Privacy Statement

1.                Introduction

1.1.           This Statement will apply whenever you submit Personal Information such as name, identification number, location details to BASF, which will include (but is not limited to) when you browse the BASF website and software or mobi applications (“Website”) or engage with us or any of our product and/or service offerings including instances where your Personal Information is submitted to us through or by a third party (collectively “Services”). The Statement is even expressly incorporated under our standard Terms & Conditions of Sale.

1.2.           Your continued use of our Services indicates that you have both read and agree to the collection, use and disclosure of your personal information in accordance with  the terms of this Privacy Statement.

1.3.           If you do not agree to any of the provisions of this Statement, then you should not submit any Personal Information to BASF. However, we note that if you do not agree to this Statement, or any parts thereof, we may not be able to provide you with our products and Services.

1.4.           Our Services are only intended to be used by persons aged 18 years or over.

1.5.           For purposes of this Statement:

1.5.1.                 “Applicable Laws” means all laws, regulations that BASF is required to comply with;

1.5.2.                 "Client" or “you” means any prospective, new or existing client of BASF and its subsidiaries and any website users or browsers of this or any BASF affiliate website and/or any mobi-site, software applications or similar; and

1.5.3.                 "BASF " or “we” or "us" means BASF Holdings South Africa (Pty) Ltd, BASF South Africa (Pty) Ltd, BASF Agricultural Specialities (Pty) Ltd,  BASF Coatings Services (Pty) Ltd, Chemetall (Pty) Ltd, BASF Zambia Ltd, BASF East Africa Ltd, Nunhems Ethiopia Plc, BASF Trade Representative Office (Ethiopia), BASF West Africa Ltd, BASF Operations LFTZ Enterprise, BASF Djibouti Free Trade Zone Operation (BDFTZO) FZE and their direct and indirect subsidiaries. To obtain more information on these subsidiaries please look at https://www.basf.com/za/en/who-we-are/Companies-and-Locations.html;

1.5.4.                 “Special Personal Information” shall bear the meaning specified under the Kenyan Data Protection Act, 2019 (as amended or updated from time to time) , currently being defined as “data revealing the natural person'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.”

1.6.           This Statement sets out how your personal information will be used by BASF and applies to any information, including personal and Special Personal Information, you give to BASF or which BASF may collect from third parties with your consent and/or in accordance with applicable law.

1.7.           It is important that you read this Statement carefully before submitting any personal information to BASF.

1.8.           By submitting any personal information to BASF you agree to the processing of your personal information as set out in this Statement.

1.9.           The provisions of this Statement are subject to mandatory or  unalterable provisions of Applicable Laws;

2.                How to contact us

If you have any comments or questions about this Statement please contact the Data Protection Officer:

Street Address:             BASF East Africa Ltd., The Pavillion, 6^th Floor

Lower Kabete Road, 00100 Nairobi, Kenya.

Telephone:                   +27 11 203 2000          
Email:                           AfricaInfoOfficer@basf.com 

3.                Amendment of this Statement

3.1.           We may amend this Statement from time to time for any of the following reasons:

3.1.1.                 to provide for the introduction of new systems, methods of operation, services, products, property offerings or facilities;

3.1.2.                 to comply with changes to any legal or regulatory requirement;

3.1.3.                 to ensure that our Statement is clearer and more favourable to you;

3.1.4.                 to rectify any mistake that may be discovered from time to time;

3.1.5.                 to ensure that our Statement accurately reflects our data processing activities and data processing purposes; and/or

3.1.6.                 For any other reason which BASF, in its sole discretion, may deem reasonable or necessary.

3.2.           Any such amendment will come into effect and become part of any agreement you have with BASF when notice is given to you of the change by publication on our Website. It is your responsibility to check the Website often.

4.                Privacy and indemnity

4.1.           BASF takes your privacy and the protection of your personal information very seriously, and we will only use your personal information in accordance with this Statement and applicable data protection legislation. It is important that you take all necessary and appropriate steps to protect your personal information yourself (for example, by ensuring that all passwords and access codes are kept secure).

4.2.           We have implemented reasonable technical and operational measures to keep your personal information secure.

4.3.           To the extent legally permissible. you hereby indemnify and hold BASF harmless from any loss, damages or injury that you may incur as a result of any unintentional disclosures of your personal information to unauthorised persons or the provision of incorrect or incomplete personal information to BASF.

5.     Information which we may collect about you

5.1.           We may collect the following information about you:

5.1.1.       this information may include your name, address, contact details, date of birth, place of birth, identity/registration number, passport number, bank details, financial information and electronic information (including your internet address, domain, activity logs, unique identifiers and geo-locations);

5.1.2.                 records of correspondence or enquiries from you or anyone acting on your behalf;

5.1.3.                 details of transactions you carry out with us;

5.1.4.                 details of contracts, sales or leases you carry out with us;

5.1.5.                 sensitive or Special Personal Information (.

5.2    Where you provide us with the personal information of third parties you should take steps to inform the third party that you need to disclose their details to us, identifying us. We will process their personal information in accordance with this Statement.

6.                How we collect information

6.1.           We may be provided with and/or collect your personal information:

6.1.1.                 directly or indirectly (through an agent acting on your behalf, or an introducer, information associated with web browsing, publications or data bases), by completing an application form for our products and services or requesting further information about our products and services, whether in writing, through our website, over the telephone or any other means.

6.1.2.                 from any regulator, or other third party that may hold such information.

7             Use of information collected

7.1.           We may use, transfer and disclose your personal information as permitted by the Applicable Law including for the purposes of:

7.1.1.                 providing you with the Services and notifying you about important changes to these Services and to improve or evaluate the effectiveness of BASF’ s business, products, services or offerings;

7.1.2.                 managing your account or relationship and complying with your instructions or requests;

7.1.3.                 detecting and preventing fraud and money laundering and/or in the interest of security and crime prevention;

7.1.4.                 assessing and dealing with complaints and requests;

7.1.5.                 operational, , auditing, legal and record keeping requirements

7.1.6.                 sending marketing communications or newsletters to the extent that you have provided our explicit consent;

7.1.7.                 verifying your identity or the identity of your beneficial owner;

7.1.8.                 transferring or processing your personal information outside of the country in accordance with Applicable Law , including for cloud storage purposes and the use of any of our websites (Please see paragraph 14);

7.1.9.                 complying with Applicable Laws, including lawful requests for information received from local or foreign law enforcement, government and tax collection agencies;

7.1.10.              recording and/or monitoring your telephone calls and electronic communications to/with BASF in order to accurately carry out your instructions and requests,

7.1.11.              recording and/or monitoring your telephone calls and electronic communications to/with BASF to use as evidence and in the interests of crime prevention;

7.1.12.              where you have unsubscribed from certain direct marketing communications, ensuring that we do not send such direct marketing to you again;

7.1.13.              disclosing your personal information to third parties for reasons set out in this Statement or where it is not unlawful to do so this may include but is not limited sharing information with credit bureaus and prospective buyers or sellers or our business or assets)

7.1.14.              monitoring, keeping record of and having access to all forms of correspondence or communications received by or sent from BASF or any of its employees, agents or contractors, including monitoring, recording and using as evidence all telephone communications between you and BASF;

7.2.       We may from time to time (and at any time), with your explicit consent, contact you for market research and about, services, products and offerings, available from BASF or our specific subsidiaries or affiliates, which we believe may be of interest to you, by email, phone, text or other electronic means, unless you have unsubscribed from receiving such communications. You can unsubscribe from receiving such communications at any time by emailing the Data Protection Officer at: AfricaInfoOfficer@basf.com.                                  

8.                Disclosure of your information

8.1.           Your personal information may be shared with BASF’s affiliates, subsidiaries, employees, our agents and sub-contractors, and selected third parties who process the information on our behalf. Where BASF shares your personal information with third parties, it will have in place proper contractual measures in compliance with the Applicable Laws.

8.2.           We may also disclose your personal information to third parties for those reasons recorded in clause 7 or as expressly disclosed to you or permitted in relation to the specific circumstances or Services provide..

8.3.           If you do not wish us to disclose this information to third parties, please contact us at the contact details set out above. We may, however, not be able to provide products or services to you if such disclosure is necessary.

10.                Access to, correction deletion, restriction and objection to processing of your personal information

10.1.           Subject to all applicable law and restrictions, you may request details of personal information which we hold about you.

10.2.           These requests will be subject to any applicable local laws and legally prescribed timelines.  Confirmation of whether or not we hold personal information about you may be requested free of charge.

10.3.           Please contact the Data Protection Officer for further details on how to make a request [or complete the form located on the top right side of this page.

10.4.           You may request the correction of personal information BASF holds about you. Please ensure that the information we hold about you is complete, accurate and up to date. If you fail to keep your information updated, or if your information is incorrect, BASF may limit the products and services offered to you or elect not to open the account.

10.5.           You have a right in certain circumstances to request the destruction or deletion of and, where applicable, to obtain restriction on the processing of personal information held about you. If you wish to exercise these rights, please contact us using the contact details set out above.

10.6.           You have a right to object on reasonable grounds to the processing of your personal information where the processing is carried out in order to protect our legitimate interests or your legitimate interests, unless the law provides for such processing.

11.                Complaints

11.1.           Should you believe that BASF has utilised your personal information contrary to Applicable Laws, you undertake to first attempt to resolve any concerns with BASF.

11.2.           If you are not satisfied with such process, you may have the right to lodge a complaint with The Office of The Data Protection Commissioner using the contact details listed below:

11.2.1.                 Tel: 0796954269 / 0703042000 / 0778048164

11.2.2.                 Email:.  info@odpc.go.ke