoja or via the App.

WITHDRAWAL
Before Maturity: A User may not withdraw their investment before maturation of the selected investment product. After Maturity: A User may issue a notice to withdraw funds available in their wallet, the wallet comprises both capital and profit. A User may request to withdraw all funds within their wallet or simply an amount specified by the User. Any instance where the User issues notice to Farmpamoja of their intent to withdraw, thirty (30) business days turn-around time is required to process such a request.

REINVEST
Upon any of investment products reaching maturing, the User may reinvest the capital and/or profit into any investment product available on the Farmpamoja App and/or Website. The User shall be granted a period of seven (7) days to complete this process. In the event that the user fails to provide instruction within seven days of the maturity of their investment, Farmpamoja shall automatically reinvest the User’s capital in a similar investment product of similar duration. The profit shall be left in the Users wallet, awaiting instructions from the User.

USER RESPONSIBILITIES AND WARRANTIES

By using the Website and/or the Services, you warrant that:

You have read and agreed to these Terms and will use the Website in accordance with them; You have not made any misrepresentations and the information provided in the registration process is true, accurate and complete; You understand and agree that, as a Buyer using Farmer Services, you are transacting privately with the Farmer and not with Farmpamoja, who operates merely as a limited intermediary to both parties to facilitate their private transactions between them. As such, any dispute or issues with Farmer Services will remain strictly the liability of the Farmer and/or Buyer and not with Farmpamoja; Your use of the Services, Farmer Services and/or your actions or contributions facilitated via the Website are all within your legal right to do so as per any applicable country’s legislation to which you are required to adhere to (such as providing advice which could constitute regulated “financial advice” under your country’s laws to which you are subject), and indemnify Farmpamoja from any liability accrued by virtue of your use of the Website and/or Services and/or actions perpetrated thereon; You will timeously pay any due fees to either or both Farmpamoja and/or another user when required to do so under these Terms; You are the age of majority in your country of residence and/or possess the legal authority and capacity to act on your own and/or on behalf of your employer organisation, and lawfully possess and submit all information to the Website for the use of it or the Services; You will not post, upload, replicate or transmit any abusive content on the Website or to another user that is or could reasonably be considered, in Farmpamoja’s sole discretion, to be threatening, harassing, inappropriate, defamatory, abusive, racist, sexist, discriminatory, in breach of confidence, in breach of privacy or restrict any user in any way from properly using the Website; You will not send any unsolicited electronic messages or use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Website including but not limited to uploading or making available files containing corrupt data or viruses via whatever means or deface, alter or interfere with the front end ‘look and feel’ of the Website or the underlying software code; You will allow Farmpamoja to operate as your limited intermediary in relation to Farmer Services procured or provided between users, on the mandate as detailed herein and/or updated from time to time; You will be liable, to whichever relevant authority, to pay any tax or duty or VAT associated with your receipt of any fees from another user, as is required by the system of law to which you are subject, where Farmpamoja


RECEIPT AND TRANSMISSION OF DATA MESSAGES

Data messages, including email messages, sent by you to Farmpamoja will be considered received only when acknowledged or responded to. Data messages sent by Farmpamoja to you will be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient. Farmpamoja reserves the right not to respond to any email or other data message which contains obscene, threatening, defamatory, or otherwise illegal, unlawful, or inappropriate content, and to take appropriate action against the sender of such email or data message where necessary. Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost, or corrupted. Farmpamoja is therefore not responsible for the accuracy or safety of any message sent by email or automated systems over the internet, whether between Farmpamoja and a user or between users.

HYPERLINKS, DEEP LINKS, FRAMING

The Website may include links to other internet sites (“the other sites”). Farmpamoja does not own or endorse the other sites and is not responsible for the information, material, products, or services contained on or accessible through the other sites. Any such hyperlinks do not imply any endorsement, agreement on, or support of the content or products of such target sites. Farmpamoja does not purport to own the content on other sites which may be shown on the Website. Should the owner of any content showcased on the Website want the content to be removed, please write to invest@farmpamoja.com to request the removal of such content. The user’s access and use of the other sites remain solely at the user’s own risk and on the terms set by the relevant third party.

ADVERTISING AND SPONSORSHIP

The Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in the Website complies with all applicable laws and regulations. Farmpamoja, its shareholders, employees, suppliers, partners, affiliates, and agents accordingly exclude, to the maximum extent permitted in law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.

INTELLECTUAL PROPERTY PROTECTION

All material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, patents, trade-marks, designs, copyright, and/or service marks (as well as the organization and layout of the Website) together with the underlying software code and everything submitted by a user to the Website and Farmpamoja in use of the Services, (“the intellectual property”) are owned (or co-owned or licensed, as the case may be) by Farmpamoja, its shareholders, associates, and/or partners, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights afforded to you in these Terms, all other rights to all intellectual property on the Website are expressly reserved. You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell, or transfer any intellectual property, editorial content, graphics, or other material on the Website or the underlying software code whether in whole or in part, without the written consent of Farmpamoja first being granted, which consent may be refused at the discretion of Farmpamoja. No modification of any intellectual property or editorial content or graphics is permitted. Farmpamoja reserves the right to make improvements or changes to the intellectual property, information, artwork, graphics, and other materials on the Website, including that of a user in their Profile, or to suspend or terminate the Website, at any time without notice; provided that any transactions already concluded through the Website resulting in a Facilitation Fee, or any other fees, will not be affected by such suspension or termination (as the case may be). Where any of the Website intellectual property has been licensed to Farmpamoja or belongs to any third party, other than that which has been submitted by a user to the Website in the use of the Services, all rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time, and you agree to comply with such third party terms and conditions. Subject to adherence to the Terms, Farmpamoja grants to users a personal, non-exclusive, non-assignable, and non-transferable license to use and display all content and information contained in the Website on any machine which the user is the primary user. However, nothing contained on the Website should be construed as granting any license or right to use any intellectual property without the prior written permission of Farmpamoja. Any inquiries regarding any of the above relating to intellectual property must be directed to Farmpamoja at invest@farmpamoja.com.

PRIVACY AND PERSONAL INFORMATION POLICY
INTRODUCTION

Welcome to Farmpamoja’s Privacy and Data Protection Policy (“Privacy Policy”). Farmpamoja respects your privacy and is committed to protecting your personal data. This Privacy Policy will inform you as to how we look after and process your personal data when you provide it to us or when it is collected from you, for example by registering a Profile, signing up for newsletters, when you contract with us, your use of our various services, or when you visit our Website (regardless of where you visit it from). This Privacy Policy serves to tell you about your privacy rights and how the law protects you and your personal information when Farmpamoja processes it. Please ensure that you read all the provisions below, and our other Farmpamoja rules and policies which may apply from time to time and made available to you, to understand all of your, and our, rights and duties. Some terms referred to below are not defined in order, or may be defined in our other applicable rules and policies. Please use the following links to jump to the relevant sections described in this Privacy Policy:
Important information and who we are The data we collect about you How is your personal data collected How we use your personal data Disclosures of your personal data International transfers Data security Data retention Your legal rights Glossary

IMPORTANT INFORMATION AND WHO WE ARE
Purpose of this Privacy Policy This Privacy Policy aims to give you information on how Farmpamoja collects and processes your personal data through any form of your engagement with Farmpamoja such as your engagement with us when contracting with us, use of our online Services, general services, or Website, including any data you may provide through our Website or any of our online platforms or gateways or provide to us generally, in any way whatsoever (such as when attending consultations, contracting with Farmpamoja, participating in surveys, participating in events, or signing up for newsletters). This Privacy Policy complies with, and facilitates the obligations required from, the European Commission’s General Data Protection Regulation, 2016/679 (“GDPR”) as well as the South African Protection of Personal Information Act, No. 4 of 2013 (“POPI”), as amended. It is important that you read this Privacy Policy together with any other privacy policy or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you or any minor or person in your guardianship, so that you are fully aware of how and why we are using your data. This Privacy Policy supplements the other notices and is not intended to override them. We may process personal information of children when a data subject user is below the age of 18 (eighteen), where should the user be such a minor, the minor user warrants that the explicit consent to, and acceptance of, this Policy and our processing has been undertaken by their lawful parent/guardian and with their supervision and assumed liability. We process such personal information of children only with their guardian’s or parents’ explicit consent, in accordance with South African laws requiring us to do so, and also due to the nature of Farmpamoja assisting users/Farmers requiring such information to operate, which you/your parent/your guardian understands and expressly consents to by accepting this Policy. We enforce additional special precautions regarding the safety and integrity of any personal information of children provided to us.

DATA CONTROLLER AND PROCESSOR ROLES

Farmpamoja is the data controller and is responsible for your personal data in instances where we decide the processing operations concerning your personal data. Sometimes we also operate as a processor of personal data on behalf of a third-party data controller, where that data controller’s privacy terms will apply, but we will draw your attention to them when applicable. We have appointed a data representative at Farmpamoja who is responsible for overseeing questions in relation to this Privacy Policy. If you have any questions about this Privacy Policy, including any requests to exercise your legal rights, please contact the representative using the details set out below.

OUR CONTACT DETAILS
Full name of legal entity : SOS FARMS (Pty) Ltd.
Name or title of data representative : sos
Email address invest@livestockwealth.com
Postal address PO Box 56680-00100, Nrb, Kenya
Telephone number + 254 787455836

• You have the right to make a complaint at any time to your territories’ specific Kenya(such as the ⦁ Information Regulator’s Office of Kenya. We would, however, appreciate the chance to deal with your concerns before you approach any such regulator, so please contact us in the first instance.

CHANGES TO THE PRIVACY POLICY AND YOUR DUTY TO INFORM US OF CHANGES

This Privacy Policy version was last updated on 10 May 2024, and historic versions are archived and can be obtained by contacting us. It is important that the personal data we hold about you is accurate and current. You can always update your personal data yourself by changing it on the “My Profile” page of the Website or by contacting us to make the changes for you. Please keep us informed if your personal data changes during your relationship with us.

THIRD-PARTY LINKS ON WEBSITE OR OTHERWISE

The Website may include links to third-party websites, plug-ins, and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements or terms. When you leave our Website or engage with such third parties, we encourage you to read the distinct privacy policy of every third party you engage with.
THE DATA WE COLLECT ABOUT YOU

Personal data, or personal information, means any information about an individual, both natural and juristic entities, from which that entity can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store, and transfer (“process”) different kinds of personal data about you which we have grouped together as follows:

• Identity Data – including first name, maiden name, last name, country of residence, username or similar identifier, title, date of birth, and gender;
• Contact Data – including email address, social media contact details, and telephone numbers;
• Financial Data – including bank account details, third-party payment provider information, and payment card details;
• Transaction Data – including details about payments to and from you, contracts, contractual terms, contract fees, sign-ups, subscriptions, invoices, and other details of products and services you have obtained from us;
• Social Media Data – including all information accessible on your publicly available profile such as images, photos, photo tags, likes, followers, comments, posts, and stories;
• Technical Data – including internet protocol address/es, your login data, browser type and version, time zone setting and location, cookies, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access the Website;
• Profile Data – including your Website username and password, personality traits, Farmer Services on offer, qualifications and background information, preferences, feedback, ratings and reviews, and survey responses;
• Usage Data – including information about how you use our organization, Website, surveys, events, and services; and
• Marketing and Communications Data – including your preferences in receiving notices and marketing from us and our third parties and your communication preferences.

We also collect, use, and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific Website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Policy.
Where we need to collect personal data by law or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with services or allow your access to the Website). In this case, we may have to cancel Website-access or services you have with us, but we will notify you if this is the case at the time.


HOW IS YOUR PERSONAL DATA COLLECTED?

We use different methods to collect data from and about you, including through:

• Direct interactions: You may give us your Identity, Contact, and Financial Data by filling in various Farmpamoja forms, Website forms, or by corresponding with us by post, phone, email, or otherwise. This includes the personal data you provide when you
  • use our Website and/or Services;
  • consult with us;
  • complete forms;
  • sign up for newsletters;
  • interact with us via webinar or social platform group, such as a Facebook group;
  • subscribe to our Services or any publications;
  • provide any services to us as a service provider or independent contractor on contract with us;
  • request information to be sent to you;
  • attend any Farmpamoja event whether online or in-person; or
  • give us some feedback.
• Automated technologies or interactions: As you interact with our Website, we may automatically collect Technical Data about your equipment, browsing actions, and patterns. We may collect this personal data by using cookies, server logs, and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies.
• Third parties or publicly available sources: We may receive personal data about you from various third parties and public sources as set out below:
  • Technical Data from the following parties:
    • analytics such as Google based in the USA;
    • social networks such as Instagram, Facebook, YouTube, Twitter, and LinkedIn based in the USA;
    • survey data such as GOOGLE Forms, Survicate, and Survey Monkey based in the USA;
    • marketing platforms such as AGILE CRM based in the USA; and
    • search information providers such as GOOGLE Search, Microsoft BING based in the USA;
  • Contact, Financial, and Transaction Data from providers of technical, payment, and other services such as Mpesa, Paypal, DPO in Kenya and abroad;
  • Identity, Market Research Data, and Contact Data from publicly available sources such as Google based in the USA.

HOW WE USE YOUR PERSONAL DATA

We will only use your personal data when the law allows us to and for legitimate reasons, which you hereby expressly understand and consent to. Most commonly, we will use your personal data in the following circumstances:

• where we need to consult with you or perform on the engagement we are about to enter into or have entered into with you;
• where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests; and/or
• where we need to comply with a legal or regulatory obligation.

Purposes for which we will use your personal data: We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are, where appropriate. Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.






MARKETING
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. To manifest your rights attached to any marketing sent to you, please use the in-built prompts provided on those communications, or contact us.

Promotional services from us
We may use your Identity, Contact, Technical, Usage, and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which events, services, and offers may be relevant for you (we call this marketing). You will receive marketing communications from us if you have requested information from us, have participated in any Farmpamoja service or event, or if you provided us with your details when registering for a promotion or event and, in each case, you have not opted-out of receiving that marketing.

Third-Party Marketing
Whilst we may use your personal data within our Farmpamoja organization group, we will get your express opt-in consent before we share your personal data publicly with any entity outside the Farmpamoja group of organizations for public purposes.

Opting-Out
You can ask us or third parties to stop sending you marketing messages at any time by logging into the Website and checking or unchecking relevant boxes to adjust your marketing preferences or by following the opt-out links on any marketing message sent to you, or by contacting us at any time. Where you opt-out of receiving these marketing messages, this will not apply to personal data provided to us as a result of your use of the Website, our services, or your participation in any Farmpamoja event.

Change of Purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

Disclosures of your personal data
We may have to share your personal data with the parties set out below for the purposes set out in the table above.

• Internal Third Parties as set out in the Glossary;
• External Third Parties as set out in the Glossary;
• Specific third parties listed in the table above; and/or
• Third parties to whom we may choose to sell, transfer, or merge parts of our organization or our assets. Alternatively, we may seek to acquire other organizations or merge with them. If a change happens to our organization, then the new owners may use your personal data in the same way as set out in this Privacy Policy.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions and standards.
International transfers
We share your personal data within the Farmpamoja group of organizations and affiliates, and this may involve transferring and processing your data outside of Kenya. Whenever we transfer your personal data out of the country, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

• We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission.
• Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe.
• Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between Europe and the US.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of Kenya.

Data security
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used, or accessed in an unauthorized way, altered or disclosed by using a firewall, encryption, and auto-backups stored offsite. In addition, we limit access to your personal data to those employees, agents, contractors, and other third parties who have a legitimate need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
Data security
We will only retain your personal data for as long as necessary to fulfill 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 the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data, any other Kenyan applicable law requiring us to retain the data and whether we can achieve those purposes through other means, and the applicable legal requirements. Details of retention periods for different aspects of your personal data are available from us by contacting us. In some circumstances, you can ask us to delete your data; see below for further information. In some circumstances, we may anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
Your legal rights
Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please contact us to find out more about, or manifest, these rights:

• request access to your personal data;
• request erasure of your personal data;
• request erasure of your personal data;
• object to the processing of your personal data;
• request a restriction of processing your personal data;
• request transfer of your personal data; and/or
• right to withdraw consent.

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive. Alternatively, we may refuse to comply with your request in these circumstances. We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response. We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
Glossary
Lawful Basis

• Legitimate Interest means the interest of our organization in conducting and managing our organization to enable us to give you the best service and the most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate

Your legal rights

You have the right to:
Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it. Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us. Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no valid reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law.

Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be communicated to you, if applicable, at the time of your request. Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms. Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: if you want us to establish the data’s accuracy; where our use of the data is unlawful but you do not want us to erase it; where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or you have objected to our use of your data, but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform on a contract with you. Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain Website access or Services to you. We will advise you if this is the case at the time you withdraw your consent. Please take note that regardless of your right to withdraw consent under the GDPR and POPI, other Kenyan legislation applies and may require that we continue to process your data in order to comply with anti-corruption, crime-fighting and/or other national legislation, which you expressly understand and agree to.

DISCLAIMERS AND WARRANTIES
The Website, including any intellectual property appearing therein, is provided “as is” and “as available”. Farmpamoja makes no representations or warranties, express or implied, including but not limited to warranties as to the accuracy, correctness, or suitability of either the Website, information provided by another user, or the information contained on the Website in any way. All information or opinions of users made available on the Website in relation to any of the Services are those of the authors and not Farmpamoja. While Farmpamoja makes every reasonable effort to present such information accurately and reliably on the Website, Farmpamoja does not endorse, approve, or certify such information, nor guarantee the accuracy or completeness of such information on the Website or from another user. Farmpamoja, its shareholders, employees, and partners, accept no liability whatsoever for any loss, whether direct or indirect, consequential, or arising from information made available on (or by means of) the Website, other users thereon, and/or transactions or actions resulting therefrom. Farmpamoja, its shareholders, employees, partners, and affiliates, accept no liability whatsoever for any costs, expenses, fines, or damages, including but not limited to direct or indirect loss or damages, including any economic loss, consequential loss, loss of profits, or any form of punitive damages, resulting from the facilitation and offering of the Services, and access to, or use of, the Website in any manner. Users from locations outside of Kenya, please note that Farmpamoja complies with all Kenyan laws in representing the Services. Should foreign law be applicable in any regard to your use of the Services and/or the Website in any way, you warrant that you are at all times acting in accordance with the same foreign law, and indemnify Farmpamoja from any liability it may acquire by virtue of its supply of the Website and/or Services. Please contact Farmpamoja at info@farmpamoja.com to engage you on any foreign-law application. Farmpamoja takes reasonable security measures to ensure the safety and integrity of the Website and to exclude viruses, unlawful monitoring, and/or access from the Website. However, Farmpamoja does not warrant or represent that your access to the Website will be uninterrupted or error-free or that any information, data, content, software, or other material accessible through the Website will be free of bugs, viruses, worms, trojan horses, or other harmful components. The user’s access to and use of the Website remain solely at the user’s own risk and the user should take their own precautions accordingly.


INDEMNITIES

The user indemnifies and holds harmless Farmpamoja, shareholders, employees, and partners from any demand, action, regulation or application or other proceedings, including for attorneys’ fees and related costs such as tracing fees, made by any third party and arising out of or in connection with the user’s use of the Website or Services offered or concluded through the Website in any way. The user agrees to indemnify, defend and hold Farmpamoja harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) related to the user’s use of the Website and/or the Service and for breach of these Terms. Farmers specifically indemnify Farmpamoja against any and all claims made by Buyers against Farmpamoja when the dispute is related to Farmer Services provided by the relevant Farmer to the Buyer, as Farmpamoja is not responsible for the private transactions facilitated between Buyers and Farmers as part of the Farmer Services. This clause will survive the termination of this agreement.
 

1. COMPANY INFORMATION
   • Site owner:                                    SOS FARMS (PTY) LTD
   • Company type: Private Company
   • Registration Number: PVT-7LUXVG3V
   • Director: SYDNEY SINO
   • Description of main business: Facilitation of the buying and selling of agricultural products & gemstones
   • Telephone number: +254 787455836
   • E-mail address: invest@farmpamoja.com / info@farmpamoja.com
   • Website address: farmpamoja.com
   • Physical address: Viewpark Towers, Nairobi,              Kenya.
   • Postal address: PO Box 56680-00100, Nairobi,Kenya
   •  

Dispute Resolution and Governing Law

1. The user’s access and/or use of the Website, any downloaded material from it, and the operation of these Terms (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of Kenya only. Disputes between a Farmer and Buyer: Should any dispute, disagreement, or claim arise between users concerning the Farmer Services or services acquired from another user, the users concerned shall endeavor to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind. As this dispute is a private one between two privately transacting parties, the users may decide on their own methods of resolving their dispute, in accordance with all applicable Kenyan law. Farmpamoja is not in any way obligated to become involved in this dispute, but it may, in its discretion, become involved and assist the users in resolving such issues for the interests of all parties, including its own.
2. Disputes between a user and Farmpamoja: Should any dispute, disagreement, or claim arise between a user and Farmpamoja concerning the use of the Website or the Services, these parties shall endeavor to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind. Should these parties fail to resolve such dispute in the aforesaid manner or within such further period as the parties may agree to in their negotiation, the parties will approach an independent industry expert who shall mediate the discussions between them to find a mutually beneficial solution. If the dispute is still not resolved after such mediation, the parties will commence and be party to binding and confidential arbitration in terms of the expedited rules of the Nairobi Centre for International Arbitration  (“NCIA”), with an arbitrator selected by Farmpamoja. Arbitration proceedings shall be conducted in Nairobi, Kenya, in English. Notwithstanding the above, both parties consent to the non-exclusive jurisdiction of the High Court of Kenya, even in the event where the quantum in the dispute may be less than the monetary jurisdiction of that court. Either party may also always use the dispute resolution services of any applicable legislative tribunal or ombud, as provided for in applicable legislation. The parties both agree that in no circumstance will either party publicize the dispute on any social media or other public platforms. The parties understand that any publicity of this nature can cause serious damage to the other party, which damage may result in a financial claim against the infringing party.
3. Termination of Use of Website or Services ; IN ADDITION TO THE RIGHTS ABOVE, FARMPAMOJA RESERVES THE RIGHT TO TERMINATE AND CANCEL YOUR PROFILE AND ACCESS TO THE SERVICES AND/OR WEBSITE IF YOU BREACH ANY OF THE TERMS OR FOR ANY OTHER REASON IN ITS SOLE DISCRETION PROVIDED THAT FARMPAMOJA GIVES REASONABLE NOTICE TO YOU.

 

1. If you wish to terminate the agreement with Farmpamoja or end your use of the Services, you may do so by deregistering your Profile with the Website and discontinuing your use of the Website. The obligations and liabilities of the parties incurred prior to the termination date of the Terms and/or use of the Services shall survive the termination of these Terms for all purposes, including the payment of any Facilitation Fee or Farmer Fee which was due and payable before termination. In the event of the cancellation of your agreement with the Terms and with Farmpamoja, Farmpamoja will remove you from the Website and delete your Profile.
2. 
   Notices and Service Address
   Each of the parties chooses their service address for the purposes of the giving of any notice, the serving of any process, and for any other purposes arising from these Terms as being: in the case of Farmpamoja, at info@farmpamoja.com ; or in the case of the user, at the email and addresses provided by the user to Farmpamoja in the registration process and in a user’s profile. Notwithstanding the above, any notice given in writing in English, and actually received by the party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.
3. 
   General
   This document contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated in clause 1.6 above, no alteration, cancellation, variation of, or addition hereto will be of any force or effect unless reduced to writing and signed by all the parties to these Terms or their duly authorized representatives. No indulgence, leniency or extension of time granted by Farmpamoja shall constitute a waiver of any of Farmpamoja’s rights under these Terms and, accordingly, Farmpamoja shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the user which may have arisen in the past or which might arise in the future. Words importing the singular will include the plural and vice versa. Words importing one gender will include the other genders, and words importing persons will include partnerships, trusts and bodies corporate, and vice versa. The headings to the paragraphs to the Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate. The user’s access and/or use of the Website and/or the Services, any downloaded material from it and the operation of these Terms (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of Kenya. Should you have any complaints or queries, kindly address an email to [email] advising Farmpamoja of same. In the event of the user failing to pay any amount timeously or breaching these Terms, the User shall be liable for all legal costs (on the scale as between attorney and client) (including collection commission) which may be incurred by Farmpamoja in relation to the payment failure or breach. Each sentence, paragraph, term, clause and provision of these Terms and any portion thereof shall be considered severable and if, for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto. No term or condition of these Terms is intended to breach any peremptory provisions of any consumer protection legislation and any regulations thereto (“Prohibited Provision“). Any breach of any such Prohibited Provision shall be governed by the provisions of clause 18.8.