We are deeply grateful for the trust that you have placed in us by entrusting us with your personal information. We value your confidence in us and are committed to protecting this information with the highest level of care. As advocates, we are bound by the advocate-client privilege, which means that the information provided to us by you is confidential and cannot be unlawfully used in a manner adverse to your interests.
This privacy policy is meant to inform you about how we collect, use, disclose and protect your personal information when you use our website and services. It also explains your rights concerning your personal information, in our possession.
- Introduction
Naftalys Advocates LLP is committed to protecting the privacy of its clients and website visitors. Any use of our website and services by you is subject to your prior, unequivocal and irrevocable consent to the terms of this privacy policy and our terms of use available at naftalyslaw.com/terms-of-use. If you do not consent to any of the terms of this privacy policy and our terms of use, you are required forthwith to desist from using our website or any of our services.
The headings contained herein are for convenience only and do not affect the interpretation of any of the terms and conditions contained herein.
- Collection of Personal Information
We collect your personal information when you:
- contact us through our website or by email;
- during the provision of our legal services to you;
- subscribe to our email list; or
- submit feedback or comments.
The personal information we collect may include your name, email address, phone number, company name, job title, national identity card number, passport number, applicable revenue authority’s personal identification numbers and other information that you voluntarily provide to us. Because of the nature of the services that we provide, we may, where necessary, collect some sensitive personal information from you, such as details about your property or family. When you leave a comment on our site, a third-party service that provides security for the website may collect your IP address and browser user agent string to aid in spam detection.
The retention period for the information that we collect shall be the greater of six (6) years from the date of the relevant letter of engagement or five (5) years after we have finalised the provision of our deliverables under the relevant letter of engagement. If you leave a comment or post on our website, the comment or post and its metadata will be retained indefinitely. This is so that we can recognise and approve any follow-up comments automatically instead of holding them in a moderation queue. For users who register on our website, we also store the personal information they provide in their user profiles. All users can see, edit or delete their personal information at any time. Website administrators can also see and edit that information, in some circumstances, they may restrict the user from editing their information.
During the course of the provision of our services, we may collect some of your information contained in public records, process the information you have provided to us further and/or implement various automated decision-making procedures to enhance our ability to serve you better.
Every effort has been taken to minimise and pseudonymise, wherever appropriate, any information that identifies you and ensure the processing of your personal information complies with all applicable provisions of the law and respects your rights as a data subject.
While our website may contain hyperlinks to external websites, we are not responsible for and do not guarantee that these external websites have effective data protection mechanisms or privacy controls in place. We expressly disclaim any and all liability arising from or in connection with your use of any external website.
- Cookie Policy
A “cookie” is a small file that stores some information on your device. Bad actors may use cookies to track your browsing activity, including the pages you visit, the links you click and the products you view, to target you with advertising or for other malicious reasons. Cookies may also be used for legitimate purposes, such as keeping you logged in to a website or remembering your preferences.
In compliance with our data minimisation philosophy, our website uses cookies when strictly necessary.
However, some third-party services that are necessary for the operation of our website may require the creation of cookies. We have taken all reasonable steps to reduce the number of cookies generated by these services. It is worth noting, however, that if you leave a comment on our website, you may opt in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year. Also, if you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal information and is discarded when you close your browser. And, when you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed. Finally, if you edit or publish an article with us, an additional cookie will be saved in your browser. This cookie includes no personal information and simply indicates the post identifier of the article you just edited. It expires after one day.
It is important to note that you can control the management of cookies. Most browsers allow you to block all cookies, block third-party cookies (cookies that are set by websites other than the one you are visiting), or delete all cookies when you close your browser. Kindly consult your browser provider for more information on how to manage cookies. Please note that the unrestricted functionality of our website may be impeded if certain essential cookies are disabled or erased.
- Why do we Collect Information
We strive to be as transparent as possible on all matters pertaining to the collection of your personal information. To this end, we wish to inform you that we only collect your information to:
- provide our services;
- communicate with you;
- protect our rights and interests together with those of other website users and the public; and
- to meet specific legal obligations.
Information you provide to us may be stored on servers owned and operated by third-party data storage providers. Such storage is necessary for the provision of our services to you through this medium. Even though these service providers, who may be legally classified as “data processors”, may be located outside the jurisdiction of the Republic of Kenya, they are situated in jurisdictions with commensurate data protection laws. We take appropriate measures, which include entering into legally binding contracts, to ensure that these service providers safeguard your personal information and refrain from using it for any purposes other than storing it on our behalf. Any use of this website is subject to your prior, unequivocal and irrevocable consent to the storage and transfer of your information out of the jurisdiction of the Republic of Kenya.
- Disclosure of Personal Information
We may disclose your personal information to third parties in the following limited circumstances:
- when you authorise the disclosure of such information to third parties appointed by you during the course of the provision of our legal services;
- to comply with the law or legal processes;
- to protect our rights, property and/or interests;
- to prevent fraud or other illegal activities; and
- to our service providers who help us operate our website and provide legal services.
Such information may not be deleted by us immediately after your request, but we assure you that the information will be deleted at the earliest possible opportunity.
Articles on this site may include embedded content such as videos, images, articles, et cetera. Embedded content from other websites behaves in the same way as if the visitor had visited the other website. These other websites may collect information about you, use cookies, embed additional third-party tracking and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.
- Security of Personal Information
We take reasonable steps to protect your personal information from unauthorised access, use, disclosure, alteration or destruction. To this end, we use a variety of security measures, such as encryption, firewalls and access controls.
If you upload images to the website, you should avoid uploading images with embedded location information (EXIF GPS) included, as visitors to the website can download and extract any location information from images on the website.
- Your Choices
By giving us your personal information, you acquire the following rights, including:
- the right to be informed of the use to which your information is to be put;
- the right to access your personal information in our possession;
- the right to object to the processing of your personal information;
- the right to have false or misleading personal information corrected or deleted; and
- the right to lodge a complaint with the Office of the Data Protection Commissioner that is situated within the Republic of Kenya.
You can unsubscribe from our email list at any time by clicking on the ‘unsubscribe’ link in any of our business development emails. You can also request to access, correct or delete your personal information by contacting us at [email protected].
- Governing Law
This privacy policy shall be exclusively governed by and construed in accordance with the laws of Kenya, without regard to her conflict of laws principles.
- Changes to this Privacy Policy
We reserve the right to update this privacy policy from time to time. We will post any changes to this privacy policy on this website.
- Contact Us
If you have any questions about this privacy policy, please contact our data protection officer at [email protected].
- Effective Date
This privacy policy is effective as of 28 April 2024.