Terms and Conditions
GENERAL TERMS AND CONDITIONS FOR THE OPENING AND USE OF THE C&R DIGITAL ACCOUNT AND PORTAL
1. THE AGREEMENT
This agreement sets out the complete Terms and Conditions ("Terms and Conditions") which shall be applicable to the C&R Digital Account (as hereinafter defined) opened by C&R Digital User (as hereinafter defined as “C&R Digital User” or “You”) with the Custody and Registrars Group (as hereinafter defined). The C&R Digital User and Custody and Registrars Group may be referred to individual as “a Party” or altogether be referred to as “the Parties” to these Terms and Conditions.
The C&R Digital User wishes to appoint the Custody and Registrars Group to be the sole nominee of the Services and the C&R Digital User has agreed to accept such appointment subject to the terms set out in these Terms and Conditions. These Terms and Conditions together with the Privacy Policy and any amendments or variations thereto take effect on their date of publication.
All capitalized terms in this Recital are defined in the section Agreed Terms: Definitions and Interpretations
2. DEFINITIONS
Business Day: a day other than a Saturday, Sunday or public holiday in the Republic of Kenya when banks in Nairobi are open for business.
Costs means all costs, charges, expenses and liabilities of any kind, including costs and damages in connection with litigation, professional fees, disbursements and any value added tax charged with respect to the C&R Digital Account.
Customer Care Centre means any Custody and Registrars Group shops or such other retail outlets, or outlets as may be notified to the C&R Digital User by the from time to time;
Equipment includes your mobile phone handset, tablets, SIM Card and/or other equipment which when used together enables you to access the Network;
IPRS means the Integrated Population Registration System set up and maintained by the Government of Kenya under the Ministry of State for Immigration and Registration of Persons;
Network means the mobile cellular network operated in Kenya.
Request means a requestor instruction received by Custody and Registrars Group from a C&R Digital User or purportedly from the C&R Digital User through C&R Digital using the Network to instruct the C&R Digital System and upon which Custody and Registrars Group is authorized to act.
C&R Digital means the software application which is downloaded and/or installed on the C&R Digital User`s mobile phones, tablets, or likewise devise(s) which shall enable them to access the Services.
C&R Digital Account means the account held by the C&R Digital User with Custody and Registrars Group through C&R Digital in connection with provision of the Services.
C&R Digital Account PIN means the C&R Digital User`s personal identification number being the secret code used to access and operate the C&R Digital Account
C&R Digital User means the person registered on C&R Digital for the use of the Services and is liable to Custody and Registrars Group for the settlement of the Transaction Costs.
Custody and Registrars Group a private limited company incorporated under the Companies Act 2015 of the Republic of Kenya and includes subsidiaries or associated organizations as may from time to time be specified by Custody and Registrars Group that operates the C&R Digital System for the provision of the Services through C&R Digital using the Network.
C&R Digital System means the system operated by Custody and Registrars Group for the provision of the Services through C&R Digital using the Network.
The Services shall include hosting of virtual annual general meetings (AGMs) and any other form of virtual event.
Transaction Costs includes the facility access fee, rollover fee, penalty fees, interests and any other Costs and charges payable for the use of the Services as published by Custody and Registrars Group on C&R Digital, the C&R Digital System or by such other means as Custody and Registrars Group shall in its sole discretion and at any time determine.
3. INTERPRETATION
In this Terms and Conditions:
1. Clause, Schedule and paragraph headings shall not affect the interpretation of this Agreement;
2. Unless the context otherwise requires, words in the singular shall include the plural and, in the plural, shall include the singular;
3. Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders;
4. References to a Party shall include that party's successors, permitted assigns and permitted transferees and this Terms and Conditions shall be binding on, and endure to the benefit of, the parties to this Terms and Conditions and their respective personal representatives, successors and permitted assigns;
5. A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted and all subordinate legislation from time to time;
6. An obligation on a Party not to do something includes an obligation not to allow that thing to be done
7. A reference to a document in agreed form is to that document in the form agreed by the Custody and Registrars Group and the C&R Digital User and initialled by or on their behalf for identification;
8. A reference to an amendment includes a novation, re-enactment, supplement or variation (and amended shall be construed accordingly);
9. Reference to this Terms and Conditions (or any provision of it) or to any other Terms and Conditions or document referred to in this Terms and Conditions is a reference to this Agreement, that provision or such other Terms and Conditions or document as amended (in each case, other than in breach of the provisions of this Agreement) from time to time;
4. ACCEPTANCE OF THE TERMS AND CONDITIONS
4.1 Before applying to open the C&R Digital Account via the C&R Digital System you should carefully read and understand these Terms and Conditions which will govern the use and operation of the C&R Digital Account.
4.2 If you do not agree with these Terms and Conditions, please click “Decline” on the C&R Digital menu.
4.3 You will be deemed to have read, understood and accepted these Terms and Conditions upon
1. Clicking on the “Accept” option on the C&R Digital Menu requesting you to confirm that you have read, understood and agreed to abide with these Terms and Conditions; and/or
2. By using or continuing to use and operate the C&R Digital Account.
4.4 By applying to open the C&R Digital Account with C&R Digital, you agree to comply with and be bound by these Terms and Conditions and affirm that these Terms and Conditions herein are without prejudice to any right that the C&R Digital may have with respect to the C&R Digital Account in law or otherwise.
4.5 You acknowledge and accept that C&R Digital offers the C&R Digital Account only electronically and you agree to do business with C&R Digital and to operate the C&R Digital Account only by electronic means via the C&R Digital System.
4.6 You acknowledge and accept that the Services to be offered by Custody and Registrars Group will be processed on a first come first serviced (first in first out) basis and that the trade order fulfilment will be based on availability of the quantity and price of the Services in the market.
4.7 Any query and complaint you may have relating to the Services shall be addressed to C&R Digital through the Customer Care Centre.
5. ACCOUNT OPENING
5.1 In order to open a C&R Digital Account you must be at least 18 years old, be a holder of a valid passport or Kenya National ID, have an active email address and a registered and active mobile telephone line with the mobile telephone Network available on C&R Digital.
5.2 You may open an Account User Account solely by way of an electronic application made by you using your Equipment on C&R Digital via the C&R Digital System.
5.3 You authorise us to collect, retain and use personal information about you including your phone number, name, date of birth, ID or Passport Number and such other information that will enable Custody and Registrars Group identify you and comply with the regulatory “Know Your Customer” requirements in the provision of Services and for such purposes as detailed in such data protection and privacy policies as Custody and Registrars Group may issue from time to time.
5.4 You authorize us to verify or confirm any details you have provided under “Know Your Customer” requirements with any government or regulatory authority or other competent body or if required to do so by statute as may be necessary.
5.5 Custody and Registrars Group reserves the right to request for further information from you pertaining to your application for a C&R Digital User Account at any time. Failure to provide such information within the time required by Custody and Registrars Group may result in Custody and Registrars Group declining to accept your application for or continued use of the C&R Digital Account.
5.6 Acceptance by Custody and Registrars Group is at the sole discretion Custody and Registrars Group and shall be communicated via SMS/email and Custody and Registrars Group reserves the right to decline or revoke the acceptance at any stage at their discretion without assigning any reason or giving any notice thereto.
9. IRREVOCABLE AUTHORITY OF CUSTODY AND REGISTRARS GROUP
9.1 You hereby irrevocably confirm that you retain sole responsibility for your C&R Digital Account PIN used to access and transact on your account. You hereby irrevocably confirm that any access, transaction or request on your C&R Digital Account that has been made using your C&R Digital Account PIN is a valid access, transaction or request unless you have notified Custody and Registrars Group or loss or misappropriation of your C&R Digital Account PIN and requested for same to be deleted from the system and a new C&R Digital Account PIN issued in accordance with 10.4 of this Terms and Conditions.
9.2 You hereby irrevocably authorize Custody and Registrars Group to act on all Requests received by Custody and Registrars Group from you (or purportedly from you) through the C&R Digital System and to hold you liable in respect thereof, notwithstanding that any such requests are not authorized by you or are not in accordance with any existing mandates given by you.
9.3 If you request the Custody and Registrars Group to cancel any transaction or instruction after a Request has been received by Custody and Registrars Group from you, Custody and Registrars Group may at its absolute discretion cancel such transaction or instruction but shall have no obligation to do so.
9.4 Custody and Registrars Group is authorized to effect such orders in respect of your C&R Digital Account as may be required by any court order or competent authority or agency under the applicable laws.
9.5 In the event of any conflict between any terms of any Request received by Custody and Registrars Group from you and these Terms and Conditions, these Terms and Conditions shall prevail.
10. CUSTOMER’S EQUIPMENTAND CUSTOMER’S RESPONSIBILITIES
10.1 You shall at your own expense provide and maintain in safe and efficient operating order your Equipment necessary for the purpose of accessing the System and the Services.
10.2 You shall be responsible for ensuring the proper performance of your Equipment. Custody and Registrars Group shall neither be responsible for any errors or failures caused by any malfunction of your Equipment, and nor shall Custody and Registrars Group be responsible for any computer virus or related problems that may be associated with the use of the C&R Digital System, the Services and the Equipment.
10.3 You shall at all times follow the security procedures notified to you by Custody and Registrars Group from time to time or such other procedures as may be applicable to the Services from time to time.
10.4 You shall immediately inform Custody and Registrars Group through the Customer Care Centre in the event that:
1. You have reason to believe that your C&R Digital Account is or may be known to any person not authorized to know the same and/or has been compromised; and/or
2. You have reason to believe that unauthorized use of the Services has or may have occurred or could occur and a transaction may have been fraudulently input or compromised.
11. EXCLUSION OF LIABILITY
11.1 Custody and Registrars Group shall not be responsible for any loss suffered by you should the Services be interfered with or be unavailable by reason of (a) the failure of any of your Equipment, or (b) any other circumstances whatsoever not within the Custody and Registrars Group’s control including, without limitation, force majeure or error, interruption, delay or non-availability of the System, terrorist or any enemy action equipment failure, loss of power, adverse weather or atmospheric conditions, and failure of any public or private telecommunications system
11.2 The Custody and Registrars Group will not be liable for any losses or damage suffered by you as a result of or in connection with: -
1.
2. Failure, malfunction, interruption or unavailability of the System, your Equipment, the Network,
3.
4.
5. Any fraudulent or illegal use of the Services, the C&R Digital System and/or your Equipment
6. Your failure to comply with these Terms and Conditions and any document or information provided by Custody and Registrars Group concerning the use of the Custody and Registrars Group System and the Services.
11.3 Under no circumstances shall Custody and Registrars Group be liable to you for any loss of profit or anticipated savings or for any indirect or consequential loss or damage of whatever kind, howsoever caused, arising out of or in connection with the Services even where the possibility of such loss or damage is notified to Custody and Registrars Group.
11.4. All warranties and obligations implied by law are hereby excluded to the fullest extent permitted by law.
12. INTELLECTUAL PROPERTY RIGHTS
You acknowledge that the intellectual property rights in the C&R Digital System (and any amendments, upgrades or enhancements thereto from time to time) and all associated documentation that the Custody and Registrars Group provides to you through the System or otherwise are vested either in the Custody and Registrars Group or in other persons from whom the Custody and Registrars Group has a right to use and to sub-license the System and/or the said documentation. You shall not infringe any such intellectual property rights. You shall not duplicate, reproduce or in any way tamper with the System and associated documentation without the prior written consent of the Custody and Registrars Group.
13. INDEMNITY
13.1 In consideration of Custody and Registrars Group complying with your instructions or Requests in relation the C&R Digital Account, you undertake to indemnify Custody and Registrars Group and hold it harmless against any loss, charge, damage, expense, fee or claim which Custody and Registrars Group suffers or incurs or sustains thereby and you absolve Custody and Registrars Group from all liability for loss or damage which you may sustain from Custody and Registrars Group acting on your instructions or requests or in accordance with these Terms and Conditions.
13.2 The indemnity in clause13.1 shall also cover the following:
1. All demands, claims, actions, losses and damages of whatever nature which may be brought against Custody and Registrars Group or which it may suffer or incur arising from its acting or not acting on any Request or arising from the malfunction or failure or unavailability of any hardware, software, or equipment, the loss or destruction of any data, power failures, corruption of storage media, natural phenomena, riots, acts of vandalism, sabotage, terrorism, any other event beyond Custody and Registrars Group’s control, interruption or distortion of communication links or arising from reliance on any person or any incorrect, illegible, incomplete or inaccurate information or data contained in any Request received by Custody and Registrars Group
2. Any loss or damage that may arise from your use, misuse, abuse or possession of any third-party software, including without limitation, any operating system, browser software or any other software packages or programs.
3. Any unauthorized access to your C&R Digital User Account or any breach of security or any destruction or accessing of your data or any destruction or theft of or damage to any of your Equipment.
4. Any loss or damage occasioned by the failure by you to adhere to these Terms and Conditions and/or by supplying of incorrect information or loss or damage occasioned by the failure or unavailability of third-party facilities or systems or the inability of a third party to process a transaction or any loss which may be incurred by the Custody and Registrars Group as a consequence of any breach by these Terms and Conditions.
5. Any damages and costs payable to the Custody and Registrars Group in respect of any claims against C&R Digital for recompense for loss where the particular circumstance is within your control.
13.3 Custody and Registrars Group shall maintain at their own cost separate insurance policies that are adequate to cover their respective liabilities fully for the entire period during which by reason of this Agreement the liability of this Terms and Conditions is under their risk. They shall ensure that the terms of such an insurance policy are as closely similar to the terms set out under this Terms and Conditions
14. NOTICES
Issuing of notices
Unless otherwise provided, any notice to be given to a Party in connection with this Terms and Conditions will be given in writing in the English writing and will be given by personal delivery, by a reputable delivery service, via SMS to the Mobile Phone number associated with the C&R Digital User Account or by electronic mail, addressed to the recipient at its address specified in this Terms and Conditions or at such other address as may be notified by such Party to the others pursuant to this clause.
Receipt of notices
Any notice given by personal delivery or by a delivery service will be conclusively deemed to have been given at the time of delivery and, if given by fax or by electronic mail or via SMS to the Mobile Phone number associated with the Account User Account, on the day of transmittal if before 5:00 p.m. on a Business Day, or on the following Business Day if transmission occurs on a day that is not a Business Day or after 5:00p.m. on a Business Day. If the fax or electronic transmission system suffers any interruptions by way of a strike, slow-down, a force majeure, or any other cause, a Party giving a notice must do so using another means of communication not affected by the disruption.
15. DISPUTE RESOLUTION
15.1 You may contact the Customer Care Center to report any disputes, claims or C&R Digital Account discrepancies.
15.2 If any dispute arises out of or in connection with this Agreement, representatives of the Parties with authority to settle the dispute will, within 14 days of a written request from one Party to the other, meet in a good faith effort to resolve the dispute. If the dispute is not resolved at the meeting, the Parties will attempt to settle the matter before the courts of Kenya.
15.3 Notwithstanding the foregoing, a Party is entitled to seek preliminary injunctive relief or interim or conservatory measures from any court of competent jurisdiction pending the final decision of the good faith efforts to resolve the dispute.
16. GOVERNING LAW ANDJURISDICTION
16.1 This Terms and Conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of the Republic of Kenya.
16.2 Subject to clause 15 the parties irrevocably agree that the courts of Kenya shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims)arising out of or in connection with this Terms and Conditions or its subject matter or formation.
17. DISCLOSURE OF INFORMATION
The C&R Digital User hereby expressly consent and authorize Custody and Registrars Group to disclose receive record or utilize your personal information or information or data relating to the C&R Digital Account and any details of their use of the Services.
17.1. to and from any local or international law enforcement or competent regulatory or governmental agencies so as to assist in the prevention, detection, investigation or prosecution of criminal activities or fraud.
17.2 to a Credit Reference Bureau.
17.3 to Custody and Registrars Group’s lawyers, auditors or other professional advisors or to any court or arbitration tribunal in connection with any legal or audit proceedings.
17.4 for reasonable commercial purposes connected to your use of the Services, such as
marketing and research related activities Provided Always That confidential information of the C&R Digital User of his account is not provided or is suitably modified so as not be recognized as belonging or attributable to the C&R Digital User; and
17.5 in business practices including but not limited to quality control, training and ensuring effective systems operation.
18. DATA PROTECTION
18.1. By signing this Agreement, the C&R Digital User acknowledges and agrees that Custody and Registrars Group is permitted to hold and process personal data about the C&R Digital User and may use such information in the course of C&R Digital Nominee Limited’s business.
18.2 Custody and Registrars Group shall hold and process such Personal Data in accordance with the provisions of the Data Protection Act No. 24 of 2019 and all applicable laws together with the Data Privacy Notice annexed hereto.
19. VARIATION AND TERMINATION
19.1 Custody and Registrars Group may at any time, upon notice to the C&R Digital User, terminate or vary its business relationship with the C&R Digital User and close the C&R Digital Account.
19.2 Without prejudice to Custody and Registrars Group’s rights under the Agreement, Custody and Registrars Group may at its sole discretion suspend or close the C&R Digital Account:
1. if the C&R Digital Account is used for unauthorised purposes or where Custody and Registrars Group detects any abuse/misuse, breach of content, fraud or attempted fraud relating to the use of the Services;
2. if the C&R Digital Account or Terms and Conditions with a Mobile Network Operator is terminated for whatever reason;
3. if Custody and Registrars Group is required or requested to comply with an order or instruction of or a recommendation from the government, court, regulator or other competent authority;
4. if Custody and Registrars Group reasonably suspects or believes that the C&R Digital User is in breach of the Terms and Conditions which the C&R Digital User fail to remedy (if remediable) within 14 days after the service of notice by email, SMS or other electronic means requiring you to do so;
5. where such a suspension or variation is necessary as a consequence of technical problems or for reasons of safety; to facilitate update or upgrade the contents or functionality of the Services from time to time; where your C&R Digital User Account becomes inactive or dormant;
6. if Custody and Registrars Group decides to suspend or cease the provision of the Services for commercial reasons or for any other reason as it may determine in its absolute discretion; or
7. if the C&R Digital User breaches any of the terms in this Terms and Conditions.
19.3
19.4 Termination shall however not affect any accrued rights and liabilities of either Party.
19.5
20. MISCELLANEOUS
20.1 These Terms and Conditions (as may be amended from time to time) form a legally binding Agreement binding on you and your personal successors.
20.2 C&R Digital may vary or amend at any time and without notice to you these Terms and Conditions. Any such variations or amendments may be published in posters or pamphlets available at C&R Digital’s Agents outlets, in the daily newspapers, on the Mobile Application, on Custody and Registrars Group System and/or by any other means as determined by C&R Digital and any such variations and amendments shall take effect immediately upon publication.
20.3 These Terms and Conditions and any rights or liabilities accruing thereunder may not be assigned by you to any other person.
20.4 If any provision (or part of a provision) of this Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision (or part of a provision) shall be deemed deleted. Any modification to or deletion of a provision (or part of a provision) under this clause shall not affect the legality, validity and enforceability of the rest of this Terms and Conditions.
20.5 No failure or delay by either yourself or C&R Digital in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise thereof or the exercise of any other right or remedy.
20.6 The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law.
20.7 Except as expressly provided in these Terms and Conditions, a person who is not a Party to these Terms and Conditions has no right to enforce or enjoy the benefit of any term of these Terms and Conditions. The rights of the parties to rescind or agree any amendment or waiver under these Terms and Conditions are not subject to the consent of any other person.
SCHEDULE 1
CUSTODY AND REGISTRARS GROUP DATA PRIVACY NOTICE FOR C&R DIGITAL USERS
Last Updated: 22nd March 2020
Overview
Your privacy is important to us. We respect the privacy rights of all individuals and we are committed to handling personal data responsibly and in accordance with all applicable laws. This privacy notice, together with the Addenda and other notices provided at the time of data collection, explain what personal data Custody and Registrars Group collects about you, how we use this data, and your rights to this data.
Please note that this notice applies to the handling of your personal data as a C&R Digital User. Nothing in this notice should be construed to interfere with Custody and Registrars Group's ability to process a C&R Digital User's data for purposes of complying with its legal obligations, or for investigating alleged misconduct or violations of the law, subject to compliance with applicable legal requirements.
Custody and Registrars Group's processing of personal data is in all cases subject to the requirements of the Data Protection Act No. 24 of 2019. To the extent this notice conflicts with the Data Protection Act No. 24 of 2019 and any applicable laws, such laws shall apply.
Personal Data that We Process (this may include data that you provide to us, that we collect about you, or that we assign to you.)
We collect, use, and maintain (collectively 'process') different types of personal data about you in the operation of our business. As a C&R Digital User, we process personal data about you primarily for managing our relationship with you in respect to the Services.
The data we process is limited to the following:
Name and contact data. Your first and last name, personal email address, postal address, phone number, photo, beneficiary and emergency contact details, and other similar contact data.
National identifiers. Your national ID/passport, residency and work permit status or other taxpayer/government identification number.
Employment details. Your job title/position, office location, employment contract, offer letter, hire date, termination date, performance history and disciplinary records, leave of absence, sick time, and vacation/holiday records.
Spouse/partner and dependents' information. Your spouse and dependents' first and last names, dates of birth, and contact details.
Background information. Academic and professional qualifications, education, CV/Resume and criminal records data(utilized for background check and vetting purposes where permissible and in accordance with applicable law and consultation requirements).
Financial information. Credit Score. We may also collect personal data about you from third parties or public sources as needed to support the performance of the Services. For example, during the course of the Services, we may collect information from a Credit Reference Bureau (CRB) for purposes of ascertaining your credit risk.
In some limited circumstances, we may collect personal data for research purposes or other non-Service related purpose, with your consent.
Why We Process Personal Data:
We collect your personal data for the purposes set out below. Failure to provide your personal data when requested may prevent us from being able to carry out these tasks and/or comply with our legal obligations.
1. To administer the Services as set out under this Agreement
We collect and use your personal data primarily for the purpose of managing our working relationship with you, and to fulfill our obligations under this Agreement including opening of a C&R Digital Account, or as further prescribed under this Agreement.
2. Other overriding and legitimate business purposes
We also may collect and use your personal data when it is necessary for other legitimate purposes, such as marketing and research related activities Provided Always That confidential information of the C&R Digital User of his account is not provided or is suitably modified so as not be recognized as belonging or attributable to the C&R Digital User without the use of additional information and such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data is not attributed to an identified or identifiable C&R Digital User.
We may also use and collect your information for business practices including but not limited to quality control, training and ensuring effective systems operations in addition to management of network and information system security and business operations.
3. Legally required purposes
We also may use your personal data when we consider it necessary for complying with laws and regulations, including collecting and disclosing personal data as required by law (e.g., Know Your Customer requirements, tax, anti-corruption, anti-money laundering,), underjudicial authorization, or to exercise or defend the legal rights of Custody and Registrars Group.
We may also share your information with our lawyers, auditors or other professional advisors in connection with any legal or audit proceedings.
Change of purpose
We will only use your personal data for the purposes for which it was collected, unless we reasonably consider that we need it for another purpose that is compatible with the original purpose and there is legal basis for the further processing.
How and Why We Share Personal Data
Custody and Registrars Group will only share your personal data with those who have a legitimate need for it. Whenever we permit a third party to access personal data, we will make sure the data is used in a manner consistent with this notice (and any applicable internal data handling guidelines consistent with the sensitivity and classification of the data). Your personal data may be shared with our subsidiaries and affiliates and other third parties, including service providers, for legitimate purposes as follows:
1. In order to carry out the uses of personal data described above (See section titled: Why We Process Personal Data);
2. To enable third parties to provide services to us. Categories of recipients of data would include, data hosting service providers, system maintenance support service providers, insurance providers, tax service providers;
3. To comply with our legal obligations, regulations or contracts, or to respond to a court order, administrative or judicial process, such as a subpoena, government audit or search warrant. Categories of recipients would include counter-parties to contracts, judicial and governmental bodies;
4. In response to lawful requests by public authorities (such as national security or law enforcement);
5. To seek legal advice from external lawyers and advice from other professional advisers such as accountants, management consultants, etc.;
6. As necessary to establish, exercise or defend against potential, threatened or actual litigation (such as adverse parties in litigation);
7. In connection with the sale, assignment or other transfer of all or part of our business (such as a potential purchaser and its legal / professional advisers); or
8. Otherwise in accordance with your consent.
Please note that where legal requirements limit the sharing of your data, Custody and Registrars Group will respect such requirements.
Your Rights to Your Personal Information
In addition to the above, you may have certain rights under the Data Protection Act No.24 of 2019. Please see the Addendum to this notice.
Other Important Privacy Information
Security of Your Personal Data
Custody and Registrars Group is committed to protecting the security of your personal data. We use a variety of security technologies and procedures to help protect your personal data from unauthorized access, use, or disclosure. For example, we store the personal data you provide on computer servers with limited access that are located in controlled facilities, and, when we transmit certain highly confidential or sensitive personal information, we protect it through the use of encryption.
Where We Store and Process Personal Data
Custody and Registrars Group may share your data with third party service providers outside of Kenya such as data hosting service providers and system maintenance service providers.
When we transfer your personal data to a different country, for hosting or processing purposes, we will ensure that adequate measures,safeguards and regulatory approvals are in place prior to this transfer of such data in accordance with the Data Protection Act No. 24 of 2019 and all other applicable laws.
Our Retention of Personal Data
Personal data will be stored according to applicable laws or regulatory requirements and kept as long as is necessary to fulfil the purposes for which the personal data was collected.
Changes to this Privacy Notice
We may occasionally update this privacy notice. When we do, we will revise the "last updated" date at the top of the privacy notice. If there are material changes to this notice or in how Custody and Registrars Group will use your personal data, we will use reasonable efforts to notify you either by prominently posting a notice of such changes before they take effect or by directly sending you a notification. We encourage you to periodically review this privacy statement on C&R Digital to learn how Custody and Registrars Group is protecting your personal data.
How to Contact Us
For copies of additional privacy documents mentioned in this notice, or if you have a privacy concern or question related to this notice, please contact
Custody and Registrars Group
P.O. Box 8484-00100, Nairobi, Kenya
Telephone number: +254 20 223 0518
E-mail address: digital@candrgroup.co.ke
ADDENDUM:
Data Subjects Rights, Consent and change of details.
In addition to the information shared above, as a data subject, you have certain rights as specified in this addendum pursuant to the provisions of the Data Protection Act No. 24 of 2019.
We may update the privacy notice and addendum at any time but if we do so, we will provide you with an updated copy of both as soon as reasonably practical.
It is important that you read and retain the privacy notice and addendum, together with any other privacy notice we may provide on specific occasions when we are collecting or processing personal information about you, so that you are aware of how and why we are using such information and what your rights are under the data protection legislation.
We will comply with all the aforementioned data protection laws in place and we are obliged to ensure the personal information we hold about you must be:
1. processed in accordance with your right to privacy as a data subject;
2. processed lawfully, fairly and in a transparent manner;
3. collected for explicit, specified and legitimate purposes and not further processed in a manner incompatible with those purposes;
4. adequate, relevant, and limited to what is necessary in relation to the purposes for which it is processed;
5. collected only where a valid explanation is provided whenever information relating to family or private affairs is required;
6. 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;
7. kept in a form which identifies the data subjects for no longer than is necessary for the purposes which it was collected; and
8. not transferred outside Kenya, unless there is proof of adequate data protection safeguards or consent from the data subject
You may exercise the below-listed rights regarding the processing of your personal data by means of submitting a request to Custody and Registrars Group. Upon your submission of a request relating to your rights as a data subject, , such request shall be finalized by the Custody and Registrars Group free of charge, at the latest within thirty days, depending on the nature of the request.
In this respect, C&R Digital Users are entitled to the following rights;
• to be informed of the use to which their personal data is to be put;
• to access and ascertain their personal data that is in the custody of Custody and Registrars Group or any third party with whom Custody and Registrars Group has shared data;
• to object or restrict to the processing of all or part of their personal data by Custody and Registrars Group or any third party with whom Custody and Registrars Group has shared data;
• to have false or misleading data about them corrected;
• to have false or misleading data about them deleted;
• to be notified of the purpose for which the personal data is collected, the categories of the intended recipients of the data, the contacts of the data controller or processor and to be informed on whether any other entity may receive their collected personal data;
• to be informed whether the data collection exercise is made pursuant to any law and whether such collection is voluntary or involuntary;
• to be informed of the consequence of the data subject not providing all or any of the requested data
• Request for an explanation on the processing of data and the outcome of such data
• to be provided with a description of the technical and organizational security measures taken to ensure the integrity and confidentiality of the data;
In collecting or processing personal data, Custody and Registrars Group will ensure that data collected is complete, accurate, up to date and not misleading having regard to the purpose for the collection or processing of the personal data.
Updating your details
If any of the information that you have provided to Custody and Registrars Group changes, for example if you change your email address, name or mobile phone number or if you wish to delete your C&R Digital account, please let us know of the same by sending an e-mail to digital@candrgroup.co.ke
Consent
If Custody and Registrars Group changes its data privacy notice, we will post the changes on the C&R Digital application, so that you may be aware of the information we collect and how we use it at all times. We will also e-mail you should we make any changes so that you may consent to our use of your information in that way. Continued use of the service will signify that you agree to any such changes.
In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact digital@candrgroup.co.ke. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.