Privacy Policy

Effective as of October 1, 2022.

This policy is effective as of September 2nd 2022. This Privacy Policy describes how BabyRx LLC (“BabyRx”, “we”, “us” or “our”) handles personal information that we collect through our digital properties that link to this Privacy Policy, including our website https://BabyRx.com (“Site”), as well as through social media, our marketing activities, our live events, and other activities described in this Privacy Policy (collectively, the “Services”).

Personal information we collect

Information you provide to us. Personal information you may provide to us through the Services includes:

• Contact data, such as your first and last name, salutation, email address, billing and mailing addresses, and phone number.
• Profile data, such as the username and password that you may set to establish an online account on the Site, and any other information that you add to your account profile.
• Pregnancy status data, such as whether you are trying, not trying, expecting or just had a baby.
• Communications data, based on our exchanges with you, including when you contact us through the Site, social media, or otherwise.
• Content data you choose to upload to the Service, such as text, images, audio, and video, along with the metadata associated with the files you upload.
• Transactional data, such as information relating to or needed to complete your orders on or through the Site, including order numbers and transaction history.
• Marketing data, such as your preferences for receiving our marketing communications and details about your engagement with them.
• Payment data needed to complete transactions, including payment card information or bank account number.
• Promotion data, including information you share when you enter a competition, promotion, or complete a survey. Please note that if you participate in a sweepstakes, contest, or giveaway through the Service, we may ask you for your contact data to notify you if you win, to verify your identity, and/or to send you prizes. In some situations, we may need additional information as a part of the entry process, such as a prize selection choice. These sweepstakes and contests are voluntary. We recommend that you read the rules and other relevant information for each sweepstakes and contest that you enter.

Information we obtain from social media platforms. We may maintain pages for BabyRx on social media platforms, such as Facebook, LinkedIn, Twitter, Google, YouTube, Instagram, Pinterest, TikTok, and other third-party platforms. When you visit or interact with our pages on those platforms, the platform provider’s privacy policy will apply to your interactions and their collection, use and processing of your personal information. You or the platforms may provide us with information through the platform, and we will treat such information in accordance with this Privacy Policy. Please see the “Other Sites and Services” section below regarding how such social media platforms use information they collect about you.

Information we obtain from other third parties. We may receive personal information about you from third-party sources. We may obtain your personal information from other third parties, such as advertising partners, referral partners and publicly available sources.

Information Collected by Automated Means We, our service providers, and our business partners may automatically log information about you, your computer or mobile device, and activity occurring on or through the Service, may automatically log the following information about you:

• Device information, such as your computer or mobile device operating system type and version number, manufacturer and model, device identifier (such as the Google Advertising ID or Apple ID for Advertising), browser type, screen resolution, IP address, the website you visited before browsing to our website, general location information such as city, state or geographic area.
• Online activity data, such as information about your use of and actions on the Service, such as pages or screens you viewed, how long you spent on a page or screen, navigation paths between pages or screens, information about your activity on a page or screen, access times, and length of access; and other personal information. Our service providers and business partners may collect this type of information over time and across third-party websites and mobile applications.

Referrals Users of the Service may have the opportunity to refer friends or other contacts to us. If you are an existing user, you may only submit a referral if you have permission to provide the referral’s contact information to us so that we may contact them.

How We Use Your Personal Information

We use your personal information for the following purposes and as otherwise described in this Privacy Policy or at the time of collection:

To operate the Service. We use your personal information to:

• provide, operate and improve the Service;
• provide information about our products and services;
• establish and maintain your user profile on the Service;
• send you announcements, updates, security alerts, and support and administrative messages;
• understand your needs and interests, and personalize your experience with the Service and our communications;
• provide support and maintenance for the Service; and
• respond to your requests, questions, and feedback.

For research and development. We analyze use of the Service to improve the Service and to develop new products and services, including by studying user demographics.

To display advertisements. We work with advertising partners to display advertisements on the Service or elsewhere online. These advertisements are delivered by our advertising partners and may be targeted based on your use of the Service or your activity elsewhere online. To learn more about your choices in connection with advertisements, please see the section below titled “Targeted online advertising.”

For marketing purposes. We may use your personal information to communicate with you about events or contests in which you participate, understand your needs and interests and personalize your experience with the Service and our communications, and send you BabyRx-related marketing communications as permitted by law. You will have the ability to opt-out of our marketing and promotional communications as described in the Opt out of marketing communications section below.

For compliance, fraud prevention, and safety. We may use your personal information and disclose it to law enforcement, government authorities, and private parties as we believe necessary or appropriate to: (a) protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims); (b) enforce the terms and conditions that govern the Service; (c) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity; and (d) to comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities.

To create anonymous, aggregated or de-identified data. We may create anonymous, aggregated or de-identified data from your personal information and other individuals whose personal information we collect. We make personal information into anonymous, aggregated or de-identified data by removing information that makes the data personally identifiable to you. We may use this anonymous, aggregated or de-identified data and share it with third parties for our lawful business purposes, including to analyze and improve the Service and promote our business.

With your consent. In some cases we may specifically ask for your consent to collect, use or share your personal information, such as when required by law.

How We Share Your Personal Information

We do not share your personal information with third parties without your consent, except in the following circumstances or as described in this Privacy Policy:

Service providers. We may share your personal information with third party companies and individuals that provide services on our behalf or help us operate the Service (such as customer support, payment providers, hosting, analytics, email delivery, marketing, and database management services). These third parties may use your personal information only as directed or authorized by us and in a manner consistent with this Privacy Policy, and are prohibited from using or disclosing your information for any other purpose.

Advertising Partners. We may sometimes share your personal information with advertising partners or enable these advertising partners to collect information directly via our Service. We do not control how these advertising partners use your personal information. Please review the relevant advertising partner’s privacy policy to learn about how it may use your personal information.

Professional advisors. We may disclose your personal information to professional advisors, such as lawyers, bankers, auditors and insurers, where necessary in the course of the professional services that they render to us.

For compliance, fraud prevention and safety. We may share your personal information with law enforcement, government authorities, and private parties as we believe necessary or appropriate for compliance, fraud prevention and safety purposes described above.

Mobile Terms of Service. We may provide functionality that enables you to disclose personal information to other users of the Service or the public. For instance, you may be able to submit content to the Service (such as comments, reviews, surveys, blogs, photos, and videos), and we will display your name, username, and a link to your user profile along with the content you submit. We do not control how other users or third parties use any personal information that you make available to other users or the public.

Other Users of the Service and the Public. We may provide functionality that enables you to disclose personal information to other users of the Service or the public. For instance, you may be able to submit content to the Service (such as comments, reviews, surveys, blogs, photos, and videos), and we will display your name, username, and a link to your user profile along with the content you submit. We do not control how other users or third parties use any personal information that you make available to other users or the public.

Business transfers. We may sell, transfer or otherwise share some or all of our business or assets, including your personal information, in connection with a business transaction (or potential business transaction) such as a corporate divestiture, merger, consolidation, acquisition, reorganization or sale of assets, or in the event of bankruptcy or dissolution.

Your Choices

In this section, we describe the rights and choices available to all users.

Access or update your personal information. If you have registered for an account with us, you may review and update certain personal information in your account profile by logging into the account.

Opt out of marketing communications. You may opt out of marketing-related emails by following the opt-out or unsubscribe instructions at the bottom of the email, or by contacting us at hello@babyrx.com. You may continue to receive service-related and other non-marketing emails.

Opt out of easy reordering. We will reach out when supplies are low or when it's time to size up or switch to the next stage product, and you can place a new order by simply responding. If you receive text messages from us, you may opt out of receiving further marketing text messages from us by replying STOP to our marketing message.

Cookies & browser web storage. We may allow service providers and other third parties to use cookies and similar technologies to track your browsing activity over time and across the Service and third party websites. Most browsers let you remove or reject cookies. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. Please note that if you set your browser to disable cookies, the Sites may not work properly. Similarly, your browser settings may allow you to clear your browser web storage.

Targeted online advertising. Some of the business partners that collect information about users’ activities on or through the Service may be members of organizations or programs that provide choices to individuals regarding the use of their browsing behavior or mobile application usage for purposes of targeted advertising. Review our Online Tracking Opt-out Guide for instructions on how to opt out of the use of targeted advertising.

Do not track. Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

Choosing not to share your personal information. Where we are required by law to collect your personal information, or where we need your personal information in order to provide the Service to you, if you do not provide this information when requested (or you later ask to delete it), we may not be able to provide you with our services. We will tell you what information you must provide to receive the Service by designating it as required at the time of collection or through other appropriate means.

User Generated Content

Certain features of the Service may allow you to upload content (e.g., comments or photos) directly to the Service (“User-Generated Content” or “UGC”). We or others may store, display, reproduce, publish, or otherwise use UGC, and may or may not attribute it to you. Others may also have access to UGC and may have the ability to share it with third parties. If you choose to submit UGC to any public area of the Service, your UGC will be considered “public” and will be accessible by anyone, including BabyRx.

Please note that we do not control who will have access to 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. We are not responsible for the privacy or security of any information that you make publicly available on the features permitting creation of UGC or what others do with information you share with them. We are not responsible for the accuracy, use or misuse of any such UGC that you disclose or receive from third parties.

Other Sites and Services

The Service may contain links to other websites and other online services operated by third parties. These links are not an endorsement of, or representation that we are affiliated with, any third party. In addition, our content may be included on web pages or online services that are not associated with us. We do not control third party websites or online services, and we are not responsible for their actions. Other websites and services follow different rules regarding the collection, use and sharing of your personal information. Any information submitted by you directly to such web pages or online services is subject to that third party’s privacy policy. We encourage you to read the privacy policies of the other websites and online services you use.

Security Practices

The security of your personal information is important to us. We employ a number of organizational, technical and physical safeguards designed to protect the personal information we collect. However, security risk is inherent in all internet and information technologies and we cannot guarantee the security of your personal information.

International Data Transfers

We are headquartered in the United States and may have service providers in other countries, and your personal information may be transferred to the United States or other locations outside of your state, province, or country where privacy laws may not be as protective as those in your state, province, or country.

As a general rule, children are not allowed to use the Service, and we do not seek or knowingly collect personal information from them. We define "children" as anyone under 16 years old. If we learn that we have collected personal information of a child without the consent of the child’s parent or guardian, we will delete it. We encourage parents with concerns to contact us at hello@babyrx.com.

Changes to this Privacy Policy

We reserve the right to modify this Privacy Policy at any time. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it on the Service. We may, and if required by law will, also provide notification of changes in another way that we believe is reasonably likely to reach you, such as via e-mail (if you have an account where we have your contact information) or another manner through the Service.

Any modifications to this Privacy Policy will be effective upon our posting the new terms and/or upon implementation of the new changes on the Service (or as otherwise indicated at the time of posting). In all cases, your continued use of the Service after the posting of any modified Privacy Policy indicates your acceptance of the terms of the modified Privacy Policy as well as take such other steps as required by law.

CONTACT INFORMATION.

We welcome your comments or questions about this privacy policy. You may also contact us at our address:

BabyRx, LLC.
Attn: Legal - Privacy
316 E 77th St., Unit 1A
New York, NY 10075

CHANGES TO THIS PRIVACY POLICY.

We may change this privacy policy. If we make any changes, we will change the Last Updated date above.

Notice to California Residents

This section applies only to California residents. It describes how we collect, use and share Personal Information of California residents in operating our business, and their rights with respect to that Personal Information. For purposes of this section, “Personal Information” has the meaning given in the California Consumer Privacy Act of 2018 (“CCPA”) but does not include information exempted from the scope of the CCPA.

Personal information that we collect, use and share

As we explain in this Privacy Policy, we use cookies and other tracking tools to analyze website traffic and facilitate advertising. If you would like to opt out of our (and our third party advertising partners') use of cookies and other tracking technologies, please email us at hello@babyrx.com

Here is a summary of how we currently collect, use, sell and share personal information about California residents covered by this Privacy Policy, and how we have collected, used and shared the information about California residents covered by this Privacy Policy in the preceding 12 months.

For identifiers and online identifiers, we:

• Collect contact information
• Source this information from content you choose to upload to the Service, profile information, and correspondence
• Collect it for the purpose of operating the Service, for research and development, for marketing purposes, and for compliance and fraud prevention
• Disclose it to advertising partners, professional advisors, authorities, business transferees, and others for business purposes
• Sell it to advertising partners, professional advisors, authorities, business transferees, and others

For commercial information, we:

• Collect transaction and marketing information
• Source this information from you and information that is automatically collected
• Collect it for the purpose of operating the Service, for research and development, for marketing purposes, and for compliance and fraud prevention
• Disclose it to advertising partners, professional advisors, authorities, business transferees, and others for business purposes
• Sell it to advertising partners (to facilitate online advertising)

For financial information, we:

• Collect payment information
• Source this information from you
• Collect it for the purpose of operating the Service, for research and development, for marketing purposes, for compliance and fraud prevention, and to creat anonymous, aggregated or de-identified data
• Disclose it to professional advisors, authorities, business transferees, and others for business purposes
• Do not sell it

For online identifiers, internet or network information, geolocation data, and inferences, we:

• Collect device and online activity information
• Source this information from automatically collected information
• Collect it for the purpose of operating the Service, for research and development, for marketing purposes, for compliance and fraud prevention, and to create anonymous, aggregated or de-identified data
• Disclose it to advertising partners, professional advisors, authorities, business transferees, and others for business purposes
• Sell it to advertising partners (to facilitate online advertising)

We do not currently collect professional or employment information, protected classification characteristics, education information, physical descriptions, biometric information, sensory information, or medical information

Your California privacy rights. As a California resident, you may have the rights listed below in relation to information we have collected about you as defined in the CCPA. However, these rights are not absolute, and in certain cases we may decline your request as permitted by law.

• Information. You can request the following information about how we have collected and used your Personal Information during the past 12 months, including the categories of personal information that we have collected; the specific pieces of personal information collected; the categories of sources from whom personal information is collected; the business or commercial purposes for which we have collected such personal information; the categories of personal information that we have sold or disclosed; and the categories of third parties to whom we have sold or disclosed the personal information.
• Access. You can request a copy of the Personal Information that we have collected about you during the past 12 months.
• Deletion. You can ask us to delete the Personal Information that we have collected from you.
• Right to opt-out of the “sale” of your Personal Information. Like many companies, we use services that help deliver interest-based ads to you. Our use of some of these services may be classified under California law as a “sale” of your Personal Information to the companies that provide the services because they collect information from our users (e.g., device data and online activity data) to help them serve ads more likely to interest you. You can request to opt-out out of this “sale” of your personal information by emailing hello@babyrx.com
• Opt-in. Because users younger than 16 years old are not allowed to use the Service, if we learn that you are younger than 16 years old, we will ask for your permission (or if you are younger than 13 years old, your parent’s or guardian’s permission) to sell your Personal Information before we do so.
• Freedom from Discrimination. You have the right to be free from unlawful discrimination for exercising any of the rights above.

Please note that the CCPA limits these rights by, for example, prohibiting us from providing certain sensitive information in response to an access request and limiting the circumstances in which we must comply with a deletion request. If we deny your request, we will communicate our decision to you. You are entitled to exercise the rights described above free from discrimination.

How to exercise your rights

You can request to exercise your information, access and deletion rights by:

• emailing hello@babyrx.com

Identity verification. CCPA requires us to verify the identity of the individual submitting the request before providing a substantive response to the request.

Authorized agents. California residents can empower an “authorized agent” to submit requests on their behalf. We will require the authorized agent to have a written authorization confirming that authority.

Mobile Terms of Service

The BabyRx mobile message service (the "Service") is operated by BabyRx (“BabyRx”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to BabyRx’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of BabyRx through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with BabyRx. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18339662614 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other BabyRx mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +18339662614 or email hello@babyrx.com

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.