Definitions
Personal data, Sensitive personal data, identifiable natural person – as given meaning in the Kenya Data Protection Act, 2022.
Processing – as given meaning in the Kenya Data Protection Act, 2022.
“You”, “Your”– this may mean, as the situation may apply:
- Job Applicant – a person that applies for a job at ETHICAL TRADE SERVICES AFRICA LIMITED through our online portal or shares their Curriculum Vitae with us through email.
- Employee – a person that is employed at ETHICAL TRADE SERVICES AFRICA LIMITED having executed the ETHICAL TRADE SERVICES AFRICA LIMITED employment
- Intern – a person that has been offered an internship opportunity at ETHICAL TRADE SERVICES AFRICA LIMITED.
- Contract Staff – a person that has been placed at ETHICAL TRADE SERVICES AFRICA LIMITED through their employer to offer services to ETHICAL TRADE SERVICES AFRICA LIMITED.
“Organization”, “Us”, “We”, “Our” – ETHICAL TRADE SERVICES AFRICA LIMITED, and all its subsidiaries as listed on the official website.
Introduction
ETHICAL TRADE SERVICES AFRICA LIMITED operates in a complex, data-oriented environment that requires the use of personal data to fulfil its core mandate of serving various stakeholders. This policy is our statement of commitment to handle your data with the privacy it requires and by the provisions of various laws and regulations.
The policy also spells out your rights and also indicates the controls the organization has established to safeguard your data.
Scope
This Data Privacy statement applies to all employees – whether on permanent or contract terms, interns, and contracted staff who’ve been seconded to ETHICAL TRADE SERVICES AFRICA LIMITED from their employers.
Individual Statements
- Acknowledgement and
- When is personal data collected from you?
- What personal data is collected from you?
- Why do we need to collect and use your data?
- Do we retain any of your data?
- With whom will we share/disclose your data?
- Transfer of your information
- Direct marketing
- Access to or update your
- Safeguarding and protecting your
- Handling your sensitive personal data
- Your rights
1. Acknowledgement and Consent
By choosing to interact with us in any of the ways outlined in section 2, you will be doing so with the full knowledge and consent that we will collect and process your data.
By consenting, you allow us to collect, process, store, disclose, and transfer your data as guided in the provisions of the data protection laws.
By withholding or withdrawing your consent ETHICAL TRADE SERVICES AFRICA LIMITED shall terminate any agreement with you and reject any further application.
Please note that withholding or withdrawing your consent shall not apply to any processing done on your data before you exercise this right.
2. When is personal data collected from you?
We will collect your personal information when: (This list is not exhaustive):
- You apply for a job at ETHICAL TRADE SERVICES AFRICA LIMITED through our online portal or via
- You are being onboarded onto ETHICAL TRADE SERVICES AFRICA LIMITED as an
- In the course of your employment, you provide us with additional personal details for various purposes e.g., updating our records.
- Visit our office where you may be required to fill in your details at the entrance or are captured by our CCTV cameras strategically placed at our premises for security purposes.
3. What personal data is collected from you?
Whenever you interact with us, we will collect the following information from you. (Please note that this list is not exhaustive):
- Data that is necessary to process your job application including:
- Your details including full names, identification document type and number (i.e., National ID, Passport, Alien ID), phone number or contact details, email address, location, postal address, date of birth, age, gender, driving license number, citizenship, marital status.
- Information collected from third parties e.g., former employers, referees, credit reference bureaus, government entities (e.g., DCI – Certificate of good conduct, Mtihani house to verify academic documents) and also from various academic institutions to validate the professional certifications) for purposes of background checks and vetting.
- Data necessary to onboard you as an employee including:
- Personal data as (a) above including passport photographs, NSSF number, NHIF number, KRA PIN and ID Number.
- Bank account
- Next Ethical Trade Services Africa Limited kin details, emergency contact(s) and dependents (including children) details including their: full names, relationship, and contact details for emergency purposes.
- Your medical or health information details to onboard you onto relevant medical
4. Why do we need to collect and use your data?
The Data Protection Law provides the lawful basis for which we may collect and process your information including consent provided by you to collect and process the information, to aid in the performance of a product or service contract we have with you, to comply with a legal or regulatory obligation or requirement, for public and data subject interests and various legitimate business interests of ETHICAL TRADE SERVICES AFRICA LIMITED.
We will use and process this information for various purposes including (please note that this list is not exhaustive):
- To facilitate the hiring
- To facilitate enrollment into various schemes g., insurance, pension, medical etc.
- To enable the organization to conduct background checks with previous employers, relevant government bodies or academic institutions or referees.
- To facilitate other human resource and business administration activities including performance appraisals, leave management, workforce management etc.
- To facilitate any legal procedures or
5. Do we retain any of your data?
ETHICAL TRADE SERVICES AFRICA LIMITED shall not retain your data any longer than is necessary and as shall be determined by the purpose for which the data was collected and whether that purpose has been fulfilled unless as circumstances may dictate including applicable legal and regulatory requirements, consent by you, for legitimate lawful purposes or historical and reporting purposes.
6. With whom will we share/disclose your data?
We will not share or disclose any of your information except under applicable laws and regulations.
However, ETHICAL TRADE SERVICES AFRICA LIMITED may share or disclose your information to:
- Subsidiaries of ETHICAL TRADE SERVICES AFRICA LIMITED who may require your data to deliver services to
- Third-party organizations that provide background checks services for ETHICAL TRADE SERVICES AFRICA LIMITED.
- Third-party insurance companies for purposes of enrolling you into various insurance
- Legal, regulatory or any other statutory authority for purposes of complying with or responding to a demand by the said authorities. E.g., NSSF, NHIF, HELB, CBK, External Auditors etc.
- Various government databases to comply with applicable regulatory requirements
e.g., Mtihani house, DCI
7. Commercial use of your data
ETHICAL TRADE SERVICES AFRICA LIMITED will seek your consent to opt-in to receive commercial updates via our various communication channels. We will also seek your consent before sharing your data with third parties for purposes of commercial use of your data.
8. Access to or update your data
The organization will offer you a platform where you can view your details as captured however any updates to the information will require a formal request to be sent to the human resources department following the various stipulated internal processes.
9. Safeguarding and protecting your data.
ETHICAL TRADE SERVICES AFRICA LIMITED has put in place various operational and technical controls to safeguard your data from unauthorized access or modification. We are also continually enhancing our controls in line with the ever-evolving threat environment.
10. Handling your sensitive personal data
ETHICAL TRADE SERVICES AFRICA LIMITED shall not collect or process your sensitive personal data except as necessary to carry out the activities prescribed in section 4 above.
11. Transfer Of your data outside Kenya
ETHICAL TRADE SERVICES AFRICA LIMITED may from time to time transfer your data outside Kenya as circumstances may allow for the fulfilment of its obligations. This shall however be done with the requisite and appropriate approvals and safeguards on the data.
12. Your rights.
Your rights as spelt out in the data protection laws include the below. Please note that these are subject to legal or regulatory exceptions and we reserve a right to override the exercise of your rights where there is a legitimate reason, legal or regulatory requirement to do so as may be applicable.
- Right to be informed of the use to which your data is to be
- Right to access your
- Right to object to the processing of all or part of your
- Right to correction of false or misleading data about
- Right to deletion of false or misleading data about
- Right to erase your data that we are no longer authorized to retain, irrelevant, excessive or obtained unlawfully.
- Right to be informed that we are collecting personal data about
- Right to withdraw your consent to the processing of your
- Right to request restricted processing of your
- Right to request transfer of your
- Right to not be subject to a decision based on automated processing; subject to such automated processing producing legal effects that affect you.
- Right to decline the use of your data for commercial
- Right to be informed about a breach of your data unless your identity cannot be established in that breach.
- Right to complain with the Office of The Data Commissioner if you feel aggrieved by a decision made by ETHICAL TRADE SERVICES AFRICA LIMITED using the prescribed mechanisms in the protection laws.
