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OwnJointly (the “Platform”, www.ownjointly.com or “OwnJointly App”) is thebrainchild of Xymbolic Cooperative Multipurpose Society Limited, a CooperativeSociety duly registered under the Laws of Lagos State of Nigeria, and whose missionis to empower its members to collectively realize their economic aspirations, whilestrengthening their social and human capital, and also developing their communities.OwnJointly seeks to build a co-ownership community with the sole aim of simplifyingaccess to income-producing real property.
These Terms and Conditions (“Terms”) govern the access to and the use of thisPlatform, including both mobile and online versions, online and mobile services (e.g.,apps) and software made available by Xymbolic Cooperative Multipurpose SocietyLimited (“Xymbolic”, “we”, “our” or “us”), as updated from time to time. TheseTerms also govern your use of interactive features, widgets, plug-ins, applications,content, downloads and/or other services that we own and control and that post alink to these Terms and Conditions, regardless of how you access or use any of theservices on our Platform, whether via computer, mobile device or otherwise.
By using any of our Services, you acknowledge and accept our Privacy Policy (NOTE TO THE OPERATOR; “PRIVACY POLICY” SHOULD BE IN HYPERLINKSO THAT THE CUSTOMER CAN CLICK THE LINK AND BE DIRECTED TO THEPRIVACY POLICY), and consent to the collection and use of your data inaccordance with the said Privacy Policy.
Please carefully read the Terms below before subscribing to the real estateopportunities listed on this Platform. Once you create a Membership Account on ourPlatform by signing up to use our Platform, either by phone or through our mobileapplications or by any other available channel, you agree to be bound by theseTerms, the Privacy Policy, the bye-laws, and all other operating rules or policies thatmay be published by us from time to time on this platform, each of which isincorporated by reference into these Terms and forms part of these Terms.
1.1 The real property opportunities provided on this Platform are for thedirect benefit of our members, and you agree that upon signing up onour Platform, you shall be consenting to being a member of/enrolled inXymbolic Cooperative Multipurpose Society Limited, and shall adhere toour bye-laws (NOTE TO THE OPERATOR; “BYE-LAWS” SHOULD BEIN HYPERLINK SO THAT THE CUSTOMER CAN CLICK THE LINKAND BE DIRECTED TO IT).1.2 You may use our services or benefit from our opportunities only if youhave attained the age of eighteen (18) years or older, and are capable offorming a binding contract with us.1.3 If you are seeking to benefit from the co-ownership opportunities listedon this Platform on behalf of a Company, a minor, or other legal entity,you undertake to obtain the requisite authority to bind that entity to theseTerms.1.4 You agree to provide such membership registration data which willcontain information about you, as may be prompted by any registrationform on this platform, and to keep such data updated at all times.Furthermore, you agree to ensure that the information/data provided isaccurate and truthful.1.5 In the event that you are provided with or you choose to provide a useridentification code, password, or any other piece of information as part ofour security procedures, you agree to treat such information asconfidential and not to disclose it to any third party. Furthermore, youagree that once you are granted access to this Platform, and accordinglyenrolled as a member, such access right is not transferable to any otherperson.
1.2 You may use our services or benefit from our opportunities only if youhave attained the age of eighteen (18) years or older, and are capable offorming a binding contract with us.
1.3 If you are seeking to benefit from the co-ownership opportunities listedon this Platform on behalf of a Company, a minor, or other legal entity,you undertake to obtain the requisite authority to bind that entity to theseTerms.
1.4You agree to provide such membership registration data which willcontain information about you, as may be prompted by any registrationform on this platform, and to keep such data updated at all times.Furthermore, you agree to ensure that the information/data provided isaccurate and truthful.
1.5In the event that you are provided with or you choose to provide a useridentification code, password, or any other piece of information as part ofour security procedures, you agree to treat such information asconfidential and not to disclose it to any third party. Furthermore, youagree that once you are granted access to this Platform, and accordinglyenrolled as a member, such access right is not transferable to any otherperson.
2.1 You agree that the opportunities listed on this Platform are an invitationto treat, and that you make an offer when you subscribe to any of theopportunities that are appropriate to your financial situation, risk appetiteand risk tolerance. After you subscribe to any of the opportunities listedon this platform and make the required payment, you will receive anemail confirming receipt of your subscription or we may post aconfirmation message on the website or through in-app messaging.
2.2 The acceptance of your offer by us will only be effective when wetransmit a certificate of beneficial ownership/purchase to you via theemail provided by you within forty-eight (48) hours from our subscriptionconfirmation email, and its purpose will be to acknowledge your interestas a co-owner of the real property comprised in the opportunitysubscribed to by you.
2.3 You agree that by co-owning any of the real property presented on thisplatform, you will observe the minimum holding period ascribed to theproperties, and that the sum paid by you as principal will be unavailableto you for the duration of the holding period. However, at the end of theminimum holding period, you can choose to redeem your principal andthe accrued interest on any of the real property opportunity yousubscribe to or you can choose to roll over your capital and renew yourplan for another term, except for projects that have a fixed tenure.
2.4 You shall be entitled to receive periodic updates on the performance andstatus of the real property opportunity subscribed to by you via the emailaddress contained in your membership form or as updated by you fromtime to time. The updates will also be uploaded to your MembershipDashboard and you agree to review the updates as they representprogress trackers for the real estate opportunities you have subscribedto via your membership account.
2.5 You agree and accept that you do not exclusively own any of theproperties contained in your OwnJointly Portfolio and that you are onlyentitled to share the return generated therefrom and/or capital gain fromthe sale, thereby entitling you to the economic interest attached to theproperties, payable in accordance with the subscription terms, andCertificate of Beneficial Ownership/Purchase.
3.1 You agree that the opportunities listed on this Platform are an invitationto treat, and that you make an offer when you subscribe to any of theopportunities that are appropriate to your financial situation, risk appetiteand risk tolerance. After you subscribe to any of the opportunities listedon this platform and make the required payment, you will receive anemail confirming receipt of your subscription or we may post aconfirmation message on the website or through in-app messaging.
3.2 There are instances where your access to the Platform will be impededand those instances are as follows:
3.2.1 When you violate any of the provisions of these Terms, theprivacy policy, bye-laws and all other operating rules or policiesthat may be published by us from time to time on this platform.
3.2.2 When you provide inaccurate registration data; in which case,your access to the platform may be suspended, withdrawn ordiscontinued.
3.2.3 When we carry out routine maintenance or effect an update or anupgrade to the Platform; in which case, due notification will begiven to you.
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We understand and recognize the importance of safeguarding the personal data of our members, and to show our commitment, we have formulated this Data Protection and Privacy Policy to reflect our commitment to maintaining the confidentiality of the information we receive from you via this Platform.
The purpose of this Data Protection and Privacy Policy is to inform you of:
1. Personal Data we may collect from you when you visit our Platform or when you avail of the real property opportunities and other incidental services
provided on our Platform.
2. How we use and secure such Personal Data.
3. The choices you have regarding our use of, and your ability to review and correct the Personal Data, in accordance with the Nigeria Data Protection Regulation (NDPR), 2019, its subsequent amendments and other regulations or laws regulating the collection, and processing of Personal Data in Nigeria.
4. Access (if any) of third parties to the Personal Data we collect on this Platform and the purpose of such access.
5. Available remedies in the event of a violation of the Privacy Policy.
1. What Personal Data is collected from you?
1.1 In general, you can visit our Platform without telling us who you are or revealing any Personal Data. For each visitor to the Platform, our Web server automatically recognises only the visitor’s domain name, but not the email address (where possible).
1.2 We may track the Internet Domain Address from which people visit us and analyse this data for trends and statistics, but individual users will remain anonymous, unless you voluntarily tell us who you are.
1.3 Once you decide to avail any of the real property opportunities presented on this Platform, you shall be required to provide us with certain personally identifiable information that can be used to contact or identify you.
1.4 These Personally Identifiable Information usually include but without limitation
to the following:
a) First, Middle and Last Name.
b) Gender
c) Email Address
d) Phone Number
e) An identity document/number
f) Address, State, Country, ZIP/Postal Code and Nationality.
1.5 The decision to provide the Personally Identifiable Information is completely your own choice but if you choose not to provide this information, you will be unable to avail any of the services or opportunities on our Platform.
1.6 The Personally Identifiable Information we collect from you, as well as others, are treated as confidential, and we use appropriate technical and organisational measures to ensure the integrity and confidentiality of your data at all times. However, we reserve the right to disclose your data on the grounds of public interest, and in accordance with the NDPR or such other law relating to data protection in Nigeria, as well as international best practices on data protection.
1.7 We may also use your Personally Identifiable Information to contact you with newsletters, marketing or promotional materials or other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by clicking on the “unsubscribe” link or following the instructions provided in any email we send you.
1.8 You shall have the right to the rectification, blockage, or erasure of inaccurate, false or unlawfully processed personal data without delay and free of charge. Any such rectification and erasure of your data shall be reflected in our Database Management System.
2 How do we use your Personal Data?
2.1 We use the information you provide to us to process your subscription orders for any of the listed real property opportunities on this Platform or any other request you may make, and to administer your contractual relationship with us. We also use the information to customize your experience on the Platform or to serve you specific content or ads that are relevant or personalised to you.
2.2 We may also use aggregate information and statistics for the purposes of monitoring Platform usage in order to help us develop the Platform and our Services and may provide such aggregate information to third parties. These statistics will not include information that can be used to identify any
individual.
2.3 We also collect this information in order to grant you access to our Services, monitor your usage of our Platform and Services, and/or participation in online activities, including reviews.
2.4 From time to time we may provide your Personally Identifiable Information to our customer service agencies or customer service unit, for research and analysis purposes, so that we can monitor and improve the Platform, online experience and our services to you. We may contact you by email or telephone to ask you for your feedback and comments on our services.
2.5 The information we obtain are also useful in aiding investigations and attending to your complaints or enquiries within reasonable time.
3 Cookies Policy
3.1 Cookies are used to uniquely identify a person, consequently we treat them as Personally Identifiable Information. They are used for analytics and advertising to improve the experience and relevance of our Platform.
3.2 When you first visit our Platform, we ask you via a pop-up banner to accept or reject the use of cookies. This pop-up clearly explains why we use them and asks you to make an affirmative action by clicking continue or accept cookies.
If you do click accept or such other similar command prompt, you unlock the full functionality of our Platform. However, if you refuse to accept cookies on this Platform, it will affect how our Platform works and you may not be able to access or use certain areas of our Platform or its functionality.
4 Third Party Access
4.1 We are bound to keep your Personally Identifiable Information private. Except as provided in this Privacy Policy, we will not sell, rent or loan any of your information to third parties for their marketing purposes without your explicit consent.
4.2 We will not disclose any Personal Data to third parties unless:
a) The disclosure is required or authorised by law,
b) Or you have consented to a disclosure of your Personal Information,
c) Or for other purposes (relating to the primary purpose for collecting that information, including the processing of your personal data or Personal Information by our agents or data processors) that is reasonably expected including the sale or disposal of any part of our business or rights.
d) It is necessary in order to protect the vital interest of another natural person.
e) Or in circumstances where the concealment is likely to endanger the life of another natural person,
f) It is necessary for the prevention and detection of an unlawful act.
g) It is necessary to protect against malpractice or misfeasance.
4.3 We may also collect, and our third-party providers of advertisement and content may collect certain personal data such as information relating to computer location, URL and IP address and domains, your browser type, the country and telephone area code where your computer is located, the pages of our Platform that were viewed during your visit, the advertisements you clicked on, and any search terms that you entered on our Platform.
4.4 We may contract with third-party companies, sub-contractors, service providers, agents or other persons to provide certain services including data management, web development, promotional services and such other ancillary services for the fulfilment of our obligation to you as our member. We call them our “Service Providers” and we shall be entitled to provide our Service Providers with the information needed for them to perform these services. We also ask our Service Providers to confirm that their privacy practices are consistent with ours.
4.5 In sharing your personal data, we will ensure compliance with the NDPR 2019 and any such laws in existence now or to be developed later with respect to data protection and privacy policy in Nigeria.
5 How do you give consent?
5.1 You give consent by expressing a positive action to opt in and it is usually a clear affirmative action expressed by ticking a box next to wordings such as “I acknowledge and agree to be bound by the Privacy Policy” or any other similar wordings.
5.2 By submitting your Personal Data on this Platform, you consent to the use of that information as set out in this Privacy Policy. If we change our Privacy Policy, we will post the changes on this Platform and send you an email notifying you of the change, so that you may be immediately aware.
5.3 You agree that you do not object to us or our Service Providers contacting you for statistical or survey purposes, to improve this Platform and its services to you. You consent to such contact whether by telephone, email or in writing.
6 What happens when we expand; form an alliance or sell our business?
6.1 We may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to our Services. When you access third-party websites, you will be leaving ownjointly.com and you do so at your own risk. Those other websites are not under our control, and you acknowledge that we will not be liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources.
6.2 We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Services on our Platform, so long as:
a) the links only incorporate text and do not use any of our
Trademark;
b) the links and the content on your website do not suggest any affiliation with Xymbolic or cause any other confusion; and
c) the links and the content on your website do not portray ownjointly.com or its services in a false, misleading, derogatory, or otherwise offensive manner, and do not contain content that is unlawful, offensive, obscene, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to us. We reserve the right to suspend or prohibit linking to our Services for any reason, in our sole discretion, without advance notice or any liability of any kind to you or any third party. The inclusion on another website of any link to our Services does not imply endorsement by or affiliation with us. You further acknowledge and agree that we shall not be liable for any damage related t the use of any content, goods, or services available through any third-party website or resource.
7 How we protect your Personal Data
7.1 The Platform is committed to online security. We maintain security measures to protect personal data on our Platform and to prevent unauthorised access of member information transmitted to our servers.
7.2 We cannot guarantee the security of any data sent over the internet but we have put in place appropriate physical, electronic and managerial procedures to protect, secure and safeguard personal data and information collected on or through our Platform, which measures are reviewed from time to time.
Some of the unique measures include but are not limited to the following:
a. We always use industry-standard encryption technologies when transferring and receiving user data exchanged on our Platform.
b. We have appropriate security measures in place in our physical facilities to protect against the loss, misuse or alteration of information that we have collected from you on our Platform.
c. We ensure that handshakes (requests and responses) between user devices/browsers and our servers take place over a Secure Socket Layer (SSL/HTTPS) to keep out any middleman attack.
d. We scrutinise and sanitise every request to our servers to prevent common security exploitations such as Query Injections and Script Injections.
e. We sign every resource-mutating request to our servers with unique security tokens to prevent security breaches such as Cross-Site Resource Forgery (CSRF) and Session Hijacks.
f. Every sensitive data collected from our users are hashed and/or encrypted on our servers with AES-256 and AES-128 encryption.
g. All encrypted data are also signed using a message
authentication code (MAC) so that their underlying values cannot be modified once encrypted.
7.3 Unfortunately, no data transmission over the internet can be guaranteed to be 100% secure. For this reason, while we strive to protect your Personal Data, we cannot guarantee or warrant the security of any Personal Data you transmit to or from our Platform, and you do so at your own risk. Once we
receive your transmission, we will do our best to protect its security on our systems.
7.4 All our employees are briefed on the importance of personal data, security and confidentiality of information obtained. They are also trained on practical aspects of the Nigeria Data Protection Regulation, 2019.
7.5 In respect of detection and investigation of breaches where they occur, we have put in place relevant controls which should alert us to a breach of security. We endeavour to investigate every notified breach of security.
7.6 The personal data and information held by us are currently stored on a relevant technology system, mass email programme database, individual account contact manager’s systems together with the training booking spreadsheet, invoicing spreadsheet, Excel spreadsheets and paper form.
8 What are the Data Protection rights?
8.1 The right to your data privacy as a data subject is enshrined in the Nigeria Data Protection Regulations, 2019 with all the applicable exceptions as stated therein and they include:
a) Right to request that the data collected by us on this Platform be made available to you in an electronic format or that it should be sent to a third party (Kindly note that we reserve the right to decline such request where they are manifestly unfounded or excessive, in particular because of their repetitive character).
b) Right to obtain from the Data processor restriction of processing.
c) Right to transfer data from one data controller to another.
d) Right to request that we delete your personal data without delay and
we shall delete same where one of the following grounds applies:
i. The personal data are no longer necessary in relation to the
purposes for which they were collected or processed;
ii. The data subject has withdrawn his or her consent on which the processing is based;
iii. There is an objection to the processing and there are no
overriding legitimate grounds for the processing;
iv. The personal data has been unlawfully processed; and
v. The personal data has to be erased for compliance with a legal obligation in Nigeria.
9. How long do we store your personal data for?
9.1 We retain the information provided to us for as long as necessary for the purpose(s) for which it was collected and not longer than one (1) year from the date of collection and the said information shall be deleted once the purpose for which it was collected and processed has been achieved. The
period of data storage is also subject to legal, regulatory, administrative and operational requirements.
10. What are the remedies available to you in case of a breach?
10.1 In case of a breach or complaints about the handling of your personal data, you may lodge a complaint with us via email to info@ownjointly.com and we will ensure to resolve your complaints in the shortest possible time.
11. Your Feedback
11.1 To help us improve our privacy policy and practice, please give us your feedback. You may email us at info@ownjointly.com
12. No Waiver
12.1 Any waiver by us of any of the provisions of these Terms will not constitute a waiver of any other provision (whether similar or not), nor will any such waiver constitute a continuing waiver of that particular provision, unless expressly provided by us in writing.
13. Communication and Feedback
13.1 If you have trouble using our Platform with certain browsers or other software or if you want to let us know how we can improve accessibility or you have any questions or comments, please let us know by getting in touch with us via our email at info@ownjointly.com. We appreciate your feedback as your suggestions can help us improve our service.
13.2 In the event that you provide us with feedback, insights, and suggestions, you agree that we will own and have a royalty-free right to exploit any such feedback, suggestions, and insights provided by you concerning the functionality, features, and performance of the Platform, as well as any ideas that you share with us on how to make our platform better, including without limitation to the identification of errors or bugs or any suggested fixes or workarounds, improvements, modifications, or enhancements ("User Feedback"). Furthermore, you agree that the provision of any User Feedback by you will be gratuitous, non-confidential, unrestricted, and made without any right to receive any compensation in return.
