Privacy policy

Last Updated: December 22, 2021

THE CLEVER BABY, LLC

Privacy Policy

At The Clever Baby, LLC (“The Clever Baby”, “Company”, “we”, “our” or “us”), we believe in being clear and open about how we collect data related to you when you visit our website at www.thecleverbaby.com (“Website”), purchase The Clever Baby products, otherwise interact with us, participate in online advertisements or marketing emails, or engage with any other websites, pages, features or content we own, operate and/or provide.

This Privacy Policy (“Privacy Policy”) is designed to help you understand how we collect, use, share and safeguard the information you provide to us and to assist you in making informed decisions when using our Website and purchasing products from us. The Clever Baby operates an e-commerce website selling baby products and merchandise. By accepting our Privacy Policy, you consent to our collection, storage, use and disclosure of your Personal Information as described in this Privacy Policy. The Website is intended for companies located in the United States only, and you hereby expressly acknowledge and agree that if you are accessing and/or using the Website that you reside in the United States and will only access and/or use the Website in the United States. The use of the Website and purchase of The Clever Baby’s products are subject to the Website Terms and Conditions and Terms of Sale located at the bottom of the Website.

Types of Data We Collect

We collect Non-Personal Information and Personal Information and the information we collect from you depends on how you use the Website. “Non-Personal Information” includes information that cannot be used to personally identify you, such as anonymous usage data, general demographic information we may collect, referring/exit pages and URLs, platform types, preferences you submit and preferences that are generated based on the data you submit and number of clicks. “Personal Information” means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, email address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data. This includes:

Context	Types of Personal Information	Primary Purpose for Collection and Use of Personal Information
User Information and Purchaser Information	We collect your name and email address if you contact us, and we collect your name, mailing address, phone number email address if you make a purchase on the Website.	We have a legitimate interest in contacting our customers and communicating with them in relation to the Website and The Clever Baby’s products.
Cookies and first party tracking	We use Cookies and clear ‘GIFs’. “Cookies” are small pieces of information that a website sends to a computer’s hard drive while a website is viewed. See the Section entitled ‘Information About Cookies and Information Collected via Technology’ below for more information.	We have a legitimate interest in making the Website operate efficiently.
Cookies and Third Party Tracking	We participate in behavior-based advertising, this means that a third party uses technology (i.e.: a Cookie) to collect information about your use of the Website. See the Section entitled ‘Information About Cookies and Information Collected via Technology’ below for more information.	We have a legitimate interest in capturing website analytics and engaging third parties to assist with providing the Website to you.
Email Interconnectivity	If you receive email from us, we may use certain tools to capture data related to when you open our message, click on any links or banners it contains and make purchases.	We have a legitimate interest in understanding how you interact with our communications to you.
Feedback/Support	We collect personal data from you contained in any inquiry you submit to us regarding the Website and/or The Clever Baby’s products, such as completing our online forms, or emailing for the purposes of general inquiries, support requests, or to report an issue.	We have a legitimate interest in receiving, and acting upon, your feedback, issues, or inquiries.
Mailing List	When you sign up for one of our mailing lists, we collect your name, email address and mailing address.	We share information about our products with individuals that consent to receive such information. We also have a legitimate interest in sharing information about our products.
Mobile Devices	We collect information from your mobile device such as unique identifying information broadcast from your device when using the Website.	We have a legitimate interest in identifying unique visitors to our Website, and in understanding how users interact with the Website on their mobile devices.
Website & Application Interactions	We use technology to monitor how you interact with the Website. This may include: IP addresses, preferences, web pages you visited prior to using the Website, information about your browser, network or device (such as browser type and version, operating system, internet service provider, preference settings, unique device IDs and language and other regional settings), information about how you interact with the Website (such as timestamps, clicks, scrolling, browsing times, searches, transactions, referral pages, load times, and problems you may encounter, such as loading errors).	We have a legitimate interest in understanding how you interact with the Website to better improve the Website, and to understand your preferences and interests and to select offerings that you might find most useful. We also have a legitimate interest in detecting and preventing fraud.
Web logs	We collect information, including your browser type, operating system, Internet Protocol (“IP”) address (a number that is automatically assigned to a computer when the Internet is used), domain name, click-activity, referring website, and/or a date/time stamp for visitors.	We have a legitimate interest in monitoring web logs to provide the Website and enhance the Website.

Children’s Online Privacy Protection Act

Our Website is not designed for children under 13, and we do not intentionally or knowingly collect Personal Information from users who are under the age of 13 or from other websites or services directed at children. If we discover that a child under 13 has provided us with Personal Information, we will delete such information. If you believe that a child under the age of thirteen (13) may have provided us personal information, please contact us at dataprivacy@thecleverbaby.com.

Information You Provide to Us

We may collect Personal Information from you, such as your first and last name, email and mailing address, phone, and password when you make a purchase on the Website.
When you purchase a product on the Website, our third party payment processor will collect all information necessary to complete the transaction, including your name, credit card information and billing information.
If you provide us feedback or contact us via email, we will collect your name and email address, as well as any other content included in the email, in order to send you a reply.
When you participate in one of our surveys, we may collect additional information that you knowingly provide.
We will maintain the information you send via email in accordance with applicable federal law.
In compliance with the CAN-SPAM Act, all emails sent from our organization will clearly state whom the email is from and provide clear information on how to contact the sender. In addition, all email messages will also contain concise information on how to remove yourself from our mailing list so that you receive no further e-mail communication from us.

Information About Cookies and Information Collected via Technology

In an effort to improve the quality of the Website, we reserve the right to track information provided to us by your browser or by our software application when you view the Website, such as the website you came from (known as the “referring URL”), the type of browser you use, the device from which you connected to the Website, the time and date of access, and other information that does not personally identify you. We track this information using Cookies. Cookies are sent to a user’s browser from our servers and are stored on the user’s computer hard drive or mobile device. Sending a Cookie to a user’s browser or mobile device enables us to collect Non-Personal information about that user and keep a record of the user’s preferences when using the Website.
We may also use third party analytics services such as Google Analytics to collect information about how you use and interact with the Website. Such third-party analytics services may use Cookies to gather information such as the pages you visited, your IP address, a date/time stamp for your visit and which website referred you to the Website.
We reserve the right to use technological equivalents of Cookies, including social media pixels. These pixels allow social media sites to track visitors to outside websites so as to tailor advertising messages users see while visiting that social media website. We reserve the right to use these pixels in compliance with the policies of the various social media sites.

Use of Your Personal Information

In general, Personal Information you submit to us is used either to respond to requests that you make, or to aid us in serving you better. We use your Personal Information in the following ways:

to fulfill your order of any purchases made on the Website;
to improve the quality of experience when you interact with the Website;
to send you communication about contact initiated by you or otherwise about your purchases on the Website;
to periodically send newsletters, surveys, offers, and other promotional materials related to the Website, The Clever Baby’s products and for other marketing purposes including those of third parties;
to perform marketing or data analysis;

to comply with legal obligations, as part of our general business operations, and for other business administration purposes; and

where we believe necessary to investigate, prevent or act regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person or violations of this Privacy Policy.

Use of Non-Personal Information

In general, we use Non-Personal Information to help us improve the Website and customize the user experience. We also aggregate Non-Personal Information in order to track trends and analyze use patterns on the Website. This Privacy Policy does not limit in any way our use or disclosure of Non-Personal Information and we reserve the right to use and disclose such Non-Personal Information to our partners, advertisers and other third parties at our discretion.

How We Share Your Personal Information

As a general rule, we do not sell, rent, lease or otherwise transfer any information collected either automatically or through your voluntary action. We may disclose your Personal Information as described below and as described elsewhere in this Privacy Policy.

Third Party Service Providers. We may share your Personal Information with third party service providers to provide you with the Website, to conduct quality assurance testing, to perform marketing; to run data analysis and to provide technical support. The third party service providers we are engaged with and/or third party products and/or services we use to provide the Website include without limitation:

‘Google Analytics’ (https://analytics.google.com/analytics/web/): to provide information and analytics related to the Website.

‘Shopify’ (https://www.shopify.com/): to provide the e-commerce platform, purchase functionality and payment processor for The Clever Baby on the Website.

Process Payments. Your Personal Information is transmitted to the payment processor via an encrypted connection. To learn more about the payment processor we use and their policies related to privacy, learn more at https://www.shopify.com/legal/privacy

Business Transfers. If (i) the Clever Baby is acquired by, or merges with, or receives investment from another company or (ii) if any of the Clever Baby’s assets are or may be transferred to another company, whether as part of a bankruptcy or insolvency proceeding or otherwise, we may transfer the information we have collected from you to the other company. As part of the business transfer process, we may share certain of your Personal Information with lenders, auditors, attorneys and consultants.

Other Disclosures. Regardless of any choices you make regarding your Personal Information (as described below), we may disclose Personal Information if it believes in good faith that such disclosure is necessary (a) in connection with any legal investigation; (b) to comply with relevant laws or to respond to subpoenas or warrants served on us; (c) to protect or defend our rights or property, or the rights or property of users of the Website; (d) to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person and/or (e) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or any agreements you may have with us, as applicable.

Links to Third Party Websites and Third Party Providers

As part of the Website, we may provide links to or compatibility with other websites or applications; however, we are not responsible for the privacy practices employed by those websites or the information or content they contain nor are we liable for third party products, services, acts and/or omissions. This Privacy Policy applies solely to information collected by us in relation to the Website and your use of the Website and/or purchase of products on the Website. This Privacy Policy does not apply to your use of a third party website accessed by selecting a link on the Website. To the extent that you access or use the Website through or on another website or application, then the privacy policy of that other website or application will apply to such access and/or use. We encourage you to read the privacy statements of other websites before proceeding to use them.

Your Rights Regarding the Use of Your Personal Information

We may send periodic promotional emails to you. You have the right at any time to prevent us from contacting you for marketing purposes. When we send a promotional communication to a user, the user can opt out of further promotional communications by following the unsubscribe instructions provided in each promotional email. Please note that notwithstanding the promotional preferences you indicate by unsubscribing, we may continue to send you administrative emails including, for example, periodic updates to our Privacy Policy. Please note that it may take up to 10 business days for us to process unsubscribe requests.

Your Rights and Choices

If applicable privacy laws allow, you may have rights over your Personal Information. This includes, but is not limited to:

Right to Know. You have the right to request disclosure about our Personal Information collection practices during the prior 12 months, including the categories of Personal Information we collected, the sources of the information, our business purposes for collecting or sharing the information and the categories of third parties with whom we shared such information. You may request a copy of the specific pieces of Personal Information we may have collected about you in the last 12 months.
Right to Delete. You may request that we delete (and direct our service providers to delete) your Personal Information, subject to certain exceptions.
Right to Opt-Out. You have the right to opt-out of any ‘sales’ of your Personal Information, if a business is selling your information.
Non-Discrimination. You have the right to not be discriminated against for exercising these rights.

You can make the following choices regarding your Personal Information:

Access To Your Personal Information. You may request access to your Personal Information by contacting us at the address below. If required by law, upon request, we will grant you reasonable access to the Personal Information that we have about you. We will provide this information in a portable format, if required. Note that California residents may be entitled to ask us for a notice describing what categories of Personal Information (if any) we share with third parties or affiliates for direct marketing.
Changes To Your Personal Information. We rely on you to update and correct your Personal Information. Please contact us at the address below immediately if there are any changes to your Personal Information. Note that we may keep historical information in our backup files as permitted by law.
Deletion Of Your Personal Information. Typically, we retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law, or as otherwise described in this Privacy Policy. You may, however, request information about how long we keep a specific type of information, or request that we delete your Personal Information by contacting us at the address below. If required by law we will grant a request to delete information, but you should note that in many situations we must keep your Personal Information to comply with our legal obligations, resolve disputes, enforce our agreements, or for another one of our business purposes.
Objection to Certain Processing. You may object to our use or disclosure of your Personal Information by contacting us at the address below.
Online Tracking. We do not currently recognize automated browser signals regarding tracking mechanisms, which may include ‘Do Not Track’ instructions.
Promotional Emails. You may choose to provide us with your email address for the purpose of allowing us to send free newsletters, surveys, offers, and other promotional materials to you. You can stop receiving promotional emails by following the unsubscribe instructions in e-mails that you receive. If you decide not to receive promotional emails, we may still send you communications related to your purchases on the Website and administrative purposes for reasons such as providing you with updates to this Privacy Policy.
Revocation Of Consent. If you revoke your consent for the processing of Personal Information, then you should not access the Website or purchase products from The Clever Baby. In some cases, we may limit or deny your request to revoke consent if the law permits or requires us to do so, or if we are unable to adequately verify your identity. You may revoke consent to processing (where such processing is based upon consent) by contacting us at the address below.

Security of Your Personal Information and Personal Data

We implement security measures designed to protect your information from unauthorized access, alteration, disclosure and/or destruction. Because the internet is not a completely secure environment, we cannot warrant the security of any information a user transmits to us or guarantee that information on the Website may not be accessed, disclosed, altered, and/or destroyed by breach of any of our physical, technical and/or managerial safeguards. We further protect your information from potential security breaches by implementing certain technological security measures; however, these measures do not guarantee that your information will not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software. While we use reasonable efforts to protect your Personal Information, we cannot guarantee the Website is absolutely secure.

How we Retain Your Personal Information

We will retain your Personal Information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. The precise periods for which we keep your Personal Information vary depending on the nature of the information and why we need it. To determine the appropriate retention period for Personal Information, we consider the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorized use and/or disclosure of your Personal Information, the purposes for which we process your Personal Information and whether we can achieve those purposes through other means, and the applicable legal requirements.

In some circumstances we may anonymize your Personal Information (so that it can no longer be associated with a user) for research or statistical purposes in which case we may use this information indefinitely without further notice. We may retain information (including without limitation your personally identifiable information) for a commercially reasonable time for backup, archival, audit purposes, and/or to comply with legal obligations, resolve disputes and enforce agreements. In some cases, if you choose not to provide us with requested information, you may not be able to use the Website. You can request further details of retention periods for different aspects of your Personal Information by contacting us.

Please note that in the course of providing the Website, we collect and maintain aggregated, anonymized, or de-personalized information which we may retain indefinitely.

Accessibility

If you are visually impaired, you may access this Privacy Policy through your browser’s audio reader.

Changes to This Privacy Policy

We reserve the right to change this Privacy Policy from time to time in our sole and absolute discretion. We may notify you of significant changes to this Privacy Policy by sending a notice to the primary email address provided by you or by placing a prominent notice on the Website. You should periodically check the Website and this Privacy Policy for updates.

Other Jurisdictions

Personal information that you submit through the Website may be transferred outside of the jurisdiction in which you live. We also store Personal Information locally on the devices you use to access the Website. Your Personal Information may be transferred to other jurisdictions that do not have the same data protection laws as the jurisdiction in which you initially provided the information. The following provisions may apply to you depending on where you are located.

Nevada.

This notice is provided to you pursuant to state law. Nevada state privacy laws permit us to make marketing calls to existing customers, but if you prefer not to receive marketing calls, you may be placed on our internal opt-out list by emailing us at dataprivacy@thecleverbaby.com or you may also contact the Nevada Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Ste 3900, Las Vegas, NV 89101; telephone 702-486-3132; email: AGCinfo@ag.nv.gov.

Vermont.

In accordance with Vermont law, we will not share information we collect about you with companies outside of The Clever Baby except as described herein, otherwise required or permitted by law.

Virginia.

This Section is only applicable to you if you are a resident of the state of Virginia (“Virginia Residents”). If you have a complaint, first contact us at dataprivacy@thecleverbaby.com We will respond within 45 days after receipt of your request, and such time may be extended for an additional 45 days if it is reasonably necessary. We will notify you of any extension within the initial 45-day period. If you are not satisfied with our responses, you have the right to appeal. We will respond within 60 days after our receipt of your appeal. If you still have an unresolved complaint, please direct your complaint to the Virginia Attorney General at service@oag.state.va.us or call (804)786-2071.

California.

To the extent the California Consumer Privacy Act (“CCPA”) is applicable, this Section is applicable to you if you are a resident of the state of California (“California Residents”) and only applies to Personal Information for which Company is a “Business” (as defined in the CCPA), but does not apply to Personal Information we collect from you where you are an employee, owner, director, officer or contractor of a company, partnership, sole proprietorship, non-profit or government agency. It applies to Personal Information we collect from California Residents on or through our Website and through other means (such as information collected offline or in person).

Rights and Choices. Under the CCPA and subject to certain limitations and exceptions, if you are a California resident, you may have certain rights with respect to information we have collected about you that constitutes Personal Information under the CCPA as set forth herein. This Privacy Policy describes the Personal Information we collect about you. We collect this information for the purposes described herein and we share this information as described herein. Company uses cookies as described herein.

Exercising Your Rights. If you’re a California Resident and desire to exercise your data protection rights, please contact us at dataprivacy@thecleverbaby.com. You may be required to provide additional information necessary to confirm your identity before we can respond to your request, and we will use that information only for that purpose. We may request that you submit a signed statement under penalty of perjury that you are the individual you claim to be. We will acknowledge receipt of your request within 10 days from receipt of such request and will endeavor to respond within 45 days after receipt of your request, but if we require more time (up to an additional 45 days) we will notify you of our need for additional time. For requests that we not sell your information we will comply with your request within 15 days after receipt of such request. We cannot respond to your request or provide you with Personal Information if we cannot verify your identity and confirm that the Personal Information relates to you. You may make a request for disclosure of our information collection practices, the information we collected about you, or our sharing practices up to twice within a 12-month period. You may make a request that we not sell information or for deletion of your information at any time. For requests for a copy of the Personal Information we have collected during the 12 months prior to your request we will endeavor to provide the information in a format that is readily useable, including by mailing you a paper copy or providing an electronic copy to your registered account, if you have registered an account with us. For requests for deletion of your information, please understand that California law permits us to retain certain information and not to delete it under certain circumstances. By way of example, we are not required to comply with a request to delete information if (1) the information is necessary for us to (a) complete a transaction for you or otherwise perform a contract; or (b) detect, protect against, or prosecute security incidents, fraud or illegal activity; (2) we use the information only internally in ways reasonably aligned with your expectations as our customer, and (3) we are required to retain the information to comply with legal obligations. If we receive such a request from you, we will notify any service providers we have engaged and provided your information to delete your information as well.

Selling Information. We do not sell your information for monetary consideration, and we do not disclose your information for other valuable consideration. If, in the future, we enter into arrangements that fall within the definition of a ‘sale’ under the CCPA, we will update this Privacy Policy.

Using an Authorized Agent. You may submit a request through someone holding a formal ‘Power of Attorney’. Otherwise, you may submit a request using an authorized agent only if (1) the person is registered with the Secretary of State to do business in California, (2) you provide the authorized agent with signed written permission to make a request, (3) you verify directly with us that you have authorized the person to make the request on your behalf, (4) you verify your own identity directly with us, and (5) your agent provides us with proof that they are so authorized. We will require the agent to submit proof to us that they have been authorized to make requests on your behalf.

Categories of Information Collected. During the past 12 months we may have collected the following categories of information about California residents from the listed sources, used it for the listed business purposes and shared it with the listed categories of third parties.

Categories of Personal Information That We Collect	To Whom We Disclose Personal Information for Business Purpose
Identifiers – this may include name, unique personal identifier, online identifier, IP address, device ID, email address or other similar identifiers.	· Business partners and Third Party Providers · Data analytics providers · Government entities · Internet service providers · Payment processors and banks · Social media platforms
Financial information – this may include bank account number, credit or debit card number, or other financial information.	· Government entities · Internet service providers · Payment processors, banks and other Third Party Providers
Commercial information – this may include information about Website purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	· Business partners · Data analytics providers · Government entities · Internet service providers · Payment processors, banks and other Third Party Providers · Social media platforms
Network activity data – this may include internet or other electronic network activity information, such as browsing history, search history, and information regarding an individual’s interaction with an internet website, application, or advertisement.	· Third Party Providers · Data analytics providers · Government entities · Internet service providers · Social media platform

Contact Information

If you would like to request additional information regarding this Privacy Policy or if you have feedback about our Website or questions about The Clever Baby’s products, please contact us at dataprivacy@thecleverbaby.com.