This is the privacy notice of SwithLink Africa. In this document, “we”, “our”, or “us” refer to SwithLink Africa.
We are a company registered in Kenya.
This privacy notice aims to inform you about how we collect and process any personal data that we collect from you, or that you provide to us. It covers information that could identify you (“personal data”) and information that could not. In the context of the law and this notice, “process” means collect, store, transfer, use or otherwise act on information. It tells you about your privacy rights and how the law protects you.
We are committed to protecting your privacy and the confidentiality of your personal data.
We undertake to preserve the confidentiality of all information you provide to us and hope that you reciprocate.
Our policy complies with the Kenya Data Protection Act as well as the EU General Data Protection Regulation (GDPR).
The law requires us to tell you about your rights and our obligations to you in regard to the processing and control of your personal data.
Except as set out below, we do not share, or sell, or disclose to a third party, any information collected through our website.
Data Protection Officer
We have appointed a data protection officer (DPO) who is responsible for ensuring that our policy is followed.
If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact our DPO at firstname.lastname@example.org
The personal data we collect
We may collect, use, store and transfer different kinds of personal data about you. We have collated these into groups as follows:
- Your identity includes information such as first name, last name, title, date of birth, age, images, and other identifiers that you may have provided at some time.
- Your contact information includes information such as email address, telephone numbers and any other information you have given to us for the purpose of communication or meeting.
- Recruitment data includes information such as your curriculum vitae, educational background, professional qualifications, reference contact details and every other information you have given us for the purpose of hiring prospective applicants.
- Sensitive data includes is data about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data. It also includes information about criminal convictions and offences. We collect information relating to criminal convictions when onboarding with us.
- Transaction data includes information such as your name, your contact details, your payment card details or other payment details and the transaction details. The source of the transaction data comes from you and/or our payment services provider.
- Technical data includes your internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
- Marketing data includes your preferences in receiving marketing from us; communication preferences; responses and actions in relation to your use of our services.
- We may aggregate anonymous data such as statistical or demographic data for any purpose. Anonymous data is data that does not identify you as an individual. Aggregated data may be derived from your personal data but is not considered personal information in law because it does not reveal your identity.
However, if we combine or connect aggregated data with your personal information so that it can identify you in any way, we treat the combined data as personal information and it will be used in accordance with this privacy notice.
The basis on which we process information about you
The law requires us to determine under which of six defined bases we process different categories of your personal information, and to notify you of the basis for each category.
If a basis on which we process your personal information is no longer relevant, then we shall immediately stop processing your data.
Information we process because we have a contractual obligation with you. When you agree to our terms and conditions, a contract is formed between you and us. In order to carry out our obligations under that contract we must process the information you give us. Some of this information may be personal information.
We may use it in order to:
- provide you with our services
- provide you with suggestions and advice on services.
We process this information on the basis that there is a contract between us, or that you have requested we use the information before we enter into a legal contract.
We shall continue to process this information until the contract between us ends or is terminated by either party under the terms of the contract.
Information we process with your consent. Through certain actions when otherwise there is no contractual relationship between us, such as when you browse our website or ask us to provide you more information about our business, including job opportunities and our services, you provide your consent to us to process your personal information (Name, Email address & Telephone Number).
Wherever possible, we aim to obtain your explicit consent to process this information.
We continue to process your information on this basis until you withdraw your consent or it can be reasonably assumed that your consent no longer exists.
You may withdraw your consent at any time by instructing us at email@example.com
Information we process because we have a legal obligation. Sometimes, we must process your information in order to comply with a statutory obligation.
For example, we may be required to give information to legal authorities if they so request or if they have the proper authorization such as a search warrant or court order.
This may include your personal information.
Information we process to protect your vital interest or that of another data subject. Sometimes, we must process your information in order to protect an interest which is essential for your life or that of another natural person. For example, in emergency medical care, when we need to process your personal data for medical purposes but you are incapable of giving consent to the processing.
Information we process in the public interest or exercise of official public mandate vested in us. Sometimes we must process your information for the performance of a task carried out in the public interest or in the exercise of official authority vested in the us, such as when we are carrying out a specific task in the public interest which is laid down by law.
Specific uses of information you provide to us
Job application and employment
If you send us information in connection with a job application, we may keep it for up to a year in case we decide to contact you at a later date.
If we employ you, we collect information about you and your work from time to time throughout the period of your employment. This information will be used only for purposes directly relevant to your employment. After your employment has ended, we will keep your file for five years before destroying or deleting it.
Communicating with us
When you contact us, whether by telephone, through our website or by e-mail, we collect the data you have given to us in order to reply with the information you need.
We record your request and our reply in order to increase the efficiency of SwitchLink Africa’s Operations.
We keep personally identifiable information associated with your message, such as your name and email address so as to be able to track our communications with you to provide a high-quality service.
When we receive a complaint, we record all the information you have given to us. We use that information to resolve your complaint.
If your complaint reasonably requires us to contact some other person, we may decide to give to that other person some of the information contained in your complaint. We do this as infrequently as possible, but it is a matter for our sole discretion as to whether we do give information, and if we do, what that information is.
We may also compile statistics showing information obtained from this source to assess the level of service we provide, but not in a way that could identify you or any other person.
Affiliate and business partner information
This is information given to us by you in your capacity as an affiliate of us or as a business partner OR Collected by us on your behalf towards providing a service for you.
The information is not used for any other purpose other than the purpose for which you have requested us to collect it, as expressly stated in the contractual agreement.
We undertake to preserve the confidentiality of the information and of the terms of our relationship.
We expect any affiliate or partner to agree to reciprocate this policy.
Use of information we collect through automated systems when you visit our website
Cookies are small text files that are placed on your computer’s hard drive by your web browser when you visit any website. They allow information gathered on one web page to be stored until it is needed for use on another, allowing a website to provide you with a personalised experience and the website owner with statistics about how you use the website so that it can be improved.
Some cookies may last for a defined period, such as one day or until you close your browser. Others last indefinitely.
Your web browser should allow you to delete any you choose. It also should allow you to prevent or limit their use.
- to track how you use our website
- to record whether you have seen specific messages we display on our website
- to keep you signed in our site
- to record your answers to surveys and questionnaires on our site while you complete them
Disclosure and sharing of your information
Data may be processed outside Kenya
Our websites are hosted in United state of America
We may also use outsourced services in countries outside Kenya or the European Union from time to time in other aspects of our business.
Accordingly, data obtained within the Kenya or any other country could be processed outside the Kenya.
Your duty to inform us of changes
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes.
Access to your personal information
At any time you may review or update personally identifiable information that we hold about you, by sending an email to firstname.lastname@example.org To request for update of your personal data that we have on record.
To obtain a copy of any information that is not provided on our website you should contact us to make that request. (email@example.com)
After receiving the request, we will tell you when we expect to provide you with the information, and whether we require any fee for providing it to you.
Removal of your information
If you wish us to remove personally identifiable information from our website, you should contact us to make your request. firstname.lastname@example.org
This may limit the service we can provide to you.
Verification of your information
When we receive any request to access, edit or delete personal identifiable information we shall first take reasonable steps to verify your identity before granting you access or otherwise taking any action. This is important to safeguard your information.
Your Rights as a Data Subject
Right to be informed. You have a right to be informed of what data of yours is being collected, how it’s being used, how long it will be kept and whether it will be shared with any third parties.
Right of access. You have a right to request a copy of the information of yours that we hold.
Right of rectification. You have the right to correct data that is inaccurate or incomplete.
Right to be forgotten. Under certain circumstances, you have a right to ask us to erase any personal data of yours that we have stored.
Right of portability. You have a right to request that we transfer any data that we hold on you to another company.
Right to restrict processing. You have a right to request that we limit the way we use your personal data.
Right to object. You have the right to challenge certain types of processing, such as direct marketing.
Rights related to automated decision making including profiling. You have a right to ask us to provide a copy of our automated processing activities if you believe your data is being processed unlawfully.
You are free to exercise your rights through established channels of communication with us.
Encryption of data sent between us
We use Secure Sockets Layer (SSL) certificates to verify our identity to your browser and to encrypt any data you give us.
Whenever information is transferred between us, you can check that it is done so using SSL by looking for a closed padlock symbol or other trust mark in your browser’s URL bar or toolbar.
How you can complain/Report a Data Breach
Where a violation of this policy/or a personal data breach has occurred, we will make a formal report to ODPC within 72hours of being aware of the violation/breach as well as formally notify all parties as detailed in our Data Breach notification procedure.
If a dispute is not settled, then we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.
Retention period for personal data
Except as otherwise mentioned in this privacy notice, we keep your personal information only for as long as required by us:
- to provide you with the services you have requested;
- to comply with other law, including for the period demanded by our tax authorities;
- to support a claim or defence in court.
Compliance with the law
We may update this privacy notice from time to time as necessary. The terms that apply to you are those posted here on our website on the day you use our website. We advise you to print a copy for your records.