Privacy Policy

FoundersKE Terms of Service

The contents of this privacy policy hae multiple sections, which include:
What this Privacy Policy covers
Our data and commitments
What Personal Data we collect
  • Information that you voluntarily provide us

  • Information that we receive automatically from you or from third parties

  • Cookies and similar technologies

How we use your Personal Data
What are the legal basis of our processing
Voluntary nature of the processing
Automated processing
How long we keep your Personal Data
How we protect your Personal Data
Who are the recipients of your Personal Data
  • Our affiliates, partners and employees

  • Third-party service providers or consultants

  • Other third parties

Where your Personal Data may be transferred
What are your rights
  • Right of access

  • Right to withdraw consent

  • Right to rectification, erasure and restriction

  • Right to data portability

  • Right not to be subject to an automated decision

  • Right to lodge a complaint

Amendments to this policy

WHAT THIS PRIVACY POLICY COVERS

This privacy policy provides an overview of our privacy practices and tells you:
  • What Personal Data we collect when you use our services, either via website (FoundersKE.com) or via any related software or mobile application;

  • How we may use and protect your Personal Data.

Please, note that “Personal Data” means any information relating to an identified or identifiable natural person; an “identifiable natural person” is one who can be identified, either directly or indirectly, in particular by means of a name, an identification number, a location data, etc.

OUR DATA AND COMMITMENTS

We are FoundersKE and we are the “DataController” of your Personal Data.

“Data Controller” means that we are the organisation that directs the reason why your Personal Data is processed in the first place and that first receives your Personal Data and is responsible for it.

As Data Controller, we are strongly committed to fully comply with the data protection regulations and,therefore:

  • We have configured our services so that the processing of your Personal Data is kept to the minimum necessary;

  • We have adopted safeguards and technical measures in order to protect your privacy rights;

  • We ensure that, by default, only Personal Data which is necessary for each specific purpose will be processed.

WHAT PERSONAL DATA WE COLLECT

When you access or use our FoundersKE platform (either via our website FoundersKE.com or via any related software or mobile application), we may collect the following Personal Data:

Information that you voluntarily provide us.

You may, through various means (e.g., e-mail, website contact form, sign-on through our services, etc.), voluntarily provide us your Personal Data. In particular, the said Personal Data may include:

  • Contact Data that you provide us in case you send us a contact request (such as, name, e-mail, etc.);

  • Content Data that you submit, transmit, create or convey through our services, such as information, text, message, and any other information, data or material through the submission forms on the platform.

Please, note that we will process the above Personal Data on the assumption that they refer to you or to third parties who have expressly authorized you to provide them to us.

We may also collect the following Personal Data:

When you access or use our FoundersKE platform (either via our website FoundersKE.com or via any related software or mobile application), we may collect the following Personal Data:

  • Technical Data that we automatically collect when you use our services, such as: (i) information on how you use our services (e.g., your visits and use of the FoundersKE platform, your interaction with content thereof, etc.) (ii) information about Your IP address, proxy server, operating system, web browser and add-ons, device identifier and features, number of sessions, language and location.

  • Cookies and similar technologies: We may collect Personal Data using cookies and similar technologies to allow us to recognize you and to provide you with a better user experience.

HOW WE USE YOUR PERSONAL DATA

Your Personal Data Above will be processed by us for at least one of the following purposes:

  • to carry out our obligations arising from a contract entered into between you and us

  • to provide you with the services that you requested from us (e.g., create and manage your account, provide access to our FoundersKE platform, provide custom, personalized content and information, etc.)

  • to communicate with you for informational and operational purposes (e.g., mentor allocation, program planning, account verification, account management, customer service, system maintenance, etc.), including by periodically emailing you services-related announcements

  • to give you access to our support and customer care services and to enable you to communicate with our team

  • to carry on statistical research/ analysis, as well as to report, measure and evaluate our services’ operation, usability, effectiveness, features and performance (e.g., monitor metrics such as total number of visitors, traffic, usage, diagnose or fix technology problems, etc.)

  • for marketing purposes

  • to ensure compliance with any applicable law (including the GDPR), our terms and conditions, and our Privacy Policy

WHAT ARE THE LEGAL BASIS OF OUR PROCESSING

Our processing of your Personal Data has the following legal basis:

  • the processing is necessary for the performance of a contract (such as, when you provide access to our services)

  • the processing is carried out with your consent (such as, when you subscribe our newsletter)

  • the processing is based on a legitimate interest pursued by us (such as, when we use the Personal Data To evaluate and report our services’ operation)

  • the processing is necessary for the establishment, exercise or defence of legal claims (such as, when we are asked by an authority to disclose your Personal Data).

VOLUNTARY NATURE OF THE PROCESSING

The provision of your Personal Data for the above-mentioned purposes is voluntary and not mandatory. However, any refusal to provide any of such data may not allow us to provide our services or to fulfill your requests.

AUTOMATED PROCESSING

Although we use computers to process your Personal Data, big decisions that may impact you are not taken by our computers. When we might do this, we will previously explain why it happens and the effects.

HOW LONG WE KEEP YOUR PERSONAL DATA

Personal Data collected by us will be processed for the time strictly necessary to achieve the related purposes.

In particular:

  • your Personal Data needed for the provision of our services will be processed as long as it is necessary for providing you with the requested services or until you stop using our services; accordingly, we will delete your Personal Data from our systems:

    • after 48 (forty eight) hours after your collaboration or account closure request;

    • in case you do not access the FoundersKE platform for a period of 12 (twelve) months from the last collaboration and login thereto.

    • your Personal Data needed for the provision of our newsletter service will be processed until you decide to unsubscribe.

    • your Personal Data that we have to keep under the applicable laws (e.g., tax laws, bookkeeping, etc.) will be retained for a period necessary or permitted to comply with such laws.

HOW WE PROTECT YOUR PERSONAL DATA

We warrant to maintain(and continue to maintain) adequate measures to protect your Personal Data against accidental or unlawful destruction or accidental loss, damage or un-authorised disclosure or access.

Please be aware that no security measures are perfector impenetrable, so we cannot guarantee that un-authorised access, hacking, data loss or a data breach will never occur.

In any case, we operate with the aim of mitigating such risks through several measures, including:

  • adoption of a data minimization approach, as we process only Personal Data that is essential to carry out our services;

  • use of encryption methods (e.g., Secure Sockets Layer - SSL);

  • use of company-wide restriction methods for restricting access into the foundation of our processes, systems and structure, so that only those with authorization and/or a relevant purpose may access Personal Data and always with their private keys;

  • appoint third-party service providers who put in place an adequate level of protection of Personal Data When they carry on their processing activities on our behalf.

WHO ARE THE RECIPIENTS OF YOUR PERSONAL DATA

We share your Personal Data to the extent necessary to provide you with our services. Any transfer of Personal Data occurs only inconsistency with the purposes and legal basis mentioned in this Privacy Policy.

Our affiliates, partners and employees.

We may share your Personal Data with any entity controlled by, or under common control with, FoundersKE (including their employees and partners), to whom it is reasonably necessary or desirable for us to process your Personal Data for the purposes described in this Privacy Policy.

Third-party service providers or consultants.

We engage trusted third parties to perform functions and provide services to us (such as, hosting and maintenance, e-mail, web analytics, database storage and management, operations, customer relationship, advertising operations. etc.), requiring them to ensure an adequate level of protection of your Personal Data [link to section WHERE YOUR PERSONAL DATA MAYBE TRANSFERRED].

Here is a list of service providers involved: [Third Party Providers].

Other third parties.

We may also disclose your Personal Data to third party in two cases:

if we believe that disclosure is reasonably necessary to comply with any applicable law or administrative order;

if we need to to protect ourselves, Our customers, or the public from harm or illegal activities.

WHERE YOUR PERSONAL DATA MAY BE TRANSFERRED

We are based in Nairobi and Your Personal Data may be further transferred to, and stored at, any of our affiliates, partners or service providers mentioned above.

We will ensure that the jurisdiction in which the recipient third party is located ensures an adequate level of protection of your Personal Data; if it is not the case(i.e., if a recipient is located in a jurisdiction other than a jurisdiction in the approved countries providing “adequate” data protection), our service providers shall be signatories of a data transfer agreement which shall include the standard clauses for data transfers between countries adopted by the company and any other substantially similar provision.

YOUR RIGHTS REGARDING YOUR PERSONAL DATA

General Data Protection Regulation (GDPR) grants you several rights, whose exercise can be requested by sending us an e-mail to our Contact Details or by post. Any access request is always replied within one (1) month.

Here you are your rights:

  • Right of access. You Are entitled to receive confirmation as to whether your Personal Data is being processed or not and, where that is the case, access and receive a full copy of such Personal Data in an intelligible form, as well as any related information (such as, the purposes of the processing, the recipients of the Personal Data, the source of Personal Data, etc.).

  • Right to withdraw consent. You are entitled to withdraw, at any time, your consent to the processing of your Personal Data.

  • Right to rectification, erasure and restriction. You are entitled to obtain from us the rectification of your Personal Data that is inaccurate or incomplete, as well as the erasure thereof and the restriction of processing in case the latter is not lawful.

  • Right to data portability. You have the right to receive your Personal Data in a structured, commonly used and machine-readable format, as well as the right to transmit those data to another controller, where technically possible.

  • Right not to be subject to an automated decision. We may use automated decision-making only if it is authorized by the applicable law and if you have provided us with an explicit consent or if it is necessary for the performance of a contract. In any case, you can always request us a manual decision-making process instead.

  • Right to lodge a complaint. You have the right to lodge a complaint before the Supervisory Authority, if you believe that the processing of your Personal Data is against the GDPR. Such relevant Supervisory Authority is the Office of Data Protection Commission (ODPC) Kenya, email info@odpc.go.ke

AMENDMENTS TO THIS POLICY

This Privacy Policy came into force on the “Effective Date” specified.

We may amend or to update its content following changes in the legal and regulatory obligations regarding data protection. In this case, we will inform you about such amendments and updates through their publication on our website as soon as they are adopted, and they will be binding from the moment of their publication.

Therefore, we invite you to visit this page of our website regularly, in order to be aware of the most recent and updated version thereof, so that you are always updated on the processing activities that we carry out.