Data Protection Statement

Data Privacy Statement

            1. INTRODUCTION

Your privacy is important to Bamburi Cement PLC.

Bamburi Cement PLC and its subsidiaries (“we”, “us” or “Bamburi”) process your personal identifiable information (PII) in order to fulfil our commitment to processing data responsibly and protecting the privacy of personal data in our possession in line with the provisions of the Data Protection Act, 2019 and international best practices.

This Privacy Notice describes the personal data Bamburi Cement PLC collects, how Bamburi uses the personal data, with whom Bamburi shares the personal data, and the rights you, as a data subject, have regarding the use of personal data by Bamburi. This Notice further describes how you can contact us about the data protection practices. This notice may be supplemented by our products or services specific notices which provide additional information on the processing of your data related to the specific products or services.

SCOPE AND APPLICABILITY

This Notice applies to all Bamburi’s prospective and current customers, which purchase our products and use our services. This Notice also applies to our customers’ end-users, staff, partners, and other individuals that we collect personal information from through the course of providing our products and services and operating our Sites. This Notice does not apply to Bamburi’s employees, independent contractors and job applicant personal information.

​​​​​​​This notice will apply when you visit our customer-directed websites, business applications or social media sites; when you purchase products or services from us; provide to us your goods or services; subscribe to any of our marketing communications; contact us; or in any other way interact with us (directly or indirectly).

​​​​​​​References in this Notice to “you” or “your” are references to individuals whose information is processed by us or on our behalf in connection with the use of any of our products or services.

The information we collect about you

​​​​​​​PII, personal data, and personal information means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

​​​​​​​Depending on the nature of our relationship with you we may process (i.e., collect, store, and use) the following categories of personal data about you:

​​​​​​​Our services and products are neither aimed at nor intended for children. However, we may Process children’s information while undertaking various business operations requiring the collection of children PII.

PURPOSES AND LEGAL BASIS FOR WHICH WE WILL USE YOUR INFORMATION​​​​​​​

We may process your information for more than one legal bases depending on the specific purpose for which we collect your information. We will process your personal information in the following circumstances.

• We will process your information if the processing of personal data is necessary for the performance of a contract to which you are a party, as is the case, for example, with processing operations that are necessary for the delivery of our products or the provision of other services This also applies to processing operations required to carry out pre-contractual measures, such as in cases of queries regarding our products or services
• Where we need to comply with a legal or regulatory obligation. This means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to such as the Occupational Safety and Health Act.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.

1. "CCTV data" will be used for: detection and prevention of crime; detection and prevention of safety incidents; detection and prevention of unauthorised access to our premises and restricted areas, supporting safety, security and internal investigations; supporting criminal investigations; and for reviewing security & safety incidents.
2. If you use our websites, please note that these use cookies and other analytical tools (e.g. Tracking Pixel, Google Analytics etc.). Please access (https://www.holcim.com/legal-mentions ) to learn more about our use of such tools.

If you fail to provide your information to us

​​​​​​​Where we are required by law to collect your information or need to collect your information under the terms of a contract we have with you and you fail to provide your information when requested, we may not be able to perform the contract we have or plan to enter into with you or we may not be able to make a transaction with you.

HOW LONG WILL WE RETAIN YOUR INFORMATION

1. We will store and process your personal data in the European Union and the Republic of Kenya.
2. We may store and process your personal data, or share it with the recipients described below, also outside of the European Union and the Republic of Kenya. We will do so only to the extent permitted by applicable law and take appropriate safeguards to ensure the security and integrity of your personal data. You may contact us anytime using the contact details below if you would like further information on such safeguards.
3. ​​​​​​​We will only retain your information for as long as necessary to fulfil the purposes for which we collected it. Your personal data will be promptly deleted when it is no longer required for these purposes.
4. ​​​​​​​To determine the appropriate retention period for your information, we consider the amount, nature and sensitivity of your information, the potential risk of harm from unauthorised use or disclosure of your information, the purposes for which we process your information and whether we can achieve those purposes through other means, and the applicable legal requirements.
5. DISCLOSURE OF YOUR INFORMATION
6. ​​​​​​​We may have to share your information with the entities and persons set out below for the purposes for which we collected the information:

• Your information will be shared within Bamburi Cement PLC, its subsidiaries and affiliates (“Group”). We share your information within our Group to promote our operational efficiency and to provide you with the highest quality of our products and services.
• Where required, we will (subject to any terms of business which we may enter into with you) disclose your information to:
• Any person or entity to whom we are required or requested to make such disclosure by any court of competent jurisdiction or by any governmental, taxation or other regulatory authority, law enforcement agency or similar body;
• our professional advisers or consultants, including lawyers, bankers, auditors, accountants and insurers providing consultancy, legal, banking, audit, accounting or insurance services to us;
• any external auditors who may carry out independent checks of your file as part of our accreditations.
• We normally require any person or entity to whom we disclose your information to respect the confidentiality and security of your information and to treat it in accordance with applicable laws and regulations.

YOUR LEGAL RIGHTS

It is our policy to respect your rights as provided under the data protection laws and we will act promptly and in accordance with any applicable law, rule or regulation relating to the Processing of your information.

Details of your rights are set out below:

​​​​​​​Right to be Informed of the Use to Which Personal Data is Put – in ensuring individual autonomy and data protection, you have the right to know what information about you is processed by us; how it is used processed and disclosed along with the purpose for which the data is collected. ​​​​​​​

Right to Access Personal Data – you have a right to obtain confirmation of whether we are Processing your information, access to your information and information regarding how your information is being used by us. ​​​​​​​

Right to Object to Processing of PII-you have a right to object to Processing being carried out by us if it is contrary to any applicable law, rule or regulation relating to the Processing of your information.

1. Right to Data Portability – in certain circumstances you can request to receive a copy of your information in a commonly used electronic format. This right only applies to your information that you have provided to us.
2. Right to Deletion of False or Misleading Data – you have a right to request that certain information held by us is erased. This is not a blanket right to require all information to be deleted. We will consider each request carefully in accordance with the requirements of any laws relating to the processing of your information.
3. Right to Have Inaccurate Personal Data Rectified – you have a right to have any inaccurate or incomplete personal data rectified.

You may exercise any of your rights by using the contact details set out in Section 8 below. You will not have to pay a fee to access your information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these immediately aforementioned circumstances.

If you have any concerns about how your personal data is handled by us or wish to raise a complaint on how we have handled your personal data, you can contact us at corp.info@lafarge.com or contact rosemary.wakaba@lafarge.com to have the matter investigated. If you are not satisfied with our response or believe we are processing your personal data not in accordance with the law you can complain to the relevant regulatory authority in Kenya.

PERSONAL DATA CONTROLLER AND HOW CAN YOU CONTACT US IF YOU HAVE ANY QUESTION

Bamburi Cement PLC, its subsidiaries and affiliates will be responsible for and will control the processing activities of your personal information as the data controller.

If you have any questions about this Notice, including any requests to exercise your rights, please contact our data protection officer / data protection team using the contact details set out below:

Rosemary Wakaba

Legal, Compliance and Data Protection Officer

Bamburi Cement PLC

Kitui Road, Off Kampala Road

Industrial Area

P.O Box 10921 – 00100, Nairobi, Kenya

email: rosemary.wakaba@lafarge.com    

CHANGES TO THIS NOTICE

We may update this Notice from time to time subject to the applicable data protection laws. So you may wish to check back from time to time.