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Effective Date: November 1, 2021

This privacy policy (the “Policy”) identifies the privacy practices of QUARK BABY LTD., d/b/a QUARK (collectively “Quark Baby”, “QUARK” “we”, “our”, or “us”) on the website quarkbaby.com (the “Website”). The Policy applies only to information we collect through the Website.

This Policy does not identify or govern the privacy practices of any third party, and we are not responsible for third-party privacy practices, even if we provide links to a third party’s website in the Policy, on the Website, or elsewhere. Any information you provide to a third party will be governed by that third party’s privacy policy and practices, which we encourage you to review.

If you have any questions about this privacy policy, please contact us at:
hello@quarkbaby.com
1 (855)-HI-QUARK
1 (855) 447-8275

You can also write to us:
QUARK BABY LTD.
595 HOWE STREET, SUITE #506
VANCOUVER BC V6C 2T5
CANADA

By purchasing any product or service on the Quark Baby Website, you agree to be bound by our Shipping and Handling and Returns & Exchanges Policies.

Personal Information: If you fill any forms to provide any information to us on the Quark Baby Website, make purchases through the Website, create a user account on the website, or interact with the Website we may obtain certain kinds of “Personal Information”, including your name, date of birth, age, email address, address, or phone number in accordance with standard business practices in Canada and the United States.

Payment Information: If you are paying for baby products (goods or services) that you purchase on the Website, you may be asked to provide certain payment information, including, but is not limited to, your credit or debit card number, card expiration date, CVV code, check payment information, and billing/payment account address.

When you make or verify purchases on the Website, you may be required to input some or all of this information. We use payment processors that allow us to process payments to sell products and services to you. It may appear that we are collecting this payment information directly, but the payment information is provided to the third-party payment processor which has embedded its payment portals on the Website.

At Quark Baby, we may receive only limited information of yours from that third party to verify or ship purchases or for fraud prevention, such as your billing address and contact information. We are not responsible for any payment information held by the payment processors and encourage you to review their terms of use and privacy policies.

Automated Data-Collection Methods: When you visit the Quark Baby Website, some information is automatically collected as part of our web optimization program. This may include information such as the browser type and version, screen resolution, monitor color depth, AOL version (if applicable), operating system, JavaScript version, and connection speed, and Internet Protocol (“IP”) address, access times, date and time of creation of accounts, language, the website you visited before or will visit after using our Website, and other generalized information.

We may also collect information about how you use the Website, including the elements you have interacted with, metadata, and other details about these elements, change states and other user actions. We may use some or all of the following automated data collection methods:

• Cookies: Cookies are small pieces of data sent to your browser from a web server and stored on your computer’s hard drive. There are many different kinds of cookies, including:
  
  • First Party Cookies: These are cookies that are collected by a website and are only used by the website when you visit.
  • Third-Party Cookies: These cookies are used to share information with third parties such as advertisers or social media platforms.
  • Session Cookies: These cookies remain active on your browser until it is closed.
  • Persistent Cookies: Your browser stores these cookies for a specific amount of time before the cookies expire. These are used to perform functions such as keeping you logged in or for web analytics purposes.
  • Secure or HTTP-only Cookies: These cookies help prevent malicious cross-site attacks.
  • Disabling Cookies: Your web browser may include a function that permits you to refuse the setting of all or some cookies. If you do so, you may not be able to access all or parts of the Website.
    
    

Third-Party Data Collection: We may partner with third parties to provide various services on or through the Quark Baby Website. These third parties may obtain information, including Personal Information or payment information, from you. They may also employ automated data collection tools (see the section below entitled “Automated Data-Collection Methods”). We are not responsible for any information provided to or obtained, held, or otherwise used by such third parties. We encourage you to review any third party’s terms of use, privacy policies, agreements, or other similar documents.

• Google Analytics: The Website, as well as third parties, may use Google Analytics cookies or similar analytics tools to collect aggregate information about how users visit the Website. You can review Google Analytics’ data practices here, and may install a Google Analytics Opt-out Browser Add-on here. We are not responsible for third parties’ use of Google Analytics or other similar tools or software.
• Social Media Widgets: Some pages of the Website may use social media features, including without limitation, “Like” or “Share” buttons to aid social media sharing or interactive features. These features may collect your IP address, information about the webpage you are visiting or using, and may set a cookie to enable the feature to function properly. Social media features and widgets are hosted by a third party or hosted directly on our Products. We do not control any of the content from the social media widgets and recommend that you review each social media company’s privacy policies prior to using any such widget.
• Single Sign-On Tools: You may be able to create and log into user accounts on the Website or App using single sign-on (“SSO”) tools through third-party services. SSO services will authenticate your identity, give you the option to share certain of your Personal Information with us, and will automatically populate information required to create or log into an account with us. Some third parties that provide SSO services allow you to post or share information concerning your interaction with the Website on their network. These third parties may collect information about you, all of which is governed by such third-party websites.
• Third-Parties’ Use of Website Cookies: When you use the Website, you may be directed to third party websites which contain cookies or other automated data-collection methods. Third parties may also use tools that track your activity online, even when you are on the Website or other websites. We are not responsible for third parties’ use of cookies.
• Web Beacons: Pages of the Websites may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages and for other related statistics or information.
• Server Logs: We may track information about your visit to the Website and store that information in web server logs.
• Retargeting: We may use certain technologies, such as cookies and web beacons to collect visitor data on the Websites and use that data to serve targeted display advertisements to you when you visit other websites. Our partners may also use technology to collect this data.

Do Not Track Signals: “Do Not Track” is a preference you can set in certain web browsers to let websites you visit know that you do not want them tracking certain information about you. The Website does not currently respond to Do Not Track settings.

We get that this may be confusing, so if you need further details regarding Do Not Track settings, you can visit https://www.eff.org/issues/do-not-track which will explain further.

Of course, you should be able to opt out entirely. To generally opt-out of receiving personalized ads from third-party advertisers and ad networks who are members of the Network Advertising Initiative (NAI) or who follow the Digital Advertising Alliance’s (DAA) Self-Regulatory Principles for Online Behavioral Advertising visit the opt-out pages on the NAI website and DAA website or click here. If you are located in the European Union, please click here to opt out. We make no representation or warranty concerning the effectiveness of opt-outs of any third-party cookies or other tracking mechanisms.

2. USE AND SHARING OF INFORMATION

We may collect and use the Personal Information we collect for certain purposes, including the following purposes:

• Presenting and providing content to you, and operating and improving the Quark Baby Website;
• Providing the Website and offering our products and services to you, and communicating with you;
• Carrying out our obligations to you and enforcing our rights arising from any contracts entered into between you and us, including for billing and collection;
• Identifying you as a user in our system;
• Improving our products, services, and Website, and how we operate our business;
• Understanding and enhancing your experience using our Website, services, and products;
• Providing and delivering our services and products that you request;
• Responding to your comments or questions and for our support team to provide related services;
• Sending you information, including, without limitation, confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages, and modifications or updates to the Policy, Website, or other terms where applicable, and other messages;
• Communicating with you about surveys, promotions, upcoming events, news about products and services offered by us and our affiliates or partners, and for our other marketing purposes;
• Linking or combining your information with other information we get from third parties to help understand your needs and provide you with better service;
• Permitting you to access and interact with interactive features of the Website;
• Monitoring and analyzing site traffic, usage, trends, and activities related to our services or the Website, and diagnosing technical problems, administering the Website, or providing or displaying content;
• Protecting, investigating, and deterring against fraudulent, unauthorized, or illegal activity; and
• For any other purpose that you request or with your consent.

We do not sell, rent, lease, or share your Personal Information to third parties, but we may share your Personal Information with others in the following circumstances:

• If information is “anonymized”, meaning it cannot be used to identify you;
• To fulfill the purpose for which you provide Personal Information, including to third-party payment processors, fulfillment centers, or shipping companies;
• To our parent companies, subsidiaries, affiliates, agents, contractors, service providers, partners, and other third parties we use to support our business (including, without limitation, our information technology or similar personnel);
• To comply with any enforceable subpoena, government or regulatory request or demand, investigative demand, court order, law or legal process;
• To enforce or apply our legal rights and to defend against legal claims;
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of us, our customers, or others, including for the purposes of fraud protection and credit risk reduction; 
• In an emergency, including to protect the personal safety of any person; 
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal Information held by us about the Website’s users is among the assets transferred.  Additionally, in the event of an 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 also acquire and possess the Personal Information collected by us and will assume the rights and obligations regarding your personal information as described in this Policy; or any other purpose disclosed by us when you provide Personal Information; or with your consent.

3. DATA PROTECTION

We maintain reasonable administrative, physical, and technological measures to protect the confidentiality and security of Personal Information you submit via this Website and to ensure that such Personal Information is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. These security measures, however, cannot guarantee that any information that we possess will be completely secure.  By using the Website, you expressly acknowledge that we do not guarantee the security of any data provided to or received by us through the Website and that any information provided to us by you or received by us from you through the Website is provided at your own risk.

4. EMBEDDED CONTENT FROM OTHER WEBSITES

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracing your interaction with the embedded content if you have an account and are logged in to that website.

5. DATA RETENTION

We retain information for the time reasonably necessary to provide services requested by you, or for purposes stated in this Policy. You may choose to restrict the collection or use of your Personal Information in the following ways:

• whenever you are asked to fill in a form on the Website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes;
• if you have previously agreed to us using your Personal Information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at the contact information listed above.

6. EMAIL AND SMS OPT-OUT RIGHTS

By providing Quark Baby with your email address, you give us permission to send you emails about our services, products, and other updates.  You have the right to opt out of receiving future marketing, promotional, or emails from us at any time by following the instructions set forth in any such emails, including by clicking the “Unsubscribe” button included at the bottom of each email. If you enroll in our SMS marketing program, you may opt out by clicking or sending STOP in response to the SMS message or following any other instructions set forth in the SMS message, provided necessary certain communications may not be disabled or prevented, such as service announcements and administrative messages.

Even if you opt out of such communications, we may nevertheless transmit non-promotional communications to you, such as communications concerning our business relationship with you. We may not accommodate a request to change Personal Information if we believe that the requested change would violate any law or legal requirement or cause the information to be incorrect.

7. CHANGES TO THIS QUARK PRIVACY POLICY

Business changes quickly, and so we reserve the right to modify and revise the Policy at any time.  The Effective Date of the Policy is set forth at the top of this webpage, and this Policy supersedes any and all prior versions.  If we materially change the way we collect, use, or disclose your Personal Information, we will notify you prior to said change by email and/or by inserting a prominent notice on the Website.