Terms of use and Privacy Policy
1.- Holder and Responsible
This site is property and operated by Jose Serrano Safaris Ltd (henceforth Enkewa), residing in 684-20500 Narok, Kenya and member identification number P051331945U.
Email address: jose@enkewa.com
The use of the website attributes the status of User, and implies full acceptance of it’s terms and conditions hereafter showed: Terms of Use and Privacy Policy and Cookies Policy.
1.2.- Description
Acceptance of our Terms of Use and Privacy Policy are required for the use of our website.
This Terms of Use and Privacy Policy regulate the compiling, treatment and use of your personal details and not personal as Enkewa user, following the date on which it enters into force mentioned in the heading of this document. Likewise, they show you the website terms of use and it’s functions (henceforth the service).
For using your personal details, Enkewa complies with prevailing legislation, local and European, as well as the terms for its application.
2.- Description and Use of the Service
Enkewa offers and exclusive and private oasis for getting to know a unique continent as it is Africa. In such a way, offer a professional service, based on the experience in this field, providing the ultimate African safari experience with a straightforward contact with African nature in a preserved environment in the middle of Masai Mara, Kenya.
Furthermore, throughout the website, you can get to know more information about Enkewa, and the services provided. You can find in detail:Information from Enkewa, the story and experience
- The different services offered like for example safaris, travel planning and cultural visits.
- Contact form for additional information and bookings.
The language on which the contract will be effected by Enkewa and buyer will be in Spanish or English.
3.- External links
Website might be linked to other website
However, we do not have control over those sites and contents, which are really subjected to their own terms and conditions. Nor do we assume the association or responsibility, and we do not ensure the technical availability, quality, reliability, accuracy or veracity.
4.- Intellectual and Industrial property
Enkewa content and information (among other things brands, logos, details, texts, image or IT code), as well as hardware or software used for providing the content and information, are from Enkewa property or has the corresponding authorization for its use.
That is to say, and by virtue of the implementing national and European regulations adopted according to the intellectual property, modification, reproduction, duplication, copies, distribution, sale, resale and other type of use for commercial purposes or equivalents from the Service and content are prohibited.
For other use of the content you will need our prior written consent , or depending on the instance, from the content authorities.
5.- User content
5.1.- Content
You can contribute with the Service by sending messages to our email address or throughout our application contact form in the website (henceforth “content”).
We can use your Content in different ways, such us: share it on our homepage, reformatting, translate to other languages, edit it for more clarity, correct mistakes, promote it or distribute it.
In other words, by sending us Content, you give license consent to Enkewa for worldwide use, no exclusivity, free, until the Content is no longer used, transferable and sub-licensable over that Content.
This means, the Content is still yours but Enkewa, thanks not that consent license of Content use, can: a) use, reproduce, modify, adapt, translate, distribute, publish the Content, create art pieces from the original piece, show it and exhibit worldwide, by any medium and any legitimate aim.; b) use the name related to the Content sent.
However, Enkewa keeps the right to not publish false or contrary content of third parties rights.
6.- Age
Regarding the use of the Service, you declare to be of legal age and have the legal capacity needed for binding agreement, and make use of it being in full compliance with its terms and conditions, with understanding and recognition in its entirety.
If you hire the Service under a company’s name, you declare to have the appropriate rights and representation on behalf of the organization.
You declare that all the information provided for accessing the Service, before and during its utilization, is truthful, complete and precise.
7.- Data protection
7.1.- Data gathered
Personal and non-personal information compiled changes depending on the use you make of the website and its characteristics.
The personal and non-personal information compiled by the Service, will be provided by three different sources: 1) automatically collected , 2) the one provided voluntarily and 3) provided by third parties.
7.1.1.- Data automatically provided
This information consists on:
- Provided data by cookies or similar mechanisms storage on your device, always with your allowance. Refer to our Cookies Policy for more info.
- The IP of which the connection is done, the type of device used and it’s characteristics, the operating system version, type of browser, the language, the date, the country, the hour of request, the reference URL or the mobile net used among others.
- Usage site details and possible detected errors during its utilization, like not founded sites or erroneous visualization.
- Also, Enkewa makes use of Google Analytics, an analyzing service provided by Google,LLC. with domain in the United States with central headquarters in 1600 Amphitheatre Parkway, Mountain View, California 94043. For the service delivery, they use cookies that collect data, including the user IP, which will be transmitted, treated and storage by Google under the fixed terms submitted in the website www.Google.com. Including the possibility of sharing the data with third parties by legal purposes or when those third parties processes the data on behalf of Google.
In any event, you can disable Google Analytics cookies here: https://tools.google.com/dlpage/gaoptout
7.1.2.- Data provided voluntarily
This information consists on:
- Personal or non-personal data, that could include messages sent throughout contact channels established under Enkewa website, for example your name, email address, country, phone and message.
- The personal data required for subscribing to the newsletter, name and email address
- Your photo, name, nickname or geolocation if you decide to take part in any of our activities in social media.
2.3.- Data provided by third parties
This information consists on:
- Data provided by social media or similar services.
7.2.- Rights
We inform you that the fill-in forms process are voluntary.
However, if you don’t fill-in the mandatory gaps (the ones normally with an asterisk), the use of some functions of the Service will might not be possible or will be limited.
The personal data provided will be added and will be processed in the Treatment Activities Registration from Enkewa, in order to attend to your requests, provide the required service, and keep you up to date with our latest activities and services.
By all means you can exert the access rights, rectify, remove, limit the process, opposition and portability of your personal data by sending a letter intended for: 684-20500 Narok, Kenya. Or to the email address: media@enkewa.com
In both cases you will have to identify yourself with your name, surname, as well as an ID copy or a national ID, if needed.
On the off-chance that you have given your consent for an specific purpose, you have the right to withdraw your consent at any time, without interrupting to the lawfulness of the data processing based on the previous consent to its removal.
Also, if you consider there is any issue with the way Enkewa is processing your data, you can submit complaints to the appropriate data protection authorities, being la Agencia Española de Protección de Datos the right for Spain.
7.3.- Data usage
Enkewa will use the compiled data for:
- Administer, provide and update the Service ( being the legal base our legitimate interest to remain and retain the Service up to date and in good conditions).
- Address your questions (being the legal base our legitimate interest to understand the requests and doubts of our users).
- Provide the service, if is hired in the end ( being the contract the legal base)
- Send you by email address our newsletter (being the legal base, depending on the event, the contractual relation or our legitimate interest for direct marketing actions based on the previous contractual relation, according to the article.21.2 LSSICE).
You have the right to disable the above from the same email you receive or by sending us an email to media@enkewa.com. However, you will not have the right to unsubscribe from specific correspondence, like security data messages or terms and conditions from the Service.
- Maintaining security Service, investigate illicit activities, enforce our terms and conditions and help to the state security authorities in the context of their eventual researches ( being the legal base our legitimate interest of ensure and maintain the Service security and its users).
Enkewa doesn’t use individual automated decisions.
In the same way, Enkewa can make use of its users data in the form of aggregated and anonymous for show them to third parties. Also, can share statistics and the demographic information and its utilization with third parties. But none of this before mention will allow third parties to identify you personally.
7.3.1.- On e-mails and contact forms
The website counts on with an encryption TLS that allows the user to send in a safe way its personal data by the standard contact form.
The personal data compiled will be subject to automated processing and added to the corresponding files from the activity registration and of which the Service is owner.
In this sense:
- We will receive your IP, which will be used to verify the origin of the message with the main purpose of offering the most appropriate recommendations ( for example providing the most suitable language) and for detecting possible irregularities ( for example potential cyber attacks to Enkewa), as well as data with your ISP.
- Moreover, you can provide us your details throughout the phone, email address and other ways of communication indicated.
7.3.2.- In Social media
We have profile in some of the principal social media platforms being Enkewa responsible of the management in relation to the published information on them (for example, uploaded pictures by Enkewa on which you can find human faces).
The information management that Enkewa will conduct in the different social platforms will be, at most, the one that the social network allows to corporate profiles.
So, the Service can inform, when not prohibited by law, to its followers by any source or way that the social network enables according to activities, as well as provide a tailor made attention service to the user.
In any case we withdraw data from social media, unless the user gives its occasional and express consent.
Where because of the very nature of the social networks, exercising your rights depends on the modification of your profile, we will help you and assess you to the extent of our ability.
7.4. – Conservation retention
Hereafter we mention for how long is the data remained by the Service:
- Disaggregated data is retained with no period of suppression.
- Users data will be retained for a maximum of 12 months for being able to attend their requests
- Users that have acquired our Service, their personal data will be retained the minimum time needed, able to hold it up to:
- 5 years, under this article.1964 from the Civil Code ( personal actions with a non specific period).
- 6 years, under this article.30 from the Commercial Code (accounting books or invoice, for example).
- The users data uploaded by Enkewa to its social media is retained ever since the user gives its consent, or the info has being uploaded for the legitimate interest of Enkewa, until the user disables it.
8.- Service providers and other
There are third parties that manage part of the Service
To this third parties, Enkewa demands the fulfilment of this Terms and Conditions and Privacy Policy where applicable and, in addition to this, they need to have its own policies. However, Enkewa will not be responsible for the compliance of such policy.
By a few circumstances, Enkewa can share, use, preserve or disclose personal information with third parties, in a non aggregated form:
- To provide the Service:
The suppliers that provide services under our name, for example, the web hosting, the statistics control, mail management, the web design and marketing or the commercial management. This service suppliers can gather and have access to the information needed for their performance, but by any circumstance can share or use the information for other purposes
- For co-operate with the competent authorities:
If we believe that it is reasonable needed for accomplishing any law, legal procedure or legitimate interest. In any case, we will only provide the strict information required.
9.- Responsibility
As far as the law enables it, Enkewa is not responsible for: a) the mistakes or omissions of the content; b) the website lack of accessibility or c) the transmission of malicious programs in the content, despite all the tech measures used to avoid it..
10.- Modifications
Enkewa reserves the right to make effective without notice the modifications that may consider appropriate in its website, being able to change, erase or add content of the services offered as well as the way this are exposed.
On the other hand, the current terms and conditions can be modified any time. The modifications will take effect by the time they are published.
11.- Cookies
View our Cookies Policy to know the use we make of them.
12.- Security measurements
Enkewa takes on all the technical and organizational measurements needed to protect the security and integrity of personal and non personal data compiled.
Either facing non authorized accesses or its variations, loss or accidental destruction.
In any case, Enkewa can’t ensure the absolute security of the compiled information, so you should contribute and use at all times the common sense according to shared information.
You understand and acknowledge that, even after deleting, the personal and non personal data can remain visible in cachet or if other users have duplicate it or compiled it.
13.- Contact
If you have any further doubt according to our terms and privacy policy, please contact with us to
E-mail: media@enkewa.com
Address: 684-20500 Narok, Kenya
