Last updated 14 July 2020.
i. an identified natural person; or
ii. an identifiable natural person, that is, a natural person who can be identified directly or indirectly, by reference to an identifier that relates to them such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person, but does not include data where the identity has been removed (anonymous data).
This Policy may change from time to time; any changes we make to this Policy will be posted on this Website, we may also take any other steps, to the extent required by applicable law, including notifying you and/or seeking your explicit consent to material changes.
Changes to this Policy are effective as of the stated "Last Updated" date. Other than where we have sought such explicit consent from you, your continued use of the Website after we make changes will constitute acceptance of, and agreement to be bound by, those changes, so please check the Policy periodically for any updates or changes.
We collect information that you provide us or voluntarily share with other users, and also some general technical information that is automatically gathered by our systems, such as IP address, browser information and cookies to enable you to have a better user experience and a more personalized browsing experience.
We will not share information that you provide us in the process of the registration - including your contact information - except as described in this Policy.
Information that you choose to publish on the Website (photos, videos, text, music, reviews, deliveries) - is no longer private, just like any information you publish online.
The above are just the highlights. We encourage you to read more about the information we collect, how we use it, understand the meaning of cookies and more in the long version of our Policy below.
1.1. Nanga Registrars (including Nanga Registrars’s affiliates) respects your privacy and is committed to protect the personal information of its users ,workers, collaborators and other visitors browsing the Website (the Users) as well as affiliates and other collaborators interacting with Nanga. We believe that you have a right to know our practices regarding the information we collect when you visit and/or use the Website.
This Policy explains our privacy practices for the Website and services provided by Nanga Registrars as well as privacy practices that apply to affiliates and other collaborators who are individuals.
2. Information We Collect
2.1. In the course of your use of this website or your interaction with us through this website, we may collect Personal Data directly from you save for instances where the law permits us to collect your Personal Data from other sources.
2.2. In addition, we collect information while you access, browse, view or otherwise use the Website. In other words, when you access the Website we are aware of your usage of the Website, and gather, collect and record the information relating to such usage, including geo-location information, IP address, device and connection information, browser information and web-log information, and all communications recorded by Users through the Website.
2.3. We use the above information to enhance user experience, personalize your browsing experience as well as monitor the Website for preventing fraud and inappropriate content or behaviour. We also collect supplemental information obtained from third parties such as demographic and navigation data, if applicable.
2.4. The types of Personal Data that may be collected include your name, business contact details, job title or position and, particularly if you are a client or potential client or employed or engaged by one, your expertise and interests. Where relevant, we may collect other Personal Data– for example, your membership of professional associations or boards or, in rare cases, financial information. We may also collect other Personal Data directly from you (save for instances where the law permits us to collect your Personal Data from other sources) in the course of providing services to you or your employer, or to someone else based on subsequent interactions with you.
2.5. We collect Personal Data when we are (or propose to be) dealing with, or providing or marketing our services to you, a client, or someone employing or engaging you. In accordance with our legal obligations we inform you of the following:
2.5.1 your rights as the subject of the Personal Data which we collect from you;
2.5.2 the fact that we are collecting your Personal Data from you;
2.5.3 the purpose for which we intend to collect your Personal Data including why we are collecting your Personal Data and how we plan to use it;
2.5.4 the third parties to whom your personal data will be shared or transferred, including details of safeguards adopted;
2.5.5 the contacts of the data controller or data processor who will process your Personal Data;
2.5.6 a description of the technical and organizational security measures taken to ensure the integrity and confidentiality of the data;
2.5.7 whether the data being collected pursuant to any law and whether such collection is voluntary or mandatory;
2.5.8 the consequences where the data subject fails to provide all or any part of the requested data.
2.6. If you apply for a job with us, we may collect certain Personal Data from you such as your name and contact details and information about your working history. We may also collect your Personal Data from relevant records checks, from any recruitment consultant and from your previous employers, universities and others who may be able to provide information to us to assist us in our decision on whether or not to make you an offer of employment. As part of the job application process and in every other instance where we intend to collect your Personal Data from other sources besides you, we will, in so far as practicable, notify you of the fact that we intend to collect such Personal Data. In instances where you apply for any employment position with us, you agree that by so doing, you are validly consenting to our collection of your relevant Personal Data from other sources for purposes of evaluating your application.
3. How do we collect Information?
3.1. You directly provide us with most of the information we collect. You do this by filling out the registration details on the Website. This includes personal data you provide when you apply for our services or subscribe to our service or publication.
3.3. We also collect information from third party vendors and/or partners and/or other commercially available sources such as data aggregators and public databases, who provide us data to supplement the information we collect about you, in accordance with applicable laws. For example, we may receive fraud warnings from service providers for our fraud prevention and risk assessment efforts.
4. How do we use the Information collected?
4.1. Where relevant under applicable laws including the Data Protection Act (No. 4 of 2019 laws of Kenya) and the European Union General Data Regulation Protection (EU GDPR), all processing of your personal information will be justified by a condition for processing. Processing will mainly be justified on the basis that:
4.1.1. you have provided your consent for us to use your personal information for a specific purpose;
4.1.2. our use of your personal information is necessary to perform a contract or take steps to enter a contract with you (e.g. to provide you with services which you have purchased);
4.1.3. the processing is necessary to comply with a relevant legal obligation or regulatory obligation that we have (e.g. fraud prevention); or
4.1.4. the processing is necessary to support our legitimate interests as a business (e.g. to improve our services to you), subject to your interests and fundamental rights and provided it is conducted at all times in a way that is proportionate.
4.2. We will use your personal information for the following purposes:
4.2.1. to provide you with quality service and security, to operate the Website and to perform our obligations to you. For example, we use the information collected from you to verify your identity. The information helps us develop and improve our services to you and customise and personalise your experience;
4.2.2. to manage our relationship with you which will include notifying you of our change of policy;
4.2.3. to promote and advertise the Nanga Registrars Website. For example, we use the information collected from you for the purpose of sending direct marketing messages (as detailed below), to show you information that may be of interest to you.
4.2.4. to maintain appropriate business records, to comply with lawful requests by public authorities and to comply with applicable laws and regulations or as otherwise required by law.
4.3. We will ask for your consent before using information for a purpose other than those set out in this Policy.
4.4. Direct marketing:
4.4.1. We use your personal information to send you direct marketing communications about our services that may be of interest to you or our related services. This may be via email, post, SMS, telephone or targeted online advertisements.
4.4.2. Processing of your personal information for marketing purposes is based on our legitimate interest, although in some circumstances (as required by law) will be based on your consent. A user may prevent direct marketing of any form at any time if they wish – this can be exercised by following the opt-out link attached to each communication or by sending an email to firstname.lastname@example.org
4.4.3. We take steps to limit direct marketing to a reasonable and proportionate level, and to send you communications which we believe may be of interest or relevance to you, based on the information we have about a User.
5. How long do we keep your information?
5.1. Nanga Registrars will retain a User’s personal information only for as long as is required to fulfil the purpose for which it was collected. However, in some circumstances we may retain your personal information for longer periods of time. We may retain your information for the following purposes:
5.1.1. if it is necessary and relevant for our operations, e.g. so that we have an accurate record of your dealings with us in the event of any complaints or challenge; and
5.1.2. in relation to personal information from closed accounts to comply with applicable laws, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, enforce our Website terms and take other actions as permitted by law.
6. Use of the Website by Minors
6.1. Our Website is not intended for use by minors (people under 18 years of age). A minor should not provide any personal information to or on the Website. We do not knowingly collect personal information from minors. Parents and guardians should always supervise a minor’s activities.
6.2. If we learn we have collected or received personal information from a minor, we will delete that personal information. If you believe we might have any information from or about a minor, please contact us at email@example.com.
7. Sharing Personal Information with Third Parties
7.1. Nanga Registrars does not sell or rent your personal information to third parties for their marketing purposes without your explicit consent.
7.2. We implement commercially reasonable security measures to help protect against unauthorised access to or unauthorised alteration, disclosure, or destruction of data. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. Accordingly, and despite our efforts, we cannot guarantee or warrant the security of any information you transmit to us, or to or from our online products or services.
7.3. We may provide your personal details to third parties, only in order to operate the Website, provide our services to a User, fulfil obligations imposed on us by applicable laws and regulations, and prevent fraud and illegal activities, as detailed below:
7.4. We may share your information to law enforcement agencies, public authorities or other organisations in order to respond to a court order, judicial process or to regulatory authorities, if we believe we are required to do so by law, or that doing so is reasonably necessary to comply with legal processes; when we believe it necessary or appropriate to disclose personal information to law enforcement authorities, such as to investigate actual or suspected fraud or violations of law, breaches of security, or breaches of this Policy; to respond to claims against us; and to protect the rights, property, or personal safety of Nanga Registrars, our customers, or the public;
7.5. We may share your information with payment processors, fraud detection agencies and similar third parties for the purpose of securing the Website and protecting it against fraud, unauthorized transactions (such as money laundering), claims or other liabilities;
7.6. We may share your information with our corporate affiliates that are related by common control for the purpose of operating the Website, providing our services to you and for other purposes listed herein; and
7.7. A User’s personal information will also be disclosed if we undergo a business transition such as a merger, sale, transfer of all or a portion of our assets, acquisition, bankruptcy or similar event. If we sell any business or assets, we will be obligated to disclose a Users’ data to the prospective buyer. If Nanga Registrars or substantially all our assets are acquired by a third party, information held by us about our Users will be one of the transferred assets.
8. Where We Store Your Personal Information
8.1. Some of the personal information you provide to us will be stored or processed on our behalf by third party suppliers and data processors and may be located in other jurisdictions, whose laws may differ from the jurisdiction in which you live.
8.2. Whether to third parties or internally, any transfers of personal information outside the jurisdiction of Kenya to countries not deemed to provide an adequate level of data protection may be governed by the EU GDPR standard contractual clauses, and/or equivalent data transfer regulations to protect the security and confidentiality of personal information.
8.3. We will take all steps reasonably necessary to ensure that your personal information is treated securely and in accordance with this Policy.
9.1. We take great care in maintaining the security of the Website and your information and in preventing unauthorized access, loss, misuse, alteration, destruction or damage to it through industry standard technologies and internal procedures. We contractually ensure that any third party processing your personal information equally provides for confidentiality and integrity of your data in a secure way. However, the transmission of data via the internet is not completely secure, and although we will do our best to protect your personal information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk. Once we have received your data, we will use strict procedures and security features to try to prevent unauthorized access.
9.2. Users who have registered to the Website agree to keep their password in strict confidence and not disclose such password to any third party.
9.3. Further information about our data security practices can be provided on request.
10. Rights of Kenyan Users and Data Subjects
10.1. Under applicable Kenyan legislation as well as the EU GDPR, you have the following rights in respect of your personal information:
10.1.1. to obtain a copy of your personal information together with information about how and on what basis that personal information is processed;
10.1.2. to rectify inaccurate personal information;
10.2. to erase your personal information in limited circumstances where:
10.2.1. you believe that it is no longer necessary for us to hold your personal information;
10.2.2. we are processing your personal information based on legitimate interests and you object to such processing, and we cannot demonstrate an overriding legitimate ground for the processing;
10.2.3. where you have provided your personal information to us with your consent and you wish to withdraw your consent and there is no other ground under which we can process your personal information; and
10.2.4. where you believe the personal information, we hold about you is being unlawfully processed by us;
10.3. to restrict processing of your personal information where:
10.3.1. the accuracy of the personal information is contested;
10.3.2. the processing is unlawful but you object to the erasure of the personal information;
10.3.3. we no longer require the personal information for the purposes for which it was collected, but it is required for the establishment, exercise or defence of a legal claim or you have objected to us processing your personal information based on our legitimate interests and we are considering your objection;
10.4. To challenge processing which we have justified based on our legitimate interest;
10.5. to object to decisions which are based solely on automated processing or profiling; where you have provided your personal information to us with your consent, to ask us for a copy of this data in a structured, machine-readable format and to ask us to share this data to another data controller; or
10.6. to obtain a copy of or access to safeguards under which your personal information is transferred outside of Kenya.
10.7. In addition to the above, you have the right to lodge a complaint with a supervisory authority within Kenya for data protection.
10.8. We will ask you for additional data to confirm your identity and for security purposes, before disclosing data requested to you. We reserve the right to charge a fee where permitted by law. We will decline to process requests that jeopardize the privacy of others, are extremely impractical, or would cause us to take any action that is not permissible under applicable laws. Additionally, as permitted by applicable laws, we will retain where necessary certain personal information for a limited period for record-keeping, accounting and fraud prevention purposes.
11. Updating Your Information
11.1. We take steps to ensure that the personal information we collect is accurate and up to date, and we provide you with the opportunity to update your information through your account profile settings. If you believe your information is in any way incorrect or inaccurate, please let us know immediately. We will make sure we investigate the matter and correct any inaccuracies as quickly as possible where necessary or give you ways to update it quickly or to delete it - unless we have to keep that information for legitimate business or legal purposes.
12. Contact Us
12.1. To exercise any of your rights in connection with your personal information, we kindly ask that you contact us on firstname.lastname@example.org. Please include all the relevant details, so your concern can be handled correctly. We will process any requests in line with any local laws and our policies and procedures.
12.2. If you have any questions (or comments) concerning this Policy or our privacy practices, please contact our team using the contact details below, and we will make an effort to reply within a reasonable timeframe.
Full name of legal entity: Nanga Registrars LLP
Email address: email@example.com
Postal address: P.O Box Number 44468-00100, Nairobi
Telephone number: + 254 709 473 003