ElementPay Privacy Policy

Introduction

Safeguarding your personal information and ensuring compliance with applicable legal frameworks are paramount to ElementPay. This Revised Privacy Policy outlines how ElementPay, operating as a Virtual Asset Service Provider (VASP), handles data collection, usage, and protection in accordance with Kenyan law.

For clarity, all mentions of ElementPay refer to elementpay.info@gmail.com and the ElementPay platform. Our platform offers innovative fintech solutions for streamlined payments and financial services within the virtual asset ecosystem.

By accessing and utilizing ElementPay, you explicitly agree to the data practices detailed herein, which have been updated to reflect the evolving regulatory landscape in Kenya.

1. Collection of Your Personal Information

ElementPay, in its capacity as a VASP, is mandated to adhere to stringent regulatory requirements, including those pertaining to Anti-Money Laundering (AML) and Counter-Terrorism Financing (CTF). Consequently, the collection of certain personal information is a legal imperative to ensure the integrity and security of our platform and to prevent illicit financial activities.

1.1 Information We Collect Directly

In compliance with the Virtual Asset Service Providers Bill, 2025 and other relevant Kenyan legislation, ElementPay is required to collect and process personal information from its users. This direct collection is essential for fulfilling our statutory obligations, including Know Your Customer (KYC) and Customer Due Diligence (CDD) procedures.

The specific categories of personal data collected may include, but are not limited to:

• •
  Identification Information: Full legal name, date of birth, nationality, gender, and unique identification numbers (e.g., National ID, Passport number).
• •
  Contact Information: Residential address, email address, and telephone number.
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  Financial Information: Source of funds, transaction history, and other relevant financial data necessary for AML/CTF compliance.
• •
  Biometric Data: Where permissible by law and with explicit consent, biometric data may be collected for enhanced identity verification.

1.2 Information Collected During Wallet Connection and Transactional Activities

When you connect your cryptocurrency wallet to ElementPay and engage in transactional activities, the following information is automatically shared with or generated by our platform:

• a.
  Public Wallet Address: Your public wallet address is received to facilitate and record transactions on the blockchain network.
• b.
  Transaction Data: Information pertinent to transactions executed through the platform, such as transaction amounts, timestamps, recipient addresses, and associated metadata.
• c.
  Device and Usage Information: Non-personal data, including IP addresses, device type, operating system, browser version, and interaction logs.

1.3 Information Collected Through KYC Verification

ElementPay is now legally obligated to conduct Know Your Customer (KYC) verification for all users. This requirement stems directly from the VASP Bill, 2025, and the Proceeds of Crime and Anti-Money Laundering Act, 2009 (POCAMLA). KYC procedures are integral to our AML/CTF framework and are designed to:

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  Verify the identity of our users.
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  Assess and mitigate risks associated with money laundering, terrorism financing, and other financial crimes.
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  Comply with national and international regulatory standards.

1.4 Non-Personal Information

ElementPay may collect non-personal information, such as aggregated or anonymized data, which does not directly identify any individual. This information may include general usage patterns, market trends, and statistical insights into platform utilization.

1.5 Transaction Information Retention

In the course of providing our services, ElementPay is legally required to retain comprehensive information related to transactions, including details pertaining to the sender and recipient. This information is retained to fulfill our legal and regulatory obligations, facilitate transaction tracking, ensure service transparency, and support potential investigations by competent authorities.

2. Sharing Information with Third Parties

ElementPay is committed to safeguarding your personal information. We do not sell, rent, or lease your personal information to third parties for their independent marketing purposes. Our platform is designed to prioritize your privacy, ensuring that your data is handled securely and confidentially, in full compliance with the Data Protection Act and other applicable laws.

We may engage trusted third-party service providers to facilitate various aspects of our operations, including identity verification (KYC/CDD), transaction processing, data storage, and cybersecurity. These partners are meticulously selected and are contractually bound to use your information solely for the provision of the agreed-upon services.

ElementPay will only disclose your information to third parties if legally required or in good faith, believing that such action is necessary to:

• a.
  Comply with a legal obligation, court order, or governmental request.
• b.
  Protect the rights, property, or safety of ElementPay, its users, or the public.
• c.
  Enforce our terms of service or other agreements.
• d.
  Facilitate investigations into suspected illicit activities.

3. Security of Your Information

At ElementPay, we are dedicated to ensuring the robust security of your interactions and personal information processed through our platform. We implement a comprehensive suite of technical and organizational security measures designed to protect personal data from unauthorized access, alteration, disclosure, or destruction.

These measures include, but are not limited to, industry-standard encryption protocols, secure server infrastructure, access controls, and regular security audits. However, it is imperative to acknowledge that no method of transmission over the internet or electronic storage is entirely infallible.

Your Responsibilities:

• a.
  Wallet Security: You bear primary responsibility for the security of your cryptocurrency wallet and any associated credentials. Maintain the confidentiality of your wallet details and implement robust security practices.
• b.
  Device Security: You are responsible for safeguarding your personal devices and any access points to your cryptocurrency wallet from unauthorized use.

4. Your Personal Rights (Data Subject Rights)

ElementPay recognizes and upholds the fundamental rights of data subjects as enshrined in the Data Protection Act, 2019. As a data controller, ElementPay is committed to facilitating the exercise of these rights. Your rights include:

• a.
  Right to Information: You have the right to be informed about the collection and use of your personal data.
• b.
  Right of Access: You have the right to request access to your personal data held by ElementPay.
• c.
  Right to Rectification: You have the right to request the correction of inaccurate or incomplete personal data.
• d.
  Right to Erasure: You have the right to request the deletion of your personal data where appropriate.
• e.
  Right to Restriction of Processing: You have the right to request the restriction of processing in certain circumstances.
• f.
  Right to Data Portability: You have the right to obtain and reuse your personal data for your own purposes.
• g.
  Right to Object: You have the right to object to the processing of your personal data in certain situations.
• h.
  Rights in Relation to Automated Decision Making: You have the right not to be subject to decisions based solely on automated processing.

4.1 Exercising Your Rights

To exercise any of your data subject rights, or if you have any inquiries regarding the processing of your personal data, please contact ElementPay at elementpay.info@gmail.com. ElementPay will respond to your request within the timeframes stipulated by the Data Protection Act.

5. Retention of Your Information

ElementPay retains personal data for as long as necessary to fulfill the purposes for which it was collected, including satisfying any legal, accounting, or reporting requirements. Our data retention policies are meticulously designed to comply with the Data Protection Act, the VASP Bill, and other relevant Kenyan laws.

Upon the expiration of the applicable retention period, or when personal data is no longer required for the purposes for which it was collected, ElementPay will securely delete or anonymize such data in accordance with industry best practices and legal mandates.

6. Third-Party Applications and Services

6.1 Interaction with Third-Party Providers

ElementPay's services may integrate with or involve the use of third-party applications or services that may collect personal information and utilize cookies or similar tracking technologies. While these third-party providers operate independently, ElementPay exercises due diligence in collaborating only with entities that demonstrate adherence to relevant data protection laws and industry standards.

6.2 Data Collection by Third Parties

When you interact with third-party services via the ElementPay platform, these parties may request and collect personal information. It is crucial to understand that such data is processed by the respective third party, and not directly by ElementPay, unless explicitly stated otherwise.

6.3 Cookies and Tracking Technologies

Third-party applications and services integrated with ElementPay may deploy cookies, web beacons, or other tracking technologies to collect data concerning your online activities. You retain control over your cookie preferences through your web browser settings.

6.4 Sharing Information with Third Parties

To facilitate the provision of our services, ElementPay may share limited, non-sensitive information, such as public wallet addresses or transaction reference codes, with third-party providers. However, any personal data directly collected and processed by these third parties is governed by their respective privacy policies.

6.5 Responsibility to Review Third-Party Policies

It is your sole responsibility to review and understand the privacy practices of any third-party services you engage with through the ElementPay platform. Should you have concerns regarding the manner in which your information is utilized by such third parties, we recommend that you contact them directly.

7. Children's Privacy

ElementPay's services are not directed at individuals under the age of eighteen (18) years. We do not knowingly collect personal information from children. If we become aware that we have inadvertently collected personal data from a child without parental consent, we will take immediate steps to delete such information from our records.

If you believe that a child has provided us with personal data, please contact us at elementpay.info@gmail.com.

8. Changes to This Privacy Policy

ElementPay reserves the right to update or modify this Privacy Policy at any time to reflect changes in our practices, legal obligations, or the regulatory environment. Any revisions will be effective immediately upon posting the updated policy on our platform.

We encourage you to periodically review this Privacy Policy to stay informed about how ElementPay is protecting your information. Your continued use of the ElementPay platform following the posting of changes constitutes your acceptance of such changes.

9. Contact Information

For any questions, concerns, or requests pertaining to this Privacy Policy or ElementPay's data practices, please contact our Data Protection Officer at:

Email: elementpay.info@gmail.com