Privacy Policy & Terms
We keep this as plain as possible. If something isn't clear, email us at info@brightermarketing.co.ke
Last updated: 1 January 2025
Who we are
BrighterMarketing is an AI marketing agency based in Nairobi, Kenya. We provide AI-powered advertising, content creation, WhatsApp automation, SEO, analytics, and video production services to businesses across East Africa and beyond.
When this policy says "BrighterMarketing", "we", "us", or "our", it means BrighterMarketing and its team. When it says "you", it means you — whether you're a website visitor, a prospective client, or an existing client.
What information we collect
Information you give us directly
- Your name, company name, email address, and phone number when you fill in our contact form
- Your budget range and service interests when you submit an enquiry
- Any information you share in conversations with our team via email, WhatsApp, or calls
- Billing and payment information when you become a client (processed securely by our payment provider)
Information collected automatically
- Basic analytics data — pages visited, time on site, referring source — to understand how people find and use our website
- Your IP address and browser type for security and performance purposes
- Cookies that help the site function correctly (see cookie section below)
Information from third parties
- If you connect your ad accounts, analytics, or social profiles as part of our service, we access performance data from those platforms (Meta, Google, TikTok, etc.) strictly to deliver the services you've engaged us for
How we use your information
- To respond to your enquiry and scope the right service for your business
- To deliver the marketing services you've engaged us to provide
- To send you reports, updates, and communication related to your account
- To invoice you and process payments
- To improve our website and understand which services people are interested in
- To comply with legal obligations
We do not sell your data. We do not share your personal information with third parties for their marketing purposes. Ever.
Who we share data with
We share your data only where necessary to deliver our services:
- Service providers — tools we use to run our business (email, project management, analytics, payment processing). These providers are contractually required to protect your data
- Ad platforms — Meta, Google, TikTok, and others where we run campaigns on your behalf. Data shared is limited to what's needed to manage your campaigns
- Legal requirements — if required by law, court order, or regulatory body
Data retention
We keep your personal information for as long as necessary to deliver our services and meet legal obligations. If you close your account or we end our engagement, we retain basic records for up to 7 years for accounting and legal purposes, after which they are securely deleted.
You can request deletion of your data at any time by emailing info@brightermarketing.co.ke. We'll action it within 30 days.
Cookies
Our website uses essential cookies to function correctly — things like remembering form state and enabling basic security. We may also use analytics cookies to understand how visitors use the site.
You can disable cookies in your browser settings. This won't stop the site working, but some features may behave differently.
Your rights
You have the right to:
- Access the personal data we hold about you
- Request correction of inaccurate data
- Request deletion of your data
- Object to how we process your data
- Withdraw consent at any time (where processing is based on consent)
To exercise any of these rights, email us at info@brightermarketing.co.ke. We'll respond within 30 days.
Security
We take reasonable technical and organisational measures to protect your data from unauthorised access, loss, or misuse. Access to client account data is restricted to team members who need it to deliver your services.
No method of transmission over the internet is 100% secure. If you believe your data has been compromised, contact us immediately.
Changes to this policy
We may update this policy from time to time. When we make material changes, we'll update the date at the top and, where appropriate, notify active clients by email. Continued use of our services after changes constitutes acceptance.
Contact
Questions about this policy? Email us at info@brightermarketing.co.ke or call +254 700 000 000.
Last updated: 1 January 2025
Agreement to terms
By engaging BrighterMarketing's services — whether through our website, a signed proposal, or a verbal agreement — you agree to these Terms of Service. If you don't agree, don't use our services.
These terms form the legal agreement between you (the client) and BrighterMarketing. They apply to all services we provide: Ad Campaigns, Content Creation, WhatsApp Agents, SEO & Analytics, and Video Ads.
Services
The specific services, deliverables, and pricing we've agreed to provide are set out in your proposal or service agreement. These Terms apply on top of that agreement.
We reserve the right to decline or discontinue services for any client whose use of our services conflicts with our values, violates these terms, or involves illegal activity.
Payment terms
- Retainer fees are invoiced monthly, in advance, on your engagement start date
- Payment is due within 7 days of the invoice date
- Late payments may result in work being paused until the account is settled
- Ad spend is funded directly by you to the relevant platforms — it is not included in our retainer fee and is not handled by us
- All prices are in Kenyan Shillings (KSh) unless otherwise stated
Cancellation policy
You may cancel our services at any time with 30 days' written notice to info@brightermarketing.co.ke. You will be invoiced for any work completed or in progress during the notice period.
We may terminate the engagement immediately if:
- Payment is more than 30 days overdue
- You breach these Terms of Service
- You use our services for illegal or harmful purposes
Your responsibilities
To deliver results, we need your cooperation. You agree to:
- Provide timely access to accounts, assets, and information we request
- Review and approve creative work within agreed timeframes
- Ensure all information and assets you provide are accurate and legally yours to use
- Fund your ad accounts at agreed levels to allow campaigns to run
- Attend scheduled calls and respond to communications within a reasonable time
Delays caused by late approvals, missing access, or withheld information may affect delivery timelines. We are not responsible for missed targets caused by client-side delays.
Intellectual property
What you own
Once paid in full, you own the creative deliverables we produce for you — ad copy, video content, blog posts, and other outputs. You may use them freely for your business.
What we own
We retain ownership of our proprietary processes, systems, AI models, templates, and methodologies. Engaging our services gives you the benefit of these, but not ownership of them.
Third-party assets
Where we use licensed stock footage, music, or imagery in your content, usage is covered by our licences for the duration of your engagement. If the engagement ends, you may need to obtain your own licences for continued use of that content.
Confidentiality
We treat all information about your business — strategy, financials, customer data, and operations — as confidential. We will not share it with third parties except where required to deliver your services or by law.
We may reference you as a client in our marketing (e.g. "brands we work with") unless you ask us not to. We will always seek approval before sharing specific results or case study details publicly.
Results disclaimer
We work hard and stand behind our work. Our 30-day results commitment applies to Growth plan clients as described in our service materials. However:
- Marketing results are influenced by many factors outside our control — market conditions, competition, product quality, pricing, and more
- We do not guarantee specific revenue outcomes or return on ad spend
- Past results for other clients are indicative, not a guarantee of your results
Limitation of liability
To the maximum extent permitted by law, BrighterMarketing's liability to you for any claim arising from our services is limited to the fees paid by you in the three months preceding the claim.
We are not liable for indirect, consequential, or incidental losses — including lost profits, lost data, or lost business opportunities — even if we were advised of the possibility.
Governing law
These terms are governed by the laws of Kenya. Any disputes will be resolved in the courts of Nairobi, Kenya, or through mutually agreed alternative dispute resolution.
Changes to these terms
We may update these terms periodically. We'll notify active clients of material changes by email. Continued use of our services after changes constitutes acceptance of the updated terms.
Contact
Questions about these terms? Email info@brightermarketing.co.ke or call +254 700 000 000.