LAST UPDATED:  May 27, 2010

Privacy Policy

Orbit Baby, Inc. ("Orbit Baby," "we," "us") is concerned about online privacy issues and wants you to be familiar with how we collect, use and disclose your Personally Identifiable Information (as defined below).  This Privacy Policy (the "Policy") describes our practices in connection with Personally Identifiable Information that we collect through our websites located at www.orbitbaby.com and www.shoporbitbaby.com (each, a "Site").  This Policy does not address our practices regarding information that we may collect through any website, or by any other means, other than through the Sites; nor does this Policy govern the collection, use or disclosure of information by any third parties.

By using the Site, you agree to the terms and conditions of this Policy.  If you do not agree to the terms and conditions of this Policy, please do not use the Site.  We reserve the right to change this Policy without prior notice.  You can determine when this Policy was last revised by referring to the "Last Updated" legend at the top of this page.  Any changes to our Policy will become effective upon our posting of the revised Policy on the Site.  Use of the Site following such changes constitutes your acceptance of the revised Policy then in effect. 

Note Regarding the Use of the Site by Children: The Site is not directed to individuals under the age of thirteen (13), and we request that such individuals do not provide Personally Identifiable Information through the Site. 

  1. What Types of Information Does the Site Collect From Me? 

    We gather two basic types of information through the Site: "Personally Identifiable Information" (or "PII") and "Non-Personally Identifiable Information" (or "Non-PII").  Personally Identifiable Information is information that identifies a person as an individual.  Non-Personally Identifiable Information is aggregated information, demographic information, IP addresses and any other information that does not reveal a person’s specific identity.

    1. Personally Identifiable Information.  You do not have to provide PII to use the Site.  However, in order for you to take advantage of particular opportunities provided through the Site (for example, to sign up for a newsletter to make a purchase), we may require that you furnish PII.  We collect PII from you through the Site, such as your name, postal address, telephone number, or e-mail address, only when you voluntarily provide it to us.

      We use third-party payment services (each, a "Payment Service") to collect payments made through the Site.  If you wish to make a payment and through the Site, you will be directed to a webpage that is hosted by the Payment Service (or the Payment Service's service providers) and not by us (such page, the "Payment Service Page").  Any PII that you provide through the Payment Service Page will be collected by Payment Service and not by us, and will be subject to Payment Service's privacy policy, rather than this Policy.  We have no control over, and shall not be responsible for, Payment Service's use of information collected through the Payment Service Page.  PLEASE NOTE THAT THIS POLICY DOES NOT ADDRESS THE COLLECTION AND USE OF INFORMATION THROUGH THE PAYMENT SERVICE PAGE OR THE PRIVACY OR INFORMATION PRACTICES OF PAYMENT SERVICE.

    2. Non-Personally Identifiable Information When you visit and interact with the Site, Orbit Baby and its third party service providers and business partners may collect Non-PII (for example, a catalog of the Site pages you visit).  Non-PII is generally collected through the Site from five different sources: (i) server log files, (ii) environmental variables, (iii) cookies, (iv) pixel tags and other similar technologies, and (v) information that you voluntarily provide to us. 

      1. Server Log Files.  Your Internet Protocol (IP) address is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP).  This number is identified and logged automatically in our server log files whenever you visit the Site, along with the time(s) of your visit(s) and the page(s) that you visited.  We and our service providers use IP addresses for purposes such as calculating Site usage levels, helping diagnose problems with the Site's servers, and administering the Site.  Collecting IP addresses is standard practice on the Internet and is done automatically by many websites.
      2. Environmental Variables.  We and our service providers may also collect certain environmental variables, such as your MAC address, computer type (Windows or Macintosh), screen resolution, OS version, Internet browser, and Internet browser version.  These environmental variables are collected by most websites, and can be used to optimize your experience on the Site.
      3. Cookies.  We and our service providers may use “cookies” in connection with the Site.  Cookies are data that a web server transfers to an individual's computer for recordkeeping and other purposes.  Cookies are an industry standard used by most websites, and can facilitate users' ongoing access to and use of a particular website; cookies do not cause damage to your computer systems or files.  If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to automatically decline cookies, or to be given the choice of declining or accepting the transfer of a particular cookie, or cookies from a particular website, to your computer. 
      4. Pixel Tags.  We and our service providers may also use so-called "pixel tags," "web beacons," "clear GIFs," or similar means in connection with Site pages and HTML-formatted e-mail messages to, among other things, track the actions of Site users and e-mail recipients, to determine the success of marketing campaigns and to compile aggregate statistics about Site usage and response rates.
      5. Information That You Voluntarily Provide.  We also collect Non-PII (e.g., your interests, your geographic location, etc.) when you voluntarily provide such information to us.  Such information constitutes Non-PII because, unless combined with PII, it does not personally identify you or any other user.  Additionally, we may aggregate PII in a manner such that the end-product does not personally identify you or any other user of the Site, for example, by using PII to calculate the percentage of our users who have a particular telephone area code.  Such aggregate information is considered Non-PII for purposes of this Policy.
  3. How Does Orbit Baby Use Information Collected From Me? 
    1. Personally Identifiable Information.  We may use PII in the following ways:
      1. Fulfillment of Requests.  We may use PII about you to fulfill the purpose for which such PII was provided (e.g., to send newsletters to you or fulfill your purchase). 
      2. Administrative Communications.  From time to time, in our sole discretion, we may use PII about you to send to you important information regarding the Site, changes to our terms, conditions, and policies and/or other administrative information.  Because this information may be important to your use of the Site, you may not opt-out of receiving such communications.
      3. Other Communications.  From time to time, we may use PII about you to inform you of products, programs, services and promotions that we believe may be of interest to you. 
      4. E-mails to Friends.  We may provide functionality to permit you to send messages regarding Site-related content to a friend through the Site.  If you wish to use this feature, you may be required to provide us with, and we may use, your friend’s e-mail address so that we can facilitate your sending of such message to your friend. 
      5. Promotions.  We may operate sweepstakes, contests and similar promotions (collectively, "Promotions") through the Site.  We typically ask you for certain PII when you enter and, if applicable, win a Promotion.  You should carefully review the rules, if any, of each Promotion in which you participate through the Site, as they may contain additional important information about our use of PII about you.  To the extent that the terms and conditions of such rules concerning the treatment of PII about you conflict with this Policy, the terms and conditions of such rules shall control. 
      6. Internal Business Purposes.  We may also use PII about you for our internal business purposes, such as data analysis, audits and so forth.
    2. Non-Personally Identifiable Information.  Because Non-PII does not personally identify you, we may use such information for any purpose.  In addition, we reserve the right to share such Non-PII, which does not personally identify you, with third parties, for any purpose.

      In some instances, we may combine Non-PII with PII (such as combining your name with your geographic location).  If we do combine any Non-PII with PII, the combined information will be treated by us as PII hereunder as long as it is so combined. 

  4. How Is Personally Identifiable Information Disclosed? 
    1. Third Party Service Providers.  We work with third parties who provide services including but not limited to data analysis, mailing and distribution services, payment processing, order fulfillment and other services of an administrative nature.  We reserve the right to share PII about you with such third parties for the purpose of enabling these third parties to provide such services.
    2. E-mails to Friends.  Please note that any PII you provide in connection with sending messages regarding Site-related content to a friend through the Site, such as your name and your e-mail address, will, of course, be disclosed to your friend. 
    3. Promotions.  We reserve the right to share the PII you provide in connection with Promotions with third parties sponsors of such Promotions (irrespective of whether such Promotions are hosted by us), or otherwise in accordance with the rules applicable to such Promotion.  You should carefully review the rules, if any, of each Promotion in which you participate through the Site, as they may contain additional important information about a sponsor's or other third parties’ use of PII about you.  To the extent that the terms and conditions of such rules concerning the treatment of PII about you conflict with this Policy, the terms and conditions of such rules shall control. 
    4. Assignment.  We reserve the right to transfer any and all information that we collect from Site users to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of Orbit Baby's business, assets or stock (including without limitation in connection with any bankruptcy or similar proceedings).
    5. Law enforcement; emergencies; compliance.  Notwithstanding any other provision of this Policy to the contrary, we reserve the right to disclose PII about you to others as we believe to be appropriate (a) under applicable law; (b) to comply with legal process; (c) to respond to governmental requests; (d) to enforce our Terms of Service; (e) to protect our operations; (f) to protect the rights, privacy, safety or property of Orbit Baby, you or others; and (g) to permit us to pursue available remedies or limit the damages that we may sustain. For example, we may, to the fullest extent the law allows, disclose PII about you to law enforcement agencies to assist them in identifying individuals who have been or may be engaged in unlawful activities.
  5. Other Important Notices Regarding Our Privacy Practices.
    1. Third Party Sites.  The Site may contain links to third party websites.  These linked sites are not under our control and we are not responsible for the privacy practices or the contents of any such linked site, or any link contained in any linked site.  We provide such links only as a convenience, and the inclusion of a link on the Site does not imply endorsement of the linked site by Orbit Baby.  If you provide any PII through any such third party website, your transaction will occur on such third party's website (not the Site) and the PII you provide will be collected by, and controlled by the privacy policy of, that third party.  We recommend that you familiarize yourself with the privacy policies and practices of any such third parties.  PLEASE NOTE THAT THIS POLICY DOES NOT ADDRESS THE PRIVACY OR INFORMATION PRACTICES OF ANY THIRD PARTIES.
    2. Security.  We seek to have security measures and tools, such as firewalls, in place to help protect against the loss, misuse and alteration of the information under our control.  Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure.  As a result, although we strive to protect PII about you, we cannot ensure or warrant the security of any information you transmit to us through or in connection with the Site or that is stored by us.  You acknowledge and agree that any information you transmit through the Site or upload for storage in connection with the Site is so transmitted or stored at your own risk.  If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), you must immediately notify us of the problem by contacting us in accordance with Section 4.d ("Contacting Us") below (note that if you choose to notify us via physical mail, this will delay the time it takes for us to respond to the problem).
    3. Jurisdictional Issues.  The Site is controlled and operated by Orbit Baby, Inc. from the United States, and is not intended to subject Orbit Baby to the laws or jurisdiction of any state, country or territory other than that of the United States.  We do not represent or warrant that the Site, or any part thereof, is appropriate or available for use in any particular jurisdiction.  Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations.  We may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. 
    4. Contacting Us.  If you have any questions regarding this Policy, please contact us by e-mail at info@orbitbaby.com.  Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us.