E.N. Kihungu & Co. Advocates LLP ("the Firm", "we", "us", or "our") is committed to protecting the privacy and personal information of our clients, website visitors, and other individuals who interact with us. This Privacy Policy explains how we collect, use, store, and protect your personal information in accordance with the Data Protection Act, 2019 (the "Act") and the regulations made thereunder.
1. Information We Collect
We may collect and process the following categories of personal information:
- Identity Information: Full name, title, date of birth, national identification number or passport details (where required for legal proceedings or regulatory compliance).
- Contact Information: Email address, telephone number, postal address, and physical address.
- Professional Information: Company name, job title, industry sector, and professional affiliations.
- Communication Data: Records of correspondence between you and the Firm, including emails, letters, and records of telephone conversations.
- Website Usage Data: IP address, browser type, operating system, pages visited, time spent on our website, and referring URLs, collected through cookies and similar technologies.
- Engagement Information: Details related to the legal services we provide to you, including matter details, instructions, documents, and case-related information.
2. How We Collect Information
We collect personal information through the following means:
- Directly from you when you contact us, instruct us, complete forms on our website, or subscribe to our newsletter.
- From third parties, including opposing parties, courts, regulatory bodies, and other professional advisors acting on your behalf or in connection with your matter.
- Automatically through our website via cookies and similar tracking technologies.
- From publicly available sources, including company registries, court records, and regulatory filings.
3. Purpose of Processing
We process your personal information for the following purposes:
- To provide legal services and advice to our clients.
- To communicate with you regarding our services, your enquiries, or your legal matters.
- To comply with our professional and regulatory obligations, including conflict of interest checks, anti-money laundering requirements, and reporting obligations.
- To manage our business operations, including billing, accounting, and internal administration.
- To send you legal updates, newsletters, and marketing communications (where you have consented to receive them).
- To improve our website and user experience through analytics.
- To establish, exercise, or defend legal claims.
4. Legal Basis for Processing
We process your personal information on the following legal bases as provided under the Act:
- Consent: Where you have given us your explicit consent to process your personal information for a specific purpose, such as receiving our newsletter.
- Contract: Where processing is necessary for the performance of a contract between you and the Firm, or to take steps at your request prior to entering into a contract.
- Legal Obligation: Where processing is necessary for compliance with a legal obligation to which the Firm is subject.
- Legitimate Interest: Where processing is necessary for the legitimate interests of the Firm, provided that such interests are not overridden by your rights and freedoms.
5. Data Sharing
We may share your personal information with the following categories of recipients:
- Courts, tribunals, and regulatory authorities where required in connection with legal proceedings or regulatory obligations.
- Other professional advisors (such as auditors, tax advisors, or financial advisors) engaged in connection with your matter, with your knowledge.
- Service providers who assist us in operating our business, including IT service providers, cloud storage providers, and website hosting services, subject to appropriate data processing agreements.
- Opposing parties and their legal representatives, where necessary in the course of legal proceedings or negotiations.
We do not sell, rent, or trade your personal information to third parties for marketing purposes.
6. Data Retention
We retain your personal information for as long as is necessary for the purposes for which it was collected, including to satisfy any legal, regulatory, accounting, or reporting requirements. For client matter files, we typically retain records for a minimum period of seven (7) years following the conclusion of the matter, or longer where required by law or professional regulations.
7. Data Security
We implement appropriate technical and organisational measures to protect your personal information against unauthorised access, alteration, disclosure, or destruction. These measures include secure server infrastructure, encryption of data in transit, access controls, and regular security reviews. However, no method of transmission over the internet or method of electronic storage is completely secure, and we cannot guarantee absolute security.
8. Your Rights
Under the Data Protection Act, 2019, you have the following rights in relation to your personal information:
- Right of Access: You have the right to request a copy of the personal information we hold about you.
- Right to Rectification: You have the right to request that we correct any inaccurate or incomplete personal information.
- Right to Erasure: You have the right to request that we delete your personal information, subject to our legal and regulatory obligations.
- Right to Restrict Processing: You have the right to request that we restrict the processing of your personal information in certain circumstances.
- Right to Data Portability: You have the right to request that we provide your personal information in a structured, commonly used, and machine-readable format.
- Right to Object: You have the right to object to the processing of your personal information for direct marketing purposes.
- Right to Withdraw Consent: Where we process your personal information based on your consent, you have the right to withdraw that consent at any time.
To exercise any of these rights, please contact us using the details set out below.
9. Cookies
Our website uses cookies and similar technologies to enhance your browsing experience, analyse website traffic, and understand how visitors interact with our website. You can manage your cookie preferences through your browser settings. Please note that disabling certain cookies may affect the functionality of our website.
10. Third-Party Links
Our website may contain links to third-party websites. We are not responsible for the privacy practices or content of those websites. We encourage you to review the privacy policies of any third-party websites you visit.
11. Changes to This Policy
We may update this Privacy Policy from time to time to reflect changes in our practices, legal requirements, or regulatory guidance. Any changes will be posted on this page with an updated effective date. We encourage you to review this policy periodically.
12. Contact Us
If you have any questions about this Privacy Policy, wish to exercise your data protection rights, or have any concerns about how we process your personal information, please contact us at:
E.N. Kihungu & Co. Advocates LLP
Nairobi, Kenya
Email: info@enkihunguadvocates.com
Phone: +254 789 958 251
You also have the right to lodge a complaint with the Office of the Data Protection Commissioner (ODPC) if you believe that your data protection rights have been violated.