Privacy Policy

Last updated: [05/7/2024]

This Privacy Policy describes how Tushbaby, Inc. (“Tushbaby”) collects, uses, and discloses your personal information when you visit tusbhbaby.com (the “Site”), use Tushbaby’s services, make a purchase from the Site, or otherwise communicate with Tushbaby (collectively, the “Services”). For purposes of this Privacy Policy, “you” and “your” means you as the user of the Services, whether you are a customer, website visitor, or another individual whose information Tushbaby has collected pursuant to this Privacy Policy.

Please read this Privacy Policy carefully. By using and accessing any of the Services, you agree to the collection, use, and disclosure of your information as described in this Privacy Policy. If you do not agree to this Privacy Policy, please do not use or access any of the Services.

Changes to This Privacy Policy

Tushbaby may update this Privacy Policy from time to time, including to reflect changes to Tushbaby’s practices or for other operational, legal, or regulatory reasons. Tushbaby will post the revised Privacy Policy on the Site, update the “Last updated” date and take any other steps required by applicable law.

How Tushbaby Collects and Uses Your Personal Information

To provide the Services, Tushbaby collects personal information about you from a variety of sources, as set out below. The information that Tushbaby collects and uses varies depending on how you interact with Tushbaby. In addition to the specific uses set out below, Tushbaby may use information Tushbaby collects about you to communicate with you, provide the Services, comply with any applicable legal obligations, enforce any applicable terms of service, and to protect or defend the Services, Tushbaby’s rights, and the rights of Tushbaby’s users or others.

What Personal Information Tushbaby Collects

The types of personal information Tushbaby obtains about you depends on how you interact with the Site and use the Services. When Tushbaby uses the term “personal information,” Tushbaby is referring to information that identifies, relates to, describes or can be associated with you. The following sections describe the categories and specific types of personal information Tushbaby collect.

Information Tushbaby Collects Directly from You

Information that you directly submit to Tushbaby through the Services may include:

• Basic contact details including your name, address, phone number, email.
• Order information including your name, billing address, shipping address, payment confirmation, email address, phone number.
• Account information including your username, password, security questions.
• The items you view or put in your cart.
• Customer support information including the information you choose to include in communications with Tushbaby, for example, when sending a message through the Services.

Some features of the Services may require you to directly provide Tushbaby with certain information about yourself. You may elect not to provide this information, but doing so may prevent you from using or accessing these features.

Information Tushbaby Collects through Cookies

Tushbaby may also automatically collect certain information about your interaction with the Services (“Usage Data”). To do this, Tushbaby may use cookies, pixels and similar technologies (“Cookies”). Usage Data may include information about how you access and use the Site and your account, including device information, browser information, information about your network connection, your IP address and other information regarding your interaction with the Services.

Information Tushbaby Obtains from Third Parties

Finally, Tushbaby may obtain information about you from third parties, including from vendors and service providers who may collect information on Tushbaby’s behalf, such as:

• Companies who support the Site and Services.
• Tushbaby’s payment processors, who collect payment information (e.g., bank account, credit or debit card information, billing address) to process your payment in order to fulfill your orders and provide you with products or services you have requested, in order to perform our contract with you.
• When you visit the Site, open or click on emails Tushbaby sends you, or interact with Tushbaby’s Services or advertisements, Tushbaby, or third parties Tushbaby works with, may automatically collect certain information using online tracking technologies such as pixels, web beacons, software developer kits, third-party libraries, and cookies.

Any information Tushbaby obtains from third parties will be treated in accordance with this Privacy Policy. Tushbaby is not responsible or liable for the accuracy of the information provided third parties and is not responsible for any third party’s policies or practices. For more information, see the section below, Third Party Websites and Links.

How Tushbaby Uses Your Personal Information

• Providing Products and Services. Tushbaby uses your personal information to provide you with the Services, including to process your payments, fulfill your orders, to send notifications to you related to your account, purchases, refunds, or other transactions, to create, maintain and otherwise manage your account, to arrange for shipping, facilitate any returns and exchanges, and to enable you to post reviews.
• Marketing and Advertising. Tushbaby may use your personal information for marketing and promotional purposes, such as to send marketing, advertising and promotional communications by email, text message or postal mail, and to show you advertisements for products or services. This may include using your personal information to better tailor the Services and advertising on the Site and other websites.
• Security and Fraud Prevention. Tushbaby may use your personal information to detect, investigate or take action regarding possible fraudulent, illegal or malicious activity. If you choose to use the Services and register an account, you are responsible for keeping your account credentials safe. Tushbaby highly recommends that you do not share your username, password, or other access details with anyone else. If you believe your account has been compromised, please contact Tushbaby immediately.
• Communicating with you. Tushbaby uses your personal information to provide you with customer support and to improve Tushbaby’s Services. It is in Tushbaby’s interest to be responsive to you, to provide effective services to you, and to maintain a business relationship with you.

Cookies

Like many websites, Tushbaby uses Cookies on the Site. Tushbaby uses Cookies to power and improve the Site and Services (including to remember your actions and preferences), to run analytics and better understand user interaction with the Services (in Tushbaby’s legitimate interest to administer, improve and optimize the Services). Tushbaby may also permit third parties and service providers to use Cookies on the Site to better tailor the services, products and advertising on the Site and other websites.

Most browsers automatically accept Cookies by default, but you can choose to set your browser to remove or reject Cookies through your browser controls. Please keep in mind that removing or blocking Cookies can negatively impact your user experience and may cause some of the Services, including certain features and general functionality, to work incorrectly or no longer be available. Additionally, blocking Cookies may not completely prevent how Tushbaby shares information with third parties such as Tushbaby’s advertising partners.

Do Not Track Signals

Please note that Tushbaby does not change its practices in response to a “Do Not Track” signal in the HTTP header from a browser or mobile application.

How Tushbaby Discloses Personal Information

In certain circumstances, Tushbaby may disclose your personal information to third parties for legitimate purposes subject to this Privacy Policy. Such circumstances may include:

• With vendors or other third parties who perform services on Tushbaby’s behalf (e.g., IT management, payment processing, data analytics, customer support, cloud storage, fulfillment and shipping).
• With business and marketing partners to provide services and advertise to you. Tushbaby’s business and marketing partners will use your information in accordance with their own privacy notices.
• When you direct, request or otherwise consent to Tushbaby’s disclosure of certain information to third parties, such as to ship you products or through your use of social media widgets or login integrations, with your consent.
• With Tushbaby’s affiliates or otherwise within our corporate group, in Tushbaby’s legitimate interests to run a successful business.
• In connection with a business transaction such as a merger or bankruptcy, to comply with any applicable legal obligations (including to respond to subpoenas, search warrants and similar requests), to enforce any applicable terms of service, and to protect or defend the Services, our rights, and the rights of Tushbaby’s users or others.

Tushbaby does not control who will have access to the information that you choose to make available to others, and cannot ensure that parties who have access to such information will respect your privacy or keep it secure. Tushbaby is not responsible for the privacy or security of any information that you make publicly available, or for the accuracy, use or misuse of any information that you disclose or receive from third parties.

Third Party Websites and Links
The Site may provide links to websites or other online platforms operated by third parties. If you follow links to sites not affiliated or controlled by Tushbaby, you should review their privacy and security policies and other terms and conditions. Tushbaby does not guarantee and is not responsible for the privacy or security of such sites, including the accuracy, completeness, or reliability of information found on these sites. Information you provide on public or semi-public venues, including information you share on third-party social networking platforms may also be viewable by other users of the Services and/or users of those third-party platforms without limitation as to its use by us or by a third party. Tushbaby’s inclusion of such links does not, by itself, imply any endorsement of the content on such platforms or of their owners or operators, except as disclosed on the Services.

Children’s Data

The Services are not intended to be used by children, and Tushbaby does not knowingly collect any personal information about children. If you are the parent or guardian of a child who has provided Tushbaby with their personal information, you may contact Tushbaby using the contact details set out below to request that it be deleted.

As of the Effective Date of this Privacy Policy, Tushbaby does not have actual knowledge that Tushbaby “shares” or “sells” (as those terms are defined in applicable law) personal information of individuals under 16 years of age.

Security and Retention of Your Information

Please be aware that no security measures are perfect or impenetrable, and Tushbaby cannot guarantee “perfect security.” In addition, any information you send to Tushbaby may not be secure while in transit. Tushbaby recommends that you do not use unsecure channels to communicate sensitive or confidential information to Tushbaby.

How long Tushbaby retains your personal information depends on different factors, such as whether Tushbaby needs the information to maintain your account, to provide the Services, comply with legal obligations, resolve disputes or enforce other applicable contracts and policies.

Your Rights and Choices
Depending on where you live, you may have some or all of the rights listed below in relation to your personal information. However, these rights are not absolute, may apply only in certain circumstances and, in certain cases, Tushbaby may decline your request as permitted by law.

• Right to Access / Know. You may have a right to request access to personal information that Tushbaby holds about you, including details relating to the ways in which Tushbaby uses and shares your information.
• Right to Delete. You may have a right to request that Tushbaby delete personal information Tushbaby maintains about you.
• Right to Correct. You may have a right to request that Tushbaby correct inaccurate personal information Tushbaby maintains about you.
• Right of Portability. You may have a right to receive a copy of the personal information Tushbaby holds about you and to request that Tushbaby transfer it to a third party, in certain circumstances and with certain exceptions.
• Right to Opt out of Sale or Sharing or Targeted Advertising. You may have a right to direct Tushbaby not to “sell” or “share” your personal information or to opt out of the processing of your personal information for purposes considered to be “targeted advertising”, as defined in applicable privacy laws. Please note that if you visit the Site with the Global Privacy Control opt-out preference signal enabled, depending on where you are, Tushbaby will automatically treat this as a request to opt-out of the “sale” or “sharing” of information for the device and browser that you use to visit the Site.
• Right to Limit and/or Opt out of Use and Disclosure of Sensitive Personal Information. You may have a right to direct Tushbaby to limit its use and/or disclosure of sensitive personal information to only what is necessary to perform the Services or provide the goods reasonably expected by an average individual.
• Restriction of Processing. You may have the right to ask Tushbaby to stop or restrict its processing of personal information.
• Withdrawal of Consent. Where Tushbaby relies on consent to process your personal information, you may have the right to withdraw this consent.
• Appeal. You may have a right to appeal Tushbaby’s decision if Tushbaby declines to process your request. You can do so by replying directly to Tushbaby’s denial.
• Managing Communication Preferences. Tushbaby may send you promotional emails, and you may opt out of receiving these at any time by using the unsubscribe option displayed in our emails to you. If you opt out, Tushbaby may still send you non-promotional emails, such as those about your account or orders that you have made.

You may exercise any of these rights where indicated on the Site or by contacting Tushbaby using the contact details provided below.

Tushbaby will not discriminate against you for exercising any of these rights. Tushbaby may need to collect information from you to verify your identity, such as your email address or account information, before providing a substantive response to the request. In accordance with applicable laws, You may designate an authorized agent to make requests on your behalf to exercise your rights. Before accepting such a request from an agent, Tushbaby will require that the agent provide proof you have authorized them to act on your behalf, and Tushbaby may need you to verify your identity. Tushbaby will respond to your request in a timely manner as required under applicable law.

Complaints

If you have complaints about how Tushbaby processes your personal information, please contact Tushbaby using the contact details provided below. If you are not satisfied with the response to your complaint, depending on where you live you may have the right to appeal the decision by contacting Tushbaby using the contact details set out below, or lodge your complaint with your local data protection authority.

International Users

Please note that Tushbaby may transfer, store and process your personal information outside the country you live in, including the United States. Your personal information is also processed by staff and third-party service providers and partners in these countries.

Contact

Should you have any questions about our privacy practices or this Privacy Policy, or if you would like to exercise any of the rights available to you, please contact us at:
Tushbaby, Inc.

1990 N. California Blvd., 8th Floor
Walnut Creek, CA 94596
help@tushbaby.com