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  • HAPPIEST BABY, INC.
    PRIVACY POLICY
    Updated April 1, 2017

    Happiest Baby, Inc. (“HBI”, “us”, “we”, “our”) provides this “Privacy Policy” to inform our users of our policies and procedures regarding the collection, use and disclosure of the personal information that we receive when they visit and use the www.happiestbaby.com site and any websites owned and/or operated by HBI (“Site” or collectively, the “Sites”), and when they use any of HBI’s products, software or services (including Products, Services or Apps as defined in our Terms of Service). For ease of reading in this Privacy Policy, such websites, products, software and services (including the Sites, Products, Services and Apps) are referred to collectively as the “HBI Services”. This Privacy Policy applies only to information that you provide to us when you use the HBI Services.

    Your use of HBI Services indicates your agreement to this Privacy Policy. If you do not agree to any part of this Privacy Policy, then you must stop accessing the HBI Services.

    1. CHANGES TO PRIVACY POLICY 
    This Privacy Policy may be updated from time to time to reflect changes to our information practices. If we make any material changes to the Privacy Policy, we will notify you by email or via the HIB Services or other messaging systems, or by means of posting an updated version of this Privacy Policy on the Site. We encourage you to periodically review this page for the latest information on our privacy practices. Any modifications to this Privacy Policy will be effective upon our posting of the new terms and/or upon implementation of the new changes on the HBI Service. In all of the above cases, your continued use of HBI Services after any notice or posted modified Privacy Policy indicates acceptance of these changes.

    2. COLLECTION OF PERSONALLY IDENTIFYING INFORMATION

    A. Personally Identifying Information (PII)

    In the course of using HBI Services, you may provide and we may request and/or collect certain personally identifying information that can be used to contact or identify you, administer your account and to provide the Services (“Personally Identifying Information” or “PII”). PII may include, but is not limited to, your name, photographs, phone number(s), credit card or other billing information, device information, email addresses, and postal addresses. You may at any time refuse to provide the PII that we request; however, this may limit our ability to provide the HBI Services to you.

    B. Payment Information

    If you pre-order or purchase products via HBI Services, we may request that you provide your name, email address, billing and shipping address, credit card information and any other information necessary to complete the transaction. Credit card information is handled in accordance with payment card industry standards (including standards regarding use of industry standard encryption technology).

    C. HBI Account Setup

    In order to use certain HBI Services, you may be required to download a mobile smartphone application through a third-party app platform, and set up an account with HBI. During this process, you may be asked for certain information necessary to establish and use your account, including your name, telephone number, physical and email addresses, and profile photo.

    3. HOW WE USE PERSONALLY IDENTIFYING INFORMATION
    PII is used for the following purposes: (i) to provide, administer, and improve HBI Services, (ii) to better understand your needs and interests, (iii) to fulfill requests you may make, (iv) to personalize your experience, (v) to provide you with HBI Services announcements, (vi) to provide you with further information and offers from HBI or third parties; (vii) to administer rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored or managed by HBI or our business partners; and (viii) to comply with our legal obligations, resolve disputes with users, enforce our agreements and to protect, investigate and deter against fraudulent, harmful, unauthorized, or illegal activity.

    4. COOKIES AND BEACONS

    A. How We and Our Partners Use Cookies

    Like many service providers, we collect certain information through the use of “cookies,” which are small text files that are saved by your browser or device when you access our HBI Services. We (and our third-party analytics providers, such as Google Analytics) may use both session cookies and persistent cookies to identify that you have logged into the HBI Services, and to tell us how and when you interact with HBI Services. We may use cookies to store your preferences and other information on your computer in order to save you time by eliminating the need to enter the same information repeatedly. We may also use cookies to monitor aggregate usage and web traffic routing on our Services and to customize and improve HBI Services.

    Unlike persistent cookies, session cookies are deleted when you log off from HBI Services and close your browser. Although most browsers automatically accept cookies, you can change your browser options to stop automatically accepting cookies or to prompt you before accepting cookies. The Help portion of your web browser, most likely found on the toolbar, typically tells you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Please note, however, that if you choose not to accept cookies, you may not be able to access all portions and/or features of HBI Services.

    B.How We and Our Partners May Use Web Beacons, Pixel Tags, and Tracking Technology

    We may and/or our third-party providers may employ software technology called web beacons (e.g., web tags or pixel tags/clear gifs) that help us better manage HBI Services content by informing us what content is effective and how it is used. These beacons or other tracking technology may be included in or associated with our Sites, in our e-mails or other communications that you receive from us and/or our partners, in our advertisements on other websites, or in our advertisements in others’ email messages. Similarly, third parties whose content or advertisements appear on our Site, or whose email messages HBI sends to our users, may also place web beacons in their advertisements or email messages. We and/or our third-party providers do so for purposes of measuring the effectiveness of the content, advertisements, and/or email messages, and in order to help us track your response and interests in order to deliver you relevant content and services. We may tie information gathered by web beacons or other tracking technology to PII.

    5. BEHAVIORAL TARGETING / RE-TARGETING
    We may partner with third-party advertising networks to either display advertising on HBI Services or to manage our advertising on other websites. We may and/or our advertising network partners may use cookies and Web beacons to collect non-personally identifiable information about your activities on our Sites and other websites to provide you targeted advertising based upon your interests. If you wish to not have this information used for the purpose of serving you targeted ads, you may opt-out by emailing us at customercare@happiestbaby.com. Please note this does not opt you out of being served advertising. You will continue to receive generic ads. HBI does not collect Personally Identifying Information about an individual user’s online activities over time across third party web sites. Our Sites do not respond to your browser’s Do Not Track indicator.

    6. INFORMATION RELATED TO THE USE OF THE SERVICES
    Our servers automatically record certain information about how a person uses HBI Services (we refer to this information as “Log Data”), including both account holders and non-account holders. Log Data may include information such as a user’s Internet Protocol (IP) address, location, device and browser type, operating system, the pages or features of HBI Services to which a user browsed and the time spent on those pages or features, frequency with which HBI Services are used by a user, search terms, the features and links on HBI Services that a user clicked on or used, and other statistics. We use this information to administer HBI Services, and we analyze (and may engage third parties to analyze) this information to improve and enhance HBI Services by expanding their features and functionality and tailoring them to our users’ needs and preferences. 

    7. SERVICE DATA 
    We may record information relating to the setup, general performance, and operation of HBI Services, including Product status, data that the Product’s sensors record, and your (and your Authorized User’s) Product and App usage. We may store this data along with your PII and other information about your use of HBI Services. We use this information to allow you (and us) to operate and monitor your Product and HBI Services. We may use third-party analytics providers, including Google Analytics, in connection with collecting and analyzing information about usage of HBI Services.

    8. MOBILE DATA
    When you use certain features of HBI Services, in particular our Apps, we may receive, store and process different types of information about your location, including general information (e.g., IP address, zip code) and more specific GPS location information that is provided to us by your mobile device. 

    9. AUTHORIZED USER ACCESS
    As part of our Services, you may grant others (“Authorized Users”, as defined in our Terms of Service) permission to access your Product (for example, to control and monitor your Snoo). You must be careful of the Authorized Users that you invite and the access that you give them. You are responsible for all uses of your account, including those by Authorized Users. Additionally, certain portions of your PII, Product and HBI Services information may be shared with the people that you invite, such as your name, and certain data about the Product. We may also collect PII (as required to use HBI Services as set forth in this Privacy Policy) about the Authorized Users that you invite in order to allow them to have access to your Product and HBI Service. All such information (including their HBI Services usage information) is subject to, and will be used and disclosed as set forth in, this Privacy Policy. All Authorized Users expressly consent to such use and disclosure as a user of HBI Services. If you are a guest and do not consent to such use, you should stop using the HBI Services. Authorized Users should be aware that the person(s) providing access to a specific device may be able to see information about the Authorized User’s usage of the Product and/or HBI Services and may revoke or limit access rights in their discretion without notice. Authorized Users should also be aware that their PII and usage information may be shared with third-party service providers as set forth in this Privacy Policy (see Section 15 below). In connection with the Authorized User setup process, we may ask for access to your contact list. We will only store information for contacts that you add as Authorized Users. We will only access and store such information with your express consent. 

    10. CONTACT WITH HBI
    If you send us a request (for example via a support email or via one of our feedback mechanisms), we may use your information to contact you and provide support or a response. We also reserve the right to publish your request in order to help us clarify or respond to your request or to help us support other users.

    11. TESTIMONIALS AND REVIEWS
    We may display personal testimonials and reviews provided by customers on our Sites in addition to other endorsements. Any testimonial content you provide will become the property of HBI, and we may post your submissions along with your name without your prior consent. If you wish to update or delete your submission, you can contact us at customercare@happiestbaby.com. If you provide us with comments or feedback we may collect your name and e-mail address, as well as any other content included in the e-mail to send you a reply and improve our Services.

    12. SOCIAL MEDIA WIDGETS
    Our Sites and Services may include social media features, such as the Facebook “Like” button, Twitter “Follow” button, and widgets, such as the “Share This” button. These features may collect your PII information such as your IP address and/or which page you are visiting on our Sites, may track your use of HBI Services, and may set a cookie to enable the feature to function properly. These social media features are either hosted by a third party or hosted directly on our Sites. Your interactions with these features are governed by the Privacy Policy of the company providing such functionality.

    13. MAILING LIST AND CONTACT INFORMATION
    If you submit your email address or other contact information via HBI Services we may use this information to send you news about HBI-related services, products or promotions. We may use one or more service providers to administer these messages, but we do not share your email address with spammers or any other third parties without your permission. We will give you the ability to opt out of marketing-related e-mails by logging in and changing your account settings or by clicking on a link in each such e-mail. In some of our communications, we use tracking means, such as a “click-through URL” linked to content on the Site. We track this data to help us measure the effectiveness of our customer communications.

    14. AGGREGATE AND NON-PII INFORMATION
    HBI may collect and analyze non-PII information about the performance of HBI Services. From time to time, HBI may disclose and use aggregate and non-personally-identifying information for industry analysis, demographic profiling, marketing and advertising, and other business purposes, e.g., by reporting on trends in the usage of its devices, Sites or HBI Services.

    15. DISCLOSURE TO THIRD PARTIES
    We do not share or sell the Personal Identifying Information that you provide us with other organizations without your express consent. We do not provide Personally Identifying Information collected by HBI Services to any third party for such third party’s direct marketing purposes. Under this Privacy Policy you and your guests hereby consent to sharing under the following circumstances:

    A. Our Service Providers. We may employ third-party companies and individuals to administer and provide HBI Services on our behalf, (including, without limitation, bill and credit card payment processing, maintenance, administration, support, hosting and database management services). These third parties may have access to your PII only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

    B. Your Third-Party Services. If you access HBI Services through a third-party, or otherwise use a third-party service provider in connection with the Service, or request or authorize us to give access or data to a third-party service provider we may provide PII (about you and your guests) and other information about the HBI Services, the Products and their usage to such third-parties. You should only use trusted service providers, and give your authorization and information to trusted recipients. We encourage you to read the privacy policies and service terms of the third-party services that you use, as their privacy policies and terms govern their usage of the information that you provide them. While we make reasonable efforts to protect your information while it is under our control, we have no obligation with respect to the functionality of such third-party services or the use of such information under control of these third parties.

    C. Compliance with Laws and Law Enforcement; Protection of Rights and Safety. HBI cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will use, and disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of HBI or a third party, to enforce our legal agreements (including the Terms of Service, Terms of Use, Terms of Sale, End User License Agreement, and this Privacy Policy), to protect the safety of the public or any person, or to prevent or stop any activity we may consider to be, or to pose a risk of being, illegal, unethical, inappropriate or legally actionable.

    D. Business Transfers, Affiliates and Joint Ventures. HBI may sell, transfer or otherwise share some or all of its assets, including your PII, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy. We reserve to right to transfer your information without your consent in such a situation. We may share your personal information with our parent company, subsidiaries, joint ventures, or other companies under a common control that we may have now or in the future, in which case we will require them to honor this Privacy Policy.

    16. MINORS
    HBI takes children’s privacy seriously. Our Services are not directed to children under the age of13, and we do not knowingly collect personal information from children under 13 years of age. If you are under 13 years of age, please do not submit any personal information through our Site without the express consent and participation of a parent or guardian. If we learn that we have collected PII of a child under 13 we will take steps to delete such information from our files as soon as possible.

    17. CHANGING OR DELETING YOUR INFORMATION
    All HBI users may review, update, correct or delete the PII in their registration profile by logging into their account and changing the “user preferences” associated with their account. You agree to provide HBI with accurate profile information and to update this information as necessary.  Removing your information may limit our ability to provide HBI Services to you. If you completely delete all such information, your account will be deactivated and you may lose access to the Services and your use of the Products. You may also contact us at customercare@happiestbaby.com if you have additional questions or concerns or to request a correction to any of your PII. We’ll take steps to modify or delete your information as soon as is practical, but some information may remain in archived/backup copies for our records or as otherwise required by law.

    18. LINKS TO OTHER SITES AND SERVICES
    HBI Services may contain links to other websites or services. The fact that we link to a website or service is not an endorsement, authorization, or representation that we are affiliated with that third party. We do not exercise control over any third-party websites or services. Other websites and services follow different rules regarding the use or disclosure of the PII you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit and services that you use.

    19. DATA RETENTION
    We may retain an archived copy of your records as required by law or for legitimate business purposes. HBI will retain PII for as long as needed to provide you Services, subject to this Privacy Policy. HBI may retain and use this PII as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

    20. SECURITY
    The security of your personal information is important to us. We follow generally-accepted industry standards and take all reasonable steps to protect the PII submitted to us, both during transmission and once we receive it, including without limitation:

    (i) Using encryption when collecting or transferring sensitive information;

    (ii) Limiting physical access to our premises;

    (iii) Limiting access to the information we collect about you;

    (iv) Ensuring that we have appropriate security safeguards to keep personal information secure; and

    (v) Where required by law, destroying or de-identifying PII.

    However, no method of transmission over the Internet or method of electronic storage is 100% secure. Therefore, we cannot guarantee its absolute security. We will comply with all privacy laws and make any legally required disclosures regarding breaches of the security, confidentiality, or integrity of PII consistent with our ability to determine the scope of a breach and our obligations to law enforcement.

    21. INTERNATIONAL TRANSFER
    IMPORTANT: When you use HBI Services, your data may be sent to the United States and possibly other countries. Your information may be transferred to – and maintained on – computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide information to HBI, please be advised that we transfer PII to the United States and process it there (and possibly other countries). Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

    22. COMPLAINTS
    If you have a concern or complaint about how your personal information has been treated by us, you can contact us at customercare@happiestbaby.com or by writing to us at 1833 Centinela Avenue., Santa Monica, CA 90404. You may also be able to complain to the relevant privacy regulator in your jurisdiction.