Privacy Policy

Clutch is the owner and operator of this website and below is its privacy policy. The policy gives adequate information about the collection, use, and disclosure of personal data when an individual uses the website/platform to transact and/or utilize any of Clutch's services. The law requires Clutch to inform individuals about their rights and Clutch's obligations to the individual regarding the processing and control of their personal data. Clutch uses the personal data collected to provide and improve its online marketplace services to individuals. By using this Service, the individuals agree to the collection and use of information in accordance with this policy.

Any reference to the following words in this Terms of Use shall have the following meaning except otherwise expressly stated:

User: Any third party who accesses the Clutch Site and is neither an employee nor affiliated with Clutch. Users are eligible adults and any third party who accesses the Clutch Platform.
Website: The domain name www.clutch.africa
Intellectual Property: All Content included on the Website, unless uploaded by Users, is the property of Clutch, our affiliates, or other relevant third parties. Such content includes texts, graphics, images, audio, video, software, data compilations, page layout, underlying code and software, and any other form of information capable of being stored in a computer that appears on or forms part of this Website.
Service: Peer-to-peer car-sharing marketplace technology-driven platform.

The type of data we collect from User:

Personal data

While using Clutch's website/platform, an individual may be required to provide certain personally identifiable information that can be used to contact and identify the individual (otherwise known as "personal data"). The kind of personal data Clutch collects from Users are:

First name and last name
Email address
Phone Number
Passport photo
National Identification Number
Bank Verification Number
Address
Cookies and usage data
And such other information as it may determine from time to time.

Usage Data

Clutch may also collect information on how the website/platform is accessed and used ("Usage Data"). This Usage Data may include information such as the User's computer or mobile device Internet Protocol address, browser type, browser version, the pages of the website visited by the individual, the time and date of visit, the time spent on those pages, unique device identifiers and other diagnostic data.

Tracking & Cookies Data

Cookies are files with a small amount of data which may include an anonymous unique identifier. They aid identification of users of a device used to access the internet. Clutch uses cookies and related technologies to track an individual's activity on the website/platform and hold certain information.

Cookies are sent to an individual's browser from a website and stored on the individual's device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service. Users may however set their devices to refuse all cookies. Although, rejection of cookies may limit the optimum use of the website/platform.

Use of Data

Clutch uses the data collected for the following purposes:

To give access to the Clutch website/platform and the services advertised on the website by Clutch;
To receive, confirm and process service requests, inquiries, feedbacks and complaints;
To provide customer care and support services;
To provide analysis or valuable information aimed at improving the website/platform;
To monitor how the website/platform is used;
To verify an individual user's identity for security purposes;
To record answers to surveys and questionnaires on the website/platform.

Transfer of Data

Personal Data made available to Clutch may be transferred to and maintained on computers located outside of a data subject's state, local government, country or other governmental jurisdiction where the data protection laws may differ than those from the data subject's jurisdiction.

Please note that Clutch may transfer the data provided it, including Personal Data, to any country if necessary and process it there. As a result, an individual's consent to this Privacy Policy followed by the submission of such information as personal data is tantamount to an unequivocal agreement to any such transfer.

Clutch will take every reasonable step to ensure that personal data is treated securely and in accordance with this Privacy Policy and relevant data protection law and regulations. No transfer of Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of personal data and other personal information.

Disclosure of Data

In utmost good faith, Clutch may disclose Users Personal Data for reasons as may become necessary, such as:

To comply with an obligation created under a law;
To protect and defend the rights or property of Clutch;
To prevent or investigate possible wrongdoing in connection with the website/platform;
To protect the personal safety of data subjects who use the website/platform and the general public;
To protect against legal liability.

Individual's Rights

Under relevant laws and regulations, an individual data subject is entitled to the following rights:

The right to access: Users may at any time request to access their personal data. Upon request, Clutch will provide a copy of the User's personal data in a commonly used electronic form.
The right to rectification: Users are entitled to obtain rectification of inaccurate personal data and to have incomplete personal data completed.
The right to restriction of the purposes or use of the User's personal data.
The right to erasure: under certain circumstances (including processing on the basis of the User's consent), Users may request Clutch to delete their User Data. Please note that this right is not unconditional. Therefore, an attempt to invoke the right might not lead to an action from Clutch.
The right to object to certain processing activities conducted by Clutch in relation to the User's personal data, such as processing of the User's personal data based on our legitimate interest. The right to object also applies to processing of the User's personal data for direct marketing purposes.
The right to data portability: Users are entitled to receive their personal data (or have their personal data directly transmitted to another data controller) in a structured, commonly used and machine-readable format.
The right to withdraw consent at any time.

Data Security

Although the security of personal data is of utmost importance to us, Clutch however reckons with the fact that there is not a single method of data transmission over the Internet, or method of electronic storage that is fool proof. While Clutch will strive to use commercially acceptable means to protect the User's Personal Data, it cannot guarantee its absolute security.

Service Providers

From time to time, Clutch may engage third parties (including companies and individuals) to facilitate the website ("Service Providers"), to operate the website on its behalf, to perform Clutch's obligations or to assist in analyzing how the website is used. These third parties may in course of the above, have access to Personal Data only for the purpose of performing these tasks and are obligated not to disclose or use it for any other purpose.

Links to Other Sites

In a bid to provide Users with more resources, the website may contain access (including links) to domain names not operated by Clutch. If a User clicks on a third-party access, the User will be directed to such third-party's domain name. It is strongly advised that individuals critically review the Privacy Policy of every domain name or links directed through the website as Clutch does not have control over or assume any responsibility for the content of any such third-party domain names or services.

Children's Privacy

In line with relevant laws and regulations, Clutch only knowingly collects personally identifiable information from persons who have attained the age of 18 years and above. Parents or guardians whose child may have provided Clutch with his Personal Data should kindly contact Clutch. If Clutch ever becomes aware that a person under the age of 18 years has supplied it with his Personal Data without verification of parental consent, it shall take every necessary and reasonable step to remove such information from its database.

Changes to this Privacy Policy

In compliance with changing regulations and laws, Clutch may update its Privacy Policy from time to time. If and when it does, it shall notify data subjects via email or display a prominent notice on the website, prior to the change becoming effective. Clutch shall ensure to review this Policy periodically for updates. Changes to this Privacy Policy are effective once they are posted on this page.

Electronic Communications

The communications between you and Clutch use electronic means, whether you use the Platform or send us emails, or whether Clutch posts notices on the Site or communicates with you via email.

For contractual purposes, you consent to receive communications from Clutch in an electronic form; and agree that all terms and conditions, agreements, notices, disclosures, and other communications that Clutch provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in hardcopy writing. The foregoing does not affect your non-waivable rights.

Notice

Clutch may provide notice to you related to its services, products and marketplace electronically by directing that notice to the email address you have provided to Clutch, or by written notification mailed to the last physical address that you have provided. Notice shall be deemed effective 48 hours after it is sent (if by email) or posting (if by regular mail).

Complaints

If a data subject is not satisfied with these privacy policies or for such other complaints, he/she can contact Clutch at: info@clutch.africa

If a User is not satisfied with the means and manner adopted in resolving a complaint, the User may lodge a complaint with the Nigeria Data Protection Commission("NDPC") or such regulatory agency of government as shall become empowered in this regard.

Contact Us

For any questions about this Privacy Policy, please contact Clutch via: info@clutch.africa

Dispute Resolution

This Arbitration Agreement is part of your contract with Clutch and affects your rights. By signing up to this Agreement, you agree to mandatory binding arbitration and a class action waiver. By signing up to this Agreement, you and Clutch mutually agree to waive your respective rights to resolution of disputes via litigation and agree to resolve any dispute by arbitration, as set forth below:

This agreement to arbitrate is governed by the Arbitration and Mediation Act 2023 and its Arbitration Rules or any legislation which replaces it.

APPLICABILITY OF ARBITRATION AGREEMENT

All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Agreement or the use of the Platform or Service that cannot be resolved informally shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement.

NOTICE REQUIREMENT AND INFORMAL DISPUTE RESOLUTION

Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to: 8, Providence street, Venia Business Hub, Lekki Phase 1, Lagos or info@clutch.africa

After the Notice is received, you and Clutch may attempt to resolve the claim or dispute informally. If you and Clutch do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party shall not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

AGREEMENT TO ARBITRATE

Unless otherwise agreed to, all arbitration proceedings shall be held in English and the seat of Arbitration shall be Lagos, Nigeria. In the event the parties are unable to settle the dispute difference or controversy within 30 (thirty) days from the date after the Notice of Arbitration is received, the dispute shall be referred to binding online ad-hoc arbitrator presided over by a sole arbitrator agreed upon by the parties. If the Parties are unable to agree on a sole arbitrator within 7 (seven) days of the referral of the dispute to Arbitration, the Chairman of the Chartered Institute of Arbitrators, Nigeria Branch (CIArb) shall be the appointing authority and shall upon the written application of either party appoint a sole arbitrator competent in online arbitration to preside over the arbitration.

The same procedure shall apply to emergency arbitrations for injunctions or urgent preservative or restrictive orders in respect of disputes arising out of or in connection with this Agreement, including any non-contractual obligations arising out of the negotiation of this Agreement.

The language of the arbitration shall be English Language and the seat of arbitration shall be Lagos, Nigeria.

LIMITATION PERIOD

If you or the Company pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations

AUTHORITY OF ARBITRATOR

If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Clutch, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law and the Agreement. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Company.

CONFIDENTIALITY

All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief before the appointment of the arbitrator.

SEVERABILITY

If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.

RIGHT TO WAIVE

Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.

SURVIVAL OF AGREEMENT

This Arbitration Agreement will survive the termination of your relationship with the Company.

EMERGENCY EQUITABLE RELIEF

Notwithstanding the foregoing, either party may seek emergency equitable relief before a court of competent jurisdiction in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

CLAIMS NOT SUBJECT TO ARBITRATION

Notwithstanding the foregoing, claims of defamation, criminal actions, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.

COURT WITH COMPETENT JURISDICTION

In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the jurisdiction of the courts located within Lagos State of the Federal Republic of Nigeria.