Your privacy matters to us. This Privacy Policy is designed to comply with the Data Protection Act, 2019 (Kenya) and applicable international standards. Please read it carefully. By submitting a nomination (on behalf of yourself, another adult, or a minor), casting a vote, purchasing a ticket, or using any part of this website, you acknowledge that you have read and understood this Privacy Policy and consent to the practices described herein. Where you submit data on behalf of another person, you confirm that you have the authority to do so and that the relevant consent has been obtained.
1. Who We Are
Nova Excellence Awards ("we," "us," "our") is an awards programme dedicated to celebrating excellence across Africa and beyond, conceptualised and operated by Dala Luxe Events ("the Operator"). We operate the website at www.novaexcellenceawards.org (the "Platform") and related nomination, voting, ticketing, and prize services.
We act as the data controller for all personal information collected through the Platform, in accordance with Section 25 of the Data Protection Act, 2019 (Kenya). For any privacy-related queries, contact us at info@novaexcellenceawards.org.
Important — Our role in data collection: Nova Excellence Awards and Dala Luxe Events do not independently scout, search for, or collect personal data (including names, photographs, or contact information) of individuals for nomination purposes. All personal data relating to nominees is submitted voluntarily to us by fans, supporters, the nominees themselves, or — in the case of minor nominees — their parents or legal guardians. We process this data once submitted to us. The person who submits a nomination is solely responsible for ensuring they have the right to provide the nominee's data.
2. How Nominee Data Reaches Us — Our Limited Role
We do not go looking for nominees. Data about nominees reaches us when fans, supporters, or the nominees themselves choose to use our nomination form. This section explains our position and the responsibilities of the person submitting the nomination.
Nominee personal data is submitted to us through the following voluntary channels only:
- Self-nomination: A person nominates themselves by completing and submitting our nomination form, thereby directly providing their own personal data and consenting to its use as described in this Policy.
- Fan or supporter nomination: A fan, colleague, or supporter submits a nomination on behalf of a nominee. By doing so, the nominator represents and warrants to us that: (a) they have informed the nominee that their data is being submitted; (b) the nominee has consented, expressly or impliedly, to the submission and public display of their name, stage name, and profile photograph; and (c) the nominator accepts full personal legal responsibility for any breach of this representation.
- Guardian nomination for a Minor: A parent or legal guardian submits a nomination on behalf of a person under 18. By doing so, the Guardian provides their own express consent on behalf of the Minor, in accordance with Section 8 of this Policy and Sections 30–32 of the Data Protection Act, 2019 (Kenya).
Our legal basis for processing nominee data submitted by third parties is legitimate interest (running an awards programme) and consent (as warranted by the nominator). We rely on the nominator's representation that consent has been obtained. Where a nominee contacts us to advise that their data was submitted without their knowledge or consent, we will promptly remove the nomination and their data from our Platform upon verification, in accordance with the Data Protection Act, 2019 (Kenya).
We are not liable for data submitted to us without a nominee's consent — that liability rests solely with the nominator, as set out in our Terms of Use.
3. Personal Data We Collect
We collect the following categories of personal data from nominees (including minor nominees), nominators, voters, ticket purchasers, prize claimants, and website visitors:
| Data Category | Specific Fields | Who Provides It |
|---|---|---|
| Identity Data | Official full name, and stage name or professional alias | Nominee / Nominator / Guardian |
| Contact Data | Email address, phone number | Nominee / Nominator / Voter / Ticket purchaser / Prize claimant |
| Profile Data | Profile photograph, biography/professional profile information, and award category | Nominee / Nominator / Guardian (for Minor) |
| Technical Data | IP address, browser type, device information, pages visited, timestamps, cookie identifiers | Automatically collected |
| Transactional Data | Ticket purchase records, payment confirmation references (we do not store full card details) | Ticket purchaser |
| Prize & Payment Data | Mobile money number or bank account details, tax identification number (where required) | Prize claimant / Guardian (for Minor prize) |
We do not collect sensitive special-category data such as race, religion, health data, or political opinions, except where you voluntarily include such information in a profile biography, in which case you consent to its processing by inclusion.
4. How We Collect Your Data
We collect personal data through the following means:
- Nomination forms — submitted voluntarily by nominees (self-nominating), fans, supporters, or Guardians (for minor nominees). We do not pro-actively collect nominee data from any other source.
- Voting portal — when you register or authenticate to cast a vote.
- Ticket purchases — when you buy a ticket to attend our awards gala or events.
- Prize claim process — when a qualifying nominee (or their Guardian) submits identity and payment information to claim a cash prize.
- Direct communications — when you contact us by email, phone, or social media.
- Automated technologies — through cookies, server logs, and analytics tools when you browse our Platform (see Section 13).
5. Why We Use Your Data (Legal Basis)
We only process your personal data where we have a lawful basis to do so, in accordance with Section 30 of the Data Protection Act, 2019 (Kenya). The table below explains each purpose and its corresponding legal basis:
| Purpose | Data Used | Legal Basis |
|---|---|---|
| Processing and managing nominations (including minor nominees) | Name, email, phone, profile photo, profile information, Guardian details (for Minors) | Performance of contract / Consent (DPA 2019, s.30(a) & (b)) |
| Displaying nominees on the voting portal | Name, stage name, profile photo, category | Consent (given at time of nomination or by Guardian) |
| Sending voting confirmation and award updates | Email address, phone number | Performance of contract / Legitimate interest (DPA 2019, s.30(d)) |
| Processing ticket sales | Name, email, phone, payment reference | Performance of contract |
| Administering cash prize disbursements | Name, ID/passport, mobile money/bank details, tax ID | Performance of contract / Legal obligation (POCAMLA 2009; Income Tax Act) |
| Marketing and promotional communications | Email, name, profile photo (winners/nominees) | Consent |
| Fraud prevention, vote integrity, and platform security | IP address, device data, email, cookie identifiers | Legitimate interest (DPA 2019, s.30(d)) |
| Compliance with legal obligations (tax reporting, KYC, child protection) | All relevant data | Legal obligation (DPA 2019, s.30(c)) |
6. Data Sharing & Disclosure
We do not sell your personal data. We may share your data only in the following limited circumstances:
- Voting portal display: Your official name, stage name, profile photograph, award category, and a unique voting link may be published publicly on our website and shared via social media platforms to facilitate the public voting process. By submitting a nomination (or by a Guardian submitting on a Minor's behalf), you/the Guardian expressly consent to this display.
- Prize payment processors: Where a cash prize is payable, we may share identity verification data and payment details with mobile money providers (e.g., M-Pesa/Safaricom), banks, or other payment processors strictly for the purpose of completing disbursement. These processors are bound by their own data protection obligations.
- Service providers: We may share data with trusted third-party vendors (e.g., email delivery services, payment processors, web hosting providers) who process data strictly on our behalf under data processing agreements and confidentiality obligations, as required by Section 43 of the Data Protection Act, 2019 (Kenya).
- Legal requirements: We may disclose data where required by law, court order, governmental authority, or law enforcement, including the Kenya Revenue Authority (for prize tax reporting) and relevant child protection authorities (in cases involving minors).
- Business transfers: In the event of a merger, acquisition, or restructuring of Dala Luxe Events or Nova Excellence Awards, personal data may be transferred as a business asset, subject to continued protection under this Policy.
- With your consent: We will share your data for any other purpose only with your explicit, prior consent.
We do not share your phone number, email address (except as part of a voting link), or financial information with third parties for their own marketing purposes.
7. Marketing & Public Display of Your Data
By submitting a nomination (whether self-nominated, nominated by a third party, or nominated by a Guardian on behalf of a Minor), you/the Guardian grant Nova Excellence Awards a limited, non-exclusive, royalty-free licence to use the nominee's name, stage name, and profile photograph for the following purposes, for the duration of the current awards season and in future promotional materials related to Nova Excellence Awards:
- Displaying the nominee's profile on the public voting portal, including their photo, name, and award category.
- Sharing the nominee's profile on Nova Excellence Awards' official social media channels (Facebook, Instagram, TikTok, X/Twitter, and others) to promote public voting.
- Including the nominee's name and/or photograph in press releases, event programmes, banners, and digital marketing materials produced by Nova Excellence Awards or Dala Luxe Events.
- Using the nominee's photograph in post-event recaps, highlight reels, and anniversary content published by Nova Excellence Awards.
- Featuring winners' profiles in promotional campaigns for future editions of the awards.
- Publicly announcing and celebrating prize winners, including their name, category, and vote count achieved.
What we will NOT do: We will not use a nominee's photograph or personal details to advertise third-party products or services, or in any context that is misleading, defamatory, or disrespectful, without separate written consent. We will not use a Minor's photograph or data in any context beyond the awards programme without the Guardian's explicit additional consent.
You or the Guardian may withdraw this licence at any time by contacting us at info@novaexcellenceawards.org. Withdrawal of consent will not affect any processing already carried out before the withdrawal, in accordance with Section 40(3) of the Data Protection Act, 2019 (Kenya).
8. Data Relating to Minor Nominees (Under 18)
The processing of personal data relating to persons under the age of 18 is subject to heightened protections under the Data Protection Act, 2019 (Kenya) and the Children Act, 2022 (Kenya). We treat the processing of children's data with the utmost care and take all reasonable steps to protect Minor nominees from harm, exploitation, or unlawful data use.
- Guardian as data representative: For all Minor nominees, the parent or legal guardian ("Guardian") acts as the data subject's legal representative for all purposes under the Data Protection Act, 2019 (Kenya). All data rights (access, rectification, erasure, objection) in respect of a Minor's data must be exercised by the Guardian.
- Basis for processing Minor data: We process a Minor nominee's personal data on the basis of the Guardian's express consent, as provided at the time the nomination is submitted. Where consent has not been obtained, processing is unlawful and we will remove the Minor's data upon notification.
- Data collected for Minor nominees: In addition to standard nominee data (name, stage name, profile photograph, category), we also collect the nominating Guardian's full name, contact details, and their relationship to the Minor, as a safeguarding record.
- Limited public display: A Minor's profile photograph and name will be displayed publicly on the voting portal and our social media channels solely for voting purposes, as consented to by the Guardian. We will not use a Minor's image or data for any other purpose without the Guardian's separate written consent.
- Right to immediate removal: A Guardian may at any time request the immediate removal of a Minor nominee's profile and all associated data from our Platform. We will action such requests within 72 hours of verification, in accordance with our obligations under the Data Protection Act, 2019 (Kenya) and the Children Act, 2022 (Kenya).
- Prize data for Minors: Where a Minor nominee qualifies for a cash prize, the prize disbursement data (ID, payment details) will be collected from and processed in respect of the Guardian only. We will not collect financial account data from the Minor themselves.
- Child safeguarding commitment: We are committed to the safety and welfare of all Minor nominees. We reserve the right to remove any Minor's profile and report to relevant child protection authorities if we have reasonable grounds to believe that participation in the awards exposes the Minor to harm, exploitation, or abuse, in accordance with our obligations under the Children Act, 2022 (Kenya).
- We did not source the Minor's data: We reiterate that we do not independently identify or collect personal data of any minor. All Minor nominee data is submitted to us voluntarily by Guardians or (in contravention of these Terms) by third parties. We are not liable for data submitted without a Guardian's consent.
9. Prize & Payment Data Processing
Where a nominee qualifies for a cash prize under Section 7 of our Terms of Use, we will collect and process additional personal and financial data for the purpose of prize disbursement and legal compliance:
- Identity verification: We will request a copy of a government-issued photo ID (national ID card or passport) to verify the identity of the prize claimant, in accordance with our obligations under the Proceeds of Crime and Anti-Money Laundering Act, 2009 (Kenya) (Know Your Customer / KYC requirements).
- Payment details: We will collect mobile money account information (e.g., M-Pesa registered number) or bank account details solely for the purpose of disbursing the prize. This data will not be used for any other purpose and will not be shared with any party other than the payment processor facilitating disbursement.
- Tax reporting: We may be required to report prize payments to the Kenya Revenue Authority or relevant tax authority, in accordance with the Income Tax Act (Cap. 470, Laws of Kenya). By claiming a prize, you consent to such reporting. We may also be required to withhold tax at source; the amount withheld will be remitted to the relevant authority on your behalf.
- Retention of prize data: Prize-related financial and identity verification data will be retained for a minimum of 7 years from the date of disbursement, in accordance with financial record-keeping requirements under applicable Kenyan law.
- Security of prize data: Financial and identity verification data collected for prize purposes will be held in a restricted-access environment, separate from general Platform data, and accessible only to authorised personnel involved in prize administration.
10. Data Retention
We retain your personal data only for as long as necessary to fulfil the purposes for which it was collected, in accordance with Section 41 of the Data Protection Act, 2019 (Kenya), including for legal, accounting, or reporting requirements:
- Nominee & voter data (adults) — retained for a maximum of 3 years following the relevant awards season, after which it is securely deleted or anonymised.
- Minor nominee data — retained for a maximum of 3 years following the relevant awards season, or until the Minor turns 18, whichever is earlier, after which it is securely deleted or anonymised.
- Transactional records (tickets) — retained for 7 years in accordance with applicable financial regulations.
- Prize & KYC records — retained for 7 years from the date of disbursement, in accordance with the Proceeds of Crime and Anti-Money Laundering Act, 2009 (Kenya).
- Technical/log data — retained for up to 12 months for security and analytics purposes.
- Marketing-related data — retained until you (or the Guardian, for Minors) withdraw consent or opt out.
11. Your Rights
Subject to the Data Protection Act, 2019 (Kenya), particularly Sections 26–40, you (or a Guardian acting on behalf of a Minor) have the following rights regarding personal data we hold:
Request a copy of the personal data we hold about you or your minor child.
Request correction of inaccurate or incomplete data.
Request deletion of your data ("right to be forgotten"), subject to legal obligations including prize record retention.
Request that we restrict processing of your data in certain circumstances.
Object to processing based on legitimate interests or for direct marketing.
Receive your data in a structured, machine-readable format.
Withdraw consent at any time. Withdrawal does not affect prior lawful processing.
Lodge a complaint with the Office of the Data Protection Commissioner of Kenya (ODPC) or the relevant authority in your jurisdiction.
To exercise any of these rights, contact us at info@novaexcellenceawards.org. We will respond within 30 days in accordance with Section 38 of the Data Protection Act, 2019 (Kenya). We may request proof of identity before acting on your request. Guardians must demonstrate their legal authority to act on a Minor's behalf.
12. How We Protect Your Data
We implement appropriate technical and organisational security measures to protect your personal data against accidental loss, unauthorised access, disclosure, alteration, or destruction, in accordance with Section 41 of the Data Protection Act, 2019 (Kenya). These measures include:
- Secure HTTPS encryption for all data transmitted through our Platform.
- Access controls limiting data access to authorised personnel only, on a strict need-to-know basis.
- Separate restricted-access storage for prize-related KYC and financial data.
- Regular security reviews and vulnerability assessments of our systems.
- Secure storage of data on servers with appropriate physical and logical safeguards.
While we take every reasonable precaution, no method of transmission over the internet or electronic storage is 100% secure. In the event of a data breach that is likely to result in risk to your rights and freedoms, we will notify you and the Office of the Data Protection Commissioner of Kenya (ODPC) as required by the Data Protection Act, 2019 (Kenya), and applicable law.
14. Minors — General Platform Use
Our Platform and services are not directed at persons under the age of 18 for the purposes of independent account creation, voting, or ticket purchasing. We do not knowingly collect personal data directly from minors for these purposes without Guardian authorisation.
Minor nominees may be nominated in applicable award categories, subject to the mandatory Guardian consent requirements in Section 8 of this Policy and Section 5 of our Terms of Use.
If you are a parent or guardian and believe your child has provided us with personal data without your consent, please contact us immediately at info@novaexcellenceawards.org. We will take steps to verify the situation and delete such information promptly, in accordance with the Children Act, 2022 (Kenya) and the Data Protection Act, 2019 (Kenya).
15. Changes to This Privacy Policy
We reserve the right to update or amend this Privacy Policy at any time to reflect changes in our practices, technology, legal requirements, or other factors, including changes to the Data Protection Act, 2019 (Kenya) or associated regulations. When we make material changes, we will:
- Update the "Last Updated" date at the top of this page.
- Display a prominent notice on our Platform.
- Where appropriate, notify you directly by email.
Your continued use of the Platform after the effective date of any changes constitutes your acceptance of the revised Policy. We encourage you to review this page periodically.
16. Contact Us
If you have any questions, concerns, or requests relating to this Privacy Policy, the handling of your personal data, a prize claim, or data relating to a minor nominee, please reach out to us through any of the following channels:
We aim to respond to all privacy-related enquiries within 5 business days. For complaints that remain unresolved, you have the right to lodge a complaint with the Office of the Data Protection Commissioner (ODPC) of Kenya at www.odpc.go.ke.