Revised: January, 2023
As part of our operations, Nchitonet recruit (“Nchitonet recruit” or “the Company”) collects and processes certain types of information (such as names, telephone numbers, addresses, etc.) of individuals that make them easily identifiable. These individuals include current, past, and prospective employees, merchants, suppliers/vendors, customers of merchants, and other individuals whom Nchitonet recruit communicates or deals with, jointly and/or severally (“Data Subjects').
Maintaining the Data Subject’s trust and confidence requires that Data Subjects do not suffer negative consequences/effects as a result of providing Nchitonet recruit with their Personal Data. To this end, Nchitonet recruit is firmly committed to complying with applicable data protection laws, regulations, rules, and principles to ensure the security of Personal Data handled by the Company. This Data Privacy & Protection Policy (“Policy”) describes the minimum standards that must be strictly adhered to regarding the collection, use, and disclosure of Personal Data and indicates that Nchitonet recruit is dedicated to processing the Personal Data it receives or processes with absolute confidentiality and security.
This Policy applies to all forms of systems, operations, and processes within the Nchitonet recruit environment that involve the collection, storage, use, transmission, and disposal of Personal Data.
Failure to comply with the data protection rules and guiding principles set out by the Parliament of Zambia Data Protection Regulation, 2019 (ZDPR), as well as those set out in this Policy is a material violation of Nchitonet recruit’s policies and may result in disciplinary action as required, including suspension or termination of employment or business relationship.
This Policy applies to all employees of Nchitonet recruit, as well as to any external business partners (such as merchants, suppliers, contractors, vendors, and other service providers) who receive, send, collect, access, or process Personal Data in any way on behalf of Nchitonet recruit, including processing wholly or partly by automated means. This Policy also applies to third-party Data Processors who process Personal Data received from Nchitonet recruit.
General Principles for Processing of Personal Data
Nchitonet recruit is committed to maintaining the principles in the ZDPR regarding the processing of Personal Data.
To demonstrate this commitment as well as our aim of creating a positive privacy culture within Nchitonet recruit, Nchitonet recruit adheres to the following basic principles relating to the processing of Personal Data:
Lawfulness, Fairness, and Transparency
Personal Data must be processed lawfully, fairly, and in a transparent manner at all times. This implies that Personal Data collected and processed by or on behalf of Nchitonet recruit must be in accordance with the specific, legitimate, and lawful purpose consented to by the Data Subject, save where the processing is otherwise allowed by law or within other legal grounds recognized in the ZDPR.
Personal Data must be accurate and kept up to date. In this regard, Nchitonet recruit:
a. shall ensure that any data it collects and/or processes is accurate and not misleading in a way that could be harmful to the Data Subject;
b. make efforts to keep Personal Data updated were reasonable and applicable; and
c. make timely efforts to correct or erase Personal Data when inaccuracies are discovered.
Nchitonet recruit collects Personal Data only for the purposes identified in the appropriate Nchitonet recruit Privacy Notice provided to the Data Subject and for which consent has been obtained. Such Personal Data cannot be reused for another purpose that is incompatible with the original purpose, except a new Consent is obtained.
The purposes for which Nchitonet recruit will use your personal data include:
1. For the provision of services to you. For example, when you purchase any of our products or services, we will use your personal data to process your order.
2. For customer care and billing. When you use our products or services, we will use your personal information to bill you and to respond to inquiries and concerns that you may have about our products and services.
3. Customer service messages. We will use your personal data to keep you updated with the latest information or changes about our products and services.
4. For marketing purposes. In order to serve you better, we will use your personal data to market our products and services to you.
5.Fraud prevention and security. We will process your personal and traffic data in order to protect you against and detect fraud, to protect and detect misuse or damage to our platform.
6.Managing our platform and understanding platform usage. We do this to manage the volume of jobs and to understand how you use our platform, products, and services.
1. Nchitonet recruit limits Personal Data collection and usage to data that is relevant, adequate, and absolutely necessary for carrying out the purpose for which the data is processed.
2. Nchitonet recruit will evaluate whether and to what extent the processing of personal data is necessary and where the purpose allows, anonymized data must be used.
Integrity and Confidentiality
1. Nchitonet recruit shall establish adequate controls in order to protect the integrity and confidentiality of Personal Data, both in digital and physical format, and to prevent personal data from being accidentally or deliberately compromised.
2. Personal data of Data Subjects must be protected from unauthorized viewing or access and from unauthorized changes to ensure that it is reliable and correct.
3. Any personal data processing undertaken by an employee who has not been authorized to carry such out as part of their legitimate duties is unauthorized.
4. Employees may have access to Personal Data only as is appropriate for the type and scope of the task in question and are forbidden to use Personal Data for their own private or commercial purposes or to disclose them to unauthorized persons, or make them available in any other way.
5. The Human Resources Department must inform employees at the start of the employment relationship about the obligation to maintain personal data privacy. This obligation shall remain in force even after employment has ended.
Personal Data Retention
1. All personal information shall be retained, stored, and destroyed by Nchitonet recruit in line with legislative and regulatory guidelines. For all Personal Data and records obtained, used, and stored within the Company, Nchitonet recruit shall perform periodical reviews of the data retained to confirm the accuracy, purpose, validity, and requirement to retain.
2. To the extent permitted by applicable laws and without prejudice to Nchitonet recruit’s Document Retention Policy, the length of storage of Personal Data shall, amongst other things, be determined by:
A. the contract terms agreed between Nchitonet recruit and the Data Subject or as long as it is needed for the purpose for which it was obtained; or
B. whether the transaction or relationship has statutory implication or a required retention period; or
C. whether there is an express request for deletion of Personal Data by the Data Subject, provided that such request will only be treated where the Data Subject is not under any investigation which may require Nchitonet recruit to retain such Personal Data or there is no subsisting contractual arrangement with the Data Subject that would require the processing of the Personal Data; or
D. whether Nchitonet recruit has another lawful basis for retaining that information beyond the period for which it is necessary to serve the original purpose.
Notwithstanding the foregoing and pursuant to the ZDPR, Nchitonet recruit shall be entitled to retain and process Personal Data for archiving, scientific research, historical research, or statistical purposes for the public interest.
3. Nchitonet recruit would forthwith delete Personal Data in Nchitonet recruit’s possession where such Personal Data is no longer required by Nchitonet recruit or in line with Nchitonet recruit’s Retention Policy, provided no law or regulation is in force that requires Nchitonet recruit to retain such Personal Data.
Nchitonet recruit demonstrates accountability in line with the ZDPR obligations by monitoring and continuously improving data privacy practices within Nchitonet recruit.
Any individual or employee who breaches this policy may be subject to internal disciplinary action (up to and including termination of their employment), and may also face civil or criminal liability if their action violates the law.
Data Privacy Notice
1. Nchitonet recruit considers Personal Data as confidential and as such must be adequately protected from unauthorized use and/or disclosure. Nchitonet recruit will ensure that the Data Subjects are provided with adequate information regarding the use of their Personal Data as well as acquire their respective Consent, where necessary.
2. Nchitonet recruit shall display a simple and conspicuous notice (Privacy Notice) on any medium through which Personal Data is being collected or processed.
The following information must be considered for inclusion in the Privacy Notice, as appropriate in distinct circumstances in order to ensure fair and transparent processing:
A. Description of collectible Personal Data;
B. Purposes for which Personal Data is collected, used, and disclosed;
C. What constitutes Data Subject’s Consent;
D. Purpose for the collection of Personal Data;
E. The technical methods used to collect and store the information;
F. Available remedies in the event of a violation of the Policy and the timeframe for remedy; and
G. Adequate information in order to initiate the process of exercising their privacy rights, such as access to, rectification, and deletion of Personal Data.
3. Nchitonet recruit’s Privacy Notice is available on Nchitonet recruit’s website via this link.
Legal Grounds For Processing Of Personal Data
The personal data we collect from our customers and how we collect it depends on the services that our customers subscribe to, how they use our services and how they interact or interface with us. This also applies to persons who are not customers of Nchitonet recruit but have interacted with Nchitonet recruit. We may also obtain your personal data from a third party with permission to share it with us.
Please note that we only process your personal data based on the grounds set out in the ZDPR. Accordingly, in line with the provisions of the ZDPR, the processing of Personal Data by Nchitonet recruit shall be lawful if at least one of the following applies:
A. where you give us consent to the processing of your Personal Data for one or more specific purposes. You are at liberty to withdraw the consent and Nchitonet recruit will cease to process your Personal Data where there is no other basis to do so.
B. Where the processing is necessary for the performance of a contract to which the Data Subject is party or in order to take steps at the request of the Data Subject prior to entering into a contract;
C. processing is necessary for compliance with a legal obligation to which Nchitonet recruit is subject;
D. processing is necessary in order to protect the vital interests of the Data Subject or of another natural person; and
E. processing is necessary for the performance of a task carried out in the public interest or in the exercise of official public mandate vested in Nchitonet recruit.
We collect your personal data when you do any of the following:
A. Buy or use any of our products and services;
B. Use our network or other Nchitonet recruit products and services;
C. Register for a specific product or service;
D. Fill in your information on our KYC registration form, self-service applications, social media platforms;
E. Visit or browse our website;
F. Have given permission to other companies to share information about you;
G. Where your information is publically available;
H. Are the customers of a business we acquire or;
I. Take part in a competition, prize draw, or survey
Personal data we have about our customers, where applicable include name, phone number, address, sex, photograph, ID card number, fingerprint, educational information, job experiences, signature, etc.
Where the processing of Personal Data is based on consent, Nchitonet recruit shall obtain the requisite consent of Data Subjects at the time of collection of Personal Data. In this regard, Nchitonet recruit will ensure:
A. that the specific purpose of collection is made known to the Data Subject and the Consent is requested in clear and plain language;
B. that the Consent is freely given by the Data Subject and obtained without fraud, coercion, or undue influence;
C. that the Consent is sufficiently distinct from other matters to which the Data Subject has agreed;
D. that the Consent is explicitly provided in an affirmative manner;
E. that Consent is obtained for each purpose of Personal Data collection and processing; and
F. that it is clearly communicated to and understood by Data Subjects that they can update, manage or withdraw their consent at any time.
1. For Consent to be valid, it must be given voluntarily by an appropriately informed Data Subject. In line with regulatory requirements, Consent cannot be implied. Silence, pre-ticked boxes, or inactivity does not constitute Consent under the ZDPR.
2. Consent in respect of Sensitive Personal Data must be explicit. A tick of the box would not suffice.
Consent of Minors
In the unlikely event that we deal with minors, the consent of minors will always be protected and obtained from minors’ representatives in accordance with applicable regulatory requirements.
Data Subject Rights
1. All individuals who are the subject of Personal Data held by Nchitonet recruit are entitled to the following rights:
a. Right to request for and access their Personal Data collected and stored. Where data is held electronically in a structured form, such as in a database, the Data Subject has a right to receive that data in a common electronic format;
b. Right to information on their personal data collected and stored;
c. Right to objection or request for restriction;
d. Right to object to automated decision making;
e. Right to request rectification and modification of their data which Nchitonet recruit keeps;
f.Right to request for deletion of their data, except as restricted by law or Nchitonet recruit’s statutory obligations;
g. Right to request the movement of data from Nchitonet recruit to a Third Party; this is the right to the portability of data; and
h. Right to object to, and to request that Nchitonet recruit restricts the processing of their information except as required by law or Nchitonet recruit’s statutory obligations.
I. To opt out of marketing and unsolicited messages:
If you no longer want to receive marketing messages from Nchitonet recruit, you can choose to opt out at any time. If you’ve previously opted in to receive personalized content based on how and where you use our platform, you can also opt out at any time.
There are various ways to opt out:
2. Nchitonet recruit’s well-defined procedure regarding how to handle and answer Data Subject’s requests are contained in Nchitonet recruit’s Data Subject Access Request Policy.
3. Data Subjects can exercise any of their rights by completing the Nchitonet recruit’s Subject Access Request (SAR) Form and submitting it to the Company via Nchitonet or Nchitonetsocial@gmail.com
Transfer of Personal data
Third-Party Processor within Nigeria
Nchitonet recruit may engage the services of third parties in order to process your Personal Data collected by us. The processing by such third parties shall be governed by a written contract with Nchitonet recruit to ensure adequate protection and security measures are put in place by the third party for the protection of Personal Data in accordance with the terms of this Policy and the ZDPR. We may also share your personal data with law enforcement agencies where required by law to do so.
Where applicable, Nchitonet recruit will share your information with:
1. Partners, suppliers, or agents involved in delivering the products and services you’ve ordered or used. For example, when you apply for a job, your job request may be handled by our business partner who is bound by contract to protect your personal data.
2. Law enforcement agencies, government bodies, regulatory organizations, courts, or other public authorities if we have to, or are authorized to by law. For example, under the Cybercrimes Act, a law enforcement agency may request a service provider to keep or release any traffic data, subscriber information, content, or non-content information. This is however for law enforcement purposes only.
3. A third party or body where such disclosure is required to satisfy any applicable law or other legal or regulatory requirements e.g to detect or prevent fraud or the commission of any other crime.
4. A merging or acquiring entity where we undergo business reorganization e.g merger, acquisition, or takeover.
Transfer of Personal Data to Foreign Country
1. Where Personal Data is to be transferred to a country outside Zambia, Nchitonet recruit shall put adequate measures in place to ensure the security of such Personal Data. In particular, Nchitonet recruit shall, among other things, conduct a detailed assessment of whether the said country is on The Zambia Information and Communications Technology Authority (ZICTA) White List of Countries with adequate data protection laws.
2. Transfer of Personal Data out of Zambia Would be in accordance with the provisions of the ZDPR. Nchitonet recruit will therefore only transfer Personal Data out of Zambia on one of the following conditions:
A. The consent of the Data Subject has been obtained;
B. The transfer is necessary for the performance of a contract between Nchitonet recruit and the Data Subject or implementation of pre-contractual measures taken at the Data Subject’s request;
C. The transfer is necessary to conclude a contract between Nchitonet recruit and a third party in the interest of the Data Subject;
D. The transfer is necessary for reason of public interest;
E. The transfer is for the establishment, exercise, or defense of legal claims;
F. The transfer is necessary in order to protect the vital interests of the Data Subjects or other persons, where the Data Subject is physically or legally incapable of giving consent.
Provided, in all circumstances, that the Data Subject has been manifestly made to understand through clear warnings of the specific principle(s) of data protection that are likely to be violated in the event of transfer to a third country, this proviso shall not apply to any instance where the Data Subject is answerable in duly established legal action for any civil or criminal claim in a third country.
Nchitonet recruit will take all necessary steps to ensure that the Personal Data is transmitted in a safe and secure manner. Details of the protection given to your information when it is transferred outside Zambia Shall be provided to you upon request.
3. Where the recipient country is not on the White List and none of the conditions stipulated in Section 2 of this Policy is met, Nchitonet recruit will engage with ZBDR and the Attorney-General of the Federation for approval with respect to such transfer.
Our website uses Google Analytics, a web analytics service provided by Google, Inc. (Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland). Such use includes the 'Universal Analytics' mode of operation. This makes it possible if a user is logged into a Google service, to assign data, sessions, and interactions across multiple devices to a pseudonymous user ID and thus to analyze the user's activities across such devices.
If you wish to prevent the collection of data regarding your activity on our website by Google Analytics, you can use Google Analytics opt-out browser add-on available at https://tools.google.com/dlpage/gaoptout/. You can also prevent the storage of cookies by adjusting your browser software accordingly.
Related Policies and Procedures
What are Cookies?
Cookies are messages or small files that are placed on your web browser when you visit an internet site. Cookies are useful and do a lot of different things, including allowing a website to recognize a user’s device, improving the online experience, etc.
Cookies enable us to offer tailored products and to understand the information we receive about you, including information about your use of other websites and apps, whether or not you have an account with us.
Cookies help us provide, protect and improve our products and services, by personalizing, tailoring, and measuring the services and products we provide for a satisfactory and safe experience. We also use them to help authentication of users, assess the performance and functionality of our online products and services, and do analytical research.
We use two types of cookies: persistent cookies and session cookies. A persistent cookie lasts beyond the current session and is used for many purposes, such as recognizing you as an existing user, so it’s easier to return to Nchitonet recruit and interact with our Services without signing in again. Since a persistent cookie stays in your browser, it will be read by Nchitonet recruit when you return to one of our sites or visit a third-party site that uses our Services. Session cookies last only as long as the session (usually the current visit to a website or a browser session).
Website Privacy Notice
What is this Privacy Notice for?
Nchitonet recruit (“Nchitonet recruit”, “the Company”, or “We”) values your Personal Data and we are committed to protecting your privacy whenever you interact with us. Please read this Privacy Notice (Notice) to understand our policies, processes, and procedures regarding the processing of your personal data.
By this Notice, We explain to you how your Personal Data is collected, used, managed, and transferred by Nchitonet recruit and also explain how you can update your Personal Data with us and exercise your rights in respect of the Personal Data provided to us.
The Personal Data that we collect
We collect Personal Data that you give to us, for example, where you create an account with us, request further information about our product, fill out a form, apply for a job through our website or subscribe to newsletters on our website.
What Purpose do we use your Personal Data?
We may process your Personal Data to communicate with you (including sending marketing or promotional materials to you), provide you with further information about our products and how we can serve you better, respond to your purchase orders or requests; process your application for employment with Nchitonet recruit or to fulfill our contractual obligations with you. We may also process your Personal Data to comply with provisions of applicable laws.
What Constitutes your Consent?
Where the processing of Personal Data is based on consent, We shall obtain the requisite consent at the time of collection of the Personal Data. In this regard, you consent to the processing of your Personal Data when you access our platforms or use our services, content, features, technologies, or functions offered on our website or other digital platforms. You can withdraw your consent at any time but such withdrawal will not affect the lawfulness of processing based on consent given before its withdrawal.
Who do we share your Personal Data with?
We respect your privacy and we limit the disclosure of your Personal Data to third parties. We do not sell, give or trade any Personal Data that We obtain from you to any third party for data-mining or marketing purposes. However, We may share your Personal Data with companies within Nchitonet recruit, service providers engaged by us to provide services to Nchitonet recruit subject to appropriate data security and protection. In addition, We may transfer your Personal Data out of Zambia In line with the requirements of the Zambia Data Protection Regulation, Act No. 3 of 2021. We may also share your information where there is a regulatory or statutory obligation to disclose such Personal Data in accordance with provisions of applicable laws.
Security of your Personal Data
We take the security of your Personal Data seriously and We make every effort to keep your Personal Data secure. We have put in place technological and organizational procedures, including requiring our staff and any third parties who carry out any work on our behalf to comply with appropriate security standards in order to protect your Personal Data.
Retention of your Personal Data
We take appropriate measures to ensure that your Personal Data is only Processed for the minimum period necessary in line with the purposes set out in this Notice or as required by applicable laws until a time it is no longer required or has no use. Once your Personal Data is no longer required, We destroy it in a safe and secure manner.
Nchitonet recruit collects Personal Data only for the purposes identified in this Policy and such information cannot be reused for another purpose that is incompatible with the original purpose.
You can exercise the following rights with respect to your Personal Data with Nchitonet recruit:
A. request for and access your Personal Data collected and stored by Nchitonet recruit;
B. withdraw consent at any time. For example, you can withdraw your consent to the receipt of our marketing or promotional materials or unsubscribe to our newsletters;
C. object to automated decision making;
D. request rectification and modification of Personal Data kept by Nchitonet recruit;
E. request for deletion of your Personal Data;
F. be informed of and entitled to provide consent prior to the processing of Personal Data for purposes other than that for which the Personal Data was collected;
G. request that Nchitonet recruit restricts processing of your Personal Data; and
H. request for information regarding any specific processing of your personal data.
If you wish to exercise any of these rights you may contact our Data Protection Commissioner (DPC) using the contact details provided below. You also have the right to complain to the The Zambia Information and Communications Technology Authority (ZICTA) if you believe that we have violated your privacy rights.
Changes to our Privacy Notice
Contact & Communication
If you would like further information on this Notice, or to contact our DPC, you may contact us at Nchitonet recruit, Africa Works complex, 4 Bishops Rd, Lusaka 10101, Zambia. or at Nchitonetsocial@gmail.com or Nchitonet@gmail.com
Changes to the Policy
Nchitonet recruit reserves the right to change, amend or alter this Policy at any point in time. If we amend this Policy, we will provide you with the updated version.
If you have questions or complaints regarding this Policy, you can also reach us by sending mail to the following email addresses:
Nchitonetsocial@gmail.com or Nchitonet@gmail.com