Privacy Policy
Welcome to Upesi Jobs' privacy policy.
Upesi Jobs respects your privacy and is committed to protecting your
personal data. This privacy policy will inform you as to how we look
after your personal data when you visit our website (regardless of where
you visit it from) and tell you about your privacy rights and how the law
protects you.
1. Important information and who we are
Purpose of this privacy policy
This privacy policy aims to give you information on how we collect and
process your personal data through your use of our platform (website,
mobile phone applications, or third-party solutions), including any data
you may provide us through the platform when you sign up for our
services. Please note that where third-party solutions are offered, such
third parties may have their own policies that you must consider prior to
using their respective services that we rely on to offer our services.
This website is not intended for children, and we do not knowingly
collect data relating to children.
It is important that you read this privacy policy together with any other
privacy policy or fair processing policy we may provide on specific
occasions when we are collecting or processing personal data about you,
so that you are fully aware of how and why we are using your data. This
privacy policy supplements other notices and privacy policies and is not
intended to override them.
Controller
Upesi Jobs is the controller and responsible for your personal data
(collectively referred to as Upesi Jobs, "we", "us", or "our" in this
privacy policy).
You have the right to make a complaint at any time to the Office of the
Data Protection Commissioner (ODPC), the Kenyan regulator for data
protection issues (www.odpc.go.ke). We would, however, appreciate the
chance to deal with your concerns before you approach the ODPC, so please
contact us in the first instance.
Changes to the privacy policy and your duty to inform us of changes
We keep our privacy policy under regular review.
It is important that the personal data we hold about you is accurate and
current. Please keep us informed if your personal data changes during
your relationship with us.
Third-party links
This website may include links to third-party websites, plug-ins, and
applications. Clicking on those links or enabling those connections may
allow third parties to collect or share data about you. We do not control
these third-party websites and are not responsible for their privacy
statements. When you leave our platform, we encourage you to read the
privacy policy of every third-party website you visit. It is essential to
note that some of the third parties are not located in Kenya.
2. The data we collect about you
Personal data, or personal information, means any information about an
individual from which that person can be identified. It does not include
data where the identity has been removed (anonymous data).
We may collect, use, store, and transfer different kinds of personal data
about you, which we have grouped together as follows:
Identity Data includes first name, maiden name, last name, username or
similar identifier, title, date of birth, and gender.
Contact Data includes billing address, delivery address, email address,
and telephone numbers.
Financial Data includes bank account and payment details.
Transaction Data includes details about payments to and from you and
other details of products and services you have purchased from us.
Technical Data includes internet protocol (IP) address, your login data,
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.
Profile Data includes your username and password, purchases or orders
made by you, your interests, preferences, feedback, and survey responses.
Usage Data includes information about how you use our website, products,
and services.
Marketing and Communications Data includes your preferences in receiving
marketing from us and our third parties and your communication
preferences.
We also collect, use, and share Aggregated Data such as statistical or
demographic data for any purpose. Aggregated Data could be derived from
your personal data but is not considered personal data in law, as this
data will not directly or indirectly reveal your identity. For example,
we may aggregate your Usage Data to calculate the percentage of users
accessing a specific website feature. However, if we combine or connect
Aggregated Data with your personal data so that it can directly or
indirectly identify you, we treat the combined data as personal data,
which will be used in accordance with this privacy policy.
We do not collect any Special Categories of Personal 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). Nor do we collect any information about criminal convictions and
offences, except where we encounter such information when vetting you for
the purpose of offering products for sale through our platform, or when a
person shares such information with us for the purposes of enquiries or
conducting an investigation.
Inasmuch as we do not intentionally collect information about your
health, any listing, search, or purchase of any medicinal product via our
platform will result in such information being linked to you or your
profile, except where such information is anonymized or presented as
aggregated data.
If you fail to provide personal data
Where we need to collect personal data by law, or under the terms of a
contract we have with you, and you fail to provide that data when
requested, we may not be able to perform the contract we have or are
trying to enter into with you.
3. How is your personal data collected?
We use different methods to collect data from and about you, including
through:
Direct interactions. You may give us your Identity, Contact, and
Financial Data (like payment details but not passwords or pins) by
filling in forms or by corresponding with us by post, phone, email, or
otherwise. This includes personal data you provide when you:
apply for our products or services
create an account on our platform
purchase any product on our platform
initiate a purchase but fail to complete a transaction on our platform
subscribe to our service or publications
request marketing to be sent to you
enter a competition, promotion, or survey
give us feedback or contact us
Automated technologies or interactions. As you interact with our
platform, we will automatically collect Technical Data about your
equipment, browsing actions, and patterns. We collect this personal data
by using cookies and other similar technologies.
Third parties or publicly available sources. We will receive personal
data about you from various third parties and public sources as set out
below:
Technical Data from the following parties:
a) analytics providers
b) advertising networks
c) search information providers
Contact, Financial, and Transaction Data from providers of technical,
payment, and delivery services
Identity and Contact Data from data brokers or aggregators
Identity and Contact Data from publicly available sources
Financial reports from credit bureaus
4. How we use your personal data
We will only use your personal data when the law allows us to. Most
commonly, we will use your personal data in the following circumstances:
Where we need to perform the contract we are about to enter into or have
entered into with you.
Where it is necessary for our legitimate interests (or those of a third
party) and your interests and fundamental rights do not override those
interests.
Where we need to comply with a legal obligation.
Generally, by continuing to use our services, you have consented to the
marketing solutions that we have as a company. You have the right to
withdraw consent to marketing at any time by unsubscribing from the
marketing solutions.
Purposes for which we will use your personal data
Note that we may process your personal data for more than one lawful
ground depending on the specific purpose for which we are using your
data. Please contact us if you need details about the specific legal
ground we are relying on to process your personal data where more than
one ground has been set out in the table below.
Marketing
We strive to provide you with choices regarding certain personal data
uses, particularly around marketing and advertising.
Promotional offers from us
We may use your Identity, Contact, Technical, Usage, and Profile Data to
form a view on what we think you may want or need, or what may be of
interest to you. This is how we decide which products, services, and
offers may be relevant for you (we call this marketing).
You will receive marketing communications from us if you have requested
information from us or purchased goods or services from us and you have
not opted out of receiving that marketing.
Third-party marketing
We will get your express opt-in consent before we share your personal
data with any third party for marketing purposes.
Opting out
You can ask us or third parties to stop sending you marketing messages at
any time by logging into the website and checking or unchecking relevant
boxes to adjust your marketing preferences, by following the opt-out
links on any marketing message sent to you, or by contacting us at any
time.
Where you opt out of receiving these marketing messages, this will not
apply to personal data provided to us as a result of a product/service
purchase, warranty registration secured through the sellers on our
platform, product/service experience, or other transactions.
Cookies
You can set your browser to refuse all or some browser cookies, or to
alert you when websites set or access cookies. If you disable or refuse
cookies, please note that some parts of this website may become
inaccessible or not function properly. For more information about the
cookies we use, please see [https://helpcenter.UpesiJobs.com/help-
center/detail/2698?cid=faqke&aid=83].
Change of purpose
We will only use your personal data for the purposes for which we
collected it, unless we reasonably consider that we need to use it for
another reason and that reason is compatible with the original purpose.
If you wish to get an explanation as to how the processing for the new
purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will
notify you and we will explain the legal basis that allows us to do so.
Please note that we may process your personal data without your knowledge
or consent, in compliance with the above rules, where this is required or
permitted by law.
5. Disclosures of your personal data
We may share your personal data with the parties set out below for the
purposes set out in the intended contract or compliance with a legitimate
legal purpose:
Internal third parties
External third parties
Specific or special third parties (like government agencies investigating
a matter)
Third parties to whom we may choose to sell, transfer, or merge parts of
our business or our assets. Alternatively, we may seek to acquire other
businesses or merge with them. If a change happens to our business, then
the new owners may use your personal data in the same way as set out in
this privacy policy.
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 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 instructions.
6. International transfers
We share your personal data within the corporate structure of the
company. This will involve transferring your data outside Kenya.
We ensure your personal data is protected by requiring all our group
companies to follow the same rules when processing your personal data.
Whenever we transfer your personal data out of Kenya, we ensure a similar
degree of protection is afforded to it by implementing at least one of
the following safeguards:
We will only transfer your personal data to countries that have been
deemed to provide an adequate level of protection for personal data.
Where we use certain service providers, we may use specific contracts
approved for use in Kenya which give personal data the same protection it
has in Kenya.
Please contact us if you want further information on the specific
mechanism used by us when transferring your personal data out of Kenya.
7. Data security
We have put in place appropriate security measures to prevent your
personal data from being accidentally lost, used, or accessed in an
unauthorised way, altered, or disclosed. In addition, we limit access to
your personal data to those employees, agents, contractors, and other
third parties who have a business need to know. They will only process
your personal data on our instructions, and they are subject to a duty of
confidentiality.
We have put in place procedures to deal with any suspected personal data
breach and will notify you and any applicable regulator of a breach where
we are legally required to do so.
8. Data retention
How long will you use my personal data for?
We will only retain your personal data for as long as reasonably
necessary to fulfil the purposes we collected it for, including for the
purposes of satisfying any legal, regulatory, tax, accounting, or
reporting requirements. We may retain your personal data for a longer
period in the event of a complaint or if we reasonably believe there is a
prospect of litigation in respect to our relationship with you.
To determine the appropriate retention period for personal data, we
consider the amount, nature, and sensitivity of the personal data, the
potential risk of harm from unauthorised use or disclosure of your
personal data, the purposes for which we process your personal data and
whether we can achieve those purposes through other means, and the
applicable legal, regulatory, tax, accounting, or other requirements.
In some circumstances, you can ask us to delete your data; however, it is
not an absolute right as per the Data Protection Act.
In some circumstances, we will anonymise your personal data (so that it
can no longer be associated with you) for research or statistical
purposes, in which case we may use this information indefinitely without
further notice to you.
9. Your legal rights
Under certain circumstances, you have rights under data protection laws
that you can exercise as per the law.
No fee usually required
You will not have to pay a fee to access your personal data (or to
exercise any of your other rights). However, we may charge a reasonable
fee if your request is clearly unfounded, repetitive, or excessive.
Alternatively, we could refuse to comply with your request in these
circumstances.
What we may need from you
We may need to request specific information from you to help us confirm
your identity and ensure your right to access your personal data (or to
exercise any of your other rights). This is a security measure to ensure
that personal data is not disclosed to any person who has no right to
receive it. We may also contact you to ask you for further information in
relation to your request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within one month.
Occasionally it could take us longer than a month if your request is
particularly complex or you have made a number of requests. In this case,
we will notify you and keep you updated.
Withdrawing consent
You may withdraw your consent at any time where we are relying on consent
to process your personal data. However, this will not affect the
lawfulness of any processing carried out before you withdraw your
consent. If you withdraw your consent, we may not be able to provide
certain products or services to you. We will advise you if this is the
case at the time you withdraw your consent.
Request Account Deletion
Submit a request to permanently delete your account and associated data
from Upesi Jobs.
Important: Data deletion requests are executed after 30 days for
customers and 90 days for vendors for operational purposes. This action
cannot be undone. Your request will be sent to admin@upesijobs.site for
processing.