Yara Kenya operates the Site and is the controller for the processing of your personal data when you use the Site.
For more information about how Yara processes personal data, please see the public version of Yara's Data Privacy Directive for Customer, Supplier and Business Partner Data which form a part of Yara's Binding Corporate Rules.
1. How and when we collect personal data
We collect information about you when you use the Site and when you otherwise interact with us. We receive your information from the following sources, depending on how you interact with us:
- From our websites or mobile applications: As a point of departure, you can use the Site without revealing your identity. When you visit the Site or otherwise interact with us online, we collect information about your computer and your use of our website and applications by using cookies. We use this information for measuring, at an aggregated level, use of the Site in order to improve its content. We also collect personal data when you use our mobile applications or contact us through the website or application, such as for customer service purposes. Please see the section below about Cookies and similar technologies.
- Directly from you: We collect personal data directly from you when you interact with us, and choose to submit certain information to us, such as when you register a profile on our websites, sign up to receive a newsletter, login in to one of our websites or apps, fill out one of our web forms online, make a purchase, place an order or upload information to one of our portals.
- We may also collect your personal data when we receive an inquiry from you (for example in relation to customer service) and when processing your orders. Note that we are legally required to process some information (such as in relation to certain purchases) and sometimes we must ask you to provide certain information in order to be able to enter into and perform a contract with you.
- On some occasions we conduct online surveys to gain a better understanding of the needs and preferences of our visitors. Prior to conducting a survey, we will inform you of how we will use your personal data. Participating in a survey is voluntary and you are free to participate and provide your consent to the processing. You have the right to withdraw your consent at any time by contacting us at email@example.com.
- From our group of companies, dealers, business partners and other third parties: When you purchase a product, we may collect personal data relating to the transaction from our dealers for fulfilling the transaction. On your request, we may also import information from our dealers, business partners and other third parties.
- From your equipment: If you have signed up to use services that allow you to upload information from your device to one of our portals, we collect equipment data from your equipment or devices. We may also receive location data from your smartphone or other geo-aware device, provided that the equipment this is linked to a mobile application that you have downloaded or a user profile that you have registered with us.
2. Types of information and data we collect
When you use the website, we collect personal data and device information to the extent permitted by law. Personal data is information, or a combination of pieces of information, that can be used to identify you on an individual basis. Depending on the services you use and how you use the Site, we may collect the following categories of data: Contact information such as your name, address and e-mail address that you provide when you create a user account or fill out one of our web forms online. This information allows us to identify and communicate with you;
- Business data that allows us to help you optimize your businesses' operations, if you have a registered user account. This includes but is not limited to data relating to the name, location, size of your business, and other business-related information which will only be directly linked to you if you have a registered user account;
- Relationship information that helps us understand who you are and what you want in order to offer you products, technologies and services that may interest you, such as property, business information, your general location, and other demographic information in accordance with the rule of law. We collect this information when you interact with us or have a registered user account;
- Recruitment information that helps us determine your eligibility for the job that you apply for if you apply for a job with us, such as general contact information, CV, information about your education, competencies and skills, career and work experiences and other information such as picture, social security number, job certificates, work history, references and other relevant background information.
- Transaction information about how you interact with us, our dealers and business partners, including purchases, inquiries and customer accounts;
- Financial account information only as needed to complete your purchase;
- Device information and analysis such as information about the computers, phones or other devices that you use to visit the Site, depending on the permissions you have granted. We may associate the information we collect from your different devices, which helps us provide consistent service across your devices. This may for example be attributes such as your IP address, operating system, hardware version, device settings,and types and device identifiers. We may also collect connection information such as the name of your mobile operator or ISP, mobile advertising ID and mobile application ID, browser type, language, geo-location, time zone and date and time of visit on the Site. We may also collect information about your behavior on the Site, such as how long you stay and information about your scrolling and sharing behavior.
- Equipment data that is generated by, collected by, or stored in your equipment (software or hardware) or device interfacing with your equipment, including but not limited to the location of your equipment.
3. How Yara uses personal data
We use your personal data for the following purposes:
- Customer Service: to provide the products, technologies and services you request and to provide other services related to your order, such as product delivery, recommendations and maintenance. This includes but is not limited to actively providing individual reports and/or recommendations derived from the data that you have provided to Yara that are specifically relevant to you in respect of your business activities to improve customers’ productivity, quality and profitability;
- Product and Customer Support: to provide you with support, including to deliver upgrades and product improvement program communications, and for diagnostics and repairs, product safety and recalls;
- Marketing and communications: to provide you with communications, information and direct marketing of Yara's products, technologies and services, including for creating a profile that we use in order to provide you with targeted marketing offers, newsletters, product information, company magazines, catalogs, announcements or event invitations etc. that we deem are of your interest. When required by applicable law, we obtain your consent to such marketing. You may at any time reserve yourself from marketing via electronic communication by following instructions in those messages or by contacting us at firstname.lastname@example.org.
- Recruitment: for recruiting new Yara employees, if you have filed a job application through our job application portal accessible on yara.com or otherwise filed a job application with us. We use the information you include in your job application for determining your eligibility for the job that you apply for by assessing whether you are the ideal candidate for the position in question.
- Surveys and promotional events: to administer surveys, polls, loyalty programs and other promotional events; or
- Manage our everyday business needs: Such as for managing our websites and services, contract management, analytics, fraud prevention, corporate governance, reporting and legal compliance.
4. What is the legal basis on which Yara relies to process your data?
- On some occasions, we process your data when we need to do this to fulfil a contract with you (for example, for customer service or billing purposes) or where we are required to do this by law (for example, to comply with record keeping obligations).
- We also process your data when it is in our legitimate interests to do this and when these interests are not overridden by your rights to data protection. Such interests are typically to improve our products, technologies and services in order to increase customer satisfaction and to tailor our services to your particular preferences and needs.
- On some occasions, we process your data with your consent (for example, when you wish to receive newsletters or other marketing material from us). In such cases, you are free to withdraw your consent at any time by sending an email to email@example.com. Withdrawal of consent does not affect the lawfulness of the processing that has taken place on the basis of a consent prior to the withdrawal.
5. Why personal data are disclosed by Yara
We do not sell your personal data to marketing companies outside of Yara. We may only share your personal data as follows:
- With your consent, we may share your personal data with our carefully selected business partners;
- With other Yara group companies when necessary to meet a request from you, for assessing your job application for recruitment purposes or for entering into an employment contract with you or in other circumstances where sharing is necessary in order to meet your inquiry or for analytics and research to the extent such disclosure is necessary for achieving our legitimate interest in improving our products, technologies and services.
- With prospective buyers or sellers in the event that we sell or buy any business or asset;
- To protect and defend Yara (including enforcing any applicable terms and conditions); or
- For legal reasons to public authorities or governments when required by law, regulation, legal process or enforceable governmental request.
We may also share aggregated data with our business partners and group of companies for various purposes, such as for improving our recommendations for your business, for developing the Site, further developing the equipment, for system administration, statistics, research and analyses.
If you do not wish to provide your personal data to us, we may not be able to provide the products and services you request, or to inform you about other products and services offered by Yara.
6. Cookies and similar technologies
They also help us observe how our visitors use our web pages, and they enable us to design more usable pages and useful content.
We use first party cookies, third party cookies and third party requests. First party cookies are cookies set by us and can only be read by our site. By default, first-party cookies are allowed in every web browser. If you disable first-party cookies, a web site cannot keep track of your activity as you move from page to page. We use these types of first party cookies: session, http only, secure and persistent.
Third party requests are made from a user to an external service. Despite the fact that these requests don't set any cookies, they can still transfer information to third parties. For example, Google Analytics – a common tool for website analysis – which works through third party requests.
You may manage cookies in the settings of your web browser. Note that blocking cookies might stop our website from functioning properly.
7. Your choices
We give you choices about how we communicate with you.
- Email communications: You can stop receiving promotional email communications from Yara by following the opt-out instructions provided in such messages. You can also stop receiving promotional email communications from Yara by contacting us at firstname.lastname@example.org.
Please note that we will honor your request to stop receiving promotional electronic communications from Yara. However, we may continue to send you service-related communications such as emails confirming purchases through our websites. And we may keep information for record keeping, such as to ensure we fulfil the consumer requests and to send particular types of messages.
Note that you can manage how your mobile device can share location information with Yara, as well as how your mobile browser handles cookies and related technologies by adjusting your mobile device privacy and security settings. Please refer to the instructions provided by your mobile service provider or the manufacturer of your device to learn how to adjust your settings.
8. Your rights
You have the right to request access, rectification, restriction and deletion of your personal data held by Yara and receive a copy of your personal data in a structured machine-readable format. If you have a registered profile, you may at all times update, correct or delete information you have provided to us by using the Site. Inquiries regarding processing of personal data and access request shall be directed to the point of contact provided below.
You also have rights to object to some processing and, where we have asked for your consent to process your data, to withdraw this consent. Where we process your data because we have a legitimate interest in doing so (as explained above), you also have a right to object to this. These rights may be limited in some situations - for example, where we can demonstrate that we have a legal requirement to process your data.
Where we require personal data to comply with legal or contractual obligations, then provision of such data is mandatory: if such data is not provided, then we will not be able to manage our contractual relationship, or to meet obligations placed on us. In all other cases, provision of requested personal data is optional.
Your personal data will be retained for the length of any contractual relationship you have with us, and, to the extent permitted, after the end of that relationship for as long as necessary to perform the services set out in this notice. You can at any time send us a request to email@example.com and ask us to delete your user account.
9. Information security
Yara is concerned about your privacy and are committed to keeping personal data secure. We have implemented appropriate technical, physical and organizational measures to protect your personal data from loss, misuse or alteration. We limit access to personal data to those who have a business need.
10. Transfer of personal data to other countries
Transfer of personal data to a third country outside of the EEA that does not provide adequate protection will only take place if appropriate safeguards are provided, e.g., by Binding Corporate Rules, entering into EU Standard Contractual Clauses or if the receiving party is certified under the EU-US Privacy Shield.
When disclosing information to other parties as described in Section 5, we sometimes need to transfer personal data to a country outside the EEA, in order to be able to fulfil one of the purposes set out in Section 5. As an example, we may use a sub-processor established in the US when you fill out an online form, in order to meet your request. Such transfer will only take place provided that appropriate safeguards are adduced, as described above.
If you have any questions relating to this, please contact us at the contact point provided below.
Yara may transfer aggregated data to third parties (domestic and/or foreign) for the purposes of i) improving or developing the Site or any equipment related to specific services and ii) for the proper functioning of the Site and of the equipment.
11. Privacy Policies of third parties
12. Changes and amendments to this policy
If you do not want to continue your use of the Site following the said changes, you must discontinue your use of the Site and request Yara to close your account by contacting us at firstname.lastname@example.org or through the relevant portal, where applicable.
13. Jurisdiction and applicable law
14. How to contact us
The Company Secretary, Yara Kenya,12th floor, Crowne Plaza Hotel Annexe, Longonot Road, Upper Hill. Kenya.
If you have unresolved concerns you also have the right to complain to the supervisory authority competent to resolve such concerns according to applicable law or the public version of Yara's Data Privacy Directive for Customer, Supplier and Business Partner Data.
Effective date: 25 May 2018 / Last updated: 25 May 2018