Data Protection Policy

Definitions

• Organisation - means Maasai Beads Online Ltd, a company registered under the laws of Kenya and trading as “Maasai Beads Africa”
• DPA - means the Data Protection Act 2019 and its subsequent regulations
• Responsible Person - means Meshack Masibo, who serves as the External Data Protection Officer for the Company.
• Register - means a register of all systems or contexts in which personal data is processed by the Organisation.

1. Data protection principles

   The Organisation is committed to processing data per its responsibilities under the DPA.

   DPA requires that personal data shall be:

   • processed in accordance with the right to privacy of the data subject;
   • processed lawfully, fairly and in a transparent manner in relation to any data subject;
   • collected for explicit, specified and legitimate purposes and not further processed in a manner incompatible with those purposes;
   • adequate, relevant, limited to what is necessary concerning the purposes for which it is processed;
   • collected only where a valid explanation is provided whenever information relating to family or private affairs is required;
   • 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;
   • kept in a form which identifies the data subjects for no longer than is necessary for the purposes for which it was collected; and
   • not transferred outside Kenya, unless there is proof of adequate data protection safeguards or consent from the data subject.
2. General provisions
   • This policy applies to all personal data processed by the Organisation.
   • The Responsible Person shall take responsibility for the Organisation’s ongoing compliance with this policy.
   • This policy shall be reviewed annually.
   • The Organisation shall register with the Office of the Data Protection Commissioner as an organisation that processes personal data.
3. Lawful, fair and transparent processing
   • To ensure its processing of data is lawful, fair and transparent, the Organisation shall maintain a Register which shall be reviewed annually.
   • Individuals have the right to access their personal data and any such requests made to the Organisation shall be dealt with in a timely manner.
4. Lawful purposes
   • All data processed by the Organisation must be done on one of the following lawful bases: consent, contract, legal obligation, vital interests, public task or legitimate interests.
   • The Organisation shall note the appropriate lawful basis in the Register.
   • Where consent is relied upon as a lawful basis for processing data, evidence of opt-in consent shall be kept with the personal data.
   • Where communications are sent to individuals based on their consent, the option for the individual to revoke their consent should be clearly available and systems should be in place to ensure such revocation is reflected accurately in the Organisation’s Register.
5. Data minimisation
   • The Organisation shall ensure that the personal data acquired is adequate, relevant and limited to what is necessary in relation to the purposes for which it is processed.
6. Accuracy
   • The Organisation shall take reasonable steps to ensure personal data is accurate.
   • Where necessary for the lawful basis on which data is processed, steps shall be put in place to ensure that personal data is kept up to date.
7. Archiving/removal
   • To ensure that personal data is kept for no longer than necessary, the Organisation shall put in place an archiving policy for each area in which personal data is processed and review this process annually.
   • The archiving policy shall consider what data should/must be retained, for how long, and why.
8. Security
   • The Organisation shall ensure that personal data is stored securely using modern software that is kept up-to-date.
   • Access to personal data shall be limited to personnel who need access and appropriate security should be in place to avoid unauthorised sharing of personal information.
   • When personal data is deleted this should be done safely such that the data is irrecoverable
   • The organization shall put in place appropriate backup and disaster recovery solutions.
9. Breach In the event of a breach of security leading to the accidental or unlawful destruction, loss, alteration, or unauthorised disclosure of, or access to, personal data, the Organisation shall promptly assess the risk to people’s rights and freedoms and if appropriate report this breach to the Data Protection Commissioner within 72 hours.

Last Updated: 06/09/2023