This Policy also sets out the purposes for which we process your personal information and your rights in respect of our processing of your personal information. This Policy will also inform you (amongst other things) of how you can request that we restrict processing, delete, update, rectify, or provide you with access to your personal information that is held by us.
This Policy is intended to assist you in making informed decisions when using our Services and/or to understand how your personal information may be processed as a result of using our Services. If you do not agree with this Policy, your choice is not to use our Services.
This Policy may change from time to time. Any changes we make to this Policy will be posted on our Website. We may also take any other steps to the extent required by applicable law, including notifying you and/or seeking your explicit consent to material changes.
Changes to this Policy are effective as of the stated “Last Updated” date. Other than where we have sought such explicit consent from you, your continued use of our Services after we make changes will constitute acceptance of, and agreement to be bound by, those changes, so please check the Policy periodically for any updates or changes.
1.1. The Nairobi Safari Club (including its affiliates) respects your privacy and is committed to protect the personal information of its guests, clients and other parties purchasing, using, accessing or interacting with our Services (“Users”) We believe that you have a right to know our practices regarding the information we collect when you visit, use, access and/or interact with us or our Services.
1.2. This Policy only applies to the use of your personal information obtained by us.
1.3. By purchasing, accessing, interacting with and/or using our Services you agree to the terms and conditions of this Policy, including to our collection, use, disclosure, processing, and retention of your personal information.
- Personal Information We Collect and Process
2.1. When you access, interact and/or use our Services, make an enquiry or a reservation, or as a result of your relationship with one or more of our staff or other guests or clients, we may ask you to provide certain personal information, which includes (without limitation) the following:
2.1.1. your name, date of birth, gender, country of origin, city of residence, passport and ID details, the name of the company you work for and your job title;
2.1.2. contact information for you and the company you work for (if different), emergency contact and next of kin, physical address, fax, phone number, email address and other contact details;
2.1.3. payment information (including payment method, debit/credit card, Mpesa, bank account and wire details), billing instructions and preferences (including to whom to direct invoices);
2.1.4. information you provide to us for the purposes of booking or attending meetings and events including dietary requirements, which may reveal information about your health or religious beliefs;
2.1.5. information you provide to us for the purposes of using our gym, pool and spa which may reveal information about your age, health and fitness levels;
2.1.6. details about your reservation such as arrival and departure time, and the purpose of your visit;
2.1.7. relevant information as required by regulatory bodies;
2.1.8. any other information that you provide to us as part of the provision of our Services to you; and
2.1.9. any other information that you provide to us not covered above.
2.2. In addition, we collect and process other information while you access, interact, browse, view or otherwise use our Website and Social Media Pages. For example, when you access, interact and/or use our Website and Social Media Pages, we gather, collect and record the information relating to such usage, such as your device information, geo-location information, IP address, device and connection information, browsing history and search history, web-log information, supplemental information obtained from third parties such as demographic and navigation data, user Global Unique Identifier, HTTP request data, user agent, IP, host, URL, country/continent from which a request was made, browser information, device/operating system/operating system version and other information concerning Users of our Website and Social Media Pages.
2.3. For Users and prospective Users, we also collect information to enable us to market our Services, which may be of interest to you. For this purpose, we collect name and contact details, other business information, such as job title and the company you work for, goods, products or services that interest or may interest you. Additional information may also be collected, such as events you attend and if you provide it to us, dietary preferences which may indicate data about your health or religious beliefs.
2.4. The Nairobi Safari Club engages and is also engaged by third-party entities. For more information on this, see the section in this Policy on Sharing Personal Information with Third Parties. If you are an individual whose personal information is processed by us or these third-party entities as a result of providing our Services to you or to such entities, we will process a variety of different personal information depending on the Services provided.
2.5. Please note that the above examples are non-exhaustive, which is reflective of the varied nature of the personal information we collect and process as a hotel providing our Services.
- How do we collect Personal Information?
3.1. You directly provide us with most of the information we collect. You do this for example by filling out reservation details, when you send us a message enquiring about our Services, when you procure our Services, when you enter into agreements with us for the provision of Services, when you complete guest profiles or provide us with information for the purpose of quotations or invoices, when you make payment, when you complete customer surveys as well as by posting and sharing additional information voluntarily.
3.3. We also collect information from third party vendors and/or partners and/or other commercially available sources such as data aggregators and public databases, who provide us data to supplement the information we collect about you.
- Legal Bases and Purpose for our Use and Processing of your Personal Information
4.1. We may use and process your personal information as justified by the following legal bases:
4.1.1. Consent: you have provided your consent for us to process your personal information for a specific purpose;
4.1.2. Contractual Necessity: the processing of your personal information is necessary to perform a contract or take steps to enter into a contract with you;
4.1.3. Legal Obligation: the processing is necessary to comply with a relevant legal obligation or regulatory obligation that we have; and/or
4.1.4. Legitimate Interest: the processing is necessary to support our legitimate interests as a business or a third party’s legitimate interest.
4.2. We will use and process your personal information for the following purposes:
4.2.1. to provide you with our Services which you have purchased, to verify your identify, to communicate with you about your use of the Services, to respond to your enquiries, to provide troubleshooting, to fulfil your requests, to make reservations and bookings, to inform you of the availability of the Services we provide, to bill you for our Services, to collect payments, to respond to complaints and inquiries, to provide technical support, and to provide other User services and support. Such type of processing is necessary for example to fulfil a contractual requirement or to enter into a contract to provide our Services to you, to help us develop and improve our Services to you, to personalise the Services we offer to you or to enhance your User experience.
4.2.2. to comply with our legal obligations as otherwise required or permitted by applicable laws and regulations including without limitation requirements to verify your details, comply with Anti-Money Laundering, Anti-Bribery, or similar obligations and comply with other risk and compliance measures such as maintaining regulatory insurance;
4.2.3. to comply with lawful requests by public authorities;
4.2.4. to enforce our legal rights;
4.2.5. to investigate and/or settle inquiries or disputes;
4.2.6. to comply with any applicable law, court order, other judicial process, law enforcement requests or the requirements of a regulator;
4.2.7. to enforce our agreements with you;
4.2.8. to protect the rights, property or safety of us or third parties, including our other guests and clients and Users of our Services;
4.2.9. to maintain appropriate business records;
4.2.10. to process business transaction data;
4.2.11. to ensure integrity, prevent fraud and maintain a safe and secure marketplace. For example, we use your information to track and prevent fraudulent activities and other misconduct, abuse, misuse or inappropriate activities, to monitor content integrity, conduct investigations and risk assessments, to verify or authenticate information provided by you, and to comply with applicable laws. We conduct certain behavioural analytics to achieve the above objectives and in limited cases, if we detect activity that we think poses a risk to the Nairobi Safari Club and the provision of our Services, other Users, our community, or third parties, automated processes may restrict or limit your ability to use our Services;
4.2.12. to prepare for marketing proposals to Users and identify potential business opportunities. Largely, this involves our collection and use of non-personal business information about current, former and prospective Users. However, we may also process limited personal information about individuals (name, current and former company, current and former title, contact information and similar information);
4.2.13. to better understand how you and others use our Services so that we can improve our Services, develop new features, tools, offerings, services and the like, and for other research and analytical purposes. We may use this information and the insights we have derived for marketing purposes or to make decisions about events and Services that may be of interest to Users and prospective Users;
4.2.14. to participate in industry surveys and reports, which guests and clients use to assess hotels and the hospitality industry. Largely, this involves our collection and use of non-personal business information about Users and our Services; or
4.2.15. to promote and advertise our Services. For example, we use the information collected from you for the purpose of sending direct marketing messages (as detailed below), to show you information that may be of interest to you, to organize and facilitate referrals or other promotional activities or events.
4.3. We will ask for your consent before using information for a purpose other than those set out in this Policy.
4.4. Direct marketing:
4.4.1. We use your personal information to send you direct marketing communications about our Services, or promotions from us that may be of interest to you or our related services. This may be via email, post, SMS, telephone or targeted online advertisements.
4.4.2. Processing of your personal information for marketing purposes is based on our legitimate interests as a business, although in some circumstances (as required by law) will be based on your consent. A User may prevent direct marketing of any form at any time if they wish. This can be exercised by following the opt-out link attached to each communication or by sending an email to email@example.com.
4.4.3. We take steps to limit direct marketing to a reasonable and proportionate level, and to send you communications which we believe may be of interest or relevance to you, based on the information we have about a User.
- How Long Do We Keep Your Personal Information?
5.1. The Nairobi Safari Club will retain a User’s personal information only for as long as is required to fulfil the purpose for which it was collected including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. However, in some circumstances we may retain your personal information for longer periods of time if for example (without limitation), it is necessary and relevant for our operations or so that we have an accurate record of your dealings with us in the event of any complaints or challenge or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
5.2. 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 information and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
5.3. Please note that if you delete your User Generated Content (UGC) from our Website, copies of your UGC may remain viewable in cached and archived pages or might have been copied or stored by other website users.
- Marketing to Minors or Use of our Website and Social Media Pages by Minors
6.1. Our Website and Social Media Pages are not intended for use by minors (people under 18 years of age). A minor should not provide any personal information to us or on our Website or Social Media Pages. We do not knowingly collect personal information from minors nor do we knowingly market our Services to minors. Parents and guardians should at all times supervise a minor’s activities.
6.2. If we learn we have collected or received personal information from a minor, we will delete that personal information. If you believe we might have any information from or about a minor, please contact us at firstname.lastname@example.org.
- Sharing Personal Information with Third Parties
7.1. The Nairobi Safari Club may provide your personal information to third party service providers and vendors in order to help facilitate various aspects of our operations, improve User experiences, drive revenue, operate our Website and Social Media Pages, provide our Services to a User, market our Services, fulfil obligations imposed on us by applicable laws and regulations, and prevent fraud and illegal activities.
7.2.As a result, we may share your information for example (without limitation) to the following third parties:
184.108.40.206. Online Travel Agents;
220.127.116.11. Global Distribution Systems;
18.104.22.168. Channel Management Providers;
22.214.171.124. Physical Booking and Travel Agents;
126.96.36.199. Tour Operators;
188.8.131.52. Certain e-commerce platforms for the sale, distribution and marketing of our Services to Users;
184.108.40.206. Marketing and Public Relations Firms;
220.127.116.11. Event Planners and Corporate Clients;
18.104.22.168. Review and Rating Sites;
22.214.171.124. Hotel Management Companies;
126.96.36.199. Property Management Systems providers;
188.8.131.52. Revenue Management Software providers;
184.108.40.206. Stock and Inventory Management Software providers;
220.127.116.11. Point of Sale Systems and Software providers;
18.104.22.168. Document and information storage providers;
22.214.171.124. Waste disposal service providers;
126.96.36.199. IT Service providers;
188.8.131.52. External consultants;
184.108.40.206. Other technical consultants;
220.127.116.11. Third party postal or courier providers who assist us in delivering our documents, products, goods or lost and found items to Users; and
18.104.22.168. Other third party service providers to whom we outsource services for the purpose of providing or improving our Services, assisting us with operating our systems, our Website, our Social Media Pages, our CRM systems, hosting our forums and for the purpose of providing client insight analytics, such as Google Analytics.
7.3. The Nairobi Safari Club does not sell or rent your personal information to such third parties for their marketing purposes and our contracts with these service providers and vendors do not permit use of your information for their own marketing purposes without your explicit consent. Consistent with applicable legal requirements, we take commercially reasonable steps to require third parties to adequately safeguard your personal information and only process it in accordance with legal and regulatory obligations.
7.4. We may also share personal information with the following categories of third parties as necessary:
7.4.1. Our professional advisers, such as lawyers, accountants and auditors; government and/or regulatory authorities; our insurers; tax authorities and/or corporate registries;
7.4.2. Law enforcement agencies, public authorities or other organisations for the following reasons:
22.214.171.124. in order to respond to a subpoena or court order, judicial process or to regulatory authorities;
126.96.36.199. if we believe we are required to do so by law, or that doing so is reasonably necessary to comply with legal processes;
188.8.131.52. when we believe it necessary or appropriate to disclose personal information to law enforcement authorities, such as to investigate actual or suspected fraud or violations of law, breaches of security, or breaches of this Policy;
184.108.40.206. to respond to claims against us; and
220.127.116.11. to protect the rights, property, or personal safety of the Nairobi Safari Club our Users, or the public.
7.4.3. Fraud detection agencies and similar third parties for the purpose of securing our Website and Social Media Pages and protecting them against fraud, unauthorized transactions (such as money laundering), claims or other liabilities; and
7.4.4. Our corporate affiliates that are related by common control for the purpose of operating our Website and Social Media Pages, providing our Services to you and for other purposes listed herein.
7.5. In addition, personal information regarding Users will also be disclosed in the event that we undergo a business transition such as a merger, sale, transfer of all or a portion of our assets, acquisition, bankruptcy or similar event. In the event that we sell any business or assets, we will be obligated to disclose personal information regarding Users to the prospective buyer. If Nairobi Safari Club or substantially all of our assets are acquired by a third party, personal information held by us about Users will be one of the transferred assets.
8. Where We Transfer Your Personal Information To
8.1. The Nairobi Safari Club is located in Kenya. When you submit personal information to us, or when others provide personal information to us, we will receive it and process it in Kenya.
8.2. In order to provide the Services, we may also need to transfer your personal information to locations in other jurisdictions.
8.3. Please note that transfers of personal information to other countries may be governed by the European Union General Data Regulation Protection (EU GDPR) and/or equivalent data transfer regulations that protect the security and confidentiality of personal information. However, transfers of personal information outside of Kenya may also be to countries that do not provide an adequate or equivalent level of protection for personal information.
8.4. Where personal information is transferred to locations outside of Kenya, we will take reasonably necessary measures to ensure that your personal information is treated securely and in accordance with this Policy.
8.5. If you are located in Kenya, by providing your personal information to us, you consent to this transfer, processing, and storage outside the jurisdiction of Kenya.
- External Links
9.1. Please note that our Website and Social Media Pages contain links to third party websites and social media pages and if you link to a third party website from our Website or a third party social media page from our Social Media Pages, any data you provide to those websites or social media pages and any use of that data by third parties are not under the control of Nairobi Safari Club and are not subject to this Policy. You should consult the privacy policies of each website or social media page you visit. This Policy applies solely to personal information collected by our Website and Social Media Pages.
- Confidentiality and Security of Your Personal Information
10.1. We are committed to keeping personal information secure and we have implemented appropriate information security policies, rules and technical measures to protect the personal information that we have under our control from unauthorized access, loss, misuse, alteration, destruction, or damage through industry standard technologies and internal procedures.
10.2. We contractually ensure that any third party processing your personal information equally provide for confidentiality and integrity of your data in a secure way.
10.3. However, the transmission of data via the internet is not completely secure, and although we will do our best to protect your personal information, we cannot guarantee the security of your data transmitted to our Website and our Social Media Pages. Any transmission is at your own risk. Once we have received your data, we will use strict procedures and security features to try to prevent unauthorized access.
10.4. Further information about our data security practices can be provided on request.
- Rights of Kenyan Users and Data Subjects
11.1. Under applicable Kenyan legislation as well as the EU GDPR, you have the following rights in respect of your personal information:
11.1.1. to obtain a copy of your personal information together with information about how and on what basis that personal information is processed;
11.1.2. to rectify inaccurate personal information;
11.1.3. to erase your personal information in limited circumstances where:
18.104.22.168. you believe that it is no longer necessary for us to hold your personal information;
22.214.171.124. we are processing your personal information on the basis of legitimate interests and you object to such processing, and we cannot demonstrate an overriding legitimate ground for the processing;
126.96.36.199. you have provided your personal information to us with your consent and you wish to withdraw your consent and there is no other ground under which we can process your personal information; and
188.8.131.52. you believe the personal information we hold about you is being unlawfully processed by us.
11.1.4. to restrict processing of your personal information where:
184.108.40.206. the accuracy of the personal information is contested;
220.127.116.11. the processing is unlawful but you object to the erasure of the personal information; and
18.104.22.168. we no longer require the personal information for the purposes for which it was collected, but it is required for the establishment, exercise or defence of a legal claim or you have objected to us processing your personal information based on our legitimate interests and we are considering your objection.
11.1.5. to challenge processing which we have justified on the basis of our legitimate interest;
11.1.6. to object to decisions which are based solely on automated processing or profiling;
11.1.7. where you have provided your personal information to us with your consent, to ask us for a copy of this data in a structured, machine-readable format and to ask us to share this data to another data controller; or
11.1.8. to obtain a copy of or access to safeguards under which your personal information is transferred outside of Kenya.
11.2. In addition to the above, you have the right to lodge a complaint with a supervisory authority within Kenya for data protection.
11.3. We will ask you for additional data to confirm your identity and for security purposes, before disclosing data requested to you. We reserve the right to charge a fee where permitted by law. We will decline to process requests that jeopardize the privacy of others, are extremely impractical, or would cause us to take any action that is not permissible under applicable laws. Additionally, as permitted by applicable laws, we will retain where necessary certain personal information for a limited period of time for record-keeping, accounting and fraud prevention purposes.
- Updating or Deleting Your Personal Information
12.1. We take steps to ensure that the personal information we collect is accurate and up to date. In the event that you believe your information is in any way incorrect or inaccurate, please let us know immediately via email@example.com. We will make sure we investigate the matter and correct any inaccuracies as quickly as possible where necessary or give you ways to update it quickly or to delete it – unless we have to keep that information for legitimate business or legal purposes.
12.2. When updating your personal information, we will ask you to verify your identity before we can act on your request.
12.3. If for any reason you wish to delete your personal information, please contact us via firstname.lastname@example.org and we will make reasonable efforts to delete any such information pursuant to any applicable privacy laws.
- Contact Us
13.1. To exercise any of your rights in connection with your personal information, we kindly ask that you contact us on email@example.com. Please include all the relevant details, so your concern can be handled correctly. We will process any requests in line with any local laws and our policies and procedures.
13.2. If you have any questions (or comments) concerning this Policy, please email our team at firstname.lastname@example.org, and we will make an effort to reply within a reasonable timeframe.