PRIVACY POLICY

Last Updated: April 9th, 2021

The privacy and security of your information is important to us. This Privacy Policy explains how Evenflo Colours, Inc(“Evenflo Colours, Inc,” “we” or “us”) collect, use, and share your information. This privacy policy applies to information collected by us through any means, including through our website https://www.evenflocolours.com/ and our social media pages (collectively, “Sites”) and from customers who purchase our products.

By visiting, accessing, or using our Sites, purchasing our products, or by providing information to us, you consent to our collection, use, storage, and sharing of your information as described in this Privacy Policy. If you disagree with anything in this Privacy Policy, you should not visit, access, or use our Sites or provide your information to us.

If you are under 13 years of age, please do not use our Sites and do not send us any information about yourself.

If you are a California resident, you may have additional rights as described below in the section entitled “CALIFORNIA PRIVACY RIGHTS.”

If you are outside the United States, by using our Sites or by providing your information to us, you are consenting to having your Personal Information transferred to and stored in the United States. Specific additional rights may apply where required by applicable law.

INFORMATION WE COLLECT

We collect certain information that identifies, relates to, describes, and is reasonably capable of being associated with a particular consumer or household (“Personal Information”). Personal Information does not include publicly available information in government records or de-identified, anonymized, or aggregated consumer information.

We collect Personal Information and other information from or about you in a few different ways. Specifically, we may collect or receive information: (1) directly from you through information you provide; (2) indirectly from you by observing your actions on our website; and (3) from third parties such as Google, Facebook, and Instagram. Each of these is discussed in more detail below.

Information You Provide

You may provide information to us in a number of ways:

When you purchase our products, you will typically provide your name, telephone number, shipping address, and billing information, and you may also provide payment card information, tax identification number, resale certificate information, and/or VAT number.
When you contact us, the email address and/or telephone number you use to communicate with us generally will be collected and any additional information you provide may also be collected.
When you sign up for our mailing list, we will collect your name, email and/or mailing address.
If you submit an inquiry through our website, we will generally collect your name, email address, telephone number, and any other information you provide.
If you post information on our social media pages, that information may be collected and used by us (as well as other users of those sites and the public generally). Please do not post any information on any site that allows strangers to identify or locate you or that you otherwise do not want to share with the public.
When you submit a resume or application for employment, any information you provide will be collected and we may also obtain additional information through references, former employers, background checks, and credit reports.

Please note that, if you are visiting our website from a location outside of the United States, you will be connected through and to servers located in the United States. All information you provide will be maintained in our web server(s) and internal systems located in the United States. We do not transfer or store Personal Information outside the United States unless it is required for the delivery of our products to customers or required by a governing authority.

Information Indirectly Collected from You

Cookies and Other Technologies. We automatically collect information from you using cookies and other technologies on our website.

Cookies are small text files offered to your computer by servers in order to keep track of your browser as you navigate our website. We may use cookies and similar technologies to identify who you are and may use them when you visit our website, click on our ads, or click on links in our emails. Cookies also enable us to remember your user preferences for our website. Cookies and other technologies may also be used for site maintenance and analysis, performing network communications, authenticating users, serving contextual advertisements, and protecting against fraud and theft. You can block or remove cookies using your Internet browser’s settings. Each browser is different, so check the “Help” menu of your browser to learn how to change your cookie preferences. To manage flash cookies, please see Flash Player Help. If you block or remove cookies, you may not be able to perform certain transactions, use certain functionality, and access certain content on our website.

We use three primary types of cookies:

Functional Cookies – These cookies support the use of the website and enable certain features to enhance your experience. For example, functional cookies remember your selections as you move from page to page.
Performance Cookies – These cookies collect information needed to support the website and our applications and allow us to identify problems and improve the website – for example, performance cookies may provide us with information about how you came to our website and how you navigate through our website.
Targeting Cookies – These cookies may be used to collect information from you to help us improve our products and services and to serve you with targeted advertisements that we believe are relevant for you.

Clear GIFs (a.k.a. web beacons, web bugs or pixel tags), are tiny graphics with a unique identifier, similar in function to cookies. Clear GIFs are embedded invisibly on web pages. We may use clear GIFs, in connection with our website to, among other things, track the activities of visitors, help us manage content, and compile statistics about usage of the website. We and our third party service providers also use clear GIFs in HTML emails to our client, to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.

“Do Not Track” is a privacy setting that users can set in certain web browsers. If turned on, this setting requests that website not track information about users. At this time, we do not respond to “Do Not Track” browser settings or signals.

Traffic Data. We automatically track and collect general log information when you visit our website, including your: (a) Internet Protocol (IP) address; (b) domain server; (c) operating system; and (d) type of web browser; and (e) the pages you visit on our website (collectively “Traffic Data“). Traffic Data does not personally identify you. We use the Traffic Data to report aggregated website activity and to better understand the needs of our users so we can make informed decisions regarding the content and design of our website. We may collect Traffic Data through various technologies including, but not limited to, cookies, IP addresses, and clear GIFs (Graphics Interchange Format, a software technology also known as a pixel tag).

Third Party Websites and Social Media Services. Our website may include links to third party websites or social media services where you may be able to post comments, reviews or other information. We may monitor comments and reviews regarding us, our products, or our Sites that you publicly post on social media or customer review sites. In addition, please note that your use of these third party websites or social media services may result in those sites collecting information about you. We are not responsible for these third party websites or social media services and you should review their privacy policies to make sure you understand the information that may be collected, used, and shared by those sites.

Information from Third Parties

Distributors. We have access to or obtain Personal Information from entities that we use to distribute our products.

Social Media Sites. To the extent you post information on our social media sites, we may collect such information. We may also receive Personal Information about you through certain social media sites such as Facebook, Instagram, and LinkedIn.

Third Party Analytics Services. We may work with third party analytics services such as Google Analytics to help us understand how our Sites are being used, such as tracking the frequency and duration of use of website and social media pages. These analytics services may use cookies and other technologies to collect information about the content you view, what website you visit immediately prior to and after visiting our website, and your system information and geographic information. The information generated by these technologies about your use of sites may be transmitted to and stored by the applicable analytics services. We receive reports of aggregated data from these services, but we do not receive Personal Information about individual users.

Categories of Information Collected

In the 12 months preceding the Last Updated date of this Policy, we have collected or received the following categories of Personal Information about consumers:

Category	Examples of What We May Collect	Collected
A. Identifiers.	A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol (IP) address, email address, account name.	YES
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).	A name, address, telephone number, employment. Some personal information included in this category may overlap with other categories.	YES
C. Protected classification characteristics under California or federal law.	Sex (including gender, gender identity, gender expression	YES
D. Commercial information.	Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	YES
E. Biometric information.	Genetic, physiological, behavioral, and biological characteristics, such as DNA sequences, fingerprints, facial geometry, voiceprints, iris or retina scans, and sleep, health or exercise data.	NO
F. Internet or other similar network activity.	Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.	YES
G. Geolocation data.	Physical location or movements.	YES
H. Sensory data.	Audio, electronic, visual, thermal, olfactory, or similar information.	NO
I. Professional or employment-related information.	Current or past job history or performance evaluations.	YES
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).	Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.	NO
K. Inferences drawn from other personal information.	Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	YES

HOW WE USE YOUR INFORMATION

We and our service providers may use Personal Information for the following purposes:

To process orders from our customers and deliver products to our customers.
To market and promote our products.
To respond to your inquiries.
To manage any contractual relationship between us.
To present our website and related content to you.
To evaluate and make improvements to our website or social media presences.
To diagnose and fix problems with our website.
To secure our website and to prevent or detect criminal, unlawful, or harassing actions or conduct.
To provide product updates, news, and event information.
If you apply for a job, to verify previous employment and to conduct background checks (as permitted by law).
To provide any required reporting to governmental or regulatory entities.

On other occasions where we ask you for consent, we will use the information for the purposes we provide at that time. You have the right to withdraw your consent at any time; however, we may have other legal grounds for storing and/or using your information, including those identified above.

SHARING AND DISCLOSURE OF PERSONAL INFORMATION

We do not sell your Personal Information. We may share your Personal Information as follows:

Distributors. We may share Personal Information with entities that distribute our products so they can fulfill customer orders.
Service Providers. We may disclose Personal Information to third party vendors, contractors or agents who perform functions on our behalf (“Service Providers”). For example, we may contract with Service Providers to provide certain services, such as providing data storage and management, analytics services, marketing services, employee benefits services, payroll services, or payment processing services. We only provide our Service Providers with Personal Information necessary for them to perform these services on our behalf. Each Service Provider must agree to use commercially reasonable security procedures and practices, appropriate to the nature of the information involved, to protect your Personal Information from unauthorized acquisition, access, use, or disclosure. Service Providers may only use the Personal Information they obtain from us or collect on our behalf to provide services to us.
Business Transfers. If we are acquired by, or merged with, another entity, if substantially all of our assets are transferred to another entity, or as part of a bankruptcy proceeding, or if we are evaluating or in negotiations with respect to any such transaction, we may transfer, or make available, the Personal Information we have collected from you to the other entity or resulting legal entity.
Legal Process. We also may disclose the Personal Information we collect from you: to comply with applicable laws and regulations, a government investigation, a judicial proceeding, a court order, or other legal process (such as in response to a subpoena); or to respond to discovery requests or present evidence in a legal proceeding in which we are involved.
To Protect Us and Others. We also may disclose the Personal Information we collect from you where we believe such disclosure is needed to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, suspected violations of this Privacy Policy, and suspected violations of any applicable terms and conditions.
Aggregated and De-Identified Information. We may share aggregate or de-identified Personal Information with our service providers and/or affiliated companies for marketing, advertising, research, or similar purposes.
Job Applications. If you apply for a job position, some of your Personal Information may be shared with third parties in order to confirm your education, work history, and references, and to obtain background checks and credit reports if permitted by law.

In the 12 months preceding the Last Updated dated of this Policy, we have disclosed the following categories of Personal Information for a business purpose as described above:

Category A: Identifiers.

Category B: California Customer Records personal information categories.

Category C: Protected classification characteristics under California or federal law.

Category D: Commercial information.

Category E: Biometric information.

Category F: Internet or other similar network activity.

Category G: Geolocation data.

Category H: Sensory data.

Category I: Professional or employment-related information.

Category J: Non-public education information.

Category K: Inferences drawn from other personal information

CHILDREN’S PRIVACY

Our Sites and our products are not directed to children under the age of 13. Further, we do not knowingly collect Personal Information from children under the age of 13. If you become aware that your child has provided personally identifiable information without your consent and/or is under the age of 13, please contact us at privacy@bodyartalliance.com. If we become aware that we have unknowingly collected Personal Information from a child under the age of 13, we will take commercially reasonable efforts to delete such information from our records.

YOUR PRIVACY CHOICES

You may opt-out of receiving email communications and other marketing materials from us (or any third-party email marketing service we may use) via links provided in each email (usually at the bottom of the email).

USER-GENERATED CONTENT

You may be able to post content on or through our social media pages, including your comments, photos, or other information. If you post such content on social media pages, all of the information or content that you post may be visible to other visitors or users. Your postings and content may become public and we cannot prevent such information from being used by others in a manner that may violate this Privacy Policy, applicable law, or your personal privacy. Please carefully consider your content before posting. Further, please note that all such content is subject to removal if we determine, in our sole discretion, that it violates any applicable law, poses a security risk, infringes the rights of someone else, or constitutes a threat, defamation, or harassment.

LINKS TO THIRD PARTY WEBSITES OR PLATFORMS

Our website may contain links to third party websites or platforms. These links are provided for your convenience. We are not responsible for and have no control over the content on these other websites or platforms. The inclusion of a link on our website is not an endorsement. Please note that when you click on one of these links, you will leave our website and will be subject to the policies and privacy practices of the other website or platform, which may differ significantly from our Privacy Policy. Please review such third parties’ privacy policies before providing any Personal Information to them.

We make no representations or warranties, express or implied, regarding the content of any of these linked websites or platforms. WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR YOUR INTERACTION WITH SUCH THIRD PARTY WEBSITES OR PLATFORMS.

SECURITY OF YOUR INFORMATION

We use commercially reasonable security safeguards to help protect Personal Information from unauthorized access, alteration, loss, or disclosure. Despite these efforts, please understand that no system is perfect and we cannot guarantee that unauthorized access, theft, or loss of data will not occur. Please advise us immediately at privacy@bodyartalliance.com of any incident involving Personal Information in our custody or control.

CHANGES TO YOUR INFORMATION

If your Personal Information changes and you need to update it with us, you can do so by logging into your account with us (if you have one) and making any changes to the information stored there or by emailing us at privacy@bodyartalliance.com and letting us know what information in our records should be updated.

CHANGES TO THIS POLICY

We may revise this Privacy Policy at any time without advance notice to you. The most current version of our Privacy Policy will be posted on our website. Once posted, any changes to the Policy are effective immediately unless otherwise specifically noted. By continuing to access or use our Sites, purchase our products, or otherwise provide any information to us after any changes are posted, you agree to be bound by the terms of the revised Privacy Policy.

SEVERABILITY

The provisions of this Privacy Policy are intended to be severable. If for any reason any provision of this Privacy Policy shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

CHOICE OF LAW, JURISDICTION, AND VENUE

This Privacy Policy, your use of our Sites, and your provision of Personal Information to us shall be governed by and interpreted in accordance with the applicable laws of the United States and the State of Maryland without giving effect to any choice of law or conflict of law provision or rule. By accessing or using our Sites or otherwise providing information to us, visitors from outside of the United States acknowledge that their access and/or use is subject to the laws and regulations of the United States and the State of Maryland and waive any claims that may arise under other laws.

Any disputes arising from this Privacy Policy or your access to or use of our Sites shall be subject to the exclusive jurisdiction of the state and federal courts of the State of Maryland and venue shall lie in Howard County. By accessing or using any of our Sites or by providing your Personal Information to us, you consent and submit to the personal jurisdiction of such courts for such purposes and waive any and all objections as to jurisdiction or venue in such courts.

CALIFORNIA PRIVACY RIGHTS

The California Consumer Privacy Act (CCPA), California’s “Shine the Light” law, and the California Online Privacy Protection Act provide consumers who are California residents with specific rights regarding their Personal Information. If you are a California resident, this section describes your rights and explains how to exercise those rights.

Right to Information. Subject to certain limits, you may ask us to provide the following information for the 12-month period preceding your request:

The categories of Personal Information we collected about you;
The categories of sources from which the Personal Information was collected;
The business or commercial purpose for collecting the Personal Information;
The categories of third parties with whom we shared the Personal Information;
If we disclosed Personal Information for a business purpose, a list of the disclosures including the Personal Information categories that each category of recipient received; and
The specific pieces of Personal Information we collected about you.

We do not provide these information rights for Personal Information that we obtain through a business-to-business (B2B) relationship.

Right to Delete. You also have the right to ask us to delete any Personal Information that we have collected about you, subject to certain limitations as set forth under CCPA. We may deny your deletion request if the information is necessary for us or our service providers to, among other things, provide a good or service you requested, take actions reasonably anticipated in the context of our business relationship with you, perform a contract we have with you, detect and protect against security incidents or illegal activity, comply with a legal obligation, or exercise a right provided for by law.

Right to Nondiscrimination. We will not discriminate against you if you exercise your privacy rights under California law, including by:

Denying you goods or services.
Charging you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
Providing you a different level or quality of goods or services.
Suggesting that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, the CCPA permits us to offer you certain financial incentives that can result in different prices, rates, or quality levels, which are related to your Personal Information’s value. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time. We currently offer the following financial incentives in exchange for Personal Information we collect:

Email marketing campaigns, discounts on products and other various sales across the website that requests personal information such as email address, name and telephone number.

Submission of Requests for Information or to Delete. If you are a California resident, you may submit a request for information or a request to delete by:

Calling us at 800-241-9483

Emailing us at privacy@bodyartalliance.com – please provide your name, telephone number, and type of request (that is, a request for categories of information, a request for specific pieces of information, and/or a request to delete).

To protect your privacy and security, we will also take reasonable steps to verify your identity before providing your Personal Information and before deleting your information. Only you or someone legally authorized to act on your behalf may make a verifiable request related to your Personal Information. If you want to authorize someone else to make a request on your behalf, please contact us at privacy@bodyartalliance.com and provide your name, telephone number, the name of the person you want to authorize to make a request, and the type of request the person is authorized to make (that is, a request for categories of information, a request for specific pieces of information, and/or a request to delete). We will contact you if we need more information.

Responses to Requests. We do not charge a fee to respond to your request unless it is repetitive (more than twice in a 12-month period) or excessive. We generally will respond to your request within 45 days of its receipt. If we need more time to respond, we will inform you of the reason and we may take up to an additional 45 days to respond.

CONTACT US

If you have any questions or comments about this Privacy Policy, please contact us at:

Email: privacy@bodyartalliance.com

Mail: Evenflo Colours, inc

Attn: Privacy

1771 NW 79th Avenue, Doral, FL 33126