WEBSITE PRIVACY POLICY

BAKI Beauty Limited (“BAKI”, “we”, “us” or “our”) values how the information and data you provide to us is collected, used and shared. BAKI is dedicated to respecting and protecting your privacy in compliance with the applicable laws and obligations on data use and privacy.

We have prepared this Privacy Policy which describes what information we may collect about you; how we use and share your information when you visit the BAKI website www.baki.co.ke, the BAKI mobile application (the “BAKI App”) and BAKI WhatsApp for Business Account, purchase goods from one of our BAKI Agents, purchase goods from our BAKI catalog, or otherwise use our services (together referred to as the “BAKI Services”); how we protect it; and what choices you have about how that information is used and shared. 

In the course of the services we provide to you, BAKI will process personal data relating to its customers. With regard to such processing, BAKI will qualify as a data controller.

Please note that the BAKI Services are not intended for minors and we do not knowingly collect personal data relating to minors.

  1. Definitions and Interpretations

As used in this Policy, the following words mean:-

Consent is a clear indication of a person’s agreement to have their personal data processed. The person should be informed beforehand of the purposes for processing their personal data.

Data Protection Laws mean the Kenyan Data Protection Act, 2019 and accompanying regulations. 

Personal Data means any information relating to an identified or identifiable natural person. This means where a person can be identified through an ID number, location data, email address or any other factors that, when combined with other information, can help you identify an individual (even if the information does not include someone’s name).

Processing means taking any action with someone’s personal data. Data processing includes actions such as collecting, handling, storing and transferring personal data.

Sensitive Personal Data means data revealing an individual’s race, health status, ethnic social origin, conscience, belief, genetic data, biometric data, property details, marital status, family details including names of the person’s children, parents, spouse or spouses, sex or the sexual orientation of the data subject.

  1. What information do we collect from you?

We collect the following information from you:-

  1. Your name, phone number and email address.
  2. Your location details.
  3. Your preferences for particular products and services, based on information provided by you or from your use of BaKi’s (or third party) website, products and services.

 

  1. Collection of personal data and sensitive personal data

We may collect your personal data in the following ways:-

  1. Directly from  you as BAKI’s customer, through but not limited to, during surveys, BAKI trainings and consent forms; 
  2. Through BAKI resellers acting upon BAKI’s instructions; and 
  3. Camera Surveillance at BAKI’s offices and content creation studio.

 

  • Why we use your personal data and sensitive personal data

BAKI will process your personal data and sensitive personal data in accordance with its obligations under the applicable data protection laws.

We use your personal information to:-

  • Operate, develop, provide and improve our services.
  • Register you as BAKI’s customer.
  • Billing purposes.
  • Processing and delivering your orders.
  • Facilitate the participation in promotions and surveys.
  • Ensure your safety and security when accessing BAKI’s offices and content creation studio.
  • Recommend/advertise products or services which may be of interest to you.
  • Comply with our legal obligations.

 

  • Legal bases for processing your personal data

We will process your information based on any of the lawful basis provided under the applicable data protection laws:-

  1. Performance of a product/service agreement with you.
  2. Consent you provide.
  3. BAKI’s legitimate interest
  4. Compliance with a mandatory legal obligation 

 

  • Your rights as a data subject

You may exercise certain statutory rights in relation to your personal data. This includes the right to:

  1. be informed of the use of your personal data;
  2. access your personal data held by BAKI;
  3. object to processing of part of or all your personal data;
  4. request for the erasure of your personal data;
  5. request for the correct of your personal data where it is incomplete, inaccurate or outdated;
  6. request the restriction of processing of your personal data;
  7. request BAKI to provide data, by portable means, to another data controller or data processor by means of an express request;
  8. withdraw your consent where the processing of your personal data is based on consent.  This may impact the performance of our contract with you or may hinder the performance of our services to you and to our guests. 

If you wish to exercise any of the rights set out above, please contact us through [email protected].  Please note that under certain circumstances, we may have grounds to refuse your request under the Data Protection Laws.

  • Commercial Use of Data

You may be required to opt in or give any other form of explicit consent before receiving marketing messages from BAKI.

You can request us to stop sending you marketing messages at any time by writing to us or logging into our website, BaKI.co.ke and checking or unchecking relevant boxes to adjust your marketing preferences or by following the opt out links on any marketing message sent to you or by contacting us at any time through the provided contacts.

Where you opt out of receiving marketing messages, this will not apply to personal data provided to us as a result of a product or service already taken up, product or service experience or other transactions.

  • Storing of your personal data

We keep personal data for as long as necessary with regard to the purposes described in Clause 3 of this Policy or for any other purposes that may be communicated to you.

In general, your personal data is stored on our own servers in Kenya and on the secure servers of our data service providers, located in Germany. BAKI does not guarantee the availability of the servers to third parties.

  • Sharing and transfers of personal data

Your personal data will be shared internally within BAKI for the purposes of delivering the services required.

For the purposes described in Clause 3 of this Notice, BAKI may need to share your personal data externally with certain recipients, as well as with third parties processing your data on behalf of BAKI. This means that the personal data may be transferred outside of Kenya, including (please insert countries – if any).  

Clause 8 on Technical and Organizational Measures provides you with further information as to what steps we take to ensure that your transferred data is properly secured.

Personal data may also be shared with and transferred to other third data processors. For such transfers of personal data, BAKI has implemented suitable safeguards to protect your personal data including but not limited to implementation of third party data transfer agreements.

  • Technical and Organizational measures

BAKI takes your privacy seriously and has therefore put in place processes, policies, security controls, tools and other adequate technical and operational measures to protect your personal data from accidental or unlawful destruction, damage, alteration, unauthorised disclosure or access, as well as all other forms of unlawful processing.

Where BAKI engages third parties to process personal data on its behalf, such parties do so on the basis of written instructions, are under a duty of confidentiality and are obliged to implement appropriate technical and organizational measures to ensure the security of the data.

In addition, BAKI has put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

  • Cookies

We may store information (using “cookies”) on your device when you visit our website. This enables us to recognize you during subsequent visits. The type of information gathered includes your device’s internet Protocol (IP) address, the date and time of your visit and which pages you have browsed. This information is not considered personal data.

We may also use this data in aggregate form to develop customised services – tailored to your individual interests and needs. Should you choose to do so, it is possible (depending on the browser you are using), to be prompted before accepting any cookies, or to prevent your browser from accepting any cookies at all. This will however cause certain features of the website not to be accessible. 

  • The Use of Hyperlinks

Our Platform may provide hyperlinks to other locations or websites on the internet. These hyperlinks lead to websites published or operated by third parties who are not affiliated with or in any way related to us and have been included in our website to enhance your user experience and are presented for information purposes only.

We do not endorse, recommend, approve or guarantee any third-party products and services by providing hyperlinks to an external website or webpage and do not have any cooperation with such third parties unless otherwise disclosed.

By clicking on a hyperlink, you will leave BaKi’s webpage – after which, you shall be subject to the terms of use, privacy and cookies policies of other websites that you choose to visit.

  • Camera Surveillance

We collect information in the form of camera footage via our CCTV-systems when you visit BaKi’s offices, stores and studios to ensure the safety and security of BaKi’s staff, customers and property – i.e., products and equipment. We retain these CCTV images for 12 months after which they are deleted, unless we need to retain images for further investigation or law enforcement purposes.

  • How to contact us

If you would like to contact us with regards to this Policy, you can email us on [email protected] or submit a request via BAKI’s digital platforms.

  • Right to lodge a Complaint

You have the right to lodge a complaint with the Office of the Data Protection Commissioner (ODPC), the supervisory authority tasked with the protection of personal data within the Republic of Kenya.

  • Amendments to this Policy

BAKI reserves the right to amend or modify this Policy at any time. In the event BAKI amends this Policy, BAKI will provide appropriate notice to you and avail an updated copy of the Policy

Updated September 2023.