Baby List, Inc.

Effective Date: January 26, 2017

PRIVACY POLICY

This Privacy Policy explains what information will be collected by Baby List, Inc. (“Babylist,” “we,” “us,” or “our”) when you access our Website, software, mobile applications, products or related services (collectively, the “Service”) and how the information will be used. We will not use or share your information with anyone except as described in this Privacy Policy. Each time you use our Service you are accepting the practices described in this Privacy Policy at that time.

Definitions

This Privacy Policy uses certain capitalized terms that have particular meanings. Sometimes, those terms are defined when they are first used. In addition, and for ease of reference, the following terms are defined in this section:

  • App” means any Babylist software application, including, but not limited to, the Babylist Android and/or iPad and/or iPhone software application.
  • Browsing Information” means information about your use of the Service, or your computer’s (or other access device, such as an iPad or smartphone) interaction with the Service. Browsing Information also includes certain of the information described in the “Information Collected Automatically” section below. This information is linked to a device identifier, such as the Internet Protocol (IP) address of your computer or device. The App transmits information to us that we use to provide our services, assist you in troubleshooting, and improve our products, services, Website and App. In general, Babylist does not use Browsing Information to identify you, but such information may be paired with Personal Information, or with other information that together, could be used to identify you. Additionally, third parties, such as analytics companies and advertising service providers may access, collect, store, and use Browsing Information, and they may use it to identify you.
  • Personal Information” means information that directly identifies you, or that can directly identify you, such as your shipping and/or billing address, e-mail address, phone number, credit card information and/or your baby’s name and/or expected birth date.

  • Website” means any websites, web pages, and any subpages (including mobile websites, web pages and subpages) under Babylist’s control, whether partial or otherwise. This includes but is not limited to babylist.com, any subpages, and the website from which these terms of use were accessed from.

INFORMATION WE COLLECT

Personal Information We Affirmatively Collect From You

We may collect Personal Information about you, such as your first and last name, phone number, email address, physical address or credit card information, through our Service when (i) you register for an account on our Website or App, (ii) you sign up for our newsletter, (iii) you order from our Website or App, (iv) you give or receive a cash gift through our cash registry service or (v) you include Personal Information in User Content (as defined below). Other information you may affirmatively provide to us is generally maintained along with Personal Information. You can choose not to provide any information that is requested of you by us. However, this may limit your ability to use the Service.

Additionally, if a friend refers you to us by providing us with your e-mail address, we may send you a message. However, we use your e-mail address only to send the friend’s message unless you otherwise affirmatively provide information to us. When you sign up for e-mails or register an account, we may ask you for your birthdate to make sure you are 18 or older and may use a technical measure, such as a cookie, to restrict your ability to change your age.

In addition to collecting information on the Service, we may collect information from you when you communicate with us over the phone, including via text messages, or via e-mail. This information may include Personal Information. This information may be matched with, and stored in connection with Personal Information provided or collected in connection with the Service.

We also may now or in the future receive Personal Information about you from third parties. For example, if you access our Website or Service through a third-party connection or log-in, including social networking services such as Facebook where you have a registered account, that third party may pass certain information about your use of its service to Babylist. This information could include, but is not limited to, the user ID associated with your account, an access token necessary to access that service, any information that you have permitted the third party to share with us, and any information you have made public in connection with that service. You should always review, and if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to the Babylist Service.

Information Collected Automatically

Log file information is automatically reported by your browser each time you access a web page on our Service. When you access the Service, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your Internet Protocol address, web request, browser type, referring / exit pages and URLs, number of clicks, domain names, landing pages, pages viewed, and other similar information.

We may use certain third party services including, but not limited to, Google Analytics, to help us and our affiliates understand your use of the Service. These services collect information about your use of and the performance of the App and/or the Website and also collect information sent by your browser as part of a web page request, including cookies and your IP address, and their use of this information is governed by their privacy policies.

In general, we will store tracking information in an anonymous aggregated form, however, we or our third party tracking partners may store certain information, such as page views, in a manner that can be associated to specific devices.

We use persistent cookies and session cookies. A persistent cookie remains on your hard drive after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the Service. Persistent cookies can be removed by following your web browser’s directions, but such removal may affect your use of or access to certain portion of the Service. 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. If you refuse cookies you may not be able to experience all the features of our Website. We and our service providers may also use "pixel tags," "web beacons," "clear GIFs," or similar means in connection with the Service and HTML-formatted email messages to, among other things, track the actions of Users and email recipients, to determine the success of marketing campaigns, to compile aggregate statistics about Website usage and response rates, and to serve online advertisements, whether via the Service or via another website. We may also engage one or more third party service providers to serve targeted online advertisements via Facebook. They may use a “pixel tag” to collect anonymous information about your visits to the Website and to other websites, and they may use that information to target advertisements for goods and services whether via the Website or other websites. This information is collected in a manner that may personally identify you.

HOW WE USE YOUR INFORMATION

We use or may use Personal Information and Browsing Information for a variety of purposes, including:

  • To operate the Service, monitor the effectiveness of the Service, to improve the content of the Service, and layout and design.
  • To help provide you with a smooth, efficient user experience.
  • For billing, identification and authentication, and fraud prevention.
  • To respond to any inquiries or requests received from you.
  • To monitor, analyze and describe usage patterns and performance of the Service, including aggregate metrics such as total number of visitors, traffic, and demographic patterns.
  • To contact you and deliver administrative notices and communications relevant to your use of the Service, such as security or support and maintenance advisories.
  • To conduct system administration and system troubleshooting and to diagnose or fix technology problems.
  • To comply with legal requirements and process (for example, in response to subpoenas, court orders, and law enforcement or governmental requests or investigations), to protect our legal rights or the rights of others (for example, by working to reduce the risk of fraud or misuse of the Service).
  • To enforce our Terms of Use or other policies or agreements.
  • To send promotional communications and/or newsletters to you and for other marketing purposes of Babylist or its affiliates or partners.
  • In connection with an unusual business transaction, such as the bankruptcy or liquidation of, sale of, purchase of, or merger with our business or another business.
  • For distribution to third-party service providers that provide services to Babylist and partners of Babylist.
  • To communicate via SMS messaging if you opt in to receive these communications.
  • As otherwise set forth in this Privacy Policy.

HOW WE SHARE YOUR INFORMATION

Personal Information: Babylist will not rent or sell your Personal Information to others except with your consent. To operate the Service, however, we may share your Personal Information with our agents, representatives and contractors so they can provide us with support services and other features and fulfill your orders. We require these third parties not to use your Personal Information for any other purpose.We may store Personal Information in locations outside the direct control of Babylist (for instance, on servers or databases co-located with hosting providers).

Browsing Information: We may share, rent or sell non-personally identifiable information (such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with interested third parties to help them understand the usage patterns for our Service. Non-personally identifiable information may be stored indefinitely.

Instances where we are required to share your information: Babylist will disclose your information where required to do so by law or subpoena or if we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of law enforcement; (b) to enforce our Terms of Use or to protect the security or integrity of our Service and our property (including our intellectual property); and/or (c) to exercise or protect the rights, property, or personal safety of Babylist, our users or others.

What happens in the event of a change of control: We may buy or sell/divest/transfer our company (including any shares in our company), or any combination of our products, services, assets and/or businesses at any time. All information, whether Personal Information or Browsing Information, related to the Service may be sold or otherwise transferred in connection with any such transaction(s). We may also sell, assign or otherwise transfer such information in the course of corporate divestitures, mergers, acquisitions, bankruptcies, dissolutions, reorganizations, liquidations, similar transactions or proceedings involving all or a portion of the company. Any transferees who receive your information in connection with a change of control must abide by the terms of this Privacy Policy.

Employee Data: Babylist also collects and uses personal data regarding its employees (“Employee Data”), which may include: name, address, job title and other job information, location, compensation information, identification number, employment history, and a copy of employment agreements.

Only authorized Babylist staff have access to your Personal Information in its entirety. Other staff may have access to portions of this information if it pertains to their job duties.

YOUR CHOICES ABOUT RECEIVING MARKETING MESSAGES

Babylist offers you the choice of receiving different types of communication and information related to our company, products and services. You may subscribe to e-newsletters or other publications or you may also elect to receive marketing communications and other special offers from us via email or SMS messaging. To help us understand whether we are providing information of interest to you, we may include software code or other tracking technologies in our emails to monitor whether you opened a particular email or SMS message, whether you have clicked on the images and/or links in the email, the date and time the email or SMS message was opened, and whether your computer is capable of receiving HTML-based email. We endeavor to allow you to unsubscribe at any time from our email programs by clicking on the unsubscribe link at the bottom of any email message. You may opt-out of receiving SMS messages from us at any time as described in the Terms of Use found at https://www.babylist.com/terms. You may also access and manage your preferences from your account, when available, or by contacting us directly at support@babylist.com. We do however reserve the right to send you service announcements or similar administrative messages via email, without offering you the opportunity to opt out of receiving them.

HOW WE PROTECT YOUR INFORMATION; SECURITY AND PASSWORDS

Babylist takes what it believes to be commercially reasonable physical, electronic, and procedural safeguards to protect Personal Information. However, since no security system is impenetrable and "perfect security" does not exist on the Internet, we cannot guarantee the security of Personal Information or Browsing Information.

If you create an account to use the Service, you may be asked to choose a password for your account, which can be used to access information associated with your account (including Personal Information). You should choose a password that is not easy to guess, and does not use words that you would find in a dictionary. Do not disclose your password to any other person. You are responsible for maintaining the confidentiality of your password and account, and we will attribute activities that occur using your account information (e.g., through the use of your password) to you. If you suspect that your password has been compromised contact us immediately at support@babylist.com.

COMPROMISE OF PERSONAL INFORMATION

In the event that Personal Information is compromised as a result of a breach of security, Babylist will promptly notify those persons whose Personal Information has been compromised, in accordance with the notification procedures set forth in this Privacy Policy, or as otherwise required by applicable law. In the event that we or our Service suffers a data security breach that requires us to provide you with notice, such as under applicable law, you consent to allow us to provide you with such notice by sending an e-mail to the primary e-mail address that is associated with your account.

NOTIFICATION PROCEDURES

It is our policy to provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on the Service, as determined by Babylist in its sole discretion. We reserve the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in this Privacy Policy.

HOW YOU CAN UPDATE YOUR INFORMATION

Babylist believes strongly in giving you the ability to access and update or correct your Personal Information. You may update your Personal Information by logging into your account on Babylist’s Website, when available, or by contacting us directly at support@babylist.com.

CHILDREN'S PRIVACY

Children 18 and under are not eligible to use Babylist’s Service without the participation and supervision of a legal parent or guardian. Babylist is not designed for children and does not provide privacy measures to protect children. If you believe your child has provided Babylist with personally identifiable data and you would like to have the data removed, please contact us at support@babylist.com. Babylist does not knowingly target children under 18, and makes reasonable efforts to ensure that the targeting of children under 18 does not occur. We urge parents to monitor their children’s use of all digital media.

LINKS TO OTHER WEB SITES

We are not responsible for the practices employed by websites or services linked to or from the Service, including the information or content contained therein. Please remember that when you use a link to go from the Service to another website, our Privacy Policy does not apply to third-party websites or services. Your browsing and interaction on any third-party website or service, including those that have a link or advertisement on our Website, are subject to that third party’s own rules and policies. We encourage our users to be to familiarize themselves with the privacy statements of all websites that they visit and interact with.

CALIFORNIA PRIVACY RIGHTS

Users who are California residents may request and obtain from us once a year, free of charge, certain information about the Personal Information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of Personal Information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to support@babylist.com.

DO NOT TRACK

We do not track or respond to browser “Do Not Track” Requests.

VISITORS RESIDING OUTSIDE THE UNITED STATES

Babylist and its Service are based in the U.S., and Babylist’s offices are headquartered in the U.S. Please be aware that information you provide to Babylist or that it obtains as a result of your use of the Service may be processed and transferred to the U.S. and be subject to U.S. law. The privacy and data protection laws in the U.S. may not be equivalent to such laws in your country of residence. By using the Website, participating in any of the Service, or by providing Babylist with your information, you consent to this collection, transfer, storage, and processing of information to and in the U.S. Babylist will take commercially reasonable steps to safeguard your data in accordance with this Privacy Policy, but is not responsible for the privacy and security practices of third parties. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including Personal Information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to the transfer of information to the U.S. or any other country in which Babylist or its parent, subsidiaries, affiliates or service providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy. However, such parties must abide by the terms of this Privacy Policy.

UPDATES TO OUR PRIVACY POLICY

We reserve the right to update this Privacy Policy from time to time. When we do, we will revise the "Effective Date" at the top of this Privacy Policy. We encourage you to check this page periodically for any updates. If you continue to use the Service following the posting of an updated version of this Privacy Policy, we will treat your continued use as acceptance of the updated version.

CONTACTING US

If you have any remaining questions about how we treat your privacy, just let us know. You can contact us by writing to us at support@babylist.com.