This website, is owned, operated and maintained by KIMBERLY-CLARK CORPORATION with its registered offices at World Headquarters, P.O. Box 619100, Dallas, Texas 75261–9100, which can be contacted at the following +39 (011) 8814102, acting in its capacity as data controller ("Kimberly-Clark", "us", "we"), Kimberly-Clark has designated Kimberly-Clark of South Africa (Proprietary) Limited ("KCSA") as its representative, with registered offices in 8 Leicester Road, Bedford Gardens, Gauteng, South Africa, 2007 which can be contacted telephonically at 0800 112 388 or through website call center form as available at the following link https://www.babysoft.co.za/contact-us.Through this privacy notice Kimberly-Clark wants to inform you of the collection of Personal Data (as defined below), how we use it, what rights you have in relation to your Personal Data and how you can contact us.
Personal Data is any information relating to a living natural person and where applicable, an identifiable, existing juristic person (‘data subject’), who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that data subject, as the case may be.
Before you provide us with any Personal Data or otherwise browse our Site or use our application, you should read through this Privacy Notice completely and make sure that you are comfortable with our privacy practices.
Please note this website may contain links to other third party websites. We are only responsible for the privacy practices and security of the information we collect. We recommend that you check the privacy and security policies and procedures of each and every other website you visit.
1. What Personal Data We Collect
We process the following Personal Data about you for the purposes listed in paragraph 3 below, which Personal Data may include:
- your identification data such as your full name, date of birth, email address and phone number;
- data relating to your user account;
- data relating to your device, such as -Device ID (Desktop, Tablet or Mobile) and your IP address;
- user-generated content, social media postings, social media user name or ID, or social media profile picture; and
- Any data which you specifically upload onto the website or which you otherwise submit or provide to us
You may only create your account if you are at least 18 years. If you are a minor (under the age of 18 years) you must not provide us with your Personal Data
2. The Purposes for which We Process Your Personal Data
We process your Personal Data for the following purposes:
a) to use the website and its functionalities and services, including the possibility to access any information as available in your account and to provide you with information, products and services as requested by you;
b) to administer our website and help improve our products and services;
c) to provide customer support and technical assistance;
d) to comply with applicable laws and regulations (including antifraud laws, money laundering laws) and/or respond to request from public and government authorities;
e) with your prior consent, to deliver direct marketing communications concerning products and services of Kimberly-Clark (e.g., sending of advertising materials, market researches and market research to allow us to assess trends and the effectiveness or our advertising and marketing campaigns). The communications, may be sent by both automated (e.g., SMS, MMS, calling systems, email, social media messages and web applications) and traditional (e.g., calls by human operators) means of contact;
f) with your prior consent, the delivery of marketing communications customized on your interests and needs by means of the channels of communication set out under section 1 and 7;
g) if you granted the consent to the delivery of marketing communications referred under sections 1, 7, to perform non-invasive analysis based, among others, on the categories of being state of motherhood (pregnancy & new mom), being first or second mom and babies age, or month of pregnancy.
h) anonymize and/or aggregate personal data for research and statistical purposes;
i) to complete a potential merger, sale of assets or transfer of all or a material part of its business, by disclosing and transferring your personal data to the third party or parties involved in the transaction as part of the transaction;
3. The Legal basis for the Processing of Your Personal Data
Data protection law requires us to have a legal ground before processing any Personal Data about you.
The processing of your personal data is necessary with regard to the Contractual Purposes and Purpose of Law as it is essential (i) for the performance of the contract regarding the provision of the services as made available within the website and (ii) in order to comply with provisions as provided by the applicable laws. Should you not provide your personal data for the above mentioned purposes, Kimberly-Clark will not be able to provide you with the services as available in the website.
Finally, the processing of your personal data with regard to the Legitimate Interest Purposes as for the pursuit of Kimberly-Clark legitimate interest, which is adequately balanced with your interest since the data processing is performed within the limits strictly necessary to perform such activities.
4. Who We Share Your Personal Data With
Where we share your information with our service providers, we will authorise any data processing done by a third party on our behalf, by amongst other things, entering into written agreements with those third parties governing our relationship with them and containing confidentiality and non-disclosure provisions.
We take reasonable technical and organisational measures to secure the integrity of retained information, using accepted technological standards to prevent unauthorised access to or disclosure of your Personal Data, and protect your Personal Data from misuse, loss, alteration or destruction.
- From time to time, we review our information collection, storage and processing practices, including physical security measures, to keep up to date with good practice.
- We also create back-ups for operational and safety purposes.
- We will promptly notify you if we become aware of any unauthorised use, disclosure or processing of your Personal Data.
- Even by taking the above measures when processing Personal Data, we do not guarantee that your Personal Data is 100% secure. As far as the applicable laws allow, we will not be liable for any loss, claim and/or damage arising from any unauthorised access, disclosure, misuse, loss, alteration or destruction of Personal Data.
For the above- mentioned purposes, we may share information about you with third parties in certain circumstances specifically in the following situations:
- Sharing Your Information with Service Providers:
We may share information with companies or individuals, if necessary, that provide us with services in their capacity of data processors. These services may include, among other things, helping us in the field of marketing, technology, accounting, administrative, legal, insurance, IT matters.
- Law Enforcement and Legal Process;
We may report to law enforcement agencies any activities that we reasonably believe to be unlawful, or that we reasonably believe may aid a law enforcement investigation into unlawful activity (including, notably, when we receive a fair, reasonable and legal request from a law enforcement or regulatory body). In addition, we may release your information to law enforcement agencies if we determine that either you have violated our policies, or the release of your information may protect the rights, property, or safety of Kimberly-Clark, or another person.
- Sharing Your Information as Permitted by Law;
We may share your information with others as required by, or permitted by, law. This may include sharing your information with government entities, or third parties in response to subpoenas, court orders, other legal process, or as we believe is necessary to exercise our legal rights and/or to protect the property or safety of our customers or others (this includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction), to defend against legal claims that have been brought against us, or to defend against possible legal claims that we determine in our sole discretion might be brought against us.
- Blogs, Online Postings, and Testimonials;
We may decide to allow users to share comments, postings, testimonials, or other information. If you choose to submit such information to us, the information that you submit may be available generally to the public. Information that you provide in these areas may be read, collected, and used by others who access them
- Business Transaction;
In the event that we, or any portion of our assets, are acquired or we undertake a business or asset acquisition or prospective acquisition process, your information may be transferred to the acquiring company or other entity surviving such a transaction.
5. Keeping your Personal Data updated and correct:
Where required by law, we take reasonable steps to ensure that your Personal Data is accurate, complete, not misleading and up to date.
You must let us know if any information we have about you is incorrect, incomplete, misleading or out of date, by notifying us at the contact details set out in paragraph 12 of the Privacy Notice.
Where required by law, we will take reasonable steps to correct or update the relevant information accordingly having regard to the purpose for which the information was collected or used.
6. Managing Your Privacy Through Your User Profile
Apart from the rights as indicated in section 11 below, we provide you with the ability to exercise certain controls and choices regarding how we collect, use and share your Personal Data. By changing your User Profile or contacting us as described within this Privacy Notice, you may do the following: (1) you may correct, update and delete your registration account; (2) you may change your choices for subscriptions and alerts; (3) you may change your preferences as to the receipt of offers and promotions for our products and services, or products and services that we think may be of interest to you; (4) you may change your preferences whether we share your contact information with partners so they can send you offers and promotions about their products and services.
7. Direct marketing:
When you register on the website, you may receive direct marketing communications from us.
You may refuse to accept, require us to discontinue, or pre-emptively block any approach or communications from us if that approach or communication is primarily for the purposes of direct marketing ("direct marketing communications").
You may opt out of receiving direct marketing communications from us at any time by requesting us (in any manner, whether telephonically, electronically, in writing or in person) to desist from initiating any direct marketing to you.
If you have opted out, we may send you written (which may include electronic writing) confirmation of receipt of your opt out request, and not send you any further direct marketing communications.
8. Consumer Protection Act, Protection of Personal Information Act and other laws
If this Privacy Notice or any provision in this Privacy Notice is regulated by or subject to the Consumer Protection Act 68 of 2008 ("CPA"), the Protection of Personal Information Act 4 of 2013 ("POPIA") or other laws, it is not intended that any provision of this Privacy Notice contravenes any provision of the CPA, POPIA or such other laws. Therefore, all provisions of this Privacy Notice must be treated as being qualified, to the extent necessary, to ensure that the provisions of the CPA, POPIA and such other laws are complied with.
No provision of this Privacy Notice:
a) does or purports to limit or exempt us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or willful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption;
b) requires you to assume risk or liability for the kind of liability or loss, to the extent that the law does not allow such an assumption of risk or liability; or
c) limits or excludes any warranties or obligations which are implied into the Privacy Notice by the CPA, POPIA, or other applicable laws or which we give under the CPA, POPIA, or other applicable laws, to the extent that the law does not allow them to be limited or excluded.
9. Transfer of Personal Data abroad
Your Personal Data may be transferred outside of the country from which it was originally provided and may be shared with our trusted third parties located in jurisdictions outside South Africa which have no data protection laws or laws that are less strict compared with those in South Africa. Whenever we transfer Personal Data outside of South Africa, we take legally required steps to make sure that adequate safeguards are in place to protect your Personal Data and to make sure it is treated securely and in accordance with this Privacy Notice.
10. Data Retention
We retain your Personal Data for as long as necessary to fulfil the purposes for which the data was collected as outlined in this Privacy Notice.
11. Your Rights
Data protection law gives rights to individuals in respect of Personal Data that organisations hold about them. In particular you can, at any given time, exercise the following rights:
a) to obtain from Kimberly-Clark confirmation of the existence of personal data and to be informed of its content and source, verify its accuracy and request its integration, update or amendment;
b) request the erasure, anonymisation or restriction of the processing of data processed in breach of the applicable laws;
c) object in whole or in part, on legitimate grounds, to the processing of the data;
d) to withdraw the consent to the processing of the data (if and to the extent such a consent is necessary).
In addition to the above you will also have the right, in any given moment, to:
e) request Kimberly-Clark to limit the processing of your personal where:
• you contest the accuracy of the personal data until Kimberly-Clark has taken sufficient steps to correct or verify its accuracy;
• the processing is unlawful but you do not want us to erase the data;
• Kimberly-Clark no longer needs your data for the purposes of the processing, but you require them for the establishment, exercise or defence of legal claims; or
• you objected to processing justified on legitimate interests, pending verification as to whether Kimberly-Clark has compelling legitimate grounds to continue processing.
f) request the erasure of the data;
g) receive an electronic copy of the data, if you would like to port data to yourself or a different provider, when Kimberly-Clark is relying upon your consent or the fact that the processing is necessary for the provision of the services and the data is processed by automatic means; and
h) lodge a complaint with the South African Information Regulator.
i) With regard to marketing communications, apart from revoking you consent if you decide that you do not want to receive commercial emails from us, you can also “opt-out” from receiving such emails by clicking on the “unsubscribe” link provided at the bottom of every commercial email.
j) If you would like to exercise your rights, please contact us using the contact information set out in paragraph 12 below. Please note that requests to exercise data protection rights will be assessed by Kimberly-Clark on a case-by-case basis. There may be circumstances where we are not legally required to comply with your request because of exemptions provided for in applicable laws.
12. Questions and Complaints
You can phone us by calling +27 (0) 800 112 388 or through website call center form as available at the following link https://www.babysoft.co.za/contact-us
Should you feel that your rights in respect of your Personal Information have been infringed, please address your concerns to the Kimberly-Clark Information Officer or the Kimberly-Clark Legal Division at [email protected] You have the right to make a complaint at any time to the Office of the Information Regulator in South Africa (https://www.justice.gov.za/inforeg/contact.html). We would, however, appreciate the chance to deal with your concerns before you approach a regulator, so please contact us in the first instance.
13. Changes to the Privacy Notice
We may modify or amend this Privacy Notice at any time by posting the revised Privacy Notice in our website. We recommend that you review our Privacy Notice every time you submit information to us or place an order.