Privacy Policy

kidpik corp, (“kidpik”, “we”, “us”, or “our”) is committed to protecting your privacy. kidpik corp is a children’s fashion retailer whose mission is to take the guesswork out of shopping while delivering consistently beautiful clothes and accessories. Our stylists customize boxes for your child containing complete, beautiful and fashionable outfits, mix and match tops, bottoms, footwear and accessories (the “Products”) that are delivered to your door. In addition, kidpik sells a selection of individual items. We have prepared this Privacy Policy (“Privacy Policy”) to describe to you our practices regarding the personal information we collect from our websites located at www.kidpik.com, shop.kidpik.com, gift.kidpik.com and our mobile sites (collectively, the “Sites”), and the services offered through the Sites and any orders that you place (collectively, the “Services”).

QUESTIONS; CONTACTING kidpik; REPORTING VIOLATIONS If you have any questions, concerns or complaints about our Privacy Policy, our data collection or processing practices, or if you want to report any security violations to us, please contact us at [email protected], or Customer Service kidpik corp, 200 Park Ave South, New York, NY 10003

INFORMATION COLLECTED

Information You Provide to Us.

When you sign up for an account for our Services (an “Account”), you provide us your name, email address, password, and zip code. In addition, we collect information as part of your child’s style profile, such as date of birth, as well as sizing, fit and style preference information. If you post a photo to your Account, we will collect that photo.

When you receive a shipment, we record what you keep and what you return.

If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply.

When you sign up for the Services or when you order products through the Services, we or our third party payment provider will collect payment, shipping and billing information in order to process the transaction.

When you post content (text, images, photographs, videos, messages, comments or any other kind of content that is not your e-mail address) on our Services, the information contained in your posting will be stored in our servers and other users of the Services will be able to see it, along with any other information that you choose to make public.

We retain information on your behalf, such as messages you send (including the content of the message and the recipient data) using your Account.

When you submit or send content (text, images, photographs, videos, messages, comments or any other kind of content that is not your e-mail address), the information contained will be stored in our servers and other users of the Services will be able to see it, along with any other information that you choose to make public. We reserve the to right to use all or any part of the content you send or submit in our marketing materials.

When you participate in one of our surveys, we may collect additional profile information.

If you participate in a sweepstakes, contest or giveaway on our Services, we may ask you for your e-mail address and/or phone number (to notify you if you win or not). We may also ask for first and last names, and sometimes post office addresses to verify your identity. 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 and only eligible for U.S. residents of 18 years or older.

We may also collect personal information at other points in our Services that state that personal information is being collected.

For online payments, we use the payment services of Braintree (https://www.braintreepayments.com/) We do not process, record or maintain your credit card or bank account information. For more information on how payments are handled, or to understand the data security and privacy afforded such information, please refer to https://www.paypal.com/us/webapps/mpp/ua/privacy-full

Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If you have opted in, the Service provides updates, alerts, information, promotions, specials, and other marketing offers from kidpik or its affiliates via text messages through your wireless provider to the mobile number you provided. Message frequency is recurring. Text the single keyword command STOP to cancel at any time. You'll receive a one-time opt-out confirmation text message.

We may change any short code or telephone number we use to operate the Service at any time. 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 change your mobile phone number, you agree to opt out of the Service prior to changing your mobile number.

You agree to indemnify, defend, and hold us harmless from any third-party claims, liability, damages or costs arising from your use of the Service or from you providing us with a phone number that is not your own.

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.

Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If you have opted in, the Service provides updates, alerts, information, promotions, specials, and other marketing offers from kidpik or its affiliates via text messages through your wireless provider to the mobile number you provided. Message frequency varies. Text the single keyword command STOP to cancel at any time. You'll receive a one-time opt-out confirmation text message.

We may change any short code or telephone number we use to operate the Service at any time. You will be made aware of this change via an SMS. 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.

You agree to indemnify, defend, and hold us harmless from any third-party claims, liability, damages or costs arising from your use of the Service or from you providing us with a phone number that is not your own.

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.

Cookies may be used to track your shopping cart activity and this information may be used for marketing purposes such as email and SMS.

Information Collected from Third Party Companies.

We may receive information about you from other sources. We may add this information to the information we have already collected from you via our Services in order to improve the Services.

Information Collected via Technology.

General. When you use our Services, some information is automatically collected. For example, when you use our Services, your geographic location, how you use the Services, information about the type of device you use, your mobile network information, your Open Device Identification Number (“ODIN”), date/time stamps for your visit, your unique device identifier (“UDID”), and your browser type, operating system, Internet Protocol (IP) address, and domain name are all collected. This information is generally used to help us deliver the most relevant information to you and administer and improve the Services.

Log Files. As is true of most websites, we gather certain information automatically and store it in log files. This information includes IP addresses, browser type, Internet service provider (“ISP”), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information to maintain and improve the performance of the Services.

Cookies. Like many online services, we use cookies to collect information. “Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing the website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Services. This type of information is collected to make the Services more useful to you and to tailor the experience with us to meet your special interests and needs.

Marketing. From time to time, our Services may include third party advertising. We do not provide personal information to these third party advertisers; however, they may use technology to send the advertisements that appear on our Website to your browser. In this process, the third party advertiser automatically receives your IP address. They may also employ cookies and web beacons to measure the effectiveness of their own advertisements and personalize your interaction with them. We do not have access to or control over the cookies, web beacons or other technology they may use, and the information collected by these third party advertisers are not covered by this Privacy Policy. Please contact them directly for further information regarding their information privacy policies. For your reference, the Network Advertising Initiative offers useful information about internet advertising companies, including methods of "opting-out" of their information collection practices.

Analytics. We work with a number of third party analytics companies that collect information anonymously and report website trends without identifying individual visitors. These services allow us to view a variety of reports about how visitors interact with the Services so we can improve our website and understand how people find and navigate it. Currently, we work with the following analytics companies: Google Analytics. This is not intended to be a comprehensive list and we may stop working with these companies and work with others without notice. You can learn more about how these companies collect, use and share information about you by visiting their websites.

USE OF YOUR PERSONAL INFORMATION

General Use. In general, personal information you submit to us is used either to respond to requests that you make, or to aid us in serving you better. Information we collect from you may be shared between all points of contact within kidpik and, without limitation, its affiliates. In addition, kidpik, may use your personal information in the following ways, including but not limited to:

  • to customize and deliver your shipment;
  • respond to comments, requests and questions and provide customer service;
  • facilitate the creation of and secure your Account on our network;
  • identify you as a user in our system;
  • process and deliver the Services you request;
  • improve the quality of experience when you interact with our Services, including the testing of different page designs to see which performs better;
  • send you administrative e-mail notifications, such as security or support and maintenance advisories;
  • resolve disputes and/or troubleshoot problems;
  • develop and improve marketing and advertising for the Services;
  • send newsletters, surveys, offers, and other promotional materials related to our Services and for other marketing purposes.

We may store and process your personal information in the United States and other countries.

User Feedback. We may post user feedback on the Services from time to time. If you make any comments on a blog, wall or forum associated with the Service, you should be aware that any personal information you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these blogs and forums.

Anonymous Data. We may create anonymous data records from personal information by excluding information (such as your name) that makes the data personally identifiable to you. We use this anonymous data to analyze request and usage patterns so that we may enhance the content of our Services and improve Site and Services. We reserve the right to use anonymous data for any purpose and disclose anonymous data to third parties in our sole discretion.

Disclosure of Personal information

We disclose your personal information as described below and as described elsewhere in this Privacy Policy.

Third Parties Designated by You. When you use the Services, the personal information you provide will be shared with the third parties that you authorize to receive such information.

Third Party Service Providers. We may share your personal information with third party service providers to: provide you with the Services that we offer you through our Services; to conduct quality assurance testing; to facilitate creation of accounts; to provide technical support; and/or to provide other services to kidpik.

Business Partners. In order to facilitate your purchase of items from third party partners, we may disclose certain Personal Information about you when you ask us to do so.

Corporate Restructuring. We may share some or all of your personal information in connection with or during negotiation of any merger, financing, acquisition or dissolution transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets. In the event of insolvency, bankruptcy, or receivership, personal information may also be transferred as a business asset. If another company acquires our company, business, or assets, that company will possess the personal information collected by us and will assume the rights and obligations regarding your personal information as described in this Privacy Policy.

Other Disclosures. Regardless of any choices you make regarding your Personal information (as described below), kidpik may disclose Personal information if it believes in good faith that such disclosure is necessary: (i) in connection with any legal investigation; (ii) to comply with relevant laws or to respond to subpoenas or warrants served on kidpik; (iii) to protect or defend the rights or property of kidpik or users of the Services; and/or (iv) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or our Terms of Use.

REFERRALS

The Services allow you to invite your friends to sign up for the Services by sharing a referral link via your personal SMS, email or other means. The referral program does not send SMS messages through or in relation to the Kidpik Alerts Marketing Program. By using kidpik referral services, you agree to its terms and conditions.

THIRD PARTY WEBSITES

Our Site may contain links to third party websites. When you click on a link to any other website or location, you will leave our Site, or Services and go to another site, and another entity may collect personal information or anonymous data from you. We have no control over, do not review, and are not responsible for, these outside websites or their content. Please be aware that the terms of this Privacy Policy do not apply to these outside websites or content or to any collection of your personal information after you click on links to such outside websites. We encourage you to read the privacy policies of every website and App you visit. The links to third party websites or locations are for your convenience and do not signify our endorsement of such third parties or their products, content or websites.

YOUR CHOICES REGARDING INFORMATION

You have several choices regarding the use of information on our Services:

Choices. We offer you choices regarding the collection, use, and sharing of your personal information. We will periodically send you free newsletters and e-mails that directly promote the use of our Services. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly (please see contact information below). Despite your indicated e-mail preferences, we may send you service related communication, including notices of any updates to our Terms of Use or Privacy Policy.

Cookies. If you decide at any time that you no longer wish to accept cookies from our Services for any of the purposes described above, then you can instruct your browser, by changing its settings, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. Consult your browser’s technical information. If you do not accept cookies, however, you may not be able to use all portions of the Services or all functionality of the Services. If you have any questions about how to disable or modify cookies, please let us know at the contact information provided below.

Changes to Personal Information. You may change any of your personal information in your Account by editing your profile within your Account. You may request deletion of your personal information by us, but please note that we may be required to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives. We may retain your information for fraud prevention or similar purposes.

While we and others give you the choices to control the information collected and used as described in this Privacy Policy, there are many web browser signals and other similar mechanisms that can indicate your choice to disable tracking, and we may not be aware of or honor every mechanism.

Information Disclosed to Third Parties. This Privacy Policy addresses only our use and disclosure of information we collect from and/or about you on the Services. If you disclose information to others, or authorize us to do the same under this Privacy Policy, the use and disclosure restrictions contained in this Privacy Policy will not apply to any third party. We do not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable.

HOW WE RESPOND TO DO NOT TRACK SIGNALS

We do not currently respond to “do not track” signals or other mechanisms that might enable consumers to opt out of tracking on our Services.

Our Policy on gathering information from and communicating with children online

We recognize the unique privacy concerns regarding children. Pursuant to COPPA guidelines, we do not knowingly collect personally identifiable information online from children under the age of 13. If a parent or guardian is made aware that a child under the age of 13 has provided us with personally identifiable information without their consent, please contact us at (844) 4kid-pik, (844) 454-3745 or by e-mail at [email protected] or at the address listed above, and we will remove the information about the individual from our database.

USERS OUTSIDE OF THE UNITED STATES

If you are a non U.S. user of the Services, by using the Services and/or providing us with information, you acknowledge and agree that your personal information may be processed for the purposes identified in this Privacy Policy. In addition, your personal information may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding processing of personal information may be less stringent than the laws in your country. By providing your information, you consent to such transfer.

CONTACT INFORMATION

We welcome your comments or questions about this Privacy Policy. You may contact us at [email protected]

CHANGES TO THIS PRIVACY POLICY

This Privacy Policy is subject to occasional revision, and if we make any material changes in the way we use your personal information, we will notify you either by the Services user interface, by sending you an e-mail to the last e-mail address you provided to us and/or by posting notice of the changes on the Services and updating the “Last Updated” date below. Any changes to this Privacy Policy will be effective upon the earlier of fourteen (14) calendar days following our dispatch of an e-mail notice to you or fourteen (14) calendar days following our posting of notice of the changes on the Services. These changes will be effective immediately for new users of our Service. Please note that at all times you are responsible for updating your personal information to provide us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. If you do not wish to permit changes in our use of your personal information, you must notify us prior to the effective date of the changes that you wish to deactivate your Account with us. Continued use of our Services, following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

YOUR CALIFORNIA PRIVACY RIGHTS

This supplements the US Privacy Policy.

Beginning January 1, 2005, under California's "Shine the Light" law, California residents who provide personal information in obtaining products or services for personal, family or household use are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g., requests made in 2005 will receive information regarding 2004 sharing activities).To obtain this information, please write to us at the address below with "Request for California Privacy Information". Please note that not all information sharing is covered by the "Shine the Light" requirements and only information on covered sharing will be included in our response.

Last Updated: October 8, 2021