Introduction:

Please note that the sanctity of your personal data is important to us. All of our partners, employees, consultants, workers and data processors (i.e., those who process your personal information on our behalf) who have access to, and are associated with the processing of personal information, are obliged to respect the confidentiality of such personal information.

This policy explains how we will collect, handle, store and protect information about you from your interaction with our website. It includes information about individuals whose personal information we may process as a result of providing the Services to third parties. It sets out your rights in respect of our processing of your personal information. By using the Website, you agree to the use of such information in accordance with this Privacy Notice.

Personal Information refers to information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual, or corporate body.

Applicable Law:

These terms of use shall be governed by, and construed in accordance with, the laws of the Republic of Kenya without giving effect to the principles of conflict of laws. You hereby consent to the exclusive jurisdiction of the High Court of the Republic of Kenya in respect of any disputes arising in connection with this website.

About CR Advocates LLP:

CR Advocates LLP are one of the leading Law Firms in Nairobi, Kenya offering legal services to both local and international clients. As a premier law firm, we provide a comprehensive range of legal services and solutions for domestic and international clients. We pride ourselves in being flexible, accessible and offer client-oriented legal services.

Our law firm also provides personalized and client service-oriented legal services to our clientele both corporate and high net worth individuals. We mainly offer legal services as per our practice areas set out in our website. Our goal is to protect our clients’ interests in every transaction taking into account the nature and complexity of the issues therein, give economically sensitive options, set practical targets and deliver quality, timely and effective results.

Log information, cookies and web beacons:

When you access the Website, we may collect standard Internet log information including your IP address, browser type and language, access times and referring website addresses. To ensure that the Website and Communications are well managed and to facilitate improved navigation, we or our service provider(s) may also use cookies (small text files stored in a user’s browser) or web beacons (electronic images that allow us to count users who have accessed particular content and to access certain cookies) to collect aggregate data.

Nature of the personal information that we collect:

We may collect personal information in the course of our business, when you contact us or request information from us, when you engage our Services or as a result of your relationship with one or more of our staff and clients. When we require personal information from you in order to fulfil a statutory or contractual requirement, or where such information is necessary to enter into a contract or is otherwise an obligation, we will inform you and indicate the consequences of failing to do so.

Information could be related to:

1. Client matters.
2. Related parties and client representatives: CR Advocates LLP is mostly engaged by corporate entities and clients (i.e., legal entities), and those legal entities are not data subjects (i.e., natural persons to whom personal information relates). However, as part of our engagement with these clients, we may receive personal information about individuals. For example, we may receive names, contact details and other information relating to:

• Officers, representatives and/or personnel of our corporate clients or prospective clients, as well as their affiliated and related entities.
• Adverse parties in a matter or potential matter, such as claimants, plaintiffs, defendants and other adverse parties.
• Related parties in a matter or potential matter.
• Vendors and suppliers of our corporate clients or prospective clients.
• Current and former legal advisors, consultants and other professional advisors of our corporate clients or prospective clients.
• Government and/or law enforcement entities and their representatives.
• If you are an individual whose personal information is processed by us as a result of providing the Services to others (including individual clients and corporate clients), we will process a variety of different personal information depending on the Services provided. These are non-exhaustive, which is reflective of the varied nature of the personal information we process as part of a law firm providing legal services and mailing lists

Additional information may be collected, such as events you attend and if you provide it to us, dietary preferences which may indicate data about your health or religious beliefs.

Purpose for our use of your personal information:

Our processing of personal information is justified by a “legal basis”, that is, a specific condition. We may use personal information for the following purposes:

Fulfillment of services:

We use personal information to enable us to perform the Services, respond to your requests and deliver our Services, to provide legal advice and related Services for which you have engaged us, verify your identity, and carry out requests made by you in relation to our Services.

Client services:

We use personal information to provide the Services, to communicate with you about your use of the Services, to respond to your inquiries, to provide troubleshooting, to fulfil your requests, to bill you for our Services, to collect payments, to respond to complaints and inquiries, to provide technical support, and to provide other client service and support.

Business administration and legal compliance:

We use personal information for the following business administration and legal compliance purposes:

• To perform and maintain information for the purposes of performing conflicts of interest searches.
• To comply with our legal obligations (including Know Your Client, Anti-Money Laundering, Anti-Bribery, conflicts or similar obligations including, but without limitation, maintaining regulatory insurance).
• To enforce our legal rights. To investigate and/or settle inquiries or disputes.
• To comply with any applicable law, court order, other judicial process, law enforcement requests or the requirements of a regulator.
• To enforce our agreements with you.
• To protect the rights, property or safety of us or third parties, including our other clients and users of our Services.
• To maintain our records.
• To process business transaction data, such as in connection with a merger, or a restructuring, or sale.
• To use as otherwise required or permitted by law, consistent with these purposes.

Marketing and promotions:

We may use personal information for marketing and promotional purposes, such as to send you news and newsletters, or to otherwise contact you about products or information we think may interest you like legal alerts and developments in the legal fraternity, by email and direct (postal) mail. We may also use it develop new Services and determine how to market our Services.

Client development:

We may use personal information in order to apply for prequalification when applying to be paneled by potential new clients, to respond to Requests for Proposals (“RFPs”), prepare for and present pitches and other proposals, and identify potential business opportunities. Largely, this involves our collection and use of non-personal business information about current, former and prospective corporate clients. However, we may also process limited personal information about individuals (name, current and former company, current and former title, contact information and similar information).

Client insight and analytics:

We use personal information to better understand how you and others use our Services, so that we can improve our Services, develop new features, tools, offerings, services and the like, and for other research and analytical purposes. We may use this information and the insights we have derived for marketing purposes (see the marketing section above for further details), or to make decisions about events, news and information that may be of interest to clients and prospective clients.

Industry benchmarking and rankings:

We participate in industry surveys and reports which clients use to assess law firms and the legal industry. Largely, this involves our collection and use of non-personal business information about clients and matters. However, we may also review and share limited personal information about individuals (such as referee name, title and contact).

Prevent misconduct, abuse and misuse:

Subject to our professional and ethical duties, we use personal information where we believe necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, or violations of our terms of engagement.

Legal bases for our use of your personal information:

We are required by law to set out in this Privacy Notice the legal grounds on which we rely in order to process your Personal Information.

We use your Personal Information for the purposes outlined above because of:

Our legitimate interests in the effective delivery of our Website and related services offered to you;

Our legitimate interests in the effective and lawful operation of our Website and Mobile App so long as such interests are not outweighed by your interests.

The legal and regulatory obligations that we are subject to, such as keeping records for tax purposes or providing information to a public body or law enforcement agency.

To the extent that we process any sensitive Personal Information relating to you for any of the purposes outlined above, we will do so because either: (i) you have given us your explicit consent to process that data; (ii) the processing is necessary for the establishment, exercise or defense of legal claims or (iii) you have made the data manifestly public.

Where we are legally required to obtain your explicit consent to provide you with certain marketing materials, we will only provide you with such marketing materials where we have obtained such consent from you. If you do not want to continue receiving any marketing materials from us, you can unsubscribe from the Communication.

Sharing your personal information:

We may appoint sub-contractor data processors as required to deliver the Services, such as, without limitation, document processing and translation services, confidential waste disposal, IT systems or software providers, IT Support service providers, and document and information storage providers, who will process personal information on our behalf and at our direction. We conduct an appropriate level of due diligence and put in place contractual documentation in relation to any sub-contractor to ensure that they process personal information appropriately and according to our legal and regulatory obligations.

Further, we may appoint external data controllers where necessary to deliver the Services (for example, but without limitation, accountants, attorneys, consultants, professional advisors and other third-party experts including, but without limitation, other CR Advocates LLP practicing entities When doing so, we will comply with our legal and regulatory obligations in relation to the personal information including, but without limitation, putting appropriate safeguards in place.

We may also share personal information with a variety of the following categories of third parties as necessary:

• Government and/or regulatory authorities.
• Professional indemnity insurers.
• Regulators, tax authorities and/or corporate registries.
• Third parties to whom we outsource certain services, such as, without limitation, document processing and translation services, confidential waste disposal, IT systems or software providers, IT Support service providers, and document and information storage providers.
• Third party service providers to assist us with client insight analytics, such as Google Analytics.
• Third party postal or courier providers who assist us in delivering our postal marketing campaigns to you, or delivering documents related to a matter.

If you are based in Kenya, please note that we will, where necessary to deliver our Services, transfer personal information to other countries and shall, where necessary, provide the office of the Data Protection Commissioner with proof of existence of the necessary safeguards with respect to the security and protection of the personal data.

For more information on how we protect your information please contact us at Stima Investment Plaza 1, 3rd Floor Wing A, Mushebi Rd, Parklands. Nairobi, Kenya or through email at info@www.cradvocatesllp.com

Retention of personal information:

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for. 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 to our relationship with you.

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

Details of retention periods for different aspects of your personal data are available in our retention policy which you can request from us by contacting us.

How to access your information and your other rights:

You have the following rights in relation to the personal information we hold about you:

• Right of access to your personal information
• Right to correction (rectification) if and when there is a misrepresentation
• Right to erasure in some circumstances, such as where we no longer need it or if you withdraw your consent (where applicable). If you are entitled to erasure and if we have shared your personal information with others, we will let them know about the erasure where possible. If you ask us, we will also tell you, where it is possible and lawful for us to do so, with whom we have shared your personal information with so that you can contact them directly.
• Right to restrict (block) processing. You can ask us to restrict the processing of your personal information in certain circumstances, such as where you contest the accuracy of that personal information or the personal data is no longer required for the purpose of the processing. If you are entitled to restriction and if we have shared your personal information with others, we will let them know about the restriction where it is possible for us to do so. If you ask us, we will also tell you, where it is possible and lawful for us to do so, with whom we have shared your personal information so that you can contact them directly.
• Right to data portability. You have the right, in certain circumstances, to receive a copy of personal information we’ve obtained from you in a structured, commonly used and machine readable format, and to reuse it elsewhere or to ask us to transfer this to a third party of your choice.
• Rights in relation to automated decision-making and profiling
• You have the right not to be subject to a decision when it’s based on automatic processing, including profiling, if it produces a legal effect or similarly significantly affects you, unless such profiling is necessary for entering into, or the performance of, a contract between you and us or is authorised by laws applicable to us.
• Right to withdraw consent. If we rely on your consent (or explicit consent) as our legal basis for processing your personal information, you have the right to withdraw that consent at any time.
• Right to lodge a complaint with the supervisory authority. If you have a concern about any aspect of our privacy practices, including the way we’ve handled your personal information, you can report it to the relevant supervisory authority including but not limited to the Office of the Data Protection Commissioner.

Please note that some of these rights may be limited where we have an overriding legitimate interest or legal obligation to continue to process the personal information, or where the personal information may be exempt from disclosure due to applicable law, the applicable rules of professional conduct, attorney-client privilege, legal professional privilege, other applicable privileges or protections, or professional secrecy obligations.

Changes to this privacy policy:-

We may make changes to this Privacy Notice from time to time, to reflect changes in our practices. We may also make changes as required to comply with changes in applicable law or regulatory requirements. Where we materially change this Policy, we will take steps to notify you (such as by posting a notice on the Site or via email), and where required by applicable law to obtain your consent.

How to contact us:

If you have any questions about this Privacy Policy or want to exercise your rights set out in this Privacy Policy, please contact us at Stima Investment Plaza 1, 3rd Floor Wing A, Mushebi Rd, Parklands. Nairobi, Kenya or through email at info@cradvocatesllp.com