Legal

Site Privacy Policy

1. Introduction
   1. This Privacy Policy tells you how we will process and protect your personal information.
   2. Baby City Limited ("Baby-City", "we", "us" or "our") collects and processes the personal information of anyone who accesses our website and/or chooses to become our customer as well as from your day-to-day dealings with us ("you" or "your").
   3. By providing us with your Personal Information, you:
      1. agree to this Policy and authorise us to process such information as set out herein; and
      2. authorise Baby City, our Service Providers and other third parties to Process your Personal Information for the purposes stated in this Policy.
   4. Personal Information, in terms of the Protection of Personal Information Act, 4 of 2013 ("POPIA"), means "information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person". South Africa’s Constitution, Act 108 of 1996, provides that everyone has the right to privacy. This includes the right to protection against the unlawful collection, retention, dissemination and use of your personal information.
   5. Because of the sensitivity of some personal information, we ensure that the way we process your Personal Information complies fully with POPIA and have implemented reasonable organisational and technical controls as a result.
   6. Our Privacy Policy terms may change from time to time. When we change them, the changes will be made on our website. Please ensure that you visit our website and regularly read this Privacy Policy.
2. Collection of Personal Information
   1. We may collect or obtain Personal Information about you in the following ways:
      1. Through direct or active interactions with you;
      2. In the course of our relationship with you;
      3. Through automated or passive interactions with you;
      4. When you visit / or interact with our website or our various social media platforms;
      5. From third parties;
      6. Public sources;
      7. Employment applications;
      8. CCTV; and
      9. Website usage information may be collected using “cookies” which allows us to collect standard internet visitor usage information.
   2. Types of Personal Information we may collect:
      1. Identity information;
      2. Contact information;
      3. Financial information;
      4. Transaction information;
      5. Technical information;
      6. Usage Information;
      7. Location information; and
      8. Marketing and communications information.
3. Legal Basis for Processing
   1. When we process your personal information in connection with the purposes set out in this Privacy Statement, we may rely on one or more of the following legal bases, depending on the purpose for which the processing activity is undertaken and the nature of our relationship with you:
      1. Your consent to the processing of your Personal Information;
      2. Processing of the information is necessary for the performance of a contract or of a legal obligation;
      3. Processing is necessary for the protection of our and your legitimate interests.
4. Purposes of Processing
   1. We will primarily use your Personal Information only for the purpose for which it was originally collected. We will use your Personal Information for a secondary purpose only if such purpose constitutes a legitimate interest and is compatible with the primary purpose for which the Personal Information was collected.
   2. You agree that we may process your Personal Information for the following, but not limited to, purposes, as relevant to our relationship with you:
      1. Operating our business;
      2. Complying with compulsory requirements under relevant laws;
      3. to retain and make information available to you on our website;
      4. to maintain and update our supplier database;
      5. to establish and verify your identity on the website;
      6. fraud prevention;
      7. recruitment;
      8. complying with information requests from the Information Regulator;
      9. transfer of information to an associated third party of supplier;
      10. for purposes of doing appropriate customer onboarding and credit vetting;
      11. Information may be shared with third parties for market research and to enable Baby City (and its associated companies) to develop appropriate marketing strategies in respect of its customers.
      12. to conduct market research, surveys and other marketing activities;
      13. Account, payment and debt management and
      14. for security, administrative and legal purposes.
   3. We may also collect and process aggregated data, which may include historical or statistical data for any purpose, including for know-how and research purposes.
   4. We will not intentionally collect and process the Personal Information of a child unless we have the permission of a guardian or competent person (as defined by POPIA).
5. Sharing of Personal Information
   1. In order for us to carry out our obligations and for legitimate business purposes, we may need to pass your personal information on to third parties, such as our service providers. This Privacy Policy records your consent to us passing your Personal Information onto those third parties.
   2. We will ensure that your Personal Information is processed in a lawful manner and that the third parties or we do not infringe your privacy rights. In the event that we ever outsource the processing of your Personal Information to a third party operator, we will ensure that the operator processes and protects your Personal Information using reasonable technical and organisational measures that are equal to or better than ours.
   3. We may also disclose your Personal Information to third parties if we are under a duty to disclose or share such information in order to comply with any legal obligation or to protect the rights, property or safety of Baby City, its customers and others.
6. International Transfer of Personal Information
   1. We will not ordinarily transfer any Personal Information collected from you outside the borders of South Africa.
   2. In the event that we transfer or store your Personal Information outside South Africa, we will take all steps reasonably necessary to ensure that the third party who receives your Personal Information is subject to a law or binding agreement which provides an adequate level of protection.
7. Data Security
   1. We have implemented appropriate technical and organisational security measures to protect your Personal Information that is in our possession against accidental or unlawful destruction, loss, alteration, unauthorised disclosure, unauthorised access, in accordance with applicable law.
8. Payment Security
   1. The payment pages that Baby City will use are hosted in a PCI-DSS secure DMZ. It is protected as prescribed by the PCI-DSS standards version 2.
   2. The transport of all data is encrypted by a SSL Thawte certificate which creates a secure https:// link between the cardholder and the payment pages.
   3. Any credit card would be asked for 3D secure enrolment if not already enrolled with the issuer to process transactions with authentication from the cardholder issuing bank.
   4. No card entry would be possible on the Baby City web shopping cart as all card traffic will be securely posted to the payment pages.
   5. No credit card data will be stored.
   6. No unauthorized access to the payment pages’ site will be permitted. Only Baby City as a known entity will be allowed to direct encrypted payloads to the payment pages.
9. Data Retention
   1. We will retain your personal information for as long as is necessary to fulfil the purpose for which it was collected unless a longer retention period is required to comply with legal obligations or another legitimate obligation, unless we have your consent to process it indefinitely.
10. Data Accuracy
    1. The Personal Information provided to us should be accurate, complete and up-to-date. Should Personal Information change, the onus is on the provider of such data to notify us of the change and provide us with the accurate data.
11. Data Minimisation
    1. We will restrict its processing of Personal Information to data which is sufficient for the fulfilment of the primary purpose and applicable legitimate purpose for which it was collected.
12. Your Rights under this Privacy Policy
    1. You have the right to have your personal information processed lawfully. Your rights include the right:
       1. to be notified that your Personal Information is being collected or that your Personal Information has been accessed or acquired by an unauthorised person e.g. where a hacker may have compromised our computer system;
       2. to find out whether we hold your Personal Information and to request access to your Personal Information;
       3. to request us, where necessary, to correct, destroy or delete your Personal Information;
       4. to object, on reasonable grounds, to the processing of your Personal Information;
       5. to object to the processing of your Personal Information for purposes of direct marketing, including by way of unsolicited communications;
       6. not to be subject, in certain circumstances, to a decision which is based solely on the automated processing of your Personal Information;
       7. to submit a complaint to the Regulator if you believe that there has been interference with the protection of your Personal Information; and
       8. to institute civil proceedings against us if you believe that we have interfered with the protection of your Personal Information.
13. Direct Marketing
    1. We may process Personal Information for the purpose of direct marketing and providing you with information that may be of interest to you. We will only send you direct marketing materials if you have specifically opted-in to receive these materials, or if you are a customer of ours, at all times in accordance with applicable laws.
    2. You may unsubscribe at any time.
    3. If you opt out of receiving marketing related communications from us, we may still send you administrative messages which is necessary as part of services.
14. Contact Details of the Information Regulator and Queries
    1. You may contact our Information Officer at: [email protected]
    2. You may contact the Information Regulator at:
       Information Regulator
       https://www.justice.gov.za/inforeg/index.html
       Tel: 012 406 4818
       Fax: 086 500 3351
       Email: [email protected]

Accuracy of website content, prices, product descriptions and images

• All reasonable steps are taken to ensure that the information on our website, social media channels and email marketing is accurate and up-to-date. We do not, however, warrant that the content or information displayed is always accurate, complete and/or current. Errors and omissions excepted (E&OE)
• Baby City reserves the right to limit the quantities of any item offered for sale on the Baby City Online Store.
• Sale products may vary from photographs.
• Offers may not be available at all stores including the Baby City Online Store.
• Any comments uploaded by our users or any authorised experts invited as our guests are their opinions alone and do not in any way represent our views, opinions, beliefs or values.

Your comments:

• We value your comments, ideas, suggestions and feedback ("your Comments") via our website. We will not compensate you in any way whatsoever for your Comments. Once received, your Comments will become our property and we will not be limited in any way in the use, commercial or otherwise, of any of your Comments.
• You warrant that your Comments do not and will not violate the right(s) of any third party, including copyright, trademark, privacy or any other personal or proprietary right. You agree not to disclose, submit or offer any Comments that are or contain any defamatory, unlawful, abusive or obscene material. We disclaim any liability towards any third party regarding your Comments and you shall remain accountable towards any third party regarding any harm caused by your Comments.

Intellectual Property:

• All rights, including copyright, trade mark and other intellectual property rights embodied in any logos, text, images, video, audio or other material on this website are owned by or licensed to us. All data and information communicated to or from the website including its database also belongs solely to us or our licensors. You agree to sign all documents as we may reasonably require in order to assign any rights that you may acquire in the content of our website. You agree also to waive any moral rights in such content. You are permitted to view, print or store electronically a copy of any information on our website, including these Terms, solely for your personal, lawful, non-commercial use. Unauthorised use, reproduction, modification and/or distribution is strictly prohibited and constitutes an unlawful infringement of our intellectual property rights.

Use of our logo, content and images:

• You are not permitted to use the content of our website, our logos or any product or other images that appear on our website without our prior written consent. Unauthorised use, reproduction, modification and/or distribution is strictly prohibited and constitutes an infringement of our or our licensors’ intellectual property rights.

Advertising:

• Advertising and other promotional material of third parties may appear on our website from time to time. We do not endorse such third parties or their products and/or services. Your reliance on any information contained in such material is entirely at your own risk.

Disclaimers & Exclusions of Liability:

• Use of our website is entirely at your own risk. We make no representations or warranties of any kind, whether express or implied. We do not warrant that the functions provided by the website will be uninterrupted or error free, or that the website or the server that makes it available are free from viruses or other harmful components. We accept no liability, to the extent permitted by law, for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused arising from the access or use of our website or the purchase of any of our products or services.
• You agree, to the extent permitted by law, to indemnify us against any loss or damage suffered or liability incurred by reason of any act or omission on your part or that of any third party acting on your behalf in connection with your use of our website and/or your purchase of any products or services.
• In the event that any clause contained in these Terms is invalid or unenforceable, then such clause shall not affect the validity or enforceability insofar as the remaining clauses of these Terms are concerned.
  We shall not be regarded as having waived, or be precluded from exercising any right under these Terms by reason merely that we have provided any indulgence to you or we fail to exercise or delay exercising any right we may have, whether the same right or any other right.