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    HAPPIEST BABY, INC.

    PRIVACY POLICY

    Updated November 15, 2019

     

    Happiest Baby, Inc. (“HBI”, “us”, “we”, “our”) provides this “Privacy Policy” to inform our customers, website and app users (“you”) of our policies and procedures regarding the collection, use and disclosure of the personal information that we receive when you visit and use the www.happiestbaby.com site and any websites owned and/or operated by HBI (“Site” or collectively, the “Sites”), and when you 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 provided to us when you use the HBI Services.

    Happiest Baby, Inc. is the data controller of all personal information collected through the HBI Services.

    In this Privacy Policy, we refer generally to your "personal information", which means any data relating to you which identifies (such as your name) or could indirectly identify you (such as an identification number, or an online identifier).

    Please read this Privacy Policy carefully to understand how we handle your personal information. By engaging with us in the ways set out in this Privacy Policy, you confirm that you have read and understood the entirety of this Privacy Policy, as it applies to you.

    YOU HAVE RIGHTS TO OBJECT

    You have various rights in respect of our use of your personal information as set out in section 9 below. Two of the fundamental rights to be aware of are that you may:

    1. ask us to stop using your personal information for direct-marketing purposes. If you exercise this right, we will stop using your personal information for this purpose; and

    2. ask us to consider any valid objections which you have to our use of your personal information where we process your personal information on the basis of our, or another person's, legitimate interest.

    WHAT THIS PRIVACY POLICY CONTAINS

    1. Changes to this Privacy Policy
    2. Collection of personal information
    3. Cookies and beacons
    4. Behavioral targeting/re-targeting
    5. Our legal basis for using your personal information
    6. Aggregate and non-personal information
    7. Disclosure to third parties
    8. Minors
    9. Your key rights
    10. Links to other sites and services
    11. Data retention
    12. Security
    13. International transfer
    14. Complaints

     

    1. CHANGES TO PRIVACY POLICY

    This Privacy Policy may be updated from time to time to reflect changes to our personal information processing 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 that you have read and understood these changes.

     

    2. COLLECTION OF PERSONAL INFORMATION

    You may provide us with your personal information voluntarily. However, we may also receive information about you from third parties such as our suppliers, contractors and consultants, business partners, public and third-party websites and public agencies, which we refer to as "third party sources" or "suppliers" throughout this Privacy Policy. We may also collect personal information from you using a variety of technologies that automatically and passively collect information when you use our websites (usage data).

    Depending on our relationship, we will collect and use your personal information in different ways. Please see the sub-headings below to find out more about the personal information that we collect about you and how we use this personal information

    A. Visitors to our Sites

    When you visit our Sites, we (or third parties on our behalf) may collect and use any of the following categories of personal information about you:

     

    B. Customers who purchase and use our Products

    When you purchase our Products through our Sites, we (or third parties on our behalf) may collect and use any of the following categories of personal information about you:

     

    When you use our Products, we may collect and use any of the following categories of personal information about your baby through the Products:

    C. Customers who download and use our Apps

    When you download and use our Apps, we (or third parties on our behalf) may collect and use any of the following categories of personal information about you:

    D. Special categories of data

    Some of the personal information that we collect about your baby or which you provide to us about your baby may be special categories of data (such as your baby's picture, or whether your baby was born prematurely). Special categories of data that we might process in connection with the HBI Services include information about your baby's physical and mental health, and/or racial or ethnic origin.

    E. Other processing of your personal information

    Whatever our relationship with you is, we may also collect, use and store your personal information for the following additional reasons:

     

    3. 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 Sites and Apps. 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 Sites and Apps, and to tell us how and when you interact with HBI Sites and Apps. 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 Sites and Apps and to customize and improve HBI Sites and Apps.

    Unlike persistent cookies, session cookies are deleted when you log off from HBI Sites and Apps 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 section 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 Sites and Apps.

    For detailed information on the cookies we use and the purposes for which we use them, please refer to our Cookie Policy here.

     

    4. BEHAVIORAL TARGETING / RE-TARGETING

    We may partner with third-party advertising networks to either display advertising on HBI Sites and Apps or to manage our advertising on other websites. We may and/or our advertising network partners may use cookies and web beacons to collect personal information about your activities on our Sites and other websites to provide you targeted advertising based upon your interests. For further information and details on how to opt-out, please see our Cookie Policy here. Please note if you opt-out, this does not opt you out of being served advertising. You will continue to receive generic ads. HBI does not collect personal 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.

     

    5. OUR LEGAL BASIS FOR USING YOUR PERSONAL INFORMATION

    We consider that the legal bases for using your personal information as set out in this Privacy Policy are as follows:

    1. our use of your personal information is necessary to perform our obligations under any contract with you or take steps to enter into a contract with you (for example, to sell our Products and provide you with HBI Services, to fulfil an order which you place with us, or to comply with the terms of use of our Sites which you accept by browsing our Sites); or
    2. our use of your personal information is necessary for complying with our legal obligations (for example, for if you contact us requesting access to personal information we hold about you); or
    3.  where neither (a) nor (b) apply, use of your personal information is necessary for our legitimate interests or the legitimate interests of others (for example, to ensure the security of our Sites and Apps). Our legitimate interests are to:

      i. run, grow and develop our business and improve the HBI Services;
      ii. operate our Sites and Apps;
      iii. carry out marketing, market research and business development;
      iv. provide HBI Services to our customers, make and receive payment and provide customer services;
      v. invest in and roll out new products to benefit the communities in which we operate; and
      vi. for internal group administrative purposes.

    [If we rely on our (or another person's) legitimate interests for using your personal information, we will undertake a balancing test to ensure that our (or the other person's) legitimate interests are not outweighed by your interests or fundamental rights and freedoms which require protection of the personal information. You can ask us for information on this balancing test by using the contact details at section 14.

    We may use your special categories of data (such as health information as to whether your baby was born prematurely, or where we use your baby's sleep data to analyse their sleep pattern and provide sleep tips through the App or our customer service team) where you have provided your explicit consent (which you may withdraw at any time after giving it, as described below).

    We may process your personal information in some cases for marketing purposes on the basis of your consent (which you may withdraw at any time after giving it, as described below).

    If we rely on your consent for us to use your personal information in a particular way, but you later change your mind, you may withdraw your consent by contacting us at customercare-eu@happiestbaby.com and we will stop doing so. However, if you withdraw your consent, this may impact the ability for us to be able to provide the HBI Services to you.

     

    6. AGGREGATE AND NON-PERSONAL INFORMATION

    HBI may aggregate and analyze, non-personally-identifying 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.

     

    7. DISCLOSURE TO THIRD PARTIES

    We will not sell the personal information that you provide us with other organizations without your express consent. We do not provide personal information collected by HBI Services to any third party for such third party’s direct marketing purposes.

    We will share your personal information with the following categories of third parties:

    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, marketing (including email marketing) and database management services). These third parties may have access to your personal information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

    B. 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 court orders), 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.

    C. Business Transfers, Affiliates and Joint Ventures. HBI may sell, transfer or otherwise share some or all of its assets, including your personal information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy. 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.

     

    8. MINORS

    HBI takes children’s privacy seriously. Our HBI Services are not directed to children under the age of 13, and we do not knowingly collect personal information from children under 13 years of age. We do however collect your baby's personal information in connection with providing the HBI Services to you, as explained elsewhere in this Privacy Policy. If you are under 13 years of age, please do not submit any personal information through our Sites or Apps without the consent and participation of a parent or guardian. If we learn that we have collected personal information from a child under 13 we will take steps to delete such information from our files as soon as possible.

    Please contact us at customercare-eu@happiestbaby.com if you are aware that we may have inadvertently collected personal information from a child under 13.

     

    9. YOUR KEY RIGHTS

    You have certain rights in relation to your personal information. All HBI users may review, update, correct or delete their personal information in their registration profile by logging into their account and changing the “user preferences” associated with their account or you can contact us via email at customercare-eu@happiestbaby.com. You have the following rights:

    A. Right of access. You have a right of access to any personal information we hold about you. You can ask us for a copy of your personal information; confirmation whether your personal information is being used by us; details about how and why it is being used; and details of what safeguards are in place if we transfer your information outside of the European Economic Area ("EEA").

    B. Right to update your information. You have a right to request an update to any of your personal information which is out of date or incorrect.

    C. Right delete your information. You have a right to ask us to delete any personal information which we are holding about you in certain specific circumstances. You can ask us for further information on these specific circumstances by emailing us at customercare-eu@happiestbaby.com.

    We will pass your request onto other recipients of your personal information unless that is impossible or involves disproportionate effort. You can ask us who the recipients are by emailing us at customercare-eu@happiestbaby.com.

    D. Right to restrict use of your information: You have a right to ask us to restrict the way that we process your personal information in certain specific circumstances. You can ask us for further information on these specific circumstances by emailing us at customercare-eu@happiestbaby.com.

    We will pass your request onto other recipients of your personal information unless that is impossible or involves disproportionate effort. You can ask us who the recipients are using the contract details by emailing us at customercare-eu@happiestbaby.com.

    E. Right to stop marketing: You have a right to ask us to stop using your personal information for direct- marketing purposes. If you exercise this right, we will stop using your personal information for this purpose.

    F. Right to data portability: You have a right to ask us to provide your personal information to a third party provider of services.

    G. Right to object. You have a right to ask us to consider any valid objections which you have to our use of your personal information where we process your personal information on the basis of our or another person's legitimate interest.

    We will consider all such requests and provide our response within a reasonable period (and in any event within one month of your request unless we tell you we are entitled to a longer period allowed by applicable law). Please note, however, that certain personal information may be exempt from such requests in certain circumstances, for example if we need to keep using the information to comply with our own legal obligations or to establish, exercise or defend legal claims.

    If an exception applies, we will tell you this when responding to your request. We may request you provide us with information necessary to confirm your identity before responding to any request you make.

    Please note that removing your personal information may limit our ability to provide HBI Services to you. If you completely delete all such personal information, your account will be deactivated and you may lose access to the Services and your use of the Products.

     

    10. 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 personal information 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.

     

    11. DATA RETENTION

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

     

    12. SECURITY

    The security of your personal information is important to us. We follow generally-accepted industry standards for the data and processing that we do, and take all reasonable steps to protect the personal

    information submitted to us, both during transmission and once we receive it, including without limitation:

    (i) using encryption when collecting or transferring sensitive personal information;
    (ii) limiting physical access to our premises;
    (iii) limiting access to the personal 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 personal information.

    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 personal information consistent with our ability to determine the scope of a breach and our obligations to law enforcement.

     

    13. INTERNATIONAL TRANSFER

    IMPORTANT: When you use HBI Services, your data may be used, stored and/or access by staff operating outside the EEA such as the United States and possibly other countries, including Canada and Serbia, working for us, our partners or our suppliers. Further details on to whom your personal information may be disclosed are set out in section 7.

    If we transfer any personal information about you outside of the EEA, we will take appropriate measures to ensure that we or the third-party recipient protects your personal information adequately in accordance with this Privacy Policy. These measures may include entering into European Commission approved standard contractual arrangements with them.

    Further details on the steps we take to protect your personal information, in these cases is available from us on request by contacting us by email at customercare-eu@happiestbaby.com at any time.

     

    14. COMPLAINTS

    If you have a concern or complaint about how your personal information has been treated by us, you can contact us at customercare-eu@happiestbaby.com or by writing to us at 3115 South La Cienega Boulevard, Los Angeles, California 90016.

    We have appointed GRCI Law to act as our EU Representative. If you wish to exercise your rights under the General Data Protection Regulation (GDPR) or have any queries in relation to your rights or privacy matters generally please email eurep@grcilaw.com or post your request or query to Head of Data Privacy Management, GRCI Law Limited, c/o IT Governance Europe, Unit 3 Clive Court, Bartholomews Walk, Cambridgeshire Business Park, Ely, Cambridgeshire CB7 4EA.

    In accordance with Article 77 of the General Data Protection Regulation, you may also make a complaint to the data protection regulator in the country where you usually live or work, or where an alleged infringement of the General Data Protection Regulation has taken place. In the UK, the data protection regulator is the Information Commissioner's Office.