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AFRINIC is committed to protecting your privacy, confidentiality and security of the data that you provide us when using our website, contact our office, or when interacting with us.

Please read this privacy statement carefully as it contains essential information on how AFRINIC, as a controller, treat the personal data that you provide us.

 

 

1. Why and how we use your data?

We use your data in the course of our organisational activities and interaction with you for the following purposes:

  • performing our agreement with you;
  • assisting you with your queries or concerns;
  • treating your applications for specific job vacancies or on a spontaneous basis; 
  • ensuring the security of our offices and people;
  • keeping an accurate evacuation list in case of emergency;
  • complying with any legal or regulatory obligations imposed on us;
  • promoting our corporate initiatives (like events and cocktails) on AFRINIC social media; and 
  • Sending you communications if you have consented to receiving the same, and for any other purposes for which we have your consent.

 

2. Which personal data do we collect?

To fulfil our role as a Regional Internet Registry, AFRINIC collects information through the use of our websites, the MyAFRINIC member portal, the New Member Registration Portal systems, WHOIS services, mailing lists and interactions with individuals.

Thus when interacting with us, we may collect the following personal data for our organisational activities (refer to section 2 below)

  • your name and surname;
  • your national identity card number;
  • your passport details; 
  • your residential address;
  • your contact details (phone and fax numbers, email addresses);
  • CV, pictures and qualifications details when you either spontaneously apply for a job at AFRINIC or respond to a vacancy notice;
  • your photos and videos when you participate in corporate events, cocktails, sports events organised by AFRINIC;
  • your name, surname, signature and national identity card details in our visitors’ logbook when you visit us;
  • any other personal data necessary to fulfil your special requests; and
  • any other personal data that you choose to provide to us.

Also, when you choose to receive our campaign communications, we ask that you provide us with your email address. The provision of this information is purely voluntary, and you may opt-out of receiving our campaign communications at any time by unsubscribing to these communications.

  

3. To whom do we disclose personal data?

Your data may be shared as follows:

  • between and among members of AFRINIC as may be relevant for the purposes set out in section 2 above, but we shall only do so on a strictly need to know basis;
  • with our employees for purposes of fulfilling our organisational activities, treating job applications or conducting an internal analysis to improve our company and services; and
  • with our agents, advisers, accountants, auditors, lawyers, other professional advisors, contractors or third-party service providers to assist us to manage better, support or develop our business and comply with our legal and regulatory obligations.

AFRINIC ensures that your data is always safe. Only designated staff will access your information to fulfil our agreement, treatment of job applications, or promoting our professional relationship with you. Also, third parties with whom we share your data will be contractually obliged to safeguard all personal data to which they have access.

Please note that some disclosures will not require your consent, this happens when we share your data with;

  1. law enforcement bodies/agencies and other statutory authorities if required by law and
  2. if required or authorised by law or if we suspect any unlawful activities on your part.

If we have collected your data for a third-party, that data will be under their privacy policy, for which AFRINIC will not be responsible.

 

4. Overseas transfers of your information

In some cases, we may need to transfer your data with organisations located in countries outside our territorial limits to provide our services to you. We will secure the data transfer.

 

5. Communications

Occasionally, we could use your name and contact information to send you emails, post, or social media information that we think may be of interest to you, including stories, events, products and services offered by AFRINIC. However, we can only do so with your consent.

You will also be able to opt-out from receiving such communications at any time, free of charge, by contacting us following the section “Contact Us” below.

 

6. How long do we keep your information?

Your data will be stored for as long as required to fulfil our organisational purposes and for the period required by law. As per legal requirements, we will take reasonable steps to secure and anonymise your data and destroy it when retention is no longer necessary for legal or organisational goals (as set out in section 2 of this statement).

 

7. Processing of personal data must be justified

We will only process your data where we are satisfied that we have an appropriate legal basis to do so, such as

  1. for the performance of a contract between us; 
  2. where you have provided us with your express consent to process your data for a specific purpose; 
  3. our use of your information is necessary to fulfil our statutory obligations with relevant authorities (regulators, tax officials, law enforcement bodies) or otherwise meet our legal responsibilities; 
  4. our use of your data is in our legitimate interest as a Regional Internet Registry;
  5. for the purpose of historical, statistical or scientific research.

 

8. Security of personal information

AFRINIC has in place reasonable technical and organisational measures to prevent unauthorised or accidental access, processing, erasure, loss or use of your data and to keep your data confidential. These measures are subject to ongoing review and monitoring.

We cannot guarantee that our website will function without disruptions. We shall not be liable for damages that may result from;

  • the uses of electronic means of communication, including, but not limited to, damages resulting from the failure or delay in delivery of electronic communications, 
  • interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.

 

9. Links to other websites

Our website may contain links to other websites, apps, content, services or resources on the internet. If you access those websites, apps, content, services or resources using the links provided, please be aware that they may have their privacy policy.

We do not accept any responsibilities or liabilities for their policies or for any data which they may collect through their sites. Please check these policies before you submit any personal information to these other websites.

 

10. Access to your data

You have the right to request a copy of the personal data we hold about you. To do this, contact our Data Protection Officer and specify what information you would like. We will take all reasonable steps to confirm your identity before providing details of your data.

You will not have to pay a fee to access your data (or to exercise any of your other rights). However, we may charge a reasonable fee if your request is unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

 

11. Correction of your data

You have the right to ask us to update, correct or delete your data. We will take all reasonable steps to confirm your identity before making changes to personal data we may hold about you.

We would appreciate it if you would take steps to notify us of any changes with your data accuracy that we need to know.

 

12. Withdrawal of consent and request for deletion of personal data

You may also withdraw your consent to receiving information from us, or more generally to our processing of your data, at any time, and you may in certain circumstances ask us to delete your data. However, we may not be able to fulfil our contractual obligations towards you if you entirely withdraw your consent or ask us to delete your data entirely. To protect your data, we shall require you to first prove your identity at the time of the request, for instance, by providing a copy of your national identification card, contact details or answering some other security questions to satisfy our authentification process, before we may proceed with your request(s).

Whenever reasonably possible and required, we will strive to grant these rights within 30 days. However, our response time will depend on the complexity of your requests. We will respond to your requests free of charge, unless if, your request involves processing or retrieving a significant volume of data, or if we consider that your application is unfounded, excessive or repetitive in which case we reserve the right to charge a fee (as mentioned above regarding access).

There may be circumstances where we are not able to comply with your requests, typically in relation to a request to erase your personal data or where you object to the processing of your data for a specific purpose or where you request that we restrict the use of your data where we need to keep your data to comply with a legal obligation or where we need to use such information to establish, exercise or defend a legal claim. To make these requests, or if you have any questions or complaints about how we handle your data or would like us to update the information we maintain about you and your preferences, please contact our Data Protection Officer at the address set out under section 16 below.

 

13. Cookies policy

Our website uses cookies.

 

13.1) What is a cookie?

Cookies are small data files that your browser places on your computer or device. Cookies help your browser navigate a website and the cookies themselves cannot collect any data stored on your computer or your files. When a server uses a web browser to read cookies, they can help a website deliver a more user-friendly service. For your privacy, the browser lets a website access cookies that it has already sent to you.

13.2) Why do we use cookies?

We use cookies to learn more about the way you interact with our content and help us to improve your experience when visiting our website. Cookies remember the type of browser you use and which additional browser software you have installed. They also remember your preferences, such as language and region, which remain as your default settings when you revisit the website. Cookies also allow you to rate pages and fill in comment forms. The cookies we use are Session cookies which enable you to proceed through many pages of a site quickly and easily without having to authenticate or reprocess each new page you visit. The Session Cookies only last until you close your browser.

13.3) How are third party cookies used?

For some of the functions within our websites, we use third-party suppliers, for example, when you visit a page with videos embedded from or links to YouTube. These videos or links (and any other content from third party suppliers) may contain third-party cookies, and you may wish to consult the policies of these third-party websites for data regarding their use of cookies.

13.4) How do I reject and delete cookies?

We will not use cookies to collect personally identifiable data about you. However, should you wish to do so, you can choose to reject or block the cookies set by the websites of any third party suppliers by changing your browser settings – see the Help function within your browser for further details. Please note that most browsers automatically accept cookies so if you do not wish cookies to be used you may need to delete or block the cookies actively.

You can also visit www.allaboutcookies.org for details on how to delete or reject cookies and for further data on cookies generally. For data on the use of cookies in mobile phone browsers and for more information on how to reject or delete such cookies, please refer to your handset manual. Note, however, that if you decline the use of cookies, you will still be able to visit our websites, but some of the functions may not work correctly.

 

14. Amendments to this Privacy statement

AFRINIC may amend this privacy statement from time to time. We will publish all amendments on our website for your information regarding the way we collect and use your data. Any changes to this privacy statement will become effective upon posting of the revised privacy statement on the website. Use of our website following such changes constitutes your acceptance of the revised privacy statement than in effect but, to the extent such changes have a material impact on your rights or obligations as regards our handling of your data, such changes will only apply to personal data after the changes are applied.

 

15. Miscellaneous

This privacy statement is governed by and shall be construed in accordance with the laws of the Republic of Mauritius. This privacy statement is in the English language, and we may translate it into other languages. In the event of any inconsistency between the English version and the translated version of this privacy statement, the English version shall prevail.

 

16. How to contact us?

We have appointed a Data Protection Officer to oversee compliance with any questions concerning this statement. If you have any questions about this statement, including any requests to exercise your legal rights, please email us at dpc@afrinic.net or contact our Data Protection Officer using the details set out below:

 

The Data Protection Officer,
AFRINIC,
11th Floor, Standard Chartered Tower
72201, Cybercity Ebène
Republic of Mauritius

 

17. Complaints

If you believe that we have not handled your request appropriately, you may complain with the Mauritius Data Protection Office at the following address:

 

Data Protection Commissioner (DPC)
The Data Protection Officer,
5th floor, SICOM Tower,
Wall Street Ebène, Mauritius

 

However, we ask that you, please try to resolve any issues with us first before referring your complaint to the DPC.

 

 

Versions
Version 3 (Current) 21 November 2019
Version 2 19 December 2015
Version 1 May 2012

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1. Introduction

1.1. The AFRINIC Policy Development Appeal Committee, or the Appeal Committee, is a committee appointed by the AFRINIC Board, intended to adjudicate on appeals in terms of the Conflict Resolution section1 of the AFRINIC Policy Development Process (PDP)2. Any such appeal will involve a disagreement regarding the actions taken by the Chair(s) of the Policy Development Working Group (PDWG).

 

1.2. The Conflict Resolution section[1] of the Policy Development Process (PDP) requires that an Appeal Committee be appointed by the Board. It also requires a complainant to file an appeal with the Appeal Committee, within two weeks of the public knowledge of the decision under appeal.

 

1.3. This document sets out the processes and guidelines to be used for appointing an appeal committee. The guidelines will be updated when or if changes to the PDP make that necessary.

 

2. Composition

2.1. The committee shall be appointed by the Board and be composed of the following members:

  1. Seats 1 and 2: Two of the past chairs or past co-chairs of the AFRINIC policy development working group (PDWG).
  2. Seats 3, 4 and 5: Shall be selected from the AFRINIC community.

 

2.2. The following are not eligible for membership of the Appeal Committee:

  1. Employees of AFRINIC.
  2. Members of the AFRINIC Board of Directors.
  3. Current Chairs or co-chairs of the AFRINIC PDWG.

 

2.3. In the event that a member of the appeal committee is the author or co-author of a policy which becomes the subject of an appeal brought before this committee, any such member must recuse himself from the deliberations and must abstain from all votes taken by this committee in regards to such policy. If the committee or the board believe it necessary, the board shall appoint temporary replacement members to the committee based on the same eligibility requirements by which the affected members were appointed.

 

3. Selection Process

3.1. Ordinary Selection Process

3.1.1. For seats 1 and 2, the names of past chairs or co-chairs who served at least in that role for minimum of 2 public policy meeting (PPM) from the past 5 years shall be considered, and any who are ineligible shall be excluded. The Board shall then select among those left, they shall be approached, and if they consent then they will be appointed. Candidates later in the list will be considered and approached if earlier

candidates decline the position. In the event that insufficient candidates consent, then the search will be widened to any time in the past.

 

3.1.2. For seats 3, 4, and 5, they shall be selected within the AFRINIC community, in a manner similar to selection of the AFRINIC community representatives in the NRO NC.

 

Eligibility criteria shall include the following:

3.1.2.1 Be a member of the AFRINIC policy development working group

 

3.1.2.2 Must demonstrate to have participated in policy discussions on the rpd list or during the AFRINIC public policy meeting

 

3.1.2.3 Such participation in 3.1.2.2 above shall be those made earlier than 6 months from the date of call for nomination

 

3.2. Insufficient Candidates

3.2.1. In the event that insufficient candidates with the necessary qualifications are available and willing to serve for any particular seat, the Board shall fill that seat by appointing a person from the AFRINIC community.

 

3.3. Terms

3.3.1. The Board has the right to replace any or all Appeal Committee members at any time. Such decision of the Board must be by at least three-quarters of the Board

 

3.3.2. Every three (3) years, or more often at its sole discretion, the Board shall replace the entire Appeal Committee.

 

3.3.3. The board may review candidates appointed under section 3.1.1 and where applicable shall replace them with candidates fitting the criteria in section 3.1.1

 

3.3.4. In the event that an appeal is in progress at a time when the Board considers replacement of any or all Appeal Committee members, then the Board should delay any such replacement until such time as there is no appeal in progress; except that, if there continue to be appeals in progress after six (6) months, then the Board shall not delay any longer.

 

3.4. Filling of Vacancies

3.4.1. In the event of a resignation, or a Board decision to replace a member of the Appeal Committee, or any other reason for a vacancy, then a replacement member shall be selected by process described in 3.1 .

 

4. Working Methods

4.1. Appeals must be submitted in accordance with the process under “Filing an appeal” elsewhere in this document.

 

4.2. Any member of the Appeal Committee who has a conflict of interest with respect to an appeal shall recuse himself from considering that appeal. The Board shall appoint a temporary replacement for the purposes of considering the appeal in question, if possible such replacement shall be based on the same eligibility requirements by which the affected member(s) were appointed.

 

4.3. After receiving an appeal, the Appeal Committee shall publish a timeline for starting and completion of their work.

 

4.4. Should the Appeal Committee need more time, it shall make a request to that effect to the Board, with relevant reasons for extension.

 

4.5. The committee shall deliberate via email and/or teleconference.

 

4.6. The committee shall ensure that any appeal received is in line with the requirements of the Conflict Resolution section of the AFRINIC Policy Development3 Process.

 

4.7. The committee shall submit a report to the Policy Development Working Group, via the RPD mailing list <rpd@frinic.net>, containing its assessment of the facts put before it and its ruling on the grounds of appeal raised by the Appellant.

 

4.8. The appeal committee may direct that the PDP Chair(s) decision be remanded to the chairs for reconsideration, or that it be reversed, or that it be upheld. The committee must base such a decision on whether the PDP was followed and whether or not they believe that the chair’s judgment of consensus or lack thereof was correct, based on the record as it exists on the RPD mailing list, in the videos and/or transcripts of any PDWG meetings.

 

4.9 The ruling of the appeals committee shall be final and binding on all concerned.

 

4.10. Appeals and reports of findings shall be published in the policy development section of the AFRINIC web site, in addition to their publication in the RPD mailing list. Such report, must include rationale for decisions made,

 

5. Filing an Appeal

5.1. Before an appeal is filed, the following conditions must be satisfied:4

  1. There must be an action taken by the Chair(s) of the PDWG.5
  2. The complainant must have a good faith belief that the Chair(s) ruling erred and is not in accordance with the PDP or is inconsistent with the actual level of consensus in the PDWG.
  3. The complainant must discuss the matter with the Chair(s) of the PDWG and at least 3 other members of the PDWG. The complainant may hold these discussions in public on the RPD mailing list to engage the entire PDWG..6
  4. The discussion must fail to resolve the disagreement.7
  5. A failure to respond to or conclude discussions within one week of a request from a complainant by the Chair(s) shall be considered sufficient grounds under sections 5.1(c) and 5.1(d).

 

5.2 When a complainant decides to file an appeal, An appeal must include the following information:

  1. Brief description of the topic under appeal.
  2. Date of the appeal.
  3. Name and email address of complainant.
  4. The complaint must be supported by three (3) persons who have participated in the discussions relating to the matter under appeal.8 (That is, three (3) persons other than the complainant.)9 Said support must be expressed by an email message from each of the supporters to the Appeal committee. Each of these email messages must include a statement that the individual participated in discussions attempting to resolve the dispute and that those discussions failed to resolve the dispute.
  5. Date of the decision made by the Chair(s).
  6. Reference to an announcement of the decision which is being appealed. Such reference can be a recording url, rpd list url, or verbal quote of the Chair’s decision during the public policy meeting
  7. Evidence of a failed attempt to resolve the disagreement through discussion.
  8. Any additional material the complainant feels is relevant to the situation and will assist the committee in its deliberations.
  9. The appeal must be filed no more than two weeks (14 calendar days) after the action that is being appealed.10

 

5.3 An appeal and any statements of support required under 5.2(d) shall be sent via email to the Appeal committee pdwg-appeal@afrinic.net . A copy of the appeal must also be mailed (in a separate message, not as a carbon copy or “CC”) to the RPD mailing list rpd@afrinic.net.

 

 

 

1 “Conflict Resolution”, section 3.5 of the AFRINIC Consolidated Policy Manual. <https://www.afrinic.net/library/policies/1829-afrinic-consolidated-policy-manual#s3_5>.
2 “The Policy Development Process (PDP)”, section 3 of the AFRINIC Consolidated Policy Manual. . 

3 “Conflict Resolution”, section 3.5 of the AFRINIC Consolidated Policy Manual. <https://www.afrinic.net/library/policies/1829-afrinic-consolidated-policy-manual#s3_5>.
4 These conditions appear in the first paragraph of the “Conflict Resolution” section of the Policy Development Process <https://www.afrinic.net/library/policies/1829-afrinic-consolidated-policy-manual#s3_5>.
5 “A person who disagrees with the actions taken by the Chair(s) ...” 

6 “... shall discuss the matter with the PDWG Chair(s) or with the PDWG.”
7 “ If the disagreement cannot be resolved in this way ...”
8 “An appeal can only be filed if it is supported by three (3) persons from the Working Group who have participated in the discussions.”
9 The term “supported by” implies that the supporters and the complainant are distinct persons.

10 “The appeal must be submitted within two weeks of the public knowledge of the decision.” 

 

 

Terms of Reference Versions
Draft Terms of Reference Version 1 (18 July 2017) PDF Version
Terms of Reference version 2 (approved 26 Nov 2017) PDF version

 

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