Privacy Policy
The Mum Crew Privacy Policy.
Last updated: 11/12/2023
This Privacy Policy describes how The Mum Crew (the "Site", "we", "us", or "our") collects, uses, and discloses your personal information when
you visit, use our services, or make a purchase from themumcrew.com (the "Site") or otherwise communicate with us (collectively, the
"Services"). For purposes of this Privacy Policy, "you" and "your" means you as the user of the Services, whether you are a customer, website
visitor, or another individual whose information we have collected pursuant to this Privacy Policy.
Please read this Privacy Policy carefully. By using and accessing any of the Services, you agree to the collection, use, and disclosure of your
information as described in this Privacy Policy. If you do not agree to this Privacy Policy, please do not use or access any of the Services.
Changes to This Privacy Policy
We may update this Privacy Policy from time to time, including to reflect changes to our practices or for other operational, legal, or regulatory
reasons. We will post the revised Privacy Policy on the Site, update the "Last updated" date and take any other steps required by applicable
law.
How We Collect and Use Your Personal Information
To provide the Services, we collect and have collected over the past 12 months personal information about you from a variety of sources, as
set out below. The information that we collect and use varies depending on how you interact with us.
In addition to the specific uses set out below, we may use information we collect about you to communicate with you, provide the Services,
comply with any applicable legal obligations, enforce any applicable terms of service, and to protect or defend the Services, our rights, and
the rights of our users or others.
What Personal Information We Collect
The types of personal information we obtain about you depends on how you interact with our Site and use our Services. When we use the
term "personal information", we are referring to information that identifies, relates to, describes or can be associated with you. The following
sections describe the categories and specific types of personal information we collect.
Information We Collect Directly from You
Information that you directly submit to us through our Services may include:
- Basic contact details including your name, address, phone number, email.
- Order information including your name, billing address, shipping address, payment confirmation, email address, phone number.
- Account information including your username, password, security questions.
- Shopping information including the items you view, put in your cart or add to your wishlist.
- Customer support information including the information you choose to include in communications with us, for example, when sending a
message through the Services.
Some features of the Services may require you to directly provide us with certain information about yourself. You may elect not to provide this
information, but doing so may prevent you from using or accessing these features.
Information We Collect through Cookies
We also automatically collect certain information about your interaction with the Services ("Usage Data"). To do this, we may use cookies,
pixels and similar technologies ("Cookies"). Usage Data may include information about how you access and use our Site and your account,
including device information, browser information, information about your network connection, your IP address and other information
regarding your interaction with the Services.
Information We Obtain from Third Parties
Finally, we may obtain information about you from third parties, including from vendors and service providers who may collect information on
our behalf, such as:
- Companies who support our Site and Services, such as Shopify.
- Our payment processors, who collect payment information (e.g., bank account, credit or debit card information, billing address) to process
your payment in order to fulfill your orders and provide you with products or services you have requested, in order to perform our contract
with you.
- When you visit our Site, open or click on emails we send you, or interact with our Services or advertisements, we, or third parties we work
with, may automatically collect certain information using online tracking technologies such as pixels, web beacons, software developer kits,
third-party libraries, and cookies.
Any information we obtain from third parties will be treated in accordance with this Privacy Policy. We are not responsible or liable for the
accuracy of the information provided to us by third parties and are not responsible for any third party's policies or practices. For more
information, see the section below, Third Party Websites and Links.
How We Use Your Personal Information
- Providing Products and Services. We use your personal information to provide you with the Services in order to perform our contract with
you, including to process your payments, fulfill your orders, to send notifications to you related to you account, purchases, returns, exchanges
or other transactions, to create, maintain and otherwise manage your account, to arrange for shipping, facilitate any returns and exchanges
and to enable you to post reviews.
- Marketing and Advertising. We use your personal information for marketing and promotional purposes, such as to send marketing,
advertising and promotional communications by email, text message or postal mail, and to show you advertisements for products or services.
This may include using your personal information to better tailor the Services and advertising on our Site and other websites.
- Security and Fraud Prevention. We use your personal information to detect, investigate or take action regarding possible fraudulent, illegal
or malicious activity. If you choose to use the Services and register an account, you are responsible for keeping your account credentials safe.
We highly recommend that you do not share your username, password, or other access details with anyone else. If you believe your account
has been compromised, please contact us immediately.
- Communicating with you. We use your personal information to provide you with customer support and improve our Services. This is in our
legitimate interests in order to be responsive to you, to provide effective services to you, and to maintain our business relationship with you.
Cookies
Like many websites, we use Cookies on our Site. For specific information about the Cookies that we use related to powering our store with
Shopify, see https://www.shopify.com/legal/cookies. We use Cookies to power and improve our Site and our Services (including to remember
your actions and preferences), to run analytics and better understand user interaction with the Services (in our legitimate interests to
administer, improve and optimize the Services). We may also permit third parties and services providers to use Cookies on our Site to better
tailor the services, products and advertising on our Site and other websites.
Most browsers automatically accept Cookies by default, but you can choose to set your browser to remove or reject Cookies through your
browser controls. Please keep in mind that removing or blocking Cookies can negatively impact your user experience and may cause some of
the Services, including certain features and general functionality, to work incorrectly or no longer be available. Additionally, blocking Cookies
may not completely prevent how we share information with third parties such as our advertising partners.
How We Disclose Personal Information
In certain circumstances, we may disclose your personal information to third parties for legitimate purposes subject to this Privacy Policy.
Such circumstances may include:
- With vendors or other third parties who perform services on our behalf (e.g., IT management, payment processing, data analytics, customer
support, cloud storage, fulfillment and shipping).
- With business and marketing partners, including Shopify, to provide services and advertise to you. For example, we use Shopify to support
personalized advertising with third-party services. Our business and marketing partners will use your information in accordance with their
own privacy notices.
- When you direct, request us or otherwise consent to our disclosure of certain information to third parties, such as to ship you products or
through your use of social media widgets or login integrations, with your consent.
- With our affiliates or otherwise within our corporate group, in our legitimate interests to run a successful business.
- In connection with a business transaction such as a merger or bankruptcy, to comply with any applicable legal obligations (including to
respond to subpoenas, search warrants and similar requests), to enforce any applicable terms of service, and to protect or defend the
Services, our rights, and the rights of our users or others.
We have, in the past 12 months disclosed the following categories of personal information and sensitive personal information (denoted by *)
about users for the purposes set out above in "How we Collect and Use your Personal Information" and "How we Disclose Personal
about users for the purposes set out above in "How we Collect and Use your Personal Information" and "How we Disclose Personal
Information":
Category:
- Identifiers such as basic contact details and certain order and account information
- Commercial information such as order information, shopping information and customer support information
- Internet or other similar network activity, such as Usage Data
Categories of Recipients:
- Vendors and third parties who perform services on our behalf (such as Internet service providers, payment processors, fulfillment partners,
customer support partners and data analytics providers)
- Business and marketing partners
- Affiliates
We do not use or disclose sensitive personal information for the purposes of inferring characteristics about you.
We have "sold" and "shared" (as those terms are defined in applicable law) personal information over the preceding 12 months for the
purpose of engaging in advertising and marketing activities, as follows.
Category of Personal Information
- Identifiers such as basic contact details and certain order and account information
- Commercial information such as records of products or services purchased and shopping information
- Internet or other similar network activity, such as Usage Data
Categories of Recipients
- Business and marketing partners
User Generated Content
The Services may enable you to post product reviews and other user-generated content. If you choose to submit user generated content to
any public area of the Services, this content will be public and accessible by anyone.
We do not control who will have access to the information that you choose to make available to others, and cannot ensure that parties who
have access to such information will respect your privacy or keep it secure. We are not responsible for the privacy or security of any
information that you make publicly available, or for the accuracy, use or misuse of any information that you disclose or receive from third
parties.
Third Party Websites and Links
Our Site may provide links to websites or other online platforms operated by third parties. If you follow links to sites not affiliated or controlled
by us, you should review their privacy and security policies and other terms and conditions. We do not guarantee and are not responsible for
the privacy or security of such sites, including the accuracy, completeness, or reliability of information found on these sites. Information you
provide on public or semi-public venues, including information you share on third-party social networking platforms may also be viewable by
other users of the Services and/or users of those third-party platforms without limitation as to its use by us or by a third party. Our inclusion of
such links does not, by itself, imply any endorsement of the content on such platforms or of their owners or operators, except as disclosed on
the Services.
Children's Data
The Services are not intended to be used by children, and we do not knowingly collect any personal information about children. If you are the
parent or guardian of a child who has provided us with their personal information, you may contact us using the contact details set out below
to request that it be deleted.
As of the Effective Date of this Privacy Policy, we do not have actual knowledge that we "share" or "sell" (as those terms are defined in
applicable law) personal information of individuals under 16 years of age.
Security and Retention of Your Information
Please be aware that no security measures are perfect or impenetrable, and we cannot guarantee "perfect security." In addition, any
information you send to us may not be secure while in transit. We recommend that you do not use unsecure channels to communicate
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sensitive or confidential information to us.
How long we retain your personal information depends on different factors, such as whether we need the information to maintain your
account, to provide the Services, comply with legal obligations, resolve disputes or enforce other applicable contracts and policies.
Your Rights and Choices
Depending on where you live, you may have some or all of the rights listed below in relation to your personal information. However, these
rights are not absolute, may apply only in certain circumstances and, in certain cases, we may decline your request as permitted by law.
- Right to Access / Know. You may have a right to request access to personal information that we hold about you, including details relating to
the ways in which we use and share your information.
- Right to Delete. You may have a right to request that we delete personal information we maintain about you.
- Right to Correct. You may have a right to request that we correct inaccurate personal information we maintain about you.
- Right of Portability. You may have a right to receive a copy of the personal information we hold about you and to request that we transfer it
to a third party, in certain circumstances and with certain exceptions.
- Right to Opt out of Sale or Sharing or Targeted Advertising. You may have a right to direct us not to "sell" or "share" your personal
information or to opt out of the processing of your personal information for purposes considered to be "targeted advertising", as defined in
applicable privacy laws. Please note that if you visit our Site with the Global Privacy Control opt-out preference signal enabled, depending on
where you are, we will automatically treat this as a request to opt-out of the "sale" or "sharing" of information for the device and browser that
you use to visit the Site.
We respect your privacy. We will only use information you provide through the Program to transmit your mobile messages and respond to you, if necessary. This includes, but is not limited to, sharing information with platform providers, phone companies, and other vendors who assist us in the delivery of mobile messages. WE DO NOT SELL, RENT, LOAN, TRADE, LEASE, OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS OR CUSTOMER INFORMATION COLLECTED THROUGH THE PROGRAM TO ANY THIRD PARTY. Nonetheless, We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect Our rights or property. When you complete forms online or otherwise provide Us information in connection with the Program, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If, in Our sole discretion, We believe that any such information is untrue, inaccurate, or incomplete, or you have opted into the Program for an ulterior purpose, We may refuse you access to the Program and pursue any appropriate legal remedies.
California Civil Code Section 1798.83 permits Users of the Program that are California residents to request certain information regarding our disclosure of the information you provide through the Program to third parties for their direct marketing purposes. To make such a request, please contact us at the following address:
THE MUM CREW
HELP@THEMUMCREW.COM
This Privacy Policy is strictly limited to the Program and has no effect on any other privacy policy(ies) that may govern the relationship between you and Us in other contexts.
SMS Program:
THE MUM CREW (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at [help@themumcrew.com]. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and EngageMessage or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in [COMPANY’S CITY, STATE] before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which [COMPANY NAME]’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.