Privacy Policy

1 About this Privacy Notice

At MSF we make sure we protect the information you give us. References to “MSF”/“we”/“us”/”our” are to Médecins Sans Frontières Switzerland, 140 route de Ferney, Case Geneva, Switzerland.

This privacy notice is written in accordance with relevant data protection legislation including the Kenya Data Protection Act and the European Union’s General Data Protection Regulation (the “GDPR”); Please read it carefully. You are under no obligation to provide us with personal information of any kind, however your refusal to do so may prevent you from using certain futures of the site.

MSF is the data controller in respect to the collection and use of your personal information. This is because we dictate the purpose for which your personal information is used and how we use your personal information.

By providing MSF with your personal information, you consent to the collection, use, disclosure, and retention of that information by MSF in accordance with this privacy notice and as otherwise permitted by applicable law. You may withdraw your consent at any time, subject to legal or contractual restrictions and on reasonable notice to MSF, but then you might not be able to proceed with your intended interactions or transactions with MSF or otherwise receive the full benefit of MSF’s services.

This privacy notice explains how we collect, use, disclose, and safeguard your personal information when you visit our websites.

In this privacy notice, “personal information” means information about you and which identifies you, such as your name and email address, but does not include (to the extent permitted by law) information that is publicly available in a telephone directory or that is the business contact information that enables an individual to be contacted at a place of business.

We reserve the right to make changes to this privacy notice at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of this privacy notice. Any changes or modifications will be effective immediately upon posting the updated privacy notice on the site. You are thus encouraged to periodically review this privacy notice to stay informed of updates.

Please note that this privacy notice only applies to the website www.MombasaKeyPopStudy.com and not to websites of other organizations that we may be associated with or that may be associated with us. Additionally, this privacy notice does not apply to any offline communication between you and MSF nor does it apply to any data you provide in the course of your participation with the Mombasa Key Pop Study.

If you have any questions, please contact our Data Protection Officer at OCG.gva@geneva.msf.org.

2 Collection of your information 

MSF may collect information from you in various ways when you use our website:

• when you give it to us directly

• when you give it to us indirectly

• when you give it to us via social media

• through cookies

Active information collection

You may directly give us personal information when you communicate with us, sign up for feedback, leave a comment on our social media accounts, or contact us via e-mail.  Actively we may specifically collect:

• Personal data: We may specifically collect your name, phone number or e-mail address, and other information you give us when you submit a request, comment, or other form of communication.

• Data from surveys: Personal and other information you may provide when responding to surveys. Please note that any data you provide as part of your participation in the Mombasa Key Pop Study is protected separately by an ‘information and consent’ process approved by the Kenya Institute of Medical Research. This Privacy Policy does not pertain to these survey data.

Passive information collection

Derivative data: As you navigate through our website, certain anonymous information and non-anonymous information is passively collected (that is, gathered without your actively providing the information) using various technologies, such as cookies, Internet tags or web beacons, and navigational data collection (log files, server logs, click-stream). Your internet browser automatically transmits to the website some of this anonymous Information, such as the URL of the website you just came from and the Internet Protocol (IP) address and the browser version your computer is currently using, your access times, pages you have viewed and location.

3 How we use your information 

Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience.  As a general rule, your personal data will not be used for any other purpose than that for which it was voluntarily provided to us.

Depending on how you manage your privacy controls, we may use your information for various purposes such as to email you about our activities, provide you with and request feedback, statistical purposes, improvement in customer service, customize your experience when using the website, and increase the efficiency and operation of the site.

We may use publicly available information from your social media profile to target you with specific posts that may interest you. We’ll never ask for personal or sensitive information on social media. We may respond to questions, queries or comments left on our social media channels.

We may use your information for the follow purposes:

• To administer your relationship with MSF, including to contact and correspond with you regarding those matters. Legal basis: For our legitimate business interests (i.e., the provision of the websites and services)

• To collect your responses. Legal basis: For our legitimate business and depending on the circumstances, to perform a contract between you and us

• To process and respond to your inquiries, requests, and other communications. Legal basis: For our legitimate business and depending on the circumstances, to perform a contract between you and us

• To notify you about changes to the websites or the products and services. Legal basis: For our legitimate business interests

• To audit and monitor the use of the websites. Legal basis: For our legitimate business interests, i.e., the provision of services, as well as to improve and monitor the security of the websites, or we may request your consent in certain circumstances where we are required to do so by law (e.g., in relation to our use of certain cookies)

• To maintain, protect and improve MSF services and to develop new products and services. Legal basis: For our legitimate business interests (i.e., the provision of the websites and services)

• To manage complaints, feedback, and queries. Legal basis: For our legitimate business interests (i.e., the provision of the websites and services)

• To provide you with information (including by email and other electronic messages) regarding the Mombasa Key Pop Study and its business, products, and services and products and services offered by our partners, to the extent permitted by applicable law and in accordance with your preferences as indicated when you entered into any agreement with us, including any marketing consent preferences. Legal basis: Depending on the method of communication, this processing may be carried out with your consent or in accordance with our legitimate business interests to process your information for direct marketing purposes

• To comply with any legal or regulatory obligations (including in connection with a court order) and to protect and enforce ’s legal rights, interests and remedies to protect the business operations and study participants of MSF or other persons. Legal basis: For our legitimate business interests and for compliance with legal obligations to which we are subject

4 Data access, sharing and transfer 

MSF may disclose your personal information for purposes relating to or arising from your relationship and transactions with MSF and as otherwise set out in this Privacy notice or permitted by applicable law. 

Trained staff

Your information is processed by trained staff. We regularly review who has access to your information. As a general rule, your personal data will only be accessible insofar as it is necessary to fulfil the purpose for which it was collected.  For more information on how study data are accessed, shared, and transferred, please refer to the Mombasa Key Pop Study Information Form.

Third parties and data processors

MSF may share Information or session data with third parties for provisioning of the website service, verification of your identity, an email service provider to send out emails on our behalf. We will share your personal information only as necessary for the third party to provide that service.

We sometimes engage third party processors such as individual contractors and service vendors such as lawyers, auditors and other professional advisors to help us manage and store personal data and to carry out certain activities on our behalf. It means that we may share your personal data with service providers, who help assist us in fulfilling our purposes. We do comprehensive checks on any contractors and vendors before we work with them. We always put a contract in place that sets out how they manage the personal data they collect or have access to. Personal data may also be shared with third parties when required by law or by a court order.

International data transfers

We operate globally and may have a need to transfer certain data to countries outside of Kenya. In the event the country where the data is transferred does not provide an adequate level of protection, we make sure to implement technical and organizational measures to protect your data.

5 Protecting your data 

Keeping information about you secure is very important to MSF. To this end, we use commercially reasonable protection technology such as encryption to protect sensitive information such as login credentials and donation transactions. We also use firewalls and other security procedures to help protect the accuracy and security of your Information and session data and to help prevent unauthorized access or improper use.

While MSF strives to protect the information it gathers, it is good to note that no data transmission over the internet can be guaranteed to be totally secure and therefore MSF cannot ensure or warrant the security of any information or session data obtained. You therefore provide that data at your own risk. 

6 How long do we keep your information 

We keep your information for as long as it is necessary in connection with the purposes defined above in “How we use your information?” and for the purpose of providing you with your tax receipt. For instance, and as a general rule, we keep your email for the purpose of sending you a newsletter until you unsubscribe.

If you request to receive no further contact from us, we'll keep only the basic information about you on our suppression list in order to avoid sending you unwanted materials in the future, for the duration allowed by the application legislation.

7 Our legal basis for processing personal data 

The Kenya Data Protection Law and the GDPR allow for six ways to process personal data. Four of these are relevant to the types of processing that MSF carries out:

• A person’s consent (e.g. to send you direct marketing by e-mail or SMS);

• Processing that is necessary for contracting purposes

• Processing that is necessary for compliance with a legal requirement; and 

• Our legitimate interests (please see below for more information).

Our legitimate interests include:

• Charity governance; including delivery of our charitable purposes, statutory and financial reporting and other regulatory compliance purposes;

• Administration and operational management; including responding to solicited enquires, providing information and services, research, events management, the administration of volunteers and employment and recruitment requirements. 

• Marketing and campaigning; including administering campaigns and sending direct marketing and thank you letters by email.

If you'd like to change our use of your personal data in this manner, please get in touch with us through info@MombasaKeyPopStudy.com

8 How can you change your information and what are your rights? 

You have a number of rights under data protection legislations:

• You can request any information we hold on you.

• You have the right to ask us to stop using or to restrict the processing of your personal data.

• You can withdraw your consent to us processing your data at any time (where such processing is based on consent,  e.g., to send you electronic direct marketing).

• If you believe our records are inaccurate you have the right to ask for those records concerning you to be updated.

• In accordance with the provisions of the General Data Protection Regulation, you have a right to erasure (“to be forgotten” i.e. to have your personal data deleted from our database), or transferred to another organization (“data portability”). 

• You're also entitled to make a complaint to the office of the data commissioner at https://www.odpc.go.ke/file-a-complaint/

Contact us at info@MombasaKeyPopStudy.com if you have any concerns about the way your data is being used, if you'd like to change or update your personal information or would like to make a complaint. Kindly note that you may be asked for proof of identity. 

9 Webhosting

The Mombasa Key Pop Study Website is hosted on Squarespace, which stores your data in Tier III data centres across the United States. Squarespace serves images and other static assets via multiple geographically distributed content delivery networks. The physical address is located at 8 Clarkson St New York, NY 10014, USA.