Privacy Policy

This Personal Data Privacy Policy applies to the processing of Data that we perform concerning you, notably through our website (hereinafter designated by “Site” or “Our Site”).

In particular, it describes the operations carried out with your personal Data and your rights in respect of your Data, as well as the terms and conditions for exercising these. This Personal Data Privacy Policy complements the Terms and Conditions of the Website and any other terms applicable to the Picha services.

We ask you to regularly review this Personal Data Privacy Policy to keep up to date with any changes that may affect the latter.

1. Definitions

In this Personal Data Privacy Policy, each term with a capital letter has a very specific meaning. You may find the definitions of these terms below:

Client: means a natural person or legal entity (represented by its legal representative or any other duly authorized person), professional or individual, requesting the services of Picha either for itself or on behalf of its own clients (which may be natural Data Subjects or legal entities, professionals or individuals – hereafter the “End Clients” or “End Client”).

Data or Personal Data: means any information relating to a Data Subject, including any information deemed personal information under the Applicable regulation regarding data protection;

Photographer: a service provider carrying out photo or video shoots as part of the Services;

Applicable regulation regarding data protection: means Data Protection Act of the Republic of Kenya and any other legal provisions applicable and relating to the Processing and/or protection of personal data;

Processor: means the natural person or legal entity, public authority, service or any other organisation which, alone or jointly with others, determines the purposes and means of processing Personal Data;

Services: means the photography services delivered by Picha to its Clients or End Clients via the Website and via the API;

Processing or process: means any operation or set of operations carried out, whether or not by means of automated processes and applied to Personal Data, such as collection, registration, organisation, retention, adaptation or modification, extraction, consultation, use, disclosure by transmission, distribution or any other form of making available, matching or interconnection as well as locking, deletion or destruction;

User: individual browsing on the Website. This may be a Client or a Photographer.

2. Collection of your personal data

2.1 Identity and contact details of the Processor

Personal Data is collected and processed by:

The company Picha Images (hereafter “Picha” or the “Processor”)

Registered with the Republic of Kenya

2.2 Contact Details of the Data Protection Officer (DPO)

Picha has chosen to appoint a DPO whom you may contact at the following email address: [email protected].

2.3 Personal Data Collection

We may collect your Data in different ways, particularly when you register with Picha as a Client or Photographer, when you apply for a job on our Website, when you browse our Website, when you contact us via our Website (subsites “Need advice?” or “Contact”), but also in our communication by letter, email, telephone or via our chatbot.

We also reserve the right to link and/or combine the Data concerning you that we collect through these different means.

2.4 The Purpose of Data Processing

We process the Data processing for the following objectives (purposes):

– You are a Client or End Client: Picha processes your Data to:

• Manage your registration;
• Send you communications and information, notably for marketing purposes;
• Manage our relationship with you (notably by keeping your account up to date), orders you have placed with Picha, contracts you sign with Picha;
• Manage and examine the comments you submit regarding the Services (in order to improve the Picha services).

– You are a Photographer: Picha processes your Data to:

• Manage your registration;
• Ensure that the Services you carry out on behalf of Picha’s Clients or End Clients are provided as agreed to between you and Picha and that the related invoicing runs smoothly;
• Send you communications and information, including for marketing purposes.

– You are a User of the Website: Picha processes your Data to:

• Access a Website allowing you to use the Services that we offer and improve your user experience;
• Measure the Website’s traffic and monitor your clicks on the Website;
• Improve the Website’s content;
• Manage the requests and responses posted on the Website via the chatbot and improve the quality of the Services, as well as train Picha teams.

– You are applying for a job: Picha processes your Data to:

• Organise events and meetups;
• Manage and monitor your application.

In all cases Picha may be called on to process your Data to:

• Manage requests of the Data Subjects concerned to exercise rights regarding their Personal Data;
• Carry out advertising or prospecting campaigns.

This processing is implemented on the following legal basis:

• The performance of the contractual relationship that links you to Picha for the following purposes: account management, management of Picha’s relationship with Clients and Photographers; availability of the Website.
• The legitimate interest of Picha:
  • To serve its business purposes and develop its Service offer, for the following purposes: event management; management of its relationship with Clients, Photographers, ambassadors of Picha; sending communications and information, including for marketing purposes; Client and Photographer’s feedback management; and job applicants’ application monitoring.
  • To promote its activities and Services, for the following purposes: sending communications and information, including for marketing purposes, carrying out advertising or prospecting campaigns. 
  • To improve and develop its Website for the following purposes: traffic measuring and clickstream monitoring: Website improvement.
  • To respond to requests as part of its activities for the following purpose: Management of requests and responses posted on the Website.
• Compliance with a legal obligation, for the management of requests of the Data Subjects which want to exercise their rights.
• Your consent for certain prospecting or advertising campaigns.

3. Compulsory or optional nature of the collection

Picha informs you when the provision of information is compulsory. If you do not provide this “compulsory” information, Picha may be unable to provide the relevant services or answer any queries.

If the information requested is not mandatory, the fields of the relevant form will be identified as such. It is up to you to choose to fill them in or not.

4. Cookies

When viewing the Website, and subject to your browser settings, cookies may be dropped on your browser when you connect via a terminal (computer, tablet, smartphone, etc).

Cookies are text files used to recognise your browser throughout the validity period of the cookie concerned and may be used to optimise the use of the Website and personalise the content displayed.

The Website uses the following cookies:

• Technical cookies: to allow use of the Website and its functionalities. You may object to the use of such cookies and delete them at any time by going through your browser settings; however, we inform you that the use of the Website may be impaired.
• Traffic measurement and browsing monitoring cookies: to adapt the Website and its content depending on the use and user browsing behaviour, to measure the number of visits, pages seen, the activity of the Users on the Website and the frequency of User feedback. You may object to the use of such cookies and delete them at any time by using your browser settings.

Unless you opted-out, the cookies will be valid for 13 months.

5. Information we share

We do not disclose or share the Personal Data we collect except in the following cases:

• To internal teams who need to access such Personal Data for the purposes listed above;
• To our service providers as part of their services in connection with the purposes listed above;
• If you agree to share information such Data with third parties, such as social networks through share buttons;
• If you are a Client or End Client – to Photographers to allow them to perform the Services;
• If you are a Photographer – to Clients and End Clients to provide the Services;
• If you are an ambassador – to other Picha ambassadors;
• To subsidiaries or entities part of the Picha group.

We may share aggregated, pseudonymised, or even anonymised information, which is not identifiable, in the context of statistical analyses of our business objectives, which includes the number of visitors to Our Website and the number of clicks on our website and our emails.

6. Information relating to the data retention period

Picha has set forth retention periods for your Data, based on the processing objective (its purpose) and taking into account its legal obligations and needs in terms of evidence (i.e. the existence of a contractual relationship).

Generally speaking, your Data is kept by Picha for the time needed and for the purpose for which it has been collected. Your Data will then be archived for the statutory limitation period applicable in order to allow Picha to meet its legal obligations.

7. Social networks and content generated by users

Our Website makes reference to Picha pages and accounts on different social networks. We draw your attention to the fact that the content presented on these social platforms may be viewed by the public. This is why you must be vigilant when you submit Personal Data via such platforms. Picha cannot be held liable for actions taken by third parties if you post Data on one of Picha’s social media accounts.

8. How to exercise your rights in respect of your personal data

In accordance with applicable Regulation regarding data protection and under the conditions provided for by the said Regulation, in respect of your Personal Data you have a right:

• of access (in particular to establish what Personal Data is processed by Picha);
• of rectification (to rectify Personal Data that is incorrect or no longer up to date);
• of deletion (when you meet the conditions provided for by the Regulation and you wish for Picha to no longer process all or part of your Personal Data);
• of portability (when you meet the conditions provided for by the Regulation and you wish to recover your Personal Data or have it recovered by a third party);
• of limitation in respect of Personal Data processing (when you meet the conditions provided for by the Regulation and you wish for the Processing of your Personal Data to be suspended owing to an event referred to by the said Regulation);
• of opposition for reasons related to your particular situation (when you meet the conditions provided for by the Regulation and you no longer wish for your Personal Data to be processed by Picha);

Moreover, at any time and without justification you have the right to opt out of the processing of your Personal Data for commercial prospecting purposes, including profiling and have a right to withdraw any consent given to Picha.

In some cases, we may ask you to justify your identity (copy of national identity card or passport) in order to ensure that you are indeed the relevant Data Subject. Your identity document will be kept for the period needed to process your request.

You may exercise these rights by sending a request to our DPO by email ([email protected]) or by letter for the attention of DPO of Picha, Lotus Plaza, 4th Floor Chiromo lane, Nairobi-Kenya.

9. Changes to the personal data protection policy

This Personal Data Protection Policy may be updated periodically to inform any individual of changes that have occurred in our practices regarding Personal Data processing. These changes will be published on our Website if applicable.

10. Contact us

For any additional information on the protection of your Personal Data, you may contact us:

• via the Website: in the subsite “Need advice?”, in the subsite “Contact” or via the chatbot;
• by post: Picha Images, P. O. BOX 26732-00504, Nairobi-Kenya

Last update: October 1st, 2020