BABOR Messaging Terms & Conditions 1. Program DescriptionBy opting in, you agree to receive promotional and informational commercial electronic messages by SMS and MMS from BABOR Canada Inc. ("BABOR"), including special offers, product information and cart reminders. These messages are sent on our behalf by our messaging service provider, Klaviyo, Inc. ("Klaviyo"). This program is available to recipients in Canada. Recipients in the United States are covered by separate BABOR messaging terms.2. ConsentWe send marketing text messages only to people who have given express consent. Consent is optional and is not a condition of any purchase of BABOR products or services. Consent to receive email marketing or providing your phone number for another purpose does not count as consent to receive text messages.You may subscribe by texting JOIN to our number, or by signing up through a BABOR form or checkout page that shows this consent request with an unchecked box. We will send you a confirmation message. Your subscription becomes active only after you reply YES or Y to that confirmation message.You confirm that you are the subscriber or an authorized user of the mobile number you provide. Your consent is not transferable to any other organization. We record the date and time of your consent, the method of opt-in, the opt-in source and your IP address as proof of consent.3. Message Identification and Contact InformationEach message identifies BABOR Canada Inc. as the sender and provides a way to contact us, either in the message or through a link to the contact details below:
• Mailing address: 6220 Westar Drive, LaSalle, ON N9J 0B5, Canada
• Phone: +1-800-387-6016 (Mon-Fri, 8:30 a.m. - 5:30 p.m. EST)
• Text: +1-226-797-5104 (Mon-Fri, 8:30 a.m. - 5:30 p.m. EST)
• Email: [email protected]
4. Message Frequency, Timing and Costs
• Message frequency varies. BABOR may change how often messages are sent.
• We generally send messages between 8:00 a.m. and 9:00 p.m. in your local time zone.
• Message and data rates may apply. Please check your mobile plan for details.5. Supported Devices and CarriersNot all mobile devices, handsets, or carriers are supported, and messages may not be deliverable in all areas. Messages may not be deliverable if you add digits or symbols to our phone number. BABOR, its service providers, including Klaviyo, and the mobile carriers supported by this program are not liable for delayed or undelivered messages.6. How to Opt OutYou may withdraw your consent at any time, free of charge, by texting STOP, STOPALL, END, CANCEL, UNSUBSCRIBE, QUIT, REVOKE, or OPT OUT to our number. Keywords are not case-sensitive. A message that contains one of these keywords anywhere in it (for example, "please stop sending me texts") will also be treated as an opt-out. You may also withdraw consent by any other reasonable means, such as replying "remove me" or "do not contact". We process opt-out requests without delay and in any event within 10 business days. Each message includes instructions for opting out, and the opt-out option remains valid for at least 60 days after each message is sent.After you opt out, you will receive one confirmation message. You will not receive further marketing text messages from this program unless you opt in again.7. HelpText HELP to our number to receive customer care contact information for messaging support. You can also contact BABOR Canada Customer Care using the details in Section 3.8. Opting Back InTo opt back in, text START or UNSTOP to our number, or text JOIN and reply YES or Y to the confirmation message.9. Previously Opted-In SubscribersIf you subscribed to BABOR text messages before we migrated our program to Klaviyo, we may ask you to reconfirm your consent. We will send you marketing text messages only where we hold consent that meets the requirements of Canadian law. These Messaging Terms replace the previous BABOR messaging terms that referred to Attentive Mobile Inc. You may opt out at any time as described in Section 6.10. PrivacyInformation you provide in connection with this program is handled in accordance with the BABOR SMS Privacy Policy for Canada and the BABOR Privacy Policy. You also agree to the BABOR Terms of Use.11. Changes to the Program and These TermsBABOR may change the phone number from which messages are sent and will notify you when we do so. We may update these Messaging Terms from time to time. The updated version will show a revised "Last updated" date.12. Governing Law and DisputesThese Messaging Terms are governed by the laws of the province or territory in which you reside and the federal laws of Canada that apply there. If you have a concern, please contact BABOR Customer Support first so that we can try to resolve it. Nothing in these Messaging Terms limits any right you have under Canadian law, including under Canada's Anti-Spam Legislation (CASL).13. Acceptable Use of Our MessagesOur text messages are delivered through Klaviyo, Inc., and BABOR's use of this program complies with Klaviyo's Acceptable Use Policy, available at www.klaviyo.com/legal/acceptable-use-policy. In particular, BABOR will not:
• send text messages to anyone who has not consented to receive them or who has opted out;
• direct this program to children under 13, or knowingly send text messages to or collect information from them;
• request or store health information, Social Security numbers or other government identification numbers, or financial account information through text messages;
• send content that is false, misleading, deceptive, or fraudulent;
• obscure or prevent your ability to opt out.If you believe a message from BABOR does not comply with these Messaging Terms, please contact BABOR Customer Support using the details in the Contact section of these Messaging Terms.14. Contact
BABOR Canada Inc., 6220 Westar Drive, LaSalle, ON N9J 0B5, Canada. Customer Care: phone +1-800-387-6016 (Mon-Fri, 8:30 a.m. - 5:30 p.m. EST); text +1-226-797-5104 (Mon-Fri, 8:30 a.m. - 5:30 p.m. EST); email [email protected].