Terms & Conditions
Please read this agreement carefully before accessing or using the information and services available through “The J App” (“Site”). By accessing or using the Site, you agree to be bound by the terms and conditions below. We may modify this agreement at any time, and such modifications shall be effective immediately upon posting the modified agreement on the Site. Advertiser Terms and Conditions must be accepted and adhered to by Advertisers who use The J App services and the Site.
Copyright and trademarks
Copyright in the material and trademarks on this Site are owned by The J App unless otherwise indicated and you agree not to infringe any intellectual property rights owned by The J App, our parent company JR Innovates or affiliate companies.
Information for personal, non-commercial use only
You agree that information contained on this Site is for personal use only and may not be sold, redistributed or used for any commercial purpose (this includes but is not limited to the use of Advertiser contact details for unsolicited commercial correspondence). You may download material from this Site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.
You agree that you may not become a paid member The J App in order to access on behalf of others, modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this or any other version of the Site.
You may not use data mining, robots, screen scraping, or similar data gathering and extraction tools on this Site for establishing, maintaining, advancing or reproducing information contained on our Site on your own website or in any other publication, except with our prior written consent.
You agree that accessing membership and logged in areas of the site without permission for non-personal or commercial use constitutes trespass.
Information does not represent professional advice
You acknowledge and agree that information published by The J App is intended to provide general information in summary form on legal and other issues.
The J App does not endorse or recommend any of the advertisers, employers, job seekers or products advertised on its Site and The J App strongly recommends that prior to entering into any agreement with any of the Advertisers on the Site, that you obtain your own independent legal, accounting, financial, customer reputation, reference, background checking or taxation advice as appropriate. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise, products and other information provided through the Site or on the Internet generally. In no event will The J App be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon any information contained on or omitted from the Site.
No guarantees of availability
The J App gives no guarantee to you of the continued availability of any particular job or product advertised on the Site and will not be liable to you should an advertiser have filled or withdrawn a vacancy or jobseeker availability at any time prior to removal of the advertisement or resume from the Site.
Whilst The J App takes efforts to ensure that jobs or candidates advertised are genuine and that the data presented about the job or person is accurate, it gives no guarantee to you that every job or candidate description is free from errors or inaccuracies.
No guarantees or endorsements of sites or services we link to or that link to us
The J App may provide links and pointers to Internet sites maintained by third parties from its Site. Such linked sites are not under the control of The J App is not responsible for the contents (including the accuracy, legality or decency) of any linked site or any link contained in a linked site. The J App is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The J App of the linked site. The J App is not responsible for the copyright compliance of any linked site. The J App will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or third party service provided by any third party.
No guarantees as to the service
The J App provides no warranty to you that the services generally available through its Site will be uninterrupted or error-free or that defects in the service will be corrected. You also understand that The J App cannot and does not guarantee or warrant to you that files available for downloading through the Site or delivered via electronic mail through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
Our rights to use information you send us
The J App welcomes ideas and feedback from you about all aspects of the Site. You agree that The J App may reproduce, distribute, transmit, create derivative works of, and publicly display any materials and other information (including ideas for new or improved products and services) that you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by email or any other form of communication to The J App. (Please read our privacy for more information as to how we deal with information you send to us.)
No guarantees as to security of your information
While The J App takes all due care in ensuring the privacy and integrity of the information you provide, the possibility exists that this information could be unlawfully observed by a third party while in transit over the Internet or while stored on The J App systems. We disclaims all liability to you to the greatest extent possible pursuant to law should this occur.
Your responsibility for your password and login
To become a registered user, you must provide a password and a login name. You are entirely responsible if you do not maintain the confidentiality of your password and login name. Furthermore, you are entirely responsible for any and all activities that occur under your login name. You may change your password at any time by following instructions. You may also change your login by contacting customer service.
You agree to immediately notify The J App of any unauthorized use of your login name or any other breach of security known to you.
No misrepresentations allowed
You agree that it is a condition on your use of the The J App Website, The J App Data or Services and of any other services provided by The J App or through the Site that you will not either through any act or omission mislead or deceive others.
If any part of this agreement is held invalid that part shall be severed from this agreement and the remainder of this agreement will continue to be valid and enforceable.
Termination of this agreement will not end those provisions that are capable of surviving the ending of this agreement.
The laws governing this agreement will be the laws in Kenya and you irrevocably submit to the exclusive jurisdiction of its Courts.
Please review this Policy carefully to understand our practices.
This Site is not intended for children (i.e. under 18 years) and we do not knowingly collect data relating to children.
For ease of reference, the terms below as used in the Policy have the following meaning:
Account means the account you create when registering as a user on the Site to enable you access some of the Services.
Personal data means information relating to you and which can identify you as an individual (whether on its own or taken with other information). It does not include aggregated or anonymized data, which is information that can no longer identify you.
Services means such services made available, accessed, published or otherwise offered through the Site.
The J App is the data controller and responsible for your personal data (referred to as “we”, “us” or “our” in this Policy). If you have any questions about this Policy please send an email to firstname.lastname@example.org
Depending on the Services you are obtaining or accessing, we may collect, store, use and transfer the following different types of information:
- Identity information such as your first name, maiden name, last name, username or similar identifier, marital status, title, nationality, date of birth or gender.
- Contact information such as your email address and telephone numbers, the name of your business, and/or location.
- Account information relating to the use of the Site including profile data such as your username, password, orders, interests, preferences, survey responses and/or feedback.
- Automatic information and information about your device including technical data (internet protocol (IP) address, login data, time zone setting, browser type and version, location, browser plug-in types and versions, operating system and platform, and/or other technology on the devices you use to access the Site. Note that this automatic information and device information is used to screen for potential risks and fraud, to improve and optimize the Site, to ease access to the Site, and to carry out upgrades, data analysis, and improve the quality of services. You can set your browser to refuse all or some browser cookies, but this will make parts of the Site inaccessible or inhibit functionality.
- Marketing and communications data such as your preferences in receiving marketing from us and our third parties and your communication preferences.
Please note that this is not an exhaustive list.
We do collect sensitive personal data about you. This includes details about your race or ethnicity, religious or philosophical beliefs, sex life, information about your health, and genetic and biometric data. We also collect information about criminal convictions and offences.
WHAT IF I DON’T WANT TO PROVIDE ANY PERSONAL DATA
Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
HOW DATA IS COLLECTED
We collect personal information:
- That you provide to us directly for example through the Site, on the phone or through any other communication channel or method.
- We obtain from other sources.
- Using cookies, logs, web beacons, tags, pixels and other internet technologies (used to record information about how you browse the Site), for example the technical data.
ACCURACY OF THE DATA
It is important that the personal data we hold is accurate and current to enable us to deliver the Services. As such, please keep us informed if your personal data or any other information changes in the course of your use of the Site.
You guarantee and declare that you are the owner of the information you submit on the Site or share with us, or that you have the necessary rights to do so. You also guarantee and declare that it is exact, true and verified, and the use of the information is not contrary to this Policy or applicable laws and will not damage a third party’s reputation. You accept full and complete liability for any information that is contrary to this Policy or any applicable laws.
USE OF THE COLLECTED DATA
How we use your personal data depends on the Services you are accessing. We will use your personal data:
- To provide you with the Services, in particular:
1.1. Run targeted marketing campaigns
- To contact you about the Services, events and promotions (where you have agreed to us doing so).
- To comply with our legal obligations.
- To perform a task in the consideration of the greater public interest.
- Where necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
- Where the personal data is required for statistical or research purposes.
Note: we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data.
Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.
If you are a registered user of the Site, you are entirely responsible for maintaining the confidentiality of your password and login name. Furthermore, you are entirely responsible for any and all activities that occur under your account. You must immediately notify us of any unauthorized use of your login name or any other breach of security known to you.
The security and integrity of your personal data is important to us and we have in place appropriate security measures and take all due care to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. Unfortunately, we cannot guarantee its absolute security since there is no method of transmission over the internet or method of electronic storage that is fully secure. We disclaim all liability to you to the greatest extent possible under the law should such a breach of security occur.
SHARING YOUR PERSONAL DATA
Except as specified in this Policy, we will not disclose your personal data to third parties without your consent. Depending on the Services, we may share your personal data with:
- Internal third parties such as companies within the Group and who are based in Kenya and South Africa.
- External third parties such as service providers (for example, Amazon Web Services, Flutterwave, MailChimp), Kenya Revenue Authority and Facebook Analytics.
- Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets to. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this Policy.
Depending on the Services you are accessing, we may share certain personal information with third parties to help us use your personal information. For example, for users of The J App employer end users and internal staff have access to job seeker’s personal data. We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
TRANSFER OF DATA
Your personal information may be transferred outside Kenya either for ease of delivery of Services, storage or other necessary form of processing as described in this Policy. When such transfer is necessary and for your benefit, we ensure an appropriate and similar degree of protection is afforded to it by requiring implementation of relevant safeguards by the recipient of the personal data as required by the law in Kenya.
Your sensitive personal data will also be transferred outside of Kenya for the same reasons as described above in this section. By accepting this Policy, you are providing us with your express consent to transfer your personal data as laid out above. We will ensure an appropriate degree of protection is afforded to the transfer of sensitive personal data outside of Kenya by requiring implementation of relevant safeguards.
Please contact us if you would like further information on this.
RETENTION OF DATA
We will only retain your personal data for as long as reasonably necessary to fulfil the purposes for which it was collected, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. Your personal data may be retained for a longer period where there has been a complaint or there is a prospect of litigation with respect to your use of the Site.
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. You will receive marketing communications from us if you have requested information from us or purchased goods or services from us and you have not opted out of receiving the said marketing communications.
You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time.
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, product/service experience or other transactions.
YOUR LEGAL RIGHTS
In accordance with the applicable laws of Kenya, you may have the right to:
- Be informed of the use to which your personal data is being put.
- Access your personal data.
- Object to the processing of your personal data.
- Request restriction of the processing of your personal data.
- Request for correction of false or misleading personal data.
- Request the transfer of your personal data.
- Request erasure of false or misleading personal data. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
- Withdraw consent at any time where we are relying on consent to process your personal data.
We regularly review and update this Policy in order to reflect changes to our practices, for operational, legal or regulatory reasons, and for any other purpose. Any revisions to this Policy will be uploaded to the Site and such upload will be deemed to be sufficient communication to you. Where you are a registered user, we may elect, at our own discretion, to notify you of any revision through a notice on your account.