Recent concerns about the security of personal data stored in institutions have led to Governments enacting data protection regulations. In 2018 the European Union (EU) operationalized the General Data Protection Regulations (GDPR) that govern how companies handle personal data. Consequently, in 2019 Kenya enacted its own Data Protection Act (the “Act”) and in 2021 regularized the Data Protection Regulations. The regulations seek to protect the privacy of individuals by enforcing responsible processing of personal data.
Pstudioh is committed to complying with all relevant Kenyan legislation and applicable global legislations. Pstudioh recognizes that the protection of individuals through lawful, legitimate, and responsible processing and use of their personal data is a fundamental human right. Consequently, we have enacted this Data Protection and Privacy Policy (the “Policy”).
This policy applies to your use of Pstudioh (hereinafter referred to as the “Site”). This Policy sets out how we collect, store, guard, share and use any personal data that we may collect from you when you use or otherwise interact with the Platform or the services offered through our Sites.
This policy shall apply to all processing of all personal data regardless of the manner and form in which it is collected or stored.
For purposes of this policy;
“Account” means the account you create when registering as a user on the Site to enable you access some of the Services;
"Consent" means any manifestation of express, unequivocal, free, specific and informed indication of the data subject's wishes by a statement or by a clear affirmative action, signifying agreement to the processing of personal data relating to the data subject;
"Data" means information which is;
Processed by means of equipment operating automatically in response to instructions given for that purpose
Recorded with intention that it should be processed by means of such equipment;
Recorded as part of a relevant filing system;
Where it does not fall under the above categories, it forms part of an accessible record; or
Recorded information that is held by a public entity and does not fall within any of the above categories
“Data subject” means any identified or identifiable natural person whose data is the subject of personal data, which in this case means you;
“Personal data” means any information relating to an identified or identifiable natural person ('data subject'); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier 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 natural person;
"Processing" means any operation or sets of operations which is performed on personal data or on sets of personal data whether or not by automated means, like:
Collection, recording, organization, structuring;
Storage, adaptation or alteration;
Retrieval, consultation or use;
Disclosure by transmission, dissemination, or otherwise making available; or
Alignment or combination, restriction, erasure or destruction.
“Services” means such services made available, accessed, published or otherwise offered through the Site.
"Site" means Pstudioh’s website, application, or any other platform hosted by Pstudioh.
The following principles will guide Pstudioh in handling personal data. Personal data will be:
Processed lawfully, fairly and in a transparent manner in accordance with the right to privacy of the data subject;
Collected only for specified, explicit, specified and legitimate purposes and not further processed in a manner incompatible with those purposes. By using the Site, you consent to your personal data being used for the purposes listed hereunder and connected purposes;
To effectively and efficiently provide you with services and maintain quality of the service;
To contact you about the Services, events and promotions (where you have agreed to us doing so);
For the performance of a contract to which you are a party;
To comply with the legal obligations, governmental or regulatory requirements or for use by Pstudioh’s lawyers in connection with any legal proceedings;
To perform tasks carried out in the public interest or the exercise of official authority;
To protect the vital interests of the data subject or another person;
To Prevent and detect fraud or other crimes and for debt recovery;
To pursue Pstudioh’s legitimate interests where those interests are not outweighed by the interests and rights of data subjects;
For historical, statistical, journalistic, literature and art or scientific research.
Adequate, relevant, limited to what is necessary in relation to the purposes for which it is collected/ to be processed;
Collected only where a valid explanation is provided whenever information relating to family or private affairs is required;
Accurate and, where necessary, kept up to date, with every reasonable step being taken to ensure that any inaccurate personal data is erased or rectified without delay;
Not kept in a form that permits identification of the data subjects for longer than is necessary for the purposes for which it was collected;
Stored securely in accordance with the right to privacy of the data subject to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed;
Not transferred outside Kenya, unless there is proof of adequate data protection safeguards or consent from the data subject;
Retained for as long as reasonably necessary to fulfill the purposes for which it was collected, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. Your personal data may be retained for a longer period where there has been a complaint or there is a prospect of litigation with respect to your use of the Site; and
Safeguarded and not shared with any unauthorized third parties unless:
Disclosure is required by, under any written law, or by an order of the court.
It is a necessity in completing vital company processes, where the requester of the data has a binding confidentiality agreement with the company.
If it is necessary for national security or public interest.
You, as the data subject, have a right to:
Be informed of the use to which their personal data is to be put;
Access your personal data in custody of Pstudioh and its affiliates;
Object to the processing of all or part of their personal data;
Correction of false or misleading data- we will provide you with options to modify any of the personal information that you provided us when setting up your profile; and
Deletion of false or misleading data about yourself. Do Note, however, that we may not always be able to comply with your request for erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Notwithstanding the above, a right conferred on a data subject may be exercised by:
Personal duly authorized to act as their guardian or administrator where the data subject has a mental or other disability.
Personal duly authorized by the data subject.
Depending on the Services you are obtaining or accessing, we may collect, store, use and transfer different types of information including, but not limited to;
Identity information such as your first name, maiden name, last name, username or similar identifier, title, nationality, date of birth or gender.
Contact information such as your billing address, delivery address, email address and telephone numbers, the name of your business, and/or location.
Financial information such as bank account and payment card details.
Account information relating to the use of the Site including profile data such as your username, password, orders, interests, preferences, survey responses and/or feedback.
Automatic information and information about your device including technical data (internet protocol (IP) address, login data, time zone setting, browser type and version, location, browser plug-in types and versions, operating system and platform, and/or other technology on the devices you use to access the Site. Note that this automatic information and device information is used to screen for potential risks and fraud, to improve and optimize the Site, to ease access to the Site, and to carry out upgrades, data analysis, and improve the quality of services. You can set your browser to refuse all or some browser cookies, but this will make parts of the Site inaccessible or inhibit functionality.
Marketing and communications data such as your preferences in receiving marketing from us and our third parties and your communication preferences.
Statistical or Demographic information for any purpose. This data is anonymous and it is not personal information as this data will not directly or indirectly reveal your identity. However, if we combine or connect statistical/demographic information with your personal data, we treat the resulting information as personal data and it will be used in accordance with this privacy policy.
By using the Site you consent to this data listed in Paragraph (6.) being collected, stored and used as need be.
By using the Site you agree to the following terms and conditions;
You are obligated to notify Pstudioh immediately if your personal data or any other information changes in the course of your use of the Site.
You guarantee and declare that you are the owner of the information you submit on the Site or share with us, or that you have the necessary rights to do so. You also guarantee and declare that it is exact, true and verified, and the use of the information is not contrary to this Policy or applicable laws and will not damage a third party’s reputation. You accept full and complete liability for any information that is contrary to this Policy or any applicable laws.
You explicitly consent to data processing as highlighted in this Policy.
As a registered user of the Site, you are entirely responsible for maintaining the confidentiality of your login credentials. Furthermore, you are entirely responsible for any and all activities that occur under your account. You must immediately notify us of any unauthorized use of your login name or any other breach of security known to you.
Although Pstudioh has taken measures and due care to ensure security of data, we cannot guarantee its absolute security since there is no method of transmission over the internet or method of electronic storage that is fully secure. You, therefore, agree to bear all liability to the greatest extent possible under the law should a breach of security occur.
8.1 Depending on the Services you are accessing, we may share certain personal information with third parties to help you access certain services. For example, Project Owners have access to project executor’s personal data. We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers and/or project owners to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our Policies.
8.2 Your personal information may also be transferred outside Kenya either for ease of delivery of Services, storage or other necessary form of processing as described in this Policy. When such transfer is necessary and for your benefit, we ensure an appropriate and similar degree of protection is afforded to it by requiring implementation of relevant safeguards by the recipient of the personal data as required by the law in Kenya.
We regularly review and update this Policy in order to reflect changes to our practices, for operational, legal or regulatory reasons, and for any other purpose. Any revisions to this Policy will be uploaded to the Site and such upload will be deemed to be sufficient communication to you. Where you are a registered user, we may elect, at our own discretion, to notify you of any revision through a notice on your account.
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