End User Policy

Terms & Conditions that apply to Okra’s end-users.

Effective January 2020

Background

Okra seeks to provide innovators/businesses/government or its agencies with one-stop access to the financial systems/data. Okra’s proprietary software provides an easy way for End-User (“you”) to connect your bank account(s) and other financial accounts to fintech or any other financial service solutions that can help you do things like save for retirement, manage your spending, streamline credit applications, transfer money or provide easier access to KYC information required in order to be connected to the afore mentioned services etc.

These software applications/solutions are built and provided by our business customers (“Developers”), and powered by Okra. We have collected, translated and standardised high-quality, usable financial account data that enables our developers to focus on building experiences that benefit you.

Your Consent

Okra shall only access/collect/display/process your financial information from your Financial Account(s) within the Okra dashboard and transmits such information to an Application Provider (“Developer”) that you have expressly authorised to access your information through/using Okra service. Please refer to the End-User Agreement for more information.

Information We Process

An End-User can only use the Services if:
  • The End-User is 18 years old or over;
  • The End-User is a resident of and using our Services from Nigeria;
  • The End-User provides Okra with accurate, complete, and up-to-date information, and does not misrepresent their identity or any other information about them;
  • The End-User agrees to this Agreement, and to using Okra Services in accordance with this Agreement; and
  • The End-User agrees to comply with all laws and regulations applicable to their use.

Privacy

Okra uses your information in line with our End-User Privacy Policy and our Privacy Statement.

If you become uncomfortable with the way we handle your information as explained in our End-User Privacy Policy, you may choose not to use our Service or revoke your consent by sending a notification to privacy@okra.ng or by visiting https://my.okra.ng/

Liability

Okra shall not be liable to you for any harm, damage or loss to you arising from the acts or omissions of any third parties, in particular your Account Provider(s) and the Application through which you have accessed our Services.

    Nothing excludes or limits Okra’s liability for:
  • Death or personal injury caused by our negligence;
  • Okra’s fraud or fraudulent misrepresentation; or
  • A deliberate breach of this Agreement in a major way that is designed to harm you.

Okra is not responsible for any complaints or disputes about products and/or services provided by the Application through which you accessed Okra’s Services, other third parties, or your Financial Service/Account Provider. You should settle these with the Application, third party, or Application Provider directly.

Changes to This Agreement

We may choose to vary this Agreement at intervals. Where we make changes, we will notify you by updating the effective date at the top of this Agreement. We may also provide notice of any changes to this Agreement through emails and placing notifications on our homepage at https://okra.ng and your dashboard. Okra encourages you to read this carefully whenever you access the Services to stay informed on the nature of our relationship with you.

Termination

You have the right to cancel your contract with Okra, which is set out in this Agreement, at any time without notice by contacting Okra using the Okra contact details set out in this Agreement.

Okra may cancel the contract with you, with immediate effect, by giving written notice:
  • If you repeatedly break this Agreement and fail to resolve the matter to Okra`s satisfaction in a timely manner; or
  • In the event of your death or incapacity;
  • We may cancel this Agreement with you for any other reason by giving you at least 1 (one) month’s written notice.

Governing Law and Dispute Resolution

The validity, construction and performance of this Agreement shall be governed by the laws of the Federal Republic of Nigeria.

The parties shall attempt in good faith to settle between themselves any and all disputes arising regarding the validity, interpretation or application of this Agreement, or any other dispute arising from legal relationships resulting from this Agreement.

If the parties are unable to settle a dispute themselves within 14 days from the date either party has notified the other of its intent to enter into such good faith settlement negotiations, then the Parties legal representatives will promptly meet to consider whether there is a possibility of resolution by mediation or conciliation.

If the Parties do not agree to refer a dispute to mediation or conciliation under the Lagos State Multidoor Court House after a period of 30 days, the Parties shall refer the dispute to arbitration in accordance with the Arbitration and Conciliation Act, Cap A18, Laws of the Federation of Nigeria (LFN), 2004. The arbitration shall be conducted by a sole arbitrator to be appointed by Chartered Institute of Arbitrators UK (Nigeria) or such other office or body as agreed by the Parties.

The Parties may opt for the appointment of three arbitrators instead of a sole arbitrator if considered desirable. Such appointment shall be in accordance with Arbitration and Conciliation Act. The language to be used in the arbitral proceedings shall be English, and the place of arbitration shall be Lagos, Nigeria. The proceedings and decision shall be confidential to the parties and their advisers.

The provisions of this clause:
  • i) constitutes your irrevocable consent to any proceedings in terms hereof and no party shall be entitled to withdraw therefrom or claim at any such proceedings that it is not bound by those provisions; and
  • ii) are severable from the rest of this Agreement and shall remain in effect despite the termination of or invalidity of this Agreement for any reason.

This clause shall not preclude either Party from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the decision of the mediator or conciliator.

The mediator, conciliator or arbitrator may, in any dispute in which any matter of a technical or financial nature is relevant, appoint an assessor having the requisite experience to assist in the mediation or arbitration. The assessor shall not have a vote in the award made by the mediator, conciliator or arbitrator but shall act as an advisor only.

How We Get Your Information

Okra collects information directly from your financial service provider and from other sources through the use of its API (Application Programming Interface) when an end-user connects its financial account through Okra or to other publicly available sources.

Our Legal Basis for Processing

Okra’s legal basis for processing your Information largely depends on the nature of the information and the context in which we collected or processed it.

Okra will normally only collect and process your Information where:
  • You have given your consent to do so.
  • We need to fulfill our responsibilities and obligations in any contract or agreement with you (for example, to comply with our end-user services agreements);
  • To comply with our legal obligations under applicable law;
  • The processing is necessary for our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms (for example, to safeguard our services);
  • To communicate with you, or to provide or update our services;
  • To provide customer support to you or to our developers, including to help respond to your inquiries related to our service or our developers’ applications;
  • To investigate any misuse of Okra’s service or our developers’ applications, including violations of our Developer Policy, criminal activity, or other unauthorised access to Okra services; and
  • For all other purposes with your express or implied consent as lawfully permitted.

Please be informed that to the extent that we rely on your consent to collect and process your Information, you have the right to withdraw your consent at any time as instructed in this Policy or our End-User Agreement.

Where Okra intends to deploy your information for other purposes other than those stated in this statement, okra shall update this statement to reflect same and request your consent before proceeding with such use of your information.

Okra may help our Developer/Application provider that you have authorised, make automated operations on your financial accounts that you have connected through Okra.

Data Security and Safety

Okra shall deploy steps aimed at protecting your information in our possession. These steps include maintaining information safeguards such as data encryption, randomisation, anonymisation, firewalls, logical and physical access controls, and continuous monitoring. These controls shall be regularly evaluated for effectiveness against industry standards internally and by independent security auditors.

When Third-Parties may access your Information

Okra does not sell or rent your information to marketers or other third parties. We shall only share end-user information as follows:

With your consent;
With other Okra service providers, partners, or contractors in connection with the services they perform for Okra or our developers;
If we believe in good faith that disclosure is appropriate to comply with applicable law, regulation, or legal process (such as a court order or subpoena);
In connection with a change in ownership or control of all or a part of our business (such as a merger, acquisition, reorganization, or bankruptcy);
Between and among Okra and our current and future assignees, affiliates, subsidiaries, and other companies under common control or ownership; or

As we believe reasonably appropriate to protect the rights, privacy, safety, or property of end-users, our developers, our partners, or Okra.

Okra may collect, use, and share information in an aggregated or anonymised manner for any purpose permitted under applicable law. This includes creating or using aggregated or anonymised data based on the collected information to develop new services and to facilitate research.

Okra may also retain your information for as long as necessary to fulfill the purposes stated in this Statement, our End-User Agreement and for other lawful purpose so closely connected, unless a longer retention period is required or permitted under applicable law. Okra assures that in accordance with applicable laws, end-users information shall only be processed, stored, and distributed in accordance with provisions of this statement and our End-User Agreement.

Other Data Considerations

Our platform is usually plugged into a developer application. Hence, when you use your device to connect to our services through a developer application, we may receive data about that device, including IP address, hardware model, operating system, and other technical information (metadata) about the device. We also use cookies or similar tracking technologies to collect usage statistics and to help us provide and improve our services. You can find more information about how we use cookies and your related choices in our Cookie Policy.

International Transfer of your Information

The information we collect about you may be transferred, used, or stored in any country where we have operations or where we engage service providers. That means that your information may be transferred to a different country than where it was collected and which may not provide equivalent levels of data protection as stipulated by your country.

The level of data protection in such countries may be less than that offered in your country. Where this is the case, Okra will implement appropriate measures to ensure that your personal information remains protected and secure in accordance with applicable data protection laws, guidelines, and standards in your country at the least.

Where Okra uses a third-party service provider to process personal data outside your country in the course of providing services, our written agreement with them will include appropriate measures, usually standard contractual clauses on data sharing under prevailing local and international standards.

Where a Developer/Application provider authorised by you collects any such information about you through Okra and then transfers your information to another country; such Developer/Application provider shall be responsible for complying with the requirements of relevant data privacy laws.

Your Rights

As stipulated by local and international data protection standards, you have certain right with respect to the use and processing of your personal information.

You are entitled to request details of the information we hold about you and how we process it. You also have a right under applicable data protection law to have it rectified or erased/deleted, to restrict our processing of that information, to stop transfers of your personal information to a third party and, in some circumstances, to have personal information relating to you transferred to another organisation. You also have the right to lodge a complaint concerning Okra’s processing of your personal information with a regulatory authority. For any of such request in pursuance of such rights, please email us here at legal@okra.ng.

If you object to the processing of your personal information, or if you have provided your consent to processing and you later choose to withdraw it, we will respect that choice in accordance with our legal obligations. Please email us at privacy@okra.ng.

Please note that even after you have chosen to withdraw your consent we may be able to continue to process your personal information to the extent required or otherwise permitted by law, particularly in connection with exercising and defending our legal rights or meeting our legal and regulatory obligations.

You may wish to inform us of updates to any information you may have with us, you may also request that Okra provides information collected from you in a structured, commonly used and machine-readable format, where technically feasible. For any such requests or updates with respect to your information, please email us at privacy@okra.ng.

Okra, in accordance with its obligation under relevant laws shall notify you of our compliance with all such requests that you may have made in accordance with your legal rights.

Changes to this Statement

Okra may change this Privacy Statement periodically. However, if we make changes, we will notify you by updating the effective date at the top of this Statement. Okra may also provide notice of any changes through other means, such as placing a notice on our homepage at https://okra.ng. Okra will also notify our developers of any material changes in accordance with our developer agreements, as they are generally best positioned to notify the end-users about such changes to this Policy, as appropriate.