PRIVACY POLICY

Last Updated: 01-29-2019

KAS Direct, LLC, which does business as Babyganics and its subsidiaries (our “Company”) values the trust you place in us when you provide us with your personal information. We take your privacy seriously and are committed to protecting it.

This Privacy Notice applies to any information, including personal information, our Company collects online.

This Privacy Notice explains:

Your information may be collected in several ways, for example, when you provide information to us (such as name, date-of-birth, mailing address, and email address or other personal information); when you use or interact with our website or services, general non-personal information about your use of our website or services may be collected (such as IP addresses) through the use of automated technology like cookies and beacons; and when information is collected from publicly available sources or shared with us by a third party. Click here to read more.

We may use information for various purposes, including providing you with information about our company, products, promotions and other special offers, personalizing your website experience, and conducting research and analysis on our website, products, marketing efforts and sales. Click here to read more.

We do not sell or rent your personal information to third parties. We may share your personal information with (1) third parties with your consent, (2) our subsidiaries and affiliates, (3) our partners, advertisers or other third parties primarily for business and operational purposes, (4) third parties providing services on our behalf, and (5) other third parties to comply with legal obligations. Click here to read more.

We use industry-accepted security measures to help protect your personal information from unauthorized access, alteration, loss, or misuse. Click here to read more.

Automated technology (e.g., cookies and beacons) is used to collect general non-personal information and, in some cases, IP addresses. Click here to read more.

We use information collected through automated technology (e.g., cookies and beacons) to engage in third party ad serving/targeted advertising. Click here to read more.

Our websites are governed and operated in accordance with the laws of the United States, while designed to be compatible with the laws of the countries in which we operate. Click here to read more.

We may change this Privacy Notice at any time. If we make material changes, we will seek to provide you with reasonable notice of the changes. Changes will be effective immediately upon the posting of the revised Privacy Notice on our corresponding website. Click here to read more.

This Privacy Notice contains contact information if you have any questions or concerns about this Privacy Notice or your personal information. Click here to read more.

Note that the laws of certain countries may require that we set out specific information in this Privacy Notice as it relates to such countries. Click below to read that information for those countries. Such country-specific information applies to this Privacy Notice and information collected online by our Company only if and to the extent the laws of the applicable jurisdiction require such application.

Canada

Our Company websites may contain links to the websites of other companies. These websites may collect data independently of our Company. Please be aware that we do not control and are not responsible for the content, privacy policies, or practices of the websites of other companies. You should review the privacy notices of these websites before deciding whether to submit information to them.

PLEASE NOTE THAT OUR WEBSITES ARE NOT INTENDED FOR CHILDREN UNDER THE AGE OF 13. IF YOU ARE UNDER THE AGE OF 13, PLEASE DO NOT PROVIDE INFORMATION OF ANY KIND. WE DO NOT COLLECT PERSONAL INFORMATION FROM ANY PERSON WE ACTUALLY KNOW IS AN INDIVIDUAL UNDER THE AGE OF 13.

PLEASE READ THIS PRIVACY NOTICE CAREFULLY, BECAUSE BY USING OUR WEBSITES YOU ARE ACKNOWLEDGING YOU UNDERSTAND AND AGREE TO THE TERMS OF THIS PRIVACY NOTICE.

What information may be collected and the means of collection

Your information may be collected in several ways, including: when you provide information to us, when information is collected automatically, or when information is shared with us by a third party.

  • Information you provide to us through one of our websites or the website of one of our promotional or advertising partners

We collect information, including personal information such as name, date-of-birth, mailing address, and email address, when you provide it through registration to receive emails, request information, submit comments, submit product reviews or participate in a promotion (e.g., contest or sweepstakes) or survey. For example, if you are on the website of a TV network, viewing our Company content such as a product promotion, and you opt-in to receive information from our Company, the TV network website will submit to us the information you provided so we may contact you as requested.

If a Company website offers shopping or other commercial services, you will use an order-form to request information, products and services. The order-form may ask you to provide financial information like account or credit card numbers. This information is transmitted to us through a secured browsing session. Do not send us any financial information outside the secured browsing session.

Providing personal information to us is purely optional. However, if you refuse to provide details that are essential (e.g., as may be identified in a registration form), it would be impossible to use some of the features and functions of the website and/or to benefit from our services or promotions (for instance, by not being able to participate in a sweepstakes or contest).

  • Information collected automatically when you visit one of our websites or the website of one of our promotional or advertising partners

We, as well as any third-party advertisers and/or service providers, may place cookies, beacons or other tracking technologies in your browser to automatically collect general non-personal information when you visit one of our websites (more on cookies, beacons, and how to stop automated collection later in this Privacy Notice). Your IP addresses, which in some jurisdictions may be considered personal information, may also be collected through the use of automated technology – see more regarding the collection of IP addresses and the ability to associate browsing habits with your individual personal computer in this section below.

In cases when you are on the website of one of our promotional or advertising partners, our cookies or beacons are placed on your computer via our Company content that you may be viewing (e.g., a product promotion or advertisement).

Information collected by cookies or beacons may be used by us or our promotional or advertising partners to deliver targeted advertising to you. The practice of displaying advertisements on the websites of unrelated companies is called third party ad serving or targeted advertising (more on on-line advertising in unrelated websites (third party ad serving or targeted advertising) and how to stop its delivery later in this Privacy Notice).

The type of information that may be collected automatically includes:

  • internet browser type
  • computer type
  • IP address**
  • **NOTE: An IP address is a number that is assigned to your computer by your Internet Service Provider (ISP) so you can access the internet. Some ISPs assign a new IP address every time you access the internet while other ISPs assign you the same number every time you access the internet. In instances when you are assigned the same IP address, it is possible for information about your browsing habits to be associated with your individual personal computer.
  • operating system
  • webpages visited
  • links clicked
  • date and time of visits

This information helps us provide a better website experience by diagnosing problems with our servers, evaluating site navigation and better understanding the demographics of our site visitors so we can provide more relevant content, functionality and offers.

  • Information shared with us by a third party

We may receive information about you from other sources such as public databases, data aggregators or companies/websites where you have consented to have your information shared with other companies. For example, if you are on the website of a TV network viewing content from a TV show, you may have an opportunity to sign-up to receive periodic communication/news about the TV show. While you are registering, the TV network also may ask you if you would like to have your information shared with the TV network’s partners. If you consent to do so and our Company is one of the TV network partners then we may receive some of your information.

We may also receive information about you from social networking sites if you or other users (e.g., your “friends”) give us access to your profiles, comments, or “connections”, if you “like” us, or if you choose to participate in a Company sponsored page or program residing in a social networking site (e.g., our Company’s Facebook page). The type of information that we may receive includes lists of your friends, comments you have shared, groups and location.

Our websites may also have “plugins” and other website features from third parties, such as the Facebook “Like” button and Facebook Conversations and other features which allow for login or other website functionality or interactions with social networking sites. These “plugins” and features, including their operation and use, and the information you provide to those third parties as part of their use, are governed by the privacy policy and practices of the third party providing them. Please be aware that we do not control and are not responsible for the privacy policies or practices of such parties. You should review the privacy notices and applicable terms before deciding whether to use the third party “plugins” or features.

How we use information

We may use information to:

  • respond to your questions and requests,
  • provide you with information about our company, products, services, promotions and other special offers, including through the delivery of targeted advertising,
  • personalize your website experience through tailored content, ads and offers,
  • communicate with you about your account and other matters, and in our discretion, changes to any Company policy that may affect you,
  • conduct research and analysis related to, and manage and improve, our websites, products, services, advertising, promotions and sales, including, for example, to make our websites easier to use with better content by understanding how people use our websites, products and services,
  • process transactions,
  • administer programs and promotions for which you sign up, including sweepstakes and contests,
  • implement other activities disclosed at the time you provide your information,
  • implement social networking features you have activated, and/or
  • combine all the information we collect or receive about you for any of the foregoing purposes.

To the extent that you provide us with financial information in connection with shopping or commercial services, we will use the financial information to bill you for products and/or services. By submitting your credit card and related personal information, you are authorizing our store to give that information to the merchant and credit card company for order confirmation and fulfillment.

When we share personal information

We will not sell or rent your personal information to third parties. Periodically, we may share your personal information with our subsidiaries, affiliates, business partners and service providers, such as in the circumstances below. We may also share aggregated and/or anonymous information with our business partners for their own business purposes.

  • Your agreement to have your personal information shared with third parties

While on our websites, you may have the opportunity to opt-in to receive information and/or marketing offers from another company or consent to the sharing of your information with a third party. If you opt-in or agree to have your personal information shared, your personal information will be disclosed to the third party, and the personal information you disclose will be subject to the privacy policy and business practices of that third party.

  • Company subsidiaries, affiliates and business partners

We may share your personal information with subsidiaries and affiliates of our Company, or with our partners, advertisers or other third parties primarily for business and operational purposes, including joint promotional activities with such other third parties.

  • Third parties providing services on our behalf

We may share your personal information with unrelated companies that help us carry out your requests, make various features, services and materials available through our websites, respond to your inquiries and for the other purposes described in the section above on “How we use information”. The unrelated companies to which we may provide this information may include potential or actual advertisers, providers of advertising services (including website tracking services), commercial partners, sponsors, licensees, researchers and other similar parties. We may also use your personal information to develop general audience segments for delivering targeted advertising on social media platforms and third party sites.

  • Legal proceedings and other special circumstances

We may share your personal information with third parties to comply with a legal obligation such as at the request of governmental authorities conducting an investigation; to verify or enforce our websites’ terms of use or other applicable policies; or to protect the rights, property, safety or security of visitors to our websites, the public or third parties. We may also disclose your personal information as part of the sale of one of our business divisions or brands to another company.

How we safeguard information

We take information security seriously and use industry-accepted security measures to help protect your personal information from unauthorized access, alteration, loss, or misuse. For example, we store personal information on computer systems with limited access and these systems are located in controlled facilities. When we transmit very confidential information (e.g., a credit card number) over the internet, we protect it through the use of data encryption methods.

Please remember not to ever send your credit card numbers, social security, or any personal passwords through unsecured email. Also remember not to ever share your passwords, never leave your computer unattended, and always log-out when you are done using it.

More on cookies, beacons, and how to stop automated collection of information

Our Company uses automated technology to collect general non-personal information. Automated collection of information occurs mainly through the use of two technologies: cookies and web beacons.

  • More on “Cookies”

What is a cookie -- A cookie is a small file that a website you are visiting places in your computer through your internet browser. Cookies have the ability to identify your computer and store information like web pages visited, advertisements viewed, frequency, and type of browser used.

Cookies are usually managed through your internet browser.

If the website you are visiting provides free content (e.g., espn.com) then it is likely that you will also see advertisements of other websites/companies. If so, the website you are visiting and the companies that sponsor the advertisements may place their own cookies in your computer. Displaying on-line advertisements in unrelated websites is primarily accomplished through a practice called third party ad serving or targeted advertising (more on on-line advertising in unrelated websites (third party ad serving or targeted advertising) and how to stop its delivery later in this Privacy Notice).

How are cookies used -- Cookies are normally used to help with security (e.g., time you out of a secured browsing session after a certain period of inactivity), site navigation (e.g., remember your preferences so that you don’t need to reenter information like language preference), and improve your browsing experience (e.g., deliver content, advertisements, or offers that are consistent with your browsing habits).

Cookies can remain in your computer for the duration of a browsing session or for a predetermined period of time. Cookies that remain in your computer for the duration of a browsing session are called “session” cookies (e.g., the contents of an online “shopping basket” will disappear at the end of your browsing session). Cookies that remain in your computer for a predetermined period of time are called “persistent” cookies (e.g., selecting English in a website that offers content in multiple languages so that the content is displayed in English when you return to the website even weeks or months later).

Accepting, disabling or deleting cookies -– You may be able to set your browser to notify you before you receive a cookie, giving you the change to decide whether to accept it, or to block cookies altogether. To do so, please refer to your browser’s help menu.

Most browsers also allow you to erase cookies already stored. Please be aware that deleting cookies will likely have a negative effect on the performance of the websites you visit and, consequently, you may not be able to see content or use applications offered through the websites.

To delete cookies that have been installed in your computer, please refer to your browser’s help menu. Below are links to some of the most popular internet browsers where you can find additional information on managing cookies:

In addition, some of our websites may contain an icon (such as an “AdChoices” icon), typically on the footer of the page, or other button that enables users to learn more about the companies that use cookies on our websites and their choices with respect to such cookies.

You can also learn more about cookies at:

  • More on web “beacons”

What is a web beacon -- Web beacons are small pieces of computer code placed in transparent graphic images displayed in websites you may be viewing or emails you may receive. Web beacons are not noticeable since they are usually placed within a very small portion of an image being observed. Web beacons are also known as pixel tags, clear GIFs, and web bugs.

How are web beacons used -- Web beacons are normally used to monitor website traffic. Web beacons can also be used with cookies to gain an understanding of how website users navigate and process the content contained in websites. For example, a company owning a network of websites may use web beacons to count and recognize users travelling through its multiple websites. Being able to recognize users allows the website owner to personalize users’ visits and make them more user-friendly.

How to delete web beacons -- To delete web beacons, you will need to delete cookies from your browser (see the section above on “how to delete cookies”).

You can learn more about web beacons at:

More on online advertising in unrelated websites (third party ad serving or targeted advertising) and how to stop its delivery

We and our promotional and advertising partners use information collected by cookies or beacons to engage in third party ad serving/targeted advertising.

What is third party ad serving/targeted advertising -- Third party ad serving is the most common practice of delivering advertisements in the websites of unrelated companies. For example, when you visit the website of a sports’ network such as espn.com, you may see advertisements from unrelated sporting equipment companies.

How does third party ad serving/targeted advertising work -- Third party ad serving utilizes technology such as cookies and web beacons to assemble usage information from websites you’ve visited. This information is utilized to try to understand your potential interests and match them with potential suppliers of related product and services. If one of these potential suppliers has contracted with a website that you are visiting to deliver its corresponding advertisement, your internet browser will assemble appropriate ad information and deliver it to you while you are browsing on the unrelated website.

How to limit third party ad serving -- Your jurisdiction may have adopted laws or an industry self-regulatory framework that enables you to limit or stop third party advertising. An increasing number of advertisers have embedded an icon (such as an “AdChoices” icon) in or near their ads to indicate compliance with applicable self-regulatory frameworks. By selecting this icon, you may be redirected to a website that should allow you to limit or stop the delivery of advertisements to your computer. However, you should know that such icons (including the “AdChoices” icon) can only help you limit advertisements from companies that have signed-up to use the applicable icon to manage third party ad serving.

If and to the extent an advertisement does not include the applicable icons, you should visit the website where you are receiving the third party ad (espn.com in the example above) or the actual advertiser’s website to view its privacy policy, which may provide information on how to stop receiving third-party advertisements.

You can learn more about third party ad serving and how to limit related advertisements at:

Please note that our Company has no control over this advertising network or the companies that belong to the network.

What is Do Not Track – Do Not Track is a privacy preference that you can set in your web browser that is intended to allow you to control the tracking of your online activities across websites.

How we respond to Do Not Track Signals – Our Company websites do not currently honor Do Not Track settings that are enabled from your web browser.

What laws govern the operation of our Company’s websites and international transfers of personal information

Our websites are governed and operated in accordance with the laws of the United States, while designed to be compatible with the laws of the countries in which we operate.

Because we are an international business, the computer servers that support our websites and process your personal information may be located outside the country from which you accessed our websites and your information was collected. Consequently, your personal information may be processed, maintained and/or transferred abroad in and to another country that does not have the same privacy laws as your country of residence. If so, we will handle your personal information in accordance with this Privacy Notice.

Be aware that by using our websites or providing us with information, you are: (a) agreeing that our websites are subject to the laws of the United States, and (b) consenting to the collection, processing, maintenance and transfer of such information in and to the United States and/or other countries.

Note that the laws of certain countries may require that we set out specific information in this Privacy Notice as it relates to such countries. Click below to read that information for those countries. Such country-specific information applies to this Privacy Notice and information collected online by our Company only if and to the extent the laws of the applicable jurisdiction require such application.

Canada

How we will inform you of changes to this Privacy Notice

Please note that we reserve the right to change this Privacy Notice, at any time. To the extent that we make material changes, we will seek to provide you with reasonable notice of the changes. Changes will be effective immediately upon the posting of the revised Privacy Notice on our corresponding website. Please check back from time to time.

How you can communicate with us about this Privacy Notice or your personal information

If you have any questions or concerns about this Privacy Notice or your personal information, please let us know by contacting us at the below email and mail addresses and your request will be handled by our customer service center in the United States:

By email: foundingfathers@babyganics.com

By mail:  c/o Babyganics - Privacy Inquiries 
1600 Stewart Avenue, Suite 411
Westbury, NY 11590

USA

Note that the applicable laws of certain countries may grant you rights, including, if applicable in your jurisdiction, the right to request us:

  • to provide you with information about our processing, including information on the source from which we obtained your personal information, how we process your personal information and to obtain a copy of the personal information we have about you
  • to correct or update your personal information
  • not to contact you in the future
  • to delete your personal information
  • to stop the processing of your personal information
  • to notify any change or requirement of deletion to a third party to which your personal information has been passed

Not all such rights may be applicable in your jurisdiction; our Company will comply with applicable laws.

Please be aware that in accordance with our routine record keeping, at our discretion and from time-to-time, we may delete records that contain personal information.

Country Specific Information

The following country-specific information applies to this Privacy Notice and information collected online by our Company only to the extent the laws of the applicable jurisdiction require such application.

Canada – Your personal information may be maintained in or be accessible from our offices at Westbury, New York, USA and other locations outside of Canada. You should be aware that privacy laws in such countries differ from the Canadian privacy laws and that in some countries your personal information may be accessed by law enforcement authorities or the courts. If you would like to obtain more information about our policies and practices with respect to processing your personal information in such countries, please contact us as indicated in this Privacy Notice.

You can also learn more about third party ad serving and how to limit related advertisements at http://youradchoices.ca/, the official website of the Digital Advertising Alliance of Canada’s Self-Regulatory Program for Online Behavioural Advertising.

Canada – Vos informations personnelles peuvent être conservées dans nos bureaux ou être accessibles depuis ceux-ci, situés à Racine, dans le Wisconsin, aux États-Unis et autres sites en dehors du Canada. Vous devez savoir que les lois sur le respect de la vie privée dans ces pays diffèrent des lois canadiennes sur le respect de la vie privée, et que dans certains pays, des autorités d’application de la loi ou les tribunaux peuvent accéder à vos informations personnelles. Si vous souhaitez obtenir plus d’informations sur nos politiques et pratiques relatives au traitement de vos informations personnelles dans ces pays, veuillez nous contacter, comme indiqué dans le présent Avis de confidentialité.

Pour de plus amples informations au sujet des annonces publicitaires émanant de tiers et sur la façon de les limiter, consultez http://youradchoices.ca/fr/, le site internet officiel du programme d’autoréglementation sur la publicité comportementale en ligne de l’Alliance de la publicité numérique du Canada.