Recruitment Terms & Privacy
Recruitment Terms & Conditions, Data Protection Statement and Consent Agreement
Part A — Website Terms and Conditions of Use
1. Interpretation and Definitions
In this Agreement, unless the context otherwise requires, the following terms shall bear the meanings assigned to them:
- “Agreement” — Means collectively Part A (Terms & Conditions), Part B (Privacy Policy), and Part C (Consent Agreement), as amended from time to time.
- “Candidate” — Any individual who registers on the Platform to search for employment, submit applications, upload a CV/résumé, or use any candidate-facing services.
- “Company” — Tana River Sugar Company Limited, a company incorporated under the Companies Act (Cap. 486), Laws of Kenya.
- “Content” — All text, data, graphics, software, information, CVs, cover letters, professional certifications, transcripts, sample work, and any associated personal data or contact details, job listings, assessments, messages, and other materials uploaded, posted, transmitted, or made available via the Platform.
- “Personal Data” — Any information relating to an identified or identifiable natural person as defined under §2 of the Data Protection Act, 2019.
- “Platform” — The online recruitment website, mobile application, and associated digital services operated by the Company at tanasugar.com (and all subdomains).
- “Services” — All recruitment, job-matching, career advisory, assessment, and related services provided through the Platform.
- “User” — Any Candidate, or visitor, who accesses or uses the Platform, whether or not registered.
2. Acceptance of Terms
By accessing, browsing, registering on, or using any part of the Platform, you irrevocably accept and agree to be bound by this Agreement in its entirety. This Agreement constitutes a legally binding contract between you and the Company.
You must be at least eighteen (18) years of age to use the Platform. By registering, you confirm you meet this minimum age requirement. The Company does not knowingly collect data from persons under 18.
If you do not agree to any part of this Agreement, you must immediately cease using the Platform and request deletion of your account in accordance with Part I, Section 2 of the Employment Act, 2007.
3. Nature and Scope
The Platform provides an online marketplace connecting potential Candidates seeking employment with the Company.
4. Acceptable Use Policy
You agree to use the Platform solely for lawful recruitment and career development purposes. You must not use the Platform:
- To post fraudulent, misleading, or deceptive information.
- To harvest, scrape, or collect data without consent.
- To post or transmit unsolicited commercial communications (spam).
- To post any Content that is defamatory, obscene, offensive or violates applicable law.
The Company reserves the right to remove any Content and suspend or terminate any application that violates this Acceptable Use Policy, without consent and without liability.
5. Company Obligations
We warrant that:
- The vacancy is genuine, lawful, and currently open.
- The job description accurately represents the role, duties and required qualifications.
- We hold all necessary licenses, permits, and authorisations to carry on business and to employ staff in the relevant jurisdiction.
- All advertised roles comply with the Employment Act, 2007 and the National Minimum Wage Order.
- The Company shall verify the information provided by applicants through background checks.
- The Company shall request supporting documentation.
- The Company shall disqualify applicants who provide false, misleading or incomplete information, and
- Withdraw any employment offer based on inaccurate information.
- The Company shall handle all Candidate Personal Data received via the Platform strictly in accordance with the Data Protection Act, 2019, and shall not use Candidate data for any purpose other than evaluating the relevant application.
6. Fraud Warning
Tana River Sugar Company Limited does not charge any fee at any stage of the recruitment process, including application, interview, assessment, training, or onboarding.
Applicants should report any request for payment purporting to be from Tana River Sugar Company Limited immediately to [email protected].
7. Intellectual Property Rights
All Content on this Careers Page, including text, logos, graphics, and job advertisements, remains the property of Tana River Sugar Company Limited and may not be reproduced without authorization.
By submitting your Personal Data to the Company, you acknowledge and agree to the following terms regarding your intellectual property rights:
- Ownership of Candidate Content — You retain full ownership of the intellectual property rights in your Candidate Content. We do not claim ownership or copyright over the original content, layout, or personal information you provide to us.
- License Granted to the Company — While you retain ownership, by submitting your Personal Data, you grant the Company a worldwide, non-exclusive, royalty-free, and sub-licensable license to collect, use, store, copy, modify, parse, and process the information contained within your Candidate Content.
- Third-Party Platform Processing — You acknowledge that the Company utilizes a third-party, cloud-based recruitment and Applicant Tracking System (ATS) platform to manage our recruitment process. By submitting your Candidate Content, you explicitly and voluntarily authorize the Company to transfer, process, and store your Candidate Content on the platform servers. The platform will only use your data to provide recruitment services to the Company and is compliant with data privacy laws such as GDPR, CCPA, PPDA and others.
- Data Retention — We will retain your application data for up to twelve (12) months to consider you for the current role or similar future openings, after which it shall be securely deleted.
- Candidate Rights — You have the right to access, correct, or delete your personal data, or to withdraw this consent at any time by contacting our Data Protection Officer at [email protected].
8. Limitation of Liability
While Tana River Sugar Company Limited endeavors to maintain accurate and current vacancy information, we do not guarantee uninterrupted access to the Careers Page and shall not be liable for technical interruptions, website downtime, or unsuccessful submissions caused by factors beyond our reasonable control.
9. Amendments
Tana River Sugar Company Limited reserves the right to amend these Recruitment Terms and Conditions at any time. Updated versions will be published on this website and shall take effect upon publication.
10. Governing Law
This agreement is governed by and construed in accordance with the Laws of Kenya.
Part B — Privacy Policy and Data Protection Statement
1. Categories of Personal Data Collected
Data provided directly by Candidates:
- Identity Data — Full name, date of birth, national ID/passport number, nationality, photograph.
- Contact Data — Email address, telephone number(s), physical address, country of residence.
- Professional Data — CV/resume, work history, education history, professional certifications, skills, and competencies.
- Application Data — Cover letters, responses to application questions, and portfolio work.
- Financial Data — Current salary, expected salary and benefits.
- Communication Data — Messages, emails, feedback, and support interactions on or through the Platform.
Data received from third parties:
- Reference providers, where the Company initiates a reference check.
- Publicly available sources, such as professional registers and academic verification bodies.
2. Purposes for Which Personal Data Is Used
- Candidate evaluation: reviewing CVs to match Candidates’ skills with job requirements.
- Facilitating job applications, shortlisting, and interview scheduling.
- Conducting identity verification and professional credential validation.
- Background screening: checking professional references, qualifications and criminal records.
- Communication management: sending transactional communications (application status updates and interview invitations).
- Diversity monitoring: tracking equal opportunity statistics using anonymized demographic data.
- Complying with legal and regulatory obligations.
- Talent pooling: storing profiles for future relevant job openings.
3. Data Retention
Applicant information may be retained for a reasonable period necessary to:
- Complete recruitment processes.
- Meet legal and regulatory obligations, or
- Consider applicants for future opportunities.
Thereafter, information will be securely deleted, anonymized, or archived in accordance with applicable laws and Company policies.
Part C — Candidate & Company Consent Agreement
In accordance with the Data Protection Act No. 24 of 2019, by registering on the Platform, the Candidate expressly consents to the collection, storage, use, and processing of their Personal Data — including contact details, professional history, qualifications, application materials, and any other information voluntarily provided — for the purpose of facilitating recruitment.
The Company confirms that all Candidate Personal Data obtained through the Platform shall be used solely for legitimate recruitment and hiring purposes and shall not be sold, transferred, disclosed, or used for any unrelated purpose.
The Company further undertakes to comply with the Data Protection Act No. 24 of 2019, maintain appropriate data protection policies and safeguards, and ensure that all recruitment activities conducted through the Platform are fair, merit-based, and free from unlawful discrimination in accordance with the Employment Act, 2007 and the Constitution of Kenya, 2010.
The Company also agrees to provide timely updates on recruitment outcomes — including shortlisting, interviewing, hiring, or unsuccessful applications — to facilitate candidate communication and maintain the integrity and effectiveness of the Platform.
