Website Data Protection Notice
This Website Data Protection Notice describes how Sika Kenya Limited, [P.O Box 38645-00623 Parklands] ("[Sika Kenya]" or "we" or "us" or "our") as controller processes the personal data and other information of the users ("you" or "your") in particular within the meaning of the Kenyan Data Protection Act 2019 (KDPA) when using the website [https://ken.sika.com/] ("Website").
a. Personal Data actively provided by you:
If you create a user account on our Website, you will be asked to provide the following personal data about you: Name, postal address, email address, selected password. Sika Kenya processes such personal data for the purpose of providing our services to you. Providing such personal data is voluntary. However, without providing such personal data, you will not be able to create a user account. The legal basis for the processing of such personal data is the contract on the use of the Website concluded with you.
If you register for the newsletter and consent to the receipt of newsletters and the processing of your email address for this purpose, you will be asked to provide your email address. We will use your email address for regularly sending you newsletters. Providing your email address is voluntary. However, without providing your email address you will not receive newsletters. The legal basis for the processing of your personal data for sending newsletters is consent We do not collect any Categories of Sensitive Data about you (this includes details 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). This data protection notice will be updated from time to time.
b. Other passively collected information:
In addition to the personal data that you actively provide, the Website may automatically collect, process and store certain information on a pseudonymous basis from you:
Device and usage information – that may include (i) information specific to the used device to access the Website (including, but not limited to, model, operating system, IP address, language, carrier and similar information) and (ii) information about the use of features, functions, or notifications on the device, to recognize you and to analyze trends;
Website analytics – such as how often a user uses the Website, aggregated usage, performance data. We use Website analytics to allow us to better understand the functionality and use of our Website. Thelegal basis for this purpose is our legitimate interests which are the following: to monitor and maintain the performance of the Website and to analyze trends, usage and activities in connection with our Website.
a. Transfer to service providers
Sika Kenya may engage external service providers, who act as a data processor of Sika Kenya to provide certain services to Sika Kenya such as website service providers, marketing service providers or IT support service providers. When providing such services, the external service providers may have access to and/or may process your personal data. Those external service providers will be subject to contractual obligations to implement appropriate technical and organizational security measures against unauthorized or unlawful Processing, and against accidental loss, destruction or damage of Personal Data and to process the personal data only in accordance with the KDPA and asinstructed by Sika Kenya.
b. Other recipients
Some of our colleagues administering the Website and providing IT services may be employees of our group companies. When administering the Website our colleagues may have access to and/or may process your personal data. The respective transfer of your personal data is based on our legitimate interests. Our legitimate interests are the transmission of personal data within the group of companies for internal administrative and support purposes. The access is limited to colleagues with a need to know.
Sika Kenya may also transfer your personal data to law enforcement agencies, governmental authorities, legal counsel and external consultants in compliance with applicable data protection law. The legal basis for such processing is compliance with a legal obligation to which Sika Kenya is subject to or are legitimate interests, such as exercise or defense of legal claims.
The updated list of data processors and third parties that we share data with is available upon request to Sika Kenya at the contact details below specified.
c. International transfers of Personal Data
The personal data that we collect or receive about you may be transferred to and processed by recipients which are located inside or outside Kenya. We will only transfer your Personal Data outside Kenya if one of the following conditions applies:
(a) Kenya has issued regulations confirming that the country to which we transfer the Personal Data ensures an adequate level of protection for the Data Subject's rights and freedoms;
(b) Sika Kenya has appropriate safeguards in place such as binding corporate rules (BCR), standard contractual clauses approved for use in Kenya, an approved code of conduct or a certification mechanism, a copy of which can be obtained from the Data Protection Officer.
(c) the Data Subject has provided Explicit Consent to the proposed transfer after being informed of any potential risks; or
(d) the transfer is necessary for one of the other reasons set out in the KDPA including the performance of a contract between us and the Data Subject, reasons of public interest, to establish, exercise or defend legal claims or to protect the vital interests of the Data Subject where the Data Subject is physically or legally incapable of giving Consent and, in some limited cases, for our legitimate interest.
If you have declared your consent for any personal data processing activities, you can withdraw this consent at any time with future effect. Such a withdrawal will not affect the lawfulness of the processing prior to the consent withdrawal.Pursuant to applicable data protection law you may have further rights:
(a) Right of access: You may have the right to obtain from us confirmation as to whether or not personal data concerning you is processed, and, where that is the case, to request access to the personal data. The access information includes – inter alia – the purposes of the processing, the categories of personal data concerned, and the recipients or categories of recipients to whom the personal data have been or will be disclosed. However, this is not an absolute right and the interests of other individuals may restrict your right of access.
(b) You may have the right to obtain a copy of the personal data undergoing processing. For further copies requested by you, we may charge a reasonable fee based on administrative costs.
(c) Right to rectification: You may have the right to obtain from us the rectification of inaccurate personal data concerning you. Depending on the purposes of the processing, you may have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
(d) Right to erasure: Under certain circumstances, you may have the right to obtain from us the erasure of personal data concerning you and we may be obliged to erase such personal data.
(e) Right to restriction of processing: Under certain circumstances, you may have the right to obtain from us restriction of processing your personal data. In this case, the respective data will be marked and may only be processed by us for certain purposes.
(f) Right to data portability: Under certain circumstances, you may have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format and you may have the right to transmit those data to another entity without hindrance from us.
(g) Right to object: Under certain circumstances, you may have the right to object, on grounds relating to your particular situation, or where personal data are processed for direct marketing purposes at any time to the processing of your personal data by us and we can be required to no longer process your personal data. Moreover, if your personal data is processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing. In this case your personal data will no longer be processed for such purposes by us.
You also have the right to lodge a complaint with the competent data protection supervisory authority.
To exercise your rights please contact us as stated in section (5.) below or use the specific web-form “Exercise Your Rights” available on Sika Kenya’s Website [DSAR Link].
Your personal data will be retained as long as necessary to provide you with the services requested. When Sika Kenya no longer needs to use your personal data to comply with contractual or statutory obligations, we will remove it from our systems and records and/or take steps to properly anonymize it so that you can no longer be identified from it, unless we need to keep your information, including personal data, to comply with legal or regulatory obligations to which Sika Kenya is subject, e.g. statutory retention periods.
If you have concerns or questions regarding this Website Data Processing Notice, please contact us as follows: [(P.O Box 38645-00623 Parklands, [email protected], +254711140234)]. The contact details of our data protection officer are as follows: (P.O Box 38645-00623 Parklands, [email protected]) +254711140234].