1. About this policy
This policy explains how Open Institute receives, reviews and responds to reports of potentially unlawful, harmful or abusive content and misuse of Sabasi.
It supports the Sabasi Acceptable Use Policy, which sets the rules governing what Customers and authorised Users may do through the Platform.
This policy applies particularly to content that Users make available through surveys, dashboards, public sites, sharing links and other Sabasi functionality.
Individuals who report content or who only respond to a Sabasi survey are not required to hold a Sabasi account.
2. What can be reported
You may report content or activity that you reasonably believe:
- contains or facilitates child sexual abuse or exploitation;
- unlawfully promotes or facilitates terrorism, extremist violence, hatred or serious violence;
- threatens, harasses or targets an individual or group unlawfully;
- exposes personal, sensitive or confidential information without appropriate authority;
- infringes copyright, trademark or other intellectual property rights;
- contains malware, malicious links or other harmful technical content;
- involves fraud, impersonation, spam or deceptive activity;
- abuses Sabasi surveys, public sites, integrations or other Platform functionality;
- violates the Sabasi Acceptable Use Policy; or
- is otherwise unlawful or creates a serious risk of harm.
The presence of sensitive or controversial subject matter does not by itself mean content violates our policies. Legitimate research, documentation, journalism, monitoring, advocacy and public-interest data collection may involve difficult subjects and will be considered in context.
3. How to make a report
Reports may be submitted:
- through an in-product reporting mechanism where one is available; or
- by email to hello@openinstitute.africa.
A useful report should, where possible, include:
- a link or reference to the affected survey, dashboard, public site or other content;
- the reason for the report;
- a brief explanation of the concern; and
- any supporting information that may help us assess it.
You should not send or reproduce suspected child sexual abuse material when making a report. A link, account reference or other identifying information is sufficient.
Reports may also reach OI through service providers, competent authorities, legal notices or other credible sources.
4. How we review reports
OI assesses reports according to their nature, severity and urgency.
Our review may consider:
- whether the reported activity violates applicable law or the Acceptable Use Policy;
- the nature and context of the content;
- whether anyone faces an immediate or serious risk of harm;
- whether children or vulnerable persons are involved;
- whether personal or sensitive data has been improperly disclosed;
- whether the content is publicly accessible;
- the scale and potential impact of the issue;
- previous relevant violations associated with the account; and
- whether action is required by law or a competent authority.
A report does not automatically result in removal or account action.
OI may request additional information where reasonably necessary to assess a report.
We do not undertake a general obligation to manually review all content processed through Sabasi. Content may be reviewed where a report, security signal, legal request or other reasonable safety or compliance concern requires investigation.
5. Child sexual abuse material
Child sexual abuse material ("CSAM") is strictly prohibited on Sabasi.
This includes material that may constitute child pornography or other child sexual exploitation material prohibited by applicable Kenyan law, including the Children's Act, 2022 and the Computer Misuse and Cybercrimes Act, 2018. The Computer Misuse and Cybercrimes Act, 2018 criminalises, among other things, publishing, distributing, transmitting, making available and possessing child pornography through computer systems.
Where OI becomes aware of suspected CSAM, we may immediately:
- restrict access to the affected content;
- suspend relevant functionality or accounts;
- restrict internal access to authorised personnel;
- preserve information where reasonably necessary and legally permitted for investigation, evidence or reporting;
- report the matter to competent Kenyan law enforcement or child-protection authorities where required or appropriate; and
- cooperate with lawful investigations.
Where lawful and appropriate for child protection, OI may also report suspected child sexual exploitation to recognised specialist organisations such as the National Center for Missing & Exploited Children CyberTipline or other appropriate bodies. NCMEC accepts voluntary CyberTipline participation from non-US electronic service providers and works with law enforcement internationally.
OI will minimise unnecessary staff exposure to suspected CSAM and handle such material with appropriate confidentiality and access restrictions.
6. Other unlawful or harmful content
Where OI reasonably determines that content is unlawful, seriously harmful or contrary to the Acceptable Use Policy, we may take action appropriate to the circumstances.
Actions may include:
- restricting access to content;
- unpublishing a survey, dashboard or public site;
- disabling a sharing link;
- disabling an integration or workflow;
- requesting corrective action;
- restricting particular Platform functionality;
- temporarily suspending an account;
- terminating an account; or
- referring the matter to an appropriate authority where legally required or reasonably necessary.
Removal from public access does not necessarily mean that all underlying information will immediately be deleted. OI may preserve information where required by law, necessary for an investigation, or reasonably necessary for the establishment, exercise or defence of legal claims.
7. Enforcement principles
OI seeks to apply enforcement proportionately.
Where appropriate, we consider:
- the seriousness of the violation;
- whether the conduct was intentional;
- whether there is an immediate risk of harm;
- whether the violation can reasonably be corrected;
- whether similar violations have occurred previously;
- the impact on Respondents, Users or third parties; and
- applicable legal obligations.
For minor or remediable violations, OI may provide notice and an opportunity to correct the issue before imposing more serious restrictions.
OI may act immediately and without prior notice where reasonably necessary to:
- protect a child or another person from serious harm;
- address an urgent security threat;
- restrict suspected CSAM;
- prevent continuing unlawful activity;
- comply with a lawful direction;
- preserve evidence; or
- protect Sabasi or its Users from serious abuse.
8. Notice and review of enforcement decisions
Where reasonably practicable and lawful, OI will inform the affected account holder when significant action is taken against their content or account.
The notice may identify:
- the content or activity concerned;
- the policy basis for the action;
- the action taken; and
- how the account holder may request review.
An account holder who believes an enforcement decision was made in error may request review by contacting hello@openinstitute.africa.
OI may decline to provide particular details or delay notification where disclosure would:
- prejudice an investigation;
- create a security risk;
- expose another person's confidential information;
- increase the risk of harm;
- interfere with evidence preservation; or
- violate applicable law or a lawful direction.
9. Personal data and privacy incidents
A content or abuse incident may also involve a personal data breach or another data protection issue.
Where this occurs, OI will separately assess its obligations under applicable data protection law.
Where OI processes the affected personal data on behalf of a Customer, OI will inform and assist the relevant controller as required by the Sabasi Data Processing Agreement and applicable law.
Trust and safety investigations are conducted only to the extent reasonably necessary for the relevant safety, security, legal or compliance purpose.
10. Reports involving intellectual property
A person reporting copyright, trademark or another intellectual property concern should provide sufficient information for OI to identify:
- the protected work or right;
- the allegedly infringing content;
- where the content appears on Sabasi;
- the basis for claiming infringement; and
- appropriate contact information.
OI may forward relevant details of an intellectual property complaint to the affected Customer or User where appropriate and lawful.
OI may restrict or remove content where there is a reasonable basis to conclude that it infringes another person's rights.
11. Cooperation with authorities
OI responds to valid and lawful requests from courts, regulators, law enforcement and other competent authorities.
OI may preserve or disclose information where required by law or lawful process.
Where legally permitted, OI considers the necessity and scope of a request and seeks to avoid disclosing information beyond what is lawfully required.
Nothing in this policy prevents OI from making a report to an appropriate authority where OI reasonably believes reporting is legally required or necessary to address a serious risk of harm.
12. Confidentiality and records
Trust and safety reports are handled on a need-to-know basis.
OI maintains appropriate records of significant reports and enforcement actions, which may include:
- the nature of the report;
- the content or account concerned;
- assessment and decision;
- actions taken;
- relevant dates;
- escalation or reporting decisions; and
- the reasons for material enforcement decisions.
We avoid unnecessarily reproducing harmful or unlawful content within investigation records.
Personal data contained in reports and investigation records is handled in accordance with the Sabasi Privacy Policy and applicable data protection law.
13. Misuse of reporting mechanisms
Reporting mechanisms must not be used to harass others, knowingly submit false allegations, overwhelm the Platform, or interfere with lawful use of Sabasi.
Deliberate or repeated abuse of reporting functionality may itself result in action under the Sabasi Acceptable Use Policy.
Good-faith reports will not result in action against a reporter merely because OI ultimately determines that no violation occurred.
14. Changes to this policy
We may update this policy to reflect changes to Sabasi, applicable law, safety practices or the types of misuse encountered on the Platform.
The current version and effective date will be published with this policy.
Where a material change affects the obligations of Customers or Users, OI will provide reasonable notice where appropriate.
15. Contact
To report potentially unlawful, harmful or abusive content or ask a question about this policy:
Open Institute 9 Riverside Building P.O. Box 50474-00100 Nairobi, Kenya Email: hello@openinstitute.africa
Where there is an immediate threat to someone's life or physical safety, contact the appropriate emergency or law-enforcement authority directly.