Privacy Policy

USING THIS WEBSITE INDICATES THAT YOU ACCEPT THIS PRIVACY POLICY AND OUR TERMS OF USE. IF YOU DO NOT ACCEPT THIS PRIVACY POLICY OR OUR TERMS OF USE, DO NOT USE THIS WEBSITE.

This privacy policy (this "Privacy Policy") applies to your use of the www.babobotanicals.com website (the "Website"), which is owned and operated by BABO ("BABO", "us", "our" or "we"). Your privacy and security are important to us. Please read this Privacy Policy carefully to understand how we will use and protect the personal information you provide us. We will not share your personal information with anyone except as described in this Privacy Policy.

The effective date of this document is listed below. We do reserve the right to make changes to this Privacy Policy from time to time. Whenever we make a change, we will post the updated policy at this site with the date on which we made an update. We encourage you to check back periodically. If we make a material change to our Privacy Policy that would lessen your privacy rights, we will either continue to honor our prior policy, or we will ask for your consent to the change. Otherwise, your continued use of the Website once the revised Privacy Policy has been posted on the Website affirms your agreement to such changes.

1. WHAT INFORMATION WE COLLECT FROM YOU

1.1 Identifying Information vs. Non Identifying Information.
Our primary goal in collecting information from you is to provide you with an efficient and helpful experience while using the Website. In order to do so, the Website collects two types of information about you, Identifying Information and Non Identifying Information. "Identifying Information" refers to information that lets us know the specifics as to who you are and which can be used to identify, contact or locate you. We may also collect and use Identifying Information to verify your identity when you are making purchases via the Website. Examples of Identifying Information include your first name together with your last name, your credit card number, your mailing address and/or email address, and your phone number. Generally, we collect Identifying Information when you use the Website to make product purchases, fill out surveys, correspond with us, choose to submit testimonials, stories, photos or the like to the Website, or otherwise volunteer information about yourself. "Non Identifying Information" refers to information that does not by itself identify you or a specific individual. Examples of Non Identifying Information we may collect include demographic information, which web pages of ours are most often visited and which of our products are either receiving the most purchases or website visits. We may collect Non Identifying Information through any of the methods discussed above as well as automatically through use of industry standard technologies discussed further below.

1.2 Access and Change to Identifying Information.
Upon written request, BABO will use reasonable efforts to allow users to update or correct Identifying Information previously submitted but only to the extent such activities will not compromise privacy or security interests. Also, upon a user’s written request, BABO will functionally delete the user and his or her Identifying Information from the database where such information is stored; however, it may be impracticable to delete a user’s entry without some residual information being retained because of the nature in which backups of data are maintained.

For residents of Texas and Nebraska, please visit the “Your Privacy Choices” section of this Policy for additional information and options.

1.3 Information You Provide To Us.
You will have the opportunity to provide us with Identifying Information and Non Identifying Information which we will collect from you as follows:

(a) For visitors via email hyperlink. For visitors who provide photographs, stories, testimonials or other feedback about our products or our Website, or provide us any other information via correspondence or otherwise ("Content") directly via an email hyperlink on the Website, we collect your first and last name, email address and any Content included in the email.

(b) For customers purchasing products. If you make purchases at our online store, we will collect and maintain your name, email address, mailing address, telephone number, purchased product information, credit card number (or check or money order information if using such payment methods while ordering via mail), order tracking number, referring URL, IP address and a password. If you purchase a gift certificate at our online store, we will also collect the name, email address, mailing address, and telephone number of the recipient. Before confirming your order, you will have the opportunity to review the order form and make changes and additions to the information it contains and these changes will automatically be kept for future use. If you cancel an order or otherwise do not complete an order, we may use any email address or other information that you have entered for marketing purposes.

(c) For survey respondents. We occasionally send out surveys to our customers via email in order to solicit feedback about our products and services. If you complete a survey, we collect any Content provided by you and use it to improve our offerings and for marketing purposes.  

(d) For customers using chat. We have a live chat feature on our website to assist with our customer service and respond to customer inquiries. This chat feature collects personal information, including but not limited to email address and the content of chat communications. Please be advised that conversations with our live chat feature are recorded.

1.4 Information Collected Through Technology.
We or our third party service providers may collect information from visitors to the Website regarding the referring URL, your IP address, which browser you used to come to the Website, information regarding your domain server, the country, state and telephone area code where your server is located, your type of computer, timestamp data and the pages of the Website that you viewed during your visit. Some of this information is gathered through the following technologies:

(a) Cookies. In order to improve your user experience we may use cookies. "Cookies" are small pieces of information that are stored by your browser on your computer’s hard drive. Generally, cookies work by assigning to your computer a unique number that has no meaning outside of the Website. Our cookies do not generally contain any personally identifying information. Most web browsers automatically accept cookies, but you can usually configure your browser to prevent this. However, if you choose to decline cookies, you may not be able to fully experience the features of our Website.

(b) IP Address. You can visit many areas of the Website anonymously without the need to become a registered user. Even in such cases, we may collect IP addresses automatically. An IP address is a number that is automatically assigned to your computer whenever you begin service with an Internet Service Provider. Each time you access the Website and each time you request one of our pages, our server logs your IP address. Standing alone, your IP address is not necessarily personally identifiable.

(c) Web Beacons. BABO may use a variety of other technical methods for tracking purposes, including web beacons. Web beacons are small pieces of data that are embedded in web pages and e-mails. We may use these technical methods in HTML e-mails that we send our users to determine whether they have opened those e-mails and/or clicked on links in those e-mails. The information from use of these technical methods may be collected in a form that is personally identifiable.

1.5 Your Privacy Choices Regarding Cookies.

We may place or recognize a unique cookie on your browser when you visit our Website for purposes of serving you targeted advertising (also referred to as “online behavioral advertising”). At this time, our Website is configured to recognize the Global Privacy Control, and users who visit our Website with the Global Privacy Control enabled will have all but strictly necessary cookies blocked on our Website. You also may change your cookie preferences around online data collection by selecting your preferences through our cookie pop-up accessible when landing on our Website.

 

We also allow third-party companies to place their own cookies on your browser when you visit our Website, so that they can collect personally identifiable information about your online activities over time and across different sites and serve customized advertisements to you as you browse the Internet. Third parties, including Facebook, may use cookies, web beacons, and other storage technologies to collect or receive information and use that information to provide measurement services and target ads. Many of our marketing service providers are members of the Network Advertising Initiative (NAI), or the Digital Advertising Alliance (DAA), and have agreed to honor consumers’ requests to opt-out of behavior-based online advertising submitted through those organizations’ websites. To learn more about your choices regarding this type of data collection and your ability to opt-out of interest-based advertising by members of the NAI or the DAA, please visit the following sites:

 

• Digital Advertising Alliance opt out
• Network Advertising Alliance opt out

 

This Website uses analytics tools such as Google Analytics and Adobe Analytics, web analytics services provided by Google, Inc. and Adobe, Inc., respectively. Google Analytics and Adobe Analytics use cookies to help our Website analyze how you use the Website. The information generated by the cookie about your use of the Website (including your IP address) will be transmitted to and stored by Google and Adobe, respectively, in aggregate form. Google and Adobe may use this aggregated information in order to evaluate use of the Website, compile reports on the Website’s activity and other services relating to website activity and usage. You can learn more about how Google Analytics and how to opt out here: https://tools.google.com/dlpage/gaoptout. You can learn more about Adobe Analytics and how to opt out here: https://www.adobe.com/privacy/opt-out.html#customeruse.

2. 
   USE AND DISCLOSURE OF PERSONAL INFORMATION

2.1 Use of Identifying Information and Non Identifying Information.
We use Identifying Information and Non Identifying Information in order to fill your orders, to communicate with you about your orders or other requests and to send you informational and promotional materials, including about upcoming BABO promotions and events. In addition, we may use Identifying Information and Non Identifying Information to learn more about our community and/or customers so we can improve our products, promotions and events. Specific examples of how we may use your information that we collect are as follows:

(a) System Administration. We use your IP Address and other information discussed above in Section 1.4 for the purposes of system administration, to assist in diagnosing problems with our server, to monitor our system performance and the level of activity on the Website in general and about specific portions of our Website and how the traffic on our Website is apportioned and from where it may come, and to gather broad demographic information about our Website visitors and customers, so we can make it easier and more convenient for you to navigate and use the Website, and make our Website more useful and better targeted for you and our community in general.

(b) Personalization. We use Cookies and IP Addresses to provide features such as personalization. We may also use cookies to assist us in delivering content specific to your interests, such as informing you of certain third party offerings. To learn more, including about your choices with respect to this information, please review the “Your Privacy Choices Regarding Cookies” section of our Privacy Policy.

(c) Notices to Recipients Regarding Orders or Other Requests. If you have made a purchase via the Website, we may use your Identifying Information to send one or more emails regarding your order, including regarding customer service issues. We may also telephone you regarding fulfillment of your order.

(d) Newsletters & Promotional Emails; Opt-Out Option: We may offer free electronic newsletters and promotional emails regarding upcoming products, promotions, events and/or services offered on the Website. We may use your Identifying Information to send you newsletters and emails periodically listing current products, promotions, events and/or services, or other items available for purchase on our Website or from our marketing partners or sponsors. However, you have the choice to opt-out of receiving such newsletters and promotional emails for products and/or services offered on the Website by sending an email to us at hello@babobotanicals.com and/or following the instructions in our promotional email. Once we have processed your opt-out request, we will not send you promotional emails with respect to products and/or services offered by us through the Website unless you opt back in to receiving such communications directly.

(e) Reproduction of Content. If you submit Content to BABO, you agree that BABO may use your Identifying Information and such Content as permitted under this Privacy Policy, including reproducing the Content on the Website and in BABO’s marketing and advertising materials.

(f) Contact Information. If you contact us by telephone, email or letter, we may keep a record of your contact information, correspondence or comments. If you report a problem with the Website, we may collect this information in a file specific to you. In addition, if you provide us feedback through the Website, by email or by calling us, we may ask for your name and email address in order to send you a reply. You may contact us at hello@babobotanicals.com to request the removal of this information from our database, subject to section 1.2.

2.2 Disclosure of Personal Information.
(a) General Rule. Except as otherwise stated in this Privacy Policy, we do not sell, trade or rent your Identifying Information collected on the Website to others. BABO may disclose your Identifying Information to its related parties. Such related parties may use your Identifying Information only to the extent permitted to be used by BABO pursuant to this Privacy Policy.

 

(b) Service Providers and Third Parties. We may disclose your Identifying Information to third parties, including companies we retain to manage or host the Website, companies we retain to fulfill product purchases or to provide services to you on our behalf, and companies we retain as consultants to conduct research on our behalf. For example, we will share your credit card number with payment processors to confirm payment and share your name and mailing address information to the mail or delivery service to deliver and track products that you ordered.

We use Hotjar in order to better understand our users’ needs and to optimize this service and experience. Hotjar is a technology service that helps us better understand our users’ experience (e.g. how much time they spend on which pages, which links they choose to click, what users do and don’t like, etc.) and this enables us to build and maintain our service with user feedback. Hotjar uses cookies and other technologies to collect data on our users’ behavior and their devices. This includes a device’s IP address (processed during your session and stored in a de-identified form), device screen size, device type (unique device identifiers), browser information, geographic location (country only), and the preferred language used to display our website. Hotjar stores this information on our behalf in a pseudonymized user profile. Hotjar is contractually forbidden to sell any of the data collected on our behalf. For further details, please see the ‘about Hotjar’ section of Hotjar’s support site.

With respect to Non Identifying Information, we also share website usage information we gather from visitors to the Website who have received a targeted promotional campaign with our third-party advertising partners for the purpose of targeting future campaigns and upgrading visitor information used in reporting statistics. For this purpose, we and our third-party partners may note some of the pages you visit on the Website through the use of web beacons. In addition, we may provide aggregated statistics about our customers, sales, traffic patterns, and related Website information to third parties.

 

We reserve the right to use or disclose de-identified, aggregate, and/or anonymized information with third parties for any purpose permitted by applicable law.

(c) Enforcement of Law and/or Terms of Use. From time to time, we may be required by law enforcement or judicial authorities to provide Identifying Information to the appropriate governmental authorities. We will disclose Identifying Information upon receipt of a court order or subpoena or to cooperate with a law enforcement investigation. We fully cooperate with law enforcement agencies in identifying those who use our products or services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful. Moreover, we may use or release account information and Identifying Information when we believe that such release is reasonably necessary to enforce or apply our Terms of Use or to protect the rights, property and safety of our users, others and ourselves.

(d) Change in Control. We may transfer your Identifying Information to a successor in interest to BABO if BABO is acquired by or merged with another organization. In such event, BABO will use reasonable efforts to notify you (either by posting notice on the Website or by email to you at the last known email address) before information about you is transferred and becomes subject to a different privacy policy, provided however, in the event BABO fails to notify you, your Identifying Information will still be transferred but subject to the provisions of this Privacy Policy.

3. OPTING-OUT

We may from time to time send you email or other communications regarding current promotions, specials and new additions to the Website. If you have supplied us with your telephone number(s) you may receive telephone calls from us with information or requests for information regarding an order you have placed. You may "opt out" or unsubscribe from our newsletters and non-transactional related emails and disclosures to third parties for promotional purposes by following the unsubscribe instructions in any email you receive from us or by sending an email to hello@babobotanicals.com.

 

For residents of Texas and Nebraska, please visit the “Your Privacy Choices” section of this Policy for additional information and options.

4. FOR RESIDENTS OF TEXAS AND NEBRASKA: Your Privacy Choices

Residents of Texas and Nebraska have certain rights under applicable state privacy laws. We currently allow residents of other states the option to exercise these rights as well, but prioritize requests received from those two states.

• Request to Opt-out: We do not sell your Personal Information to third parties. However, we do share it for the marketing purposes we’ve described above. You have the right to opt out of the processing of personal data for purposes of targeted advertising.
• Request to Know: You have the right to know whether we are processing your Personal Information and request that we disclose a report of your Personal Information.
• Request to Delete: You have the right to request that we delete your Personal Information. Once we receive and verify your request, we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.
• Request to Correct: You have the right to request that we correct, rectify and/or update any of your Personal Information that is incorrect, incomplete or out of date. If you have created an online account, you may log on and edit your Personal Information at any time.

Exercising Your Rights

Only you or a person whom you authorize to act on your behalf may make a verifiable consumer request related to your personal information. So as to ensure your privacy, we reserve the right to deny a request from an authorized agent who does not submit proof that they have been authorized to act on your behalf. For avoidance of doubt, you may also make a verifiable consumer request on behalf of your minor child.

Our verification process works as follows:

Password-protected accounts- if you have a password-protected account with us, we will use password authentication to verify you.

Non-password-protected accounts- Before we may process a request, in order to protect your privacy, we will ask for you to confirm a few pieces of information that we have on our records about you, for example:

• Your email address
• Your billing address
• Your phone number

If you are making a request to correct, we will work with you to find another means of verifying your identity that will not involve the subject matter of the request to correct. We may also require information from you to demonstrate that our data is incorrect. This information shall only be used and/or maintained by the business for the purpose of correcting your personal information and to comply with any record-keeping obligations we may have under the law. If you make a request online to delete your personal information, we may need to confirm your request before we delete your information.

You may make a verifiable consumer request up to two times within a 12-month period, without charge. Unfortunately, we cannot respond to your request to delete or correct or provide you with personal information if we cannot verify your identity or authority to make the request and confirm that the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

We try to respond to a verifiable consumer request within 45 days of its receipt, and an opt-out request will be processed within 15 days. If we require more time to respond to a verifiable consumer request, we will inform you of the reason and extension time period (up to 90 days). If you have an account with us, we will deliver our response to the email associated with that account. If you do not have an account with us, we will deliver our response by mail or electronically, at your option. The response we provide will also explain any reasons we cannot comply with a request, if applicable.

You have a right to appeal any denial of a consumer right. If your request is denied in whole or in part, you have the right to appeal your decision within 30 days. We will review and respond to your request within 60 days, and if your appeal is denied, we will provide you with an explanation of our reasons and a description of any further rights you may have at that time.

Right to Equal Service: We will not discriminate against you for exercising your rights as a consumer under any applicable laws. Unless permitted by law, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services.
• Provide you a different level or quality of goods or services.

We may offer you certain financial incentives or bona fide loyalty, rewards or discount programs permitted by law that can result in different prices, rates, selection, or quality levels. Any legally-permitted financial incentive or bona fide loyalty, rewards or discount program we offer will reasonably relate to your Personal Information's value and contain written terms that describe the program's material aspects. Participation in a financial incentive or bona fide loyalty, rewards or discount program requires your prior opt in consent, which you may revoke at any time.

5. 
   SAFEGUARDING YOUR PERSONAL INFORMATION

5.1 Our Security Measures.
In order to most efficiently serve you, credit card transactions and order fulfillment are handled by established third-party banking institutions, process agents and distribution institutions. They receive the information they need to verify and authorize your credit card transactions and to ship your order. When collecting credit card information for online purchases, we offer secured server transactions that encrypt your information in transit to prevent someone from intercepting it and misusing it. When you access your account information, the information is kept on a secure server. Furthermore, all of the customer data we collect is protected against unauthorized access by physical security means. Although BABO uses reasonable efforts to safeguard the security of your Identifying Information, transmissions made on or through the Internet are vulnerable to attack and cannot be guaranteed to be secure. In addition, submissions made via email are not protected by SSL technology and are vulnerable to interception during transmission. You hereby acknowledge that BABO is not responsible for any intercepted information sent via the internet, and you hereby release us from any and all claims arising out of or related to the use of intercepted information in any unauthorized manner.

5.2 Protecting Yourself; Third Party Links.
You are solely responsible for safeguarding and maintaining the secrecy of your User ID, passwords and/or any account information in your possession or control. Please be careful and responsible whenever you are online. We suggest you take steps to help protect the confidentiality of your information, such as: using complex passwords to secure your account, using a unique password for each website on which you have an account, and keeping your password confidential; keeping the operating system, anti-virus and other protections on your computer or mobile device up-to-date; and signing out of your account when not using it.

 

The Website contains links to third parties who may collect information directly from you. Each of the websites linked from the Website have separate privacy policies and data collection practices, independent of BABO, and BABO has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such websites nor does BABO make any warranties or representations about the contents, products or services offered on such websites or the security of any information you provide to them. You can learn more about Internet privacy from government websites such as www.ftc.gov/privacy/.

6. GENERAL

6.1 Children, Parental Consent Policy.
It is our policy not to collect personal information from any person under 18 because children are not permitted to use the Website or services on the Website, and we request that children under the age of 18 not submit any personal information to us via the Website. As one measure to ensure that we do not gather personal information from children, we require that all individuals provide a valid credit card number before completing a purchase order. If we learn that we have inadvertently gathered personal information from children under 18, we will attempt to notify such child’s parent or guardian and erase such information from our records, unless the child’s parent or guardian consents to our maintaining such information.

 

6.2 Contact Us.
If you have any questions about this Privacy Policy, the practices of our Website, or your dealings with our Website, please contact us by sending an email to hello@babobotanicals.com or call us at (800) 422-2987.

Last Updated: 07/17/2024