1. INTRODUCTION
- 1.1. African Digital Heritage (ADH, We, or Our) values your privacy and appreciates you taking your time to read our privacy policy (the ADH Privacy Policy).
- 1.2. This ADH privacy policy sets out the personal data we collect and how we handle it in accordance with the Data Protection Act, 2019 (the Act), the regulations thereunder and all other relevant laws.
- 1.3. This privacy policy is to be read with any other policies, notices and consent forms issued by ADH from time to time regarding the processing of your personal data.
- 1.4. Our privacy policy regularly undergoes review the last one being made on 11 January 2024.
2. YOU MAY NEED TO NOTE
- 2.1. The Act describes a Data Controller as ‘a natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purpose and means of processing of personal data’
- 2.2. ADH is therefore a data controller in relation to the processing of the personal data you provide.
- 2.3. A Data Subject is defined under the Act as ‘an identified or identifiable natural person who is the subject of personal data’ while Personal data is described under the Act as ‘any information relating to an identified or identifiable natural person.’
- 2.4. You are therefore a data subject from whom ADH may collect personal data from.
3. YOUR RIGHTS AS A DATA SUBJECT
3.1. Subject to certain exceptions and limitations, as a data subject, you have legal rights in relation to the personal data that we hold about you. These rights include the right to:
(a) be informed of how we use your personal data
(b) request access to your personal data (or personal data you provide) and receive a copy of such personal data we hold about you
(c) request correction and erasure of the personal data that we hold about you
(d) request the restriction of processing of your personal data (or personal data you provide). This enables you to ask us to suspend processing of your personal data (or personal data you provide)
(e) request us to transfer personal data either to you or to another company in a commonly used electronic format (data portability)
(f) object to the processing of your personal data (or personal data you provide)
(g) object and opt-out of our direct marketing services, and
(h) request not to be subject to automated decision making. This enables you to ask us not to make a decision about you that affects your legal position (or has some other significant effect on you) based purely on automated Processing of your data.
3.2. To exercise any of these rights, please write to us at hello@africandigitalheritage.org
3.3. We will respond to your request without undue delay and no later than the time periods stipulated by the applicable data protection laws.
4. PERSONAL DATA- WHAT WE COLLECT AND HOW WE PROCESS IT
4.1. ADH may collect personal data from the public, service providers/consultants, public institutions, educational institutions, potential partners and partners as well as potential donors and donors.
4.2. ADH may collect, use, store, share or otherwise process your personal data which includes:
- your name, gender, nationality, date of birth, email address, physical address, telephone number and other contact details
- your online preferences and subscription selections
- as applicable, your business information and contact details
4.3. ADH may also process information:
- contained in communication we have with you (including voice and video recordings, messages, emails, letters) with respect to any meetings, trainings, workshops you may be involved with us
- about your use of our information and communications systems, including our website
- about your interactions with us on our social media platforms, and
- information received in response to any interviews or surveys conducted by ADH.
5. WHERE YOU PROVIDE PERSONAL DATA COLLECTED FROM A THIRD PARTY
Where we process personal data that has been provided by you by a third party, we take it that:
a) you have taken all the necessary steps in informing such third party of their personal data protection rights, and that
b) you will be confirming that you have obtained the necessary consent from such respective third party to the use of their personal data.
6. WHAT HAPPENS IF YOU FAIL TO PROVIDE THE REQUESTED PERSONAL DATA?
We may not be able to adequately serve you or provide you with the services you require in instances where you fail to provide personal data we request from you.
7. COLLECTION OF PERSONAL DATA
7.1. ADH collects personal data in different ways including:
(a) instances where you provide the personal data directly to us, through:
- communication between ADH and you through different media such as phone calls, emails or social media)
- participating in recruitment with respect to our consultants and service providers
- participating in trainings, workshops, webinars, seminars, roundtables or townhalls organised by ADH
- participating in surveys, questionnaires, polls shared by ADH
- participating in interviews conducted by ADH for research purposes
- signing up to receive our marketing and promotional messages
- signing up to receive our subscriptions and/or newsletters
- completing an attendance lists to participate in events (virtual or physical) organised by ADH and its various partners, and
- your use of our website www.africandigitalheritage.org. Section 11 on Cookies elaborates this further.
(b) From publicly available sources including the internet, public records and registers and social media accounts.
8. ADH’s USE OF YOUR PERSONAL DATA OR PERSONAL DATA YOU PROVIDE TO US
Your personal data provided to ADH may be used for:
- confirming your identity and communicating with you
- evaluating applications for recruitment purposes
- evaluating applications for proposed partnerships with ADH
- evaluating applications for provision various services
- evaluating applications for funding applications
- evaluating applications for the attendance of events organised by ADH and its various partners
- communicating effectively with you. Please note that you will be given the opportunity to opt-out of receiving some communications from us.
- complying with our obligations to donors and sponsors (including our disclosure obligations under their terms and conditions and policies)
- investigating and responding to complaints or incidents relating to us or our business, to maintain service quality and to train staff to deal with complaints and disputes
- meeting our obligations to, cooperating with, responding to requests from, complying with lawful requests by public authorities or where otherwise required or authorised by applicable laws, court orders, government regulations, or regulatory authorities this country
- conducting compliance activities such as audit and reporting, assessing, and managing risk, and
- fulfilling, monitoring our responsibilities and under the various laws of Kenya
9. LEGAL BASIS FOR PROCESSING YOUR PERSONAL DATA (OR THE PERSONAL DATA YOU PROVIDE)
9.1. ADH will base its use of your personal data when, after careful consideration and analysis, one of the following legal grounds can be said to be applicable:
(a) where the processing of your personal data is based on a legitimate interest pursued by us in line with our mandate to cement the place of African culture in an era of rapidly changing technologies and endless frontiers
(b) where the processing of your personal data is necessary for the performance of a contract/service agreement to which you are a party and in line with ADH fulfilling its obligations under such contract/service agreement
(c) where the processing of your personal data is necessary for ADH to comply with a legal obligation for example on request by a governmental authority
(d) where the processing of your personal data is based on your express and informed consent
• ADH would like to reiterate that where you have provided your consent you have the right to withdraw your consent for that specific processing at any time. Please note that by withdrawing your consent, the withdrawal will not render unlawful our prior processing of your personal data or the processing which is based on other legal bases for processing of your personal data.
(e) where the processing of your personal data is necessary to protect your interests (or as applicable, someone else’s interests), and
(f) where the processing of your personal data is necessary to perform a task carried out in the public interest or for official purposes.
10. CHANGE OF PURPOSE
10.1. ADH will use your personal data solely for the purposes for which it was collected unless we are bound to use it for a different purpose pursuant to ADH’s compliance with a given law.
10.2. We will seek your fresh consent in instances where we intend to process your personal data for a different purpose than it was collected.
11. COOKIES
11.1. A “cookie” is information that a web server sends to your web browser when you visit our website.
11.2. In order to improve our service to you through the internet, we will occasionally use “cookies” which we may collect through:
(a) information about your use of our services and about the device you use to access our services
(b) the pages you request and visit and any posts you submit
(c) information on your interaction with other pages
(d) information obtained during maintenance or support of our website
(e) information about your device such as MAC and IMEI numbers, your IP address, and the URLs of sites from which you arrive or leave our website, and
(f) your type of browser, your operating system, your mobile or internet service provider and the make and size of your device (such as for page displays and interoperability).
11.3. We use cookies for different purposes such as allowing you to navigate between pages efficiently, identifying you after you have logged in by storing a temporary reference number in the cookie, allowing you to access stored information if you register for any of our online platforms, and generally improving your online experience.
11.4. Cookies do not enable us to gather personal data about you unless you give the information to our server. Most Internet browser software allows the blocking of all cookies or enables you to receive a warning before a cookie is stored.
12. WHO DO WE SHARE YOUR PERSONAL DATA (OR PERSONAL DATA YOU PROVIDE) WITH?
12.1. Your personal data may be disclosed to:
(a) our partners,
(b) our external service providers where we outsource certain functions.
• We will only disclose personal data to our external service providers when it is essential for them to provide their service and we have a contract in place that requires them to keep your information secure and not to use it other than in accordance with our specific instructions.
(c) funders and sponsors of ADH
(d) our professional service providers (e.g., legal advisors and accountants,), and
(e) any other person you have authorised us by your consent to share your personal data with.
13. CROSS BORDER TRANSFER OF PERSONAL DATA
ADH may transfer your personal data to its partners, donors and other entities located in countries outside Kenya including countries which have different data protection standards to those which apply in Kenya and in any case will ensure that appropriate safeguards are in place to protect your personal data.
14. DATA SECURITY
14.1. We have put in place appropriate physical and technical measures to safeguard your personal data from accidental loss, misuse, or unauthorised access and strive to limit access to your personal data to only ADH personnel third parties that require it for legitimate purposes.
14.2. We value your privacy and in turn have put in place procedures to deal with any personal data security breach. Nonetheless, if you have any concerns about the security of your personal data please contact us and we will address the same with utmost priority.
15. THE RETENTION AND STORAGE OF YOUR PERSONAL DATA (OR PERSONAL DATA YOU PROVIDE)
15.1. We will only retain your personal data for as long as necessary to accomplish the purposes for which it was collected.
15.2. We may retain your personal data for a longer period if the retention is:
(a) required or authorised by law
(b) reasonably necessary for a lawful purpose
(c) authorised or consented by you
(d) for personal data that has been anonymised, or
(e) for historical, statistical, journalistic or research purposes.
15.3. In some circumstances we may anonymise your personal data (or personal data you provide) so that it can no longer be associated with you, in which case we may use such information without further notice to you.
16. WE’D LOVE TO HEAR FROM YOU
16.1. If you have any questions about this Privacy policy or how we handle your personal data (or personal data you provide), please contact hello@africandigitalheritage.org.
16.2. We will respond to your questions and concerns in a timely manner and in compliance with the relevant laws.
17. CHANGES TO THIS PRIVACY POLICY
We reserve the right to update our privacy policy at any time and we shall notify you of the changes once they have been undertaken.