DATA PRIVACY STATEMENT
1.0 Introduction
Your privacy is important to us. This privacy statement explains the personal data Kisumu Water and Sanitation Company (“KIWASCO”) collects, how KIWASCO processes it, and for what purposes.
This statement should be read together with the Terms and Conditions of Use for other KIWASCO services. Where there is a conflict, this statement will prevail.
This statement applies to all customers, suppliers, agents, consultants, partner and all visitors frequenting any of KIWASCO premises.
2.0 Definitions
References to:
2.1 “You” means:
- Customer- the person who subscribes to, uses our services or accesses our websites and includes any person who accesses any of our services you have subscribed to.
- Any agent, partner and consultant who has signed an agreement with us and is recognised as an agent, partner or consultant in accordance with any applicable laws or Regulations.
- Any visitor that is a person (including contractors/subcontractors or any third parties) who gains access to any KIWASCO premises.
- Any supplier who has been contracted by KIWASCO and executed a Supplier contract.
2.2 “KIWASCO”, “we” or “us”, “our” and “ours” Kisumu Water and Sanitation Company
The word “includes” means that what follows is not necessarily exhaustive and therefore the examples given are not the only things/situations included in the meaning or explanation of that text.
3.0 Policy Statement Details
3.1 Data Collection
3.1.1 We collect your personal information with your knowledge and consent when you do any of the following (please note that this list is not exhaustive):
- Register for a specific service, including but not limited to Water connection, Sewer connection, exhauster services, and Meter calibration services;
- Use KIWASCO online services (self-service portal, KIWASCO App) on phone or any other device;
- Subscribe to KIWASCO email or social media platforms;
- Ask KIWASCO for more information about a product or service or contact KIWASCO with a query or complaint through short code 40222 ,USSD code *483*86# or call centre 0575007000 ;
- Respond to or participate in a survey;
- Visit, access or use KIWASCO website;
- Reporting bursts and leaks, illegal use of water, meter theft.
- We may collect your information when you interact with us as a supplier, agent, contractor or consoltant as prescribed in this statement;
- We also collect information when you visit any of our premises.
3.1.2 We do not onboard minors (any person under 18 years of age) except where you register on their behalf as their parent and/ or legal guardian.
3.2 What Data is Collected?
The information we collect and store about you includes but is not limited to the following:
3.2.1 Your identity including your name, KRA Pin No, Identity document No, email address, Phone number, Postal address, Location.
3.2.2 Information about your alternative contact person including name, Postal address, area code, phone number identification document.
3.2.3 Supply details including region, Plot number, House number, floor number, Meter number, street.
3.2.4 Name, family details, age, profiling information such as level of education, , income brackets, etc. collected as part of surveys conducted by KIWASCO and their agents/consoltants on behalf of KIWASCO.
3.2.5 Your contact with us, such as when you: call us or interact with us through social media, our call centre, email (we may record your conversations, social media or other interactions with us).
3.2.6 We use Closed Circuit Television (CCTV) surveillance recordings. CCTV Devices are installed at strategic locations to provide a safe and secure environment in some of KIWASCO premises as a part of our commitment to community safety, security and crime prevention.
3.2.7 We maintain a register of visitors in which we collect and keep your personal data such as names, company/institution details, telephone number, vehicle registration details and National ID number. This information is collected for health, safety and security purposes
3.3 Use of Data
We may use and analyse your information for the following purposes:
3.3.1 Processing services that you have applied for from KIWASCO;
3.3.2 Billing you for using our products or services;
3.3.3 Responding to any of your queries or concerns;
3.3 Verifying your identity information through publicly available and/or restricted government databases in order to comply with applicable regolatory requirements;
3.3.4 Passing out information including disruption of water supply, change of tariff;
3.3.5 To comply with any legal, governmental or regolatory requirement or for use by our lawyers in connection with any legal proceedings;
3.3.6 In business practices including quality control, training, and ensuring effective systems operations;
3.3.7 Preventing and detecting fraud or other crimes;
3.3.8 For research, statistical, survey, and other scientific or business purposes;
3.3.10 Administering any of our online platforms/websites.
3.4 Data Categories
Categories of Personal Data as defined in the Data Protection Act of Kenya may be processed depending on the particolar types of products and services you have subscribed to.
3.5 Laws of Processing Data
We will process your personal information based on any of the lawfol bases provided under the Data Protection Law:
3.5.1 The performance of a Service Agreement with you;
3.5.2 KIWASCO’s legitimate business interests;
3.5.3 Compliance with a mandatory legal obligation;
3.5.4 Consent you provide;
3.5.5 Public interest;
3.5.6 Your vital interest.
3.6 Retention of Data
We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting, or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, the need to comply with our internal policy and the applicable legal, regulatory, tax, accounting or other requirements.
Anonymised information that can no longer be associated with you may be held indefinitely.
4.0 Disclosure of Data
4.1 Any disclosure of your information shall be in accordance with applicable law and regulations. KIWASCO shall assess and review each application for information and may decline to grant such information to the requesting party.
4.2We may disclose your information to:
- Law-enforcement agencies, regulatory authorities, courts or other statutory authorities in response to a demand issued with the appropriate lawful mandate and where the form and scope of the demand is compliant with the law.
- Our associates, partners, software developers or agents who are involved in delivering KIWASCO services you use;
- Fraud prevention and Anti money laundering agencies, credit-reference agencies;
- publicly available and/or restricted government databases to verify your identity information in order to comply with regolatory requirements;
- debt-collection agencies or other debt-recovery organisations;
- Survey agencies that conduct surveys on behalf of KIWASCO;
- Any other person that we deem legitimately necessary to share the data with.
4.4 We shall not release any information to any individual or entity that is acting beyond its legal mandate.
4.5We will get your express consent before we share your personal data with any third party for direct marketing purposes.
5.0 The Use of Cookies
5.1We may store some information (using “cookies”) on your computer when you visit our websites. This enables us to recognise you during subsequent visits. The type of information gathered is non-personal (such as: the Internet Protocol (IP) address of your computer, the date and time of your visit, which pages you browsed and whether the pages have been delivered successfully.
6.0 The Use of Hyperlinks
6.1Our websites may provide hyperlinks to other locations or websites on the Internet. These hyperlinks lead to websites published or operated by third parties who are not affiliated with or in any way related to us and have been included in our website to enhance your user experience and are presented for information purposes only.
6.2We do not endorse, recommend, approve or guarantee any third- party products and services by providing hyperlinks to an external website or webpage and do not have any co- operation with such third parties unless otherwise disclosed. We are not in any way responsible for the content of any externally linked website or webpage.
6.8By clicking on a hyperlink, you will leave the KIWASCO webpage and accordingly you shall be subject to the terms of use, privacy and cookie policies of the other website that you choose to visit.
7.0 Access to and Updating Your Information
To update your information, you can call the customer care number 057 500 7000 or send an email to customercare@kiwasco.co.ke. You can change how we get in touch with you whenever you like.
8.0 Safeguarding and Protection of Information
KIWASCO has put in place technical and operational measures to ensure integrity and confidentiality of your data via controls around: information classification, access control, physical and environmental security and monitoring and compliance
9.0 International Data Transfers
From time to time, we may need to transfer your personal information outside the Republic of Kenya.
Where we send your information outside Kenya, we will make sure that your information is properly protected in accordance with the applicable Data Protection Laws.
10.0 Your Rights
You have rights under data protection laws in relation to your personal data. These include the right to access and request correction, erasure, or restriction of your personal data. Please contact us to exercise your rights.
- Right to be informed that we are collecting personal data about you;
- Right to access personal data that we hold about you and request for information about how we process it;
- Right to request that we correct your personal data where it is inaccurate or incomplete;
- Right to request that we erase your personal data noting that we may continue to retain your information if obligated by the law or entitled to do so;
- Right to object and withdraw your consent to processing of your personal data. We may continue to process if we have a legitimate or legal reason to do so
- Right to request restricted processing of your personal data noting that we may be entitled or legally obligated to continue processing your data and refuse your request;
- Right to request transfer of your personal data in [an electronic format].
If you wish to exercise any of the rights set out above, please contact us on info@kiwasco.co.ke.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests within reasonable time. Occasionally it coold take us longer if your request is particolarly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
11.0 How to Contact Us
If you woold like to contact us on any topics in this privacy policy, you can email us on info@kiwasco.co.k e or submit a request via our digital platforms.
As a Data Controller, below are the contact details of the officer incharge of KIWASCO’s Audit, Risk and Compliance:
Head of Department Audit, Risk and Compliance
info@kiwasco.co.k e
Kisumu Water and Sanitation Company Ltd
Tom Mboya along Nyerere Road Kisumu
P. O. Box 3210, 40100, Kisumu www.kiwasco.co.ke
12.0 Right to Lodge Complaint
You have the right to lodge a complaint with the relevant supervisory authority that is tasked with personal data protection within the Republic of Kenya.
13.0 Non-Compliance with this Statement
KIWASCO shall have the right to terminate any agreement with you for failure to comply with the provisions of this statement and reject any application for information contrary to this statement.
14.0 Amendments to this Statement
KIWASCO reserves the right to amend or modify this statement at any time. If KIWASCO amends this statement, You can access the most current version of the privacy statement by clicking this link www.kiwasco.co.ke so that you will always know how your personal information is being used or shared. Any amendment or modification to this statement will take effect from the date of notification on the KIWASCO website.
Statement Effective Date
1st May 2023