Privacy Policy, Terms of Use, and GDDR
These Terms of Use constitute an agreement ("Agreement") between you and Goblis Foundation. (the "Company"), the owner of the website located at www.goblisfoundation.org (the "Site"). Your use of the Site and/or the services provided on the Site (the "Services") constitutes your agreement, without limitation or qualification, to be bound by and to comply with the terms of this Agreement. This Agreement will continue until terminated by either party, or modified or amended as set forth herein.
If you elect to use certain Services on the Site, you may be asked to agree to certain terms that are specific to such Services (the "Service Terms"). To the extent of any conflict between such Service Terms and this Agreement, such Service Terms shall govern.
Use of Site
You represent and warrant that you possess the legal right and ability to enter into this Agreement. You agree not to use the Site for any unlawful or abusive purpose or in any way which interferes with our ability to provide Site and/or any Services to our customers, or damages our property. Without limiting the foregoing, you agree not to:
- Use any robot, spider, scraper or other automatic device, process or means to access the Site for any purpose without our express written permission;
- Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- Implement any manual processes to monitor or copy content from the Site without our express written permission;
- Utilize any device, software or routine that will interfere or attempt to interfere with the functionality of the Site;
- Interfere with another person's use and enjoyment of the Site;
- Use the Site for chain letters, junk mail, spamming, or use of distribution lists;
- Interfere with or damage the Site, including without limitation through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology, including methods that in any way reproduce or circumvent the navigational structure or presentation of the Site; or
- Disrupt, interfere with, or otherwise harm or violate the security of the Site, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Site, or affiliated or linked sites.
No Warranties
The materials and content contained in the Site are provided "as is." The Company, through and together with its directors, managers, officers, stockholders, members, agents, representatives, employees and affiliated entities (collectively, the "Foundation Affiliates" and each, a "Foundation Affiliate") make no warranties regarding the materials, content or services whatsoever and disclaim any and all express or implied warranties of any kind, including any warranties of merchantability, non-infringement of intellectual property, fitness for a particular purpose, or warranties arising by course of dealing or custom or trade. This paragraph shall survive termination of this Agreement.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
Limitation of Liability
In no event shall any Foundation Affiliate be liable for any damages, including but not limited to direct, compensatory, indirect, incidental, consequential, special, exemplary or punitive damages (including, without limitation, damages for loss of profits, business interruption, loss of information regardless of whether any Foundation Affiliate has been informed of the likelihood of such damages) arising out of or relating to this Site or the provision of services by the Company.
You and the Foundation agree that this section, "Limitation of Liability", is an agreed allocation of risk between you and the Company. You acknowledge that absent your agreement to this limitation of liability, the Foundation would not provide the Site or Services to you. This limitation of liability shall apply to the fullest extent permitted by law and shall survive termination of this Agreement.
Indemnity
You agree to defend, indemnify, and hold harmless the Foundation Affiliates, from and against any and all claims, expenses, or damages (including attorneys' fees), whether known or unknown, arising from, incurred as a result of, or in any manner related to (a) your use of the Services or the Site, or (b) your promises or statements made in this Agreement. You hereby agree to waive (to the extent permissible) all laws that may limit the effectiveness of the foregoing releases. Notwithstanding the foregoing, you shall not be liable for claims, expenses, or damages arising from the intentional or grossly negligent acts of any Foundation Affiliates. This indemnification shall apply to the fullest extent permitted by law and shall survive termination of this Agreement.
Ownership of the Site and Content
This Site, and all information, materials, and content available on the Site, including without limitation any trademarks, logos, service marks, trade dress, text, and graphics (collectively the "Content"), is the property of the Foundation and/or certain third-parties. Nothing contained on the Site should be construed as granting, by implication or otherwise, any license or right to use any of the Content without the written permission of the party that owns the Content, whether it be the Foundation or a third party.
Links to Other Materials
The sites linked to the Site, if any, are not necessarily under the control of the Foundation, and the Foundation is not responsible for the content of any linked site. Any links included in the Site have been selected by the Foundation for your convenience. The selection or omission of links is not intended to endorse any particular companies or products. If you decide to access any of the third parties linked to the Site, you do so entirely at your own risk.
Governing Law; Jurisdiction and Venue
This Agreement shall be governed by and construed in accordance with the laws of the Republic of Kenya, excluding that body of law applicable to conflicts of law. You agree that any suit, action or proceeding arising out of or relating to this Agreement shall be instituted only in a court of Law in the Republic of Kenya. You hereby waive any objection you may have now or hereafter to the laying of the venue of any such suit, action or proceeding, and irrevocably submit to the jurisdiction of any such court in any such suit, action or proceeding.
Privacy
Our Privacy Policy explains how we collect, use, and disclose information that pertains to your privacy. The Privacy Policy forms part of our agreement with you and is incorporated into this Agreement by reference. For full details, please refer to our Privacy Policy.
General Information
We may change or modify this Agreement from time to time. You can review the most current version of this Agreement at any time on the Site. Your continued use of the Site or any Services after the Agreement has been changed and posted to the Site constitutes your acceptance of the modified Agreement. We may assign all or part of our rights or duties under this Agreement in connection with a sale of all or substantially all the assets of the Foundation to a third party. You may not assign this Agreement without our prior written consent. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed to reflect the parties' original intent, and the remaining portions shall remain in full force and effect. This Agreement, together with the Service Terms and the Privacy Policy, constitutes the entire agreement between the Foundation and you with respect to your use of the Site and the Services, and it supersedes all prior or contemporaneous communications and proposals between the Foundation and you with respect thereto. Any failure by the Foundation to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
GDPR Acknowledgement
Purpose
The Foundation is committed to safeguarding the privacy of personal data. This Privacy Notice outlines the collection, use, and disclosure of personal data provided to The Foundation by students, faculty and staff, alumni, and other members of our community. This Notice also provides certain required information to persons located in the European Union, a European Economic Area member state, or Switzerland pursuant to the EU General Data Protection Regulation (“GDPR”). When you submit information to The Foundation or use The Foundation’s website or other services, you consent to the collection, use, and disclosure of your personal data as described in this Notice.
Application
The Foundation collects and processes personal data (“Information”) from individuals only as necessary to exercise The Foundation’s legitimate interests, functions, and responsibilities as a private, non-profit institution of higher education. Information means any information which relates to or identifies you as an individual. The data being collected may also include Sensitive Information, which means data such as race, ethnic origin, religious or philosophical beliefs, health data, sexual orientation, and/or criminal convictions.
Foundation Use of Information
The Foundation will only process your personal data for lawful purposes under the GDPR related to The Foundation’s educational, charitable, and scientific purposes and arising from your relationship with The Foundation as a prospective, current, or former student (or such student’s parent or guardian), faculty or staff member, employee, contractor, donor, supporter, research subject, visitor to The Foundation or its website, or attendee at a Foundation event. For example, The Foundation collects and processes Information from individuals who are applicants for employment positions. The Foundation also collects Information from students or student applicants to: enroll and register individuals in The Foundation; provide and administer housing; manage student accounts; administer grant, scholarship and financial aid programs; provide academic advising; develop and deliver education programs; track academic progress; provide student support services; comply with regulatory reporting, auditing and maintenance of accreditation; and other related Foundation processes and functions.
Third Party Use of Sensitive Information
The Foundation may disclose your Sensitive Information and other Information as follows:
- Consent: We may disclose your information if we have your consent to do so.
- Emergency Circumstances: We may share your information when it is necessary to protect your interests and you are physically or legally incapable of providing consent.
- Employment Necessity: We may share your information when necessary for administering employment or social security benefits in accordance with applicable law, subject to the imposition of appropriate safeguards to prevent further unauthorized disclosure.
- Public Information: We may share your information if you have manifestly made it public.
- Archiving: We may share your information for archival purposes in the public interest, and for historical research and statistical purposes.
- Performance of a Contract: We may share your information when necessary to administer a contract you have with The Foundation.
- Legal Obligation: We may share your information when the disclosure is required or permitted by international, national, and county laws and regulations.
- Service Providers: We use third parties who have entered into a contract with The Foundation to support the administration of Foundation operations and policies. In such cases, we share your Information with such third parties subject to the imposition of appropriate safeguards to prevent further unauthorized disclosure.
- Foundation-Affiliated Programs: We may share your information with parties that are affiliated with The Foundation for the purpose of contacting you about goods, services, charitable giving, or experiences that may be of interest to you.
- De-Identified and Aggregate Information: We may use and disclose information in de-identified or aggregate form without limitation.
Practice/Standard
Security
The Foundation implements appropriate technical and organizational security measures to protect your information when you transmit it to us and when we store it on our information technology systems.
Cookies and Other Technology
The Foundation’s use of cookies and other data can be found at: https://www.goblisfoundation.org/cookies/
Your Rights
If you are subject to GDPR, you have the right to request access to, a copy of, rectification, restriction in the use of, or erasure of your Information in accordance with all applicable laws. The erasure of your Information shall be subject to applicable state and federal laws, and The Foundation’s applicable retention periods as set forth in the Records Retention Policy. If you have provided consent to the use of your Information, you have the right to withdraw consent without affecting the lawfulness of The Foundation’s use of the Information prior to receipt of your request.
As explained above, The Foundation will sometimes ask you to provide information necessary to perform contracts to which you are a party, or to further The Foundation’s legitimate interests. If you do not provide such information, sometimes The Foundation will not be able to process such contracts, pursue those legitimate interests, or comply with its legal obligations, and you will not be eligible to receive the benefits that may result from those contracts, interests, or obligations.
Retention and Destruction of Information
Personal data will be retained by The Foundation in accordance with applicable federal and state laws and the applicable retention periods developed by The Foundation and set forth in its Records Retention Policy. Personal data will be destroyed upon your request unless applicable law requires destruction after the expiration of an applicable retention period. The manner of destruction shall be appropriate to preserve and ensure the confidentiality of your information given the level of sensitivity, value, and criticality to The Foundation.
Contact Information
The Foundation is the controller of the personal data it collects. If you would like to contact The Foundation in its capacity as controller, please contact: privacy@goblisfoundation.org
Privacy Notice
Purpose
The Foundation is committed to safeguarding the privacy of personal data. This Privacy Notice outlines the collection, use and disclosure of personal data provided to The Foundation by students, faculty and staff, alumni, and other members of our community. This Notice also provides certain required information to persons located in the European Union, a European Economic Area member state, or Switzerland pursuant to the EU General Data Protection Regulation (“GDPR”). When you submit information to The Foundation or use The Foundation’s website or other services, you consent to the collection, use and disclosure of your personal data as described in this Notice.
Application
Foundation Use of Information
The Foundation collects and processes personal data (“Information”) from individuals only as necessary to exercise The Foundation’s legitimate interests, functions and responsibilities as a private, non-profit institution of higher education. Information means any information which relates to or identifies you as an individual. The data being collected may also include Sensitive Information, which means data such as race, ethnic origin, religious or philosophical beliefs, health data, sexual orientation, and/or criminal convictions.
The Foundation will only process your personal data for lawful purposes under the GDPR related to The Foundation’s educational, charitable, and scientific purposes and arising from your relationship with The Foundation as a prospective, current, or former student (or such student’s parent or guardian), faculty or staff member, employee, contractor, donor, supporter, research subject, visitor to The Foundation or its website, or attendee at a Foundation event. For example, The Foundation collects and processes Information from individuals who are applicants for employment positions. The Foundation also collects Information from students or student applicants to: enroll and register individuals in The Foundation; provide and administer housing; manage student accounts; administer grant, scholarship and financial aid programs; provide academic advising; develop and deliver education programs; track academic progress; provide student support services; comply with regulatory reporting, auditing and maintenance of accreditation; and other related Foundation processes and functions. The Foundation collects and processes Information from alumni in order to send correspondence for networking, job placement, continuing education, and fundraising. The Foundation also uses Information to conduct general demographic and statistical research to improve the Foundation programs, identify appropriate support services or activities, provide reasonable accommodations, and enforce Foundation policies or comply with applicable laws.
The Foundation will ordinarily collect and process your personal data because it is necessary for the performance of a contract to which you are a party or because The Foundation has another legitimate interest in doing so. When The Foundation cannot rely on either of these grounds, it will seek your consent before collecting and processing your data.
Any personal data provided to The Foundation will be accessed by those who have a legitimate Foundation-related business need to access it. Your personal data may also be shared by The Foundation with third parties who have entered into contracts with The Foundation to perform functions on behalf of The Foundation, subject to the obligation of confidentiality and safeguarding from unauthorized disclosure.
Third Party Use of Sensitive Information
The Foundation may disclose your Sensitive Information and other Information as follows:
- Consent: We may disclose your information if we have your consent to do so.
- Emergency Circumstances: We may share your information when it is necessary to protect your interests and you are physically or legally incapable of providing consent.
- Employment Necessity: We may share your information when necessary for administering employment or social security benefits in accordance with applicable law, subject to the imposition of appropriate safeguards to prevent further unauthorized disclosure.
- Public Information: We may share your information if you have manifestly made it public.
- Archiving: We may share your information for archival purposes in the public interest, and for historical research and statistical purposes.
- Performance of a Contract: We may share your information when necessary to administer a contract you have with The Foundation.
- Legal Obligation: We may share your information when the disclosure is required or permitted by international, federal, and state laws and regulations.
- Service Providers: We use third parties who have entered into a contract with The Foundation to support the administration of the Foundation operations and policies. In such cases, we share your Information with such third parties subject to the imposition of appropriate safeguards to prevent further unauthorized disclosure.
- Foundation-Affiliated Programs: We may share your information with parties that are affiliated with The Foundation for the purpose of contacting you about goods, services, charitable giving or experiences that may be of interest to you.
- De-Identified and Aggregate Information: We may use and disclose information in de-identified or aggregate form without limitation.
Practice/Standard
Security
The Foundation implements appropriate technical and organizational security measures to protect your information when you transmit it to us and when we store it on our information technology systems.
Cookies and Other Technology
The Foundation’s use of cookies and other data can be found at: https://www.goblisfoundation.org/cookies/
Your Rights
If you are subject to GDPR, you have the right to request access to, a copy of, rectification, restriction in the use of, or erasure of your Information in accordance with all applicable laws. The erasure of your Information shall be subject to applicable state and federal laws, and The Foundation’s applicable retention periods as set forth in the Records Retention Policy. If you have provided consent to the use of your Information, you have the right to withdraw consent without affecting the lawfulness of The Foundation’s use of the Information prior to receipt of your request.
As explained above, The Foundation will sometimes ask you to provide information necessary to perform contracts to which you are a party, or to further The Foundation’s legitimate interests. If you do not provide such information, sometimes The Foundation will not be able to process such contracts, pursue those legitimate interests, or comply with its legal obligations, and you will not be eligible to receive the benefits that may result from those contracts, interests, or obligations.
Personal data created in the European Union will be transferred out of the European Union to The Foundation. If you feel The Foundation has not complied with applicable foreign laws regulating such information, you have the right to file a complaint with the appropriate supervisory authority in the European Union.
Retention and Destruction of Information
Personal data will be retained by The Foundation in accordance with applicable federal and state laws and the applicable retention periods developed by The Foundation and set forth in its Records Retention Policy. Personal data will be destroyed upon your request unless applicable law requires destruction after the expiration of an applicable retention period. The manner of destruction shall be appropriate to preserve and ensure the confidentiality of your information given the level of sensitivity, value and criticality to The Foundation.
Contact Information
The Foundation is the controller of the personal data it collects. If you would like to contact The Foundation in its capacity as controller, please contact: privacy@goblisfoundation.org
info@goblisfoundation.org
+254 700 000 000
P.O Box, 28523, 00100 Nairobi, Kenya
