BWASCO Privacy Statement

1 Introduction

Your privacy is important to us. This privacy statement explains the personal data BWASCO Water and Sewerage PLC (“BWASCO”) collects, how BWASCO processes it, and for what purposes.

This statement should be read together with the Terms and Conditions of Use for other BWASCO services. Where there is a conflict, this statement will prevail.

This statement applies to all customers, suppliers, agents, consultants, partners and all visitors frequenting any BWASCO premises.

2 Definitions

2.1 “You” means:

• Customer – the person who subscribes to, uses our services or accesses our websites, including any person who accesses services you have subscribed to.
• Any agent, partner and consultant who has signed an agreement with us and is recognized as such in accordance with applicable laws or regulations.
• Any visitor, including contractors, subcontractors or third parties, who gains access to any BWASCO premises.
• Any supplier who has been contracted by BWASCO and executed a supplier contract.

2.2 “BWASCO”, “we”, “us” and “our”

Refers to BWASCO Water and Sewerage PLC.

The word “includes” means that what follows is not necessarily exhaustive and therefore the examples given are not the only things or situations included in the meaning or explanation of that text.

3 Policy Statement Details

3.1 Data Collection

We collect your personal information with your knowledge and consent when you do any of the following. This list is not exhaustive:

We may also collect information when you interact with us as a supplier, agent, contractor or consultant, and when you visit any of our premises.

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:

• Your identity: name, KRA PIN number, identification document number, email address, phone number, postal address and location.
• Alternative contact information: name, postal address, area code, phone number and identification document.
• Supply details: region, plot number, house number, floor number, meter number and street.
• Survey information: name, family details, age, profiling information such as level of education, income brackets and other information collected as part of surveys conducted by BWASCO or its agents/consultants.
• Contact information: information arising from calls, social media, call centre and email interactions.
• Visitor information: 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:

1. Processing services that you have applied for from BWASCO.
2. Billing you for using our products or services.
3. Responding to your queries or concerns.
4. Verifying your identity information through publicly available and/or restricted government databases to comply with applicable regulatory requirements.
5. Passing out information including disruption of water supply and changes to tariff.
6. Complying with legal, governmental or regulatory requirements or assisting our lawyers in connection with legal proceedings.
7. Business practices including quality control, training and ensuring effective systems operations.
8. Preventing and detecting fraud or other crimes.
9. Research, statistical, survey and other scientific or business purposes.
10. Administering our online platforms and websites.

3.4 Data Categories

Categories of personal data as defined under the Data Protection Act of Kenya may be processed depending on the types of products and services you have subscribed to.

3.5 Lawful Bases for Processing Data

We will process your personal information based on any of the lawful bases provided under data protection law:

3.6 Retention of Data

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes for which it was collected, including satisfying 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 of our relationship with you.

To determine the appropriate retention period, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure, the purposes for which we process the information, whether those purposes can be achieved through other means, internal policy requirements and applicable legal, regulatory, tax, accounting and other requirements.

Anonymized information that can no longer be associated with you may be held indefinitely.

4 Disclosure of Data

Any disclosure of your information shall be in accordance with applicable law and regulations. BWASCO shall assess and review each application for information and may decline to grant such information to the requesting party.

We may disclose your information to:

• Law-enforcement agencies, regulatory authorities, courts or other statutory authorities where there is an appropriate lawful mandate.
• Associates, partners, software developers or agents involved in delivering BWASCO services you use.
• Fraud prevention and anti-money laundering agencies and credit-reference agencies.
• Publicly available and/or restricted government databases to verify identity information for regulatory requirements.
• Debt-collection agencies or other debt-recovery organizations.
• Survey agencies conducting surveys on behalf of BWASCO.
• Any other person that we deem legitimately necessary to share the data with.

We shall not release any information to any individual or entity that is acting beyond its legal mandate.

We will obtain your express consent before sharing your personal data with any third party for direct marketing purposes.

5 Use of Cookies

We may store some information using “cookies” on your computer when you visit our websites. This enables us to recognize 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, the pages you browsed and whether the pages have been delivered successfully.

6 Use of Hyperlinks

Our websites may provide hyperlinks to other locations or websites on the Internet. These hyperlinks lead to websites published or operated by third parties that are not affiliated with or related to us. They are included to enhance your user experience and are presented for information purposes only.

We do not endorse, recommend, approve or guarantee third-party products and services by providing hyperlinks to external websites or webpages unless otherwise disclosed.

We are not responsible for the content of any externally linked website or webpage.

By clicking on a hyperlink, you will leave the BWASCO webpage and become subject to the terms of use, privacy and cookie policies of the other website you choose to visit.

7 Access to and Updating Your Information

To update your information, send an email to in**@*******co.ke. You can change how we get in touch with you whenever you like.

8 Safeguarding and Protection of Information

BWASCO has put in place technical and operational measures to ensure the integrity and confidentiality of your data through controls around:

These measures are supported through monitoring and compliance controls.

9 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 applicable Data Protection Laws.

10 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.

If you wish to exercise any of the rights set out above, please contact us at in**@*******co.ke.

We may need to request specific information from you to help confirm your identity and ensure that your personal data is not disclosed to a person who has no right to receive it.

We may also contact you for further information relating to your request to speed up our response.

We try to respond to all legitimate requests within reasonable time. Occasionally, it may take longer where a request is particularly complex or where you have made a number of requests. In such circumstances, we will notify you and keep you updated.

11 How to Contact Us

12 Right to Lodge a 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 Non-Compliance with this Statement

BWASCO 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 Amendments to this Statement

BWASCO reserves the right to amend or modify this statement at any time.

If BWASCO amends this statement, you can access the most current version of the privacy statement through the BWASCO website 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 BWASCO website.