Data Protection Policy
TOTO TEMBO SAFARIS LIMITED
DATA PROTECTION POLICY
Table of Contents
Introduction
Data Governance Vision Statement
Toto Tembo Safaris Limited ("Toto Tembo") is a Kenyan-owned safari and travel company specializing in curated safari experiences, guided tours, and travel support services across East Africa. Through our work, we engage closely with our guests, employees, tour guides, drivers, partners, and service providers to deliver seamless and memorable travel experiences. In the course of our operations, we collect and process personal data necessary to plan, coordinate, and provide our services. This may include information shared by our guests when making bookings, details required for travel arrangements, as well as information relating to our staff and business partners. Toto Tembo prioritizes protecting the privacy and rights of all stakeholders including employees, partners, and clients by ensuring that data is processed lawfully, securely, and transparently. By embedding strong data governance practices into our operations, we seek to build trust, enhance compliance, and create meaningful impact in the hospitality industry.
Purpose & Material Scope
This Data Protection Policy applies to all employees, contractors, partners, and other stakeholders who handle personal data entrusted to Toto Tembo Safaris Limited (“you”, “your”).
This policy applies to everyone at Toto Tembo, employees, contractors, guides, and partners, and reading it is part of how we work. Data protection is the responsibility of everyone within the organization, and this Policy sets out the standards and expectations for handling personal data in line with the Kenya Data Protection Act, 2019.
Compliance with this Policy is mandatory. Related policies, procedures, and privacy guidelines will support you in interpreting and applying these requirements in your day-to-day work. You must comply with these documents in addition to this Policy.
Failure to adhere to this Policy may result in disciplinary action and, where applicable, legal consequences.
Policy Communication & Review
Regular communication and dissemination of this Policy across Toto Tembo is crucial to ensure awareness and understanding among all staff and stakeholders. This policy will be reviewed at least once every 12 months, or sooner if there are significant changes in law, technology, or how we operate. It is incumbent upon all Personnel to stay informed of any revisions to the policy and to promptly incorporate them into their practices and procedures.
Policy Statement
To make this policy easy to follow, here's what we mean when we use certain terms throughout.
Definitions
Toto Tembo: Toto Tembo Safaris Limited (‘‘The Organization”)
Data Subject: a living, identified or identifiable individual about whom we hold Personal Data. Data Subjects may be employees or contractors and have legal rights regarding their Personal Data.
Consent: agreement which must be freely given, specific, informed and be an unambiguous indication of the Data Subject's wishes by which they, by a statement or by a clear positive action, signify agreement to the Processing of Personal Data relating to them.
Controller: the person or organization that determines when, why and how to process Personal Data. It is responsible for establishing practices and policies in line with the relevant Data Protection Laws. We are the Controller of all Personal Data relating to Toto Tembo’s collected personal data.
Data Protection Impact Assessment (DPIA): tools and assessments used to identify and reduce risks of a data processing activity. A DPIA can be carried out as part of Privacy by Design and should be conducted for all major system or organizational change programmes involving the Processing of Personal Data.
Data Protection Officer (DPO): An individual designated by an organization to oversee and ensure compliance with data protection laws and regulations, particularly in relation to the processing of personal data.
Personal Data: any information identifying a Data Subject or information relating to a Data Subject that we can identify (directly or indirectly) from that data alone or in combination with other identifiers we possess or can reasonably access. Personal Data includes Special Categories of Personal Data and Pseudonymised Personal Data but excludes anonymous data or data that has had the identity of an individual permanently removed. Personal data can be factual (for example, a name, email address, location or date of birth) or an opinion about that person's actions or behavior.
Privacy by Design: implementing appropriate technical and organizational measures in an effective manner to ensure compliance with the Data Protection Act Kenya, 2019.
Privacy Notices: separate notices setting out information that shall be provided to Data Subjects when the organization collects information about them.
Processing or Process: any activity that involves the use of Personal Data. It includes obtaining, recording or holding the data, or carrying out any operation or set of operations on the data including organizing, amending, retrieving, using, disclosing, erasing or destroying it. Processing also includes transmitting or transferring Personal Data to third parties.
Pseudonymisation or Pseudonymised: replacing information that directly or indirectly identifies an individual with one or more artificial identifiers or pseudonyms so that the person to whom the data relates cannot be identified without the use of additional information which is meant to be kept separately and secure.
Special Categories of Personal Data (Sensitive Personal Data): information revealing racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership, physical or mental health conditions, sexual orientation, biometric or genetic data.
Personal Data Handling
We prioritize the protection and responsible handling of personal data. Below is a summary of our data handling practices.
Types of Personal Data Collected
We collect various types of personal data from different stakeholders, including but not limited to the following:
Employees/Drivers/Tour Guides
Personal Information: Name, gender, age, date of birth, physical address, KRA Pin, email addresses
Identification Documents: ID
Financial Information: Bank details
Professional Information: Academic records, Referee details, employment contract, job title and description.
Driving License details
Clients
Personal Information: Names, phone numbers, email addresses
Identification Documents: ID/Passport where required
Booking and travel information
Payment and billing information
Location and itinerary details
Photography Consent
Service providers
Personal Information: Names, physical address, KRA Pin
Identification Documents: ID.
Financial Information: Banking details
Potential employees and consultants
Personal Information: Names, age, physical address, email address
Identification Documents: ID
Professional Information: Academic papers, referee details
Strategic & Operational Partners (Including hotels, lodges, airlines, travel agents, tour operators, technology partners, insurance partners, and destination service providers)
Business and registration details
Contact persons’ names, roles, phone numbers, and email addresses
Contractual and partnership agreements
Operational coordination data (booking references, service schedules, pickup/drop-off details)
Financial and billing information where applicable
Not all categories of personal data listed above are collected from every data subject; data collected is limited to what is necessary for the specific purpose.
Purposes for Data Collection
At Toto Tembo, data collection serves essential purposes, including program implementation, recruitment, contract management, and other organizational needs.
Employees/Drivers/Tour Guides
For recruitment, onboarding, and employment management
To manage driver vetting, licensing, and compliance checks
To process payroll, statutory deductions, and benefits
To manage duty rosters, assignments, and performance
To ensure safety, incident reporting, and operational accountability
Clients
To process bookings, reservations, and travel arrangements
To provide tours and travel-related services
To communicate itineraries, updates, and customer support information
To process payments, invoices, and refunds
To meet insurance, safety, and regulatory requirements
Service providers
For vendor registration, contracting, and procurement processes
To facilitate payments and financial reconciliation
To support audits, compliance, and record keeping
Potential employees and consultants
For recruitment and vetting purposes
To evaluate qualifications and suitability for engagement
To maintain a talent pipeline for future opportunities
For contacting referees and verifying background information
Strategic & Operational Partners (Including hotels, lodges, airlines, travel agents, tour operators, technology partners, insurance partners, and destination service providers)
To establish and manage partnerships with hotels, lodges, airlines, tour operators, and travel agents
To coordinate service delivery, including bookings, transfers, and accommodation arrangements
To manage contractual obligations, settlements, and reconciliation
To support joint marketing, operational planning, and service integration where applicable
Data Collection Methods
We collect personal data in a structured, transparent, and lawful manner, in accordance with the Kenya Data Protection Act, 2019. The methods we use to collect personal data depend on the nature of the services we provide and our relationship with the individual concerned.
Direct Interactions
Description: Personal data is collected directly from data subjects when they voluntarily provide information to Toto Tembo Safaris Limited in the course of making bookings, entering into contracts, seeking customer support, or engaging with our services. Medium: Website enquiry forms, reservation coordination tools, and partner booking platforms where applicable, written contracts, email correspondence, telephone calls,in-person at our camps and lodges, airport transfer points, and during guided activities in the field.
Third Parties
Description: We may lawfully obtain personal data from third parties where necessary to provide services or comply with legal and contractual obligations. Data received from third parties is limited to what is relevant and necessary for the intended purpose. Sources include: Payment processors, insurance providers, corporate clients, travel partners, accommodation providers, government authorities, and regulatory bodies. Medium: Secure transfers through official documents, emails, approved digital systems, and verified partner channels.
Automated Collection (Systems & Platforms)
Description: Personal data is collected through our website and other approved digital platforms used for reservations, inquiries, feedback, and service management. Data is captured through structured digital interfaces designed to facilitate service delivery and customer engagement. Medium: Website contact forms, booking engines, mobile communication tools, and integrated third-party booking platforms.
Automated Systems & Technologies
Description: Certain personal data may be collected automatically through systems and technologies deployed by Toto Tembo to support service delivery, operational efficiency, and safety. Automated collection supports booking management, fleet operations, security, and service optimization. Medium: Booking and reservation systems, fleet management systems, GPS tracking of vehicles (where applicable and lawful), system logs, and access records.
GPS tracking of fleet vehicles is used strictly for fleet safety and operational coordination and is not used to monitor individual employees beyond what is necessary for safety and scheduling
Personal Data Protection Principles
We follow the key principles for the processing of personal data as set out in the Kenya Data Protection Act, 2019. These principles guide how we collect, use, store, and protect personal information:
Lawfulness, fairness and transparency
We are committed to collecting, using, and sharing personal data in a fair and lawful manner, in line with the Kenya Data Protection Act, 2019. We ensure that personal data is only handled for clear and legitimate purposes, while maintaining a balance between our operational needs and the rights and expectations of the individuals concerned.
Legal Grounds for Processing Personal Data
Under the Kenya Data Protection Act, personal data shall be processed under the following lawful bases:
Consent: Personal data processing is permissible if explicit consent has been obtained from the data subject for such processing. Consent must be freely given, specific, informed, and unambiguous.
Contractual Necessity: Processing of personal data may be necessary for the performance of a contract between Toto Tembo Safaris Limited and the data subject. This includes obligations related to enrollment contracts, employment agreements, or service contracts.
Legal Obligation: We process certain categories of personal data to comply with statutory obligations, including tax requirements, labor laws, and data protection regulations.
Legitimate Interests: We may process personal data under legitimate interests, enabling activities without explicit consent, as long as they do not overly impact individuals' rights. Data subjects can object to this processing if they feel their rights outweigh the organization's interests, which Toto Tembo Safaris Limited must honor unless strong grounds justify otherwise.
Protection of Vital Interests: Processing of personal data is justified when necessary to protect the vital interests of the data subject or another individual. This includes emergency healthcare coordination or safeguarding concerns that may arise in the course of service delivery.
Public interest/ authority: Our operations may, in limited circumstances, involve the processing of personal data to support public safety, transport regulation, and lawful cooperation with public authorities. This includes compliance with road safety requirements, accident reporting, insurance claims, security investigations, and lawful requests from regulatory bodies or law enforcement agencies. Such processing is undertaken strictly in accordance with applicable laws and serves broader public interest objectives, including public safety, security, and regulatory oversight.
Research: We may process personal data for internal analysis and service improvement purposes, including assessing service performance, customer satisfaction, route optimization, fleet utilization, and operational planning. Where feasible, data used for analysis, reporting, or trend evaluation will be anonymized or pseudonymized to minimize privacy risks and protect the identity of individuals.
Purpose limitation
Personal Data must be collected only for specified, explicit and legitimate purposes. It must not be further Processed in any manner incompatible with those purposes.
You cannot use Personal Data for new, different or incompatible purposes from that disclosed when it was first obtained unless you have informed the Data Subject of the new purposes and they have consented where necessary or you have accurately relied on another legal basis for such processing.
Data Minimization
Personal Data must be adequate, relevant and limited to what is necessary in relation to the purposes for which it is Processed.
You shall only Process Personal Data when performing your job duties requires it. You cannot Process Personal Data for any reason unrelated to your job duties.
You shall only collect Personal Data that you require for your job duties: do not collect excessive data. Ensure any Personal Data collected is adequate and relevant for the intended purposes.
You must ensure that when Personal Data is no longer needed for specified purposes, it is deleted or anonymized in accordance with the organization’s data retention guidelines.
Accuracy
Personal Data must be accurate and, where necessary, kept up to date. It must be corrected or deleted without delay when inaccurate.
You must ensure that the Personal Data we use and hold is accurate, complete, kept up to date and relevant to the purpose for which we collected it. You must check the accuracy of any Personal Data at the point of collection and at regular intervals afterwards. You must take all reasonable steps to destroy or amend inaccurate or out-of-date Personal Data.
Storage Limitation
Personal Data must not be kept in an identifiable form for longer than is necessary for the purposes for which the data is processed.
We will maintain retention policies and procedures to ensure Personal Data is deleted after an appropriate time, unless a law requires that data to be kept for a minimum time.
You must not keep Personal Data in a form which permits the identification of the Data Subject for longer than needed for a legitimate purpose or purposes for which we originally collected it including for the purpose of satisfying any legal, accounting or reporting requirements.
You will take all reasonable steps to destroy or erase from our systems all Personal Data that we no longer require in accordance with all Toto Tembo Safaris Limited’s applicable records retention schedules and policies. This includes requiring third parties to delete that data where applicable.
Retention periods are defined in Toto Tembo’s Records Retention Schedule, which is reviewed periodically.
Security, integrity & confidentiality
We are committed to securing personal data through appropriate technical and organizational measures to protect against unauthorized or unlawful processing, and to prevent accidental loss, destruction, or damage.
We will develop, implement, and maintain safeguards appropriate to our size, operations, resources, and the nature of the personal data we process, taking into account identified risks.
We will regularly evaluate and test the effectiveness of these safeguards to ensure the security of our processing activities. Everyone at Toto Tembo Safaris Limited is responsible for safeguarding the personal data we hold. It is essential to implement reasonable and appropriate security measures to protect against unlawful or unauthorized processing, as well as accidental loss or damage to personal data.
Special attention must be given to protecting Special Categories of Personal Data from loss, unauthorized access, use, or disclosure. You must adhere to all procedures and technologies established to maintain the security of personal data from the point of collection to its eventual destruction.
Personal data shall only be transferred to third-party service providers who commit to complying with our required policies and procedures and who implement adequate security measures as specified.
You must maintain data security by protecting the confidentiality, integrity and availability of the Personal Data, defined as follows:
Confidentiality: only people who have a need to know and are authorized to use the Personal Data can access it;
Integrity: Personal Data is accurate and suitable for the purpose for which it is processed; and
Availability: authorized users are able to access the Personal Data when they need it for authorized purposes.
Cross - Border Transfer Limitation
Toto Tembo Safaris Limited must comply with data protection laws concerning the transfer of personal data across borders to uphold individuals' data protection standards. A cross-border transfer includes transmitting, accessing, or viewing personal data outside Kenya. It is mandatory to adhere to the conditions set out in the Data Protection Act 2019, on cross-border data transfers and any other instruments that will be put in place from time to time by the organization.
Where cross-border transfers occur, we ensure appropriate safeguards are in place, including contractual protections, regulatory approvals where required, and assessments of data protection standards in the recipient country.
Accountability
Toto Tembo Safaris Limited implements technical and organizational measures to ensure compliance with data protection principles. To ensure and document data protection compliance, we must:
appoint a suitably qualified DPO (where necessary) or an executive accountable for data privacy
implement Privacy by Design when Processing Personal Data and completing DPIAs where Processing presents a high risk to rights and freedoms of Data Subjects
integrate data protection into internal documents
regularly train Organization Personnel on this Data Protection Policy, Related Policies and Privacy Guidelines, and data protection matters
regularly test the privacy measures implemented and conduct periodic reviews and audits to assess compliance, including using results of testing to demonstrate compliance improvement effort.
Rights & Responsibilities
Data Subject Rights
We uphold the rights of data subjects in accordance with the Data Protection Act, 2019. These rights encompass:
Right to Withdraw Consent: Data subjects can withdraw their consent to data processing by Toto Tembo Safaris Limited at any time subject to any provided exemptions.
Right to Information Access: Data subjects are entitled to receive detailed information about the processing of their personal data.
Right to Data Access: Data subjects can request access to their personal data held by Toto Tembo Safaris Limited.
Right to Object to Processing: Data subjects have the right to object to the processing of their personal data based on legitimate interests or public interest.
Right to Data Rectification and Erasure: Data subjects may request the correction or deletion of inaccurate or unnecessary personal data.
Right to Restriction of Processing: Data subjects can request restrictions on the processing of their personal data in certain circumstances.
Right to Data Portability: Data subjects have the right to receive their personal data in a structured, commonly used, and machine-readable format, and to transmit it to another controller.
Right to Object to Automated Decision-Making: Data subjects can object to decisions based solely on automated processing, including profiling.
Right to Data Breach Notification: Data subjects must be notified of personal data breaches likely to result in high risk to their rights and freedoms.
Right to Lodge a Complaint: Data subjects have the right to lodge a complaint with the Office of the Data Protection Commissioner (ODPC) if they believe their rights have been infringed by Toto Tembo Safaris Limited.
Toto Tembo Safaris Limited’s Responsibilities as a Data Controller & Processor
As a data controller & Processor, We bear the responsibility of ensuring compliance with data protection laws and upholding the rights of data subjects. This entails:
Data Processing Compliance: Ensuring that all data processing activities adhere to relevant data protection regulations, in Kenya.
Data Security: Implementing robust security measures to protect personal data against unauthorized access, disclosure, alteration, or destruction.
Privacy by Design: Integrating data protection principles into the design and implementation of systems, processes, and projects from the outset.
Data Subject Rights: Facilitating the exercise of data subject rights in 4.4.1
Appointing a Data Protection Officer (DPO): Depending on the nature and scale of its processing activities, Toto Tembo shall be required to appoint a Data Protection Officer (DPO) to oversee compliance with data protection laws and regulations and this privacy policy.
Data Breach Management: Establishing procedures for promptly identifying, assessing, and responding to data breaches, including notifying supervisory authorities and affected individuals where necessary.
Documentation and Record-Keeping: Maintaining comprehensive records of data processing activities, including purposes, categories of data, recipients, and any relevant safeguards.
Data Protection Impact Assessments (DPIAs): Conducting DPIAs where necessary to assess and mitigate the risks associated with data processing activities, particularly those involving high risks to data subjects' rights and freedoms.
Vendor Management: Ensuring that any third-party vendors or processors involved in data processing activities adhere to appropriate data protection standards and contractual obligations.
All data protection queries, requests, or complaints should be directed to the designated Data Protection Officer or responsible officer through official company communication channels.
Consent as a Legal Basis
Toto Tembo Safaris Limited relies on multiple lawful bases for processing personal data, including contractual necessity, legal obligation, legitimate interests, and consent where appropriate. Consent is primarily relied upon where data subjects have a genuine choice and control over the processing, such as for optional communications or marketing activities.
Privacy by Design & Default
Toto Tembo Safaris Limited is committed to embedding Privacy by Design and by Default in all programs, systems, and processes that involve the Processing of Personal Data. This means ensuring that privacy and data protection considerations are integrated into the very design stage of any system or process, rather than being an afterthought.
When implementing Privacy by Design measures, we will take into account the following factors:
The state of the art - adopting modern and up-to-date technical and organizational measures.
The cost of implementation - ensuring solutions are effective, practical, and sustainable.
The nature, scope, context and purposes of Processing - aligning data collection and use with organizational objectives.
The risks of varying likelihood and severity for rights and freedoms of the Data Subject posed by the Processing – assessing the likelihood and severity of potential impacts on the rights and freedoms of individuals and applying appropriate safeguards.
A Data Protection Impact Assessment (DPIA) shall be conducted where processing is likely to result in a high risk to the rights and freedoms of data subjects, including the introduction of new technologies, large-scale processing, GPS tracking, or significant changes to existing processing activities.
Breach Notification
In line with the Kenya Data Protection Act, 2019, Toto Tembo Safaris Limited is required to notify the Office of the Data Protection Commissioner (ODPC) in the event of a personal data breach that meets the legal threshold, and, where necessary, notify the affected data subjects.
We have established internal procedures to ensure all suspected or confirmed data breaches are addressed promptly and effectively. This includes immediate containment, assessment, and notification.
If you know or suspect that a personal data breach has occurred, do not attempt to investigate the matter yourself. Immediately contact the designated person or team responsible for handling personal data breaches. Ensure that all evidence related to the potential breach is preserved.
Sharing of Personal Data
We shall share personal data with third parties strictly in accordance with The Data Protection Act, 2019. Such sharing occurs only when a valid contractual agreement is in place to govern the process. To ensure lawful and secure handling of personal data by third parties, we utilize Data Sharing Agreements or Data Processing Agreements.
These agreements clearly define the specific purposes, scope, and responsibilities of all parties involved, ensuring the rights and privacy of our stakeholders are safeguarded. We are fully committed to sharing data in alignment with legal obligations, organizational policies, and the principles of transparency, integrity, and proportionality.
Toto Tembo conducts due diligence on third parties prior to engagement and may carry out periodic reviews to ensure continued compliance with data protection obligations.
Training & Audit
We are committed to ensuring that all employees and partners receive comprehensive training on data privacy and security. This training equips staff with the knowledge and skills necessary to comply with the Kenya Data Protection Act, 2019, as well as our internal policies and procedures.
We will ensure that the team completes training and consistently applies the principles learned. This approach promotes a strong culture of data protection awareness and compliance.
In addition to training, we will conduct regular audits and reviews of its systems and processes to monitor compliance with this Data Protection Policy. These audits assess whether technical, organizational, and procedural safeguards remain effective and aligned with legal requirements. Where gaps are identified, corrective action will be taken promptly to strengthen compliance and protect personal data.
Non-Compliance
We require all employees, consultants, suppliers, and partners to adhere to strict standards of confidentiality, integrity, and responsible handling of personal data. Unauthorized access, disclosure, modification, or misuse of personal data is strictly prohibited.
Any employee, contractor, or partner found to have intentionally or negligently violated this Data Protection Policy will be subject to disciplinary measures, which may include warnings, suspension, termination of contracts, or other sanctions as deemed appropriate.
In addition, non-compliance with data protection obligations may result in legal action by affected individuals, enforcement by the Office of the Data Protection Commissioner (ODPC), or referral to other competent authorities in accordance with the law.
Version History
This Policy must be created, approved, and reviewed according to Toto Tembo Safaris Limited’s internal Review Processes
Document Management & Approvals
Acknowledgment of Receipt
I, ………………………………………………………………………..……………….., acknowledge that on ……………………………...I received and read a copy of Toto Tembo Safaris Limited’s Data Protection Policy, dated ………………………….………..and understand that I am responsible for knowing and abiding by its terms. I understand that the information in this Data Protection Policy is intended to help Toto Tembo Safaris Limited Personnel work together effectively on assigned job responsibilities and assist in the use and protection of Personal Data. I understand that this Data Protection Policy does not set terms or conditions of employment or form part of an employment contract.
Signed ……………………………………………………….
Printed name ………………………………..…………………………………………………… Date ………………………………………………………