INTRODUCTION

Together, Kingsland Court Trustee Services Limited, and Kingsland Court Benefits Services Limited, related group of companies which provide diversified financial services including, corporate trustee, retirement plan administration, advice, traditional trustee and executor services. This Privacy Statement references to ‘we’, ‘us’ or ‘our’ are to the Kingsland Court group of companies.

We are committed to protecting your privacy and complying with the Kenyan Data Protection Act and Regulations. As part of our commitment and to explain how we collect, manage and handle your personal and/or sensitive information, we have developed our Privacy Statement.

What personal information does the Kingsland Court collect about me?

Personal Information

Kingsland Court needs to collect and hold personal information from you in order to provide its products and services to you, and to ensure compliance with certain legal and regulatory obligations.

The types of personal information we may collect include any of the following:

• name, gender and date of birth
• contact details, including telephone numbers, email and postal addresses;
• employment details such as your salary, retirement plan contributions and employment status;
• bank account details;
• accounting records;
• Kenyan Revenue Authority PIN Number;
• nominated beneficiaries in a retirement plan;
• claims information;
• attitudes to investment risks;
• estate planning related information e.g., next of kin and family details; and

We are required to collect and verify (through identification documents such as your passport or national identification documents) your name, address and date of birth under the Anti-Money Laundering and Counter-Terrorism Financing laws of Kenya. We may also collect other information as may be required from time to time either to provide products and services to you or ensure compliance with the law.

How does the Kingsland Court collect personal information about me?

We collect personal information from you in a variety of methods in the course of business. Examples of the way we collect personal information include:

• through communications between you and our representatives or advisers;
• your use of our website;
• you completing application forms in relation to our products and services;
• through other avenues, where required to meet regulatory requirements and comply with the law; and
• through marketing activities which request information from you, such as surveys.

Because our products and services are often accessed as required by retirement benefits laws in Kenya by third party service providers like Approved Issuers, Fund Managers, Retirement Plan Administrators and External Auditors, we may collect personal information about you from these third parties.

You have the option of communicating with us anonymously or using a pseudonym if you prefer. For example, you may wish to withhold your personal information when making a general enquiry about a product or service we offer. However, we will refuse to provide a product or service where it is impractical or unlawful to do so without your personal information.

Why does the Kingsland Court collect this information?

Kingsland Court uses your personal information for the purpose of providing you with our products and services. For example, we may use your personal information to:

• assess applications you make for Kingsland Court Trustee services or other financial products;
• provide you with taxation, financial planning, retirement plans establishment and administration, estate, or trustee services;
• adequately discharge trustee/fiduciary duties in line with laws of trust in Kenya;
• enable us to assist you with related services, as may be required from time to time.

Unsolicited information

‘Unsolicited’ personal information is personal information about an individual which Kingsland Court has unintentionally received. For example, this may occur when establishing beneficiary information. Where Kingsland Court obtains unsolicited information, we will protect this personal information with the same rigour as we treat personal information we intended to collect.

Will the Kingsland Court disclose my personal information to third parties?

We may need to disclose your personal information to third parties where it is necessary to provide one of our products or services to you. We take reasonable steps to ensure that any third party we disclose your personal information to is bound by confidentiality and privacy obligations to protect information about you.

Examples of third parties we may disclosure your personal information to, include:

• solicitors, accountants, real estate agents or other advisers to provide professional advice to you in relation to one of our services;
• investment managers/Approved issuer/Investment Advisor or other approved financial institutions to facilitate payment or manage an investment;
• To your retirement plan administrator for purposes of determining retirement benefits payable.

We may transfer personal information to countries outside Kenya (for example to comply with payments of emigration retirement benefits). We will only do so in compliance with all applicable Kenyan data protection and privacy laws. We will not disclose your personal information to an overseas recipient unless we have taken reasonable steps to ensure that recipient protects your privacy according to the Kenyan Privacy Principles. Nor will we sell your personal information or otherwise disclose it to a third party, for a purpose which is unrelated to a product or service we are providing to you.

We have a strict duty to maintain the privacy of all personal information we hold about you. However, certain exceptions may apply. For example, disclosure of your personal information may be authorised or required:

• by law (e.g. disclosure to courts under subpoena or to various government departments and agencies such as the Kenyan Tax Offices);
• in the public interest (e.g. where a crime, fraud or misdemeanour may be committed or suspected); or
• with your consent – your consent may be implied or express and it may also be verbal or written.

Use of your Personal Information for Marketing

We do not your personal information to send you direct marketing communications about our products and services which we believe may be of interest to you. We do not information about you to assist us with internal marketing and research unless requested. All marketing and business development efforts are done by our clients/business partners who are responsible for their various retirement plan and investment products.

We do this to avoid conflicts of interest in servicing our clients.

Collection of information through our website Website Collection and Cookies

Information is collected through your use of our website to tailor your online experience. The type of information that may be collected is non-personal information such as:

• date and time of visits;
• pages you viewed;
• type of operating system;
• your computer’s Internet Protocol address;
• the location of your server;
• the address of any referring website; and
• whether information has been downloade

Although this information is non-personal, it may constitute personal information when collated and in accordance with this statement it will be treated accordingly.

This information is collected through identification of cookies that are stored on your device when you access and interact with our website. Notwithstanding the above, no attempt will be made by us to identify you or your browsing activities, except where required by under law.

You may disable cookies on your internet browser should you wish to opt out of receiving tailored marketing communications through your interaction with our website. Please note that opting out may reduce your ability to take full advantage of our website and its features.

Any of our electronic marketing activities will comply with the requirements of Kenyan data protection act and regulations.

How does the Kingsland Court keep my personal information secure?

Kingsland Court has implemented a range of measures to ensure your personal information is kept secure wherever possible. Access to information is regulated to prevent unauthorised use or disclosure, and security procedures apply including password encryptions, firewalls, and other technological safeguards. Identification and password security also applies to online access of personal information.

We retain personal information subject to business need but also any statutory requirements that may apply. In some cases, particularly in relation to our traditional trustee services (such as estate administration, trust management and philanthropy) we retain personal information for periods greater than seven years. However, where your personal information is no longer needed for business purposes, steps may be taken to destroy it or de-identify it.

Although we always endeavor to provide a secure environment for your personal information, you should be aware there are inherent risks in storing or transmitting information by electronic means. This includes using online communications such as email, or online application forms. We cannot guarantee information transmitted over the internet will not be intercepted, and any such communication is made at your own risk.

Sensitive Information

Kingsland Court is required to obtain your consent before it collects any sensitive information from you. Sensitive information will only be collected if it is deemed necessarily required for us to carry out our functions and/or activities. If you do not consent to providing all or part of your sensitive information this may impact on our ability to meet our obligations under relevant law, including but not limited to the Retirement Benefits Act and Capital Markets Act of Kenya.

Sensitive information attracts the same definition in the Data Protection Act as updated from time to time. Sensitive information may include but is not limited to:

• racial or ethnic origin; or
• political opinions; or
• memberships of a political association; or
• membership of a trade union; or
• criminal record;
• health information about an individual; or
• genetic information about an individual that is not otherwise health information; or
• biometric information that is to be used for the purpose of automated biometric verification or biometric identification; or
• biometric templates.

Accessing or correcting your personal and/or sensitive information

You can contact us at any time to request access to your personal and/or sensitive information (‘information’) If you are seeking access, we ask that you submit your request in writing and provide proof of identity (such as a certified copy of your ID card or passport) to our Technology Office on the details below.

Subject to some exceptions, you may find out what personal information Kingsland Court holds about you. However, in some circumstances, we may not be able to disclose this information. If we cannot provide information we hold to you, we will write to you to explain why we cannot do so.

If you believe the information we hold about you is incorrect or inaccurate, please notify one of our representatives as soon as you can. As with any access to information we request that you notify us in writing and provide proof of identity. We may also request that you verify the grounds for an amendment.

Who do I contact for further information?

The Technology Office or Administration Team at Kingsland Court can assist you with any enquiries you have about the information that we hold about you. You can contact our Administration Team through the address details below:

Administration Services Team

Phone: +254 (0) 720 212314 or 733 748956

Email:  info@kingslandcourt.co.ke

What if I have a complaint or concern?

If you have a complaint or concern about your privacy, please contact our Administration Team on the details above. Please mark any written requests or complaints: ‘Attention: Data Privacy’.

If you are not satisfied with our response to your complaint, you may be able to lodge a complaint with an external dispute resolution party. The external dispute resolution body responsible for handling data privacy complaints is the Kenya Office of the Data Protection Commission. However, it’s important that you contact us first.

Through the Trust Documents of retirement plans overseen by Kingsland Court, Kingsland Court also has the right to employ dispute resolution mechanisms and arbitration process should a member have any dispute regarding their retirement benefits data. Should you have dispute regarding your retirement benefits we encourage you to first contact us using the details provided above.

Should you be unhappy with the outcome from the dispute resolution scheme, you have the option to refer your privacy complaint to the Office of Kenya Office of the Data Protection Commission.

Should you be unhappy with the outcome from the dispute resolution scheme, you have the option to refer your retirement benefits data complaint to the Retirement Benefits Authority.