1.     INTRODUCTION

This Data Protection Notice (“Notice”) sets out the basis which Standard Investment Bank Limited (“we”, “us”, or “our”) may collect, use, disclose or otherwise process personal data of our customers in accordance with the Data Protection General Regulations, 2021. This Notice applies to personal data in our possession or under our control, including personal data in the possession of organizations which we have engaged to collect, use, disclose or process personal data for our purposes.

2. APPLICATION OF THIS NOTICE

This Notice applies to all investors and stakeholders engaged in a contractual relationship with us, including those with equity interests, financial commitments, or strategic partnerships (collectively referred to as “investors”). All references to “investment” shall apply equally to financial contributions, shareholder agreements, and related engagements, as may be applicable.

3     PERSONAL DATA

As used in this Notice:

“Customer” means an individual who (a) has contacted us through any means to find out more about any goods or services we provide, or (b) may, or has, entered into a contract with us for the supply of any goods or services by us; and

“Personal data” means data, whether true or not, about a customer who can be identified: (a) from that data; or (b) from that data and other information to which we have or are likely to have access.

Depending on the nature of your interaction with us, some examples of personal data which we may collect from you include name, residential address, email address and date of birth.

Other terms used in this Notice shall have the meanings given to them in the DATA PROTECTION GENERAL REGULATIONS, 2021 (where the context so permits).

4     COLLECTION, USE AND DISCLOSURE OF PERSONAL DATA

We generally do not collect your personal data unless (a) it is provided to us voluntarily by you directly or via a third party who has been duly authorized by you to disclose your personal data to us (your “authorized representative”) after (i) you (or your authorized representative) have been notified of the purposes for which the data is collected, and (ii) you (or your authorized representative) have provided written consent to the collection and usage of your personal data for those purposes, or (b) collection and use of personal data without consent is permitted or required by the DATA PROTECTION GENERAL REGULATIONS, 2021 or other laws. We shall seek your consent before collecting any additional personal data and before using your personal data for a purpose which has not been notified to you (except where permitted or authorized by law).

We may collect and use your personal data for any or all of the following purposes:

• performing obligations in the course of or in connection with our provision of the goods and/or services requested by you;
• verifying your identity;
• responding to, handling, and processing queries, requests, applications, complaints, and feedback from you;
• managing your relationship with us;
• processing payment or credit transactions;
• complying with any applicable laws, regulations, codes of practice, guidelines, or rules, or to assist in law enforcement and investigations conducted by any governmental and/or regulatory authority;
• any other purposes for which you have provided the information;
• transmitting to any unaffiliated third parties including our third-party service providers and agents, and relevant governmental and/or regulatory authorities, whether in Kenya or abroad, for the aforementioned purposes; and
• any other incidental business purposes related to or in connection with the above.

We may disclose your personal data:

• where such disclosure is required for performing obligations in the course of or in connection with our provision of the goods and services requested by you; or
• to third party service providers, agents and other organisations we have engaged to perform any of the functions with reference to the above-mentioned purposes.

5     WITHDRAWING YOUR CONSENT

The consent that you provide for the collection, use and disclosure of your personal data will remain valid until such time it is being withdrawn by you in writing. You may withdraw consent and request us to stop collecting, using and/or disclosing your personal data for any or all of the purposes listed above by submitting your request in writing or via email to our Data Protection Officer at the contact details provided below.

Upon receipt of your written request to withdraw your consent, we may require reasonable time (depending on the complexity of the request and its impact on our relationship with you) for your request to be processed and for us to notify you of the consequences of us acceding to the same, including any legal consequences which may affect your rights and liabilities to us. In general, we shall seek to process your request within thirty (30) business days of receiving it.

Whilst we respect your decision to withdraw your consent, please note that depending on the nature and scope of your request, we may not be in a position to continue providing our goods or services to you and we shall, in such circumstances, notify you before completing the processing of your request. Should you decide to cancel your withdrawal of consent, please inform us in writing.

Please note that withdrawing consent does not affect our right to continue to collect, use and disclose personal data where such collection, use and disclose without consent is permitted or required under applicable laws.

6     ACCESS TO AND CORRECTION OF PERSONAL DATA

If you wish to make (a) an access request for access to a copy of the personal data which we hold about you or information about the ways in which we use or disclose your personal data, or (b) a correction request to correct or update any of your personal data which we hold about you, you may submit your request in writing or via email to our Data Protection Officer at the contact details provided below.

Please note that a reasonable fee may be charged for an access request. If so, we will inform you of the fee before processing your request.

We will respond to your request as soon as reasonably possible. In general, our response will be within thirty (30) business days. Should we not be able to respond to your request within thirty (30) days after receiving your request, we will inform you in writing within thirty (30) days of the time by which we will be able to respond to your request. If we are unable to provide you with any personal data or to make a correction requested by you, we shall generally inform you of the reasons why we are unable to do so (except where we are not required to do so under the DATA PROTECTION GENERAL REGULATIONS, 2021).

7     PROTECTION OF PERSONAL DATA

To safeguard your personal data from unauthorized access, collection, use, disclosure, copying, modification, disposal or similar risks, we have introduced appropriate administrative, physical and technical measures such as up-to-date antivirus protection, encryption, use of privacy filters, and disclosing personal data both internally and to our authorized third-party service providers and agents only on a need-to-know basis.

We implement measures such as pseudonymisation and encryption of personal data in order to ensure a level of security which is appropriate to the risk. Some information is stored in such a form that could not be used to identify you directly. Your password is stored in a secure, cryptographically hashed state. Your personal data is stored on protected servers. Our Services have SSL certificates which represent Internet security protocols – they provide additional guarantee for the safe use of our Services. The servers and the access to your personal data is strictly controlled and limited solely to a limited number of people.

In case of personal data breach, We will undertake every possible action in an appropriate and timely manner, to avoid any material or non-material damage to the data subjects. Breaches in the security may include identity theft, identity fraud, limitation of rights, unauthorised access to your account, loss of confidentiality of personal data, etc. We have undertaken measures to ensure the ability to restore the availability and access to personal data in a timely manner in the event of physical or technical incident. As soon as the controller becomes aware of the breach, Users and the competent authorities will be notified immediately. You may be asked to follow certain instructions for prevention of breaches including but not limited to password change.

You should be aware, however, that no method of transmission over the internet or method of electronic storage is completely secure. While security cannot be guaranteed, we strive to protect the security of your information and are constantly reviewing and enhancing our information security measures.

8     ACCURACY OF PERSONAL DATA

We generally rely on personal data provided by you (or your authorized representative). In order to ensure that your personal data is current, complete and accurate, please update us if there are changes to your personal data by informing our Data Protection Officer in writing or via email at the contact details provided below.

9     RETENTION OF PERSONAL DATA

We may retain your personal data for as long as it is necessary to fulfil the purpose for which it was collected, or as required or permitted by applicable laws.

We will cease to retain your personal data or remove the means by which the data can be associated with you, as soon as it is reasonable to assume that such retention no longer serves the purpose for which the personal data was collected and is no longer necessary for legal or business purposes.

10 TRANSFERS OF PERSONAL DATA OUTSIDE OF KENYA

We will transfer personal data outside Kenya only under the following conditions:

1. There is verifiable evidence of appropriate security and protection measures for the personal data, with such proof provided to the Data Protection Commissioner in compliance with DATA PROTECTION GENERAL REGULATIONS, 2021.

These measures ensure that data is transferred to jurisdictions with equivalent data protection laws.

2. The transfer is essential for the execution of a contract or the implementation of pre-contractual measures, including:

• The conclusion or fulfillment of a contract involving the data subject,
• Matters of public interest,
• Legal claims,
• Protection of vital interests, or
• Pursuit of compelling legitimate interests by the data controller or processor, provided they do not override the data subject’s rights, freedoms, and interests.

3. The processing of sensitive personal data outside Kenya will occur only after obtaining your consent and confirming the presence of appropriate safeguards.

Notably, we will obtain your consent for the transfer to be made and we will take steps to ensure that your personal data continues to receive a standard of protection that is at least comparable to that provided under the DATA PROTECTION GENERAL REGULATIONS, 2021.

11  DESTRUCTION OF PERSONAL DATA

10.1 Secure Disposal

We will dispose of your personal data in a secure manner that prevents unauthorized access, retrieval, or reconstruction. The specific methods used will depend on the nature of the data and the available technology, and may include:

• Physical Destruction: Shredding, incineration, or other physical methods for paper documents.
• Data Wiping: Using software to permanently erase data from electronic media.
• Degaussing: Using magnetic fields to erase data from magnetic storage devices.
• Cryptographic Erasure: Deleting encryption keys to render data unreadable.

11.1   Data Minimization

We will minimize the collection and retention of personal data to what is strictly necessary for the purposes for which it is collected.

11.2   Regular Reviews

 We will conduct regular reviews of our data retention policies and practices to ensure that personal data is disposed of in a timely and secure manner.

11.3   Third-Party Providers

We will require our third-party service providers and agents to implement similar secure data destruction procedures.

12 DATA PROTECTION OFFICER

You may contact our Data Protection Officer if you have any enquiries or feedback on our personal data protection policies and procedures, or if you wish to make any request, in the following manner:

Name of DPO: Dominic Mutinda

Contact Number: 0202277019

Email Address: dpo@sib.co.ke

Physical Address: JKUAT Towers, Kenyatta Avenue, 16th Floor

Please visit following link to reach out to us for any query: https://sib.co.ke/contactus/

13 EFFECT OF NOTICE AND CHANGES TO NOTICE

This Notice applies in conjunction with any other notices, contractual clauses and consent clauses that apply in relation to the collection, use and disclosure of your personal data by us.

We may revise this Notice from time to time without any prior notice. You may determine if any such revision has taken place by referring to the date on which this Notice was last updated. Your continued use of our services constitutes your acknowledgement and acceptance of such changes.

14 SPECIFIC INFORMATION

14.1 Website

Every time a user visits our website, technical information of the user is collected for the contributions to the subject of information security, information (also referred to as server log files) is automatically collected by us or the webspace provider.

Among other information this includes website name, file, date, data volume, web browser and web browser version, operating system, the domain name of your Internet provider, the referrer URL (the page from which you accessed our offer) and the IP address.

Without this information, it would not be technically possible to deliver and display the website content. In this respect, collecting data is absolutely necessary. Furthermore, we use this information for statistical purposes. They help us to optimize our services and technology. We also reserve the right to check the log files in case of suspected illegal use of our services.

Standard Investment Bank Limited does not track its customers over time and across third party websites to provide targeted advertising and therefore does not respond to Do Not Track (DNT) signals.

14.2 Cookies

This website uses cookies. Cookies are text files that are stored on your computer by the server. They contain information about the browser, the IP address, the operating system, and the internet connection. We will not pass on this data to third parties or link it to personal data without your consent.

Cookies have two main purposes. They help us make it easier for you to navigate through our services and they also enable the website to be displayed correctly. They are not used to spread viruses or to open programs.

Our integration range includes content, services, and services from other suppliers. For example, this might be videos, graphics, or images from other websites. In order for this data to be retrieved and displayed in the user’s browser, transmitting the IP address is absolutely necessary. The providers (hereinafter referred to as “third-party providers”) detect the IP address of the respective user.

14.3 Contact form

If you contact us via the online contact form or by email, we will save the information you provide, your IP address and the time it was sent. This allows us to answer your request and ask possible follow-up questions.

14.4 Google Analytics

This website uses the standard analysis tool “Google Analytics” of Google Inc. (short: “Google”). Google Analytics uses cookies (text files that are stored on the computer). The generated information about the use of the website is transmitted to an American server of Google and stored for further processing. With your privacy in mind, we have extended Google Analytics with the option “anonymize IP” so that all data is collected anonymously. The default IP address provided by your browser will not be merged with other data provided by Google. In exceptional cases, the full IP address will be transmitted and truncated on a Google (US) server.

The data collected by Google Analytics is evaluated to generate reports on user activity and to optimize your user experience. In order to contradict the storage of the cookies, please make the appropriate setting in your browser. Please note that you can only use other areas of this website to a limited extent.

14.5 Job Applications

If you apply to Standard Investment Bank Limited, we process your personal data as a controller. Providing your personal data is necessary for an application to proceed. You are entitled to the data subject rights outlined in this document.

14.6 Lawfulness

We process your personal data to take steps prior to an employment at your request. Any additional processing beyond this application process is based on another, separately declared legal basis.

14.7 Application process

Our application process is mostly conducted by email and includes following steps:

(1) Letter of motivation

(2) Curriculum vitae

(3) Description of your qualification and education

(4) Attestation of your qualification and education

The extent of your application documents is determined by you. We will only collect data necessary to proceed with the application process.

If we invite you to an interview, we collect further personal data encompassing your personal interests and particulars of your professional aspirations and qualification.

14.8 Transfer of application data

We share your application data within our organization with persons involved in the application process: human resources managers, subject matter experts and potential superiors.

14.9 Storage and record keeping

If you enter into an employment contract with us, we keep your application data until the conclusion of that contract’s retention periods.

If we do not close an employment contract, we keep your application data for twelve months. If you want to receive updates on open positions, you may grant us your separate, written consent to do so.

15 REVIEW

15.1 Review requirements

The Data Protection Officer shall review this document once a year.

15.2 Changes to document

If a review of this document shows that changes to this document are necessary, these changes shall be approved by the Executive Director, Strategies and Operations.