Privacy Policy & Terms of Service

AA Kenya PLC ("the Company," "we," "us," or "our") is a Public Limited Company incorporated in the Republic of Kenya (Registration No: PLC-R2SZ9A) with its registered office at Renaissance Corporate Park, Upperhill, P.O. Box 40087, Nairobi.

This Privacy Policy details our commitment to lawful processing under the Data Protection Act, 2019 and explicitly operationalizes the strict statutory requirements of the three pillars of Kenyan data subsidiary legislation: the Data Protection (General) Regulations, 2021, the Data Protection (Registration of Data Controllers and Data Processors) Regulations, 2021, and the Data Protection (Complaints Handling and Enforcement Procedures) Regulations, 2021.

Scope: Covered Channels and Services

This Privacy Policy applies universally to all data subjects whose personal data is collected, stored, or processed via the following physical, digital, and operational touchpoints across the Company:

• Digital Channels: The Company website (www.aakenya.co.ke), online self-service member portals, proprietary mobile applications, and USSD interactive systems.
• Physical Infrastructure: All regional physical branches, service centres, and designated motor vehicle inspection stations.
• Operational & Educational Streams: On-ground roadside assistance operations, driving school enrolments and local examination services, International Driving Permit (IDP) processing, Fédération Internationale de l'Automobile (FIA) documentation, fleet management solutions, and insurance facilitation services.
• Direct Communications: All inbound and outbound telephone calls, corporate email correspondence, and in-person customer experience team interactions.

Regulatory Compliance Framework

A. Compliance with the Registration Regulations, 2021

In strict adherence to the Data Protection (Registration of Data Controllers and Data Processors) Regulations, 2021, the Company maintains active verification as a corporate data handler under Registration Certificate No. 206-7513-A5DB.

• Capacity Allocation: We act primarily as a Data Controller for our consumer products. Where we provision localized telemetry infrastructure or corporate fleet analytics for enterprise B2B partners, we satisfy distinct operations as a Data Processor under strict Service Level Agreements (SLAs) and Memorandum of Understanding (MOUs).
• Statutory Validity: Our corporate data handler certificate is systematically renewed every twenty-four (24) months in accordance with Regulation 9. Any material change to our data taxonomy, processing infrastructure, or corporate governance structure is filed with the Data Commissioner within fourteen (14) days to maintain register integrity.

B. Compliance with the General Regulations, 2021

To give complete administrative and structural effect to the General Regulations (2021), the Company integrates data protection by design and by default into its systems ecosystem:

• Commercial Use Restrictions (Reg 14): We enforce a strict opt-in architecture. Your personal data is never utilized for direct marketing, third-party promotional campaigns, or value-added services (such as insurance quotes or driving school enrollment alerts) unless you provide explicit, unambiguous written or digital consent. All marketing outputs include an immediate, free-of-charge 'Opt-Out' or unsubscribe toggle.
• Data Protection Impact Assessments (DPIA): Pursuant to Section 31 of the Act, we conduct formal, documented DPIAs before launching any new high-risk platform, product variant, automated profiling framework, or tracking software used for real-time emergency roadside dispatches.
• 72-Hour Breach Notification Protocol (Reg 37): In the event of a technical data breach or security compromise that impacts our storage repositories, our internal Incident Response Team is mandated to report the event to the Office of the Data Protection Commissioner (ODPC) within 72 hours of verification. If the incident exposes sensitive data posing a high risk to your identity or financial security, we will notify you immediately via direct communication.

Personal Data Categories and Lawful Processing Matrices

We classify and legally justify the data we collect across our operational channels under the following structured matrix:

Operationalizing Your Statutory Rights as a Kenyan Data Subject

The subsidiary General Regulations (2021) afford you explicit statutory powers over your data. You may enforce these rights via the communication channels listed in Section 5:

• Right of Access (Reg 8): You possess the right to demand a formal summary and copy of all membership lifecycle histories, registered vehicle profiles, driving school report tallies, or billing items linked to your profile. We satisfy verified requests free of charge within statutory timelines.
• Right to Rectification & Erasure (Reg 11 & 12): You have the right to modify out-of-date records or order the complete erasure of your platform histories, provided the retention of such information is not bound by overriding taxation frameworks or financial audit requirements.
• Right to Data Portability (Reg 13): You may demand that your vehicle evaluation indexes, driving school performance reports, or corporate profile maps be package-transferred to you or another service provider in a structured, electronic, machine-readable format.

Complaints Handling and Enforcement Procedures

In accordance with the Data Protection (Complaints Handling and Enforcement Procedures) Regulations, 2021, the Company provides a multi-tiered grievance path to resolve any data privacy disputes immediately:

Tier 1: Internal Escalation Architecture

If you believe your information privacy has been compromised across any of our web channels, apps, physical stations, or roadside operations, you must file a formal complaint with our Data Protection Officer:

Upon receiving your formal complaint, our DPO will issue an official acknowledgment within forty-eight (48) hours, initiate an internal technical and legal review, and convey a comprehensive written determination along with any necessary remedy measures within fourteen (14) days.

Tier 2: External Escalation to the ODPC

If our internal remedial resolutions do not satisfy your claim, or if the infraction remains active, you retain the statutory right under Regulation 4 to lodge a formal external complaint with the regulatory authority:

Continuous Governance & Maintenance

AA Kenya PLC systematically reviews and updates this Privacy Policy to ensure alignment with active legal positions and technological updates. Substantive iterations will be broadcasted to data subjects via explicit system banners on our digital member portals and official communication handles.

Acceptance of Terms

By clicking "I Agree" or by completing a transaction on the AA Kenya PLC web portal, you acknowledge that you have read, understood, and agreed to be bound by these Terms and Conditions. If you do not agree, please do not proceed with the online payment.

Electronic Communications

You agree that all agreements, notices, and other communications provided to you electronically satisfy any legal requirement that such communications be in writing.

Confirmation of your transaction will be sent to the email address provided during the checkout process.

Payment Security & Data Privacy

International Transactions (IDP & FIA)

Exchange Rates: For customers using international cards, the final amount debited may vary slightly from the checkout total due to currency conversion rates applied by your issuing bank.

Geographic Scope: These services are specifically tailored for Kenyan residents or those authorized under FIA regulations to obtain documents through AA Kenya PLC.

Digital Refund Policy

• Request Process: Refund requests must be submitted in writing to aak@aakenya.co.ke within 48 hours of the transaction.
• Processing Fee: AA Kenya PLC reserves the right to deduct a 3% administrative / bank processing fee from any approved refund to cover gateway costs.
• Non-Eligibility: Refunds will not be issued once a digital IDP application has been "Approved" or "Dispatched" in our system.

Limitation of Liability

AA Kenya PLC shall not be liable for any damages resulting from:

• Technical failures of the internet or your service provider.
• Unauthorized access to your personal device used to complete the transaction.
• Delays in document delivery caused by incorrect address entry at checkout.

Welcome to AA Kenya PLC ("the Company," "we," "us," or "our").

These General Terms and Conditions ("Terms") constitute a legally binding agreement between you ("the Member," "the Customer," "the Student," or "the User") and AA Kenya PLC, a Public Limited Company incorporated under the laws of the Republic of Kenya, with its registered offices at Renaissance Corporate Park, Upperhill, P.O. Box 40087, Nairobi.

By accessing our website (www.aakenya.co.ke), member portals, mobile applications, USSD short codes, or engaging with our physical branches, driving schools, vehicle inspection centers, insurance facilitation channels, or emergency roadside operations, you acknowledge that you have read, understood, and agree to be bound by these Terms.

Definitions and Interpretation

"Services" refers broadly to all business solutions provided by the Company, including but not limited to Motoring, Membership subscriptions, Emergency Roadside Assistance, Driving School tuition and exam facilitation, International Driving Permits (IDPs), FIA, Carnet de Passages en Douane, Motor Vehicle Inspection/Valuation, and Fleet tracking or Insurance facilitation services.

"Media and Channels" means any medium through which you access the Company's services, encompassing digital portals, web platforms, mobile apps, USSD short codes, voice calls, text messages, emails, and physical service centers.

"Data Protection Laws" means the Constitution of Kenya (Article 31), the Data Protection Act, 2019, and all auxiliary Regulations enacted under Kenyan law.

Scope and Service-Specific Applicability

These Terms apply uniformly across all business verticals. However, specific services feature secondary operational guidelines that read alongside this document:

A. Motoring Membership and Subscription Services

Membership packages are strictly personal or fleet-bound as per the tier selected. Roadside assistance benefits, emergency medical rescue dispatches, and technical towing allowances are non-transferable to non-registered vehicles or unauthorized operators. Subscriptions are billed on an annual recurring basis unless terminated in writing thirty (30) days prior to renewal.

B. Driving School Enrolments and Examination Services

All student admissions require precise, true registration documentation. Class schedules, practical instructor slots, and external National Transport and Safety Authority (NTSA) examination bookings are conditional upon fee clearances. Tuition fee schedules are non-refundable and expire if classes are not attended within the specified semester timeline.

C. International Documentation & Permits (IDP/FIA)

The provisioning of International Driving Permits and FIA Carnet de Passages en Douane forms is strictly regulated. Applicants must possess a valid local driving license and clear all regulatory deposits. The Company serves as an issuing authority but holds no liability for modifications to border restrictions or foreign sovereignty enforcement frameworks.

D. Vehicle Valuation and Inspection Services

Inspection and valuation records represent technical evaluations on the specific day of review. Such reports are built for asset management and insurance facilitation purposes and do not form an absolute warranty regarding latent mechanical compromises.

Payment Terms, Billing, and Financial Settlements

All payments across our online portals, USSD strings, applications, or physical counters must clear through our officially approved financial options (e.g., Authorized Mobile Money Paybill numbers, credit/debit card terminals, or direct commercial bank settlement systems).

• Currency Standard: All service values, fee charts, and processing structures are presented and payable in Kenya Shillings (KES) inclusive of statutory Value Added Tax (VAT) and related local levies.
• Refund Adjustments: Payments for active memberships, ongoing driving classes, or already processed international permits are non-refundable. Exceptional disputes are verified internally on a case-by-case evaluation basis.
• Payment Scams Caution: The Company shall not be liable for funds paid to unauthorized personal numbers or channels outside of our verified corporate checkouts.

Acceptable Use Policy for Digital and Media Sites

When utilizing our digital spaces, member applications, and portals, you commit to safe, lawful operation. You are strictly prohibited from:

• Injecting malware, performing reverse-engineering, or tampering with the backend database structures of our website, apps, or member systems.
• Utilizing scripts or scraping tools to harvest database assets, corporate directories, pricing tables, or member logs.
• Impersonating another member, agent, or representative of the Company during phone correspondence, app registrations, or in-person visits.

Communication, Consent, and Electronic Transaction Mandate

By providing your contact information, you explicitly authorize us to communicate with you via transactional SMS, app push notifications, system emails, and direct phone calls to deliver active service statuses (such as towing dispatch alerts or driving lesson cancellations).

Indemnification and Limitation of Liability

To the fullest extent permitted under the laws of Kenya, the Company, its directors, employees, or third-party dispatch agents shall not be liable for any indirect, incidental, special, or consequential damages, including loss of profits, data, or vehicle utility arising out of or connected with the use or failure of our services.

Dispute Resolution, Arbitration, and Governing Law

These Terms shall be governed by, construed, and enforced exclusively in accordance with the laws of the Republic of Kenya. Any legal claim or dispute arising out of these contractual rules shall first be handled through friendly, good-faith internal corporate negotiations within a period of thirty (30) days from notice.

Severability and Systemic Amendments

If any provision of these Terms is determined by a Kenyan court or competent regulatory body to be invalid, illegal, or unenforceable, the remaining sections of the contract shall continue in full force and effect.

AA Kenya PLC reserves the right to amend, update, or alter these Terms at any time across all digital and media sites. Your continued use of our portals, physical branches, or motoring systems after such updates signifies your voluntary acceptance of the modified Terms.