• Your mobile telephone number.
• Your consent records, including the date and time of consent, the method of opt-in, the opt-in source and your IP address.
• Your interactions with our text messages, such as delivery status, replies, and opt-out or HELP requests.
• Information about your use of our website, including products you view or place in your shopping cart (see Section 3).2. How We Use Your InformationWe use this information only for the purposes described here and only where you have consented to the relevant messages. We use it to:
• Send promotional and informational text messages you have agreed to receive, including special offers, product information and cart reminders.
• Manage your subscription and communication preferences, including processing opt-outs and HELP requests.
• Provide customer support.
• Measure and improve our mobile messaging program.
• Maintain the security and operation of our services.
• Keep consent records and comply with applicable legal requirements.3. Express Consent and Abandoned Cart ActivityWe send marketing text messages only with your express consent. Consent is optional and is not a condition of purchasing any BABOR product or service. Consent to receive text messages is collected separately from consent to receive other marketing communications, such as email.The BABOR website uses cookies and similar technologies, including tracking technologies provided by Klaviyo, to keep track of products you view or place in your shopping cart, including when a shopping cart or checkout has been abandoned. If you have opted in to receive SMS marketing from BABOR, this information is used to determine when to send you cart reminder messages via SMS.4. Service Providers, Storage and Transfers Outside CanadaWe use Klaviyo, Inc. to operate this program. Klaviyo processes your mobile number, consent status and message interaction data on our behalf in order to send our messages, record consent, and process opt-out and HELP requests. Klaviyo hosts customer data in data centers located in the United States and uses sub-processors. You can find information about Klaviyo's sub-processors at www.klaviyo.com/legal/subprocessors.As a result, your personal information is stored and processed in the United States, where it may be accessible to courts, law enforcement and national security authorities under US law. Our service providers are bound to protect your information under contract.
We do not sell your mobile telephone number, SMS opt-in data or SMS consent status. We will not share your opt-in to the BABOR SMS program with any third party for purposes unrelated to providing you with that program. We may share personal information with service providers, including Klaviyo, telecommunications carriers and other vendors, who help us deliver text messages. The above excludes text messaging originator opt-in data and consent. That information is shared only with the service providers and carriers needed to deliver our messages, and it will not be shared with any third party for its own marketing purposes.5. Transition from Our Previous Messaging ProviderWe previously sent BABOR text messages through Attentive Mobile Inc. ("Attentive"). As part of our migration of the SMS program to Klaviyo, we transferred the mobile telephone numbers, SMS consent and opt-in status, and opt-out records for existing subscribers from Attentive to Klaviyo. Opt-out records were carried over so that we do not send text messages to anyone who has opted out. We may ask existing subscribers to reconfirm their consent, and we will send marketing text messages only where we hold consent that meets Canadian requirements. Attentive is no longer used to send BABOR text messages.6. Retention of Consent RecordsWe keep consent records for as long as needed to demonstrate that you consented and to meet our legal obligations. If you opt out, we keep the minimum information needed to make sure we do not text you again unless you opt in again. When personal information is no longer needed for the purposes described in this policy, we delete or de-identify it.7. Location InformationBABOR does not collect precise location information through its SMS program unless we tell you and obtain any consent required by law. Our website may collect general location information, such as information derived from an IP address, to provide and improve our services, for analytics, for fraud prevention and to personalize your experience.8. Opting Out and Opting Back InYou may withdraw your consent at any time by replying STOP, STOPALL, END, CANCEL, UNSUBSCRIBE, QUIT, REVOKE, or OPT OUT to a text message from BABOR, or by any other reasonable means, such as replying "remove me". We process withdrawal requests without delay and within 10 business days, and we will not send further marketing messages after that. You may opt back in by texting START or UNSTOP, or by texting JOIN and replying YES or Y to the confirmation message. For help, reply HELP to a BABOR text message. Message frequency varies. Message and data rates may apply.9. Your RightsUnder PIPEDA and applicable provincial law, you may:
• Ask whether we hold personal information about you and request access to it.
• Ask us to correct information that is inaccurate or incomplete.
• Withdraw your consent to receive marketing messages, at any time, as described in Section 8.
• Ask us to delete your personal information, where the law allows.
• If you live in Quebec, request a copy of your computerized personal information in a commonly used technological format, and ask us about automated decisions based on your information.To exercise these rights, or to ask questions about this policy, contact our Privacy Officer at BABOR Canada Inc., 6220 Westar Drive, LaSalle, ON N9J 0B5, Canada, Attn: Privacy Officer, or by email at [email protected] or by phone at +1-800-387-6016. We may need to verify your identity before responding.If you are not satisfied with our response, you may file a complaint with the Office of the Privacy Commissioner of Canada. If you live in Quebec, you may also contact the Commission d'accès à l'information du Québec.10. Changes to This SMS Privacy PolicyWe may update this SMS Privacy Policy from time to time to reflect changes to our practices, technologies or legal requirements. We will revise the "Last updated" date when we do. Where a change affects how we use your personal information, we will tell you before we make it, where the law requires it.11. Acceptable Use and Sensitive InformationOur SMS program is delivered through Klaviyo, Inc., subject to Klaviyo's Acceptable Use Policy, available at www.klaviyo.com/legal/acceptable-use-policy. Through text messages, we do not ask for, and we do not intentionally collect or store:
• health or medical information, including information about medical conditions or treatments;
• Social Security numbers, passport numbers, driver's license numbers, or other government identification numbers;
• credit or debit card numbers or other financial account information;
• personal information about children under 13.Please do not include this information in your messages. If you send it to us by text message, contact us using the details in this policy, and we will take steps to delete it where the law allows.12. Contact UsIf you have questions about this SMS Privacy Policy or BABOR's privacy practices, contact BABOR Canada Inc. at the address and email in Section 9, or use the contact information in the BABOR Privacy Policy.