Privacy Policy

1. Who we are and what this policy covers

1.1 Who we are

Urban Market is an online marketplace that lets shoppers in Kenya buy from independent shops in a single basket, with delivery by TumaBoda. Urban Market is operated by Urge Ventures, of Nairobi, Kenya (“Urban Market”, “we”, “us” or “our”).

For the personal data described in this policy, Urban Market is the data controller within the meaning of the Data Protection Act, 2019 (“the Act”).

1.2 What this policy covers

This policy applies to personal data we process when you:

• visit or use the Urban Market website and any Urban Market app (together, “the Platform”);
• browse, create an account, place an order, pay, follow an order or ask for help;
• talk to Anita, our AI shopping assistant;
• apply to sell on Urban Market, or run a shop, a listing or an advertisement on it;
• contact us by phone, SMS, WhatsApp, email or social media.

1.3 Who else handles your data

Urban Market is a marketplace, so more than one organisation is involved in an order:

• Sellers are independent businesses. When you buy from a shop, that shop receives the details it needs to prepare your order and becomes a separate data controller for them. Each seller is responsible for its own handling of your data under the Act.
• TumaBoda (Tuma Boda Limited) is an independent courier that carries out delivery. It receives the details its rider needs to collect and deliver your order, and processes them under its own privacy policy.
• Payment service providers process your payment and hold your payment credentials. They are licensed separately and process that data under their own terms.

This policy explains what we do. Where a seller, TumaBoda or a payment provider acts as its own controller, its own policy applies to what it does.

1.4 Acceptance and language

By using the Platform you acknowledge that you have read this policy. Where we rely on your consent for a particular use, we ask for it separately and you can withdraw it at any time (see section 12). This policy is written in English. If we publish a translation and the two differ, the English version applies.

2. The personal data we collect

2.1 Identity and contact details

• Your name, phone number and, if you give it, your email address.
• A second phone number for the person receiving the order, if it is not you.
• Account credentials, if you create an account (we store passwords only in hashed form).

2.2 Delivery and location details

Kenyan addresses are rarely street addresses, so we collect what a rider actually needs:

• the area or estate you are delivering to (for example, “Kilimani, Nairobi”);
• a landmark and any directions you type, such as a gate colour or a building name;
• a map pin, if you drop one or allow your phone to share its location;
• delivery instructions you give us.

We only use your device’s precise location when you choose to share it. See section 16.

2.3 Orders and transactions

• What you ordered, from which shops, quantities, prices, delivery fee, totals and any discount.
• Order status, delivery confirmation, cancellations, returns, refunds and complaints.

2.4 Payment information

You pay by mobile money or card through licensed payment service providers. We receive:

• the mobile money number used to pay, the amount and the provider’s transaction reference;
• for card payments, the card type, the last four digits and the outcome of the payment.

We never receive or store your full card number, card security code or mobile money PIN. Those are entered directly with the payment provider. See section 18.

2.5 Age confirmation for restricted products

To buy alcohol you must be 18 or over. When you add a restricted product, we ask for your date of birth. That confirmation is stored on your own device, so you are not asked again; it is not proof of age, and the rider will check a physical ID at the door. We do not photograph, scan or copy your ID.

2.6 Conversations with Anita

When you use Anita, we process the questions you type and the answers she gives, together with the products she suggests and anything you add to your basket from the conversation. If you tell Anita a preference — a size, a budget, a brand you like — she may remember it for next time, linked to an anonymous ID stored on your device rather than to your name. See section 6 for how this is handled.

2.7 Seller and business information

If you apply to sell or advertise on Urban Market, we also collect:

• the business name, trading area, departments and a contact person’s name and phone number;
• the mobile money number or bank details the business is paid on;
• the business’s KRA PIN, which is required before the first payout;
• licences relevant to what the business sells (for example, an alcohol or pharmacy licence);
• product listings, prices, photographs and any price list you paste in to create listings;
• sales, payouts, advertising purchases and performance data for the shop.

2.8 Device, usage and technical data

• Device type, operating system, browser and screen size; IP address and approximate region derived from it.
• Pages viewed, searches, products opened, and the date and time of visits.
• Error logs and diagnostic data that help us find and fix faults.
• Preferences stored on your device, such as your delivery area and light or dark theme (see section 15).

2.9 Communications and support

Messages and call records when you contact us, the content of complaints and our replies, and feedback you give us.

2.10 Health-related information

Buying from a pharmacy can reveal information about your health, which the Act treats as sensitive personal data. If you upload a prescription or buy medicines, we process that information only to fulfil the order and meet legal requirements, and apply the extra safeguards in section 20.

2.11 Reviews

The Platform does not currently publish ratings or reviews. If we introduce them, we will update this policy before any review is collected.

3. How we collect it

3.1 From you

When you fill in a form, place an order, message Anita or our team, or set up a shop.

3.2 Automatically

From your device and browser as you use the Platform, including the on-device storage described in section 15.

3.3 From others

• Sellers — order preparation status, and whether an item is available.
• TumaBoda — rider assignment, collection, delivery progress and handover confirmation.
• Payment service providers — whether a payment succeeded, and its reference.
• Someone who orders for you — if a friend sends a delivery to you, they will give us your name, phone number and location. They must have your permission to do so.

4. How we use your personal data

4.1 To run the marketplace

• Show you products, prices and delivery costs for your area.
• Take your order, pass it to the right shops and arrange one delivery across them.
• Take payment on the sellers’ behalf and pay each seller what it is owed.
• Send order updates and receipts.
• Handle cancellations, returns, refunds and complaints.

4.2 To keep people safe and prevent misuse

• Enforce the age restriction on alcohol and the prescription rules on medicines.
• Detect and prevent fraud, payment abuse, fake accounts and misuse of promotions.
• Protect riders, sellers and shoppers, and investigate incidents.

4.3 To improve the Platform

Understand how the Platform is used, fix faults, measure delivery performance and improve search, Anita’s answers and the checkout. Wherever we can, we do this with aggregated or de-identified data rather than data about you.

4.4 To communicate with you

Service messages you cannot opt out of while you have an order in progress (order, payment and delivery updates), and marketing messages only where you have agreed to them (see section 19).

4.5 To meet our legal obligations

Keep tax and accounting records, respond to lawful requests from authorities, and comply with the laws that apply to selling age-restricted products and medicines.

5. Our lawful basis for each use

The Act only allows us to process personal data where we have a lawful basis. We rely on:

6. Anita, our AI shopping assistant

6.1 Anita is not a person

Anita is an automated assistant. Her answers are generated by software, not written by a member of staff. We say so wherever she appears. If you want to speak to a person, ask Anita or contact us directly (see section 25).

6.2 What Anita uses

To answer you, Anita uses what you type, the current product catalogue, prices and stock, your delivery area, and what is in your basket. She does not have access to your payment details.

6.3 Who processes the conversation

Anita’s answers are produced by third-party AI models, which we reach through an AI service provider. To answer you, the text of your messages — and any photo or document you choose to attach — is sent to that provider and may be processed outside Kenya, under section 9.2. Your payment details are never part of it: Anita does not have them.

6.4 What we do not do with it

• We do not use your conversations to build an advertising profile of you.
• We do not sell or share your conversations with sellers or advertisers.
• Anita does not make decisions about you that have legal or similarly significant effects.

6.5 Please do not share sensitive details

Anita does not need your ID number, card details, PIN or medical history to help you shop. Please do not type them into the conversation.

6.6 Retention

Conversations are kept for the period in section 11, then deleted or de-identified.

7. Who we share your data with

We do not sell your personal data. We share it only as described here, and only what each recipient needs.

7.1 The shops you buy from

Your name, the items ordered, any order notes, and, where the shop needs to contact you about the order, your phone number. Shops do not receive your payment details.

7.2 TumaBoda and its riders

The rider receives the name and phone number of the person receiving the order, the delivery location, landmark, pin and instructions, and which shops to collect from. The rider does not see what you paid or how. Riders can call or message you through the Platform during an active delivery.

7.3 Payment service providers

Licensed mobile money operators and card processors receive what they need to process your payment and to prevent fraud.

7.4 Service providers who work for us

Companies that host the Platform, send SMS and email, provide customer support tools, or help us detect fraud. They act on our instructions under written contracts, and may not use your data for their own purposes.

7.5 Advisers and authorities

Our lawyers, auditors and insurers where necessary; and regulators, courts, the police or other authorities where the law requires it, or where needed to protect someone’s safety or to establish or defend a legal claim.

7.6 If the business changes hands

If Urban Market is sold, merged or restructured, personal data may transfer to the new owner, who must continue to protect it in line with this policy. We will tell you before that happens.

7.7 Aggregated information

We may share statistics that do not identify anyone — for example, how many orders a department received in a month — with sellers, partners or investors.

8. Advertising and sponsored placements

Businesses can pay for banners, featured shop slots and sponsored listings on Urban Market. Every paid placement is labelled as an advertisement where it appears.

• Advertisers do not receive your personal data. They receive aggregated results, such as how many people viewed or opened their placement.
• Sponsored placements are currently the same for everyone in an area. They are not personalised using your browsing or purchase history.
• We do not allow third-party advertising trackers on the Platform.
• If we ever introduce personalised advertising, we will ask for your consent first and let you refuse without losing access to the Platform.

9. Where your data is stored and transferred

9.1 Storage location

Your personal data is stored on servers operated by our hosting providers, which may be located outside Kenya. Where they are, section 9.2 applies.

9.2 Transfers outside Kenya

Where personal data is transferred outside Kenya, we do so only as the Act permits — where we can show that appropriate safeguards are in place (such as a written contract requiring the recipient to protect the data to the standard of the Act), or where another condition in the Act applies. You can ask us for details of the safeguards for any transfer.

9.3 Sensitive personal data

We do not transfer sensitive personal data, including health information, outside Kenya unless the Act permits it and the additional conditions it sets for such transfers are met.

10. How we protect your data

10.1 Technical safeguards

• Encryption of data in transit (HTTPS).
• Passwords stored only as salted hashes; one-time codes that expire.
• Access to personal data limited to the people who need it.
• Payment credentials handled only by licensed payment providers, never by our servers.

10.2 Organisational safeguards

• Staff and contractors with access to personal data are bound by confidentiality obligations.
• Data protection is considered when we design new features, and we assess risk before launching anything that processes sensitive data at scale.

10.3 If something goes wrong

If a personal data breach is likely to put your rights at risk, we will notify the Data Protection Commissioner within 72 hours of becoming aware of it, as the Act requires, and tell you without undue delay if there is a high risk to you, with what happened and what you can do.

10.4 What you can do

Keep your phone and account secure, and be wary of anyone asking for your PIN. Urban Market will never ask for your mobile money PIN or full card number by phone, SMS or chat.

11. How long we keep it

We keep personal data only as long as we need it for the purposes above, or as long as the law requires. After that we delete it or make it anonymous.

Where we must keep a record longer — for example because of a dispute or a legal hold — we keep it only for that purpose and only until it is resolved.

12. Your rights

Under the Act you have the right to:

12.1 Be informed

Know how your personal data is used — which is what this policy is for.

12.2 Access

Ask for a copy of the personal data we hold about you.

12.3 Correction

Ask us to correct data that is inaccurate, out of date or incomplete.

12.4 Deletion

Ask us to delete personal data we no longer have a reason to keep. Some records, such as completed transactions, must be kept for the periods the law requires; we will tell you if that applies. To close your account, see Delete your account.

12.5 Objection and restriction

Object to processing we carry out on the basis of legitimate interests, and ask us to limit how we use your data while a complaint is looked into.

12.6 Portability

Receive the data you gave us in a structured, commonly used, machine-readable format, or have it sent to another organisation where that is technically possible.

12.7 Withdraw consent

Withdraw any consent you have given, at any time. This does not affect processing already carried out.

12.8 Not be subject to solely automated decisions

Not be subject to a decision based solely on automated processing that produces legal or similarly significant effects on you. See section 21.

12.9 Complain

Complain to the Office of the Data Protection Commissioner (see section 24).

13. How to use your rights

• Contact us using the details in section 25, saying which right you want to use.
• We will need to confirm your identity — usually by a code sent to the phone number on your orders — before we act, so that nobody else can obtain your data.
• We respond within the time the Act and the Data Protection (General) Regulations, 2021 allow, and will tell you if we need more time and why.
• Using your rights is free. We may refuse, or charge a reasonable fee, only where a request is manifestly unfounded or excessive, and will explain why.

14. Sellers’ handling of your data

Sellers may only use the details they receive through Urban Market to fulfil your order and meet their legal obligations. They may not use them to market to you, add you to lists or contact you about anything else, unless you separately agree with them directly. If you believe a seller has misused your data, tell us — it is a breach of our seller terms and we will act on it.

15. Cookies and on-device storage

15.1 What we store on your device

The Platform uses your browser’s storage to work properly. Today it stores:

These are strictly necessary for the Platform to work, or remember a choice you made, so they do not require consent.

15.2 Analytics and advertising cookies

We do not currently use third-party analytics or advertising cookies. If we introduce analytics, we will update this section first and, where the law requires, ask for your consent.

15.3 Managing storage

You can clear this data at any time in your browser settings. The Platform will still work, but your basket, saved items and preferences will be lost. See the Cookie Policy for the full list.

16. Location data

16.1 What we use

The area you choose, a landmark you type, and — only if you choose to share it — a precise pin from your device.

16.2 Why

To show what can be delivered to you and at what cost, and to get a rider to the right door.

16.3 Permissions

Your device asks before sharing precise location, and you can refuse or turn it off in your settings. Refusing does not stop you ordering — type a landmark instead.

16.4 We do not track you

We do not collect your location in the background or when you are not placing or tracking an order.

17. SMS, calls and notifications

• Service messages — order confirmation, delivery updates and receipts — may be sent by SMS. These are part of the service.
• One-time codes verify your phone number when you open a seller account or ask to use your privacy rights. They expire after a single use.
• Rider contact — during an active delivery the rider can call or message you so they can find you.
• Marketing messages are sent only if you opt in. See section 19.

18. Payment information

18.1 How you pay

Mobile money or card, through licensed payment service providers. There is no cash on delivery.

18.2 What we hold

The amount, method, provider reference, the mobile money number used and, for cards, the card type and last four digits — enough to match a payment to an order, issue a refund and keep tax records.

18.3 What we never hold

Your full card number, security code, or mobile money PIN.

18.4 Payouts to sellers

Seller payout details are used only to pay the seller, and are visible only to staff who handle payments.

19. Marketing

• We send promotional SMS, WhatsApp messages or email only if you have agreed to receive them.
• Every marketing message tells you how to stop them, and stopping is free.
• Opting out of marketing does not stop service messages about an order in progress.
• We do not pass your details to other businesses for their marketing.

20. Age-restricted products, children and health data

20.1 The Platform is for adults

You must be 18 or over to create an account or place an order. We do not knowingly collect personal data from children. If you believe a child has given us personal data, contact us and we will delete it.

20.2 Alcohol

Alcohol is sold only to people aged 18 and over. The date-of-birth check on the Platform is a declaration, not proof: the rider checks a physical ID at handover and will not hand over the order without it.

20.3 Medicines and health information

• Pharmacy products are sold by licensed pharmacies. Prescription-only medicines are dispensed only against a valid prescription, reviewed by the pharmacy.
• Prescriptions and health-related order details are visible only to the dispensing pharmacy and to the minimum number of Urban Market staff needed to support the order.
• They are never used for marketing, never shared with advertisers, and never used to train Anita.
• Riders see a sealed order, not its contents.

21. Automated processing

21.1 Where we use it

• Calculating delivery fees and estimated times from your area and basket.
• Routing one rider across several shops.
• Flagging transactions that look fraudulent.
• Anita’s product suggestions.

21.2 Human review

None of these makes a final decision with a legal or similarly significant effect on you without a person being able to review it. If a payment or account is blocked because of an automated fraud flag, you can ask for a person to review it.

22. Sellers and business users

22.1 Business data

Information about a shop itself — its listings, prices and sales — is business information, not personal data, except where it identifies an individual such as a sole trader or the contact person.

22.2 Verification

We verify seller details, including the KRA PIN and relevant licences, to keep the marketplace safe and meet our obligations. We may check these against official records.

22.3 Sellers as controllers

Sellers who receive shopper data through Urban Market must handle it in line with the Act and our seller terms, and must register with the Data Protection Commissioner where the Act requires.

23. Changes to this policy

• We may update this policy when our services or the law change. The version number and date at the top will change with it.
• If a change materially affects how we use your data, we will tell you by SMS, email or a notice on the Platform before it takes effect.
• Where a change requires your consent, we will ask for it rather than assume it.

24. Complaints

24.1 Tell us first

If you are unhappy with how we have handled your personal data, please contact us first (section 25). We will acknowledge your complaint promptly, investigate it and give you a written response.

24.2 The Data Protection Commissioner

You have the right to complain to the Office of the Data Protection Commissioner at any time, whether or not you have contacted us first. Its website is www.odpc.go.ke.

24.3 No penalty for complaining

Using your rights or making a complaint will never affect how we treat you as a shopper or seller.

25. Contact us