Terms of Use and Privacy Notice.

1. Introduction

This document sets forth the Terms of Use and the Privacy Notice governing your access to and utilization of the website operated by Afro Farm Holdings Ltd. (hereinafter referred to as "the Company"). By accessing or utilizing this website, you signify your unequivocal acceptance of these legally binding terms.

2. Identity of the Data Controller

Afro Farm Holdings Ltd., a duly incorporated entity under the laws of Kenya, bearing Company Registration Number PVT-MKU9DDGL, and maintaining its registered office at MJ1 Business Park, Loitokitok, Kajiado County, Kenya, functions as the Data Controller in respect of personal data processed via this website. All inquiries pertaining to data protection should be directed to the designated Data Protection Contact: +254768018141 at the aforementioned address or contact details.

3. Website Functionality and Terms of Service

This website serves as a informational platform detailing the agricultural produce cultivated by the Company and providing means of contact. It expressly refrains from displaying pricing information or facilitating monetary transactions. An enquiry submitted via this platform shall not constitute a binding order. Any contractual agreement for the supply of produce shall only be perfected subsequent to direct communication with an authorized representative of the Company, whereupon all material terms, including but not limited to quantity, price, and delivery schedule, shall be mutually ascertained. Information pertaining to crop availability is provided in good faith and does not constitute a warranty or guarantee of immediate stock.

The Company endeavors to respond to enquiries within a commercially reasonable timeframe. All intellectual property, comprising text, photographic content, corporate logo, and website design, is exclusively owned by the Company. You are hereby granted a limited, revocable license to link to this website, cite textual excerpts with proper attribution, or request permission for photographic reproduction. Unauthorized replication of the website in its entirety, or misappropriation of the Company's name or logo, is strictly prohibited. Hyperlinks to third-party social media platforms (e.g., WhatsApp, Facebook, Instagram, TikTok) are provided for convenience; your engagement with such platforms shall be governed by their respective terms and conditions, over which the Company exercises no control.

Users are strictly prohibited from misusing website forms or chat functionalities, engaging in unsolicited commercial communication (spam), or conducting automated bulk access or data scraping. The submission of a Curriculum Vitae (CV) does not establish an employment relationship nor obligate the Company to conduct an interview or issue a response. While the Company undertakes commercially reasonable efforts to maintain the website's operational integrity and accuracy, no warranty is extended regarding uninterrupted availability or freedom from error. Nothing contained herein shall derogate from your statutory rights under Kenyan law. These terms are governed by the laws of Kenya, and any disputes arising hereunder shall be exclusively adjudicated by the courts of Kenya. The Company reserves the unilateral right to amend these terms, with any modifications being effective upon their publication herein. Your continued use of the website following such amendments shall constitute implicit acceptance of the revised terms.

4. Collection and Utilization of Personal Data

The Company collects and processes personal data exclusively for specified, explicit, and legitimate purposes as outlined herein. The lawful basis for such processing is delineated below:

• Contact Form: Personal data provided, including contact details, organizational affiliation, and message content, is collected to facilitate responses to enquiries and maintain a record thereof. The lawful basis for this processing is the Company's legitimate interest in managing customer and stakeholder communications.
• Chat Launcher: Personal data, encompassing name, message content, and technical identifiers (e.g., IP address, device type), is collected via a chat service provider, which operates as a data processor on behalf of the Company. This data facilitates real-time communication and record-keeping for customer support. The lawful basis for this process is the Company's legitimate interest in providing efficient customer assistance.
• Curriculum Vitae (CV) Submissions: Personal data contained within submitted CVs, including contact information, educational background, and employment history, is collected solely for the purpose of evaluating prospective candidates for employment opportunities. The lawful basis for this processing is the Company's legitimate interest in recruitment activities. The Company does not engage in the sale of personal data.

5. Data Retention

Personal data collected via enquiries shall be retained for a period of 6 months whereafter it shall be securely deleted. Personal data submitted through CVs shall be retained for a maximum period of 12 months, subsequent to which it shall be deleted, unless an explicit request for earlier deletion is received.

6. Disclosure of Personal Data to Third Parties

The Company does not disseminate personal data to third parties, save for designated service providers operating as data processors, to the extent necessary for the provision of their respective services.

All personal data processed by Afro Farm Holdings Ltd. remains strictly within the geographical boundaries of Kenya and is not subject to cross-border transfer. Disclosure of personal data may also occur where such disclosure is mandated by applicable statutory or regulatory provisions.

7. Cookie Policy

This website deploys a singular, essential cookie, designated as 'afrofarm_consent,' the function of which is to retain your cookie preference for a duration of six (6) months, thereby obviating repetitive consent requests. Furthermore, the Company utilizes analytics tools for website performance monitoring. These analytical tools are cookie less, do not generate unique identifiers for individual users, and solely process aggregated technical data, such as IP addresses and usage patterns, to enhance user experience. Should the Company elect to implement additional, non-essential cookies in the future, their activation shall be contingent upon your explicit prior consent, which may be modified at any time via the dedicated cookie management interface accessible on this website.

8. Data Subject Rights

Pursuant to the provisions of the Kenyan Data Protection Act, 2019, data subjects are vested with the following rights: the right to access personal data held by the Company, the right to demand rectification or erasure of inaccurate or incomplete data, the right to object to or restrict processing activities, and the right to withdraw previously granted consent at any time. Any data subject located within the European Union is additionally conferred with rights under the General Data Protection Regulation (GDPR), including the right to data portability and the right to lodge a complaint with a supervisory authority within their jurisdiction. All requests pertaining to these rights shall be submitted in writing to [email protected], and the Company undertakes to respond within the statutory period prescribed by law. Data subjects also retain the right to lodge a formal complaint with the Office of the Data Protection Commissioner (ODPC) in Kenya. The Company implements appropriate technical and organizational measures to safeguard personal data against unauthorized access, disclosure, alteration, or destruction. This notice may be subject to periodic revisions; the most current version shall always be published on this website.