Privacy.

Information on the processing of personal data pursuant to Article 13 of the European Regulation n.679 / 2016 concerning the protection of individuals with regard to the processing of personal data (GDPR)

Data Privacy statement

Bata Shoe Kenya Plc understands that your privacy is important to you and that you care about how your personal data is used. We respect and value the privacy of everyone who visits our websites, www.bata.com, (“Our Sites”) and subdomains of these website, and will only collect and use personal data in ways that are described here, and in a way that is consistent with our obligations and your rights under the law.

This Privacy Policy applies where we are acting as a data controller with respect to the personal data of Our Sites visitors and service users; in other words, where we determine the purposes and means of the processing of that personal data. This Privacy Policy applies only to your use of Our Sites. Our Sites may contain links to other websites. Please note that we have no control over how your data is collected, stored, or used by other websites and we advise you to check the privacy policies of any such websites before providing any data to them.

Please read this Privacy Policy carefully and ensure that you understand it.

Who we are (the data controller)

Guest user

Our Sites are owned and operated by Bata Shoe Kenya Plc.

Our legal details: Bata Shoe Kenya Plc, with company number C. 3/75 and registered office at L.R 13074, Limuru Sub County, Kiambu County.

What is Personal Data

Personal data is defined by the Data Protection Act (No. 24 of 2019) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’.

Personal data is, in simpler terms, any information about you that enables you to be identified. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.

Where and how we collect data

We would like to inform you of (i) the general categories of personal data that we may process, (ii) the purposes for which we may process personal data, and (iii) the legal bases of the processing.

We may process:

  • Data about your use of Our Sites (“usage data“). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is Google analytics and our Customer reward loyalty system. This usage data may be processed for the purposes of analyzing the use of the website and services. The legal basis for this processing is our legitimate interests, namely monitoring and improving Our Sites.

  • Your account data (“account data“). The account data may include your name, email address and IP address. The source of the account data is you or your employer. The account data may be processed for the purposes of operating our website, providing our services, ensuring the security of Our Sites, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is the performance of a contract between you (or your employer) and us and/or taking steps, at your request, to enter into such a contract.

  • Your social media profile picture or your email gravatar (“profile data“) to make your experience more personal. The profile data will be collected from the email or social media account you sign up with and will solely be used to display on your personal account. The profile data may be processed for the purposes of operating our website, providing our services, ensuring the security of Our Sites, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is the performance of a contract between you (or your employer) and us and/or taking steps, at your request, to enter into such a contract.

  • Information contained in any enquiry you submit to us regarding goods and/or services (“enquiry data“). The enquiry data may be processed for the purposes of offering, marketing and selling relevant goods and/or services to you. The legal basis for this processing is legitimate interests, namely offering services to relevant potential customers.

  • Information relating to our customer relationships, including customer contact information (“customer relationship data“). The customer relationship data may include your name, your employer, your IP address, your job title or role, your contact details, and information contained in communications between us and you or your employer. The customer relationship data may be processed for the purposes of managing our relationships with customers, communicating with customers, keeping records of those communications and promoting our products and services to customers. The legal basis for this processing is the performance of a contract between you (or your employer) and us and/or taking steps, at your request, to enter into such a contract.

  • Information relating to transactions, (“transaction data“). The transaction data may include your contact details, your m-pesa details, your debit or credit card details and the transaction details. The transaction data may be processed for the purpose of supplying a purchase made and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests, namely the proper administration of Our Sites and business.

  • Information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters (“notification data“). The notification data may be processed for the purposes of sending you the relevant notifications and/or newsletters. The legal basis for this processing is consent.

  • Information contained in or relating to any communication that you send to us (“correspondence data“). The correspondence data may include the communication content and metadata associated with the communication. Our Sites will generate the metadata associated with communications made using the website contact forms. The correspondence data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and communications with users.

  • Your personal data identified in this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice and the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks and the protection and assertion of our legal rights, your legal rights and the legal rights of others.

In addition to the specific purposes for which we may process your personal data set out in this section, we may also process your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

Please do not supply any other person’s personal data to us, unless we prompt you to do so.

Please note that Our Sites and services are targeted at persons over the age of 18. If we have reason to believe that we hold personal data of a person under that age in our databases, we will delete that personal data.

What we do with your data

If you’ve consented to receiving updates and promotions from us, we’ll send you a regular newsletter with free content and might email or text you once in a while with some Bata promotions. These emails can sometimes be automated and customized based on your web behavior, your previous purchases and interests.

If you happen to be part of the target audience for our premium services we might also send you an email or give you a call about this.

We may also use and analyze your information for the following purposes:

Processing products and services that you have bought from Bata or from third parties on our ecommerce platforms;

  • Billing you for using our or third-party products or services or taking the appropriate amount of credit from you;

  • Responding to any of your queries or concerns;

  • Verifying your identity information through publicly available databases in order to comply with applicable regulatory requirements;

  • Keeping you informed generally about new products and services and contacting you with offers or promotions based on how you use our platforms or third-party products and services unless you opt out of receiving such marketing messages;

  • To comply with any legal, governmental or regulatory requirement;

  • In business practices including to improve the services offered to you;

  • To understand how you use our network, products and services for purposes of developing or improving products and services;

  • For research, statistical, survey and other scientific or business purposes;

  • Administer any of our online platforms/websites.

We will process your personal information based on any of the lawful basis provided for under the Data Protection Law.

Retention of Information

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, the need to comply with our internal policy and the applicable legal, marketing, regulatory, tax, accounting or other requirements.

Selling your data to third party organizations

We will never sell any of your data to third party organizations. Your data will solely be used for the purposes of fulfilling Bata services.

Selling your data to third party organizations

We will never sell any of your data to third party organizations. Your data will solely be used for the purposes of fulfilling Bata services.

Selling your data to third party organizations

We will never sell any of your data to third party organizations. Your data will solely be used for the purposes of fulfilling Bata services.

How long and where we store your data

We will not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected. Your personal data will therefore be kept for the following periods:

  • Up to three years after your last activity on our website or interaction with one of our emails.

In some cases it is not possible for us to specify in advance the periods for which your personal data will be retained. In such cases, we will determine the period of retention based on whether you qualify as a potential user of our services.

Notwithstanding the other provisions in this section, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

We may store or transfer some or all of your personal data in other countries. This means that we will take additional steps in order to ensure that your personal data is treated just as safely and securely.

We share your data with external third parties, as detailed below the section ‘Do You Share my Personal Data’, that are based outside of Kenya. The following safeguards are applied to such transfers:

We use specific contracts with external third parties that ensure the same levels of personal data protection that would apply under the Kenya Data Protection Act Where we transfer your data to a third party, we require that the third party provide data protection to standards similar to those in Kenya.

Do you share my Personal Data?

We may sometimes contract with the following third parties to supply certain products and/or services These may include payment processing, delivery, sales, marketing (including sending text messages, emails and or newsletters) and website analytics. In some cases, those third parties may require access to some or all of your personal data that we hold.

Note Below: e.g.

  • Google services – based in the Kenya

  • Email marketing – Bata email accounts hosted by Microsoft

  • Customer reward system – POSworx based in South Africa

  • Web Services: hosting – based in the Frankfurt (Digital ocean)

  • Payment processing – based in the Kenya (Safaricom)

  • Email marketing – based in Kenya

  • SMS marketing – based in the Kenya

  • Payment Express: payment processing – based in Kenya (Safaricom, but am not sure who processes the orders in bata and i doubt if they have access to the data or not)

If any of your personal data is required by a third party, as described above, we will take steps to ensure that your personal data is handled safely, securely, and in accordance with your rights, our obligations, and the third party’s obligations under the law, as described above in section ‘How long and where we store your data’.

If any personal data is transferred outside Kenya, we will take suitable steps in order to ensure that your personal data is treated just as safely and securely, as explained above in section ‘How long and where we store your data’.

In addition to the above, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

Your rights

Under the Data Protection Act & Regulations, you have the following rights, which we will always work to uphold:

  • The right to be informed about our collection and use of your personal data. This Privacy Policy should tell you everything you need to know, but you can always contact us to find out more or to ask any questions

  • The right to access the personal data we hold about you. The way you can do this is set out in the heading ‘How Can I Access My Personal Data?’.

  • The right to have your personal data rectified if any of your personal data held by us is inaccurate or incomplete. Please contact us to find out more.

  • The right to restrict (i.e. prevent) the processing of your personal data.

  • The right to object to us using your personal data for a particular purpose or purposes.

  • Right to request transfer of your personal data in [an electronic format].

If you have any cause for complaint about our use of your personal data, please advise us on bata.kenya@bata.com

How Can I Access My Personal Data

If you want to know what personal data we have about you, you can ask us for details of that personal data and for a copy of it (where any such personal data is held). This is known as a “subject access request”.

All subject access requests should be made in writing and sent via email to bata.kenya@bata.com.

We will respond to your subject access request within one month of receiving it. Normally, we aim to provide a complete response, including a copy of your personal data within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three months from the date we receive your request. You will be kept fully informed of our progress.

How Can I Control My Personal Data

In addition to your rights under the Data Protection Act, in the section ‘Your Rights’, when you submit personal data via Our Sites, you may be given options to restrict our use of your personal data. In particular, we aim to give you strong controls on our use of your data for direct marketing purposes (including the ability to opt-out of receiving emails from us which you may do by unsubscribing using the links provided in our emails. (Marketing email Email service and https://batakenya.com/customer/profile)

Can I withhold information?

You may access Our Sites without providing any personal data at all. However, to use all features and functions available on Our Sites you may be required to submit or allow for the collection of certain data.

You may restrict our use of Cookies. For more information, see the section on ‘The use of Cookies’.

The use of Cookies and clear GIFs?

Our Sites use both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Websites may not function properly if the ability to accept cookies is disabled.

In addition, Our Sites uses analytics services provided by Google Analytics, which also use Cookies. Website analytics refers to a set of tools used to collect and analyze usage statistics, enabling us to better understand how people use Our Sites.

Here’s an overview of the cookies we use:

Cookies Type Expiry
bata_kenya_plc_session Session 24Hrs
Persistent Session
Facebook Persistent 1 week
XSRF-TOKEN Session Session
Rating consent status Persistent 1 week
Google Session and Persistent 1 week
onesignal Persistent 1 week

How to Contact Us

If you would like to contact us on any topics in this privacy policy, you can contact us via bata.kenya@bata.com. Our data protection officer’s name is Mr. Dominic Wendot and can be contacted via bata.kenya@bata.com or via a letter which can be sent to the above address.

Right to Lodge Complaint

You have the right to lodge a complaint with the relevant supervisory authority that is tasked with personal data protection within the Republic of Kenya

Non-Compliance with this Statement

Bata shall have the right to terminate any agreement with you for failure to comply with the provisions of this statement and reject any application for information contrary to this statement.

Changes to this Privacy Policy

We may change this Privacy Notice from time to time. This may be necessary, for example, if the law changes, or if we change our business in a way that affects personal data protection.

Any changes will be immediately posted on Our Sites. We recommend that you check this page regularly to keep up-to-date.

Last Updated: 1st July, 2022