Legal
JSWAY Privacy Policy
1. About this Privacy Policy
This Privacy Policy explains how JSWAY collects, uses, stores, shares and protects personal data when you visit jsway.com, join a waitlist, create or use a JSWAY account, submit nail measurements or design references, order a custom nail set, arrange delivery or salon collection, contact support, or use a JSWAY mobile application or related digital service (together, the “JSWAY Services”).
JSWAY is operated by (JSWAY LEGAL ENTITY NAME), registration number (REGISTRATION NUMBER), of (POSTAL ADDRESS, KENYA) (“JSWAY”, “we”, “us” or “our”). For personal data that we collect and use for JSWAY’s own purposes, (JSWAY LEGAL ENTITY NAME) is the data controller. Privacy questions and requests may be sent to (EMAIL), telephone +254706314811, or the address above.
This Policy is intended for JSWAY only. It does not govern Pesacom or any unrelated product, business or website, each of which should maintain its own privacy notice.
2. Our Privacy Commitments
- We collect personal data only for clear, specified and legitimate purposes connected to the JSWAY Services.
- We aim to collect only what is reasonably necessary for those purposes and to keep information accurate and no longer than needed.
- We do not sell personal or sensitive user data.
- We use reasonable technical and organizational safeguards designed to protect personal data against loss, misuse, unauthorized access, disclosure, alteration or destruction.
- Where we rely on consent, you may withdraw it subject to applicable law. Refusing optional processing will not be treated as consent.
- We seek to ensure that our privacy disclosures, mobile app permissions and Google Play Data safety declarations remain consistent with our actual data practices.
3. Personal Data We Collect
| Category | Examples of data | Why it may be needed |
|---|---|---|
| Identity and contact | Name, email address, mobile/telephone number, username or customer ID. | Account creation, waitlist registration, order communication, support and identity verification where necessary. |
| Delivery and collection | Delivery address, delivery instructions, preferred collection salon/location and related fulfilment information. | To deliver or make your custom order available for collection. |
| Nail sizing profile | Size selected for each finger (including the JSWAY sizing scale), optional curve/profile information, nail-bed length and sizing notes. | To manufacture a custom set that is intended to fit your fingers and to make later reorders easier where you ask us to save your profile. |
| Design preferences | Requested shape, length, colour, finish, art/design choices, written descriptions, inspiration references, sketches, photographs or videos you choose to send. | To understand and produce your requested design, communicate about feasibility and maintain an order record. |
| Order and transaction | Items ordered, customisation choices, price, discounts, order number, payment status, transaction reference, refund/credit information and invoice/receipt details. | Order processing, accounting, fraud prevention, refunds, customer service and legal record keeping. |
| Payment information | Payment method and limited payment metadata. Full card credentials or mobile money credentials should ordinarily be handled by the relevant payment provider rather than stored by JSWAY. | To process payment, deposits, refunds and resolve payment disputes. |
| Account and authentication | Login identifier, password hash or authentication token, account status, security settings and sign-in history. | To create and secure your account and prevent unauthorised access. |
| Communications and support | Emails, chats, support messages, complaints, feedback, reviews, call notes and attachments you send us. | To respond, investigate issues, improve service and keep an appropriate customer-service record. |
| Device and technical | IP address, device type, operating system, app version, language, browser, crash logs, diagnostic data, security events, app integrity signals and similar technical data. | Security, troubleshooting, reliability, fraud/abuse prevention and service performance. |
| Marketing preferences | Opt-in status, messages opened or interacted with, promotional preferences and opt-out records. | To send marketing where lawful and respect your communication choices. |
Optional allergy or sensitivity information. JSWAY does not require medical information as a standard condition for purchasing a nail set. If you voluntarily tell us about an allergy, skin sensitivity or other care-related concern so that we can respond to a service question, that information may amount to health data or other sensitive personal data. We will use it only for the purpose for which you provided it, apply additional safeguards where appropriate and rely on a lawful basis required by applicable law, including explicit consent where necessary. JSWAY does not provide medical diagnosis or treatment.
Photographs and reference content. If you upload a photo or video, it may contain more information than the nail design you intend to share. Please avoid uploading identification documents, confidential material, unrelated persons, precise location information or any content that is not reasonably necessary for your order. We do not use ordinary nail-size measurements as biometric identifiers and do not use them to uniquely authenticate you.
4. How We Obtain Personal Data
- Directly from you when you join the waitlist, create an account, enter contact or delivery details, submit sizes, upload references, place an order, communicate with us or exercise a privacy right.
- Automatically from your browser, device or use of the JSWAY Services through server logs, essential cookies, app-integrity/security tools and analytics technologies that are actually enabled.
- From payment, delivery, authentication, communications or salon/collection providers when they need to confirm a transaction or fulfilment event.
- From a person placing an order for you, provided that person is authorised to provide the information and you are appropriately informed where required by law.
- From lawful public or third-party sources only where reasonably necessary and compatible with the purpose for which the data is used.
5. How and Why We Use Personal Data
| Purpose | Typical data used | Legal basis / justification |
|---|---|---|
| Provide the JSWAY Services | Contact details, sizing profile, design choices, order, delivery and account data. | To perform a contract with you or take steps at your request before entering into one. |
| Create custom nail sets | Sizing information, selected shape/length/design, reference content and order notes. | Contract performance; where optional sensitive information is used, consent or another lawful basis required by law. |
| Save your sizing profile and facilitate reorders | Sizing profile, account/customer ID and order history. | Contract performance and legitimate service administration; consent where specifically required. |
| Payments, deposits and refunds | Order, transaction, payment metadata and contact details. | Contract performance, legal obligations, fraud prevention and legitimate financial administration. |
| Delivery or salon collection | Name, contact details, order identifier, delivery address or selected collection location. | Contract performance and fulfilment of your requested order. |
| Support and complaints | Account, order, communication and relevant technical data. | Contract performance, legal obligations and legitimate interests in resolving customer issues. |
| Security and abuse prevention | Authentication, device, IP, log, integrity and transaction data. | Legitimate interests and legal obligations to protect users, JSWAY and the integrity of the Services. |
| Accounting, tax and legal compliance | Invoices, receipts, transaction and dispute records. | Compliance with legal obligations and establishment, exercise or defence of legal claims. |
| Service improvement and analytics | Aggregated or limited usage, performance and diagnostic data. | Legitimate interests in operating a reliable service, subject to consent where a technology legally requires it. |
| Marketing | Contact details, marketing preferences and campaign interactions. | Consent where required and, where legally permitted, legitimate interests subject to your right to opt out. |
6. Waitlist and Pre-Launch Communications
If you join a JSWAY waitlist using an email address or phone number, we use those details to record your interest, communicate material launch or availability updates and, where you separately agree, send promotional communications. Joining a waitlist does not by itself authorise unrelated advertising. You may leave the waitlist or opt out of promotional messages at any time using the available unsubscribe method or by contacting us.
7. Mobile App Permissions and Device Access
The JSWAY app should request device permissions only when reasonably necessary for a feature you choose to use. For example, if you choose to take or upload a design reference, the app may request camera or photo/media access. If push notifications are enabled, a notification token may be processed to send order, support, or other notifications you have chosen to receive.
Where access to personal or sensitive user data would not be reasonably expected, JSWAY will provide an appropriate in-app disclosure before collecting or accessing that data and obtain the required affirmative consent or Android runtime permission. You may manage permissions in your device settings, although disabling a permission can prevent the related feature from working.
8. Cookies, Analytics and Similar Technologies
jsway.com and the JSWAY app may use strictly necessary technologies for login, security, fraud prevention, session management, shopping-cart functionality, preferences and service delivery. We may use analytics or crash-reporting technologies to understand reliability and improve performance. Non-essential cookies, advertising identifiers or tracking technologies will be used only where enabled in the actual product and where the required notice or consent has been obtained.
Before publication, JSWAY should maintain an internal inventory of all software development kits (SDKs), analytics tools and cookies used by the website and app. The Privacy Policy and Google Play Data safety form must be updated whenever those technologies materially change data collection or sharing.
9. When We Share Personal Data
We do not sell personal data. We disclose information only where reasonably necessary for the JSWAY Services, permitted by law and consistent with this Policy. Recipients may include:
- Payment providers, banks or mobile money providers used to process a transaction, refund or fraud check.
- Delivery or courier providers to deliver an order, using only the contact and fulfillment details reasonably necessary for delivery.
- A selected salon or collection location where you choose salon collection or a salon-linked service, using information reasonably necessary to identify your order and arrange the requested service.
- Cloud hosting, database, authentication, email/SMS, push notification, customer-support, security, analytics and error-monitoring providers used to operate the Services.
- Professional advisers, accountants, auditors, insurers or other advisers subject to appropriate duties of confidentiality.
- Courts, regulators, law-enforcement bodies or other public authorities where disclosure is required by law, court order or a valid lawful request.
- A genuine purchaser, investor, successor or restructuring counterparty in a merger, acquisition, financing, reorganization or sale of business/assets, subject to appropriate confidentiality and legal safeguards.
10. International Transfers
Some technology or service providers may process data outside Kenya. Before transferring personal data outside Kenya, we will use a lawful transfer basis and appropriate safeguards required by applicable law. Depending on the circumstances, this may include an adequacy decision, contractual or other appropriate safeguards, transfer based on necessity, or the data subject’s consent where legally appropriate. Sensitive personal data will receive the additional safeguards required by law.
11. Data Retention
We retain personal data only for as long as reasonably necessary for the purpose for which it was collected, for legitimate business continuity, or to meet legal, accounting, tax, fraud-prevention, dispute and recordkeeping obligations. Our internal retention schedule should be reviewed periodically, and data that is no longer needed should be securely deleted, anonymized or otherwise disposed of in accordance with law.
| Data type | Indicative retention approach |
|---|---|
| Waitlist details | Until launch communications are complete, you withdraw, or the information is no longer needed; marketing records may retain a suppression/opt-out record. |
| Active account/profile | For as long as the account is active and reasonably needed to provide the Services. |
| Saved sizing profile | While your account is active or until you request deletion, subject to legal exceptions. |
| Order and financial records | For the period reasonably required by tax, accounting, consumer-protection, dispute and other applicable legal obligations. |
| Reference uploads and support content | For as long as needed to fulfil the order, support the customer relationship and resolve disputes; unnecessary uploads should be deleted or anonymised in accordance with the retention schedule. |
| Security and technical logs | For a proportionate period needed for security, diagnostics, abuse prevention and investigation. |
| Backups | For the normal backup lifecycle; deleted data may remain in protected backup copies until those backups expire or are overwritten, unless earlier removal is technically feasible and legally required. |
The exact operational periods must be confirmed against JSWAY’s actual accounting systems, cloud providers and legal obligations before this Policy is published.
12. Account and Data Deletion
If the JSWAY app allows you to create an account, you may request permanent deletion of the account and associated personal data through the in-app account controls and through the external web process at the recommended path on jsway.com. We will not treat temporary suspension, freezing or logout as account deletion.
After a valid deletion request, we will delete or anonymize personal data associated with the account unless we must retain limited information for a lawful reason such as tax/accounting obligations, fraud prevention, security, an unresolved transaction, a chargeback, a complaint or the establishment, exercise or defense of legal claims. Where data is retained, it will be limited to the purpose requiring retention and kept only for as long as that purpose applies.
13. Your Data Protection Rights
Subject to the Data Protection Act, 2019 and other applicable law, you may have rights to be informed about the use of your personal data; access personal data we hold about you; object to certain processing; request correction of inaccurate or misleading information; request deletion where the legal conditions are met; request restriction of processing; receive or transfer certain data in a portable format; withdraw consent where processing is based on consent; and raise a complaint with the Office of the Data Protection Commissioner or another competent authority.
To exercise a right, contact (EMAIL). We may request information reasonably necessary to verify identity or authority before acting on a request. We will respond within the period required by applicable law. Exercising a privacy right will not affect processing that was lawful before the request or withdrawal of consent.
14. Marketing Choices
You may opt out of promotional email or SMS communications at any time using the unsubscribe/opt-out mechanism in the message or by contacting us. We may still send non-marketing communications that are necessary to administer your account, process an order, provide a receipt, respond to support, give a security alert or comply with law.
15. Security
We use reasonable and proportionate technical and organizational measures designed to protect personal data. Depending on the system, these may include encrypted connections (such as HTTPS/TLS), access controls, authentication, least-privilege permissions, secure password handling, logging and monitoring, backups, vendor due diligence, staff confidentiality obligations, vulnerability management and incident-response procedures. No internet, mobile or storage system can guarantee absolute security, and users should also protect their devices and login credentials.
16. Personal Data Breaches
If a personal data breach occurs, we will assess the nature and likely risk of harm, contain and investigate the incident, maintain appropriate records and make notifications required by law. Where the statutory threshold is met, Kenyan law requires notification to the Data Commissioner without delay and within the applicable statutory period, and communication to affected data subjects where required. Service providers processing data for us are required to notify us promptly of relevant incidents.
17. Children
JSWAY is not intended to encourage children to create independent accounts or provide personal data without appropriate parental or guardian involvement. If we knowingly process personal data relating to a child, we will obtain the consent required by Kenyan law, use appropriate age-verification/consent mechanisms having regard to the risks, and process the data in a way that protects and advances the child’s rights and best interests. Parents or guardians may contact (EMAIL) regarding a child’s information.
18. Third-Party Websites and Services
The JSWAY Services may contain links to third-party websites, payment pages, social-media pages or services that we do not control. Their privacy practices are governed by their own notices. You should review those notices before providing information. This does not limit any responsibility we may have for processors we select to handle personal data on our behalf.
19. Automated Processing and AI
JSWAY does not use automated processing to make decisions that produce legal or similarly significant effects on you unless we clearly disclose the feature and provide the safeguards required by law. If JSWAY later introduces AI-assisted design, support or recommendation features that process user content, this Policy and any required in-app disclosures will be updated before that processing is materially expanded.
20. Changes to this Privacy Policy
We may update this Policy when our products, providers, technology or legal obligations change. The current version will show the “Last updated” date. Where a change materially affects how we use personal data, we will provide an appropriate notice and obtain consent where required by law before relying on the new purpose.
21. Contact and Complaints
Privacy contact: (EMAIL). Customer support: (EMAIL). Telephone: +254706314811. Postal address: (ADDRESS, KENYA). Website: https://jsway.com. You also have the right, where applicable, to lodge a complaint with the Office of the Data Protection Commissioner of Kenya.
Related: Terms & Conditions.
