As part of our operations, Zahlari Digital (“the Company”) collects and processes certain types of information (such as name, telephone numbers, address etc.) of individuals that make them easily identifiable.
These individuals include current, past and prospective employees, vendors, customers/clients and their representatives, next-of-kin and other individuals whom Zahlari Digital communicate or deals with, jointly and/or severally (“Data Subjects”).
Maintaining the Data Subject’s trust and confidence requires that Data Subjects do not suffer negative consequences/effects as a result of providing Zahlari Digital with their Personal Data. To this end, Zahlari Digital is firmly committed to complying with applicable data protection laws, regulations, rules and principles to ensure the security of Personal Data handled by the Company. This Data Privacy & Protection Policy (“Policy”) describes the minimum standards that must be strictly adhered to regarding the collection, storage, use and disclosure of Personal Data and indicates that Zahlari Digital is dedicated to processing the Personal Data it receives or processes with absolute confidentiality and security.
This Policy applies to all forms of systems, and operations and processes within the Zahlari Digital environment that involve the collection, storage, use, transmission and disposal of Personal Data.
Failure to comply with the data protection rules and guiding principles set out in the Ghana Data Protection Act 2012 (“Data Protection Act” or “DPA”) as well as those set out in this Policy is a material violation of Zahlari Digital’s policies and may result in disciplinary action as required, including suspension or termination of employment or business relationship.
This Policy applies to all employees of Zahlari Digital, as well as to any external business partners (such as suppliers, contractors, vendors and other service providers) who receive, send, collect, access, or process Personal Data in any way on behalf of Zahlari Digital, including processing wholly or partly by automated means. This Policy also applies to third-party Data Processors who process Personal Data received from Zahlari Digital.
- GENERAL PRINCIPLES FOR PROCESSING OF PERSONAL DATA
Zahlari Digital is committed to maintaining the principles in the DataProtection Act regarding the processing of Personal Data.
To demonstrate this commitment as well as our aim of creating a positive privacy culture within Zahlari Digital, Zahlari Digital adheres to the following basic principles relating to the processing of Personal Data:
3.1 Lawfulness, Fairness and Transparency
Personal Data must be processed lawfully, fairly and in a transparent manner at all times. This implies that Personal Data collected and processed by or on behalf of Zahlari Digital must be in accordance with the specific, legitimate and lawful purpose consented to by the Data Subject, save where the processing is otherwise allowed by law or within other legal grounds recognized in the DPA.
3.2 Data Accuracy
Personal Data must be accurate and kept up-to-date. In this regard, Zahlari Digital:
- a) shall ensure that any data it collects and/or processes is accurate and not misleading in a way that could be harmful to the Data Subject;
- b) will make efforts to keep Personal Data updated where reasonable and applicable; and
- c) will make timely efforts to correct or erase Personal Data when inaccuracies are discovered.
3.3 Purpose Limitation
Zahlari Digital collects Personal Data only for the purposes identified in the appropriate Zahlari Digital Privacy Notice or any other relevant document or based on any other non – written communication (where applicable), provided to the Data Subject and for which Consent has been obtained. Such Personal Data cannot be reused for another purpose that is incompatible with the original purpose, except a new Consent is obtained.
3.4 Data Minimization
3.4.1 Zahlari Digital limits Personal Data collection and usage to data that is relevant, adequate, and absolutely necessary for carrying out the purpose for which the data is processed.
3.4.2 Zahlari Digital will evaluate whether and to what extent the processing of personal data is necessary and where the purpose allows, anonymized data must be used.
3.5 Integrity and Confidentiality
3.5.1 Zahlari Digital shall establish adequate controls in order to protect the integrity and confidentiality of Personal Data, both in digital and physical format and to prevent personal data from being accidentally or deliberately compromised.
3.5.2 Personal data of Data Subjects must be protected from unauthorized viewing or access and from unauthorized changes to ensure that it is reliable and correct.
3.5.3 Any personal data processing undertaken by an employee who has not been authorized to carry such out as part of their legitimate duties is un-authorized.
3.5.4 Employees may have access to Personal Data only as is appropriate for the type and scope of the task in question and are forbidden to use Personal Data for their own private or commercial purposes or to disclose them to unauthorized persons, or to make them available in any other way.
3.5.5 Human Resources Department must inform employees at the start of the employment relationship about the obligation to maintain personal data privacy. This obligation shall remain in force even after employment has ended.
3.6 Personal Data Retention
3.6.1 All personal information shall be retained, stored and destroyed by Zahlari Digital in line with relevant Legislative and Regulatory Guidelines. For all Personal Data and records obtained, used and stored within the Company, Zahlari Digital shall perform periodical reviews of the data retained to confirm the accuracy, purpose, validity and requirement to retain.
3.6.2 To the extent permitted by applicable laws and without prejudice to Zahlari Digital’s Retention Policy, the length of storage of Personal Data shall, amongst other things, be determined by:
(a) the contract terms agreed between Zahlari Digital and the Data Subject or as long as it is needed for the purpose for which it was obtained; or
(b) whether the transaction or relationship has statutory implication or a required retention period; or
(c) an express request for deletion by the Data Subject; except where such Data Subject is under an investigation or under a subsisting contract which may require further processing or where the data relates to criminal records; or
(d) whether Zahlari Digital has another lawful basis for retaining that information beyond the period for which it is necessary to serve the original purpose.
Notwithstanding the foregoing and pursuant to the NDPR, Zahlari Digital shall be entitled to retain and process Personal Data for archiving, scientific research, historical research or statistical purposes for public interest.
3.6.3 Zahlari Digital would forthwith delete Personal Data in Zahlari Digital’s possession where such Personal Data is no longer required by Zahlari Digital or in line with Zahlari Digital’s Retention Policy, provided no law or regulation being in force requires Zahlari Digital to retain such Personal Data.
3.7.1 Zahlari Digital demonstrates accountability in line with the NDPR obligations by monitoring and continuously improving data privacy practices within Zahlari Digital.
3.7.2 Any individual or employee who breaches this Policy may be subject to internal disciplinary action (up to and including termination of their employment); and may also face civil or criminal liability if their action violates the law.
3.8 Foreign Data Subject
Zahlari Digital shall in respect of foreign data subjects ensure that Personal Data is processed in compliance with data protection legislation of the foreign jurisdiction of that subject where Personal Data originating from that jurisdiction is sent to Ghana for processing
- DATA PRIVACY NOTICE
4.1 Zahlari Digital considers Personal Data as confidential and as such must be adequately protected from unauthorized use and/or disclosure. Zahlari Digital will ensure that the Data Subjects are provided with adequate information regarding the use of their Personal Data as well as acquire their respective Consent, where necessary.
4.2 Zahlari Digital shall display a simple and conspicuous notice (Privacy Notice) on any medium through which Personal Data is being collected or processed. The following information must be considered for inclusion in the Privacy Notice, as appropriate in distinct circumstances in order to ensure fair and transparent processing:
- a) Description of collectible Personal Data
b) Purposes for which Personal Data is collected, used and disclosed
c) What constitutes Data Subject’s Consent
d) Purpose for the collection of Personal Data
e) The technical methods used to collect and store the information
f) Available remedies in the event of violation of the Policy and the timeframe for remedy.
g) Adequate information in order to initiate the process of exercising their privacy rights, such as access to, rectification and deletion of Personal Data,
- PURPOSE AND CATEGORY OF DATA COLLECTED AND PROCESSED
5.1. We will only collect and use your Personal data if we have obtained your prior consent or have a lawful and legitimate interest to do so. You are at liberty to withdraw your consent at any time by contacting the Data Protection Officer at [email protected] Digital.net. The following are data collected and processed by Zahlari Digital:
- Communication data (e.g. name, telephone, e-mail, address, IP address);
- Key contract data (contractual relationship, product or contractual interest);
- Customer history;
- Contract billing and payments data;
- Planning and control data;
- Movement data;
- Disclosed information (from third parties);
- Employee and prospective employee data collected for recruitment and onboarding purpose;
5.2. The following are methods adopted by Zahlari Digital in the collection and storage of personal data –
- CCTV recordings;
- Physical and Online Forms
- Biometric Tools
- LEGAL GROUNDS FOR PROCESSING OF PERSONAL DATA
In line with the provisions of the NDPR, processing of Personal Data by Zahlari Digital shall be lawful if at least one of the following applies:
- a) the Data Subject has given Consent to the processing of his/her Personal Data for one or more specific purposes;
- b) the processing is necessary for the performance of a contract to which the Data Subject is party or in order to take steps at the request of the Data Subject prior to entering into a contract;
- c) processing is necessary for compliance with a legal obligation to which Zahlari Digital is subject;
- d) processing is necessary in order to protect the vital interests of the Data Subject or of another natural person, and
- e) processing is necessary for the performance of a task carried out in the public interest or in exercise of official public mandate vested in Zahlari Digital.
Where processing of Personal Data is based on consent, Zahlari Digital shall obtain the requisite consent of Data Subjects at the time of collection of Personal Data. In this regard, Zahlari Digital will ensure:
- a) that the specific purpose of collection is made known to the Data Subject and the Consent is requested in a clear and plain language;
b) that the Consent is freely given by the Data Subject and obtained without fraud, coercion or undue influence;
c) that the Consent is sufficiently distinct from other matters to which the Data Subject has agreed;
d) that the Consent is explicitly provided in an affirmative manner;
- e) that Consent is obtained for each purpose of Personal Data collection and processing; and
f) that it is clearly communicated to and understood by Data Subjects that they can update, manage or withdraw their Consent at any time.
7.1 Valid Consent
7.1.1 For Consent to be valid, it must be given voluntarily by an appropriately informed Data Subject. In line with regulatory requirements, Consent cannot be implied. Silence, pre-ticked boxes or inactivity does not constitute Consent under the NDPR.
7.1.2 Consent in respect of Sensitive Personal Data must be explicit. A tick of the box would not suffice.
7.2 Consent of Minors
The Consents of minors (under the age of 18) will always be protected and obtained from minor’s representatives in accordance with applicable regulatory requirements.
- DATA SUBJECT RIGHTS
8.1 All individuals who are the subject of Personal Data held by Zahlari Digital are entitled to the following rights:
- a) Right to request for and access their Personal Data collected and stored. Where data is held electronically in a structured form, such as in a Database, the Data Subject has a right to receive that data in a common electronic format;
- b) Right to information on their personal data collected and stored;
- c) Right to objection or request for restriction;
- d) Right to object to automated decision making;
- e) Right to request rectification and modification of their data which Zahlari Digital keeps;
- f) Right to request for deletion of their data, except as restricted by law or Zahlari Digital’s statutory obligations;
- g) Right to request the movement of data from Zahlari Digital to a Third Party; this is the right to the portability of data; and
- h) Right to object to, and to request that Zahlari Digital restricts the processing of their information except as required by law or Zahlari Digital’s statutory obligations
8.2 Zahlari Digital’s well-defined procedure regarding how to handle and answer Data Subject’s requests are contained in Zahlari Digital’s Data Subject Access Request Policy.
8.3 Data Subjects can exercise any of their rights by completing Zahlari Digital’s Subject Access Request (SAR) Form and submitting it to the Company via [email protected]
- TRANSFER OF PERSONAL DATA
9.1 Third-Party Processor within Ghana
Zahlari Digital may engage the services of third parties in order to process the Personal Data of Data Subjects collected by the Company. The processing by such third parties shall be governed by a written contract with Zahlari Digital to ensure adequate protection and security measures are put in place by the third party for the protection of Personal Data in accordance with the terms of this Policy and the Data Protection Act.
9.2 Transfer of Personal Data to Foreign Country
9.2.1 Where Personal Data is to be transferred to a country outside Ghana, Zahlari Digital shall put adequate measures in place to ensure the security of such Personal Data. In particular, Zahlari Digital shall, among other things, conduct a detailed assessment of whether the said country has adequate data protection laws.
9.2.2 Transfer of Personal Data out of Ghana would be in accordance with the provisions of the Data Protection Act.
- DATA BREACH MANAGEMENT PROCEDURE
10.1 A data breach procedure is established and maintained in order to deal with incidents concerning Personal Data or privacy practices leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Personal Data transmitted, stored or otherwise processed.
10.2 All employees must inform their designated line manager or the DPO of Zahlari Digital immediately about cases of violations of this Policy or other regulations on the protection of Personal Data, in accordance with Zahlari Digital’s Personal Data Breach Management Procedure in respect of any:
- a) improper transmission of Personal Data across borders;
- b) loss or theft of data or equipment on which data is stored;
- c) accidental sharing of data with someone who does not have a right to know
- d) inappropriate access controls allowing unauthorized use;
- e) equipment failure;
- f) human error resulting in data being shared with someone who does not have a right to know; and
- g) hacking attack.
10.3 A data protection breach notification must be made immediately after any data breach to ensure that:
- a) immediate remedial steps can be taken in respect of the breach;
- b) any reporting duties to regulatory authority can be complied with;
- c) any affected Data Subject can be informed; and
- d) any stakeholder communication can be managed.
10.4 When a potential breach has occurred, Zahlari Digital will investigate to determine if an actual breach has occurred and the actions required to manage and investigate the breach as follows:
- a) Validate the Personal Data breach;
- b) Ensure proper and impartial investigation (including digital forensics if necessary) is initiated, conducted, documented, and concluded;
- c) Identify remediation requirements and track resolution;
- d) Report findings to the top management;
- e) Coordinate with appropriate authorities as needed;
- f) Coordinate internal and external communications; and
- g) Ensure that impacted Data Subjects are properly notified, if necessary.
10.5 You can read more about Zahlari Digital’s Personal Data Breach Management Procedure.
- DATA PROTECTION IMPACT ASSESSMENT
Zahlari Digital shall carry out a Data Protection Impact Assessment (DPIA) in respect of any new project or IT system involving the processing of Personal Data to determine whenever a type of processing is likely to result in any risk to the rights and freedoms of the Data Subject.
Zahlari Digital shall carry out the DPIA in line with the procedures laid down in the Zahlari Digital Data Protection Impact Assessment Policy.
- DATA SECURITY
12.1 All Personal Data must be kept securely and should not be stored any longer than necessary. Zahlari Digital will ensure that appropriate measures are employed against unauthorized access, accidental loss, damage and destruction to data. This includes the use of password-encrypted databases for digital storage and locked cabinets for those using paper form.
12.2 To ensure the security of Personal Data, Zahlari Digital will, among other things, implement the following appropriate technical controls:
- a) Industry-accepted hardening standards, for workstations, servers, and databases;
- b) Full disk software encryption on all corporate workstation/laptops operating systems drives storing Personal and Personal/Sensitive Data;
- c) Encryption at rest including key management of key databases;
- d) Enable Security Audit Logging across all systems managing Personal Data;
- e) Restrict the use of removable media such as USB flash, disk drives;
- f) Anonymization techniques on testing environments; and
- g) Physical access control where Personal Data is stored in hardcopy.
- 13. TRAINING
Zahlari Digital shall ensure that employees who collect, access and process Personal Datareceiveadequate data privacy and protection training in order to develop the necessary knowledge, skills and competence required to effectively manage the compliance framework under this Policy and the data Protection Act with regard to the protection of Personal Data. On an annual basis, Zahlari Digital shall develop a capacity-building plan for its employees on data privacy and protection in line with the Data Protection Act.
- 14. DATA PROTECTION AUDIT
Zahlari Digital shall conduct an annual data protection audit to verify Zahlari Digital’s compliance with the provisions of the Data Protection Act and other applicable data protection laws.
- 15. RELATED POLICIES AND PROCEDURES
This Policy shall be read in conjunction with the following policies and procedures of Zahlari Digital:
- Personal Data Breach Management Policy;
- IT Security Policy;
- Document Retention Policy;
- Cookies Policy;
- Privacy Notices; and
- Data Protection Impact Assessment Procedure.
- 16. CHANGES TO THE POLICY
Zahlari Digital reserves the right to change, amend or alter this Policy at any point in time. If we amend this Policy, we will provide you with the updated version.
- 17. GLOSSARY
‘‘Consent’’ means any freely given, specific, informed and unambiguous indication of the Data Subject’s wishes by which he or she, through a statement or a clear affirmative action, signifies agreement to the processing of Personal Data relating to him or her.
“Database” means a collection of data organized in a manner that allows access, retrieval, deletion and processing of that data; it includes but not limited to structured, unstructured, cached and file system-type Databases.
“Data Processor means a person or organization that processes Personal Data on behalf and on instructions of Zahlari Digital.
“Data Subject” means any person, who can be identified, directly or indirectly, by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity.
“DPA” means the Ghana Data Protection Act, 2012.
“Personal Data” means any information relating to an identified or identifiable natural person (‘Data Subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person; It can be anything from a name, address, a photo, an email address, bank details, posts on social networking websites, medical information, and other unique identifiers such as but not limited to MAC address, IP address, IMEI number, IMSI number, SIM, Personal Identifiable Information (PII) and others.
“Sensitive Personal Data” means data relating to religious or other beliefs, sexual orientation, health, race, ethnicity, political views, trades union membership, criminal records or any other sensitive personal information.