Share with a Counsellor Terms and Conditions

1. Brief Introduction

Your privacy is imperative to our service provision. These Terms and Conditions (T&Cs) cover online activities offered by Share with a Counsellor Agency through:

• Website
• Social Media Platforms
• Mobile Phone Applications

These platforms serve as marketing tools linking the public to Share with a Counsellor Mobile Applications. The Mobile Applications are information and data-driven, requiring protection of Users by allowing you to determine what data to provide and consent that you have done so voluntarily, willingly, and without coercion after reading the Data Privacy and Protection Policy and these T&Cs.

This agreement serves as the contract between the platforms and Users. All Users MUST read, understand, and accept these T&Cs.

Coverage includes:

• Explanation of key terms
• Legal limitations of the site owner’s responsibility
• Actions against Users who breach T&Cs
• Intellectual property rights

While T&Cs are not legally required, they form the legal basis of our relationship with Users and will be used by courts to assess validity of any legal disputes.

2. Definition of Terms

Key Definitions:

Privacy and Data Protection Policy – Statement describing how the company collects, handles and processes customer data and whether information is kept confidential or shared with third parties.

Breaching – Situation where an agreement between parties is broken (e.g., breaking confidentiality when life is in danger or crime is committed).

Service Centers:

1. Share Center – Free Brief Therapy Sessions and Psychological First Aid via phone calls
2. Chat Therapy Center – Brief Therapy via chat for teenagers/youth and GBV victims
3. Therapy Center – Actual and virtual therapy sessions (audio/video calls)
4. Linkage & Referral Center – Multidisciplinary mental health services and referrals
5. Share Wellness Groups Center – Annual subscription groups for specialized support

Other Terms:

• Commissioners/Commission – Data Protection Commissioners established under Data Protection Act 2019
• Corner – Specific Share Wellness Groups for homogenous members
• Data Controllers/Processors – Licensed companies handling customer data
• Mobile Phone Apps – Software for Android and iPhone to access psychosocial services
• Partners – Institutions/Organizations contracting services
• Professionals – Qualified counsellors and psychologists
• Specialist Service Providers – Psychiatrists, rehabilitation centers, mediators
• Structured Session – Booked therapy within 24 hours (Therapy Center) or 2 hours (Chat Center)
• Anonymous Session – Share Center sessions without intake forms (30-60 minutes)
• User/Customer/Client – Individuals or organizations using the App

3. Data Privacy and Protection Policy

The Agency adheres to Kenya’s Data Protection Act 2018. Users must read and accept the Data Privacy and Protection Policy as a legally binding document.

4. Use of Information

See Data Privacy and Protection Policy Section 5.0. Note: Agency not liable for data leaked individually to third parties within/without Share with a Counsellor platforms.

5. Registration of Data Controllers and Processors

Agency has limited mandate over third-party data controllers/processors and is not liable for User data handled by third parties including social media platforms.

6. Safeguarding and Data Protection

6.1 Service Providers Data Protection

• Technical and operational measures protect against unauthorized access
• Agency registered in Kenya with required certifications
• Data processed lawfully, fairly, and transparently
• Not liable for data held by third parties

6.2 Agency Data Protection

• Clear service descriptions provided
• Users have discretion to provide data or exit platform
• Mobile App functionality depends on registration information
• Not liable for third-party held data

6.3 Terms and Conditions per Specific Services

• T&Cs provided at each service level
• Individual and Professional Accounts have specific T&Cs
• ICOs bound by main T&Cs and Service Agreement Contracts
• Acceptance required to access services
• System auto-populates acceptance details for legal records

6.4 Account Protection Measures

• Privacy Policy and T&Cs acceptance required
• User ID generated for anonymity
• Password required (user responsibility)
• Professional documentation requirements
• Confidentiality assured with limitations

7. Storage of Data/Retention

• No prescribed retention duration
• Data retained as long as reasonably necessary for:
  • Fulfilling collection purpose
  • Legal/regulatory requirements
  • Potential litigation
• Users can delete accounts (permanent) or uninstall (temporary)
• Audio/visual communications not recorded by Agency
• Brief notes allowed for record-keeping

8. Personal Identifiable Information

• Different data required at different Service Centers
• Data accessible only to vetted professionals
• Minimal information shared during referrals (with consent)
• Professionals bound by code of conduct
• Not liable for data shared with third-party referral services

9. Sensitive Data (Special Categories)

9.1 Mental Health Sensitive Data

• Required for appropriate intervention
• Processed by healthcare providers only
• Adherence to professional code of conduct

9.2 Vernacular Language Services

• Available for structured virtual therapy
• Clients specify language preference
• Professionals indicate language proficiency

9.3 Mainstreaming Gender and Disability

• Equal opportunities for all genders
• Accommodation for persons with disabilities where possible
• No discrimination based on limitations of available expertise

9.4 Multicultural Diversity

• Services open to all nationalities, races, tribes
• All professions and education levels welcome
• Interdenominational approach
• Future plans for faith-based alignment

9.5 Linkage and Referral

• Free service for subscribed clients
• Client discretion on information depth
• Agency not liable for third-party provider actions

9.6 Ethical Dilemma and Confidentiality Breaching

• Confidentiality assured unless:
  • Life in danger (suicide/homicide ideations)
  • Crime committed
• Client informed before escalation
• Third parties may be co-opted with consent
• Not liable for breaches per Professional Code of Conduct

9.7 Protecting Client Information

• No photos, ID numbers, bank accounts required for clients
• Phone numbers protected (admin access only)
• User ID system for anonymity
• Password-protected accounts
• E-wallet with PIN protection
• Annual subscription required
• Services must be within App

10. Non-Personally Identifiable Information

• May be collected by Agency and third parties
• Includes: IP address, browser type, OS, visited pages, device type, location
• Statistics displayed publicly
• Periodic broadcasts to users

11. Information from Social Networks

• May request social media access for certain features
• Enables access to profile information
• Users encouraged to follow/share Agency content
• No rewards for social media engagement

12. Geo-location Information

• Country and County information required
• Helps customize experience
• Used for referral services
• Not a tracking tool

13. Transfer of Personal Data Outside Kenya

• Servers may be located outside Kenya
• Data protected per applicable laws
• Server locations confidential for security

14. Exemptions

• Analytics used for awareness creation
• Statistics may be documented and shared publicly
• Personal stories require written consent
• Donor-funded beneficiaries sign consent forms

15. Lawful Basis for Processing

Processing based on:

• Service agreement
• Legitimate business interest
• Legal compliance
• Consent
• Public interest
• Vital interest

Court orders required for legal data access.

16. Enforcement

• Legal compliance ensured
• Service providers liable for system breaches
• Shared responsibility for data security
• Professionals sign data protection agreements
• Users must accept all terms

17. Accountability

• Only admin contracts third-party agencies
• Private practice allowed with permission
• Agency not liable for unauthorized services

18. Use of Hyperlinks

• Leaving Agency webpage subjects you to other site’s policies
• Agency not liable for third-party data handling

19. Use of Cookies

• See Data Privacy and Protection Policy Section 20
• Agency not liable for third-party cookie usage

20. Customer Rights

20.1 Right to be Informed

Clear communication before data collection

20.2 Right to Access and Correct

Users can access and edit personal data

20.3 Right to Erase

Account deletion option available

20.4 Right to Request Restricted Processing

May be subject to legal obligations

20.5 Right to Data Transfer

• Intake forms to email
• Payment confirmations
• OTP messages
• Service reminders

20.6 Right to Object and Withdraw Consent

• May continue processing for legitimate reasons
• Service withdrawal allowed

21. Finance and Records

• Professional fees for all services
• No VAT on MHPSS services
• Electronic payments only (M-Pesa, Visa, MasterCard)
• E-wallet system for all transactions
• E-receipts provided
• No cash payments
• Physical spaces leased when necessary
• Referral access free for subscribers

22. Service Provision Conditions

• Clear service descriptions
• Internet connection required
• Voluntary feedback requested
• Abusive language not tolerated (warnings then suspension)

23. Review of Terms and Conditions

T&Cs may be reviewed anytime with notification of changes.

24. Disclaimer

To exercise rights, contact: info@sharewithacounsellor.com Legitimate requests addressed within reasonable time.

25. Contact Information

Share with a Counsellor

P.O. Box 23952-00100
Nairobi, Kenya

Phone Numbers:

• Safaricom: 0707764498 (Call, Text, Telegram)
• Airtel: 0739 340004 (Call, Text, WhatsApp)
• Telkom: 0777543858 (Call, Text)

Email: info@sharewithacounsellor.com

Physical Location:
KMA Center Upper Hill
Block F, Apartment 1.1
Nairobi, Kenya

Consent Section:

• Name: _________________
• Accept: ☐
• Reject: ☐
• Date: _________________
• Signature: _________________