Communities in Kenya Push for Recognition of their Land Rights

Last updated January 30, 2013.

Welcome to the namatimain.wpengine.com website (the “Site”), operated by Namati, Inc., a Delaware corporation (“Namati”, “we”, “us” or “our”). Your use of the Site or use of any of the services offered on or via the Site (collectively, the “Services”) is subject to these terms of use (the “Terms”). We may modify the Terms at any time without notice to you by posting revised versions of the Terms on our Site. Your use of the Site and any Services constitutes your binding acceptance of the Terms and Namati’s Privacy Policy, including any modifications that we make. If you do not agree to the Terms, do not use this website.

ACCESSING THE SITE

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CONTENT

Acceptable Uses

Our Site includes a combination of content that we, our users and other third parties create (collectively, the “Content”). All of the Content available through the Site including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and animations, is trademarked or copyright protected. Content posted to the Tools Database at namatimain.wpengine.com/tools (such content, the “Tools”) is intended to be used as part of a platform provided for practitioners to share experiences and resources, including, but not limited to, research, training materials, monitoring and evaluation tools, case management systems and advocacy strategies. You may use a Tool to assist in performing issue advocacy consistent with the mission of Namati as published at https://namati.org/about/our-mission (the “Mission”), provided that your use of a Tool must in no way violate any law of the jurisdiction in which such Tool is used. Except as permitted herein, you may not use, store, display, modify, reproduce, publish, transmit, participate in the transfer or sale of, create derivative works of, distribute, publicly perform, publicly display or in any way exploit any of the materials or content on the Site in whole or in part.

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PRIVACY POLICY

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INDEMNIFICATION

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• your use of the Site;
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GOVERNING LAW

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Copyright Policy and Digital Millennium Copyright Act (“DMCA”) Notice

Materials may be made available through the Site by third parties who are not under our control. Namati respects the copyright interests of others and, as such, requires our users to comply with all Terms regarding copyrights. It is our policy to terminate user accounts for failure to comply with our copyright policy. If you believe that any Content shown on or transmitted through the Site violates these Terms or your copyright please report the violation. In the case of a copyright violation please provide a written notice with a physical or electronic signature and the following information:

• a description of the copyrighted work or other intellectual property that you claim has been infringed;
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• an address, a telephone number and an email address where we can contact you and, if different, an email address where the alleged infringing party, if not Namati, can contact you;
• a statement that you have a good-faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent or by law; and
• a statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf.

All notices should be sent to our designated agent as follows:

• Mia Velasco, c/o Namati
• 1616 P Street NW, Suite 101
• Washington, DC 20036
• miavelasco@namati.org

It is often difficult to determine if your intellectual property rights have been violated. We may request additional information before we remove allegedly infringing material.

MISCELLANEOUS

We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Site, our delivering them to you through email or your otherwise becoming aware of such notices through other means. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms must be filed within one (1) month after such claim or cause of action arose or it will be forever barred. These Terms, including the Privacy Policy, constitute the entire agreement between you and Namati and govern your use of the Site, superseding any prior agreements that you may have with us. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in full force and effect.

Last updated: May 25, 2018

Our Privacy Policy

Welcome to the namati.org website (the “Site”) and the Grassroots Justice Network forum (the “Forum”), operated by Namati, Inc., a Delaware corporation (“Namati”, “we”, “us” or “our”). We share your concern about the protection of your personal information online. This privacy policy (“Policy”) describes how we maintain the privacy of the personal information we collect online in connection with the Site and Forum.

When the Policy Applies

This Policy describes our privacy practices and sets out your obligations and ours with respect to your use of the Site and the Forum. This Policy applies only to the Site and the Forum and does not necessarily apply to our offline collection of information.

By using the Site and/or Forum, you agree to abide by the terms of this Policy and the terms of use (the “Terms”) and you consent to our using any information that you provide to us or that we collect, in accordance with the terms of use and the terms and conditions of this policy. If you do not agree to this policy and the terms, do not use the site.

Information We Collect and Track

Namati may collect and retain two types of information about Site and Forum visitors: (i) personal information that individual visitors voluntarily provide when interacting on the Site or Forum or on certain other occasions (such as via forms or in emails); and (ii) tracking data, which is data that is automatically collected from every Site and Forum visitor as they use and browse the site.

Information that You Submit

We may, from time to time, store and archive the information you submit to or through the Site and Forum. The information that we gather may include your name, title, and address, telephone number, email address, credit card number or other elements of personal information. In addition, if you contact us, we may keep a record of your correspondence, including any information contained therein.

You may decline to provide any personal information, but please realize that you thereby may be unable to register or to participate in activities or services offered on the Site and/or Forum.

Information that We Collect

In addition to the information you submit to or through the Site and Forum, we also may collect and store data from and about you gathered in the course of your use of the Site and Forum. We call this “tracking data.”

Such tracking data may include, but is not limited to, information regarding the number and frequency of visits to the Site and Forum, the websites that you access before and after you visit the Site and Forum, the software and operating system used to access the Site and Forum, and your IP address and Internet service provider.

How We Use Your Information

The information that you provide to us and that we may collect in the future is used for our legitimate interests and the purpose for which you provided it only, subject to the terms of this Policy and the Terms of Use.
Our use of your Information involves various forms of communication with you, including:

• responding to your requests or correspondence;
• contacting you about the Site or Forum;
• requesting your input regarding ways in which we might improve the Site or Forum
• informing you about Namai and the Grassroots Justice Network’s activities, products, services, events and fundraising efforts in which we hope you may be interested;
• notifying you about posts and other activity on the Forum;
• resetting your password and helping to keep your account secure;
• contacting you in special circumstances related to your account; and
• contacting you about legal requests, such as a request to remove content that infringes on copyright laws.

Third Parties and Your Information

We will not disclose any personal information to third parties, except:

• to parties who perform a service for us, such as sending you mail or email, web hosting, credit card processing and other similar services;
• to donors who enquire about potential grantees;
• when you have requested or authorized the disclosure of such information;
• when we believe that such disclosure is required by law;
• to enforce this Policy or the Terms;
• to protect the rights, property, security or safety of Namati, Site users or the public;
• to respond to an emergency; or
• as otherwise stated in this Policy.

Information provided to third parties is limited to the information needed to perform their functions. We seek to limit third-party use of information; however, we are not responsible for such third-party use of information.

We retain the right to transfer or assign all information pursuant to a merger, purchase or other transaction relating to Namati or our assets.

The current list of third-party service providers we use include:

Akismet
Reduces spam posts on the Forum.
Privacy notice: https://automattic.com/privacy/

Amazon Web Services 
Stores backups for the Site and the Forum.
Privacy notice: https://aws.amazon.com/privacy/

Digital Ocean
Hosts and stores backups for the Forum.
Privacy notice: https://www.digitalocean.com/legal/privacy/

Google Analytics
Compiles visitor statistics on the Site and Forum. You can opt out of Google Analytics using a browser extension.
Privacy notice: https://www.google.com/analytics/terms/

GoToWebinar
Online service for organizing and hosting webinars.
Privacy notice: https://www.logmeininc.com/legal/privacy

MailChimp
Provides mailing list and mail server services for sending newsletters, Forum notifications, and weekly email summaries.
Privacy notice: https://mailchimp.com/legal/privacy/

Salesforce
Online service providing contact management system.
Privacy notice: https://www.salesforce.com/company/privacy/

WP Engine
Provides cloud servers for hosting the Site.
Privacy notice: https://wpengine.com/legal/privacy/

Zapier
Online service to automate adding member data to Salesforce.
Privacy notice: https://zapier.com/privacy/

How Long Your Information is Stored

Personal information you submit via your member account, other than information provided or content posted by you to public areas of the Site as described below, is deleted from Namati’s records following the deletion of your account. However, such information may continue to be retained by third-party service providers to which it has been disclosed for one of the reasons listed above.

Where Your Information is Stored

Your Information is stored on Digital Ocean servers in New York, USA.

How Your Information is Protected

We take reasonable precautions to protect your information from loss, misuse or alteration. You should recognize, however, that there is no such thing as “perfect security” on the Internet, and we cannot guarantee the security of your information. In addition, because Internet communications are unsecure, it is also possible that the information you supply to us or your access of any information via the Site will be intercepted during transmission. We are not liable for any breach of our systems or interception of our transmission, and we hereby fully disclaim, to the fullest extent possible under law, any liability associated with any claim relating to a breach of security, data or information.

You should be aware that any information provided or content posted by you to public areas of the Site, including but not limited to interactions on the Site and information posted to the Member Directory (via your profile), the Tools Database and the Forum, may be read, collected or used by other visitors of the Site, who may not need to log in as a member to view the information. Namati is not responsible for the third-party use of any information provided in such manner. By participating in the use of the Site’s interactive features, you consent to Namati’s use or disclosure of any content that you submit. For more information on posting content, please see our Terms.

Automated Decisions Based on Your Information

The Forum uses data about your posts and other activity to make automated decisions about whether your posts are spam.

The Forum may also use data about your posts and activity to award you badges and calculate a trust level for your account. Your trust level may affect how you can participate in the Forum, such as whether you can upload images, as well as give you access to moderation and management powers in the Forum. Your trust level, therefore, reflects Forum administrators’ confidence in you, and their willingness to delegate community management functions, like moderation.

Other Communications

From time to time, we may email users of the Site or the Forum information regarding important developments affecting Namati and/or the Global Grassroots Justice Network. We may also email users on occasion regarding the Site or the Forum. Such emails may be sent to users of the Site or Forum even if they have not requested to receive any communication from us.

You may choose to unsubscribe from future emails by using the unsubscribe link included in all mass email correspondence from Namati and the Grassroots Justice Network.

Referrals

If a user elects to use our referral service to inform a friend about the Site and Forum, we request the name and email address of the friend. Namati will automatically send the friend a one-time email inviting the friend to visit the Site. Namati stores this information for the sole purpose of sending this one-time email, and, while a third-party mail service provider may retain the information in its database, no additional emails will be sent by Namati without further action by the friend.

Links to Third-Party Websites

The Site and the Forum may contain links to websites owned and operated by other parties. We are not responsible for and have no control over the privacy policies of those sites. We encourage you to review the privacy policies and terms of use of those sites prior to providing them with any information.

Cookies

Namati uses cookies. Cookies are small pieces of information that a website transfers to your computer’s hard drive for record-keeping purposes and may have unique identifiers and transmit information about you and how you use the Site. Such information may include your search preferences, your browser type and the date and time of use. If you choose, you can disable some (but not all) Cookies in your device or browser settings, but doing so may affect your ability to use the Site.

Namati does permit several non-advertising third parties to set third-party cookies in order to enhance Site functionality. These third parties may include, but are not limited to: Addthis, Facebook, Google, and Vimeo. For more information on the cookies that these third parties set, users are encouraged to consult the privacy policies and terms of use of these third parties.

Children Under the Age of 13

Because Namati is concerned about the privacy protection of children who access the Internet, we comply with the Children’s Online Privacy Protection Act (COPPA). Accordingly, the Site and Forum are not intended for use by anyone under the age of 13, and we do not knowingly collect information from anyone under 13 years of age without the consent of a parent or guardian.

Compliance with Laws

We reserve the right to disclose any information to comply with any law, regulation, decree, judgment, order, subpoena or any other governmental order (“Order”) without any obligation to contest or verify the accuracy of such Order.

Applicable Laws

This Policy will be governed by and construed in accordance with the laws of the State of New York, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to any use of the Site will be filed only in the state or federal courts located in New York County, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

The section titles in this Policy are for convenience only and have no legal or contractual effect.
The Site, the Forum, and any third party services they use, may be subject to additional terms and conditions regarding privacy and use of information. Your use of the Site and the Forum is subject to those terms and conditions, which are incorporated into this Policy by reference. In the event of an inconsistency between this Policy and any additional posted conditions, the provisions of the additional conditions shall control.

Changes to the Policy

We may need to change the Policy from time to time in order to address new issues and to reflect changes on the Site or in the law. We reserve the right to revise or make any changes to the Policy, and your continued use of the Site subsequent to any changes to this Policy will mean that you agree to and accept such changes. You can tell if the Policy has been updated by checking the last revised date posted on the top of this page.

Your Rights Under the Policy

You can access, remove, update or correct your information in your Site profile and your Forum profile.

You can also access, remove, update or correct your information, and raise any questions or concerns regarding the Site or the Policy, by emailing privacy@namati.org, or mailing:

Namati Data Protection Officer
1616 P Street NW, Suite 101
Washington, DC 20036, USA

If you live in a country which has adopted the General Data Protection Regulation (EU; 2016/679), you have a right to lodge a complaint with your relevant supervisory authority about this policy and its application.

The Policy was updated in May 2018 to comply with the General Data Protection Regulations.