Privacy Policy

Baby+Company Privacy Policy
Last updated April 2015

This Privacy Policy discloses the information practices of Baby+Company that are applicable to the information provided or obtained by Baby+Company through this, or any associated, website, including any electronic forms contained herein or thereon (collectively, the “Website”). For purposes of this Privacy Policy, “Baby+Company” means and includes each of the Baby+Company-branded centers and affiliates, Maternity Centers of America LLC, and its/their affiliates and subsidiaries and its and their investors, officers, directors, employees, agents, representatives and assigns. We encourage you to read this Privacy Policy carefully. Terms not defined in this Privacy Policy shall have the meaning set forth in Baby+Company’s Terms of Use. By accessing, viewing, and/or using the Website, each user (individually, “User” or “you” and collectively, “Users”) understands and agrees to the privacy practices contained herein.  If you object to anything in this Privacy Policy or otherwise do not understand or agree to be bound by this Privacy Policy, do not use the Website and exit this Website immediately.

Important Note: The Baby+Company Notice of Privacy Practices is a separate document that governs how medical information about you may be used and disclosed by Baby+Company. The Notice of Privacy Practices is available at [INSERT LINK].

1. Notice of Privacy Policy Changes.  Baby+Company may update this Privacy Policy at any time and without providing notice to you. Users are encouraged to carefully review this Privacy Policy upon each visit to this Website for the latest information on Baby+Company’s information practices.

2. Information Collection, Use and Removal. Baby+Company collects, stores, analyzes and uses information, content and materials Users post or submit via the Website, including without limitation, contact information (such as name, email address and physical address) and financial information (such as credit card number and expiration date) (collectively, “User Information”). User Information will be used by Baby+Company, or third parties on Baby+Company’s behalf, for purposes relating to the Website and Baby+Company’s services, including, without limitation, billing, payment, customer service matters, providing you with updated information regarding the Website and Baby+Company’s services, and for the other purposes set forth herein. User medical information provided to Baby+Company will be used and maintained by Baby+Company as set forth in the Notice of Privacy Practices. User should not disclose medical information when communicating with Baby+Company Website customer support, either by email at info@BabyAndCompany.com, by phone, or by any other means. Any medical information User discloses to Baby+Company customer support may not be subject to federal or state medical privacy regulations. User consents to the collection, storage, analysis and use of User Information as set forth in this Privacy Policy. For assistance in removing User Information from Baby+Company’s database, please contact us at info@Baby+Company.com.

3. Use of Tracking Technologies. Baby+Company and third parties on Baby+Company’s behalf use various tracking technologies, including without limitation cookies, web beacons, tokens, web analytics and other clickstream data, to collect, store, analyze, use and disclose information from and about Users’ devices, Users’ activities on the Website, and Users’ activities on the Internet, generally, in order to:

A. facilitate User access to Baby+Company’s services;
B. offer a personalized experience when visiting the Website and using the Internet, generally;
C. deliver the products and services requested;
D. manage User accounts and provide Users with customer support;
E. perform research and analysis about the use of, or interest in, Baby+Company products, services, or content, or products, services, or content offered by third parties;
F. communicate by email, postal mail, telephone and/or mobile devices about products or services that may be of interest to Users, either from Baby+Company or other third parties;
G. track Users’ use of the Website and advertisements;
H. develop, deliver, and display targeted content and advertising on the Website and other websites;
I. measure the effectiveness of online advertising, content, programming or other activities;
J. enforce our Terms of Use and the Notice of Privacy Practices;
K. process payment for any purchases made on the Website;
L. protect against or identify possible fraudulent transactions;
M. perform functions as otherwise needed to manage Baby+Company’s business; and
N. perform functions as otherwise described to Users at the time of collection.

4. Information Sharing. Baby+Company will disclose User Information to third parties only in the ways and for the purposes that are described in this Privacy Policy, the Terms of Use, and Notice of Privacy Practices. Baby+Company may disclose User Information in Baby+Company’s sole discretion: (a) to third parties that provide services on behalf of Baby+Company and/or in connection with the Website; (b) if required or permitted pursuant to any applicable law, regulation, or court or administrative order; (c) in connection with any User’s violation of or to otherwise enforce Baby+Company’s rights under the Terms of Use, Notice of Privacy Practices, or other agreements with Baby+Company; (d) to protect the property of Baby+Company; or (e) to protect the personal safety and/or rights of employees of Baby+Company, other Users, or members of the public. Further, and notwithstanding anything herein to the contrary, Baby+Company may transfer, sell and/or distribute User Information to third parties: (x) with the exception of Protected Health Information, for the satisfaction of any debt or upon liquidation of Baby+Company should such a situation arise; (y) to a purchaser or transferee of all or a portion of Baby+Company’s assets in conjunction with the sale or transfer of such assets; and/or (z) with the exception of financial and Protected Health Information, at or for any other purpose in Baby+Company’s sole discretion.

5. Consent. By using the Baby+Company Website, User consents to Baby+Company’s collection, storage, analysis, use and disclosure of User Information as set forth in this Privacy Policy, Baby+Company’s Terms of Use, and Notice of Privacy Practices.

6. Third Party Websites. The Website may contain third party advertising and links to third party websites. Baby+Company is not responsible for the privacy practices or policies of these advertisers or websites. Please contact such advertisers or websites directly for more information about their privacy practices. Baby+Company expressly disclaims, and each User expressly releases Baby+Company from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages, arising from and/or in any way related to third party advertisers and/or the use of links to third party websites that may appear on the Baby+Company Website, including without limitation such websites’ availability, privacy policies, content, advertising, and/or products or other materials.

7. Security. Baby+Company uses commercially reasonable security measures in an attempt to keep User Information secure, including without limitation Secure Socket Layer (SSL) technology for sensitive User Information such as financial information. However, no data transmitted over or accessible through the Internet can be guaranteed to be 100% secure. As a result, Baby+Company does not represent or warrant that User Information will be completely secure from misappropriation by hackers or from other nefarious or criminal activities, or in the event of a failure of computer hardware, software, or a telecommunications network. Any User Information is provided to Baby+Company at User’s own risk.

8. Information Retention Policy. Baby+Company may retain User Information for an indefinite length of time in order to preserve the integrity of Baby+Company databases, among other reasons. User consents to Baby+Company’s storage of all such User Information for this indefinite length of time, at Baby+Company’s sole discretion. If required by law, as is the case to comply with the Children’s Online Privacy Protection Act (COPPA), Baby+Company will delete User Information by erasing it from Baby+Company’s database upon written request. Baby+Company will also respond to written member requests to nullify User Information that is eligible for nullification in accordance with Baby+Company’s then-current policies. However, Baby+Company will retain and use User Information as necessary to comply with legal obligations, resolve disputes, and enforce Baby+Company’s Terms of Use and Notice of Privacy Practices or other agreements. Any requests for such nullification will require verification of User’s identity. For nullification of User Information, or if you have any questions regarding this policy, please contact Baby+Company at info@BabyAndCompany.com.

9. DISCLAIMER AND LIMITATION OF LIABILITY. THIS WEBSITE CANNOT BE ABSOLUTELY PROTECTED AGAINST INTRUSION ATTEMPTS. BABY+COMPANY DOES NOT CONTROL THE DEVICES, COMPUTERS, OR INTERNET CONNECTIONS OVER WHICH YOU MAY CHOOSE TO SEND USER INFORMATION, AND, THEREFORE, CANNOT PREVENT INTERCEPTIONS OR COMPROMISES OF YOUR INFORMATION WHILE IN TRANSIT TO, OR ENTERED OR STORED ON OR IN, THE BABY+COMPANY WEBSITE. BABY+COMPANY MAKES NO GUARANTEE AS TO, AND HEREBY DISCLAIMS ALL LIABILITY WITH RESPECT TO, THE SECURITY, INTEGRITY, OR CONFIDENTIALITY OF ANY USER INFORMATION TRANSMITTED TO OR FROM, OR STORED WITHIN, THIS WEBSITE. YOU ASSUME THE SOLE RISK OF USING THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, BY TRANSMITTING USER INFORMATION TO BABY+COMPANY THROUGH THE WEBSITE. IN NO EVENT SHALL BABY+COMPANY BE LIABLE TO YOU OR ANY OTHER PARTY FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES, OR FOR ANY FEES AND PENALTIES WHICH MAY ARISE IN CONNECTION WITH YOUR USE OF THE WEBSITE OR CONNECTIVITY TO OR FROM THIS WEBSITE IN ANY MANNER, INCLUDING YOUR DISCLOSURE OF USER INFORMATION TO BABY+COMPANY.

10. Choices Available to Users. Users can choose not to provide certain User Information, but the failure to provide certain User Information may result in the User being unable to use certain features of the Website or services, such as registration and use of teleconsultation services. Users can correct, delete inaccuracies, change or remove account information at any time by adjusting the User profile.

11. Electronic Communications from Baby+Company. By using the Website, You hereby consent to Baby+Company and/or third parties acting on behalf of Baby+Company sending to User electronic messages relating to Baby+Company’s services and the business of Baby+Company. Users may choose whether to receive communications from Baby+Company or third parties with which Baby+Company has a commercial relationship by adjusting the User profile. Users who need assistance opting out of communications can contact Baby+Company at info@BabyAndCompany.com. Users will be given the opportunity, in any commercial email sent by Baby+Company, to opt-out of receiving such communications in the future using the link at the bottom of the email, although Users may not opt-out of receiving administrative emails. It may take up to 10 days to process an opt-out request. Opting out of Baby+Company communications will not automatically opt User out of third-party linked Websites.

12. Public Forums. Any User Information disclosed in public areas of the Website, such as message boards, becomes publicly-available information, and Users should exercise caution when deciding to disclose such User Information publicly. Baby+Company expressly disclaims, and each User expressly releases Baby+Company from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages, arising from and/or in any way related to any User Information, including without limitation to any acts by Users or third parties with respect to such User Information. To request removal of User Information from Baby+Company’s public areas, contact Baby+Company at info@BabyAndCompany.com. In some cases, Baby+Company may not be able to remove User Information, in which case Baby+Company will let User know if and why it is unable to do so.

13. Protection of Children’s Privacy. The Website is not directed to children, and Baby+Company does not anticipate that the Website is likely to be accessed by children. Therefore, Baby+Company does not intend to collect information from individuals under 18 years of age or who have not been legally emancipated. If it is discovered that Baby+Company has inadvertently collected information from an individual not meeting these requirements, Baby+Company will promptly take all reasonable measures to delete that data from databases and systems.

14. Governing Law. This Privacy Policy shall be construed in accordance with the laws of the State of Delaware.

15. Contacting Baby+Company. If you have questions about this Privacy Policy, please contact Baby+Company at:
By email: info@BabyAndCompany.com

By mail: 590 New Waverly Place, Suite 210, Cary, North Carolina 27518

Baby and Company