At Barvic Digital Skills Hub, operated by Barvic Solutions Limited ("Company", "we", "us", or "our"), we are committed to protecting your privacy and safeguarding your personal data. This Privacy Policy explains how we collect, use, disclose, and protect your information when you visit our website, use our services, or interact with us. This policy is designed to comply with the Kenya Data Protection Act, 2019, the General Data Protection Regulation (GDPR), and other applicable data protection laws.

Definitions

"Personal Data" means any information relating to an identified or identifiable natural person.

"Processing" means any operation performed on Personal Data, including collection, storage, use, and disclosure.

"Data Subject" means the individual to whom Personal Data relates.

"Data Controller" means Barvic Solutions Limited, which determines the purposes and means of Processing Personal Data.

"Data Processor" means a third party that Processes Personal Data on behalf of the Data Controller.

1. Information We Collect

We may collect the following types of information:

a. Personal Information: This includes your name, email address, phone number, username, password, date of birth, gender, and other identifiable information when you create an account, fill out forms, or engage with our services.

b. Educational Data: Information about your learning progress, course enrollments, assessments, certificates earned, badges, and educational achievements.

c. Usage Data: We collect information about how you access and use our website, including your IP address, browser type, pages visited, time and date of visits, duration of visits, interactions with our content, and referral URLs.

d. Device Information: Information about the device you use to access our services, including hardware model, operating system, unique device identifiers, and mobile network information.

e. Cookies and Tracking Technologies: Our website uses cookies and similar tracking technologies to enhance your experience, analyze usage patterns, and provide personalized content. You can manage your cookie preferences through your browser settings.

f. Communications: Records of your communications with us, including emails, chat messages, support tickets, and feedback.

g. Payment Information: When you make a purchase, we collect payment information, which is processed by our third-party payment processors. We do not store full payment card details on our servers.

2. Legal Basis for Processing

We process your Personal Data on the following legal bases:

a. Consent: You have given us consent to process your Personal Data for specific purposes, such as direct marketing.

b. Contract: Processing is necessary for the performance of a contract with you, such as providing access to our courses.

c. Legal Obligation: Processing is necessary for compliance with a legal obligation to which we are subject.

d. Legitimate Interests: Processing is necessary for our legitimate business interests, such as improving our services, provided your rights and interests do not override those interests.

3. Consent to Collection and Processing

3.1 Your Consent: By using our Platform, creating an account, or providing your Personal Data, you consent to the collection, processing, storage, and transfer of your Personal Data in accordance with this Privacy Policy.

3.2 Withdrawal of Consent: You may withdraw your consent at any time by contacting us at info@barvicsolutions.com. Withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.

3.3 Explicit Consent: For certain processing activities, such as direct marketing, we will obtain your explicit, opt-in consent.

4. How We Use Your Information

We may use the information we collect for various purposes, including:

a. To create and manage your account and provide our services.

b. To personalize your learning experience and recommend relevant courses.

c. To process payments and manage transactions.

d. To issue certificates and badges for completed courses.

e. To communicate with you, including sending service updates, notifications, and promotional materials (with your consent).

f. To provide customer support and respond to your inquiries.

g. To monitor and analyze usage trends to improve our services.

h. To detect, prevent, and address technical issues, fraud, and security incidents.

i. To comply with legal obligations and enforce our Terms and Conditions.

j. To conduct research and analysis to improve our educational offerings.

k. To send you surveys and feedback requests to improve our services.

5. Direct Marketing and Opt-Out

5.1 Marketing Communications: With your explicit consent, we may send you newsletters, promotional offers, and other marketing communications.

5.2 Opt-Out: You can opt out of receiving marketing communications at any time by:

a. Clicking the "unsubscribe" link in any marketing email;

b. Updating your email preferences in your account settings;

c. Contacting us directly at info@barvicsolutions.com.

5.3 Service Communications: We may still send you non-marketing communications, such as service updates, security alerts, and account information, which are necessary for the use of our services.

6. Disclosure of Your Information

We do not sell, trade, or otherwise transfer your personal information to third parties without your consent, except in the following circumstances:

a. Service Providers: We may employ third-party companies and individuals to facilitate our services, process payments, provide support services, or perform analytics. These third parties have access to your personal information only to perform these tasks on our behalf and are contractually obligated to protect it.

b. Payment Processors: We use third-party payment processors to handle payments. Your payment information is processed in accordance with their privacy policies and security standards.

c. Educational Partners: We may share your progress and achievements with partner institutions or employers with your explicit consent.

d. Legal Requirements: We may disclose your personal information if required to do so by law or in response to valid requests by public authorities (e.g., a court or government agency).

e. Business Transfers: In the event of a merger, acquisition, or sale of assets, your personal information may be transferred to the new entity, subject to this Privacy Policy.

f. Protection of Rights: We may disclose information to protect our rights, property, or safety, or that of our users or the public.

7. Third-Party Data Sharing (Vendors)

We share your Personal Data with the following categories of third-party vendors:

a. Payment Processors: [Name of Payment Processor] - for processing payments.

b. Video Conferencing: BigBlueButton - for live online classes.

c. Email Service Providers: [Name of Email Service Provider] - for sending communications.

d. Analytics Providers: Google Analytics - for website usage analysis.

e. Cloud Service Providers: [Name of Cloud Provider] - for hosting and data storage.

We ensure that all third-party vendors are contractually obligated to protect your Personal Data and comply with applicable data protection laws.

8. Analytics and Tracking

8.1 Google Analytics: We use Google Analytics to analyze website traffic and user behavior. Google Analytics collects information such as your IP address, browser type, and pages visited. This information is anonymized and used for statistical analysis.

8.2 Facebook Pixel: We may use Facebook Pixel to track conversions and target advertisements. Facebook Pixel collects information about your interactions with our website and may use cookies.

8.3 Opt-Out: You can opt out of Google Analytics tracking by installing the Google Analytics Opt-Out Browser Add-on. You can also manage your cookie preferences in your browser settings.

9. Social Media Features and Social Login

9.1 Social Login: We may offer the ability to register or log in using your social media accounts (e.g., Google, Facebook). When you use social login, we receive your name, email address, and public profile information from the social media platform.

9.2 Social Sharing: We may include social sharing buttons that allow you to share content from our Platform on social media platforms. These features may collect your IP address and which page you are visiting on our website.

9.3 Social Media Platforms: When you use social media features, you are subject to the privacy policies of those social media platforms. We encourage you to review their privacy policies.

10. Public Forums and Community Features

10.1 Community Forums: Our Platform may include discussion forums, comment sections, and other community features. Any information you post in these public areas is publicly visible and may be read, collected, or used by other users.

10.2 Caution: We encourage you to exercise caution when sharing personal information in public forums. We are not responsible for the privacy practices of other users.

10.3 Moderation: We reserve the right to moderate, edit, or remove any content posted in public forums that violates our Terms and Conditions or community guidelines.

11. Sensitive Data

We do not collect sensitive data, such as race, ethnic origin, political opinions, religious beliefs, trade union membership, genetic data, biometric data, health data, or sex life data. We ask that you do not provide us with such information through our Platform.

12. Data Minimization

We collect only the minimum amount of Personal Data necessary for the purposes described in this Privacy Policy. We do not collect data that is excessive or irrelevant to our services.

13. Third-Party Data Collection

We may receive information about you from third-party sources, including:

a. Social Media Platforms: If you use social login, we receive your name and email address.

b. Business Partners: We may receive information from partners who refer you to our Platform.

c. Public Sources: We may collect information from publicly available sources.

14. Service Providers (Data Processors)

We engage the following Data Processors to process Personal Data on our behalf:

a. BigBlueButton: Video conferencing for live classes.

b. Payment Processors: For processing payments securely.

c. Email Service Providers: For sending communications.

d. Cloud Hosting Providers: For hosting and data storage.

e. Analytics Providers: For usage analysis.

All Data Processors are bound by appropriate Data Processing Agreements and comply with applicable data protection laws.

15. Data Transfers

Your Personal Data may be transferred to and processed in countries outside of Kenya. When we transfer your data internationally, we ensure appropriate safeguards are in place, such as:

a. Transfers to countries that have adequate data protection laws;

b. Use of standard contractual clauses approved by the relevant data protection authorities;

c. Your explicit consent to the transfer.

16. Data Retention

16.1 Retention Period: We retain your Personal Data for as long as necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law.

16.2 Criteria for Retention: We determine retention periods based on the following criteria:

a. The duration of your relationship with us;

b. Legal and regulatory requirements;

c. The necessity of the data for legitimate business purposes.

16.3 Deletion: Upon request, we will delete or anonymize your Personal Data, subject to legal requirements and legitimate business interests.

17. Data Security

The security of your personal information is important to us. We implement and maintain reasonable technical, administrative, and physical security measures appropriate to the nature of the information we store to protect it from unauthorized access, destruction, use, modification, or disclosure. These measures include:

a. Encryption of data in transit and at rest;

b. Access controls to limit who can access your data;

c. Regular security assessments and vulnerability testing;

d. Employee training on data protection and security;

e. Incident response and breach notification procedures.

However, please note that no method of transmission over the internet or electronic storage is 100% secure, and we cannot guarantee absolute security.

18. Your Rights

Under the Kenya Data Protection Act, 2019, you have the following rights regarding your personal information:

a. Right to Access: You have the right to request access to your Personal Data and obtain a copy of the information we hold about you.

b. Right to Rectification: You have the right to request that we correct any inaccurate or incomplete Personal Data.

c. Right to Erasure ("Right to be Forgotten"): You have the right to request the deletion of your Personal Data, subject to legal obligations and legitimate business interests.

d. Right to Restriction of Processing: You have the right to request that we restrict the processing of your Personal Data in certain circumstances.

e. Right to Data Portability: You have the right to receive your Personal Data in a structured, commonly used, and machine-readable format.

f. Right to Object: You have the right to object to the processing of your Personal Data for direct marketing purposes or processing based on legitimate interests.

g. Right to Withdraw Consent: You have the right to withdraw your consent at any time where we rely on your consent to process your Personal Data.

h. Right to Lodge a Complaint: You have the right to lodge a complaint with the Office of the Data Protection Commissioner (ODPC) in Kenya or the relevant data protection authority in your jurisdiction.

To exercise these rights, please contact us using the contact information provided below.

19. Complaint Handling Process

19.1 Internal Complaint Procedure: If you have a complaint about how we handle your Personal Data, please contact us at complaints@barvicsolutions.com. We will investigate your complaint and respond within thirty (30) days.

19.2 Escalation: If you are not satisfied with our response, you have the right to escalate your complaint to the Office of the Data Protection Commissioner (ODPC) at www.odpc.go.ke.

20. Data Protection Officer (DPO)

We have appointed a Data Protection Officer to oversee our data protection practices. You can contact our DPO at:

DPO Name: [Name of DPO]

Email: dpo@barvicsolutions.com

21. Children's Privacy

21.1 Age Requirement: We do not knowingly collect Personal Data from children under the age of 13. If you are under 13, you must have parental or guardian consent to use our services.

21.2 Verification: If we become aware that we have collected Personal Data from a child without parental consent, we will take steps to delete that information.

21.3 Parental Rights: If you are a parent or guardian and you believe your child has provided us with Personal Data, please contact us immediately.

22. Cookies and Tracking Technologies

22.1 Types of Cookies: We use the following types of cookies:

a. Essential Cookies: Necessary for the basic functioning of our website.

b. Performance Cookies: Collect information about how visitors use our website.

c. Functional Cookies: Remember your preferences and settings.

d. Marketing Cookies: Deliver relevant advertisements and track campaign performance.

22.2 Managing Cookies: You can manage or disable cookies through your browser settings. Please note that disabling certain cookies may affect the functionality of our website.

23. Third-Party Links and Services

Our website may contain links to third-party websites that are not operated by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party sites. We encourage you to review the privacy policy of any site you visit.

24. Automated Decision-Making

We do not engage in automated decision-making or profiling that produces legal or similarly significant effects on you. However, we may use automated systems to personalize your learning experience and recommend relevant content.

25. Changes to This Privacy Policy

25.1 Notification of Changes: We reserve the right to update, modify, or amend this Privacy Policy at any time. If we make material changes, we will provide notice by updating this page and revising the "Last Updated" date at the top.

25.2 Material Changes: For material changes, we may provide additional notice via email or through our website.

25.3 Continuing Use: Your continued use of our services after any changes constitutes your acceptance of the updated Privacy Policy. If you do not agree with the changes, you must stop using our services.

26. Compliance with Kenya Data Protection Act, 2019

We are committed to full compliance with the Kenya Data Protection Act, 2019. This includes:

a. Registering with the Office of the Data Protection Commissioner (ODPC) as a Data Controller.

b. Maintaining a record of processing activities.

c. Conducting Data Protection Impact Assessments (DPIAs) for high-risk processing activities.

d. Appointing a Data Protection Officer (DPO) as required.

e. Reporting data breaches to the ODPC within 72 hours of becoming aware of the breach.

f. Ensuring data subjects' rights are respected and enforced.

g. Ensuring adequate safeguards for international data transfers.

27. Data Breach Notification

In the event of a data breach that poses a risk to your rights and freedoms, we will:

a. Notify the Office of the Data Protection Commissioner within 72 hours of becoming aware of the breach.

b. Notify you without undue delay if the breach is likely to result in a high risk to your rights and freedoms.

c. Provide details of the breach, its potential impact, and the measures taken to address it.

28. Your California Privacy Rights (CCPA)

28.1 CCPA Rights: If you are a California resident, you have the right to:

a. Know what personal information we collect about you and how we use it;

b. Request deletion of your personal information;

c. Request disclosure of the categories and specific pieces of personal information we have collected;

d. Request disclosure of the categories of personal information sold or shared and the categories of third parties with whom we share it.

28.2 Do Not Sell My Info: We do not sell your personal information. However, you have the right to opt out of the sale of your personal information.

28.3 Exercising Your Rights: To exercise your rights under the CCPA, please contact us at info@barvicsolutions.com.

29. GDPR Rights (For EU Users)

If you are a resident of the European Union, you have the following rights under the General Data Protection Regulation (GDPR):

a. The right to access, rectify, or erase your personal data;

b. The right to data portability;

c. The right to object to processing;

d. The right to restrict processing;

e. The right to withdraw consent;

f. The right to lodge a complaint with a supervisory authority.

30. Consent to Electronic Communications

By using our services, you consent to receive electronic communications from us, including emails, notifications, and messages related to your account, courses, and promotional offers (with your consent). You can opt out of marketing communications at any time by clicking the unsubscribe link in our emails or contacting us.

31. Insurance Liability

We maintain appropriate insurance coverage, including cyber liability insurance, to protect against data breaches and privacy-related incidents. This insurance helps cover costs associated with data breaches, including notification costs, legal fees, and regulatory fines.

32. Contact Us

If you have any questions, concerns, or comments about this Privacy Policy, wish to exercise your data subject rights, or have any data protection concerns, please contact us:

Company Name: Barvic Solutions Limited

Platform: Barvic Digital Skills Hub

Email: info@barvicsolutions.com

Data Protection Officer (DPO): dpo@barvicsolutions.com

Complaints: complaints@barvicsolutions.com

Phone Number: +254 - 759 - 400 - 100

Physical Address: Harrison House, Third Ngong Avenue, Upper Hill, Nairobi, Kenya

Postal Address: P.O. Box 12345-00100, Nairobi, Kenya

Office of the Data Protection Commissioner (ODPC): www.odpc.go.ke

Last Updated: January 1st, 2024