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Please read the terms below in full before signing the agreement section at the end of this document.
This Memorandum of Understanding (MoU) establishes a framework for collaboration between The Packaging Producer Responsibility Organization (“PRO”) and the Waste Aggregator (“Waste Aggregator”) to:
Waste Collection and Aggregation — The Waste Aggregator will collect, segregate and aggregate specified waste materials from designated sources. The PRO will provide guidelines and support to ensure efficient collection and aggregation processes.
Recycling and Recovery — The Waste Aggregator will ensure that collected waste is transported to authorized recycling facilities. The PRO will facilitate partnerships with recyclers and monitor the recycling process to ensure compliance with EPR targets.
Data Reporting and Transparency — The Waste Aggregator will be onboarded into the PAKPRO Aggregator digital system and will be required to make all transactions through this platform and will provide regular daily updates on the quantity and type of waste collected, aggregated and recycled. The PRO will use this data to track progress toward EPR compliance and generate reports for regulatory authorities.
Capacity Building and Awareness — The PRO will organize training programs and awareness campaigns. The Waste Aggregator will participate in these initiatives and implement best practices.
Compliance with Regulations — Both parties will ensure all activities comply with national and local waste management regulations, including EPR requirements.
PAKRO:
Waste Aggregator:
The PRO will compensate the Waste Aggregator for waste collection, aggregation and transportation services at agreed rates. Payment terms and schedules will be outlined in a separate agreement or annexure.
This MoU will remain in effect for a period of one (1) year and may be renewed upon mutual agreement. Either party may terminate this MoU with 30 days’ written notice.
Both parties shall comply with all applicable Data Protection Act, 2019, and any regulations, guidelines, or directions issued thereunder, in relation to the collection, processing, storage, use, disclosure, and retention of personal data.
The Aggregator acknowledges that, during onboarding and throughout the collaboration, it shall be required to provide personal and business information, including identification documents, KRA PIN details, contact information, banking and payment information, facility location details, and other information required for verification, compliance, payment processing, reporting, and administration of the PAKPRO Aggregator Portal.
The PRO shall process such information only for legitimate purposes connected to the implementation of this MoU, including:
The PRO shall implement appropriate technical and organisational measures to safeguard personal data against unauthorised access, loss, alteration, disclosure, destruction, or other unlawful processing.
The Waste Aggregator shall ensure that any personal data it provides to the PRO or processes in connection with the collaboration is obtained and shared lawfully and, where applicable, with the necessary consent or other lawful basis.
Neither party shall disclose personal data obtained through this collaboration to any third party except where such disclosure is necessary for the purposes of implementing this MoU, required by law, or otherwise permitted under applicable data protection laws.
Where personal data is shared with service providers, recyclers, the regulator, technology providers, or other authorised third parties, the parties shall take reasonable steps to ensure that such parties maintain appropriate confidentiality and data protection safeguards.
The parties shall promptly notify each other of any actual or suspected personal data breach that may materially affect the other party or individuals whose data is processed under this MoU and shall cooperate in taking reasonable steps to contain, investigate, and mitigate the breach.
Personal data shall be retained only for as long as is reasonably necessary for the purposes for which it was collected, or for such longer period as may be required by applicable law, regulatory, accounting, audit, or dispute-resolution requirements.
Nothing in this section shall prevent either party from retaining or processing information where such retention or processing is required by law or is necessary to establish, exercise, or defend legal claims.
Any disputes arising from this MoU will be resolved through mutual discussion and negotiation. If unresolved, the matter may be referred to arbitration or the appropriate legal jurisdiction in Kenya.
This MoU may be amended or modified only in writing and with the mutual consent of both parties.
By ticking the box, the Waste Aggregator confirms that it has read, understood and agrees to be bound by these Terms and Conditions, including onboarding onto the PAKPRO Aggregator Portal for transactions.