Privacy Policy

Last updated: January 1, 2020

The Boppy Company, LLC, a Colorado limited liability company, in conjunction with its parent company and other affiliates (collectively, the “Company”) provides this Privacy Policy in order to inform you regarding our efforts to protect your personal information. This Privacy Policy governs the collection of information on the Boppy.com website, the websites that link to it, as well as any information we may receive about you, directly or indirectly (collectively, the “Site”). For purposes of this Privacy Policy, the Site includes by definition, any web pages, interactive features, applications, widgets, blogs, social networks, social network “tabs,” or other online or wireless offerings that post a link to this Privacy Policy, whether accessed via computer, mobile device or other technology, manner or means. Please review this Privacy Policy periodically as we may modify it from time-to-time. Each time you visit the Site or provide us with information, by doing so you are accepting the practices described in this Privacy Policy at that time. For Terms and Conditions of Website, please visit Terms and Conditions.

Data Collection Disclosure

We collect information when you visit the Site, from you when you register, place an order, provide a product review, subscribe to our newsletter, respond to a survey, fill out a form on the Site, or otherwise provide information to us.

When ordering a product or registering on the Site, as appropriate, you will be asked to enter your: name, e-mail address, mailing address, phone number or credit card information, as well as your age, gender, due date and other household information. Much of this information is required information to place an order or register on the Site. If you do not wish to provide this information you may visit the Site and purchase our products through other online or retail stores.

Children under the age of 16 may not register on the Site, place an order, provide a product review, enter any online contests, participate in any online surveys or register for mailings or notices from the Company on the Site, and should not provide us their personal information. Although children under the age of 16 may visit the Site, we encourage parents to browse the Site with their children and discuss with them the responsibilities of using the internet. If the Company should inadvertently collect information from a child under the age of 16, we delete that information. Parents or legal guardians have the right to review their child’s personal information, delete it, or withdraw permission to allow further collection or use of that information.

We endeavor to collect only that information which is relevant for the purposes of Processing. Below are the ways we collect Personal Information and how we use it.

What types of information do we collect?

We collect Personal Information regarding current, prospective, and former clients, customers, users, visitors, guests, and employees. (collectively “Individuals”).

Information You Provide Directly to Us. When you use the Services or engage in certain activities, such as making an online purchase, responding to surveys, requesting Services or information, or contacting us directly, we may ask you to provide some or all of the following types of information:

  • Communications with Us. We may collect Personal Information from you such as email address, phone number or mailing address when you choose to request information about our Services, register for our Boppyhood newsletter, request to receive customer or technical support, or otherwise communicate with us.
  • From time to time, we may contact you to participate in online surveys. If you do decide to participate, you may be asked to provide certain information which may include Personal Information. All information collected from your participation in our surveys is provided by you voluntarily. We may use such information to improve our products, Sites and/or services and in any manner consistent with the policies provided herein.
  • Posting on the Site. You may post reviews of your purchases on our site. You should be aware that, when you disclose information about yourself in on our site, the site will collect the information you provide in such submissions, including any Personal Information. If you choose to submit content to any public area of the site, such content will be considered “public” and will not be subject to the privacy protections set forth herein.
  • Registration for Sweepstakes or Contests. Occasionally, we may run sweepstakes and contests. We ask those who enter in the sweepstakes or contests to provide contact information (e.g., an e-mail address). If you participate in a sweepstakes or contest, your contact information may be used to reach you about the sweepstakes or contest, and for other promotional, marketing and business purposes. All sweepstakes/contests entry forms will provide a way for participants to opt-out of any communications that are not related to awarding prizes.
  • Automatic Data Collection. Our servers automatically record certain information about how Individuals use our Services (we refer to this information as “Event Data”). Event Data may include information such as an Individual’s Internet Protocol (IP) address, cookie identifiers, MAC address, IMEI, Advertiser ID, and other device identifiers that are automatically assigned to your computer or device when you access the Internet, operating system, browser type and language, hardware type, the web page that a User was visiting before accessing our Services, the pages or features of our Services to which a User browsed and the time spent on those pages or features, search terms, the links on our Services that a User clicked on and other statistics. We use Event Data to administer the Services and we analyze (and may engage third parties to analyze) Event Data to improve, customize and enhance our Services by expanding their features and functionality and tailoring them to Individuals’ needs and preferences. We may use a person’s IP address to generate aggregate, non-identifying information about how our Services are used.
  • Location Information. We may collect and store information about your location by converting your IP address into a rough geo-location. We may use location information to improve and personalize our Services for you. If you do not want us to collect location information, you may disable that feature on your mobile device.
  • Information from Other Sources. We may receive information about you from other sources, including through Third-Party services and organizations to supplement information provided by you. This supplemental information allows us to verify information that you have provided to us and to enhance our ability to provide you with information about our business, products, and Services.

Does the Company use Social Media Plugins?

Yes. The Site may provide you with the ability to use third party social networking platforms such as Facebook, Pinterest, Twitter, and Google+. This includes use of social media plugins such as Facebook “Like”, Tweet, Pinterest “Pin,” Google “+1” buttons, etc. When you use social networking platforms and plugins, your username and password for the services and other information available about you or collected from you on these services may be shared with us.

When you use social networking platforms and plugins, you share your information with them and their privacy policy applies to disclosure of such information. We encourage you to review these privacy polices before agreeing to use any social networking platforms and plugins. In addition, these social networking platforms may collect information about you, including your activity or may notify your connections on the social networking platform about your use of the Site. Such services may allow your activity to be monitored across multiple websites for purposes of delivering more targeted advertising. We may add new social networking plugins and buttons to our websites from time to time.

What do we use your information for?

Any of the information we collect from you may be used in one of the following ways:

  • To personalize your experience (your information helps us to better respond to your individual needs)
  • To improve the Site (we continually strive to improve the Site based on information and feedback we receive from you)
  • To improve customer service (your information helps us to more effectively respond to customer service requests, deliver desired content and support needs)
  • To process transactions and respond to inquiries
  • To administer a contest, promotion, survey or other Site feature
  • To send periodic emails (the email address you provide for order processing, may be used to send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, etc.)
  • To improve our products or services (by using this Site you agree that any information provided to us by you regarding any of our products, including any product review, shall be owned by the Company and may be used by the Company to improve our products or services, without compensation to you).

How Do We Protect Your Information?

We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.

We offer the use of a secure server. All personal non-public information is transmitted to the Site via Secure Socket Layer (SSL) technology and then encrypted into our payment provider’s database only to be accessed by those individuals who are authorized with special access rights to such systems, and who are required to keep the information confidential.

Because information sent through the Internet travels from computer to computer throughout the world, when you give us information, that information may be sent electronically to servers outside of the country where you originally entered the information. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. Information that you disclose by use of this Site, by posting a message or using e-mail, potentially could be collected and used by others. This may result in unsolicited messages from third parties or use of such information by third parties for their own purposes, legal or illegal. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us or from our services, and you do so at your own risk. Once we receive your transmission, we use commercially reasonable efforts to ensure its security on our systems.

Do We Collect Your IP Address?

Like most e-commerce websites, each time you visit the Site, we automatically collect your IP address and the web page from which you came. In order to administer and optimize the Site for you and to diagnose problems with our Site, we use your IP address to help identify you and to gather broad demographic information about you.

Do We Use Cookies?

Yes. Cookies are small files that a website or its service provider transfers to your computer’s hard drive through your web browser (if you allow) that enables a website to recognize your browser and capture and remember certain information.

For example, we use cookies to help us remember and process the items in your shopping cart, understand and save your preferences for future visits and compile aggregate data about Site traffic and Site interaction so that we can offer better Site experiences and tools in the future.

You can always set your browser to refuse all cookies from this and other websites that you may visit. This will provide you with more control over the acceptance of cookies on your hard drive. However, it is possible that some portions of this website will not function properly or may perform more slowly if you choose to reject cookies. Remember also that disabling cookies is browser specific. If you log on using Internet Explorer, you must also disable cookies in Safari if you use that browser at a different time.

We may also collect information about your method of access such as your operating system (Windows 7, Windows 8, Mac, Linux, etc.) and your browser (Internet Explorer, Google Chrome, Safari, etc.).

By using the Site and not disabling cookies, you consent to allowing their use for the described purposes.

Google Analytics

The Site may use Google Analytics, a web analysis service provided by Google, in order to better understand your use of the Site and how we can improve it. Google Analytics collects information such as how often users visit a website, what pages you visit when you do so, and what other websites you used prior to coming to such website. Google Analytics collects only the IP address assigned to you on the date you visit a website, rather than your name or other identifying information. We do not combine the information collected through the use of Google Analytics with your personal information. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit a website, the cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to Client websites is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. Google utilizes the data collected to track and examine the use of the Client websites, to prepare reports on its activities and share them with other Google services. Google may use the data collected on the Client websites to contextualize and personalize the ads of its own advertising network. To more fully understand how Google may use the data it collects on the Client websites, please review “How Google uses data when you use our partners’ sites or apps.”

What Information Do Other Websites Collect From You?

On the Site we may place links to other websites operated by other parties. Some of these other websites may contain our brand names and trademarks and other intellectual property that we own; others may not. When you click on these links and visit these other websites, regardless of whether or not they contain our brand names, trademarks and other intellectual property, you need to be aware that we do not control these other websites or their business practices, and that this Privacy Policy does not apply to these other websites. Consequently, the operators of these other websites may collect different kinds of information about you, and may use and disclose that information in different ways than we would if it were collected on our Site. We encourage you to review their privacy policies and remind you that we will not be responsible for the actions of other websites.

Do We Disclose Any Information To Outside Parties?

We will provide information to third parties who assist us in operating the Site, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is necessary to comply with the law, enforce the Site policies, or protect ours or others rights, property, or safety. However, anonymous visitor information may be provided to other parties for marketing, advertising, or other uses.

We do share product reviews that you may post to the Site with other retailers who sell our products. By using the Site and posting a product review, you agree that we have the right to share your product review with other retailers that sell our products. You further agree that other retailers have the right to post your product review on their websites without further notice or permission from you. Once your product review is posted on other websites, your posting will be controlled by the policies of the other website. We encourage you to review their privacy policies and remind you that we are not responsible for the actions of other websites.

In the event that we sell, assign or transfer all or part of the Company’s business, we may transfer your personal information to the buyer. However, the buyer, assignee or transferee will be required to safeguard your personal information in a manner that is consistent with the requirements of this Privacy Policy.

Do Not Track and Opt Out Requests

California and Delaware laws require that we indicate whether we honor “Do Not Track” settings in your browser concerning targeted advertising. “Do Not Track” is a standard that is currently under development. As it is not yet finalized, we adhere to the standards set out in this Privacy Policy and do not monitor or follow any Do Not Track browser requests. To find out more about “Do Not Track,” and for opt out information, you may wish to visit http://www.allaboutdnt.com/.

Rights of Access, Rectification, Erasure, and Restriction

As set out below in more detail with respect to California resident privacy rights, you may inquire as to whether we are processing Personal Information about you, request access to Personal Information, and ask that we correct, amend or delete your Personal Information where it is inaccurate. Where otherwise permitted by applicable law, you may send an email to info@boppy.com or use any of the methods set out in this Privacy Policy to request access to, receive (port), seek rectification, or request erasure of Personal Information held about you by The Boppy Company. Please include your full name, email address and a detailed description of your data request. Such requests will be processed in line with local laws.

Although we make good faith efforts to provide Individuals with access to their Personal Information, there may be circumstances in which we are unable to provide access, including but not limited to: where the information contains legal privilege, would compromise others’ privacy or other legitimate rights, where the burden or expense of providing access would be disproportionate to the risks to the Individual’s privacy in the case in question or where it is commercially proprietary. If we determine that access should be restricted in any particular instance, we will provide you with an explanation of why that determination has been made and a contact point for any further inquiries. To protect your privacy, we will take commercially reasonable steps to verify your identity before granting access to or making any changes to your Personal Information.

California Online Privacy Protection Act Compliance

Because we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent unless they are being provided the information for the express purpose of fulfilling your order or delivering the purchase product or service you requested and have agreed to keep your information confidential.

California residents are legally entitled (at no charge and no more than once annually) to request information about how we may have shared your information with others for direct marketing purposes. To request this information, contact us at the address set forth below.

As part of the California Online Privacy Protection Act, all users of the Site may make any changes to their information at any time by logging into their Account page.

Privacy Notice For California Residents

As stated above, Boppy collects and processes information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household (“personal information”) in connection with use of the Site and our services, and in connection with purchases of products.  We collect and process the categories of personal information specified above, and below. We also may use, share, or disclose these categories of personal information for one or more of the indicated business or commercial purposes.

Categories

Purpose(s)

Identifiers

(A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers)

·   To fulfill or meet the reason you provided the information, such as fulfilling your orders and verifying your information.

·   To process your purchases, transactions, and payments.

·   To send administrative information to you, such as about your account or purchases or respond to your inquiries and requests for information.

·   To communicate with you about billing, orders, purchases, returns, services, promotions, campaigns, contests, sweepstakes, and accounts.

·   To inform you about our brand, products, promotions, events, or other promotional purposes, or to deliver desired content.

·   To improve your experience with our products and services, such as by personalizing your experience with us.

·   To allow you to participate in polls, sweepstakes, contests, and other promotions and to administer these activities.

·   To permit you to participate in social sharing.

·   To perform analytics, quality control, market research, and determine the effectiveness of our website and promotional campaigns.

·   To provide you with support, respond to your inquiries, investigate and address your concerns and monitoring and improve our responses.

·   To help maintain the safety, security, and integrity of our website, products and services, and properties.

·   To manage and operate our business, fulfill our legal obligations, and develop our website, products, and services.

·   To comply with applicable law and legal process.

·   To respond to requests from public and government authorities.

·   To detect, prevent, or investigate potential security incidents or fraud.

·   To facilitate the functionality of our website.

·   To enforce our terms and conditions.

·   As described to you when collecting your personal information.

Categories listed in the California Customer Records statute (Your age, name, gender,  address, telephone number, education, credit card number, debit card number, or any other financial information.)

Commercial information

(Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.)

Internet or similar network activity

(Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement)

Inferences drawn from other personal information (Profile reflecting a person’s preferences)

Household information (including due date, number of children, and age of children)

 

I. Right to Know About Personal Information Collected or Disclosed

You have the right to request that Boppy disclose to you: (1) the categories of your personal information collected; (2) the categories of sources from which your personal information was collected; (3) the categories of your personal information that were sold or disclosed for a business purpose, if any; (4) the categories of third parties to whom your personal information was sold, if any; (5) the business or commercial purpose for collecting and/or selling your personal information; and (6) the categories of third parties with whom we share your personal information. You also have the right to request to receive the specific pieces of your personal information collected by Boppy to the extent such information is maintained by, and available to, Boppy. 

To submit a request, please go to https://www.boppy.com/pages/request-personal-data or call +1(888) 772-6779.

In order to verify you are the person about whom we collected personal information you must verify your identity by matching at least two pieces of Personal Information provided by you during your transactions or interactions with us with Personal Information maintained by us, that we have determined to be reliable.

However, if your request involves receiving specific pieces of Personal Information (rather than categories of Personal Information), we must first verify your identity by matching at least three pieces of Personal Information provided by you with Personal Information maintained by either the website operator/retailer or us. Then, you must provide a signed declaration under penalty of perjury that you are the consumer whose Personal Information is the subject of the request.

We cannot respond to your request to provide any personal information if we cannot verify your identity using the information provided.

In the preceding 12 months, Boppy has not sold consumer personal information to third parties and will not sell such information.  Boppy has disclosed the above categories of consumer personal information, which have been obtained directly from you, to Service Providers such as email, cloud, and e-commerce software providers, merchant processors, e-commerce web-hosting and operators, freight and shipping companies, website developers, and other third-party service providers, for a business purpose.

II. Right to Request Deletion of Personal Information

You have the right to request that Boppy delete personal information that we collected from you and retained, subject to certain exceptions, including the ability to process and fulfill your orders, deliver desired content and services, and enter you into sweepstakes or other promotional programs, and to comply with our obligations under contract with third parties and/or our contract with you.

To submit a request, please go to https://www.boppy.com/pages/request-personal-data or call +1(888) 772-6779

In order to process your request, you must first verify you are the person about whom we collected personal information. If your request relates to non-sensitive information, we can verify your identity by matching at least two data points provided by you with two data points already maintained by us or the third-party retailer with whom we contract with to provide services to you.

However, if your request involves sensitive personal information, we must first verify your identity by matching at least three pieces of Personal Information provided by you with Personal Information maintained by us that we have determined to be reliable. Then, you must provide a signed declaration under penalty of perjury that you are the consumer whose Personal Information is the subject of the request.

III. Request Processing and Timing

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option. The response we provide will also explain the reasons we cannot comply with a request, if applicable.

Any disclosures we provide in response to data access and/or data portability requests will only cover the 12-month period preceding the receipt of your request. We will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance, which in most cases will involve Adobe PDF and comma delineated data files. We do not charge a fee to process or respond to your request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

IV. Right to Non-Discrimination for the Exercise of Privacy Rights

We will not discriminate against you for exercising any of your CCPA rights. This means that, unless permitted by the CCPA, your exercise of these rights will not result in Boppy: (1) denying you goods or services; (2) charging you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties; (3) providing you a different level or quality of goods or services; or (4) 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, please note that we cannot process orders and deliver services if we have to delete certain of your information.

V. Designating an Authorized Agent

You may use an authorized agent to submit a request to opt-out of the sale of personal information on your behalf if you provide the authorized agent written permission to do so.

If you use an authorized agent to submit a request for additional disclosures described in Section I or a request for deletion described in Section II, he or she must provide their name, email address, phone number, and written permission from you that includes your contact information.  We will contact you using the information provided and verify your identity directly with us. We cannot respond to your request to provide additional disclosures or delete any personal information if we cannot verify your identity and the authorized agent’s authority to make the request on your behalf.  Written permission is not required if the agent provides proof of power of attorney pursuant to Probate Code sections 4000 to 4465, or you are submitting the request on behalf of your minor child.

International Users

By using the Site, we will transfer data to the United States. By choosing to visit the Site, utilize the Services or otherwise provide information to us, you agree that any dispute over privacy or the terms contained in this Privacy Policy will be governed by the laws of Colorado, United States and the adjudication of any disputes arising in connection with The Boppy Company or the Site will be in accordance with the Terms.

If you are visiting from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your information to the United States and to Processing of your data globally. By providing your Personal Information, you consent to any transfer and Processing in accordance with this Policy.

Your Consent

By using the Site, you consent to our privacy policy and terms and conditions of sale.

Changes To Our Privacy Policy

This Privacy Policy may change from time to time. You understand and agree that you will be deemed to have accepted the updated Privacy Policy if you use the Services after the updated Privacy Policy is posted on the Services. If at any point you do not agree to any portion of the Privacy Policy then in effect, you must immediately stop using the Services.

New Uses of Personal Information. Additionally, before we use Personal Information for any new purpose not originally authorized by you, we will endeavor to provide information regarding the new purpose and give you the opportunity to opt out. Where consent of the Individual for the Processing of Personal Information is otherwise required by law or contract, we will endeavor to comply with the law or contract.

Right to Unsubscribe

You have the right to unsubscribe from any services that we offer, if you no longer want to participate. To do so, please use our “Contact Us” link on this Site for additional information or email us at info@boppy.com. Please note that there may be a short period of time for us to update your preference and ensure that we honor your request.

How to Contact Us

To contact us with a question or to update, modify or correct your information, please reach us on our Contact Us page or email us at info@boppy.com. You can also write to us at: The Boppy Company, LLC., 350 Indiana St., Ste.800, CO 80401, ATTN: Boppyhood.

Accessibility Pledge

Boppy pledges to provide an accessible experience for all online customers and visitors with disabilities. As part of our commitment, we will continue to improve the complete experience for our website users, and strive to comply with the recent and reasonable standards of the Web Content Accessibility Guidelines (WCAG).  If you have trouble accessing any portion of our website, please call +1(888) 772-6779 to speak with a representative to assist you.

As part of Boppy’s commitment to adhere to the Web Content Accessibility Guidelines (WCAG), we will also routinely evaluate our current and future web development. However, we ask that any perceived issues be reported to our web team at info@boppy.com. Our team will quickly and efficiently look into these issues for an immediate remedy.