Effective Date: September 1, 2023
“Andela Client” means any customer that has entered into an agreement with Andela to use Andela’s Services.
“Andela Talent” means any authorized member of the Andela Talent Network who has agreed to the Talent Network Terms & Conditions.
“PII”, “Personally Identifiable Information”, and/or “Personal Information” means any information which may identify an individual, directly or indirectly or, if you are located in the European Economic Area (“EEA”) or United Kingdom (“UK”) any information relating to an identified or identifiable individual. Examples of PII include, but are not limited to, first and last name, home address, billing address or other physical address, email address, telephone number, etc. PII does not include information which is anonymized, and other information which is excluded from the scope of applicable privacy and data protection laws.
10. CONTACT US
1. PERSONAL INFORMATION WE COLLECT
We may collect a variety of Personal Information from or about you or your devices from various sources, as described below.
A. Personal Information You Voluntarily Provide to Andela
Registration and Profile Information.You may choose to sign up for an account on our Services, including to join the Andela Talent Network. Upon your signup to the Andela Talent Network, we may ask you for your name, email address, phone number, country location, English proficiency, primary skill, years of working experience, years of experience with primary skill, information included in your resume, and name of a person who referred you.
Communications. If you contact us directly, we may receive additional Personal Information about you. For example, if you contact us for technical support, we may receive your name, email address, phone number, the contents of your message, attachments that you may send to us, and other Personal Information you choose to provide. If you subscribe to our newsletter, we will collect Personal Information such as your email address. When we send you emails, we may track whether you open them to learn how to deliver a better experience and improve our Services.
Hire Talent Through Andela. You may choose to use our Services to access pre-vetted talent if you are interested in hiring through Andela. Upon submitting your request form, we may ask you for your name, company name, job title, work email, company URL, phone number, employee range, your current role and country.
Additional Services. If you make use of our Site to register for certain services, including to download e-books, attend virtual events or webinars, or submit a testimony to be published on our Services, we may ask you to provide your name, company name, job title, (work) email address, phone number, employee range, primary skill, years of experience in framework and country.
Andela Learning Community. If you choose to submit your interest in joining the Andela Learning Community, we may ask you for your name, email address, country, seniority level, most proficient framework, professional years of experience in framework, top 5 tech skills, top 5 tech tools, and resume.
Become a Partner. If you are interested in becoming our Partner, we may ask to submit your name, company name, work email address, phone number, and your current role.
Careers. If you decide that you wish to apply for a job with Andela, we may ask you to submit your name, email address, phone number, location (city), your resume, cover letter, the name of the Andela employee who referred you, the number of years of experience relevant for the job profile, desired compensation range, the information on how you learned about the job offer, and other relevant information. We will collect the information you choose to provide on your resume and in your cover letter, such as your education and employment experience. You may choose to voluntarily provide information on your gender, race/ethnicity, veteran status, and disability status. If you apply for a job with us through a third-party platform (such as LinkedIn), we will collect the Personal Information you make available to us through such third-party platform.
If you do not provide your Personal Information when requested, you may not be able to use our Services if that Personal Information is necessary to provide our Services or if we are legally required to collect it. For example, while Users visiting our Site do not have a statutory obligation to provide us with any Personal Information, Andela Talent may have a contractual obligation (pursuant to the Talent Network Terms & Conditions) to do so. Where required by applicable law, we indicate whether and why you must provide us with your Personal Information, as well as the consequences of failing to do so. If you have any questions regarding whether the provision of Personal Information is mandatory and the consequences for withholding such information, please contact our Privacy Officer using the contact information provided in section “Contact Us” below.
B. Personal Information We Collect When You Use Our Services
Like other companies with online services, we receive technical information when you use our Site or access certain Services. We use these technologies to analyze how people use the Site Services and to improve how our Site and Services function.
Location Information. When you use our Services, we may approximate your geographic region and Internet Service Provider based on your internet protocol (IP) address.
Device Information. We receive information about the device and software you use to access our Services, including IP address, web browser type, and operating system version.
Usage Information. To help us understand how you use our Services and to help us improve them, we automatically receive information about your interactions with our Services, like log files, performance logs, diagnostic reports, the pages or other content you view, mouse movements, the searches you conduct, your comments, any content you post, and the dates and times, and duration of your visits.
Talent Assessments. Andela runs a rigorous Talent assessment and vetting process. During the assessment and vetting process you may be asked to permit Andela to verify information about you via image and/or video, and this verification will be recorded for internal review purposes only. All images and videos sourced during the vetting process will be stored in accordance with Andela’s Data Security And Protection Policy. You reserve the right to refuse to be recorded and/or have your image captured. In the event you choose not to have your image captured and/or recorded, Andela reserves the right to discontinue the vetting process.
Information from Cookies and Similar Technologies. We and third-party partners collect information using cookies, pixel tags, or similar technologies (collectively “Cookies”). Our third-party partners, such as analytics and advertising partners, may use these technologies to collect information about your online activities over time and across different services. Cookies are small files of letters and numbers that we store on your browser or the hard drive of your computer. We may use both session Cookies and persistent Cookies. A session Cookie disappears after you close your browser. A persistent Cookie remains after you close your browser and may be used by your browser on subsequent visits to our Services. For more information, including disclosures related to the active cookies on our Site, please see our Cookie Notice.
C. Personal Information We Receive from Third Parties.
Social Sign-In. We may collect Personal Information about you when you log in to our Services via third-party services (such as Google). This information may include your social media user id, email address, full names and profile picture.
Third-Party Services. You may also post photos, comments, or reviews on our pages available through third-party platforms, including Facebook, LinkedIn, Twitter, and Instagram. If you do so, we and other users on those third-party platforms may be able to view the Personal Information you make available through these third-party platforms.
Professional social media link/identifier. If you include a professional social media link/identifier or your personal website in your job application with us, we may retrieve information about your professional social media / online presence from such sites.
Partners. We may receive additional Personal Information about you from third parties (such as partners that provide publicly available demographic information about you), affiliate partners, or marketing partners and combine it with other Personal Information we have about you.
Andela Clients. We also may receive PII from Andela Clients to perform services for them. Any PII used for such purposes will be limited to access by only those who require it given their job function at Andela, and except as otherwise provided herein, we only share the PII back with our respective Clients. Andela does not retain, use, or disclose any Personal Information collected on behalf of our Clients for any purpose (including any commercial purpose) other than the specific purpose of performing the services as specified in the applicable Master Services Agreement with the Client.
2. HOW WE USE THE PERSONAL INFORMATION WE COLLECT
We use the Personal Information we collect:
- To provide, maintain, improve, and enhance our Services.
- To communicate with you, provide you with updates and other information relating to our Services, provide information that you request, respond to comments and questions, and otherwise provide customer service and support.
- For marketing purposes, such as developing and providing promotional and advertising materials that may be useful, relevant, valuable, or otherwise of interest to you, to market events, promotions, competitions, webinars, reports, our services, news, or relevant industry updates.
- To personalize your experience on our Services such as presenting tailored content.
- To conduct research to understand and analyze how you use our Services and develop new products, services, and features.
- To process job applications.
- To process your submissions, including to become our talent, client or partner, join the Andela Learning Community, to download e-books, or attend webinars or events.
- To find and prevent fraud and respond to trust and safety issues that may arise.
- For compliance purposes, including enforcing our legal rights, or as may be required by applicable laws and regulations or requested by any judicial process or governmental agency.
- To enforce and comply with the law, including to conduct an investigation, to protect the property and rights of Andela or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, fraudulent, unethical or legally actionable activity.
- For other purposes for which we provide specific notice at the time the Personal Information is collected.
Legal Bases for Processing European Personal Information
If you are located in the European Economic Area or the United Kingdom, we only process your Personal Information when we have a valid “legal basis,” including as set forth below.
● Contractual Necessity. We need your Personal Information to provide you with our Services. For example, we may need to process your Personal Information to respond to your inquiries or requests.
● Compliance with a Legal Obligation. We have a legal obligation to use your Personal Information. For example, we may process your Personal Information to comply with tax and accounting obligations.
● Legitimate Interests. We or a third party have a legitimate interest in using your Personal Information. Specifically, we have a legitimate interest in using your Personal Information for product development and internal analytics purposes, and otherwise to improve the safety, security, and performance of our Services. We only rely on our or a third party’s legitimate interests to process your Personal Information when these interests are not overridden by your rights and interests.
3. HOW WE SHARE THE PERSONAL INFORMATION WE COLLECT
Vendors, Affiliate Partners and Service Providers. We may share any Personal Information we receive with vendors, affiliate partners and service providers retained in connection with the provision of our Services. Andela actively engages third-party resources, applications, and websites. These services provided by third parties are established to enhance user experience, provide ease of navigation through Andela’s sites, and to promote access to information. Andela may provide PII of Users to only those of its personnel and third-party vendors that (1) need to know such information to process it on Andela’s behalf or to provide services as described above, and (2) have agreed in writing not to disclose it to any other parties without Andela’s consent. Some of those employees, contractors, vendors, affiliate partners and affiliated organizations may be located outside of your home country; by using the Site and/or Services, you consent to the transfer of information to such individuals and organizations to accomplish these purposes.
Marketing. Andela does not buy or sell PII for its business practices or for commercial purposes unless we have your permission. From time to time, Andela may engage in joint marketing events with select business partners. If you register for a joint webinar or specifically express an interest in a jointly offered product, promotion or service, we may share relevant PII with those partner(s). Where you have given your consent to do so, these business partners may send you marketing communications about their own products and services.
Sweepstakes, Contests, and Promotions: We may offer sweepstakes, contests, and other promotions (any, a “Promotion”) that may require registration. By participating in a Promotion, you are agreeing to the official rules that govern that Promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor(s) of the Promotion to use your name, voice, likeness, or other indicia of persona in advertising or marketing associated with the Promotion. If you choose to enter a Promotion, your Personal Information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, without limitation, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion’s official rules, such as on a winner’s list.
Social Networks and Other Online Services. Please note that Andela does not control, moderate, or endorse any comments or opinions provided by visitors on third-party websites. The use and creation of official Andela accounts may cause PII to become available or accessible to Andela. Such information may become available to Andela when a user provides, submits, communicates, links, posts, or associates information with designated Andela accounts on social media (e.g., by using “hashtags”, “liking”, “friending”, “tweeting”, commenting on any content or media on our designated accounts). At times, Andela, through its personnel, employees, officers, directors, agents, and assignees, may respond publicly to content or media made available though “share,” “retweet,” “friend,” “follow,” or similar activities, or respond publicly on content made on designated and official Andela accounts. Andela may disseminate any of such information or PII to law enforcement officials, as required by law or court order.
Analytics Partners. We use analytics services such as Google Analytics, Fullstory, Hubspot Analytics, Pendo, Segment Analytics, Marketo and Mouseflow to collect and process certain analytics data. These services may also collect information about your use of other websites, apps, and online resources. You can learn more about Google’s practices by visiting https://www.google.com/policies/privacy/partners/. To help us understand how you use our Services and to help us improve them, we automatically receive Personal Information about your interactions with our Services, like the pages or other content you view, the searches you conduct, purchases you make, your comments, any content you post, and the dates and times of your visits.
Advertising Partners. We work with third-party advertising partners such as Adwords to show you ads that we think may interest you. Some of our advertising partners are members of the Network Advertising Initiative (http://optout.networkadvertising.org/?c=1#!/) or the Digital Advertising Alliance (http://optout.aboutads.info/?c=2&lang=EN). If you do not wish to receive personalized ads, please visit their opt-out pages to learn about how you may opt-out of receiving web-based personalized ads from member companies. You can access any settings offered by your mobile operating system to limit ad tracking, or you can install the AppChoices mobile app to learn more about how you may opt-out of personalized ads in mobile apps.
As Required by Law and Similar Disclosures. We may access, preserve, and disclose your Personal Information if we believe doing so is required or appropriate to: (a) comply with law enforcement requests and legal process, such as a court order or subpoena; (b) respond to your requests; or (c) protect your, our, or others’ rights, property, or safety. This includes exchanging information with other companies and organizations, including law enforcement agencies, for the purposes of fraud protection and to prevent cyber or other suspected or alleged crime. For the avoidance of doubt, the disclosure of your Personal Information may occur if you post any objectionable content on or through the Services.
Merger, Sale, or Other Asset Transfers. We may disclose your Personal Information to service providers, advisors, potential transactional partners, or other third parties in connection with the consideration, negotiation, or completion of a corporate transaction in which we are acquired by or merged with another company, or we sell, liquidate, or transfer all or a portion of our assets.
With Your Consent. We may also disclose your Personal Information with your permission.
4. INTERNATIONAL DATA TRANSFERS
We may transfer your Personal Information to the United States and other jurisdictions that may not be deemed to provide the same level of data protection as your home country. If you are located in the EEA, we will comply with applicable EEA data protection law when transferring your Personal Information outside of the EEA. We may transfer your Personal Information to countries that have been found to provide adequate protection by the EU Commission, use contractual protections for the transfer of Personal Information, transfer to recipients who have adopted Binding Corporate Rules, or rely on an appropriate legal derogation.
For more information about how we transfer outside of the EEA and the UK, or to obtain a copy of the contractual safeguards we use for such transfers, you may contact us using the contact details as indicated in the “Contact Us” section below.
5. YOUR CHOICES & RIGHTS
Marketing Communications. You have the right to object if we are processing your PII for direct marketing purposes. You can unsubscribe from Andela’s own marketing emails at any time by clicking the “unsubscribe” link they contain or by accessing the Email Preferences Center. Depending on which jurisdiction you are in, we may be required to give you an option to “opt-in” and we will always provide you with an option to “opt-out” with each marketing communication. Even if you opt-out of receiving promotional messages from us, you will continue to receive administrative messages from us.
Individuals also can choose whether their PII is (1) to be disclosed to a third party or (2) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual.
In accordance with applicable law, you may have the right to:
- Access Personal Information. You may request confirmation of whether we are processing your Personal Information and obtain a copy of the categories of Personal Information we may have collected on your behalf.
- Request Correction. You may request correction of your Personal Information where it is inaccurate, incomplete, or outdated. For Andela Talent, you may update your Personal Information within your Andela accounts by logging in and updating your profile.
- Request Deletion (“Opt Out”) or Withdraw Consent. You may request to remove your PII from our records. Note that if your Personal Information is deleted, you may no longer access or be able to use certain Services, and any account you have with us may become deactivated.
If you wish to access, correct, amend, or delete PII you have provided directly to us, please contact our Privacy Officer at [email protected]. For deletion/opt-out requests, please include the subject line “OPT OUT”. We will respond to requests within thirty (30) days. If we require more time, we will inform you of the reason and extension period for a response in writing.
If you wish to access, correct, amend, or delete PII you have provided to our Clients, please contact those Andela Clients directly. Alternatively, you may contact our Privacy Officer at [email protected] and we will pass your request along to the applicable Andela Client.
When any Client requests Andela to remove any Client data that Andela may have on its systems, Andela will respond as soon as practicably as possible, and no more than forty-five (45) days after such receipt from our Client. If you wish to no longer have your PII used or disclosed by our Clients, or by us in connection with our work for our Clients, please contact the Client that you interact with directly. Alternatively, you may contact our Privacy Officer at privac[email protected] and we will pass your request along to our Clients.
California Privacy Rights. If you are a California resident, you can review our California Resident Privacy Notice for information about your privacy rights and choices under California law.
Your European Privacy Rights. If you are located in the EEA or the United Kingdom, you have the rights described below:
- When we process your Personal Information based on your consent, you have the right to withdraw your consent at any time and free of charge. We will apply your choice going forward and this will not affect the lawfulness of the processing before you withdrew your consent.
- You may request access to and information about the Personal Information we maintain about you, update, and correct inaccuracies in your Personal Information, restrict or object to the processing of your Personal Information, have your Personal Information anonymized or deleted, as appropriate, or exercise your right to data portability to easily transfer your Personal Information to another company. Please note that there are exceptions and limitations to each of these rights.
- If you would like to exercise these rights, please contact us as specified in the “Contact Us” section below. Before fulfilling your request, we may ask you to provide reasonable information to verify your identity. Applicable law may allow or require us to refuse your request to exercise a right with respect to your Personal Information, or we may have destroyed, erased, or made your Personal Information anonymous in accordance with our record retention obligations and practices. If we refuse your request to exercise a right, we will inform you of the reasons why, subject to any legal or regulatory restrictions.
- You also have the right to lodge a complaint with the data protection authority of your habitual residence, your place of work or the place of an alleged infringement.
Andela uses reasonable efforts to protect the security, confidentiality, and integrity of information or data collected by us.
However, as no website, service, mobile application, database, or system is completely secure or “hacker proof,” we can make no guarantees as to the security or privacy of your Personal Information. You are responsible for taking reasonable steps to protect your Personal Information against unauthorized disclosure or misuse.
7. LINKS TO EXTERNAL SITES
Our Services may contain links to websites created and maintained by other public or private organizations that we do not own or operate. We provide these links as a service to our Users. Please note that when you follow a link to an external site, you will be leaving Andela’s Services and are subject to the privacy and security policies of the site to which you are visiting. Andela is not responsible for the security and privacy practices of these third parties or the content of such external sites.
We take measures to delete your Personal Information or keep it in a form that does not permit identifying you when your Personal Information is no longer necessary for the purposes for which we process it unless we are required by law to keep your Personal Information for a longer period. When determining the specific retention period, we consider various factors, such as the type of service provided to you, the nature and length of our relationship with you, and mandatory retention periods provided by law and the statute of limitations.
9. CHILDREN’S PRIVACY
10. CONTACT US
Attn: Privacy Officer
580 Fifth Avenue, Suite 820
New York, NY 10036
If you are located in the EEA, you can email our EU representative at [email protected] or you can send mail to us at:
Place de L’Université 16
Waals Brabant, 1348
Data Processing Agreement
Last Updated: 09/01/2022
his Data Processing Agreement (“DPA”) forms part of the Andela Agreement (including any associated Order Form, Statement of Work, or Master Service Agreement entered into therewith) by and between Client and Andela (the “Agreement”). All capitalized terms not defined in this DPA will have the meanings set forth in the Agreement.
- “Controller”, “Data Subject”, “Personal Data”, “Personal Data Breach”, “Processing”, “Processor”, and “Supervisory Authority” will have the meanings given to them in the GDPR.
- “Data Protection Laws” means the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data (“GDPR”), and the e-Privacy Directive 2002/58/EC (as amended by Directive 2009/136/EC), their national implementations in the European Economic Area (“EEA”), and all other data protection laws of the EEA including laws of the European Union (“EU”), the United Kingdom (“UK”) and Switzerland, each as applicable, and as may be amended or replaced from time to time.
- “Data Subject Rights” means all rights granted to Data Subjects by Data Protection Laws, including the right to information, access, rectification, erasure, restriction, portability, objection, the right to withdraw consent, and the right not to be subject to automated individual decision-making.
- “International Data Transfer” means any transfer of Client Personal Data from the EEA, UK or Switzerland to an international organization or to a country outside of the EEA, UK, or Switzerland, and includes any onward disclosure of Client Personal Data to another recipient within that country, as well as any onward transfer of Client Personal Data from the international organization or the country outside of the EEA, UK, or Switzerland to another country outside of the EEA, UK, or Switzerland.
- “Client Personal Data” means any Personal Data that is subject to Data Protection Laws, for which Client or Third-Party Controller is the Controller, and which is Processed by Andela to provide the Services to Client.
- “Personnel” means any natural person acting under the authority of Andela.
- “Sensitive Data” means any type of Personal Data that is designated as a sensitive or special category of Personal Data or otherwise subject to additional restrictions under Data Protection Laws.
- “Standard Contractual Clauses” or “SCCs” mean the clauses annexed to the EU Commission Implementing Decision 2021/914 of June 4, 2021 on standard contractual clauses for the transfer of personal data to third countries pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council (OJ L 199, 7.6.2021, p. 31-61), as amended or replaced from time to time.
- “Sub-processor” means a Processor engaged by another Processor to carry out Processing on behalf of a Controller.
- “Third-Party Controller” means a Controller for which Client is a Processor.
- “UK Addendum” means the International Data Transfer Addendum to the EU Commission Standard Contractual Clauses issued by the UK Information Commissioner under Section 119A of the UK Data Protection Act 2018 (version B1.0, in force March 21, 2022), available at https://ico.org.uk/media/for-organisations/documents/4019483/international-data-transfer-addendum.pdf.
2. Scope and Applicability
- The DPA applies to Processing of Client Personal Data by Andela to provide the Services.
- The subject matter, nature, and purpose of the Processing, the types of Client Personal Data and categories of Data Subjects are set out in Appendix I and the Agreement.
- Client is a Controller and appoints Andela as a Processor on behalf of Client. Client is responsible for compliance with the requirements of Data Protection Laws applicable to Controllers.
- To the extent Client is a Processor on behalf of a Third-Party Controller, Client engages Andela as a Sub-processor to Process Client Personal Data on behalf of that Third-Party Controller. When Client is acting on behalf of Third-Party Controller(s), then Client: (i) is the single point of contact for Andela; (ii) must obtain all necessary authorizations from such Third-Party Controller(s); (iii) undertakes to issue all instructions and exercise all rights on behalf of such Third-Party Controller(s); and (iv) is responsible for compliance with the requirements of Data Protection Laws applicable to Processors.
- Client acknowledges that Andela may Process Personal Data relating to the operation, support, or use of the Services for its own business purposes, such as billing, account management, data analysis, benchmarking, technical support, and product development. Andela is the Controller for such Processing and will Process such data in accordance with Data Protection Laws
3. Duration of this DPA
- This DPA is effective for as long as Andela Processes Client Personal Data on behalf of Client.
4. Collecting, Processing and Subprocessing of Client Personal Data
- Client Data Collection and Processing
- Client will comply with its obligations under the Data Protection Laws in respect of its collecting and processing of Client Personal Data and any processing instructions it issues to Andela. Client represents that it has all rights, consents, and authorizations necessary for Andela to process Client Personal Data pursuant to Data Protection Laws and the Agreement.
- Client authorizes Andela, in providing the Services, to Process Client Personal Data in accordance with applicable laws.
- Upon notice in writing to Client, Andela may terminate the Agreement if Andela has determined, or has reason to believe, that Client is not in compliance with Data Protection Laws as a Controller or Processor.
- Andela Data Processing
- Andela will comply with its obligations as a Processor under applicable Data Protection Laws and will process Client Personal Data to provide Services and in accordance with Client’s documented instructions. Client’s instructions are documented in this DPA and the Agreement. Client agrees that this DPA is its complete and final agreement with Andela in relation to the Processing or sub-processing of Client Personal Data.
- Andela will comply with documented instructions of Client related to Processing Client Personal Data. Unless prohibited by applicable law, Andela will inform Client if Andela is subject to a legal obligation that requires Andela to Process Client Personal Data in contravention of Client ’s documented instructions.
- Client may reasonably issue additional instructions as necessary to comply with Data Protection Laws. Andela may charge a reasonable fee to comply with any additional instructions.
- Upon notice in writing, Client may terminate the Agreement if Andela declines to follow Client’s reasonable instructions that are outside the scope of, or changed from, those given or agreed to in this DPA, to the extent such instructions are necessary to enable Andela to comply with Data Protection Laws.
- Client hereby authorizes Andela to engage Sub-processors, including its subsidiaries. A list of Andela’s current Sub-processors is available upon request to [email protected]. Subject to any applicable disclaimers or limitations of liability, Andela remains responsible for the acts, errors, or omissions of its sub-processors to the extent applicable to Andela’s obligations under this DPA.
- Andela will enter into a written agreement with Sub-processors which imposes the same obligations as required by Data Protection Laws.
- Andela will inform Client prior to any intended change to Sub-processors. Client may object to the addition of a Sub-processor based on reasonable grounds relating to a potential or actual violation of Data Protection Laws by providing written notice detailing the grounds of such objection within thirty (30) days following Andela’s notification of the intended change. Client and Andela will work together in good faith to address Client’s objection. If Andela chooses to retain the Sub-processor, Andela will inform Client at least thirty (30) days before authorizing the Sub-processor to Process Client Personal Data, and Client may immediately discontinue using the relevant parts of the Services, and may terminate the relevant parts of the Services within thirty (30) days.
5. Technical and Organizational Security Measures
- Measures by Andela
- Taking into account the state of the art, the costs of implementation, and the nature, scope, context, and purposes of Processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, prior to the commencement of any processing, Andela shall implement, establish and maintain commercially reasonable technical and organizational security measures. Andela shall present and document such technical and organizational security measures for review by Client. Such technical and organizational security measures shall become the foundation of the Services and are subject to technical progress and development. Andela may, from time to time, modify such technical and organizational security measures, so long as such measures do not materially reduce the protection afforded to Client Personal Data, and are reasonably documented.
- Measures by Client
- Client is responsible for using and configuring the Services to enable Client to comply with Data Protection Laws, including implementing Client’s own appropriate and adequate technical and organizational measures. Client shall provide Andela with a copy of such measures and notify Andela in writing of any modifications. If Andela Developers use Client devices, laptops, or computers, Client shall present and document all technical and organizational security measure for review by Andela. Such technical and organizational security measures shall become the foundation of the Services and are subject to technical progress and development. Client may, from time to time, modify such technical and organizational security measures, so long as such measures are not reduced, and are appropriately documented.
- Andela will take steps to ensure that all Personnel authorized Andela to Process Client Personal Data are subject to an obligation of confidentiality.
- Prohibited Data
- Client acknowledges and agrees that the Agreement may prohibit the submission of certain types of Personal Data (such as financial or health information). Client represents and warrants that neither Client nor any entity acting for or on behalf of Client will submit to Andela any Client Personal Data which is regulated under the Health Insurance Portability and Accountability Act without a separate Business Associate Agreement. In such events, Andela will take reasonable and appropriate steps to notify Client of its receipt of any prohibited data.
6. Notification and Assistance
- Andela will notify Client without undue delay after Andela becomes aware of a Personal Data Breach involving Client Personal Data.
- Andela will provide information relating to the Personal Data Breach as reasonably requested by Client to the extent such information is available to Andela. Andela will use reasonable efforts to assist Client in mitigating, where commercially reasonable and technically feasible, the adverse effects of a Personal Data Breach.
- Taking into account the nature of the Processing, and the information available to Andela, Andela will assist Client, including, as appropriate, by implementing technical and organizational measures, with the fulfilment of Client ’s own obligations under Data Protection Laws to: (i) comply with requests to exercise Data Subject Rights; (ii) conduct data protection impact assessments and prior consultations with Supervisory Authorities; and (iii) notify a Personal Data Breach. Andela may charge a reasonable fee to Client for support services rendered in connection with this Section 7, which are not included in the description of the Services, and which are not attributable to failures on the part of Andela. If such support services reveal the failure of Andela to materially comply with its obligations under applicable Data Protection Laws or as otherwise set forth in this DPA, Andela and Client shall each bear their own costs related to assistance.
- Andela’s notification of or response to a Personal Data Breach pursuant to this Section 7 will not be construed as an acknowledgement by Andela of any fault or liability with respect to the such Personal Data Breach.
7. Deletion or Return
- Pursuant to the Agreement, Andela will delete or return Client Personal Data that in its possession and control as set forth in the Agreement except to the extent Andela is required by law to retain any Client Personal Data. Client may request return of Client Personal Data up to thirty (30) days after termination of the Agreement. Unless required or permitted by applicable law, Andela will delete all remaining copies of Client Personal Data within thirty (30) days after returning Client Personal Data to Client. Andela will notify Client prior to deletion.
8. Cooperation, Supervision and Audit
- Request for Data Protection
- Upon notice from data subjects or data protection authorities (including requests from individuals seeking to exercise their rights under Data Protection Laws) to the extent regarding the Processing of Client Personal Data by Andela pursuant to the Agreement, Andela will forward such requests to Client. Unless legally required to do so, Andela will not respond to such communication without Client’s authorization. If Andela is required to respond to any request, Andela will notify Client and provide Client with a copy of the request, unless legally prohibited from doing so.
- Client Requests
- Andela will cooperate with Client, at Client’s sole cost and expense, to respond to any requests from individuals or data protection authorities relating to the processing of Client Personal Data under this DPA to the extent that Client may be unable to access relevant Client Personal Data.
- Andela shall inform Client if Andela believes any instruction or request violates Data Protection Laws.
- Client shall document immediately any oral instructions in text form.
- Audit Requests
- Andela audits its Technical and Organizational Security Measures against data protection and information security standards on a regular basis. Such audits are conducted by Andela’s internal team or a designated third party as engaged by Andela. Upon written request and subject to the confidentiality provisions of the Agreement, Andela will make available to Client all information necessary to demonstrate compliance with the obligations of this DPA and allow for and contribute to audits, including inspections, as mandated by a Supervisory Authority or reasonably requested by Client and performed by an independent auditor as agreed upon by Client and Andela.
- Andela may request audits of Client’s Technical and Organizational Security Methods to ensure compliance with this DPA. Client will make available to Andela a summary of the most recent audit report and any other document reasonably required by Andela.
- Either party requesting such audit information does so at their sole expense, and agrees to remunerate the other party of any costs associated with such audit requests.
- Client’s request for an audit will not require Andela either to disclose to Client or its third-party auditor, or to allow Client or its third-party auditor to access:
- Any data of any other client of Andela;
- Andela’s internal accounting or financial information;
- Any trade secrets of Andela or any client of Andela;
- Any information that, in Andela’s reasonable opinion, could (i) compromise the security of Andela systems or premises; or (ii) cause Andela to breach its obligation under applicable law or its security and/or privacy obligations to any client or any third party; or
- Any information that Client or its third-party auditor seeks to access for any reason other than the good faith fulfillment of Client’s obligation under Data Protection Laws.
9. International Data Transfers
- Andela may transfer and process Client Personal Data as requested by Client in other locations around the world where Andela and its Sub-processors maintain operations as necessary to provide Services.
- Client hereby authorizes Andela to perform International Data Transfers:
- to any country subject to a valid adequacy decision of the EU Commission or the competent authorities, as appropriate;
- to the extent authorized by Supervisory Authorities or by the competent authority on the basis of an organization’s binding corporate rules;
- to any data importer with whom Andela has entered into SCCs.
- By signing this DPA, Client and Andela hereby agree to include the provisions of module two (Controller to Processor) and, to the extent Client is a Processor on behalf of a Third-Party Controller, module three (Processor to Sub-processor) of the Standard Contractual Clauses, which are hereby incorporated into this DPA and completed as follows: the “data exporter” is Client ; the “data importer” is Andela; the optional docking clause in Clause 7 is implemented; Clause 9(a) option 2 is implemented and the time period therein is specified as thirty (30) days; the optional redress clause in Clause 11(a) is struck; Clause 17 option 1 is implemented and the governing law is the law of Belgium; the courts in Clause 18(b) are the Courts of Belgium; Annexes I and II to the SCCs are Appendixes I and II to this DPA respectively.
- By signing this DPA, Client and Andela conclude the UK Addendum, which applies to International Data Transfers out of the UK in addition to the Standard Contractual Clauses, and which is hereby incorporated, and Part 1 of the UK Addendum is completed as follows: (i) in Table 1, the “Exporter” is Client and the “Importer” is Andela, their details and signatures are set forth in the Agreement; (ii) in Table 2, the first option is selected and the “Approved EU SCCs” are the Standard Contractual Clauses referred to in section 10.3 of this DPA; (iii) in Table 3, “Annex 1A” and “Annex 1B” to the “Approved EU SCCs” is Appendix I to this DPA and “Annex II” to the “Approved EU SCCs” is Appendix II to this DPA; and (iv) in Table 4, both the “Importer” and the “Exporter” can terminate the UK Addendum.
- If Andela’s compliance with Data Protection Laws applicable to International Data Transfers is affected by circumstances outside of Andela’s control, including if a legal instrument for International Data Transfers is invalidated, amended, or replaced, then Client and Andela will work together in good faith to reasonably resolve such non-compliance. In the event that additional, replacement or alternative SCCs are approved by the Supervisory Authorities or the new version of UK Addendum is approved, Andela reserves the right to amend the Agreement and this DPA by adding to or replacing, the SCCs or UK Addendum that form part of it at the date of signature in order to ensure continued compliance with Data Protection Laws.
- Client will send all notifications, requests, and instructions under this DPA to Andela via email to: [email protected].
- Andela will send all notifications under this DPA to Client’s contact indicated in the Agreement.
11. Limitations of Liability
- To the extent permitted by applicable law, where Andela has paid compensation, damages, or fines, Andela is entitled to claim back from Client that part of the compensation, damages, or fines, corresponding to Client ’s part of responsibility for the compensation, damages or fines.
- Parties agree that the total combined liability limit (including indemnifications of any kind) to one another shall be set as provided under the terms of the Agreement as executed between the Parties.
- Andela may modify the terms of this DPA as provided in the Agreement. Andela will notify Client of any such changes and effectiveness of such changes in accordance with this DPA or the Agreement. Changes to this DPA include, but are not limited to, the following circumstances:
- If required or ordered to do so by any supervisory, judicial, governmental, or regulatory entity.
- As required to implement or adhere to standard contractual clauses, various codes of conducts, policies, rules, procedures and any other mechanisms as required under Data Protection Laws.
- In the event of a conflict between the Agreement and this DPA with respect to the subject matter of this DPA, the terms of this DPA shall control to the extent of such conflict.
- If any provision of this DPA is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, then the invalidity or unenforceability of such provision does not affect any other provision of this DPA, and all provisions not affected by such invalidity or unenforceability will remain in full force and effect.
DESCRIPTION OF THE TRANSFER
A. LIST OF PARTIES
- Name: Client
- Contact person’s name, position and contact details
- Activities relevant to the data transferred under these Clauses: Providing the Services as described in the Agreement.
- Role (controller/processor): Controller, or Processor on behalf of Third-Party Controller
- Name: Andela Inc.
- Address: 580 Fifth Avenue, Suite 820, New York, NY 10036
- Contact person’s name, position and contact details: Mrs. Kirsten Canton, General Counsel, [email protected]
- Activities relevant to the data transferred under these Clauses: Providing the Services as described in the Agreement.
- Role (controller/processor): Processor on behalf of data exporter, or Sub-processor on behalf of Third-Party Controller
B. DESCRIPTION OF TRANSFER
Categories of Data Subjects whose Personal Data is transferred:
Data subjects include Clients and the individuals about whom data is provided to Andela via the Services by (or at the direction of) Client.
Categories of Personal Data transferred:
Data relating to Clients or other individuals provided to Andela via the Services, by (or at the direction of) Clients. The personal data transferred may include: name, username, password, email address, telephone and fax number, title and other business information, general information about interest in and use of Andela’s services, and demographic information.
Sensitive data transferred (if applicable) and applied restrictions or safeguards that fully take into consideration the nature of the data and the risks involved, such as for instance strict purpose limitation, access restrictions (including access only for staff having followed specialized training), keeping a record of access to the data, restrictions for onward transfers or additional security measures. Sensitive data is pseudonymized.
- None anticipated.
The frequency of the transfer (e.g., whether the data is transferred on a one-off or continuous basis):
- On a continuous basis during the duration of the Services.
Nature of the processing:
- The Personal Data will be processed and transferred as described in the Agreement.
Purpose(s) of the data transfer and further processing:
- The Personal Data will be transferred and further processed for the provision of the Services as described in the Agreement.
The period for which the personal data will be retained, or, if that is not possible, the criteria used to determine that period:
- Personal Data will be retained for as long as necessary taking into account the purpose of the Processing, and in compliance with applicable laws, including laws on the statute of limitations and Data Protection Law.
For transfers to (sub-) processors, also specify subject matter, nature and duration of the processing:
- For the subject matter and nature of the Processing, reference is made to the Agreement and this DPA. The Processing will take place for the duration of the Agreement.
C. COMPETENT SUPERVISORY AUTHORITY
Pursuant to Clause 13, the supervisory authority of the EEA country where (i) Client is established; or where (ii) the EU representative of Client is established; or where (iii) the data subjects whose personal data are transferred under the SCCs in relation to the offering of goods or services to them, or whose behaviour is monitored, are located.
TECHNICAL AND ORGANISATIONAL MEASURES INCLUDING TECHNICAL AND ORGANISATIONAL MEASURES TO ENSURE THE SECURITY OF THE DATA
- Electronic Access Control
- No unauthorized use of the Data Processing and Data Storage Systems, e.g.: (secure) passwords, automatic blocking/locking mechanisms, two-factor authentication, encryption of data carriers/storage media
- Internal Access Control (permissions for user rights of access to and amendment of data)
- No unauthorized Reading, Copying, Changes or Deletions of Data within the system as approvals are managed centrally, e.g., rights authorization concept, need-based rights of access, logging of system access events
- Isolation Control
- The isolated Processing of Personal Data, which is collected for differing purposes, e.g., multiple Client support, sandboxing;
- Employee Control
- Employees are bound by written confidentiality agreements
- Employees receive training on data privacy and data security
- Pseudonymisation (Article 32 Paragraph 1 Point a GDPR; Article 25 Paragraph 1 GDPR)
- The processing of Personal Data in such a method/way, that the data cannot be associated with a specific Data Subject without the assistance of additional Information, provided that this additional information is stored separately, and is subject to appropriate technical and organizational measures.
- Data Transfer Control
- No unauthorized Reading, Copying, Changes or Deletions of Data with electronic transfer or transport, e.g.: Encryption, Virtual Private Networks (VPN), electronic signature;
- Data Entry Control
- Verification, whether and by whom personal data is entered into a Data Processing System, is changed or deleted, e.g.: Logging, Document Management
- Job Control
- Andela’s employees and contractors may only process Client and personal data strictly in accordance with the Agreement’s obligations and Client instructions.
- Availability and Resilience
- Availability Control
- Prevention of accidental or willful destruction or loss, e.g.: Backup Strategy (online/offline; on-site/off-site), Uninterruptible Power Supply (UPS), virus protection, firewall, reporting procedures and contingency planning
- Rapid Recovery
- Procedures for Regular Testing, Assessment and Evaluation
- Data Protection Management
- Incident Response Management;
- Data Protection by Design and Default (Article 25 Paragraph 2 GDPR)
- Order or Contract Control
- No third-party data processing as per Article 28 GDPR without corresponding instructions from Client, e.g.: clear and unambiguous contractual arrangements, formalized order management, strict controls, duty of pre-evaluation, supervisory follow-up check.
Information related to the California Data Processing Agreement can be found here:
Last Updated: 09/01/2022
This California Data Processing Addendum (the “Addendum”) forms an addendum to part of the Andela Agreement (including any associated Order Form, Statement of Work, or Master Service Agreement entered into there with, the “Agreement”), executed between the entity that executed the Agreement (“Client”) and Andela Inc. (“Andela”) (each a “Party”; collectively the “Parties”), and is in furtherance of obligations under the California Consumer Privacy Act of 2018 (California Civil Code §§ 1798.100 to 1798.199) and its implementing regulations, as amended or superseded from time to time (“CCPA”),
Capitalized terms used in this Addendum are defined in this section or the section of the Agreement they were first used. All capitalized terms not defined in this Addendum shall have the meanings set forth in the Agreement. For the purposes of this Addendum—
- “Business,” “Business Purpose,” “Collect,” “Consumer,” “Deidentified,” “Sale,” “Sell,” “Services,” “Service Provider,” and “Personal Information” have the meaning given to them in the CCPA.
- “Client Personal Information” means Personal Information provided by the Client to, or which is Collected on behalf of Client by, Andela to provide Services to Client pursuant to the Agreement or to perform a Business Purpose.
Roles and Scope
- This Addendum applies only to the Collection, retention, use, disclosure, and Sale of Client Personal Information.
- The Parties acknowledge and agree that Client is a Business and appoints Andela as a Service Provider to process Client Personal Information on behalf of Client.
- The Parties adopt this Addendum for so long as Andela maintains Personal Information on behalf of Client.
Restrictions on Processing
Except as otherwise permitted by the CCPA, Andela is prohibited from (i) retaining, using, or disclosing Client Personal Information for any purpose other than for the specific purpose of performing the Services specified in the Agreement for Client, as set out in this Addendum and (ii) further Collecting, Selling, or using Client Personal Information except as necessary to perform the Services.
Andela shall provide commercially reasonable assistance to Client for the fulfillment of Client’s obligations to respond to CCPA-related Consumer rights requests regarding Client Personal Information.
To the extent that the Agreement requires Andela to Collect, use, retain, disclose, or reidentify any Client Personal Information as directed by Client, Client shall be solely liable and shall hold harmless and indemnify Andela for any damages or reasonable costs, including attorneys’ fees and interest, arising from or related to the Collection, use, retention, disclosure, or reidentification of such Client Personal Information by Andela as directed by Client.
Sale of Information
The Parties acknowledge and agree that the exchange of Personal Information between the Parties does not form part of any monetary or other valuable consideration exchanged between the Parties with respect to the Agreement or this Addendum.
- Andela may modify the terms of this Addendum as provided in the Agreement. Andela will notify Client of any such changes and effectiveness of such changes in accordance with this Addendum or the Agreement.
- Any conflicts between the Agreement and this Addendum, the terms of this Addendum shall prevail.
- If any provision of this DPA is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, then the invalidity or unenforceability of such provision does not affect any other provision of this Addendum, and all provisions not affected by such invalidity or unenforceability will remain in full force and effect.
Modern Slavery Statement
Andela has a zero-tolerance approach to any form of modern slavery in its business and supply chains. Modern slavery encompasses slavery, servitude, human trafficking, and forced labor. We are committed to acting ethically and with integrity and transparency in all business dealings and reject any form of modern slavery or human trafficking taking place within our business or our supply chain.
This statement covers the following entities within the Andela group (collectively, “Andela”):
- Andela Inc.
- Andela Talent Accelerator Limited
- Andela Kenya Limited
- Andela Developers Uganda Limited
- Andela Rwanda Limited
- Andela Egypt LLC
- Andela Ghana Limited
Andela has evolved to become a global remote talent marketplace that connects tech talent across the world with opportunities globally across various technology verticals, including: Software Development, Design, Cloud, Data, and Product Management. Andela provides clients with vetted software engineers, through a matching and assessment process
that includes client interviews and assessments of the soft and technical skills of talent. Andela supports talent through onboarding and working with clients. Andela offers a wide range of services and products to meet client and talent needs, including job placements, assessments, payroll services, and value-added services for the Andela talent community, such as insurance, education, and financial services offerings. Andela is a fully distributed, remote operation.
Our Supply Chains
Although identifying, recruiting and onboarding engineering talent is our main focus, we also procure goods and services generally required for the smooth operation of any international business – including IT services and software. Our supply chains also include professional services from our lawyers, accountants, consultants and other advisors.
Andela is mindful that, particularly across certain parts of the globe, it operates in locations where the prevalence of modern slavery and human trafficking abuses is statistically higher than average. To date, Andela is pleased to confirm that no such abuses have been identified in its business or supply chains in any Andela location.
Policies to Prevent Modern Slavery and Human Trafficking
Given the nature of its business, Andela has comparatively limited procurement activities (talent acquisition aside). Nevertheless, the company takes a robust approach to determine which suppliers it contracts with and is not prepared to maintain business relations with any supplier found to have committed, or been involved with, modern slavery, human trafficking, or forced labor abuses. Our opposition to modern slavery and human trafficking is codified in our Employee Handbook, which also provides for incident reporting, and reflects our commitment to acting ethically and with integrity in all our business relationships and to implementing and enforcing effective systems and controls to eliminate, as far as possible, the risk of modern slavery and human trafficking taking place anywhere in our business or supply chains.
By way of example, steps we have taken to help ensure modern slavery and human trafficking are not taking place in our business or supply chain include:
- Global Procurement Policy
We have a comprehensive procurement policy in place to regulate how we deal with our global suppliers in a well-managed, fair and ethical manner. This incorporates a strict employee code of conduct and whistleblowing procedure so that any malpractice can swiftly be dealt with and resolved. It also provides for an organized tracking system of vendors and periodic audits of vendor and procurement procedures to ensure compliance.
- Vendor Code of Conduct
Our suppliers are contractually obligated to comply with our vendor code of conduct. This code requires compliance with local employment laws and diversity practices and expressly prohibits child labor, discriminatory treatment of workers, and other forms of modern slavery and forced labor or involuntary servitude.
- Adult Hiring Policy
Our adult hiring policy expressly prohibits the use of child labor, forced labor, and the exploitation of children in our global operations. Notwithstanding any local laws permitting employment at a lower age, Andela does not hire employees below the age of 18.
Our compliance, audit, and legal teams are involved in ensuring this process works and will monitor it regularly, adapting as necessary to the changing needs of our business.
To ensure a high level of understanding of the risks of modern slavery and human trafficking in our business and in our supply chains, where appropriate, we will be asking our vendors to provide training to their staff and suppliers.
Given the global shift to remote, distributed work, Andela will prioritize our efforts to ensure that all our suppliers provide safe working conditions for their workers, particularly in labor service supply chains.
Andela’s compliance plan for 2022 includes a commitment to provide an online compliance module for ethical sourcing training, including steps to prevent modern slavery, for all staff and contractors providing services to Andela or Andela clients. The module will be mandatory for all personnel and will further embed Andela’s efforts to prevent modern slavery and human trafficking within our global company culture.
This statement constitutes Andela’s modern slavery and human trafficking statement for the financial year ending December 31, 2021, as approved by the Andela Inc. Board of Directors (“Board”) on behalf of the Andela group on February 8, 2022.
Signed on the Board’s behalf by:
Director, Andela Inc. for and on behalf of itself and the Andela group
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We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
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The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
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You must not access or use for any commercial purposes, other than as contemplated by your contractual agreement or relationship with Andela, any part of the Website or any services or materials available through the Website.
Andela, Qualified and Codewars and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
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- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
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User Contributions and Feedback
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material according to your account settings.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
To the extent that you provide Andela with any comments, suggestions or other feedback regarding Andela’s products, services, or website as a whole (collective, the “Feedback”), you will be deemed to have granted Andela an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. Andela is under no obligation to implement any Feedback it may receive from you.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions or Feedback posted by you or any other user of the Website.
Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions or Feedback for any or no reason in our sole discretion.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
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- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
If you believe that any User Contributions violate your copyright, please contact [email protected]. It is the policy of the Company to terminate the user accounts of repeat infringers.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
Online Purchases and Other Terms and Conditions
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part
This Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Website.
- Send e-mails or other communications with certain content, or links to certain content, on this Website.
- Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
- Link to any part of the Website other than the homepage.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
Limitation on Time to File Claims
Waiver and Severability
Your Comments and Concerns
This website is operated by Andela Inc.
All notices of copyright infringement claims should be sent to [email protected]
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: [email protected].
When you visit our website, we store cookies on your browser to collect information. The information collected might relate to you, your preferences or your device, and is mostly used to make the site work as you expect it to and to provide a more personalized web experience. However, you can choose not to allow certain types of cookies, which may impact your experience of the site and the services we are able to offer. Click on the different category headings to find out more and change our default settings according to your preference. You cannot opt-out of our First Party Strictly Necessary Cookies as they are deployed in order to ensure the proper functioning of our website (such as prompting the cookie banner and remembering your settings, to log into your account, to redirect you when you log out, etc.). For more information about the First and Third Party Cookies used please follow this link. More information
Strictly Necessary Cookies
These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.
Sale of Personal Data
Under the California Consumer Privacy Act, you have the right to opt-out of the sale of your personal information to third parties. These cookies collect information for analytics and to personalize your experience with targeted ads. You may exercise your right to opt out of the sale of personal information by using this toggle switch. If you opt out we will not be able to offer you personalised ads and will not hand over your personal information to any third parties. Additionally, you may contact our legal department for further clarification about your rights as a California consumer by using this Exercise My Rights link. If you have enabled privacy controls on your browser (such as a plugin), we have to take that as a valid request to opt-out. Therefore we would not be able to track your activity through the web. This may affect our ability to personalize ads according to your preferences.
These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.
These cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.
Andela exists to unlock human potential at scale. We envision a world where the most talented people can build a career commensurate with their ability – not their race, gender, ability or geography.
Andela is committed to digital accessibility, conforming to the Web Content Accessibility Guidelines (WCAG) 2.1, Level A and AA, and complying with Americans with Disabilities Act (ADA) effective communication requirements and other applicable regulations.
To accomplish this, we have partnered with Level Access to administer our accessibility program and oversee its governance. Their accessibility program evaluates our digital products on an ongoing basis in accordance with best practices. It is supported by a diverse team of accessibility professionals, including users of assistive technologies. The platform, moreover, goes beyond minimum compliance requirements by making an assistive CX technology application available to customers who have trouble typing, gesturing, moving a mouse, or reading. The application is free to download, and it incorporates tools such as mouse and keyboard replacements, voice recognition, speech enablement, hands-free/touch-free navigation, and more.
We want to hear from you if you encounter any accessibility barriers on our digital properties. Please contact our Customer Support at [email protected].