PRIVACY POLICY

Baby Phat understands that your privacy is important. By accessing the Site, you expressly consent and agree to the terms and conditions of this Privacy Policy, including our use and disclosure of your personal information in accordance with this Privacy Policy. If you do not agree, then please do not use or access the Site.

1. Information Collected. You can browse the Site without telling us who you are or disclosing any personally identifiable information about yourself. We may track information provided to us by your browser, including the web site you came from (known as the “referring URL”), the type of browser you use, the time and date of access, the content that you access and other information that does not personally identify you. If you choose to provide us with personal information, you consent to the transfer and storage of that information on our servers located in the United States.

Baby Phat may also collect personal information when you provide it to us, such as providing us with your emails, addresses, registering for a user account on the Site, requesting e-mail updates or catalogues or reminders for events and special dates or if we ask you to participate in a survey or questionnaire, or when you submit comments, suggestions and the like to us via the Site or otherwise. Baby Phat may collect information in connection therewith such as your name, address, e-mail address, phone numbers and other relevant information.

In addition, Baby Phat may store certain information when you purchase or return an item, provide shipping information for yourself or others or request a receipt, such as information your provide our third party processors, including, without limitation, transactional information based on your activities and purchases on the Site, and addresses you provide to ship an item to yourself or a third party. In addition we may store information we or our third party processors ask you to submit to authenticate yourself. We also may store information provided by you with respect to dispute resolution, such as correspondence that you send to us.

We do not sell or rent personally identifiable information to third parties for their marketing purposes.

2. Information Provided to Our Third Party Processors by You and Links to Third Parties’ Sites. We are not responsible for and have no control over the privacy policies of and use of information by third parties’ web sites that you link to from our web site, including, without limitation, any third party payment processor. Therefore, you should review such third parties’ sites and if any of such policies are not acceptable, you should not use such third parties’ sites or services. We are not responsible for the protection and privacy by such third parties of any information that you provide while visiting such sites and such sites are not governed by this Privacy Policy.

We may also use third party service providers to serve our advertisements on the Internet. These advertisers may collect information about your visits and use of the Site through the use of pixel tags and cookies. Such information does not include your name, address or other personal information. Our service providers may use the information about your visits to our websites and to other websites to provide advertisements about Baby Phat’s products to you when you visit the Site or other websites.

3. Cookies and Web Beacons. “Cookies” are elements of data that a web site can send to a user’s browser and store on a user’s computer. A “web beacon” or “pixel tag” is typically an image used to pass information from your computer or mobile device to a website. We may use cookies, web beacons and other means, devices and code on the Site to collect information about your use of the Site and to assist you with navigation during a user session or in completing certain forms and certain of these cookies, web beacons, devices and codes may be retained on your computer. We also may use cookies, web beacons, devices, code and other means to keep track of what you have in your shopping cart and to remember you when you return to the Site. You may disable certain cookies or similar technology, but please be aware that if you do so you may not be able to fully access or use the Site.

4. How the Information is Used. Baby Phat may use the information we collect and the information you give us to provide services to you or provide information, e-mails, notices and reminders that Baby Phat thinks you may find interesting or useful, or that you specifically request. We also use your personally identifiable information to address problems, protect against error, fraud and criminal activity and to inform you about items, services, offers and updates on or with respect to the Site and our products and services. We also may compare and review personal information to identify users using multiple identifications or aliases and to check for errors, omissions and accuracy. We also use your personal information to improve the Site and to analyze usage of the Site. In addition, we may use your personal information to provide you information relevant to your use of the Site.

5. Disclosure of Information. We provide your personally identifiable information to certain of our service providers, such as in connection with our email marketing services. We also provide your personally identifiable information to third parties in connection with credit card processing and shipping services. In addition, we provide your personally identifiable information in response to a verified request by law enforcement or other government officials relating to a criminal investigation or alleged illegal activity or any other activity that may expose us, you, or any user of the Site to legal liability. We also can release your personally identifiable information in connection with an investigation of fraud, theft, intellectual property infringement, piracy or other unlawful activity or activity that violates the Terms of Use or Privacy Policy. We may also disclose your personally identifiable information (i) to third parties in connection with an onward transfer resulting from a merger, acquisition or sale of assets of Baby Phat or (ii) to a third party working on behalf of or providing services to Baby Phat.