Data Processing & Service Agreement
The agreement governing your organization’s use of Elore HR and the processing of personal data through the platform.
Elore HR
Data Processing & Service Agreement
1. Purpose of This Agreement
This Data Processing & Service Agreement ("Agreement") governs the Client's use of the Elore HR platform and establishes the responsibilities of the Client and Elore Hub regarding the processing and protection of personal data through the platform.
Elore Hub provides a cloud-based workforce and human resource management platform that may include employee management, attendance, leave management, payroll, contracts, reports, notifications and related HR functions.
The Client wishes to use Elore HR to manage its workforce, and Elore Hub will provide the platform and related services subject to the terms of this Agreement.
2. Definitions
For purposes of this Agreement:
- Personal Data
- Information relating to an identified or identifiable natural person processed through the Elore HR platform.
- Data Subject
- An individual whose personal data is processed through Elore HR, including employees, applicants, contractors or other individuals entered into the system by the Client.
- Controller
- The organization that determines the purposes and means of processing personal data.
- Processor
- Elore Hub where it processes personal data on behalf of the Client and in accordance with the Client's instructions.
- Elore HR
- The workforce management and human resource management platform operated by Elore Hub.
- Authorized User
- An individual authorized by the Client to access Elore HR on behalf of the Client.
3. Roles of the Parties
3.1 Client as Data Controller
The Client remains responsible for determining:
- The purposes for which employee and other personal data is collected.
- The categories of personal data required.
- The lawful purposes for processing the data.
- Which individuals are authorized to access the organization's data.
- How long the organization's data should be retained, subject to applicable law.
The Client shall ensure that it has the appropriate legal basis and authority to collect and process personal data entered into Elore HR.
3.2 Elore Hub as Data Processor
Where Elore Hub processes personal data on behalf of the Client, Elore Hub shall process such data in accordance with the Client's documented instructions, this Agreement, applicable data protection requirements, and the functionality of the Elore HR platform.
Elore Hub shall not use the Client's employee data for unrelated purposes without appropriate authorization or legal basis.
4. Categories of Data
Depending on the features used by the Client, Elore HR may process information including:
- Employee names
- Contact information
- Identification information
- Employment information
- Job titles and departments
- Attendance, leave and payroll information
- Contract and performance information
- User account information
- System activity and audit information
Where the Client uses features involving sensitive personal data, the Client shall ensure that such processing is lawful and necessary for the intended purpose.
5. Client Responsibilities
The Client shall:
- Provide accurate information to Elore HR.
- Ensure that personal data entered into the platform has been collected and processed lawfully.
- Ensure that employees and other relevant data subjects receive any required notices.
- Maintain appropriate user permissions.
- Prevent unauthorized sharing of account credentials.
- Promptly disable access for users who are no longer authorized.
- Notify Elore Hub of suspected unauthorized access or security incidents.
- Ensure that its use of Elore HR complies with applicable employment, tax, payroll and data protection requirements.
6. Elore Hub Responsibilities
Elore Hub shall implement reasonable technical and organizational measures designed to protect Client data against unauthorized access, alteration, disclosure, loss or destruction. Such measures may include authentication and access controls, role-based permissions, password protection, encryption where applicable, secure hosting infrastructure, audit logging, backup procedures, security monitoring, and system updates and maintenance.
Elore Hub shall limit access to Client data to authorized personnel who require such access to provide, maintain, secure or support the service.
7. Confidentiality
Each party shall keep confidential information received from the other party and shall not disclose such information to unauthorized third parties except where required by law, necessary to provide the services, authorized by the other party, or required to protect the security or integrity of the platform.
Elore Hub personnel and authorized service providers who have access to Client information shall be subject to appropriate confidentiality obligations.
8. Data Security
Elore Hub shall maintain appropriate safeguards designed to protect personal data processed through Elore HR. The Client acknowledges that no electronic system can guarantee absolute security.
The Client shall be responsible for maintaining the security of its administrator accounts, passwords, devices and authorized users.
9. Data Breaches and Security Incidents
Where Elore Hub becomes aware of a confirmed security incident affecting Client personal data, Elore Hub shall take reasonable steps to contain and investigate the incident, assess its nature and extent, mitigate its effects, and notify the Client where appropriate and as required by applicable law.
The Client shall cooperate with Elore Hub where information is reasonably required to investigate or respond to a security incident.
10. Sub-processors and Service Providers
Elore Hub may use third-party infrastructure and service providers necessary to operate Elore HR, including hosting, communications, payment and infrastructure providers. Where such providers process Client personal data on behalf of Elore Hub, Elore Hub shall take reasonable steps to ensure that appropriate contractual and security obligations apply.
Where required, Elore Hub shall provide appropriate information regarding relevant sub-processors.
11. Data Subject Requests
Where Elore Hub receives a request from a data subject concerning personal data controlled by the Client, Elore Hub may direct the request to the Client where appropriate. The Client remains primarily responsible for responding to requests relating to its employee data.
Elore Hub shall provide reasonable technical assistance where necessary and appropriate for the Client to respond to such requests.
12. Data Retention and Deletion
The Client shall determine appropriate retention periods for its HR records, subject to applicable legal requirements. Upon termination of the Client's Elore HR subscription, Elore Hub shall handle Client data in accordance with applicable retention and deletion procedures and legal requirements. Where technically and legally appropriate, Client data may be deleted or returned following termination.
13. Data Ownership
The Client retains its rights and interests in the personal data that it submits to Elore HR. Elore Hub does not acquire ownership of the Client's employee records merely because such information is stored or processed through Elore HR.
Elore Hub retains ownership of the Elore HR software, platform architecture, source code, user interface, branding, documentation, system processes, and intellectual property belonging to Elore Hub.
14. Service Subscription
Access to Elore HR is provided according to the subscription tier selected by the Client. The subscription may determine the maximum number of employees, available features, number of authorized users, storage or usage limits, support level, and applicable subscription fees. The Client may upgrade or downgrade its subscription according to available plans.
15. Payments to Elore Hub
The Client agrees to pay Elore Hub the applicable subscription fees for the selected Elore HR tier. Payments may be made through supported mobile money, bank or electronic payment methods. The Client's account may be restricted or suspended where subscription fees remain unpaid after the applicable payment period and any grace period.
16. Account Suspension
Elore Hub may suspend or restrict access where reasonably necessary because of non-payment, serious security risks, unauthorized use, abuse of the platform, violation of this Agreement, or a legal or regulatory requirement. Where reasonably possible, Elore Hub shall provide notice before suspension, except where immediate action is necessary.
17. Audit and Records
Elore Hub shall maintain appropriate records relating to the operation and security of the Elore HR platform. The Client may request reasonable information concerning Elore Hub's data protection and security practices where necessary to assess compliance with this Agreement.
18. Changes to the Agreement
Elore Hub may update this Agreement where necessary to reflect changes to the service, technology, legal requirements or business operations. Where material changes affect the Client's obligations or rights, Elore Hub shall provide reasonable notice where appropriate. The applicable Agreement version accepted by the Client shall be recorded in Elore HR.
19. Electronic Acceptance
The Client acknowledges that this Agreement may be accepted electronically through the Elore HR platform by checking an acceptance box, clicking an acceptance button, applying an electronic signature, or using another electronic acceptance mechanism provided by Elore Hub.
Elore Hub may record the organization name, accepting representative, position or role, email address, date and time of acceptance, agreement version, and relevant technical audit information. Such records shall form part of the Client's contractual and audit records.
20. Representation and Authority
The individual accepting this Agreement on behalf of the Client represents that they have the authority to enter into this Agreement on behalf of the organization. The Client shall be responsible for ensuring that its representatives and Authorized Users comply with this Agreement.
21. Termination
Either party may terminate the service relationship in accordance with the applicable subscription terms. Termination shall not automatically remove obligations that by their nature should continue, including confidentiality, protection of personal data, payment obligations and intellectual property rights.
22. Governing Law
This Agreement shall be governed by the laws of the Republic of Kenya. The parties shall seek to resolve disputes through good-faith discussions before pursuing other available remedies.
23. Contact Information
Electronic Acceptance
By accepting this Agreement through Elore HR, the Client confirms that it has read and understood this Agreement, is authorized to accept it on behalf of the organization, understands its responsibilities for personal data entered into Elore HR, agrees to processing by Elore Hub as described, and agrees to applicable subscription and payment terms.
The acceptance record, including the organization, accepting user, date and time, agreement version, and relevant technical audit information, is retained in Elore HR.