Terms & Conditions
Welcome to OnLocum, a trademark owned and operated by OnLocum Online Limited, a Limited Liability Company. Incorporated in the Republic of Kenya, (“OnLocum Online”, “OnLocum”, “onlocum”, “we,” or “our”.) OnLocum Online provides the website, an online platform connecting Healthcare Professionals seeking to provide professional services per diem (the “Healthcare Professional Services” or “Healthcare Services”) and Healthcare Facilities seeking to engage Healthcare Professionals to perform services.
• “User,” “Users,” “you,” or “your” refer to all persons who access or use the Website, including but not limited to Healthcare Professionals, Healthcare Facilities, and Individuals seeking to engage healthcare professionals for services.
• “Healthcare Professional” or “Healthcare Professionals” refer to those Registered Nurses, Surgical Technicians, Radiologic Technicians, Certified Registered Nurse Anesthetist, Medical Doctors, and other professionals who registered with OnLocum Onlice through the Website to provide Healthcare Services at Healthcare Facilities or Home Care.
• “Healthcare Facility” or “Healthcare Facilities” refer to those Healthcare Facilities that registered with OnLocum Online through the Website to engage Healthcare Professionals to provide Healthcare Services on their behalf.
The Terms govern the permitted and prohibited access to and uses of the Website and the respective rights of OnLocum Online and the Users with regard to the Website. OnLocum Online provides you with access to and use of the Website subject to your compliance with the Terms. The provisions contained herein supersede all previous notices or statements regarding our Terms. By visiting the Website, you and other Users agree to the Website Use Terms. If you do not agree to the Website Use Terms, you may not access or use the Website. We may modify the Website Use Terms from time to time without notice to you by posting revised Website Use Terms on the Website with a new effective date. We include the effective date of our Website Use Terms at the top of the Website Use Terms. We encourage you to check our Website frequently to see the current Website Use Terms in effect and any changes that may have been made to them. By visiting the Website following any modifications to the Website Use Terms, you agree to be bound by such modifications. We may modify the Healthcare Professional Terms or Healthcare Facilities Terms as required by the development of our business and with notice to the respective Healthcare Professionals or Healthcare Facilities. We include the effective date of our Healthcare Professional Terms and Healthcare Facilities Terms at the top of the respective Healthcare Professional Terms and Healthcare Facilities Terms. Such modifications to the Healthcare Professional Terms or Healthcare Facilities Terms shall take effect, and be binding on Healthcare Professionals and Clients, respectively, ten (10) days after such notification. You agree to comply with all applicable laws, rules and regulations in connection with your access and use of the Website.
Website Use Terms
Effective Date: January 3rd 2022
User Age and Access
By submitting information through the Website you represent that you are a Kenyan resident over the age of 18. License The Website, including all of its contents, such as text, images and the HTML used to generate the pages (“Materials”), is our property or that of our suppliers or licensors and are protected by patent, trademark and/or copyright under the Republic of Kenya and/or foreign laws. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from the Website in whole or in part, for any public or commercial purpose without the specific written permission of OnLocum Online. We grant you a personal, non-exclusive, non-transferable license to access our Website and to use the information contained here. In turn, you grant us a non-exclusive, royalty-free license to use any content you post on the Website for any purpose, subject to the express terms of the Terms.
Rules and Limits on and Modifications to the Website
We reserve the right, for any reason, in our sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of the Website, including, but not limited to, information, data, text, music, sound, photographs, graphics, video, messages or other materials (“Content”), features and/or hours of availability, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Website or restrict your access to part, or all, of the Website without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
a. Specific Prohibited Uses: The Website may be used only for lawful purposes. You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of their posting on or through the Website. OnLocum Online specifically prohibits any use of the Website, and requires all Users to agree not to use the Website, for any of the following:
i. Posting any information that is incomplete, false, inaccurate or not your own;
ii. Impersonating another person;
iii. Constituting or encouraging conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation or that fails to comply with accepted Internet protocol;
iv. Posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
v. Posting material that reveals trade secrets, unless you own them or have the permission of the owner;
vi. Posting material that infringes on any other intellectual property, privacy or publicity right of another;
vii. Transmitting or transferring (by any means) information or software derived from the Website to foreign countries or certain foreign nations in violation of Republic of Kenya export control laws; and
viii. Attempting to interfere in any way with the Website’s or OnLocum Online’s networks or network security, or attempting to use the Website’s service to gain unauthorized access to any other computer system.
b. Security Rules: Violations of system or network security may result in civil or criminal liability. OnLocum Online will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the User or Users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, the following:
i. Accessing data not intended for such User or logging into a server or account that User is not authorized to access;
ii. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
iii. Attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding,” “mailbombing,” or “crashing,” or sending unsolicited e-mail, including promotions and/or advertising of products or services; or
iv. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Privacy Policy;
User Information
In the course of your use of the Website, you may be asked to provide certain information to us. OnLocum Online’s use of any information you provide via the Website shall be governed by our Privacy Policy available below. We urge you to read our Privacy Policy. You acknowledge and agree that you are solely responsible for the accuracy and content of such information.
International Use
We control and operate the Website from our offices in the Republic of Kenya, and all information is processed within the Republic of Kenya. We do not represent that Materials on the Website are appropriate or available for use in other locations. Users who choose to access the Website from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the Republic of Kenya or the country in which you reside.
Proprietary Rights
a. As between you and OnLocum Online, (or other company whose marks appear on the Website), OnLocum Online (or the respective company) is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Website, and is the copyright owner or licensee of the Content and/or information on the Website, unless otherwise indicated.
b. Except as otherwise provided herein, use of the Website does not grant you a license to any Content, features or Materials you may access on the Website and you may not modify, rent, lease, lend, sell, distribute or create derivative works of such Content, features or Materials, in whole or in part. No Material from the Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except for as specifically allowed in the Website. Any commercial use of the Website is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Content or screens for any purpose except as otherwise authorized by OnLocum Online. If you make use of the Website, other that as provided herein, in doing so you may violate copyright and other laws of the Republic of Kenya, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any User of our trademarks, registered trademarks, service marks, copyrightable material or intellectual property by including them on the Website.
c. The information on the Website including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law, including copyright law.
d. Product names, logos, designs, titles, words or phrases may be protected under law as the trademarks, service marks or trade names of OnLocum Online or other entities. Such trademarks, service marks and trade names may be registered in the Republic of Kenya and internationally.
e. The OnLocum Online logos and service names (including OnLocum Employer and OnLocum Candidate) are trademarks of OnLocum Online (the “OnLocum Online Marks”). Without OnLocum Online’s prior permission, you agree not to display or use the OnLocum Online Marks in any manner. Nothing on the Website should be construed to grant any license or right to use any OnLocum Online Mark without the prior written consent of OnLocum Online.
Links from and to the Website
You may be able to link to third party websites (“Linked Websites”) from the Website. Linked Websites are not, however, reviewed, controlled or examined by OnLocum Online in any way and OnLocum Online is not responsible for the content, availability, advertising, products, information or use of user information or other materials of any such Linked Websites, or any additional links contained therein. These links do not imply OnLocum Online’s endorsement of or association with the Linked Websites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Websites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Websites and any content contained thereon. In no event shall OnLocum Online be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Websites or the information or material accessed through these Linked Websites. You should direct any concerns to that site’s administrator or Webmaster. OnLocum Online reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Websites from the Website and/or introduce different features or links to different Users. Permission must be granted by us for any type of link to the Website. To seek our permission, you may write to us at the address below. We reserve the right, however, to deny any request or rescind any permission granted by us to link through such other type of link and to require termination of any such link to the Website, at our discretion at any time.
Indemnity
You agree to defend, indemnify and hold OnLocum Online, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use or misuse of the Website, your violation of the Website Use Terms or the posting or transmission of any materials on or through the Website by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right. Healthcare Professionals and Clients may have separate indemnity obligations pursuant to the Healthcare Professional Terms or the Client Terms.
DISCLAIMER OF WARRANTIES REGARDING WEBSITE & APPS
YOU UNDERSTAND AND AGREE THAT:
a. THE WEBSITE AND APPS, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION AND MATERIALS, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ONLOCUM ONLINE DOES NOT WARRANT THAT THE WEBSITE OR THE FUNCTIONALITY, CONTENT OR MATERIALS MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. ONLOCUM ONLINE MAKES NO WARRANTY THAT THE WEBSITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE OPERATION OF THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
b. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
c. ONLOCUM ONLINE DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE SITE. ONLOCUM ONLINE IS NOT A PARTY TO, AND DOES NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTIES THAT IS WITHOUT THE DIRECT INVOLVEMENT OF ONLOCUM ONLINE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL ONLOCUM ONLINE, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTION RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF ONLOCUM ONLINE OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF ONLOCUM ONLINE TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE SITE USE TERMS OR YOUR ACCESS TO OR USE OF THE SITE EXCEED, IN THE AGGREGATE, Kes5,000.
Severability; No Waiver.
If any provision of the Terms is held to be contrary to law, such provision shall be deemed valid only to the extent permitted by law, and all other provisions shall continue in full force and effect. OnLocum Online’s failure to require performance of any provision shall not affect its right to require performance at any time thereafter, nor shall OnLocum Online’s waiver of any breach or default of the Terms constitute a waiver of any subsequent breach or default.
Governing Law
The Terms are enforceable pursuant to and in accordance with the laws of the Republic of Kenya. Any dispute arising out of the Terms shall be decided by a court of competent jurisdiction in Nairobi, Kenya.
Successors and Assigns; No Assignment
The Terms shall be binding upon, and shall inure to the benefit of, OnLocum Online and the Users and their respective heirs, legal representatives, successors and assigns. Notwithstanding the foregoing, Healthcare Professionals may not assign any of their rights or delegate any of their duties under the Healthcare Professional Terms without receiving the prior written consent of OnLocum Online, which may be withheld at OnLocum Online’s sole and absolute discretion.
Headings
The subject headings of the sections of the Terms are included for purposes of convenience only and shall not affect the construction of interpretation of any of its provisions.
ARBITRATION
Except as prohibited by law, any dispute between OnLocum Online and a User (or between OnLocum Online or a User, on the one hand, and any officer, director, employee or affiliate of OnLocum Online or a User, on the other hand) shall be resolved through binding arbitration in Nairobi, Kenya, under the Kenya Arbitration Act. Nothing in this arbitration provision is intended to prevent OnLocum Online or a User from filing charges with county or national agencies. By using the Website, you agree that Such arbitration shall be conducted on an individual basis only, not a class, collective or representative basis, and you waive right to bring class-wide, collective or representative claims before any arbitrator or in any forum. YOU UNDERSTAND THAT BY AGREEING TO ARBITRATE DISPUTES YOU ARE WAIVING ANY RIGHT THAT YOU MIGHT OTHERWISE HAVE TO A JURY TRIAL. This arbitration provision is not intended to modify or limit the right of OnLocum Online or a User’s right to seek equitable relief, such as an injunction or attachment, through judicial process, which will not be deemed a waiver of the right to demand and obtain arbitration.
Consent to Processing
By providing any personal information to the Website, all Users, including without limitation Users in the European Union, fully understand and unambiguously consent to the collection and processing of such information in the Republic of Kenya. Any inquiries concerning the Terms should be directed to OnLocum Online at the address below.
Entire Agreement
The Terms, and any Shift or Assignment entered into by you from time to time, constitute the entire agreement between you and OnLocum Online relating to and governing your use of the Website, superseding any prior agreements between you and OnLocum Online.
Relationship
You agree that no joint venture, partnership, employment, or agency relationship exists between OnLocum Online and you as a result of the Terms or your use of the Website.
Time to Bring Claims
Any claim or cause of action you may have with respect to OnLocum Online or the Website must be commenced within six (6) months after the claim or cause of action arose.
Notices
Notices to Users may be made via either text message, email or regular mail. The Website may also provide notices of changes to the Website Use Terms or other matters by displaying notices or links to notices to Users on the Website. All notices under the Healthcare Professional Terms and under the Healthcare Facility Terms must be in writing and will be deemed given when delivered personally, by text message or by confirmed facsimile or email, one (1) day after being sent by nationally recognized courier service, or three (3) days after being sent by prepaid certified mail, to the address of OnLocum Online as set below or to such address as such Healthcare Professional or such Healthcare Facility last provided to OnLocum Online.
Contacting OnLocum Online
To contact us with any questions or concerns in connection with the Terms or the Website, or to provide any notice under the Terms to OnLocum Online, please email hello@onlocum.com.
Privacy Policy
We understand that privacy is important to you, and we are committed to respecting your privacy when you visit the onlocum.com website (the “website”) and/or use any of OnLocum Online’s services (the “Services”). The following Privacy Policy is designed to help you better understand what information we gather from you through our Website, how we use and disclose this information, and with whom we might share this information. This Privacy Policy may be changed or updated from time to time in OnLocum Online’s sole discretion, and any changes or updates will become effective immediately upon the posting of the new Privacy Policy on the Website with a link from the Website ‘s homepage. It is your sole responsibility to visit the Site frequently to review any revisions made to this Privacy Policy. By visiting this Website, and/or by using the Service in any manner, you are accepting the practices described in this Privacy Policy and expressly consent to our collection, use and disclosure of your personal information in the manner described in this Privacy Policy. This Privacy Policy is incorporated into and subject to the terms of our Website Terms and Conditions which you agreed to be bound to upon your registration with OnLocum Online to allow you to use the Service. This Privacy Policy applies solely to this Site and the use of the Service.
1 Purpose and Categories of Data
1.1 Purpose in Collecting Personal Data
Our purpose in collecting personal information and data are (a) to enable you to fully use the functionality available via the Site, (b) to provide you with a smooth, efficient, and customized experience, and (c) to send you information upon your request. In addition, we may use such information to improve our marketing and promotional efforts, to analyze site usage, to improve our content and product offerings, and to customize the content, layout and services of the Site. Specifically, and without limitation, we may use your personal information (a) for license reporting and assessment of Site service levels; (b) to better understand on an aggregated basis how our products and services are used, gauge use patterns and determine what types of content and services are most popular with users of our products and services; (c) to verify access rights to content, services or software; or (d) to provide you with information about OnLocum Online products and services.
1.2 Categories of Collected Personal Data
When you choose to become a registered user of the Service, you expressly provide OnLocum Online with the following categories of personally identifiable information for the following purposes:
a) i) To enable you to use the Service via the Site, provide customer support, and to ensure compliance with employment and intellectual property laws. For example, your account information is stored on servers controlled and accessed by OnLocum Online, and if you forget your log-in password, you will be asked to enter your e-mail address on record with OnLocum Online in order to gain access to the Service as a registered user. To this end, the following categories of data is collected: your e-mail address and your private password required in order to provide you with the ability to use features of the Site, your first and last name, your phone number, your home or other physical address, IP address and device information geolocation data, professional or employment-related information, education information background check and identity verification
a) ii) As a registered user on the platform, you are giving OnLocum permission to share your background check report and credential information to a facility as needed for a shift.
b) To conduct financial transactions within the Service, OnLocum Online collects the following categories of data. OnLocum Online uses third party providers to process and store data on these financial transactions: your first and last name, your home or other physical address, payment processing information, such as your mobile number, credit/debit card and banking information, employment-related information
c) To record user-generated and submitted content. We collect user content and communications data when you provide us with online comments or feedback via our Site or post information about yourself or others to or through our Site. This information, if any, may be available to others accessing the Site.
2 Sale and Disclosure of Personal Data to Third Parties
We may disclose some of your personally identifiable information with certain service providers for the business purpose of improving, maintaining, and monitoring the Service and the Site, and facilitating the services that OnLocum Online offers to you. This can occur, for example, when we provide healthcare facilities with information about healthcare professionals that may or are scheduled to work at the facility. We may also provide healthcare professionals with opportunities to interact with third party partners, which the professional may voluntarily submit personal information to. This includes, but is not limited to, third party e-signature and payment processing providers. In addition, we may employ other companies and individuals to perform promotional, marketing and data analysis functions on our behalf, such as analyzing data, processing mobile money, credit card and online payments, and providing customer service. These companies and individuals have access to personal information necessary to perform their business functions.
3 Commercial Electronic Messages and Tracking
If you provide us with an email address, you expressly consent to receiving Commercial Electronic Messages from OnLocum Online about the Service and the Site. An unsubscribe link is included in every newsletter and marketing email sent to you. For those of you that have expressly opted in to receive our OnLocum newsletter, you are easily able to unsubscribe by following the “unsubscribe” links included in every email. Without systematically doing so, we may analyze and track the click rates and the number of emails sent which you open to assess performance rates on your emailing campaigns.
4 Accessing and Modifying Your Data
As part of our core business functionality, we work to process, maintain, and secure the information that you share with us, and will use commercially reasonable efforts to allow you the ability to change or modify your user information and personal data in order to enhance your ability to use the Service for its intended purposes. You are entitled to the following rights:
4.1 Right to know the categories and content of data is being collected about you
You shall have the right to request OnLocum Online disclose to you and provide access to the following:
The categories of personal information it has collected about that consumer. The categories of sources from which the personal information is collected. The business or commercial purpose for collecting or selling personal information. The categories of third parties with whom the business shares personal information. The specific pieces of personal information it has collected about that consumer.
4.2 Right to know whether your personal information is sold or disclosed and to whom
You shall have the right to request OnLocum Online disclose the following information shared with third parties:
The categories of personal information that the business collected about the consumer. The categories of personal information that the business sold about the consumer and the categories of third parties to whom the personal information was sold, by category or categories of personal information for each third party to whom the personal information was sold. The categories of personal information that the business disclosed about the consumer for a business purpose.
4.3 Right to say no to the sale of personal information
You shall have the right, at any time, to direct OnLocum Online to discontinue the disclosure of your personal information to third parties, to the extent that does not compromise the business functions of complying with taxation or other legal or regulatory requirements. OnLocum Online will verify your identity before processing your opt-out request to ensure the accuracy and security of services provided.
4.4 Right to equal service and price, even if you exercise your privacy rights
OnLocum Online shall not discriminate against a consumer because the consumer exercised any of the consumer’s rights, including, but not limited to, by:
a) Denying goods or services to the consumer.
b) Charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties.
c) Providing a different level or quality of goods or services to the consumer, if the consumer exercises the consumer’s rights.
d) Suggesting that the consumer will receive a different price or rate for goods or services or a different level or quality of goods or services, except when that difference is reasonably related to the value provided to the consumer by the consumer’s data. As collecting and sharing professional identity and credentials are necessary to carry out the core functions of OnLocum Online in collaboration with our healthcare partners, if you choose to opt out of third party disclosures, your access to information and the scope of service provided on the Site may be limited to the extent that is reasonable to comply with legal and regulatory requirements, and internal policies of our healthcare partners. Please contact us to understand the extent of information necessarily to fully utilize the Service.
4.5 Right to delete any personal information about you
a) A consumer shall have the right to request that OnLocum Online delete any personal information about the consumer which the business has collected from the consumer.
b) Upon receiving a verifiable request from a consumer to delete the consumer’s personal information, OnLocum Online shall delete the consumer’s personal information from its records and direct any service providers to delete the consumer’s personal information from their records.
c) OnLocum Online or a service provider shall not be required to comply with a consumer’s request to delete the consumer’s personal information if it is necessary for the business or service provider to maintain the consumer’s personal information in order to:Complete the transaction for which the personal information was collected, provide a good or service requested by the consumer, or reasonably anticipated within the context of a business’s ongoing business relationship with the consumer, or otherwise perform a contract between the business and the consumer. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity. Debug to identify and repair errors that impair existing intended functionality. Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law. Comply with the Kenya Information and Communications Act. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the businesses’ deletion of the information is likely to render impossible or seriously impair the achievement of such research, if the consumer has provided informed consent. To enable solely internal uses that are reasonably aligned with the expectations of the consumer based on the consumer’s relationship with the business. Comply with a legal obligation. Otherwise use the consumer’s personal information, internally, in a lawful manner that is compatible with the context in which the consumer provided the information. You may at any time revoke your consent to the collection, processing, use, and disclosure of your personal information by contacting us and exercising your “opt out” rights, at no charge, using the information below. In order to ensure we obtain the correct data profile, we will disclose personal information and process requests only upon receipt of a verifiable consumer request. Upon the receipt of your request, we will delete your personal information to the extent of compliance with legal and regulatory requirements, and we may retain any data for billing, accounting, and legal retention purposes.
Fill out the form in “Do Not Sell My Personal Information”
Contact us using the number: +254 726 869359
Email us at: hello@onlocum.com
Cookies
OnLocum Online and other third party venders use cookies and other similar identification or geolocation technologies on our apps, websites, emails for the following purposes:
– Authenticating users
– Maintaining a record of user settings and notification preferences
– Deriving aggregate data to enhance the quality of the Service
– Analyzing online behaviours and traffic
5 Aggregate Data
Your demographic and geographic information may be collected by us and may be disclosed in aggregate to third parties. This aggregate information will not be used to personally identify you or your computer.
6 Log Files
Like most Internet services, we use log files on the server side. The data held in log files includes your IP address, browser type, e-mail application, Internet service provider (“ISP”), referring/exit Web pages, computer platform type, date/time stamp, and user activity. OnLocum Online uses server log data to analyze trends, administer the services offered through the Site and the Site. IP addresses are not tied to any personally identifiable information. The software enabling the Site has associated log and temporary files that are stored on OnLocum Online’s servers. These files store your account information, preference settings, system notifications as well as other data necessary to enable you to participate on the Site. Your information may also exist within regularly performed server backups.
7 Security
We are concerned about the security of personal information collected from you and take reasonable steps to prevent unauthorized access to that information. We care about the security related to your use of the Service and the Site, and use standard industry practices to safeguard your personally identifiable and financial information. With respect to online payments, we use third-party providers encryption and secure https protocol to communicate with your browser software, which guards against interception of online payment and/or credit card information you give us. We also employ security techniques to protect your personally identifiable information from unauthorized access by users inside and outside the organization. You should be aware, however, that “perfect security” does not exist on the Internet; third parties may unlawfully or improperly intercept or access transmissions, personal information, or private communications. As such, we cannot make any assurances that a security breach will not occur.
8 Sharing Your Data with Other Parties
As a matter of policy, we will not sell or rent information about you and we will not disclose information about you in a manner inconsistent with this Privacy Policy except as required by law or government regulation. We cooperate with law enforcement inquiries, as well as other third parties, to enforce laws such as those regarding intellectual property rights, fraud and other personal rights. WE CAN (AND YOU AUTHORIZE US TO) DISCLOSE ANY INFORMATION ABOUT YOU TO LAW ENFORCEMENT, OTHER GOVERNMENT OFFICIALS, OR ANY OTHER THIRD PARTY THAT WE, IN OUR SOLE DISCRETION, BELIEVE NECESSARY OR APPROPRIATE IN CONNECTION WITH AN INVESTIGATION OF FRAUD, INTELLECTUAL PROPERTY INFRINGEMENT, OR OTHER ACTIVITY THAT IS ILLEGAL OR MAY EXPOSE US, OR YOU, TO LIABILITY.
9 Third Party Collectors and Websites
This privacy policy applies only to OnLocum Online’s Services and this Site, and does not apply to third party websites connected by any links or advertisements on our website, or through websites of our third party providers that we utilize. We assume no responsibility as to the manner in which these third party websites handle your personal data. Please refer to the privacy statements of these third party websites prior to making use of their services.
10 Governing Law
You agree that your use of this Site, this Privacy Policy and any disputes relating thereto, shall be governed in all respects by the laws of the Republic of Kenya. Any dispute relating to this Privacy Policy shall be resolved solely in the courts located in Kenya. Thank you for visiting our site. Please contact us at hello@onlocum.com if you have any questions about our Site or our Privacy Policy.