• Your mobile telephone number.
• SMS consent and opt-in status, including the date and time of consent, the method of opt-in (for example, a sign-up form or a keyword), the opt-in source and the IP address at the time of consent.
• Your interactions with our text messages, such as delivery status, replies and opt-out or HELP requests.
• Information related to your use of our website, including products you view or place in your shopping cart (see Section 3).2. How We Use Your InformationInformation collected in connection with BABOR's SMS program may be used to:
• Send marketing, promotional, informational and other SMS communications you have agreed to receive, including special offers, product information and cart reminders.
• Manage your SMS subscription and communication preferences, including processing opt-outs and HELP requests.
• Provide customer support.
• Measure and improve the performance of our mobile messaging program.
• Maintain the security and operation of our services.
• Keep records of consent and comply with applicable legal and regulatory requirements.3. Abandoned Cart and Website ActivityThe BABOR website uses cookies and similar technologies, including tracking technologies provided by Klaviyo, to help 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 communications from BABOR, this information is used to determine when to send you cart reminder messages via SMS.4. Service Providers and Third-Party Data SharingWe use Klaviyo, Inc. as our messaging service provider. Klaviyo processes your mobile number, SMS consent status and message interaction data on our behalf in order to send our text messages, record your consent, and process opt-out and HELP requests. Information about Klaviyo's own privacy practices is available at www.klaviyo.com/legal.
We will not share your opt-in to the BABOR SMS program with any third party for purposes unrelated to providing you with the services of that program. We may share your personal data, including your SMS opt-in or consent status, with third parties that help us provide our messaging services, including our messaging platform provider Klaviyo, telecommunications carriers, and other vendors who assist us in the delivery of text messages.BABOR does not sell or share your mobile telephone number, SMS opt-in data, or SMS consent with any third party for their own marketing or promotional purposes. 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 (including the date and method of consent), 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. Attentive is no longer used to send BABOR text messages.6. Retention of Consent RecordsWe keep your SMS consent records for as long as needed to demonstrate that you consented and to comply with applicable law. If you opt out, we keep the minimum information needed to make sure we do not text you again unless you opt in again.7. Location InformationBABOR does not collect precise location information through its SMS marketing program unless this is specifically disclosed to you and you provide any consent required by applicable law. Our website and services may collect general location information, such as information derived from an IP address, for purposes such as providing and improving our services, analytics, fraud prevention, or personalizing your experience.8. SMS ConsentBABOR will only send marketing text messages to individuals who have provided the appropriate consent to receive them. Consent to receive SMS communications is collected separately from consent to receive communications through other marketing channels. Providing your telephone number for another purpose, or consenting to receive email marketing, does not by itself constitute consent to receive SMS marketing messages. Consent to receive marketing text messages is not a condition of purchasing any BABOR product or service.9. Opting Out of SMS CommunicationsYou may opt out of BABOR marketing text messages at any time by replying STOP, STOPALL, END, CANCEL, UNSUBSCRIBE, QUIT, REVOKE, or OPT OUT to a text message from BABOR, or by using another opt-out method provided in the message, where available. You may also revoke consent by any other reasonable means, such as replying with a message that expresses your intent to stop receiving messages (for example, "remove me"). We will process your request within 10 business days. After opting out, you may receive a confirmation message. You will no longer receive marketing text messages from that BABOR SMS program unless you opt in again, for example by texting START or UNSTOP, or by texting JOIN and confirming with YES or Y.For help, reply HELP to a BABOR text message or contact BABOR Customer Support at phone +1-800-333-4055, text +1-207-309-8665 (Mon-Fri, 8:30 a.m. - 5:30 p.m. EST), or email [email protected]. Message frequency varies. Message and data rates may apply.10. Your Privacy RightsDepending on where you live, you may have rights under applicable privacy laws, such as the right to know, access, correct, or delete personal information we hold about you, and the right to withdraw consent. To exercise these rights, or to ask questions about this SMS Privacy Policy, please contact us using the details in the BABOR Privacy Policy. Withdrawing your SMS consent is also possible at any time by using the opt-out methods described in Section 8.11. Changes to This SMS Privacy PolicyWe may update this SMS Privacy Policy from time to time to reflect changes to our practices, technologies, legal requirements, or other factors. Any updates will be reflected by revising the "Last updated" date.12. 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.13. Contact UsIf you have questions regarding this SMS Privacy Policy or BABOR's privacy practices, please contact BABOR COSMETICS AMERICA CORP., 2999 NE 191st St Unit 404, Aventura, Florida 33180, USA, by phone at +1-800-333-4055, by text at +1-207-309-8665 (Mon-Fri, 8:30 a.m. - 5:30 p.m. EST), or by email at [email protected].
