Mco-opcash cashback campaign T&C

TERMS AND CONDITIONS FOR CO-OPERATIVE BANK ONLINE BANKING SOLUTION Definitions In these Terms and Conditions:

"Bank" refers to Co-operative Bank of Kenya Limited and any of its representations, companies or subsidiaries in any other market.
"Customer" shall include any persons, firm, partnership or corporate body subscribing to use or accessing the Bank's Online Banking platform.
"Account" means any open account that you hold with the Bank or open with the Bank and which the Bank allows you to operate on the Bank's Online Banking Solution.
"Account Terms" means the Terms and Conditions of the Account.
"Business Day" means any day other than a Sunday or public holiday in the Republic of Kenya and any other subsidiary the Bank operates in.
"Conditions of Use" - means any Terms and Conditions of Use which govern the use of the platform that the Bank may prescribe from time to time and avails at www.co-opbank.co.ke.
"SMS Token (One Time Password" (OTP) means an SMS code sent to the customer to aid in authenticating login and transactions conducted by the customer.
"Helpline" means a telephone helpdesk service we provide to assist you in using the Co-operative Bank of Kenya Limited’s Services, details of which are set out in the Online Help facility at www.co-opbank.co.ke.

For All the Mco-opcash cashback campaign, review the Terms and Conditions.

Credit Card General T&C

TERMS & CONDITIONS FOR THE USE OF CO-OPERATIVE BANK OF KENYA CREDIT CARD(S)

DEFINITIONS

In these conditions:

CONDITIONS OF THIS AGREEMENT

These conditions as varied from time to time constitute the Agreement between the Cardholder and the Bank with respect to the issue and use of the Card.
The Cardholder shall be deemed to have read, understood and agreed to be bound by these Conditions upon signing of the application form hereof.
The Cardholder conﬁrms in particular to have considered the rate of interest and all other charges levied by the Bank as speciﬁed in Condition 9 & the table of charges in clause 10.10 and found them to be fair, reasonable and necessary for the Card facility granted to him/her/it and agreed to be bound by the same.

THE CREDIT CARDS

ADDITIONAL OR SUPPLEMENTARY CARDHOLDER(S)

The Bank may on the application of the principal card holder issue an additional or supplementary or supplementary Card for use by any person nominated by the Principal Cardholder in writing as an authorized user on the Principal Cardholder’s Card Account. Any additional or supplementary Card holder shall be bound by the terms and conditions herein.
The Bank shall cancel any additional or supplementary Card at any time upon request in writing by the Principal Cardholder and the Principal Cardholder shall surrender the additional or supplementary Card to the Bank for destruction.

CREDIT LIMIT AND STATEMENT OF ACCOUNT

The Bank shall advise the Cardholder of the Credit Limit when issuing him/her with a Card and each month the Bank shall prepare and send to the Cardholder a Statement showing the status of the Card Account and all the transactions on the credit account.
The card holder shall be required to notify the Bank in case he/she is travelling outside Kenya and intends to use the card outside the country.
The Card holder will take out a life insurance policy at their own cost up to a maximum of the Credit Limit issued to the Cardholder except in cases where the Bank expressly communicates its intention to take out such insurance policy on behalf of the card holder. In either case, the Bank’s interests shall be noted on the cardholder’s life insurance policy.
The card holder shall not be permitted to exceed the set credit limit under any circumstances and any amounts incurred in the excess of the credit limit shall be immediately due and payable to the Bank, inclusive of over-limit charges, whether or not demanded by the Bank.
The Cardholder may, at any time however, apply for an increase of the Credit Limit and the Bank shall be under no obligation to accept the application. Any increase in the credit limit shall take eﬀect upon that the Bank notifying the Cardholder of the same.
The Bank may, from time to time and at its own discretion, offer to increase the cardholder’s credit limit permanently or temporarily via the email address or telephone contact provided by the cardholder. The cardholder’s acceptance of such offer from the Bank either through email or telephone shall be deemed as a valid acceptance and the Bank shall increase the Credit Card limit as proposed in its offer.

SAFEGUARDING THE CARD/PIN

A Cardholder(s) must exercise all due care and attention to ensure the safety of the Card and the secrecy of the PIN at all times and to prevent the loss of and/or use of his/her Card or PIN by any third party.
If a Card is lost or stolen, or a Card is for any other reason liable to be misused or the Cardholder has any reason to suspect that the PIN may have been discovered by unauthorized persons, he/she must IMMEDIATELY notify the Bank by Telephone on 020-2776000, 0703 027000, 0736 690101,020-2854000(or any other number as may be notiﬁed to by the Bank) the card holder shall be required to request in writing for a replacement card within (7) seven days through the Manager, Co-op Card P. O. Box 21831-00400, Nairobi, Email: cardcentre@co-opbank.co.ke quoting his/her Card Account number.
The Cardholder(s) shall be liable in respect of any transaction instruction given prior to receipt by the Bank of notification of such loss, theft or disclosure.
The Cardholder shall provide the Bank with all the information in his/her possession about the loss, theft or misuse of a Card or the PIN, and any other information the Bank may require to facilitate investigations into such loss theft or misuse. The Bank may give the police any information it thinks will be useful in their investigations. If the Cardholder ﬁnds the Card(s) which he/she had reported as lost, stolen or at risk of misuse, he/she must not use them. The Cardholder shall be required to cut the card in half and return them to the Bank immediately at the address shown in condition 6(ii).
The Bank will, as soon as is practicable, replace any lost or stolen Card subject to payment of the applicable replacement charge and any over limit and overdue amounts as at the time of collection. All replacement Cards will be issued with new Card which will be a continuation of the old Card Account number so replaced and the conditions applicable to the old Card Account number shall apply thereof.

STATEMENT OF ACCOUNT

RIGHT OF SET-OFF

The bank may at any time and without notice or demand and notwithstanding any settlement of account or other matter whatsoever ,combine or consolidate all or any other existing accounts including accounts in the bank (whether current, deposit, loan or of any other nature whatsoever subject to notice or not and in whatever currency denominated )in the name of the Cardholder alone or jointly with others wherever situated and set-off or transfer any sum standing to the credit of any one or more accounts in or towards satisfaction of any obligations or liabilities to the bank of the Cardholder whether such liabilities be present, future, actual, contingent, primary, collateral, several or joint.
The bank shall have a lien on all property and assets of the Cardholder from time to time in the possession of the bank, whether registered in the name of the bank or its nominees or otherwise and whether the same is being held for safe custody or otherwise.

REPAYMENT AND APPROPRIATION

All payments are due and payable on a monthly basis not later than twenty (20) days from the date of the statement.
Payments on any account will take eﬀect when received by the Bank and credited to the Cardholder’s account. Where the payment is made by cheque(s) such payment will be received only after being cleared by the respective paying bank(s).
All payment received to the account shall be applied first in repayment of all accrued interest secondly in payment of all charges and thirdly towards repayment of all amounts due from the account respectively;
The account being a credit card account shall not operate as a savings account and should the account contain any funds standing in credit such funds shall not earn any interest.
The Cardholder shall make all payment directly to the Bank. The Bank shall not be liable for any funds that have been paid to any other third party.

CHARGES

The Bank is entitled to be paid by the Cardholder and at its own discretion and may debit the cardholder with all the charges payable in respect of the use of the Cards may be amended by the Bank from time to time at the banks own discretion and notiﬁed to the Cardholder without limitation to the following:

A non-refundable Annual Subscription Fee on the opening of the Card Account and thereafter on each subscription anniversary dates. The subscription fees shall be as per the Banks Tariffs published by the bank from time to time.
A monthly interest rate or such other rate as the bank may in its sole discretion determine shall be applicable on the outstanding credit amount due where the Cardholder pays the minimum monthly payment. The interest shall accrue daily on the daily outstanding balance until payment in full.
A Late Payment Fee of the minimum payment amount due will be levied for any amount not received by the Due Date as shown on the Cardholder’s statement.
An Over the Limit Fee of the amount determined by the Bank and notiﬁed to the Cardholder shall be levied should he/she exceed the credit limit. The Bank reserves the right to withdraw a Card which goes in excess of the credit limit so allocated.
If the Cardholder obtains cash at any of the Bank’s cash points, a cash advance fee, which will be a percentage of the amount of cash obtained subject to an advised minimum will be levied. The card holder will however be liable for any additional or supplementary charges that may be imposed for withdrawal of cash from other visa Branded outlets.
A Card Replacement Fee of a minimum of Kshs. 500.00 per Classic or Gold Card and Kshs. 1,000.00 per Platinum card will be levied on the Card Account for any card replaced.
An annual Cardholder’s Limit Insurance policy premium as determined by the Bank’s authorized insurance provider and notified to the Card Holder against death of the Cardholder up to the credit limit assigned to the Cardholder.
Transactions carried out in foreign currency shall attract an FX mark up on of the value of transaction.
Platinum card holders are entitled to Airport VIP Lounge Access and will be expected to pay for their Airport VIP lounge visits and as well as their guests’ visits.
The Charges are more specifically outlined below:

CHARGE	AMOUNT ( PER CARD)	FREQUENCY
Joining Fees	Classic Card : Kes 3,000/- Gold Card: Kes 3,500/- Platinum Card : Kes 4,000/-	One off- Currently waived
Annual Fees	Classic Card: Kes 3,500/- Gold Card: Kes 6,000/- Platinum Card: Kes 7,000/-	On issuance of the card and thereafter on every subsequent year
Supplementary Card Annual Fees	Classic Card: Kes 3,000/- Gold Card: Free up to the 4^th Card. From 5^th Card onward, Kes. 3,000/- Platinum Card: Free up to 4^th Card. From 5^th Card onward. Kes. 3,500/-	On issuance of the card and thereafter on every subsequent year
Interest Rate	3.5% of Revolved Balances	This is per month. Revolved balance is the amount of card debt unpaid at the end of each credit cycle of 50 days.
Late Payment Fees	5% of Minimum Payable	Per occurrence, whenever the card holder pays the card dues past due date (pays late).
Bonus Fees	5% of amount awarded	Per occurrence, whenever the card holder requests for a bonus ( additional funds beyond the approved credit limit)
Card Replacement Fees	Classic Card: Kes 500/- Gold Card: Kes 500/- Platinum Card: Kes 1,000/-	Per occurrence, whenever the card holder requests for a card replacement.
Over limit Fees	Kes 1,000/-	It is per occurrence. I.e. whenever the customer goes over the set/allowed limit.
Insurance	0.39% of Approved Credit Card Limit	Per year ( Bank Pays for Gold and Platinum card Holders)
VIP Lounge ( Applicable to Platinum Card Holders)	USD 3.6/-	Per year ( Bank pays for Platinum Card Holder)
VIP Lounge Visit (Applicable to Platinum Card Holders)	USD 27/- per card , if card holder is accompanied by a guest (friend/family/business associate) , card holder will pay for each guest visit	Per occurrence, whenever the card holder accesses the VIP lounge , may change from time to time as advised by Visa and/or Lounge Key
Forex Mark Up	3%	Applicable to foreign currency transactions
Unpaid Payment Fees	Kes , 2,500/-	Per missed payment( unpaid cheque/standing order/direct debit)

Note: The above charges are subject to excise duty fees where applicable

CARD RENEWAL

The Cardholder’s Card shall automatically be renewed and a Card produced before the expiry of the term of the current Card. The Bank shall also continue to renew the Cardholders Card in this manner until the account is terminated or upon written request to stop by the Cardholder or in the case of additional or Supplementary Card by the Cardholder or the Principal Cardholder.
If the Card holder does not wish to renew his card he/she shall be required to notify the Bank one month before expiry of the card.

REFUNDS & CARDHOLDER CLAIMS

The Cardholder’s Card Account shall only be credited with a refund in respect of a Card transaction if the Bank receives a refund voucher or other refund veriﬁcation acceptable to the Bank.
The Bank is not responsible for any matter or dispute unless the Cardholder has made a written request delivered to the Bank as soon as reasonably possible.
The contents of any statements of account or statement of any other nature which has been sent by the Bank to the Cardholder, and to which the Cardholder has not objected within twenty eight (28) days of receipt thereof, shall be deemed approved by the Cardholder and shall not thereafter be challenged by the Cardholder on any ground whatsoever whether on account of lack of mandate forgery or inadequate signature of endorsement of transaction, forged alteration thereof or otherwise.
No claim by the Cardholder against a third party may be subject of a defense or counterclaim against the Bank.
The Cardholder may not assign or otherwise dispose of his/her rights and obligations under this Agreement.
The Cardholder cannot use a claim against the Bank to refuse to discharge his/her obligations under this Agreement unless he/she has a legal right to do so.
The Cardholder shall not be entitled to any interest on any credit balance in the Card Account.
The Cardholder shall not return for cash refund any goods or tickets obtained with the use of the Card.

LIABILITY

The Bank shall not be liable in any way if a third party does not honor a transaction on a Card.
The Cardholder shall be liable for any loss or cost suﬀered by the Bank as a result of any breach of this Agreement.
The Bank shall not be liable if it is unable to perform its obligations under this Agreement due a force majeure including the failure of any machine, data process system, transmission link, industrial dispute, strikes, lock outs, acts of any public enemy, wars, blockades, insurrections, riots, ﬁres, civil disturbances, government regulations and directions, fraudulent activity, terrorist action or anything outside its direct control or that of its agents or subcontractors.
The failure or delay by the Bank to produce or send a statement in respect of the Card Account shall not be construed as a waiver of the Cardholder‘s liability for the late payment.
For credit cards that give the cardholder access to services provided by third parties, the card holder shall be liable for any costs incurred for services provided by the third parties unless the Bank expressly communicates to the cardholder its intention to assume such costs.
In instances where a cardholder holds a credit card with access to Emergency Cash withdrawal, the Bank shall not be liable for any loss incurred by the card holder as a result of failure to give immediate effect to an Emergency Cash Withdrawal, card replacement or any other facilities offered by the Bank in connection with the credit card.

DEATH OR BANKRUPTCY

In the event of the Cardholder’s death, bankruptcy or insolvency:

The Cardholder’s obligations under this Agreement shall remain in full force and eﬀect until such time as they shall be duly satisﬁed.
In case of death, the Bank shall institute a claim for compensation from the insurance Company. Any amounts in excess of the insured credit limit shall be payable in total from the Cardholder’s estate.
Any Additional or supplementary and/or supplementary Cardholder shall cease immediately to be entitled to use the Card and shall return the Card to the Card Centre or the nearest branch of the Bank. The deceased Cardholder’s Card shall be returned to the Card Centre or the nearest branch of the Bank immediately.
In case of insolvency of a body corporate the Bank shall be entitled to demand and recover any outstanding liabilities under this Agreement due from the corporate body shall be recoverable from the individual corporate Cardholders, it being understood that the body corporate and the individual corporate Cardholders are jointly and severally liable for any liabilities incurred on the corporate Card(s).

WITHDRAWAL

The Principal Cardholder and any Supplementary Cardholder shall indemnify the Bank against all costs, charges and expenses inclusive of any legal costs and disbursements incurred by the Bank in obtaining or attempting to obtain payment of any monies due and owing on any Card Account to the intent that the Bank shall suﬀer no loss by reason of it aﬀording or continuing to aﬀord the Card holder any services oﬀered by use of the Card.
The Bank reserves the right to set oﬀ all outstanding amounts plus interest thereof from any account(s) held by the Cardholder with the Bank.
Where the Bank has appointed agents to collect debts on its behalf, such payments shall be made directly to the Bank or by way of a Bank cheque payable to the Bank or to its order.

DISCLOSURE OF INFORMATION

The Cardholder agrees that the Bank may disclose details relating to the Card Account to any third party (including credit agencies) if in the Bank’s opinion such disclosure is necessary for the purpose of evaluating any application made to the Bank or such third party, maintaining the Cardholder’s Account with the Bank or other purpose as the Bank shall deem appropriate.
The Cardholder agrees that the Bank may disclose details relating to the Card Account including details of any default in servicing the Card Account to any third party (including credit agencies) for the purpose of evaluating the Cardholder’s credit worthiness or for any other lawful purpose.

AMENDMENT OF CONDITIONS OF USE

The Bank reserves the right to vary, amend or replace all or any of these conditions at any time subject to the Bank issuing a 30 day prior notice of its intentions to do so to the Card holder.

VISA INTERNATIONAL REGULATIONS

The use of the Card is governed by the terms of International card payment solution service providers and the Cardholder by agreeing to the use of the card shall be deemed to have agreed to abide by those terms of the International card payment solution providers as may be communicated to the Cardholder by the Bank from time to time.
Any charges made by Visa International in respect of the Cardholder’s foreign currency transactions shall be debited to the Cardholder’s Card Account. The amount of Card transactions and charges involving foreign currency shall be converted into Kenya Shillings at the Visa International exchange rate applicable on the date payment is received and any exchange rate risk shall be debited to the Cardholder’s Card Account.
To ensure acceptability, information about the Cardholder’s Card Account may be transferred conﬁdentially within the VISA Network and the Card Holder hereby agrees and consent to such transfer of information.

TERMINATION & CANCELLATION

Action by the Bank

The Bank may at any time, if in the Bank’s opinion the circumstances require it to do so and without giving the cardholder prior notice, choose to:

- Cancel or suspend the cardholder’s right to use the credit card or close the account linked to the credit card
- Refuse to authorize a credit card transaction; or
- Refuse to re-issue, renew or replace the credit card.

Termination by the cardholder
- The cardholder may at any time close the account linked to a credit card by notifying the Bank of such intentions in writing.
- The cardholder may terminate use of card by an additional or supplementary cardholder at any time by notifying the Bank of such intentions in writing.
Consequences of termination

Upon termination by either the Bank or the cardholder:

- The cardholder and any supplementary or additional cardholder shall not use and shall not be entitled to use of the credit card or any benefits in connection with the credit card;
- The cardholder and any supplementary or additional cardholder shall surrender the credit card(s) to the nearest branch of the Bank.
- The cardholder and any supplementary or additional cardholder shall immediately pay all amounts owing to the Bank in connection with the credit card (including any additional or supplementary card) together with any interest accrued.
- The cardholder and any supplementary or additional cardholder shall remain liable for any transaction carried out using the credit card or supplementary or additional card that is not surrendered to the Bank after termination.

GOVERNING LAW AND JURISDICTION

The Cardholder shall not use the Card for any unlawful purpose, including the purchase of goods or services prohibited by the Laws of Kenya, or in contravention of any Rule of Law in force, nor as an aid towards any such contravention.
This Agreement and all matters arising out of the issue or use of the Card are subject to the laws of the Republic of Kenya and the parties submit to the exclusive jurisdiction of the Kenya courts of law.

GENERAL

Any other facilities or beneﬁts made available to Cardholders as such and not forming part of this Agreement may be withdrawn at any time without prior notice.
The Cardholder warrants the complete accuracy of the information given upon the application for establishing the Card Account and any subsequent communication exchanged with the Bank.
The Cardholder may terminate this Agreement by a thirty (30) days’ written notice to the Bank but such termination shall only be eﬀective on the return to the Bank of all the Cards issued for use on the Card Account and the payment of all the liabilities on the Card Account under this Agreement.
Each of the Terms and Conditions contained herein is distinct and separate from all other terms and conditions, so that if one term is found to be invalid or unenforceable this will not affect the validity of any of the other Terms and Conditions.
The failure or delay by the Bank does not enforce any of its rights under these Terms and Conditions, does not stop the Bank from taking any action to enforce its rights in the future.
Headings used in these Terms and Conditions are for ease of reference only and shall not affect the meaning of these Terms and Conditions.
The Bank may send promotional material and advisory information to the cardholder from time to time and the cardholder hereby consents to receipt of such promotional materials & advisory information.

NOTICES

All notices statements letters and other communications from the Bank may be sent to the Cardholders last known postal, email, facsimile address, and the date on the Bank’s copy of any such communication is taken to be the date of such dispatch in the absence of proof of the contrary. It shall be the duty of the Cardholder to notify the bank of any changes in his/her address.
Any written communication from the Bank to the cardholder including but not limited to any notice given pursuant to these Terms and Conditions shall be deemed to have been received by the Cardholder, if delivered then at the date and time of delivery, and if sent by post it shall be sufficient to prove that the letter containing the communication was properly stamped and addressed.
The Cardholder has no claim on the Bank for damages resulting from losses, delays, misunderstandings, mutilations, duplications or any other irregularities due to transmission of any communication whether to or from the Cardholder, the Bank or any third party, by delivery, post, fax, telegraph, telephone, telex or any other means of communication.
Notices/communications sent by post shall be deemed to have been received seven (7) days from the date of posting. If sent by Email or facsimile they shall be deemed delivered by the next working day.

Data Privacy Statement

1. PRIVACY STATEMENT

This statement provides information on how The Co-operative Bank of Kenya Ltd (hereinafter “the Bank” approaches processing your personal data. Our focus and commitment to respecting your privacy and safeguarding your personal data remain stronger than ever.

1.1 Terms used in this Statement

Personal Data

Information that directly or indirectly identifies or says something about you is referred to as personal data. Examples include your name and address, and information such as your income. Information relating to a sole trader, commercial partnership, or professional partnership is also considered personal data.

Processing Data

Processing means anything that can be done with personal data. This includes the collection, storage, use, transfer, and removal of data.

Whose Personal Data does the Bank process?

We process personal data if we have, want to have, or have had a business relationship with you, or if we have had contact with you. The people whose personal data we process include:

Existing bank clients both domestic and foreigners
Potential bank customers
People who show an interest in the Bank’s products and services are people who are connected in another way with a business or organization with which we have, want to have, or have had a business relationship, such as third-party participants
Security providers and guarantors

2. WHICH DATA DOES THE BANK PROCESS?


Types of Data	What kind of data might be involved	Examples of how the Bank uses the data
Information that allows an individual to be identified directly or indirectly	Name, address, telephone number, e-mail address, and information provided in your identity documents to fulfill the Bank’s Know your customer (KYC) requirements	For identification purposes, to draw up an agreement/contract or to contact you
Information relating to or used for agreements/contracts or financial statements	Information about your financial situation, and the products you have. Information used for obtaining finance	To assess credit worthiness, or to assess whether a product is suitable for you. To develop Machine Learning models designed to create products that best suit your needs, such as recommendation models and credit scoring systems.
Payment and transaction data	When a payment is made, information about the person you paid or who paid you, when the payment took place and what the balance in your account is	To ensure correct/timely processing of funds is performed. Also, for anti-money laundering/counter-terrorism financing and sanctions monitoring. For your security and ours.
Special categories of personal data/criminal data	Information concerning your health, information about criminal convictions, data that reveal your ethnic origin or political inclinations, Biometric data	The Bank processes biometric data for identification purposes. In the context of combating terrorism and tax obligations, we are required to record information about your country of birth. In addition, we may record special categories of data such as Criminal data in the context of Anti-Money Laundering
Recorded calls, documentation of e-mails and physical access, CCTV	Cookies, IP address, and data relating to the device on which you use our online services or our website.	To enable our online services to be used and to combat fraud. To improve our website. For displaying targeted adverts or banners. Identifying customers after they have logged in by storing a temporary reference number of cookies so that the Bank web server can conduct a dialogue with the customer while simultaneously dealing with other customers. Allowing customers to carry information across pages of our site and avoid having to re-enter the same information. Enabling the Bank to evaluate the effectiveness of its advertising and promotions. Enabling the Bank to produce statistical information (anonymous) which helps it to improve the structure and content of its website.
Data we receive from third parties	Data may be obtained from Credit Reference Bureaus, Company Registry	We use this information to check Directors and credit rating details.
Data we share with Third parties	Financial information and transaction data upon request of the relevant enforcement agencies and regulators. Data we provide to other businesses within the Group that we engage to help us provide services. Data you have asked us to share with another party. Information required to meet our regulator or legal reporting commitments.	We are required to provide specific data to tax authorities and to the regulator. You may also ask us to share specific data with a third party. We may be required to share with the relevant authorities and regulatory bodies as part of compliance with the Anti-Money Laundering, Counter Terrorism Financing, and Fraud prevention laws and/or regulations.
Data we require to combat fraud, to ensure your security and ours, and to prevent money laundering and the financing of terrorism	The data we keep in our internal and external referral registers, sanction lists, location information, transaction data, identity information, camera images and payment details, cookies, IP addresses, and data relating to the device on which you use online services.	In order to comply with legal obligations and prevent you, the financial sector, Cooperative Bank, or our employees from becoming the victims of fraud, for security reasons and to protect the financial markets, we might check whether you appear in our external or internal referral registers and we have to check whether your name appears in sanction lists. We may use your IP address, device details, and cookies to combat online fraud (DDoS attacks) and botnets.

2.1 How does the Bank collect your Personal Data?

We receive your personal data when you provide it to the Bank, examples include when opening an account, getting into a contract with us(Loan), data you send to us in order that we can contact you and data arising from any group services that we provide. We may also receive your data from business units within the Co-operative Bank of Kenya Ltd Group companies or from other financial institutions in the context of combating fraud, money laundering or terrorism. We may also receive data from others, such as suppliers or other parties we work with, or because you have given another party consent to share data with us. We may also receive data from others, such as public sources like newspapers, public registers and websites.

2.2 How long does the Bank Retain your Data?

We do not keep your data for any longer than necessary to fulfill the purposes for which we collected the data. We have adopted a data retention policy. This policy specifies how long we keep data. In general, we will keep your data for seven years following the termination of the relevant agreement or the ending of your business relationship with Cooperative Bank, unless there is a legal obligation to preserve the data longer e.g. if the regulator asks us to keep specific data for longer in the context of risk models. In some cases, we use shorter retention periods. In specific situations, we may also keep data for longer than we are required by the retention period fixed by us. We will do this if, for example, the judicial authorities request camera images, in which case we will keep the images for longer than we usually do, or if you have submitted a complaint, in which case the underlying data must be kept for longer. Once we no longer require the data for the purposes described before, we may keep the data for archiving purposes, in the event of legal proceedings, or for historic or scientific research purposes or statistical purposes.

2.3 Processing of special categories of Data at the Bank

We process special categories of personal data where this is permitted by law and consent is acquired, this may include the use of Biometrics, criminal convictions, etc. If you give us consent to record special categories of personal data relating to you, or you have made this information public yourself, we will only process the information if this is necessary so that we can provide our services. If you have given us consent to record special categories of personal data, you may withdraw that consent at any time. To do this, please contact your Relationship Manager or through our official communication channels.

2.4 Does the Bank use Automated Individual Decision-making including Profiling?

We will only decide based solely on automated processing including profiling which produces legal effects concerning you or significantly affects you, in case it is allowed by law and we have gained consent. We do not envisage that any decisions will be taken about you that produce legal effects or significantly affects you. 2.5 Who at the Bank has access to your Data? Within Cooperative Bank your personal data can be accessed only by individuals who need to have access owing to their role and for official business purposes. All these people are bound by a duty of confidentiality.

2.6 Does the Bank use your Personal Data for any other purpose?

If we want to use the information for any purpose other than the purpose for which it was obtained, we may do this if the two purposes are closely related. If there is not a sufficiently strong correlation between the purpose for which we obtained the data and the new purpose, we will ask you to give your consent. If you have given us consent, you may withdraw that consent at any time. To do this, please contact your Relationship Manager or through our official communication channels.

2.7 Does the Bank Transfer your data to other countries outside Kenya?

Within the Co-operative Bank of Kenya Ltd Group Companies, your personal data may be shared by Group Businesses, for example, because you ask us to do this, or because you also purchase a product from a different division of the Bank. Information that has been used to establish your identity may also be used by another division of the Bank with which you want to do business. Outside the Co-operative Bank of Kenya Ltd Group Companies, we also transfer data if this is necessary in order to perform our agreements with you. For example, we use third parties such as SWIFT to enable you to make payments. Other Branches or Companies in the CO-OP Bank Group (i.e. Co-op Bank, its subsidiaries, and affiliates), any regulatory, supervisory, governmental or quasi-governmental authority with jurisdiction over Co-op Bank Group members, any agent, contractor or third-party service provider, professional adviser or any other person under a duty of confidentiality to the Co-op Bank Group, credit reference agencies and, in the event of default, debt collection agencies, any actual or potential participant or sub-participant in, assignee or transferee of, any of the Co-op Bank Group’s rights and/or obligations in relation to you. These third parties are subject to supervision by their regulators. If we transfer your data to other parties outside Kenya, we take additional measures to protect your data. Cooperative Bank may leverage on technologies such as Cloud, which may result in your data being shared and stored in different jurisdictions. However, in such cases, the highest level of protection will always be embedded to safeguard your data.

2.8 Customer Data Rights at the Bank

a) Right to Access

You may ask through the branch or relationship manager to access all the information that we have and process in relation to you. The data protection office shall respond to such requests as stipulated by the law.

b) Right to be Forgotten

You may request that we erase data concerning yourself that we have captured, for example, if you object to the processing of your personal data. Your interest must also be greater than the Bank’s interest in processing the data.

c) Right to Data Portability

You have the right to request the Bank to supply you with data that you previously provided to the Bank in the context of a contract with us or with your consent, in a structured, machine-readable format, or that we transfer such data to another party. If you ask us to transfer data directly to another party, we can do this only if this is technically feasible.

d) Right to Rectification

If you believe your personal data has been processed incorrectly or incompletely, you may request that we change or supplement the data.

e) Right to restriction of processing

You may request that we restrict the personal data relating to you that we process. This means that we will process fewer personal data relating to you.

f) Right to object to Direct Marketing

You have the right to request the Bank to stop sending marketing communication. You can place your request to the Contact center or branch.

2.9 Consequences of Withdrawal of Consent

By withdrawing your consent for the processing of your personal data, you may no longer have access to certain services or products offered by the bank, including but not limited to new banking products, loans, and account management services. The bank may also be unable to process specific requests such as transactions, account updates, credit applications, retrieve or receive certain historical information. Withdrawal of consent may also impact your receipt of marketing communications, offers, and updates. While the bank may still retain certain data for legal or regulatory purposes, the withdrawal of consent may disrupt your personalized services, including financial advice or account alerts.

3.0 Whom to contact to place a complaint or log in an inquiry regarding Personal Data

If you have any questions concerning the processing of personal data by us, please contact: Your Relationship Manager or Branch with which you do business. In the case of matters concerning the exercising of your rights and other questions about the processing of your personal data kindly contact us on dataprotection1@co-opbank.co.ke or through our official communication channels.

4.0 Right to amend this privacy statement

We reserve the right to amend this privacy statement at any time. All amendments to this privacy statement will be posted on the website and also available at the branches. Unless otherwise stated, the current version shall supersede and replace all previous versions of this privacy.

YEA Privacy Policy

PRIVACY POLICY

This privacy policy outlines how the YEA APP, developed by The Co-operative Bank of Kenya Ltd (hereinafter “the Bank”, “We", "Us" or "Our" in this policy), processes your personal data. Our commitment to respecting your privacy and safeguarding your personal data remains a top priority.

1. Introduction

This policy provides information on how we collect, use, share, and protect your personal data when you use the YEA APP. By using the YEA APP, you agree to the terms outlined in this privacy policy.

2. Terms Used in this Policy

YEA APP (or APP): Refers to this application developed by The Co-operative Bank of Kenya Ltd, used for digital account opening and related services.
Personal Data: is any information that relates to an identified or identifiable individual during the use of this APP.
Processing Data: Any action performed on personal data, including collection, storage, use, transfer, and removal.
Cookies: are small files that are placed on Your computer, mobile device or any other device by, containing the details of Your browsing history on this among its many uses.
You, Your: terms used to describe the individual accessing or using this APP, or other legal entity on behalf of which such individuals is accessing or using the APP, as applicable.
Usage Data: refers to data collected automatically, either generated by the use of the APP or from the APP infrastructure itself (for example, the duration of a page visit).
Service: refers to the activities provided by the YEA APP, including the functionalities, features, and assistance offered through the YEA APP, including but not limited to digital account opening and related services. The Service may be accessed via the YEA APP on mobile devices or through the website, depending on the context in which it is utilized.

3. Whose Personal Data Does the YEA APP Process and How Is It Collected?

We process personal data for individuals who use the YEA APP to open a digital account or show interest in the APP's services and features. We collect personal data directly from you when you: - Open an account using the YEA APP. - Use the APP’s services and features.

4. Data Collection and Usage

4.1 Types of Data Collected

4.1.1 Personal Data

While using this APP, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to;

First and last name
National identity card document
Phone Number
Kenya Revenue Authority (KRA) PIN
Email address
Date of birth
Postal address, Nationality, county, town, physical address
Marital status
Source of income

4.1.2 Sensitive Data

Facial Images: Photos/pictures Video images
Financial information
Payment recipient contact from contact list

4.1.3 Usage Data

Usage Data is automatically collected when you are using the YEA APP on your mobile device. This data may include but not limited to your device's Internet Protocol (IP) address, browser type, pages visited within the app, duration of visits, and unique device identifiers, Type of mobile device, Unique ID of your mobile device, IP address of your mobile device, Mobile operating system, Type of mobile Internet browser used, Unique device identifiers and other diagnostic data. We may also collect the above information that Your browser sends whenever You visit our Service or when You access the Service by or through a website. Permissions for Location data: During your use of the APP, and with your prior consent, we may also collect information regarding your location. This information is utilized to enhance and tailor the features of our service. It may be stored on your device or uploaded to our servers or those of our service providers. You retain the option to enable or disable access to this information at any time through your device settings.

5. Storage of Your Personal Data

Your data is securely stored on our premises, within our servers, and backed up regularly to ensure its integrity and availability. We employ industry-standard security measures to protect your information from unauthorized access, and access to your data is strictly controlled and limited to authorized personnel only.

6. Use of Your Personal Data

The Bank may use Personal Data for the following purposes:

We may share Your personal information in the following situations:

With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, for payment processing, to contact You.
For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of the Bank’s assets, financing, or acquisition of all or a portion of Our business to another company.
With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
With Your consent: We may disclose Your personal information for any other purpose with Your consent.

7. Retention of Your Personal Data

The Bank will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies. Generally, the Central Bank of Kenya requires Us to retain financial information for a minimum of seven years post-termination of the business relationship. The Bank will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

8. Transfer of Your Personal Data

Your information, including Personal Data, is processed at the bank's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to, and maintained on computers located outside of Your town, country, or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction. Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer. The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including security of Your data and other personal information.

9. Disclosure of Your Personal Data

Business Transactions: If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy. Law enforcement: Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency). Other legal requirements: The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

Comply with a legal obligation
Protect and defend the rights or property of the Company
Prevent or investigate possible wrongdoing in connection with the Service
Protect the personal safety of Users of the Service or the public
Protect against legal liability
Use the app’s services and features.

10. Processing of Special Categories of Data

We may process special categories of data, such as biometric data (e.g., fingerprints, facial recognition data), with your explicit consent and as the purposes highlighted in this privacy policy. This processing is important for enhancing security measures, ensuring accurate identity verification, and providing you with a seamless and secure user experience. Your consent to process this data can be withdrawn at any time, and we will cease processing your biometric data upon receiving such a request. However, please note that withdrawing your consent may impact your ability to use certain features of the APP that rely on biometric data for authentication and security purposes.

11. Automated Decision-Making and Profiling

We may use automated decision-making and profiling technologies to deliver personalized services and enhance your overall user experience. These processes involve analyzing your personal data, such as your usage patterns, preferences, and behavior, to make informed decisions and provide you with relevant recommendations, offers, and content. Automated decision-making and profiling help us to:

Customize the services and features available to you within the APP.
Improve the efficiency and accuracy of our services by swiftly processing your data to make real-time decisions.
Enhance fraud detection and prevention by identifying unusual activities and patterns.
Provide targeted marketing and promotional offers that are tailored to your interests and needs.

These automated processes are conducted in compliance with all relevant legal requirements and with your explicit consent.

12. Your Rights

You have the following rights regarding your data:

Right to Access: Request access to your personal data.
Right to be Deletion: Request data erasure under certain conditions.
Right to Data Portability: Request your data in a structured, machine-readable format.
Right to Rectification: Request corrections to your data.
Right to Restriction: Request limited processing of your data.
Right to Object to Direct Marketing: Request cessation of marketing communications.

Before you can exercise your rights, we may require you to provide identity information in order to fulfill the know your customer (KYC) requirements in accordance with the Central Bank of Kenya guidelines.

13. Security of Personal Data

Your personal data security is a top priority for us. We employ robust measures to safeguard your information, utilizing industry-leading encryption and security protocols. While we continuously strive to ensure the highest level of protection, it's important to recognize that absolute security is a shared responsibility. We are committed to maintaining the integrity and confidentiality of your data throughout your interactions with Us.

14. Children’s Privacy

Our Service does not address anyone under the age of 18. We do not knowingly collect personally identifiable information from anyone under the age of 18. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us.

15. Links to Other Websites

Our APP may contain links to other websites that are not operated by Us. If you click on a third-party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

16. Contact for Complaints or Inquiries

For any questions or to exercise your rights, contact us as follows:

Email: dataprotection1@co-opbank.co.ke
Visit any of our branches countrywide for support
Contact your Relationship Manager: Through your designated branch or manager.

17. Amendments to this Privacy Policy

We reserve the right to amend this policy. Any changes will be posted on our APP and website, and the current version will supersede previous versions.

Privacy Statement

1. PRIVACY STATEMENT

This statement provides information on how The Co-operative Bank of Kenya Ltd (hereinafter “the Bank” approaches processing your personal data. Our focus and commitment to respecting your privacy and safeguarding your personal data remain stronger than ever.

1.1 Terms used in this Statement

Personal Data

Information that directly or indirectly identifies or says something about you is referred to as personal data. Examples include your name and address, and information such as your income. Information relating to a sole trader, commercial partnership, or professional partnership is also considered personal data.

Processing Data

Processing means anything that can be done with personal data. This includes the collection, storage, use, transfer, and removal of data. Whose Personal Data does the Bank process? We process personal data if we have, want to have, or have had a business relationship with you, or if we have had contact with you. The people whose personal data we process include:

Existing bank clients both domestic and foreigners
Potential bank customers
People who show an interest in the Bank’s products and services are people who are connected in another way with a business or organization with which we have, want to have, or have had a business relationship, such as third-party participants
Security providers and guarantors

2. WHICH DATA DOES THE BANK PROCESS?


Types of Data	What kind of data might be involved	Examples of how the Bank uses the data
Information that allows an individual to be identified directly or indirectly	Name, address, telephone number, e-mail address, and information provided in your identity documents to fulfill the Bank’s Know your customer (KYC) requirements	For identification purposes, to draw up an agreement/contract or to contact you
Information relating to or used for agreements/contracts or financial statements	Information about your financial situation, and the products you have. Information used for obtaining finance	To assess credit worthiness, or to assess whether a product is suitable for you
Payment and transaction data	When a payment is made, information about the person you paid or who paid you, when the payment took place and what the balance in your account is	To ensure correct/timely processing of funds is performed. Also, for anti-money laundering/counter-terrorism financing and sanctions monitoring. For your security and ours.
Special categories of personal data/criminal data	Information concerning your health, information about criminal convictions, data that reveal your ethnic origin or political inclinations, Biometric data	The Bank processes biometric data for identification purposes. In the context of combating terrorism and tax obligations, we are required to record information about your country of birth. In addition, we may record special categories of data such as Criminal data in the context of Anti-Money Laundering
Recorded calls, documentation of e-mails and physical access, CCTV	Cookies, IP address, and data relating to the device on which you use our online services or our website.	To enable our online services to be used and to combat fraud. To improve our website. For displaying targeted adverts or banners. Identifying customers after they have logged in by storing a temporary reference number of cookies so that the Bank web server can conduct a dialogue with the customer while simultaneously dealing with other customers. Allowing customers to carry information across pages of our site and avoid having to re-enter the same information. Enabling the Bank to evaluate the effectiveness of its advertising and promotions. Enabling the Bank to produce statistical information (anonymous) which helps it to improve the structure and content of its website.
Data we receive from third parties	Data may be obtained from Credit Reference Bureaus, Company Registry	We use this information to check Directors and credit rating details.
Data we share with Third parties	Financial information and transaction data upon request of the relevant enforcement agencies and regulators. Data we provide to other businesses within the Group that we engage to help us provide services. Data you have asked us to share with another party. Information required to meet our regulator or legal reporting commitments.	We are required to provide specific data to tax authorities and to the regulator. You may also ask us to share specific data with a third party. We may be required to share with the relevant authorities and regulatory bodies as part of compliance with the Anti-Money Laundering, Counter Terrorism Financing, and Fraud prevention laws and/or regulations.
Data we require to combat fraud, to ensure your security and ours, and to prevent money laundering and the financing of terrorism	The data we keep in our internal and external referral registers, sanction lists, location information, transaction data, identity information, camera images and payment details, cookies, IP addresses, and data relating to the device on which you use online services.	In order to comply with legal obligations and prevent you, the financial sector, Cooperative Bank, or our employees from becoming the victims of fraud, for security reasons and to protect the financial markets, we might check whether you appear in our external or internal referral registers and we have to check whether your name appears in sanction lists. We may use your IP address, device details, and cookies to combat online fraud (DDoS attacks) and botnets.

2.1 How does the Bank collect your Personal Data?

We receive your personal data when you provide it to the Bank, examples include when opening an account, getting into a contract with us(Loan), data you send to us in order that we can contact you and data arising from any group services that we provide. We may also receive your data from business units within the Co-operative Bank of Kenya Ltd Group companies or from other financial institutions in the context of combating fraud, money laundering or terrorism. We may also receive data from others, such as suppliers or other parties we work with, or because you have given another party consent to share data with us. We may also receive data from others, such as public sources like newspapers, public registers and websites.

2.2 How long does the Bank Retain your Data?

We do not keep your data for any longer than necessary to fulfill the purposes for which we collected the data. We have adopted a data retention policy. This policy specifies how long we keep data. In general, we will keep your data for seven years following the termination of the relevant agreement or the ending of your business relationship with Cooperative Bank, unless there is a legal obligation to preserve the data longer e.g. if the regulator asks us to keep specific data for longer in the context of risk models. In some cases, we use shorter retention periods. In specific situations, we may also keep data for longer than we are required by the retention period fixed by us. We will do this if, for example, the judicial authorities request camera images, in which case we will keep the images for longer than we usually do, or if you have submitted a complaint, in which case the underlying data must be kept for longer. Once we no longer require the data for the purposes described before, we may keep the data for archiving purposes, in the event of legal proceedings, or for historic or scientific research purposes or statistical purposes.

2.3 Processing of special categories of Data at the Bank

We process special categories of personal data where this is permitted by law and consent is acquired, this may include the use of Biometrics, criminal convictions, etc. If you give us consent to record special categories of personal data relating to you, or you have made this information public yourself, we will only process the information if this is necessary so that we can provide our services. If you have given us consent to record special categories of personal data, you may withdraw that consent at any time. To do this, please contact your Relationship Manager or through our official communication channels.

2.4 Does the Bank use Automated Individual Decision-making including Profiling?

We will only decide based solely on automated processing including profiling which produces legal effects concerning you or significantly affects you, in case it is allowed by law and we have gained consent. We do not envisage that any decisions will be taken about you that produce legal effects or significantly affects you.

2.5 Who at the Bank has access to your Data?

Within Cooperative Bank your personal data can be accessed only by individuals who need to have access owing to their role and for official business purposes. All these people are bound by a duty of confidentiality.

2.6 Does the Bank use your Personal Data for any other purpose?

If we want to use the information for any purpose other than the purpose for which it was obtained, we may do this if the two purposes are closely related. If there is not a sufficiently strong correlation between the purpose for which we obtained the data and the new purpose, we will ask you to give your consent. If you have given us consent, you may withdraw that consent at any time. To do this, please contact your Relationship Manager or through our official communication channels.

2.7 Does the Bank Transfer your data to other countries outside Kenya?

Within the Co-operative Bank of Kenya Ltd Group Companies, Your personal data may be shared by Group Businesses, for example, because you ask us to do this, or because you also purchase a product from a different division of the Bank. Information that has been used to establish your identity may also be used by another division of the Bank with which you want to do business. Outside the Co-operative Bank of Kenya Ltd Group Companies, We also transfer data if this is necessary in order to perform our agreements with you. For example, we use third parties such as SWIFT to enable you to make payments. Other Branches or Companies in the CO-OP Bank Group (i.e. Co-op Bank, its subsidiaries, and affiliates), any regulatory, supervisory, governmental or quasi-governmental authority with jurisdiction over Co-op Bank Group members, any agent, contractor or third-party service provider, professional adviser or any other person under a duty of confidentiality to the Co-op Bank Group, credit reference agencies and, in the event of default, debt collection agencies, any actual or potential participant or sub-participant in, assignee or transferee of, any of the Co-op Bank Group’s rights and/or obligations in relation to you. These third parties are subject to supervision by their regulators. If we transfer your data to other parties outside Kenya, we take additional measures to protect your data. Cooperative Bank may leverage on technologies such as Cloud, which may result in your data being shared and stored in different jurisdictions. However, in such cases, the highest level of protection will always be embedded to safeguard your data.

2.8 Customer Data Rights at the Bank

a) Right to Access You may ask through the branch or relationship manager to access all the information that we have and process in relation to you. The data protection office shall respond to such requests as stipulated by the law. b) Right to be Forgotten You may request that we erase data concerning yourself that we have captured, for example, if you object to the processing of your personal data. Your interest must also be greater than the Bank’s interest in processing the data. c) Right to Data Portability You have the right to request the Bank to supply you with data that you previously provided to the Bank in the context of a contract with us or with your consent, in a structured, machine-readable format, or that we transfer such data to another party. If you ask us to transfer data directly to another party, we can do this only if this is technically feasible. d) Right to Rectification If you believe your personal data has been processed incorrectly or incompletely, you may request that we change or supplement the data. e) Right to restriction of processing You may request that we restrict the personal data relating to you that we process. This means that we will process fewer personal data relating to you. f) Right to object to Direct Marketing You have the right to request the Bank to stop sending marketing communication. You can place your request to the Contact center or branch.

2.9 Whom to contact to place a complaint or log in an inquiry regarding Personal Data

If you have any questions concerning the processing of personal data by us, please contact:

Your Relationship Manager or Branch with which you do business. In the case of matters concerning the exercising of your rights and other questions about the processing of your personal data kindly contact us on dataprotection1@co-opbank.co.ke or through our official communication channels.

Right to amend this privacy statement We reserve the right to amend this privacy statement at any time. All amendments to this privacy statement will be posted on the website. Unless otherwise stated, the current version shall supersede and replace all previous versions of this privacy.

Online banking solution T&C

Definitions In these Terms and Conditions:

Introduction

The relationship between the Bank and the Customer in regards to use of the Bank's Online Banking Solution Service is governed by the following general terms and conditions and apply subject to any further agreement in writing except where the said terms and conditions are in conflict with the Laws of the state in which case the Laws of state will take precedence.
You are advised to read them carefully. They are in addition to the Terms and Conditions applicable to the various products and services featured by the Bank, and all other legal and regulatory information detailed elsewhere, in the Bank's Website i.e. These Terms and Conditions, Your Account Terms and Conditions of Use, Bank’s General Terms and Conditions and any other document deemed relevant by the bank together form the agreement between You and Us regarding Your use of the Service.
If there is any conflict between these Terms and Conditions and Your Account Terms in respect of your use of the Service, these Terms and Conditions will prevail. If there is any conflict between these Terms and Conditions and Your Account Terms in respect of Your Account, Your Account Terms will prevail.
The Customer warrants that all and any information provided in the Online Banking Solution platform is accurate. Any changes thereto must be notified to the Bank promptly and where necessary a form shall be completed and submitted.

Scope of Service

The Service is available to both customers who hold an Account with the bank in any of its subsidiaries and also non-account holders who will be able to get payment services from the platform. The Service uses a high level of encryption and the use of such encryption may be illegal in some countries outside of Kenya. If you use the Service outside Kenya, You are responsible for ensuring that your use of the Service is permitted by local laws and we shall not be liable for any inconvenience loss or damage suffered by you as a result of You not being able to use the Service in these countries.

Copyright and Trade Marks

Our Online Banking Solution and the copyright in the content of and materials featured on the Online Banking Solution platform are owned by or licensed to us.
"Co-operative Bank of Kenya Limited", "The Kingdom Bank" , Co-operative Bank of South Sudan" and certain other names, words, images or logos identifying Us and the products and services featured in Our Online Banking Solution platform are the property and trademarks of the Bank. Certain other names, words, images or logos may constitute trade names or unregistered trademarks of the Bank.
The names and logos of third parties mentioned in the Online Banking Solution may be the trade marks, trade names or unregistered trade marks of those third parties and are used by the Bank with the permission (express or implied) of such parties.
You may view, print, download or store temporarily extracts from Our Online Banking Solution for Your own personal reference or for the purpose of applying to Us to access or use the products and services featured on Our Online Banking Solution. No other use (including, without limitation, the alteration, deletion, utilisation or extraction) of the content and materials featured on Our Online Banking Solution permitted without Our written permission. Otherwise than as provided, Our Online Banking Solution cannot, whether in whole or as to any part, be copied, reproduced, distributed or transmitted in any medium (including, without limitation, by the internet) without Our written permission.

Third Party Products, Services and Websites

The Online Banking Solution platform may feature the products and services of, and may contain materials produced by, third parties. The inclusion of such products, services and materials and any statements made about them does not constitute advice that they are available to or suitable for You. You must ensure that any third party product or service is suitable for Your specific needs.
The Online Banking Solution may, from time to time, refer to third party products and services. We do not warrant, and are not responsible for, the quality, efficacy or availability of such products and services.
The Online Banking Solution may contain various links to third party websites over which We have no control. Such links are provided for convenience only and are accessed at Your own risk.
We are not responsible for the content of products and services offered by, or any other matters (including, but not limited to, the privacy of Your information) relating to, any linked third party website. Any claim relating to any third party product or service must be made to the provider of the third party product or service.
We are not responsible for any loss or damage (including, but not limited to, any direct, indirect, special, incidental or consequential damage (including the loss of profit)) relating to the products and services of third parties which are featured in or linked to the Platform.
Any dealings by You with any third party on or through the Platform are between You and that third party and We are not responsible for any losses or damages that may arise from any such dealings.
No third party website may in any way be linked to the Platform without Our prior written consent.

Access to The Service

1. You are responsible for obtaining and maintaining Your Equipment and for ensuring that it is compatible with the Service. We have no responsibility or liability with respect to Your Equipment. We will notify You of the minimum specifications required to enable You to access and use the Service.
2. We may change the minimum specification You require to access the Service at any time. We will notify you of such a change by placing a message on Our Website. We do not accept responsibility if any such change in specification results in Your Equipment becoming incompatible with Our Platform or becoming unable to perform within Our Platform all of the functions previously performed.
3. You will be responsible for the cost of all charges You incur in accessing and using Our Platform.
4. We cannot guarantee the speed with which You will be able to access and use the Service (as it will depend upon factors such as the specification of Your Equipment and the number of people using/accessing Our Platform at the same time) or that You will have uninterrupted or continuous access to the Service.
5. The Bank does not warrant that the Platform or services provided therein will operate without any interruption and shall not be liable for any interruption of the services or its consequences.
6. We may suspend or terminate Your access and use of the Service at any time with or without notice for upgrade, expansion, maintenance, repair activities, an emergency reason or any other reason the bank deems as valid. If We do this, You may not be able to operate an Account which is dependent on the Platform and You may need to make alternative arrangements or use our alternative channels if available.
7. You are responsible for getting an appropriate connection with an Internet Service Provider or Cellular Network Service Provider in order to access the Service.
8. We shall control, direct and establish technical procedures for using the Service/Platform (and We may vary them from time to time). You agree to follow Our instructions and adhere to Our procedures when using the Service/Platform as notified to You from time to time.
9. We shall be entitled to make operational changes to and alter the facilities available under the Service at any time. We will notify You of significant changes.
10. You are responsible for ensuring that Your Instructions (including all the details We may require to carry out Your Instructions) and any information You give to Us is accurate and complete. We shall not be liable for any loss or damage You suffer if they are in any way inaccurate or incomplete.
11. You agree that any material and/or information downloaded or otherwise obtained through the use of the Service is at Your own discretion and that You will be responsible for any damage to Your Equipment or loss of data that results from the download of such material and/or data.
12. We shall use reasonable endeavors to keep the Service free from viruses and corrupt files but We do not warrant that the Service is free from infection by viruses or anything else with contaminating or destructive properties. We recommend that where practicable You "virus check" information sent to You by Us. We shall not be liable for any corrupt information sent to You by Us or for any corrupt information You send to Us.
13. If We receive an Instruction before 3:00pm East African time on a Business Day We will use all reasonable efforts to comply with that Instruction on that Business Day. If We receive an Instruction after 3:00pm on a Business Day We will use all reasonable efforts to comply with that Instruction during the course of the next Business Day. However, We may in Our absolute discretion refuse to carry out any Instruction or reverse any action taken by Us in response to any Instruction.
14. You undertake to co-operate fully with Us in any investigation We may wish to carry out in relation to the use of the Service.
15. You may not use the Service to overdraw Your Account beyond any facility as previously agreed by Us in writing. If any Instruction causes Your Account to become overdrawn (without Our prior agreement in writing) or to exceed an overdraft limit agreed by Us in writing this does not mean that We will process such Instructions again or that We have agreed to increase Your overdraft limit and you shall be required to immediately take steps to regularize your account.
16. We shall not be required to carry out Instructions in any particular order.
17. We may place messages or directions on Our Website and You should from time to time check Our Website for such messages or directions. If Your Account is internet based it is Your responsibility to ensure that You update Us on any changes to Your email address.
18. You must notify Us immediately via the Helpline if You become aware of any error or any suspected error in the Service or in any transaction resulting from using it. You should check your statements of account carefully.
19. Transaction limits of Kes. 200,000 and Kes. 500,000 are applicable for mobile and web based access respectively. You must issue the bank with duly signed and authorized instructions to modify these default limits to your preferred limit.
20. You must not:
  1. - introduce or attempt to introduce any virus or any other contaminant to Our Platform or any of Our computer systems;
    - in any way attempt to access, alter, de-compile, reverse engineer, destroy or otherwise tamper with any part of Our Platform or any of Our computer systems;
    - interfere with the use of another person's access to or use of Our Platform or access to our Services;
    - obtain access to information relating to another person which is on Our computer system (database);
    - use or attempt to use Our Platform or any of Our computer systems for any unlawful or immoral purpose.
    - Use the Platform or any of Our systems to create a database (electronic or otherwise) that includes material downloaded or otherwise obtained from the Platform or any of Our systems.

Telephone Facility

We operate a Helpline facility to:

enable You to access or use Your Account;
to assist You in using or accessing or obtaining information about Your Account.
All telephone charges You incur in using Our Helpline facility must be paid by You

You accept that:

The records We maintain of any instructions You give to Us will be conclusive evidence of Your Instructions and of the time when they are given (except in the case of an obvious mistake);
We shall not be liable for any loss You may suffer if Your Instructions are inaccurate, incomplete or wrong.
All telephone calls between Us and You may be monitored to make sure that We carry out Your instructions correctly and will be recorded for security, training and quality control purposes.

General Security Information

You must:

Simultaneous order in excess of funds

Where the Bank receives several orders at approximately the same time the total amount of which exceeds the available assets of or the credit granted to the Customer the Bank may honour the orders in whatever manner it thinks fit within the limit of the funds available.

Exclusion of Liability

We shall not be liable to You for any loss or damage (other than that which cannot be excluded in law) which You may suffer as a result of:
Our having acted upon Your Instructions received using the Security Details or following receipt of any information from You;
Any misuse or abuse of the Service by You;
Your Security Details having been disclosed by You to someone else;
Our system for any reason being unavailable;
The acts or omissions by Your Internet Service Provider, Cellular Network Service Provider or aggregation service.
We will be liable for losses (subject to the limitation in clause 10.4) if Instructions are not given by You unless:
You have acted fraudulently; or
You have failed to exercise reasonable care; or
You have failed to follow security requirements in Our Account Terms or these Terms and Conditions including the safeguards in clauses 7 and 8;
the Instruction was made by someone else with Your permission
We shall not be liable for any errors or delay or failure to follow Your Instructions if this is due to anything beyond Our control, for example:
industrial action;
fire, flood, explosion, government act, terrorism;
the failure, directly or indirectly of any power supply, machine, data processing system, data transmission link, or telephone link.
Any liability We may have to You will be limited to the value of the transaction during the course of which such liability arose. We shall not be liable to You in any circumstances for any loss or damage (other than that which cannot be excluded in law) which:
is not direct;
is beyond Our reasonable control; or
which We could not reasonably foresee.
We regularly update Our Website. The content of and the products and services featured in Our Website are subject to change at any time without notice.

Your Liability

You will be liable to Us for (and agree to indemnify Us against) all actions, claims, costs, damages, demands, expenses, liabilities, losses and proceedings We directly or indirectly incur or which are brought against Us if You have:
acted fraudulently;
failed to exercise reasonable care;
misused or abused the Service;
failed to observe and comply with these Terms and Conditions (including clauses 8 and 9).
If You use an account aggregation service (for example, a service that enables You to access on a single web page some or all of Your online accounts, whether with the bank or another financial services provider), You may be liable for any fraud or errors that occur on those accounts as a result. If You choose to use such a service, You should follow any security advice that we or the account aggregation service provider give You.
The security details holder(s) shall be fully liable in respect of each transaction instructions given by the use of his/her security details.
The security details holder should not hold the Bank liable, responsible or accountable in any way whatsoever for any loss, injury or damage however arising out of the use of the Online Banking Solution Service.
The security details holder must query any transaction instruction he/she considers suspicious within one month from the date of the statement.

Termination of the Service

Changes to these Terms and Conditions

We may change these Terms and Conditions and will tell You about any changes by:
writing to You; or
a message on or with Your Account statements; or
a message on Our Website; or
electronic mail.
If the change is to Your disadvantage We shall tell You about it at least thirty (30) days before We make the change effective.
We will make any further changes immediately and tell You about it within thirty (30) days.

Applicable Law

These Terms and Conditions shall be governed by and interpreted in accordance with the relevant state law being Laws of Kenya. We will only communicate with You in English. The relevant state courts shall have sole jurisdiction over any disputes arising from Your use of the Service.

Complaints

We have a complaints procedure in place to ensure that any complaint You may bring to Our attention is dealt with fairly and that it receives a quick response. Any complaint You may have shall be fully investigated.
In the first instance any complaint You may have relating to the Service should be sent to Us via the "Contact Us" area of our Website. We would hope that We would be able to deal with any complaint You may have to Your satisfaction at this stage.
If Your complaint is one which We cannot quickly resolve or resolve to Your satisfaction Your complaint should be forwarded to the address in the "Contact Us" section of our Website.

General

Each of these Terms and Conditions is separate from all other Terms and Conditions, so that if one Legal Term is found to be invalid or unenforceable this will not affect the validity of any of the other Terms and Conditions.
If We do not enforce any of the rights We have under these Terms and Conditions, or if We delay in enforcing them, that does not stop Us from taking any action to enforce Our rights in the future.
The headings used in these Terms and Conditions are for ease of reference only and shall not affect the meaning of these Terms and Conditions.
We or You may contact each other by post, telephone, electronic mail or any other means We agree. We will ask You for Your Security Details when You telephone Us.
If We need to send You a formal notice as deemed in the Bank’s discretion (other than those concerned with the day to day operation of the Account or changes to these Terms and Conditions) We will send the notice by registered post and it will be deemed to be received two (2) days after posting.
You are required to notify Us of any change in your account operating mandates

Bank Charges and expense Interest

The Bank is entitled to be paid by the Customer and at its own discretion may debit the Customer with: 1. Legal Charges Advocate and client costs incurred by the Bank in obtaining legal advice in connection with the Customer's accounts and dealings with the Bank or incurred by the Bank in any legal, arbitration or other proceedings arising out of any dealings in respect of the Customer. 2. Commission Commission at such rates and at such time or times as the Bank decides, with discretion to charge different rates for different Online Banking Solution services. 3. Other charges and expenses In addition the debits authorized by sub-clauses (17.1) and (17.2) above, all other expenses and charges including but not limited to disbursements for cheque books, postages, cables, telephone calls, taxes, duties, impositions and expenses incurred in complying with the Customer's requests.

Payment Services

In consideration the Bank agreeing to make available to the Customer the facility to make payments for different services through the Customer's Online Banking Solution Service (as applied for by the Customer), the Customer agree to be bound by the following terms and conditions:

These terms and condition are additional to, and not exclusive of, the terms and conditions on which the account was opened.
Payment services as applied for herein is thereby included as one of the transaction instructions which the Bank is entitled to give immediate effect to when given by use of the Online Banking Solution Service.
The Bank shall not be liable for the disconnection of the payment services to the Customer for any reason whatsoever.
The Bank will not be liable if initiated payment is not completed by reason partly or wholly of the actions or omissions of the supplier of the utility or of the Customer.
The Bank will not be liable if any payment service is not completed by reasons of equipment or systems failure within the Bank or the utility supplier.

Errors of Transmissions and inadequate Execution of order

All payment orders, exchange operations and sales or purchases of stock, bonds or shares in Kenya or elsewhere, undertaken by the Bank for the account of the Customer shall be at the Customer's own expense. Neither the Bank nor any of its agents or correspondents nor any employees shall be liable for any mutilation, interruption, error or transmission, omission or delay occurring in any transmission medium (including without limitation, cables, airlines, courier services and telex and facsimile systems) however occurring.

Statement deemed approved if not objected to within 28 days

The contents of any statements of account or statement of any other nature which has been sent by the Bank to the Customer, and to which the Customer has not objected within twenty-eight (28) days of receipt thereof, shall be deemed approved by the Customer and shall not thereafter be challenged by the Customer on any ground whatsoever whether lack of mandate forged or inadequate signature of endorsement of cheque, forged alteration thereof or otherwise.

Delay by Customer in lodging complaints

The Bank is not responsible for any matter unless the Customer has made a written complaint to the Bank as soon as reasonably possible.

No duty on Bank to protest

The Bank is not liable for any loss or damage suffered by any party if any dishonored bill is not noted or protested or both. The Bank will nevertheless endeavor to cause dishonored bills to be noted or protested or both, provided that it receives instructions to do so in reasonable time.

Use of SMS Token (OTP)

The Service is to protect the use of the Online Banking Solution by You on the Internet by requiring you to authenticate your identity using a one-time password (“OTP”). The OTP shall be transmitted through the short message service (“SMS”) by the Bank to your mobile number registered under your account for access and transactions that require such OTP for authentication purposes. You will be required to input the OTP (wherever and whenever applicable that you shall be informed and requested to do so) when you access and use the platform to conduct transactions An SMS Token (OTP) is not transferable and may not be used other than by the mobile phone holder.

An SMS Token (OTP) may only be used subject to the terms of the Service current at the time of use.
An SMS Token (OTP) may only be used during the validity period indicated on the SMS Token (OTP).
The SMS Token (OTP) will be used as an authentication tool to validate customer transactions
All transactions authenticated using the SMS Token (OTP) will be deemed to be valid and instituted by the customer
In the absence of manifest error, the Bank's records as to any transaction instructions or their consequences thereof, shall be conclusive.
Safeguarding the mobile phone
A mobile phone holder must exercise all due care and attention to ensure the safety of the mobile phone and the secrecy of its contents at all times and to prevent the use of his/her SMS Token (OTP) by any third party.
If user’s mobile phone is lost or stolen or if it's contents are disclosed to any unauthorized person, the mobile phone holder(s) must immediately notify the Bank of such loss, theft or disclosure. Any oral notification must be confirmed in writing immediately. The mobile phone holder(s) must be liable in respect of any transaction instruction given prior to receipt by the Bank of notification of such loss, theft or disclosure.
The mobile phone holder will give the Bank all information as to the circumstances of the loss, theft or misuse of the SMS Token (OTP). The bank will take reasonable measures in preventing further use of SMS Token (OTP) via customer’s mobile phone. In the event of such loss, theft or misuse being suspected, the Bank may provide the police with any information it considers relevant.

Non-Repudiation

Until and unless you notify the bank otherwise, all instructions received by the bank which are associated with your Online Banking Solution credentials shall be deemed to have come from you, and the bank shall be entitled to rely on such instructions, whether they actually originated from you or not. You acknowledge that the bank may not be able to reverse or annul any transaction executed based on instruction received prior to your notice to the bank.

Indemnity

You hereby indemnify and hold indemnified the bank against any loss, claim and/or damage that may raise due to negligence, fraud, collusion or violation of these terms on your and/ or a third party's part.

Disclosure

Information and instructions received from You through the service will be stored by the bank and accessed by employees of the bank (as is deemed necessary).

Force Majeure

Notwithstanding any provision contained in this Agreement, We shall not be liable to You to the extent fulfilment or performance of any terms or conditions of this Agreement is delayed or prevented by revolution or other civil disorders; wars; acts of enemies; strikes; lack of available resources from persons other than us; labour disputes; electrical equipment or cellular network failure; fire; floods; acts of God; Government or Regulator action; or, without limiting the foregoing, any other causes not within its control, and which by the exercise of reasonable diligence the Bank is unable to prevent, whether in the class of causes hereinbefore enumerated or not. If any majeure event occurs, we will give prompt written notice to you and will use commercially reasonable efforts to minimize the impact of such event.

Privacy Statement

The bank is committed to protecting the privacy of the information We obtain from You. This information shall be obtained on each occasion that You access the Platform and when You apply for or use any product or service featured in the Platform. The bank aims to provide a service, which meets Your individual requirements and needs. By accessing and using the Service/Platform You confirm Your consent to the bank collecting and using Your information in accordance with this Privacy Statement and the section entitled "Use of Your Information" on the application form. 1. Third party websites You need to be aware that third party websites which are linked to the Online Banking Solution or which You may need to access and Use to obtain any third party products or services featured on the Website may contain privacy provisions that differ from this Privacy Statement. Such third parties may use Your information differently to the way in which We shall Use it. 2. Use of e-mail (including e-mail Alerts) Given that an e-mail message is sent through a number of computers over which We have no control You need to be aware that any message You send to Us or We send to You may not be secure, any data contained therein may be intercepted by or otherwise become available to a third party and We cannot guarantee the timescales within which We shall receive Your messages or You shall receive Our messages. We do not in any way control the information or materials ("Information") contained in e-mail messages. However, We reserve the right (which We may exercise at any time, at Our sole discretion and without notice) to delete, move or edit such information. In sending such Information, You waive any moral rights You may have in it. 3. Security of Your Information You acknowledge the Internet or Cellular Service Provider’s Network is not an entirely secure medium for communication and, accordingly, We cannot guarantee the security of any information You send to Us via the Internet or through Cellular Service Provider’s Network. We are not responsible for any damages You, or others, may suffer as a result of the loss of confidentiality of such information. 4. Cookies We, and on Our behalf, Our tracking partners, may use cookies (small files stored on Your computer) to measure platform usage and improve the service that We offer to You. We do not store any personal information that other organizations could read or understand and We do not monitor Your visits to other websites not hosted by Us. If You wish to turn off Our cookies please type "Cookie" in the index of the "help" facility in Your browser, but please note that turning off cookies may limit Your use of Our Service and/or Platform.

NEW FEATURES

We may, from time to time, in our sole discretion, introduce new products, services and features to the Services/Platform or modify or delete existing features. We shall notify you of any of these changes if we are legally required to do so. By using any new or modified products, services or features when they become available, you agree to be bound by these Terms and Conditions, as well as any additional terms and conditions specifically applicable to these new offerings. 1. User Acknowledgement of Responsibility in Recipient Verification By using the Co-operative Bank's services, you acknowledge and consent to the following; 2. To enhance the security of your transactions, we may use the details of recipients of transactions involving our services. This information will be used for the purpose of allowing you to verify the recipient before completing a transaction. 3. It is the responsibility of the sender to verify the recipient's details before completing any transaction. The Bank shall not be responsible for any errors, discrepancies, delays or omissions in the recipient’s details verification. 4. The Bank shall not be liable for any direct, indirect, incidental, consequential or punitive damages arising out of or related to the use of our recipient verification feature.

SERVICE FEES

There may be a charge in connection with your use of some of the features available through the Services. Please refer to the Schedule of Fees applicable to your accounts for more information. We reserve the right at any time to change, add or modify any fees and charges. You agree to pay such fees and authorize us to deduct such fees from any accounts you maintain with us. If there are insufficient funds in your accounts to pay these fees, you agree to promptly remit payment to the Bank upon demand and the Bank also retains the discretion to effect or not any instructions where fees are not sufficient.

SEVERABILITY

If any provision of these Terms and Conditions is determined to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms and Conditions will not be affected thereby, and each of those provisions will be valid and enforceable to the fullest extent permitted by law.

CAPTION HEADINGS AND INTERPRETATION

The caption headings are for convenience or reference purposes only and are not to be construed as a summary of each provision of this Agreement. Unless it would be inconsistent to do so, words and phrases used in this document should be construed so that the singular includes the plural and the plural includes the singular.

Co-operative Banking Account General Terms and Conditions

The relationship between the Bank and the Customer is governed by the following general terms and conditions and subject to any further agreement in writing except where the said terms and conditions are in conflict with the Laws of Kenya in which case the Laws of Kenya will take precedence. Specific terms shall apply to specific accounts and products or service and are available to the Customer upon request.

Definitions

“This Agreement” means the agreement between the Bank and the Account holder, the terms of which are these Conditions of use as may be varied from time to time.
“We”, “Our”, “Us”, “The Bank” means Co-operative Bank of Kenya Limited.
“Customer”, “You”, “Your” means any or all persons named on the application form for the Co-operative Bank of Kenya Limited Account, Mobile Banking or Internet Banking Service;
“Bank Account” means any account maintained by the Bank, which the accountholder(s) is/are entitled to operate, in respect of which the accountholder(s) has/have requested to be able to give transaction instructions.
“ATM” means Automatic Teller Machines
“Card” means the Visa Electron debit, credit or prepaid card issued by the Bank at the request by the customer separately or within a product bundle and in the name of the person named upon it or entity for use in connection with debit/credit/prepaid card facilities provided by the Bank.
“Cardholder” means any authorized user for whose use the Bank issues a Card.
“Authorized User” a person nominated to whom the Bank shall have issued a Card.
“Transaction Instruction” means any instruction given by the customer in connection with use of the account.
“PIN” means the Personal Identification Number required to gain access via an ATM terminal or Point of Sale terminal to give a transaction instruction.

TO DOWNLOAD THE FULL CO-OPERATIVE BANKING ACCOUNT GENERAL TERMS AND CONDITIONS CLICK HERE

If you have any questions about this privacy and security statement, please email us on customerservice@localhost