Privacy Policy

1. Introduction

This is the Privacy Policy of Kwandah Ltd ("Kwanda", "we", "us", or "our"). We respect your privacy and are committed to protecting your personal data.

This Privacy Policy informs you how we look after your personal data when you visit our website (regardless of where you visit it from), use our AI Agent Platform, or engage with our services as a Client or Talent. It also tells you about your privacy rights and how the law protects you.

2. Important Information and Who We Are

Kwandah Ltd is the controller and responsible for your personal data.

Contact Details

• Full name of legal entity: Kwandah Ltd
• Email address: support@kwanda.ai
• Postal address: 80 Cheapside, London, EC2V 6EE, United Kingdom

We are registered in the UK; however, we recognise our obligations under the UK GDPR, the EU GDPR, and the South African Protection of Personal Information Act (POPIA) where applicable to our clients and talent.

3. The Data We Collect About You

Personal data, or personal information, means any information about an individual from which that person can be identified. We may collect, use, store and transfer different kinds of personal data:

• Identity Data: Name, username, title, and date of birth.
• Contact Data: Billing address, email address, and telephone numbers.
• Technical Data: IP address, login data, browser type/version, time zone setting, and platform details.
• Profile Data: Your username and password, interests, preferences, feedback, and survey responses.
• Talent Data: For our freelancers, we collect CVs, portfolios, work history, South African ID numbers (where applicable), and payment details.
• Agent Interaction Data: Transcripts, prompts, and inputs provided to AI Agents deployed via our platform.
• Usage Data: Information about how you use our website, products, and services.

4. How We Use Your Personal Data

We will only use your personal data when the law allows us to. Most commonly, we use your personal data in the following circumstances:

• Performance of Contract: To register you as a new client or talent and to deliver services outlined in a Statement of Work (SOW).
• Legitimate Interests: Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests (e.g., platform security).
• Comply with Legal Obligation: Where we need to comply with a legal or regulatory obligation.

5. The AI Agent Platform & Data Ingestion

Kwanda provides AI automation and agentic services.

• Prompt Privacy: Data submitted to our AI Agents is used to generate responses for the user and/or may be used by us to inform which services we render to you.
• No Model Training:Unless explicitly agreed in writing within a Client SOW, Kwanda does not use Client-proprietary data or "Prompt Data" to train the foundational models of third-party providers (e.g., OpenAI, Anthropic).
• Sub-Processors: We use enterprise-grade AI infrastructure providers. We ensure these providers adhere to strict data privacy standards where data is not used for their own model training.
• Kwanda deploys dedicated OpenClaw instances to provide AI automation services to our users. Inputs provided to our OpenClaw instances are routed through our secure Gateway to enterprise-grade Large Language Model (LLM) providers (e.g., OpenAI, Anthropic). We ensure these sub-processors adhere to strict data privacy agreements that prohibit the use of your data for training their foundational models. To provide a continuous and contextual experience, our OpenClaw instances may utilise a localised vector memory system. This allows the agent to recall past conversational context.

6. The Managed Marketplace: Data Sharing

Kwanda acts as a "Managed Marketplace" and "Merchant of Record." To facilitate this, we share data as follows:

• Between Kwanda and Talent: We may share Client project requirements with vetted freelancers to perform the work.
• Between Kwanda and Clients: We may share Talent profiles and professional histories with Clients for vetting and project matching.
• External Service Providers: We may use third-party providers for hosting (e.g., AWS, Azure), payment processing, and project management tools.

7. International Transfers

We share your personal data within the Kwanda ecosystem, which involves transferring data outside the UK (specifically to and from South Africa).

Whenever we transfer your personal data out of the UK, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

• We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data.
• Where we use certain service providers, we may use specific contracts approved for use in the UK which give personal data the same protection it has in the UK (International Data Transfer Agreements or SCCs).

8. Data Security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those Talent members, employees, agents, contractors and other third parties who have a business "need to know."

9. Data Retention

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for. Our retention periods vary based on the nature of the data and the purpose of the engagement:

• Consulting & Contractual Data: We retain basic information about our clients and talent (including Identity, Contact, and Financial Data) for six years after they cease being customers. This is to comply with our legal and tax obligations (HMRC) and to protect our legal position in the event of a contractual dispute (Limitation Act 1980).
• Platform Interaction Data: Data generated through interactions with our AI Agent Platform (including transcripts, prompts, and inputs) is retained for a period of six months from the date of the deletion of your Agentic instance, after which it is deleted or anonymised, unless its retention is required to fulfil a specific ongoing service request or legal obligation.

10. Your Legal Rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data, including the right to:

• Request access to your personal data.
• Request correction of your personal data.
• Request erasure of your personal data.
• Object to processing of your personal data.
• Request restriction of processing your personal data.
• Request transfer of your personal data.
• Right to withdraw consent.

If you wish to exercise any of the rights set out above, please contact us at support@kwanda.ai.

11. Complaints

You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK regulator for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO, so please contact us in the first instance.