Your privacy is important to Flywheel Academy herein referred to as (FA). This Privacy Policy explains how FA collects, uses, discloses, and retains personal information, including information collected through websites, blogs, apps (including but not limited to messaging services), and our correspondence with you (for example, by e-mail) and when providing you with our products and services.

Consent

If you are located within the jurisdiction that FA operates, by providing FA with your personal information, you consent to the collection, use, disclosure, and retention of that information by FA in accordance with this Privacy Policy and as otherwise permitted by applicable law. You may withdraw your consent at any time, subject to legal or contractual restrictions and on reasonable notice to FA, but then you might not be able to proceed with your intended interactions or transactions with FA or otherwise receive the full benefit of FA’s products and services.

Data Controller

For purposes of the The Data Protection Act Chapter 411C of the laws of Kenya, FA is the data controller for the purpose of data protection law, in respect of your personal information collected and used through your use of the website, products, and services. This is because we dictate the purpose for which your personal information is used and how we use your personal information.

Personal Information Defined

In this Privacy Policy, personal information means information about the user and which identifies the user, such as the users name and email address, but does not include (to the extent permitted by law) information that is publicly available in a telephone directory or that is the business contact information that enables an individual to be contacted at a place of business.

Personal Information FA Collects
FA collects personal information about users in the course of administering its e-learning services, products, various learning materials and any correspondence with users. The information may include but is not limited to the following:

How FA Collects Information

1. Information You Provide
   • You may be asked to voluntarily give your personal information to FA when you interact with FA. This information may be provided:
     • in the course of communications between you and us (including by phone, email,
     • chat, in person, via social media, website, or otherwise).
     • when you register for an account.
     • when you request information about or use a product or service provided by us.
     • when you subscribe to a newsletter.
     • when you attend events; and
     • when you report a problem with our website, products or services.

In certain circumstances, you can choose not to provide certain requested personal
information, but then you might not be able to proceed with your intended interaction or
transaction with FA or otherwise receive the full benefit of the desired product or service.
If you give FA the personal information of another individual, then you are solely
responsible for complying with all applicable laws, including obtaining the individual’s valid
consent, regarding your collection and disclosure of the personal information to FA and to
FA’s use, disclosure, and retention of the personal information.

(b) Automated Collection
FA may automatically collect certain information regarding your use of the FA e-learning
platform, such as the dates and times that you access the platform, the browsers, operating
systems, software and devices that you use to access the platform, and details of your
manner of use of the platform.

FA’s platform, email messages, and advertisements may use technologies (e.g. cookies, web
beacons, tokens, pixels, or tags) to collect information that assists FA to improve its
products, services, customer communications, and advertising and to prevent fraud. FA may
use information collected through technological means to recognize you as a user of FA’s
platform, to facilitate and improve your use of FA’s platform, to confirm that messages have
been delivered to and opened by you, and to provide you with targeted advertisements.
You may choose to decline or disable cookies in your web browser or device permits, but
doing so may affect your ability to access or use certain features of the platform. More
information about cookies used for interest-based advertising is set out in section 5(c)
below.

Some of the information automatically collected by technological means is non-personal
information (because the information does not identify you), and FA will deal with that non-
personal information as explained below in this Privacy Policy unless applicable law requires
otherwise.

(c) Cookies
Cookies are small files that a site or its service provider transfers to your computer’s hard
drive through your Web browser (if you allow) that enables the website’s or service
provider’s systems to recognize your browser and capture and remember certain
information. For instance, we may use cookies to help us remember and process the
learning materials and products subscribed or purchased and to help us understand your
preferences based on previous or current site activity, which enables us to provide you with
improved services. We may also use trusted third-party services that track this information
on our behalf. You may choose to decline or disable cookies if your web browser permits,
but doing so may affect your ability to access or use certain features of FA. However, you
will still be able to access the platform.
(d) Information from Other Sources

FA may collect personal information from various publicly available sources and other third
parties that are lawfully entitled to share your personal information with FA.
If FA refers you to an independent business for a proposed transaction, then FA may collect
from that independent business information regarding the transaction for use by FA to
update your confidential profile for use by FA as set out in this Privacy Policy.
FA may combine your personal information collected by FA through various sources.

6. How FA Uses Personal Information
   (a) General
   Under data protection law, we can only use your personal information if we have a proper
   reason for doing so, for example:

 to comply with our legal and regulatory obligations.
 for our legitimate interests (see below) or those of a third party.
 for the performance of our contract with you or to take steps at your request
before entering into a contract; or
 you have given consent.

A legitimate interest is when we have a business or commercial reason to use your personal
information, so long as this is not overridden by your own rights and interests. Where we
rely on our legitimate business interests or those legitimate interests of a third party to
justify the purposes for using your personal information, this will include:

 pursuit of our commercial activities and objectives, or those of a third party.
 compliance with applicable legal and regulatory obligations and any codes of
conduct.
 improvement and development of our business operations and service
offering, or those of a third party; or
 protection of our business, shareholders, employees, and customers, or those
of a third party.
(b) Purpose and Legal Basis

FA may use your personal information collected by FA for purposes relating to or arising
from your relationship and transactions with FA and as otherwise set out in this Privacy
Policy or permitted by applicable law. The table below explains what we use your personal
information for and our reasons for doing so. In general terms we will collect personal
information for the following purposes:
Purpose Legal Basis
To administer your relationship with FA,
including to contact and correspond with you
regarding those matters

For our legitimate business interests.

To facilitate your interactions and
transactions with FA

For our legitimate business interests (i.e. the
provision of products and services)

To provide you with the websites, products
and services

For our legitimate business interests and
depending on the circumstances, to perform
a contract between you and us

To notify you about changes to the websites
or the products and services

For our legitimate business interests (i.e. the
provision of the products, and services)

To audit and monitor the use of the websites

For our legitimate business interests (i.e. the
products, and services, as well as to improve
and monitor the security of the websites) or
we may request your consent in certain
circumstances where we are required to do
so by law (e.g., in relation to our use of
certain cookies)

To maintain, protect and improve FA’s
products and services and to develop new
products and services

For our legitimate business interests (i.e. the
provision and improvement of the products
and our services)

To manage complaints, feedback, and For our legitimate business interests (i.e. the

queries provision and improvement of the products,

and services)

To administer and facilitate your
participation in contests and promotions
related to FA

For our legitimate business interests (i.e. the
promotion of the websites, products, and
services), and depending on the
circumstances, to perform a contract
between you and us

To carry out market research and analysis

For our legitimate business interests (i.e. the
provision, improvement, and promotion of
the products, and our services)

To carry out satisfaction surveys and analysis

For our legitimate business interests (i.e. the
provision, improvement, and promotion of
the websites, products, and our services)

To provide you with information (including by
email and other electronic messages)
regarding FA and its business, products, and
services and products and services offered by
other businesses, to the extent permitted by
applicable law and in accordance with your
preferences as indicated when you entered
into any agreement with us, including any
marketing consent preferences

Depending on the method of
communication, this processing may be
carried out with your consent or in
accordance with our legitimate business
interests to process your information for
direct marketing purposes

To comply with any legal or regulatory
obligations (including in connection with a
court order) and to protect and enforce FA’s
legal rights, interests and remedies to protect
the business operations and customers of FA
or other persons

For our legitimate business interests and for
compliance with legal obligations to which
we are subject

To enforce or apply the agreements
concerning you (including agreements
between you and us)

For our legitimate business interests and for
compliance with legal obligations to which
we are subject

7. How FA Discloses and Shares Personal Information
   (a) General
   FA discloses your personal information for purposes relating to or arising from your
   relationship and transactions with FA and as otherwise set out in this Privacy Policy or
   permitted by applicable law.
   (b) Specific Consents
   FA may disclose your personal information in accordance with express or implied consent
   that you give during your interactions and transactions with FA.
   (c) Affiliates
   FA and its affiliates may share your personal information with each other and use it in
   connection with our relationship with you for the provision of our products and services, the
   whole in accordance with this Privacy Policy. When FA shares your personal information
   with its affiliates, FA may develop, maintain and share a confidential profile for you for use
   by FA to provide information, products, and services to you, to facilitate your dealings with
   FA and as otherwise set out in this Privacy Policy.
   (d) Referred Transactions
   If FA refers you to an independent business for a proposed transaction, then FA may
   disclose your personal information to the independent business to facilitate the proposed
   transaction, and in those circumstances, FA has no control over, or responsibility or liability
   for, the use, disclosure or retention of your personal information by the independent
   business, and the use, disclosure and retention of the disclosed information by the
   independent business is not subject to this Privacy Policy.
   (e) Suppliers and Service Providers
   FA may disclose your personal information to its suppliers and third-party service providers,
   such as our payments processor or our analytics provider, to assist FA in the provision of
   information, products, and services to you, to provide services to FA, to assist FA to use your

personal information as set out in this Privacy Policy and as otherwise permitted by
applicable law.
(f) Professional Advisers
FA may disclose your personal information to our professional advisers including
accountants, lawyers, and other professional advisers that assist us in carrying out our
business activities.
(g) Law Enforcement/Legal Disclosures
FA may disclose your personal information as required or authorized by applicable law,
including to comply with a subpoena, warrant, or court or arbitral order or litigation
disclosure obligation. FA may disclose your personal information to law enforcement
agencies or other independent organizations if FA reasonably believes the disclosure is
necessary or appropriate in connection with national security, law enforcement, or other
issues of public importance, or if FA reasonably believes the disclosure is necessary or
appropriate to protect and enforce FA’s legal rights, interests and remedies or to protect the
rights, interests, business, operations or customers of FA or other persons (including to
detect and prevent fraud and other illegal activities, to enforce any of the terms of use,
terms of service or other agreements that govern access to or use of any of FA’s products or
services). FA has no control over, or responsibility or liability for, the use, disclosure or
retention of your personal information by the agencies, independent organizations or other
persons to whom FA discloses the information in the foregoing circumstances, and the use,
disclosure and retention of the disclosed information by those agencies, independent
organizations or other persons is not subject to this Privacy Policy.
(h) Business Transactions
FA may disclose your personal information in connection with a proposed or actual business
transaction in which FA is involved (e.g. a corporate amalgamation, reorganization, merger
or acquisition, or the sale or transfer of some or all of FA’s business or assets), but FA will
require the information recipient to agree to protect the privacy of your personal
information in a manner that is consistent with this Privacy Policy and applicable law.
(i) Information that You Share

You may use FA’s products and services to share your personal information and other
information and content with other users of FA’s products and services, including other FA
members (collectively ‘FA Users’). When you do so, the information and content that you
share can be read, collected, used, retained, and disclosed by other FA Users and may be
publicly available on FA’s platform. You are solely responsible for the information and
content that you choose to share with other FA Users and in your FA member profile. FA has
no control over, or responsibility or liability for, the way in which the information or content
that you share is collected, used, retained, or disclosed by other FA Users. FA encourages
you to be careful when you share information or content, including the information in your
FA member profile.

8. Location and Transfer of Personal Information
   FA and its service providers may process, store, and use your personal information at
   facilities in various locations.For further information on the steps taken relating to such
   transfers and the safeguards in place, please contact our Privacy Officer using the details
   listed at the end of this Privacy Policy.
9. Retention of Personal Information
   We will retain your personal information for the period reasonably necessary for the
   purposes set out or referenced in this Privacy Policy and to comply with FA’s legal
   obligations or enforce or protect FA’s legal rights, or a longer period required or permitted
   by applicable law. FA will delete or dispose of your personal information, or depersonalize
   the information when FA is no longer reasonably required to retain the information for the
   purposes set out in this Privacy Policy.
   Please note that all of the above retention periods may be extended where we need to
   preserve and use personal information for the purposes of bringing or defending a legal
   claim. In such cases, we will continue to hold and process your personal information for as
   long as is necessary to deal with the legal proceedings.
   For further information as to our retention periods, please contact our Privacy Officer using
   the contact details as set out at the end of this Privacy Policy.
10. Do Not Track Signals; Tracking Across Third Party Websites

Certain mechanisms may allow you to send web browser signals known as ‘Do Not Track’
(‘DNT’) signals, indicating your choice to disable tracking on our website. We do not respond
to browser and do not track signals at this time. We may not be aware of or able to honor
and respond to every such mechanism.
Third parties, other than our vendors (such as our website analytics provider), do not have
authorization from us to track which websites you visited prior to and after visiting our
website. That said, we cannot control third-party tracking and there may be some third-
party tracking that occurs without our knowledge or consent.

11. Protection of Personal Information
    FA uses reasonable safeguards – including administrative, physical, and technical security
    and safeguarding measures – appropriate to the sensitivity of the personal information in
    FA’s possession or under FA’s control to help protect the information from unauthorized
    access, collection, use, disclosure, deletion or similar risks. Nevertheless, security risks
    cannot be eliminated, and FA cannot guarantee that your personal information will not be
    accessed, used, disclosed, or deleted in ways not otherwise described in this Privacy Policy.
12. Accuracy and Access to Personal Information
    FA will rely on you to ensure that the personal information that you provide to FA is as
    accurate, complete and up to date as necessary for the purposes for which FA uses the
    personal information. You will promptly notify FA of any changes to the personal
    information that you provide to FA using the procedures made available for that purpose by
    FA or by contacting FA’s Privacy Officer using the contact information noted below.
    You have certain rights with respect to your personal information. The rights may only apply
    in certain circumstances and are subject to certain exemptions. Please see the table below
    for a summary of your rights. You can exercise these rights using the contact details at the
    end of this Privacy Policy.
    Right Summary of your rights
    Right of access to your
    personal information

You have the right to receive a copy of your personal
information that we hold about you, subject to certain
exemptions.

Right to rectify your
personal information

You have the right to ask us to correct your personal
information that we hold where it is incorrect or
incomplete.

Right to erasure of your
personal information:

You have the right to ask that your personal information
be deleted in certain circumstances. For example (i)
where your personal information is no longer necessary in
relation to the purposes for which they were collected or
otherwise used; (ii) if you withdraw your consent and
there is no other legal ground for which we rely on for the
continued use of your personal information; (iii) if you
object to the use of your personal information (as set out
below); (iv) if we have used your personal information
unlawfully; or (v) if your personal information needs to be
erased to comply with a legal obligation.

Right to restrict the use of
your personal information

You have the right to suspend our use of your personal
information in certain circumstances. For example (i)
where you think your personal information is inaccurate
and only for such period to enable us to verify the
accuracy of your personal information; (ii) the use of your
personal information is unlawful and you oppose the
erasure of your personal information and request that it is
suspended instead; (iii) we no longer need your personal
information, but your personal information is required by
you for the establishment, exercise or defense of legal
claims; or (iv) you have objected to the use of your
personal information and we are verifying whether our
grounds for the use of your personal information override
your objection.

Right to data portability

You have the right to obtain personal information that
you have provided to us in a structured, commonly used,
and machine-readable format and for it to be transferred
to you or another organization, where it is technically
feasible. The right only applies where the use of the
personal information you provided was with your consent
or for the performance of a contract with you, and when
the use of your personal information is carried out by
automated (i.e. electronic) means.

Right to object to the use
of your personal
information

You have the right to object to the use of your personal
information in certain circumstances. For example (i)
where you have grounds relating to your particular
situation and we use your personal information for our
legitimate interests (or those of a third party); and (ii) if
you object to the use of your personal information for
direct marketing purposes.

Right to withdraw consent

You have the right to withdraw your consent at any time
where we rely on consent to use your personal
information.

Right to complain to the
relevant data protection
authority

You have the right to complain to the relevant data
protection authority where you think we have not used
your personal information in accordance with data
protection law.

13. Non-Personal Information
    FA may use personal information to create and collect non-personal information
    (information that is not about an identifiable individual), including personal information that
    has been aggregated or otherwise depersonalized so that the information no longer relates

to an identifiable individual. FA may use, disclose, transfer, and retain non-personal
information for any purpose and in any manner whatsoever. If non-personal information is
combined with personal information, then FA will treat the combined non-personal
information as personal information for the purposes of this Privacy Policy for as long as the
non-personal information is combined with your personal information.

14. Other Websites and Businesses
    FA’s website and correspondence (including emails and messages) may include
    advertisements for products and services offered by independent businesses or links to
    websites operated by independent businesses. FA has no responsibility or liability for, or
    control over, those other websites, online services, or businesses, their products or services,
    or their collection, use, disclosure, or retention of your personal information. This Privacy
    Policy does not apply to the collection, use, disclosure, and retention of your personal
    information by those websites, online services, and independent businesses. If you have
    questions about how those websites, online services, or independent businesses collect,
    use, disclose or retain personal information, please contact the owner or operator of the
    website, service, or business.
15. Social Networking and Similar Situations
    When you use certain aspects of FA’s websites or other services, or post information to
    other social networking sites (e.g. there may be links to FA’s Facebook, Twitter, Instagram,
    YouTube, LinkedIn or Google+ pages or you may be able to ‘like’ a product on your
    Facebook account or ‘pin’ a product on your Pinterest account), the personal information
    that you post or share in connection with these third-party sites is visible to other persons
    and can be read, collected, used and disclosed by other persons, including to send
    unsolicited messages. As will be evident, in such a case, you will be leaving a FA website and
    going to the third party’s website. Any information provided to such third-party social
    networking sites and other sites is governed by their own privacy policies, which you may
    read on the applicable site. You are solely responsible for the personal information that you
    choose to post or share in those situations. FA has no control over, or responsibility or
    liability for, the use, disclosure, and retention of the personal information that you disclose

in those situations, and the use, disclosure, and retention of the disclosed information is not
subject to this Privacy Policy.

16. Other Matters
    (a) Disclaimers, Liability Exclusions/Limitations, and Disputes: The agreements (including
    any website terms of use) that you accept when you apply, register for, order, or use FA’s
    products and services contain important provisions, including provisions disclaiming, limiting
    or excluding the liability of FA and other persons (including service providers) and provisions
    determining the applicable law and jurisdiction for the resolution of disputes. To the extent
    permitted by applicable law, each of those provisions applies to any dispute that may arise
    in relation to this Privacy Policy or FA’s collection, use, disclosure, and retention of your
    personal information, and are of the same force and effect as if they were reproduced
    directly in this Privacy Policy. Nothing in this Privacy Policy amends any of those other
    agreements.
    (b) Changes to this Policy: FA may change this Privacy Policy as it applies to FA from time to
    time by posting a new version of this Privacy Policy on FA’s website. FA’s collection, use,
    disclosure, and retention of your personal information will be governed by the version of
    this Privacy Policy in effect at that time. Your continued dealings with FA after any change to
    this Privacy Policy will signify your consent to the collection, use, disclosure, and retention
    of your personal information by FA as set out in the changed Privacy Policy. Accordingly, you
    should check the ‘Last Updated’ date of this Privacy Policy (at the top of this Privacy Policy)
    and review any changes since the last version.
    (c) Contacting FA’s Privacy Officer: If you have any comments or questions about this
    Privacy Policy or how FA deals with your personal information, please contact FA through
    the channels available in the website