Legal Document

Privacy Policy

Effective: November 19, 2024

Version: 1.0

Earn Mwachangu is committed to protecting the privacy of your personal data. This Privacy Policy explains how we collect, process, store, and use your personal information when you use the Earn Mwachangu mobile application and services. This Policy is governed by and complies with the Data Protection Act, 2024 (Act No. 3 of 2024) of Malawi.

The Information We Collect

We collect information that identifies, relates to, describes, or is reasonably capable of being associated with you ('Personal Data'). The principle of Data Minimization (Section 10 of the Act) guides our collection, ensuring we only collect data necessary for the stated purposes.

Categories of Personal Data Collected

Category	Examples of Data	Source of Data
Personal & Employment Data	Name, age (20-65), citizenship (Zambian), National ID, employment details, job title, and income stability.	Directly from you, Employer.
Contact Data	Valid Phone Number, email address.	Directly from you.
Financial Data	Valid bank account details, transaction history, creditworthiness assessment data, and financial information for loan assessment.	Directly from you, third-party service providers.
Service and Usage Data	Device information, log data, application usage patterns, and transaction records (loan amount, repayment period).	Automatically via the App/Service.
Location Data	User location.	Automatically via the App/Service (with consent).

How We Use Your Information

We process your Personal Data for specific, explicit, and legitimate purposes as required by the Purpose Limitation principle.

By using the Service, you consent to the processing of your data for the following purposes:

Service OperationTo provide and manage the instant loan service, process applications, and disburse funds directly to your mobile money accounts or bank account.
Risk Assessment & Fraud DetectionTo assess your creditworthiness, determine loan eligibility, detect, prevent, and prosecute fraud, and ensure overall security of the Service.
Balance Calculation & Accrual TrackingTo calculate loan balances, track accruals, and manage flexible repayment options.
Regulatory ComplianceTo comply with all applicable laws, regulations, and legal obligations, including 'know your customer' requirements and reporting obligations.
Analytics and Product ImprovementTo analyze app usage, improve service performance, enhance our app features, and develop new products.
MarketingTo send you updates, promotional materials, or offers (subject to your opt-out rights).

Legal Basis for Processing

We process your Personal Data based on the following legal grounds:

ConsentYou provide explicit consent to the processing of your data by agreeing to this Policy and the Terms of Service.
ContractProcessing is necessary for the performance of the loan contract to which you are a party, specifically for assessing, granting, and managing the loan.
Legal ObligationProcessing is necessary for compliance with any legal obligation to which the Company is subject.

How We Share Your Information

We do not sell, trade, or otherwise transfer your personal information to third parties, except as described below. Any sharing is done in accordance with the principle of Data Integrity and Confidentiality and only to the extent necessary to provide the Service.

We may share your data with:

The EmployerData is shared to facilitate loan assessment and management related to your employment.
Payment Processors & BillersTo process transactions, disburse funds, and manage repayments.
Third-Party Service ProvidersPartners who perform services on our behalf, such as IT hosting, analytics, and customer support, who are contractually bound to protect your data.
Legal & Regulatory AuthoritiesIf required by law or regulation, or to respond to a subpoena, court order, or similar legal process.

Data Storage, Security, and Retention

Data Storage and Cross-Border Transfer

Your data may be stored on servers located in Malawi or other jurisdictions.

In the event of a cross-border transfer, we ensure that the recipient is subject to a law, a binding corporate rule, or a data protection contractual clause that affords an adequate level of protection of personal data, as required by Part VII of the Act.

Data Security Measures

We implement reasonable technical and organizational security measures (Section 13 of the Act), including encryption and pseudonymization, to protect your data against unauthorized access, misuse, and disclosure.

Security DisclaimerWhile we strive to protect your data, we cannot guarantee absolute security against unauthorized access, hacking, data loss, or breaches.

User Responsibility

You are responsible for safeguarding your Account credentials. You must notify us immediately of any suspected security breaches or unauthorized use of your account.

Data Retention

We retain your Personal Data only for as long as necessary to fulfill the purposes outlined in this Policy, comply with legal obligations, or resolve disputes.

Your Data Protection Rights

As a data subject, you have the following rights under Part IV of the Act:

Right	Description
Right to Access	The right to obtain confirmation and access to the personal data being processed.
Right to Rectification	The right to rectify any error or have incomplete personal data completed.
Right to Erasure	The right to the erasure of personal data without undue delay (Right to be Forgotten).
Right to Restriction	The right to restrict the processing of personal data under certain conditions.
Right to Object	The right to object to the processing of personal data, particularly for direct marketing.
Right to Data Portability	The right to receive your personal data in a structured, commonly used, and machine-readable format.
Automated Decision-Making	The right not to be subject to a decision based solely on automated processing (Section 25).

Contact Information and Complaints

If you have questions about this Privacy Policy or wish to exercise your data protection rights, please contact us:

Earn Mwachangu

Email: info@earnmwachangu.com
Location: Area 46, Lilongwe

Last Updated: November 19, 2024