Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
“Firm” (referred to as either “the Firm”, “We”, “Us” or “Our” in this Agreement) refers to FMC Advocates of Kalson Towers, 2nd Floor, The Crescent, Off Parklands Road, Westlands, P.O. Box 1481-00621, Nairobi.
“Cookies” are small files that are placed on your computer, mobile device or any other device by a website, containing the details of your browsing history on that website among its many uses.
“Data Protection Laws” means the Data Protection Act No. 24 of 2019, the Data Protection (General) Regulations 2021, the Data Protection (Complaints Handling Procedure and Enforcement) Regulations 2021 and the Data Protection (Registration of Data Controllers and Processors) Regulations 2021
“Device” means any device that can access our website such as a computer, a cell phone or a digital tablet.
“Personal Information” is any information relating to you such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity.
“Processing” means any operation conducted on Personal Information including collection, storage, retrieval, disclosure, erasure, restriction, destruction.
“Usage Data” refers to data collected automatically, either generated by the use of the website or from the website infrastructure itself (for example, the duration of a page visit).
“You” means the individual accessing or using the website, or the company, or other legal entity on behalf of which such individual is accessing or using the website, as applicable.
Collecting and Using Your Personal Information
The types of Personal Information collected may include:
- Email address
- First name and last name
- Phone number
- Postal Address
- Usage Data
If you are a client or potential client or employed or engaged by one, we may also collect information your expertise and interests. Where relevant, we may collect other information – for example, your membership of professional associations or boards or, in rare cases, financial information. We may collect other personal information in the course of providing legal services to you or your employer, or to someone else based on subsequent interactions with you.
We collect Personal Information when we are or propose to be dealing with, or providing or marketing our services to you, a client, or someone employing or engaging you. Generally, we will tell you why we are collecting personal information and how we plan to use it, or these things will be obvious when we collect the information.
If you apply for a job with us we may collect certain information from you such as your name and contact details, information about your working history and relevant records checks, from any recruitment consultant and from your previous employers, universities, colleges and others who may be able to provide information to us to assist us in our decision on whether or not to make you an offer of employment.
We generally only collect Personal Information from this website when it is provided voluntarily by you – for example, when you fill in a contact form or any job application form, subscribe to our publications or register to attend a seminar or webinar.
Usage Data is collected automatically when accessing our website.
Usage Data may include information such as your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our website that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access our website by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile internet browser you use, unique device identifiers and other diagnostic data.
Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on your personal computer or mobile device when you go offline, while Session Cookies are deleted as soon as you close your web browser.
We use both Session and Persistent Cookies for the purposes set out below:
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide you with services available through our website and to enable you to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that you have asked for cannot be provided, and FMC only uses these Cookies to provide you with those services.
Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices you make when you use our website, such as remembering your login details or language preference. The purpose of these Cookies is to provide you with a more personal experience and to avoid you having to re-enter your preferences every time you use our website
Tracking and Performance Cookies
Type: Persistent Cookies
Administered by: Third Parties
Purpose: These Cookies are used to track information about traffic to the website and how users use the website. The information gathered via these Cookies may directly or indirectly identify you as an individual visitor. This is because the information collected is typically linked to a pseudonymous identifier associated with the device you use to access the website. We may also use these Cookies to test new pages, features or new functionality of the website to see how our users react to them.
Lawful Use of Your Personal Information
Once collected, we may use your Personal Information in a variety of ways such as to:
- provide service communications and customer service messages;
- respond to your emails or online requests for products, services, or information;
- deliver and process surveys;
- personalise and improve the usability of this site;
- deliver our products and services;
- publish registration lists;
- tailor content, advertising and marketing to you;
- if required to do so by law or to protect us; and
- when fulfilling service requests initiated by you, we may share your Personal Information with certain third parties to fulfil the requests. We may also share such information with service providers that perform business functions for us.
All Personal Information used by Us shall be used in accordance with the Data Protection Laws in force in Kenya.
Sharing of your Personal Information
We may on occasion be required to share your information with FMC’s members, offices, affiliates, associated firms and any third parties who provide services on our behalf. In relation to any other third parties, we will disclose your information where you have given your consent or where we are required to do so by law, or where it is necessary for the purpose of, or to carry out a transaction or in connection with, legal proceedings or in order to exercise or defend legal rights.
We may however share e-mail addresses with third parties as necessary for them to perform certain services on our behalf, such as packaging, mailing and delivering products and processing event registrations and to respond to your service requests, which shall only be done with your consent. Overall, we may disclose your Personal information for any other purpose with your consent
We implement commercially reasonable security measures and safeguards to help protect against unauthorized access to or unauthorized alteration, disclosure, or destruction of data. Unfortunately, no data transmission over the Internet can be guaranteed to be fully secure. Accordingly, and despite our efforts, we cannot guarantee or warrant the security of any information you transmit to us, or to or from our online products or services.
Retention of Your Personal Information
The Firm will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our website, or except where we are legally obligated to retain this data for longer time periods.
Transfer of Your Personal Information
Your Personal Information shall be processed at the Firm’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Kenya or other governmental jurisdiction where the data protection laws may differ than those from in Kenya.
Disclosure of Your Personal Information
Under certain circumstances, the Firm may be required to disclose your Personal Information if required to do so by law or in response to valid requests by public authorities such as a court or a government agency.
Other legal requirements
The Firm may disclose Your Personal Information in the good faith belief that such action is necessary to:
- Comply with a legal obligation
- Protect and defend the rights or property of the Firm
- Prevent or investigate possible wrongdoing in connection with the website
- Protect the personal safety of users of the website or the public
- Protect against legal liability
We may use third-party service providers to monitor and analyze the use of our website.
We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt-out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting s.
Legal Basis for Processing Personal Information under Data Protection Laws
We may process Personal Information under the following conditions:
- Consent: You have given your consent for processing Personal Information for one or more specific purposes.
- Performance of a contract: Provision of Personal Information is necessary for the performance of an agreement with you and/or for any pre-contractual obligations thereof.
- Legal obligations: Processing Personal Information is necessary for compliance with a legal obligation to which FMC is subject.
- Vital interests: Processing Personal Information is necessary in order to protect your vital interests or of another natural person.
- Public interests: Processing Personal Information is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Firm.
- Legitimate interests: Processing Personal Information is necessary for the purposes of the legitimate interests pursued by the Firm.
- Research: processing of personal information is necessary to conduct historical, scientific, literature, art, statistical or journalistic research.
In any case, the Firm will gladly help to clarify the specific legal basis that applies to the processing, and whether the provision of Personal Information is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
Your Rights under the Data Protection Laws.
The Data Protection Laws guarantees the following rights to you as a data subject:
- Right to be informed of the use your Personal Information is to be put;
- Right to access your Personal Information;
- Right to object to the processing of all or part of your Personal Information;
- Right to correct or delete false or misleading data; and
- Right of erasure of your Personal Information.
- Right to withdraw consent from use of your Personal Information
Exercising of Your Rights under Data Protection Laws.
You may exercise your rights by contacting Us. Please note that we may ask you to verify your identity before responding to such requests. If you make a request, we will try our best to respond to you as soon as possible.
You have the right to lodge a complaint with the Office of the Data Commissioner if you are aggrieved by any of our actions regarding your Personal Information.