Terms and Conditions and Waiver

PRIVACY POLICY

The following privacy policy (“Privacy Policy”) sets forth Bumblebaby LLC’s (“Company”) policy with respect to information, including personally identifiable data (“Personal Data”) and other information, Company collects from visitors to the Company website located at https://www.bumblebabychicago.com/ (“Website”). Company, owner and operator of the Website, is a limited liability company formed under the laws of the state of Illinois, United States.

We respect your privacy and are committed to protecting it. The purpose of this Privacy Policy is to inform you what Personal Data we may collect and how it may be used. This statement only applies to this Website. This Privacy Policy does not apply to information of any kind that we collect by means (including offline means) or from sources other than those specified herein. If you choose to use the Website, your use is hereby deemed acceptance of Company’s practices described in this Privacy Policy.

WHAT INFORMATION DO WE COLLECT AND HOW IS IT USED?

• Information You Voluntarily Submit to the Website: The Website may collect personal information from you such as your name or email address. For example, you may voluntarily submit information to the Website by leaving a comment, subscribing to a newsletter, or submitting a contact form. Personal Data may include, but is not limited to, your name, email address and phone number.

Our legal basis for processing this information is your consent, and by voluntarily providing us with Personal Data, you are consenting to our use of it in accordance with this Privacy Policy. If you provide Personal Data to us, you acknowledge and agree that such Personal Data may be transferred and stored from your current location to the offices and servers of Company and the authorized third parties referenced below.

• Information We Collect from Others: The Website may receive information about you from other sources. For example, if you use a third-party software through the Website, they may transfer information to us for fulfillment. We do not control the data privacy or protection policies of third parties, and we are not responsible for the privacy practices of these third parties. Our legal basis for processing this information is our legitimate interests, namely monitoring and improving our services, and the legitimate interests of our customers.
• Automatically-Collected Information: The Website automatically collects certain information about you and the device with which you access the Website. For example, when you use the Website, The Website will log your IP address, operating system type, browser type, referring website, pages you viewed, and the dates/times when you accessed the Website. The Website may also collect information about actions you take when using the Website, such as links clicked.
• Cookies: The Website may log information using cookies, which are small data files stored on your browser by the Website. The Website may use both session cookies, which expire when you close your browser, and persistent cookies, which stay on your browser until deleted, to provide you with a more personalized experience on the Website.

HOW YOUR INFORMATION MAY BE USED

The Website may use the information collected in the following ways:

• To operate and maintain the Website;
• To fulfill orders or oversee contests or promotions;
• To send you promotional information, such as newsletters. Each email promotion will provide information on how to opt-out of future mailings;
• To send you administrative communications, such as administrative emails, confirmation emails, technical notices, updates on policies, or security alerts;
• To respond to your comments or inquiries;
• To provide you with user support;
• Training and quality control;
• To track and measure advertising on the Website; or,
• To protect, investigate, and deter against unauthorized or illegal activity.

THIRD-PARTY USE OF PERSONAL INFORMATION

Company may share your Personal Data with certain third parties as set forth below:

Third Party Vendors: We may share your information with third party vendors or service providers who help us provide our products or services or the Website, including database hosting and data processing services, and assist us in responding to requests by you for information that you request.

Parent Companies and Affiliates: We may share your information with a parent company, any subsidiaries, joint ventures, or other companies under a common control (collectively, “Affiliates”), provided that we require our Affiliates to honor this Privacy Policy.

Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets. We may also share Personal Data with potential buyers. Usually, information will be anonymized, but this may not always be possible. The recipient of the information will be bound by confidentiality obligations.

Related Companies: We may also share your Personal Data with our Related Companies for purposes consistent with this Privacy Policy.

Third Parties with Permission: We may share your information with third parties to whom you ask us to send your information.

Agents, Consultants, and Related Third Parties: Company, like many businesses, sometimes hires other companies to perform certain business-related functions. Examples of such functions include mailing information, maintaining databases and processing payments. When we employ another entity to perform a function of this nature, we only provide them with the information that they need to perform their specific function.

Legal Requirements: Company may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation or to respond to requests from law enforcement or other government officials relating to investigations or alleged illegal activity or in connection with our own investigation of suspected or actual illegal activity, in which case we may (and you hereby authorize us to) disclose information without subpoenas or warrants served on us, (ii) protect and defend the rights or property of Company, (iii) act in urgent circumstances to protect the personal safety of users of the Website or the public, (iv) protect against legal liability including to resolve disputes, investigate problems, or enforce our customer contracts.

The Website may share your information with third parties when you explicitly authorize us to share your information. Additionally, the Website may use third-party service providers to service various aspects of the Website. Each third-party service provider’s use of your personal information is dictated by their respective privacy policies. The Website currently uses the following third-party service providers:

• Google Analytics – this service tracks Website usage and provides information such as referring websites and user actions on the Website. Google Analytics may capture your IP address, but no other personal information is captured by Google Analytics.
• Constant Contact – this service is used for delivery of email updates and newsletters. We store your name and email address for purposes of delivering such communications.
• Square – this service is used to serve our ecommerce platform. At no time is your banking information passed to the Website. We receive only information used for order fulfillment.
• Facebook Comments Plugin – this service is used for commenting on the Website. It may track your IP address or location and utilizes cookies as part of its service. This information is not stored on the Website.

At this time, your personal information is not shared with any other third-party service providers. This list may be amended from time to time in the Website’s sole discretion.

Except when required by law, Company will not sell, distribute, or reveal your email addresses or other personal information without your consent; however, Company may disclose or transfer personal information collected through the Website to third parties who acquire all or a portion of our business, which may be the result of a merger, consolidation, or purchase of all or a portion of our assets, or in connection with any bankruptcy or reorganization proceeding brought by or against us.

ANONYMOUS DATA

From time to time, Company may use anonymous data, which does not identify you alone, or when combined with data from other parties. This type of anonymous data may be provided to other parties for marketing, advertising, or other uses. Examples of this anonymous data may include analytics or information collected from cookies.

COOKIES

The Website uses cookies to store visitors’ preferences, record user-specific information on what pages users access or visit, ensure that visitors are not repeatedly sent the same banner ads, customize content based on visitors’ browser type or other information that the visitor sends. Cookies may also be used by third-party services, such as Google Analytics, as described herein.

What are cookies?

A cookie is a small text file which is sent to your computer or mobile device (referred to in this policy as a “device”) by the web server so that a website can remember some information about your browsing activity on the Website. The Cookie will collect information relating to your use of the Website, information about your device such as the device’s IP address and browser type, demographic data and, if you arrived at the Website via a link from third party site, the URL of the linking page.

In addition to Cookies, the Website may use web beacons. Web beacons allow us to count the number of users who have visited or accessed the Website and to recognize users by accessing our cookies. We may employ web beacons to facilitate Website administration and navigation, to track the actions of users of the Website, to compile aggregate statistics about Website usage and response rates, and to provide an enhanced online experience for visitors to the Website. We may also include web beacons in HTML-formatted e-mail messages that we send to determine which e-mail messages were opened. A web beacon is often invisible because it is only 1 x 1 pixel in size with no color. A web beacon can also be known as a web bug, 1 by 1 GIF, invisible GIF and tracker GIF.

What are the different types of cookies and how do we use them?

Essential – These are Cookies which are essential for the running of the Website. Without these Cookies, parts of the Website would not function. These Cookies do not track where you have been on the internet and do not gather information about you that could be used for marketing purposes.

Examples of how we may use essential Cookies include:

• Setting unique identifiers for each unique visitor, so that website numbers can be analyzed.

Functional – These Cookies are used to remember your preferences on the Website and to provide enhanced, more personal features. The information collected by these Cookies is usually anonymized, so we cannot identify you personally. Functional Cookies do not track your internet usage or gather information which could be used for selling advertising.

Examples of how we may use functional Cookies include:

• Gathering data about visits to the Website, including numbers of visitors and visits, length of time spent on the Website, pages clicked on or where visitors have come from
• Eliminating the need for returning users to re-enter their login details.

Analytical Performance – Analytical performance Cookies are used to monitor the performance of the Website, for example, to determine the number of page views and the number of unique users our Website has. We use this information to improve user experience or identify areas of the Website which may require maintenance. The information is anonymous (i.e. it cannot be used to identify you and does not contain personal information such as your name and email address) and it is only used for statistical purposes.

Examples of how we may use analytical Cookies include:

• Measuring users’ behavior
• Analyze which pages are viewed and how long for and which links are followed to better develop the Website

Advertising – Behavioral advertising Cookies, which may be placed on your device by us or our trusted third-party service providers, remember that you have visited a website and use that information to provide you with advertising which is tailored to your interests. This is often called online behavioral advertising and is done by grouping together shared interests based upon web browsing history. Your web browsing history can be used to infer things about you (e.g. your age, gender etc.), and this information may also be used to make advertising on websites more relevant to you. Although behavioral advertising Cookies can track your activity around the internet, these Cookies cannot identify you personally.

Examples of how we may use advertising Cookies include:

• Manage online advertising. the Website may use Cookies together with web beacons to provide advertising to you and to enable us to manage our relationship with those advertisers by, for example, tracking how many unique users have seen a particular advertisement or followed a link in an advertisement.

Third Party Cookies – You may notice on some pages of the Website that Cookies have been set that are not related to us. When you visit a page with content embedded from, for example, YouTube or Facebook, these third party service providers may set their own Cookies on your device. We do not control the use of these third party Cookies and cannot access them due to the way that Cookies work, as Cookies can only be accessed by the party who originally set them. Please check the third party websites for more information about these Cookies.

Users may, at any time, prevent the setting of cookies, by the Website, by using a corresponding setting of your internet browser and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. However, if users deactivate the setting of cookies in your Internet browser, not all functions of our Website may be entirely usable.

How can you manage or opt-out of cookies?

Cookies, including those which have already been set, can be deleted from your hard drive. You can also change the preferences/settings in your web browser to control Cookies. In some cases, you can choose to accept Cookies from the primary site, but block them from third parties. In others, you can block Cookies from specific advertisers, or clear out all Cookies. Deleting or blocking Cookies may reduce functionality of the Website. To learn more about how to reject Cookies, visit www.allaboutcookies.org or go to the help menu within your internet browser. If you experience any problems having deleted Cookies, you should contact the supplier of your web browser.

Opting out of Analytical Performance Cookies

If you would like to opt out of Analytics Cookies, please do so by clicking on the links below:

Google Analytics: https://tools.google.com/dlpage/gaoptout.

Opting out of Behavioral Advertising Cookies

If you would like more information about how to opt out of interest-based advertising in desktop and mobile browsers on a particular device, please visit http://optout.aboutads.info/#/ and http://optout.networkadvertising.org/#. You may download the AppChoices app at http://www.aboutads.info/appchoices to opt out in connection with mobile apps, or use the platform controls on your mobile device to opt out.

ADVERTISING

Retargeting Ads

From time to time, the Website may engage in remarketing efforts with third-party companies, such as Google, Facebook, or Instagram, in order to market the Website. These companies use cookies to serve ads based on someone’s past visits to the Website. This means, after visiting the Website, you may see an ad for our services. However, your personally identifiable information is not used by any remarketing service other than to present you offers from Company. We use the following third-party service providers for remarketing:

Facebook: Opt-out of Facebook remarketing here

Google: Opt-out of Google remarketing here

Sponsored Content Tracking Pixels

This Website may engage in sponsored campaigns with various influencer networks, brands, and agencies. All sponsored content is duly disclosed in accordance with the FTC’s requirements. From time to time, these sponsored campaigns utilize tracking pixels (aka web beacons), which may contain cookies to collect data regarding usage and audience. This information is collected by the sponsoring company to track the results of the campaign. As stated above, these pixels may capture your IP address on behalf of the content sponsor. No personally identifiable information collected by the Website is used in conjunction with these tracking pixels.

Affiliate Program Participation

The Website may engage in affiliate marketing, which is done by embedding tracking links into the Website. If you click on a link for an affiliate partnership, a cookie will be placed on your browser to track any sales for purposes of commissions.

Company is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and links to Amazon.com. As an Amazon Associate, I earn from qualifying purchases. This program utilizes cookies to track visits for the purposes of assigning commission on these sales.

Newsletters

On the Website, you may subscribe to our newsletter, which may be used for advertising purposes. All newsletters sent may contain tracking pixels. The pixel is embedded in emails and allows an analysis of the success of online marketing campaigns. Because of these tracking pixels, Company may see if and when you open an email and which links within the email you click. Also, this allows Company to adapt the content of future newsletters to the interests of the user. This behavior will not be passed on to third parties.

HOW LONG WILL YOUR PERSONAL INFORMATION BE KEPT

• We will keep your personal information while you have an account with us or we are providing products or services to you. Thereafter, we will keep your personal information for as long as is necessary:

• To respond to any questions, complaints or claims made by you or on your behalf;

• To show that we treated you fairly;

• To keep records required by law.

• We will not retain your personal information for longer than necessary for the purposes set out in this Privacy Policy. Different retention periods apply for different types of personal information.

• When it is no longer necessary to retain your personal information, we will delete or anonymize it.

RIGHTS RELATED TO YOUR PERSONAL INFORMATION

Under laws in certain countries in which we operate, customers and other visitors to our Website from those countries have a right to access Personal Data about themselves, and to amend, correct or delete Personal Data that is inaccurate, incomplete or outdated. We will, upon request, provide you with confirmation regarding whether we are processing Personal Data about you, consistent with applicable law. In addition, upon your request, we will take reasonable steps to correct, amend, or delete your Personal Data that is found to be inaccurate, incomplete or processed in a manner non-compliant with this Privacy Policy or applicable law, except where the burden or expense of providing access would be disproportionate to the risks to your privacy, where the rights of persons other than you would be violated or where doing so is otherwise consistent with applicable law. Unless prohibited by applicable law, we reserve the right to charge a reasonable fee to cover costs for providing copies of Personal Data that you request.

Please note that while any amendments, corrections or deletions will be reflected in active user databases (as updated with a reasonable period of time), we may retain all Personal Data for backups, archiving, prevention of fraud and abuse, analytics, and satisfaction of other legal obligations we reasonably believe applicable.

You authorize us to use and disclose any new or modified information that you provide in accordance with this Privacy Policy, and you agree that we are under no obligation to delete or modify information that you have previously chosen to provide us as to which you have not instructed us to take such action. Please remember, however, that if we have already disclosed some of your Personal Data to third parties, we cannot access that Personal Data any longer and cannot force the deletion or modification of any such information by the parties to whom we have made those disclosures.

We may retain your Personal Data to comply with laws, prevent fraud, resolve disputes, troubleshoot problems, assist with any investigations, enforce our contracts, and take other actions otherwise permitted by law.

Opt-out – If you send us an email with questions or comments, we may use your personally identifiable information to respond to your questions or comments, and we may save your questions or comments for future reference. For security reasons, we do not recommend that you send non-public personal information, such as passwords, social security numbers, or bank account information, to us by email. You may “opt out” of receiving future commercial email communications from us by clicking the “unsubscribe” link included at the bottom of most emails we send, or as provided below; provided, however, we reserve the right to send you transactional emails such as customer service communications. You may also notify us at kate@bumblebabychicago.com to be removed from our mailing list.

Access – You may request access to the personal information we have about you by submitting a request to kate@bumblebabychicago.com.

Amend – You may contact us at kate@bumblebabychicago.com to amend or update your personal information.

Forget – In certain situations, you may request that we erase or forget your personal data. To do so, please submit a request to kate@bumblebabychicago.com.

Please note that we may need to retain certain information for recordkeeping purposes or to complete transactions, or when required by law.

SENSITIVE PERSONAL INFORMATION

At no time should you submit sensitive personal information to the Website. This includes your social security number, information regarding race or ethnic origin, political opinions, religious beliefs, health information, criminal background, or trade union memberships. If you elect to submit such information to us, it will be subject to this Privacy Policy.

CHILDREN’S INFORMATION

The Website does not knowingly collect any personally identifiable information from children under the age of 16. If a parent or guardian believes that the Website has personally identifiable information of a child under the age of 16 in its database, please contact us immediately at kate@bumblebabychicago.com and we will use our best efforts to promptly remove such information from our records.

ARBITRATION

This Privacy Policy will be governed and construed in accordance with the laws of the State of Illinois. Any controversy or claim arising out of or relating to the Privacy Policy, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near DuPage County, Illinois. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.

LINKS TO OTHER WEBSITES

This Privacy Policy applies only to the Website. The Website may contain links to other websites not operated or controlled by Company (the “Third-Party Sites”). The policies and procedures described here do not apply to the Third-Party Sites. The links from the Website do not imply that Company endorses or has reviewed the Third-Party Sites. We suggest contacting those sites directly for information on their privacy policies.

OTHER TERMS AND CONDITIONS

Your access to and use of the Website may also be subject to any separate agreements or terms and conditions you have signed or agreed to with Company. Please refer to those agreements as needed.

Regardless of any other provision in this Privacy Policy, we reserve the right to disclose any personally identifiable or non-personally identifiable information about you to: (a) fulfill a government request; (b) conform with the requirements of the law or legal process; (c) protect or defend our legal rights or property, our Website, or other users; or (d) protect, in an emergency, the health and safety of our customers or the general public. This includes exchanging information with third parties and organizations in connection with credit risk reduction and fraud protection.

Changes to Company’s Privacy Policy

The Website may change from time to time. As a result, at times it may be necessary for Company to make changes to this Privacy Policy. Company reserves the right to update or modify this Privacy Policy at any time and will notify you by email in advance of any changes, provided Website has your email address. Please review this policy periodically, and especially before you provide any Personal Data. Your continued use of the Website after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.

CONTACT INFORMATION

At any time, please contact us at kate@bumblebabychicago.com for questions related to this Privacy Policy.

Last updated: August 27, 2020.

All notices with respect to the Waiver must be in writing and made via email to hello@bumblebabychicago.com for the Company and to your email address.

SAFEY AND CARSEAT

The home safety consultation further described at https://www.bumblebabychicago.com/babyproofingcars… (the “Service”) is provided by Bumblebaby LLC, Zetlin LLC (“Company” or “we”).

Your purchase of the Service constitutes your acceptance of, and agreement to, the following disclaimer and waiver (“Waiver”). We reserve the right to modify, alter, amend, or update this Waiver. If you do not agree with or do not accept any part of this Waiver, you must not purchase or use the Service.

WAIVER

We cannot guarantee that your child will never be injured by using the information provided during the Services. Company does not identify every hazard or danger in your home. The Service is conducted to help you make your home a safer place for your baby. Your home and all safety products used in your home or with your child should be inspected frequently to confirm that no unsafe condition has developed. No home is 100% safe or hazard-free and there are not safety products to address every hazard. Parents are warned that adult supervision cannot be replaced by babyproofing and they should not rely solely on babyproofing to protect their baby.

Children grow and develop at different rates. Because children may learn how to overcome safety devices at any time, no product is “childproof”, and Company strongly recommends that parents ALWAYS SUPERVISE THEIR CHILD and teach their child about safety. Assessing existing and new risks is an ongoing process for parents. Children’s interests change and they learn quickly by watching you.

Safety products, including those recommended by Company have been designed by the manufacturers to be deterrents to help decrease the risk of injury. While these products can assist in protecting children from harm, these products will not prevent all injuries and cannot take the place of responsible adult supervision. Please note that Company does not identify products in your home that have been recalled. It is the parents’ responsibility to check for recalled products and Company recommends you do this frequently.

Company makes no express warranties and does not warrant the products recommended or installed as to merchantability or fitness for purpose. Warranties, if any, are as provided by the product manufacturers. Please carefully review the manufacturer’s safety instructions for any products and use only as directed. Use gates only with a child who is unable to climb, dislodge or open gates and always make sure latching mechanisms for gates are engaged. Installation of some safety products may alter your home’s original condition and Company is not liable for any damages in connection therewith.

Due to differences in how furniture and homes are constructed, we cannot completely assess the stability of your furniture (even if anchored). Since we can’t completely assess the quality of your furniture and walls or predict how children may climb, we recommend that you always supervise children around furniture (even if anchored). Company can’t guarantee that a child won’t be able to tip furniture (even if anchored), therefore, we recommend that you always use caution around TV’s and furniture (even if anchored). Please teach children to never climb on furniture.

Company cannot be responsible for injuries to children in your home and you hereby waive all claims against Company in connection therewith. Company strongly recommends that parents ALWAYS SUPERVISE THEIR CHILDREN. Company is not responsible for risks which were not uncovered or not discussed during the Service; information which was not shared by you with Company; your decision not to follow Company’s recommendation(s); changes which may be made to products after installation or; any condition caused by or contributed to by negligence of you, visitors or others.

DISCLAIMER

We have made every effort to ensure that all information provided during the Service has been tested for accuracy. We make no guarantees regarding the results that you will see from using the information provided during the Service.

Company disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided during the Service. The Company assumes or undertakes no liability for any loss or damage suffered as a result of the use of any information provided during the Service.

You understand and agree that you are fully responsible for your use of the information provided during the Service. We make no representations, warranties, or guarantees. You understand that results may vary from person to person. We assume no responsibility for errors or omissions that may appear during the Service.

NO WARRANTIES

The Service is provided on an “as is” and “as available” basis without any representations or warranties, expressed or implied. We make no representations or warranties in relation to the Service including the information and materials provided therein.

LIMITATION OF LIABILITY

TO THE EXTENT ALLOWABLE BY LAW, COMPANY AND ITS OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, AND LICENSEES WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM LIABILITY OF COMPANY WILL BE THE AMOUNTS PAID BY YOU TO COMPANY FOR THE SERVICE.

INDEMNITY

You agree to defend, indemnify, and hold Company, its owners, members, employees, officers, directors, managers, and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs, and expenses (including reasonable attorneys’ fees and expenses) which we suffer as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Waiver (including representation or warranty); or, (iii) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.

MISCELLANEOUS PROVISIONS

The Service may only be utilized by U.S. residents.

If any provision(s) of the Waiver is held to be invalid, illegal, or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable.

The Waiver may not be assigned by you without our prior written consent; however, the Waiver may be assigned by Company in our sole discretion.

All notices with respect to the Waiver must be in writing and made via email to hello@bumblebabychicago.com for the Company and to your email address.