- We, BohBaby (“us”, “we”, “our” or “BohBaby”), are committed to safeguarding the privacy of all our customers and website visitors.
- your use of this website; and
- any customers ordering products from us.
- BohBaby understands and is fully committed to the protection of your privacy and personal information as legislated by the Protection of Personal Information Act, 4 of 2013 (“POPIA”). We further recognise the importance of ensuring that the collection of your personal information is done so responsibly, within the ambit of applicable law.
- In the event that you do not agree, whether now or in future, with the manner in which your privacy and personal information will be handled while using the website, please immediately exit the website.
- Personal information is information which identifies or could reasonably be associated with you. We may collect and process different types of personal information in the course of operating our business. These may include –
- website usage and other technical data such as details of your visits to the website, information collected through cookies and other tracking technologies, your internet protocol (“IP”) address, operating system and browser type, as well as other digital information such as location data, communication data and traffic data;
- information that you provide to us (including the timing, frequency and pattern of service use);
- information that you post or make available to our website for publication on the internet (including your user name, your profile pictures and the content of your posts);
- information contained in or relating to any communication that you send to us or send through our website (including the communication content and metadata associated with the communication); and
- any other data relating to you that you may provide.
- where you provide your personal information to us directly;
- where we monitor the use of, or interactions with, our websites, any marketing we may send to you, or other email communications sent from or received by BohBaby;
- publicly available sources, where we may use such sources to help us keep contact details we already have for you accurate and up to date or for professional networking purposes;
- administering our website and business; and
- personalising our website for you;
- We endeavour to collect and use only that personal information which is necessary for the intended purpose of the collection and we will not retain your personal information for longer than is necessary to achieve the purpose for which we collected it, unless there is a lawful basis or legal requirement for us to retain your personal information for a longer period.
- We may disclose your personal information to our third-party service providers, where necessary and we require our third-party service providers to take reasonable, appropriate, technical and organisational measures to keep your personal information safe.
- We may disclose your personal information –
- to the extent that we are required to do so by applicable law;
- in connection with any ongoing or prospective legal proceedings;
- in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);
- to the purchaser (or prospective purchaser) of any business or asset that we are (or are contemplating) selling; and
- to any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information.
- There remains a possibility that your personal information that we collect may have to be transferred to, and stored at, a destination outside of the Republic of South Africa. Insofar as this may occur, we will take reasonable organisational and/or contractual measures to ensure that your personal information is processed by such third-services providers for the purposes of which it has been provided to us and that the required levels of protection have been implemented by such third-party service providers to safeguard your personal information. Please continue reading under clause 5 for more information on cross-border transfers of personal information which may relate to the General Data Protection Regulation 2016/679 (“GDPR”).
- You agree that once your personal information has been de-identified (where we delete any information that identifies you) such de-identified information may be shared in the following circumstances –
- to our agents, advisers, service providers and suppliers (which may include search engine optimisation agencies, creative, brand, digital and media agencies, and Microsoft, Google and other research agents);
- to monitor web traffic, web servers serving the website will automatically collect information about you in relation to the website pages you visit; and
- for statistical purposes, we may perform statistical analyses to measure interest in the various areas of the website.
- Your personal information may be stored and processed in countries, other than the Republic of South Africa, where we have facilities or in which we engage service providers.
- By using the website, you understand that your information may be transferred to countries outside of your country of residence and which may have protection of personal information rules that are different from those of your country.
- In certain circumstances, courts, law enforcement agencies, regulatory industries or security authorities in those other countries may be entitled to access your personal information.
- Some non-European Economic Area (“EEA”) countries are recognised by the European Commission in terms of the GDPR as providing an adequate level of data protection according to GDPR standards. The Republic of South Africa is not recognised by the European Commission as having the requisite GDPR standards at this time.
- If you are based in the EEA or in non-EEA recognised country, your personal information may be transferred to, accessible from, and/or stored at, a destination outside the EEA (or non-EEA recognised country) in which data laws may not be as comprehensive as is in the case of countries recognised by the European Commission.
- Regardless of the location of our processing of your personal information, we continue to use and implement a range of commercially reasonable physical, technical and procedural measures to ensure that your personal information is protected appropriately and in terms of applicable laws.
- We recognise that information security is an integral part of data privacy. While no data transmission can be guaranteed to be incapable of being intercepted intrusively, we implement a range of commercially reasonable physical, technical and procedural measures to help protect personal information from unauthorised use, access, disclosure, alteration or destruction in accordance with the requirements of applicable law.
- You acknowledge that the transmission of information over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.
- If you have any concerns or questions about our use or the safety of your personal information, please contact us at the details listed in clause 10 below.
- You may have the right to request from us to –
- provide you with further details on how your personal information is used;
- provide you with a copy of personal information that we hold about you;
- update any inaccuracies in the personal information we hold;
- delete any personal information that we no longer have a lawful ground to use;
- where processing is based on consent, to withdraw your consent so that we stop that particular processing;
- object to any processing based on the legitimate interests ground unless our reasons for undertaking that processing outweigh any prejudice to your protection of personal information rights; and
- restrict how we use your personal information whilst a complaint is being investigated.
- We will take reasonable steps to keep your personal information accurate and complete but it is suggested that you regularly update your personal information.
- You may request access to any of your personal information that is held by us at any time and for any purpose, including requesting that we correct your personal information if it is inaccurate or delete the personal information if we are no longer required to retain it by law or for a legitimate purpose.
- Whilst it is our policy to respect your rights, please be aware that your exercise of these rights is subject to certain restrictions that are necessary to safeguard the public interest (for example, the prevention or detection of crime) and some of these rights may be limited (for example where we are required or permitted by law to continue processing your personal information to defend our legal rights or meet our legal and regulatory duties and obligations).
- Your IP address is automatically assigned to your computer by your Internet Service Provider. An IP address may be identified and logged automatically in our server log files whenever a user accesses the website, along with the time of the visit and the pages that were visited.
- Collecting IP addresses is standard practice and is done automatically by most websites, applications and other services. We use IP addresses for purposes such as calculating usage levels, trends, diagnosing server problems and administering the website. We may also derive your approximate location from your IP address.
- The collection of IP addresses, browser types and other anonymous statistical data does not identify you personally through our server log files. We do not link this information to personally identifiable information.
- Cookies are small data files stored by your computer to help improve functionality, tailor information to provide visitors with more relevant pages, store user preferences when needed and collect anonymous statistics on the usage of the website.
- In addition, if you currently receive marketing information from us which you would prefer not to receive in future, please email Claire Schepers at email@example.com.
NOTE: Disclaimers apply to all emails and any attachments.
This disclaimer applies to any electronic message (such as email, SMS and encrypted text message) passing through the BohBaby’s information system (including its contents, any attachments and all subsequent messages or attachments). If there is a conflict between this disclaimer and any other disclaimer, this one will prevail.
Electronic messages are intended for the named recipient only. If that is not you and you have received the electronic message:
Please notify the sender using the contact details contained in the electronic message. If this is not possible, then by contacting BohBaby by telephone or fax. You must delete the electronic message received in error once you have notified the sender. You must not forward, copy or otherwise transmit or disseminate the electronic message or any of its contents to any person other than the named sender. You may not print, save, or store the electronic message or any of its contents in electronic or physical form.
Electronic messages are confidential, unless specifically stated or if it is explicitly clear from the context (such as press releases and other official statements) and may not be disclosed to another person. The electronic message may be subject to legal privilege and client confidentiality. If you are not certain whether the message is confidential or subject to legal privilege, please contact the sender and assume, until advised otherwise, that the message is confidential and subject to privilege.
Unless explicit consent is obtained from the sender, you may not add the sender’s email address or contact number to any database for the purposes of direct marketing.
Copyright notice for message content
BohBaby is the owner of the content of its electronic messages (which are protected by copyright and other intellectual property laws) and all of its rights in and to such intellectual property are reserved.
Consent and legal requirements
By communicating with BohBaby via electronic message, you consent to receiving electronic messages from BohBaby and agree that any agreement, notice, disclosure or other message transmitted electronically satisfies the requisite legal requirements, including that it be “in writing”. Unless otherwise stated, an electronic message will only be deemed to have been -
- received by BohBaby once a recipient at BohBaby has confirmed receipt orally or in writing
- sent by BohBaby once reflected as “sent” on BohBaby’ message server logs
Limitation of liability
All reasonable precautions have been taken by BohBaby to ensure that no malicious software (such as malware and viruses) is in its electronic messages and attachments sent to you. It is your responsibility to ensure that you check all electronic messages and attachments you receive from BohBaby for malicious software.
While BohBaby uses its best endeavours to prevent loss or damage to third party systems, it shall not be held responsible or liable for any harm, damages, or loss (including any loss of profits, loss of programs, business interruption, loss or corruption of data) arising from an electronic message, including by reason of -
- the amending of an electronic message by a third party
- non-delivery of an electronic message
- incorrect delivery of an electronic message
- adverse effects on hardware
- unencrypted transmission
Interception and monitoring
Subject to applicable laws, BohBaby reserves the right to intercept, monitor, review or disclose all electronic messages. Employees do not have any privacy right in the creation of, sending of, receipt of or storage of information on the systems of BohBaby. If you do not want your message to be read by BohBaby, you must not communicate with BohBaby by electronic message.
If you have any questions or concerns arising from the contents of this disclaimer, please contact Claire Schepers at firstname.lastname@example.org.
Information about BohBaby
Contact Information: 94 Glover Avenue, Doringkloof, Centurion, Pretoria, 0157, Claire Schepers at email@example.com
Last updated: 1 July 2021