5. What personal data do we collect about you
Fertility Point collects Personal Data directly from you as well as from other
available sources to the extent permitted by law. Fertility Point endeavors only
to
collect Personal Data that is necessary for the purpose (s) for which it is
collected and to retain such data for no longer than necessary for such purpose
(s).
Subject to applicable law and practice, the categories of Personal Data that are
typically collected and processed are:
Category of Data Subject |
Type of Data Collected |
Prospective clients |
Name, Nationality, postal address, postal code and town, telephone no.,
email address, mobile no., pin no., ID no., Occupation/Nature of
business,
source of income, current permanent address, spouse/partner names, dates
of
birth, height, and weight, next of kin details, confidential medical
history. |
Clients and their Spouse/Partner |
Name, telephone number, email address, date of birth/birth certificates,
health insurance details, employer, confidential medical history, blood
type, diagnosis and treatment notes, fingerprints, |
Third party service providers |
Name, telephone numbers, email addresses, postal address, identification
details such as ID/Passport number, gender, passport photos,
information contained in your curriculum vitae (CV) such as
work/employment
history including details of your employment background, position, work
experience, skills, competencies;
- Information relating to your job expectations
- Education history including degrees, certificates, transcripts
- Your current and
expected compensation i.e., your salary and benefits
- Referee names and
contact details
- Questions and responses
given during interviews, interview video recordings
- Interview notes and
related documentation
- Background checks and
psychometric test results
- Information from
referees
It is important to point out that we may amend this
Privacy Policy from time to time. Please
visit this page if you want to stay up to date, as we
will post any changes here.
|
Job applicants |
- Information relating to your job expectations
- Education history including degrees, certificates, transcripts
- Your current and
expected compensation i.e., your salary and benefits
- Referee names and
contact details
- Questions and responses
given during interviews, interview video recordings
- Interview notes and
related documentation
- Background checks and
psychometric test results
- Information from
referees
It is important to point out that we may amend this
Privacy Policy from time to time. Please
visit this page if you want to stay up to date, as we
will post any changes here.
|
Website users |
IP address, access sites, the sites linked from, pages visited, cookies
and
online identifiers, the links and features used, the content viewed or
requested, browser or application type, language, and such other
information. |
6. How and for what purpose do we collect your personal data?
Prospective clients
How we collect your data |
Purpose of collecting data |
- Directly from you when
you fill out: -
- Registration forms
- Email
- Fertility Point Website
- When you send an email
or call us
- When you give the
information directly to our medical staff
|
- Assess your eligibility
for various treatment options
- Assess your eligibility
for payment plans
- To comply with legal
requirements
- To respond to requests
from public and governmental authorities (including
those outside your country of residence).
- To establish and defend
legal rights.
- To pursue available
remedies or limit our damages.
- To provide marketing
information to you (including information about
other products and services offered by selected
third-party partners) in accordance with the
preferences you have expressed.
|
Clients and Spouses
How we collect your data |
Purpose of collecting data |
- Directly from you when
you fill out:
- Registration forms
- Consent forms
- When you give medical
history and other relevant information directly to
our staff
- When you contact us
through phone calls
- Letters
- Emails
- Invoices
- Discharge Voucher
- Indirectly through:
- Doctor’s treatment
notes/medical reports and medical tests
- Indirectly through:
- Referral notes from other
medical facilities
|
- To provide you with
medical services such as inpatient and outpatient
services.
- To facilitate payment for
medical services.
- To determine whether you
qualify for various treatment options.
- To facilitate handling
and resolution of medical-related complaints.
- To obtain consent to
process data concerning your children and other
sensitive personal data.
- To use your personal data
to provide marketing information to you (including
information about other products and services
offered by selected third-party partners) in
accordance with the preferences you have expressed.
- To comply with applicable
laws and regulatory obligations (including laws
outside your country of residence).
- To comply with legal
process and respond to requests from public and
governmental authorities (including those outside
your country of residence).
- To establish and defend
legal rights; protect our operations, our rights,
privacy, safety, or property, and/or that of our
group companies, you, or others.
- To pursue available
remedies or limit our damages.
|
Third Party Service Providers
How we Collect your Data |
Purpose of collecting data |
- Directly through emails,
phone calls and letters to us
- Indirectly through
- Our procurement portal
- Our human resource and
procurement representatives
|
- To assess your
suitability for the role applied.
- To communicate with you
about the progress of your application.
- To facilitate the
training process.
- To onboard you as
Fertility Point's authorized service provider.
- To maintain records in
relation to the recruitment process according to our
data retention policy, develop and improve our
recruitment processes, website, and other related
services.
- If you are hired, for
populating your file and various systems and tools
used in connection with your service provision at
Fertility Point.
- To comply with any legal
obligations imposed on us.
- To facilitate handling
and resolution of complaints.
|
Job Applicants
How we Collect your Data |
Purpose of collecting data |
- Directly through emails,
phone calls and letters to us
- Indirectly through
- Our procurement portal
- Our human resource and
procurement representatives
|
- To assess your
suitability for the role applied.
- To communicate with you
about the progress of your application.
- To onboard you as
Fertility Point’s employee
- To onboard you as
Fertility Point's authorized service provider.
- To maintain records in
relation to the recruitment process according to our
data retention policy, develop and improve our
recruitment processes, website, and other related
services.
- If you are hired, for
populating your file and various systems and tools
used in connection with your employment at Fertility
Point
- To comply with any legal
obligations imposed on us.
- To facilitate handling
and resolution of complaints.
|
Fertility Point does not usually request for sensitive personal information, that
is, information regarding your race, ethnicity, political opinions, religion and
religious beliefs, details of your spouse or children, sexual orientation or
political affiliation. Unless specifically responding to a question asked by us,
please do not include sensitive personal data as part of your application. If we
do require this information in connection with your application, this will be
highlighted to you where we will obtain necessary consents and acknowledgements.
Fertility Point is committed to leveraging each applicant’s skills and
competencies to find the right match for a role in the organization as
opportunities arise.
If you are successfully hired, Fertility Point keeps this information for the
course of the employment relationship and, to the extent permitted, after the
termination of employment.
If your application is not successful, we may retain and use your personal data
for a further one (1) year to consider you for other job opportunities where
permitted by applicable law and/or for as long as necessary to comply with legal
record retention requirements. if you do not wish us to retain your personal
data, please contact us on privacy@fertilitypoint.co.ke
Website users
How we Collect your Data |
Purpose of collecting data |
- Online identifiers such
as cookies and related tags, IP address
|
- To improve your
experience when using our website.
- To position our services
on social media sites that you visit.
|
7. Our lawful basis for processing your personal data
Fertility Point only processes your personal data under the following lawful
basis:
- Where you consent to the processing
for one or more specified purposes and;
- Where the processing is necessary: -
- For the performance of a contract to
which you are a party or to take certain steps at your request
before entering a contract;
- For compliance with any legal
obligation to which Fertility Point is subject;
- To protect your vital interests or
another person/individual;
- To enable us to perform a task
carried on in public interest or in the exercise of official
authority vested in Fertility Point;
- To perform any task carried out by a
public authority;
- For legitimate interests pursued by
Fertility Point by a third party to whom the data is disclosed,
except if the processing is unwarranted in any case having
regard to the harm and prejudice to your rights and freedoms or
legitimate interests;
- For purpose of historical,
statistical, journalistic, literature and art or scientific
research.
8. Who do we share your personal data with?
Where appropriate, we may share your personal data in various ways and for
various reasons with:
- Appropriate personnel within
Fertility Point.
- Individuals and organizations who
hold information related to your reference or application to
work for us, such as current, past, or prospective employers,
educators and examining bodies.
- Health care regulators or other
authorities when we believe in good faith that the law or other
regulations requires us to share this data
- Third-party service providers who
perform functions on our behalf (including medical
professionals, accountants, actuaries, auditors, outsourced
legal services, insurance service providers, call center service
providers; IT systems, support and hosting service providers;
printing, advertising, marketing and market research and
analysis service providers; banks and financial institutions
that service our accounts; document and records management
providers; construction consultants; engineers and document
storage providers where we have an appropriate processing
agreement (or similar protections) in place.
9. Who do we safeguard your personal data?
- We care about protecting your
information. That is why we have put in place appropriate
measures that are designed to prevent unauthorized access to,
and misuse of, your personal data.
- We do this by having in place a range
of appropriate technical and organizational measures including
measures to deal with any suspected breaches.
- If you suspect any misuse or loss of
or unauthorized access to your personal data, please let us know
immediately by sending us an email on
privacy@fertilitypoint.co.ke
10. How long do we keep your personal data?
- We will only keep your personal data
for as long is necessary to achieve the purposes for which it
was required unless the retention is required or authorized by
law, reasonably necessary for a lawful purpose, you have
consented to longer retention periods or if the personal data is
required for statistical, journalistic, literature and art or
research purposes.
- For the avoidance of doubt
- If you are a Client or Third-Party
Service Provider, we will retain your personal data to provide
you with services or to receive services from you or to provide
you with information about our services that we believe you may
be interested in. If you have expressly indicated that you would
prefer that we do not retain your personal data, then we will
delete it from our systems and records.
- If you are a Prospective Client, Job
Applicant or Member of the Public and we have not had any
meaningful contact with you for a period of two years, we will
delete your personal data from our systems unless we believe in
good faith that the law or other regulation requires us to
preserve it (for example because of our obligations to tax
authorities or in connection with any anticipated litigation).
If you expressly indicate that you are not interested in our
services, then we will delete your personal data from our
systems unless we believe in good faith that the law or other
regulation requires us to preserve it. For purpose of this
clause, “meaningful contact” means communication between us
either verbal or written.
- If you are a Website User, we will
retain your personal data for as long as it is necessary to
achieve the purpose it was collected or processed for. If this
time has come or you have expressly indicated that you are not
interested in our website or mobile app services anymore, we
will delete it from our systems unless we believe in good faith
that the law or other regulation requires us to preserve it for
example because of our obligations to tax authorities or in
connection with any anticipated litigation).
11. What happens if you do not provide us with the personal data we request or
ask that we stop processing your personal data?
Our ability to perform our obligations derived from your contract with Fertility
Point and our ability to comply with our legal and contractual obligations
sometimes depends on Fertility Point accessing and being able to use certain
personal data. Therefore, and depending on the circumstances, if you do not
provide us with the personal data we request or if you ask that we stop
processing your personal data, we may not be able to perform our contractual
obligations, we may be in breach of one or more legal obligations applicable to
us. In some cases, if we are not allowed to process your personal data, this may
result in us being required to terminate our work relationship with you.
12. What rights do you have over your data?
The Data Protection Act accords you with several rights over your data.
- Right to information : You
have a right to be informed of how Fertility Point will use your
personal data.
- Right of access : You are
entitled to access your personal data that is in our possession
or custody.
- Right to object : You can
object to the processing of all part of your personal data,
unless we can demonstrate a compelling legitimate interest for
the processing which overrides your interests or for the
establishment, exercise or defence of a legal claim.
- Right to rectification : You
have the right to request us to rectify or correct, without
undue delay, personal data in our possession or under our
control that is inaccurate, outdated, incomplete or misleading
- Right to erasure : You can
request us to delete or destroy, without undue delay personal
data that we are no longer authorized to retain, or which is
irrelevant, excessive, or obtained unlawfully.
- Right to data portability :
You have the right to receive personal data concerning you in a
structured, commonly used and machine-readable format and to
transmit the data to another data controller without hindrance.
Where technically possible. have personal data transmitted
directly from us to another data controller or data processor.
- Automated decision making :
You have the right not to be subjected to a decision based
solely on automated processing, including profiling, which
produces legal effects concerning or that significantly affects
you. Fertility Point may from time to time make decisions based
on the automated processing of your personal data. In such
instances, you will be informed, in writing, whenever a decision
based on automated processing is taken. In addition, you can
request us to reconsider any decisions made based on automated
processing or to take a new decision that is not based solely on
automated processing.
- Right of restriction : You
have the right to request us to restrict the processing of
personal data where: -
A. You contest the accuracy of the personal data
B. The personal data is no longer required for the
purpose of the processing
C. The processing is unlawful of you have opposed the
erasure of the personal data and requested for
restriction of its use instead.
D. you have objected to the processing of personal data,
pending verification as to whether the legitimate
interests of the data controller or data processor
override those of the data subject.
- Right to raise a complaint :
You can raise a complaint about our processing with the
Regulator i.e. the Data Commissioner in Kenya. You may also be
able to seek a remedy through the courts if you believe that
your rights have been breached.
- If you wish to exercise any of our
rights above, please contact us on privacy@fertilitypoint.co.ke.
We will seek to deal with your request without undue delay and
in any event, in accordance with the Data Protection Act, 2019
and the Data Protection (General) Regulations, 2021.
- We may ask for identification,
because we need to know for certain whether we are issuing the
data to the right person
13. How we transfer your data internationally?
- To provide you with the best
services and carry out the purposes outlined in this Privacy
Policy, your data will be transferred:
- To third party advisors or other
suppliers to the Fertility Point’s business
- To overseas clients, where
applicable
- Clients within your country, where
applicable, who may in turn transfer your data internationally
- To a cloud-based storage provider
- To other third parties as stated in
clause 9 of this Privacy Policy
- We will only transfer your personal
data outside Kenya where such transfer is compliant with the
provisions of the Data Protection Act 2019 and the Data
Protection (General) Regulations,2021
- To ensure that your personal data
receives adequate levels of protection, we shall put in place
appropriate procedures with the third parties we share your
personal data with to ensure that your personal information is
treated by those third parties in a way that is consistent with,
and which respects the data protection laws.
14. What are cookies and how do we use them?
- A "cookie" is a bite-sized piece of
data that is stored on your computer's hard drive. They are used
by nearly all websites and do not harm your system. We use them
to track your activity to help ensure you get the smoothest
possible experience when visiting our website. We can use the
information from cookies to ensure we present you with options
tailored to your preferences on your next visit. We can also use
cookies to analyze traffic and for advertising purposes.
- If you want to check or change what
types of cookies you accept, this can usually be altered within
your browser settings, or you visit our Cookie Preference
Center.
- When you first visit our website(s)
you will be asked to choose what kind of cookies you want to
receive, so we ask for your prior consent for some cookies
through our Cookies Preference Center while strictly necessary
cookies will be set within our legitimate interests. You may
also use your browser’s privacy settings to do this. However,
rejecting all cookies through your browser’s privacy settings
means that you may not be able to take full advantage of all our
website's features. Each browser is different, so check the
"Help" menu of your browser to learn how to change your cookie
preferences.
- You can update your given consent at
any time by visiting our Cookie Preference Center which can be
found by clicking on the “Cookie Preferences” link either on the
top or bottom of our website. Instead of using our Cookie
Preference Center you may choose to opt-out to cookies which are
not strictly necessary to perform basic features of our site by
changing your browser settings.
- If you choose to delete all cookies
through your browser’s privacy settings, this will also delete
any placed opt-out cookie on your computer, and you may need to
actively opt-out again.
15. Your responsibilities
- You are responsible for the
information you make available to Fertility Point, and you must
ensure it is accurate, honest, truthful, and not misleading in
any way. You must ensure that the information does not contain
material that is obscene, defamatory, or infringing on any
rights of any third party.
- Further, if you provide any
information concerning any other person, such as individuals you
provide as references or next of kin, you are responsible for
providing any notices and obtaining any consents necessary for
Fertility Point to collect and use that information before you
provide the referee’s or next of kin’s Personal Data to
Fertility Point.
16. To whom should i direct a question a complaint
If you have any questions or complaints about the processing of personal data,
you can contact Fertility Point on privacy@fertilitypoint.co.ke