Privacy Policy

Last Updated: 3/30/22

Protecting your privacy is very important to us. Accordingly, Primary Kids, Inc. (“Primary,” “we,” “us,” and “our”) is providing this Privacy Policy to explain our online and offline data processing practices including the collection, use and disclosure of information that we receive when you use our website located at www.primary.com ("Site") and our children’s clothing retail services accessible via our Site. This Privacy Policy outlines the kinds of information we may collect, how we intend to use and share that information, and how you may opt-out of a use or correct or change such information. To make the terms in this Privacy Policy easier to read, our Site, and services are collectively called the "Services." All Primary Kids, Inc. staff whose responsibilities include the handling of personal information about you and the individuals for whom you may be purchasing products (“personal information”) on behalf of Primary Kids, Inc. are expected to protect that information by adherence to this Privacy Policy. This Privacy Policy is intended to meet requirements globally, including those in North America, Europe, APAC, and other jurisdictions.

This Privacy Policy does not apply to any third-party websites, services or applications, even if they are accessible through our Services. Also, please note that, unless we define a term in this Privacy Policy, all capitalized terms used in this Privacy Policy have the same meanings as in our Terms of Service. So, please make sure that you have read and understand our Terms of Service.

Revisions to this Privacy Policy

Any information that is collected via our Services is covered by the Privacy Policy in effect at the time such information is collected. We may revise this Privacy Policy from time to time. If we make any material changes to this Privacy Policy, we’ll notify you of those changes by posting them on the Services or by sending you an email or other notification, and we’ll update the "Last Updated Date" above to indicate when those changes will become effective.

Additionally, before we use personal information for any new purpose not originally authorized by you, we will endeavor to provide information regarding the new purpose and give you the opportunity to opt-out. Where consent of the Individual for the Processing of personal information is otherwise required by law or contract, we will endeavor to comply with the law or contract.

Collection and Use of Personal Information

Information Collected or Received from You

The categories of personal information we collect depend on how you interact with us, our Services and the requirements of applicable law. We collect information that you provide to us, information we obtain automatically when you use our Services, and information from other sources such as third-party services and organizations, as described below.

• Account Information and Customer Interactions.

  When you create an Account, we’ll collect personal information that can be used to identify you, such as your name, password, and email address, and the individuals for whom you may be purchasing products. We will also collect additional personal information if you decide to purchase a product through our Services, such as your name, phone number, and shipping address. When you engage in certain activities via the Services, such as, without limitation, registering for e-mail promotions or notifications, setting up a shopping cart, filling out and submitting an online form, or contacting customer service, you may be asked to provide personal information, such as your name and email address. Depending on which activity you engage in, such personal information may be required or optional. If you agree to receive email or "special offers" from us when you sign up for an Account, or otherwise consent to receiving email from us, we may, from time to time, send you emails regarding our products and services. If you do not want to receive email advertisements, simply tell us when you sign up for your Account. The option to unsubscribe will also be present in every promotional email sent to you. If you encounter difficulties unsubscribing, please contact us at help@primary.com

• Purchases.

  We may collect personal information and details associated with your purchases, including payment information. Any payments made via our Services are processed by third-party payment processors. We do not directly collect or store any payment card information entered through our Services, but it may receive information associated with your payment card information (e.g., your billing details).

• Surveys.

  We may contact you to participate in surveys. If you decide to participate, you may be asked to provide certain information which may include personal information.

• Sweepstakes or Contests.

  We may collect personal information you provide for any sweepstakes or contests that we offer. In some jurisdictions, we are required to publicly share information of sweepstakes and contest winners.

• Job Applications.

  We may post job openings and opportunities on our Services. If you reply to one of these postings by submitting your application, CV and/or cover letter to us, we will collect and use your information to assess your qualifications.

• Information Collected Using Cookies and other Web Technologies.

  Like many website owners and operators, we use automated data collection tools such as Cookies and Web Beacons (“Technologies”) to collect certain information. "Cookies" are small text files that are placed on your hard drive by a Web server when you access our Services. We may use both session Cookies and persistent Cookies to identify that you’ve logged in to the Services and to tell us how and when you interact with our Services. We may also use Cookies to monitor aggregate usage and web traffic routing on our Services and to customize and improve our Services. Unlike persistent Cookies, session Cookies are deleted when you log off from the Services and close your browser. Although most browsers automatically accept Cookies, you can change your browser options to stop automatically accepting Cookies or to prompt you before accepting Cookies. Please note, however, that if you don’t accept Cookies, you may not be able to access all portions or features of the Services. Some third-party services providers that we engage (including third-party advertisers) may also place their own Cookies on your hard drive. Note that this Privacy Policy covers only our use of Cookies and does not include use of Cookies by such third parties. "Web Beacons" (also known as Web bugs, pixel tags or clear GIFs) are tiny graphics with a unique identifier that may be included on our Services for several purposes, including to deliver or communicate with Cookies, to track and measure the performance of our Services, to monitor how many visitors view our Services, and to monitor the effectiveness of our advertising. Unlike Cookies, which are stored on the user’s hard drive, Web Beacons are typically embedded invisibly on web pages (or in an e-mail). You may stop or restrict the placement of cookies on your computer or remove them from your browser by adjusting your web browser preferences.

  Our uses of these Technologies fall into the following general categories:

  • Operationally Necessary. This includes Technologies that allow you access to our Services, applications, and tools that are required to identify irregular website behavior, prevent fraudulent activity and improve security or that allow you to make use of our functionality;
  • Performance-Related. We may use Technologies to assess the performance of our Services, including as part of our analytic practices to help us understand how individuals use our Services (see Analytics below);
  • Functionality-Related. We may use Technologies that allow us to offer you enhanced functionality when accessing or using our Services. This may include identifying you when you sign into our Services or keeping track of your specified preferences, interests, or past items viewed;
  • Advertising- or Targeting-Related. We may use first party or third-party Technologies to deliver content, including ads relevant to your interests, on our Services or on third-party websites.

• Analytics.

  We may use Technologies and other third-party tools to process analytics information on our Services. Some of our analytics partners include:

  • Google Analytics. For more information, please visit Google Analytics’ Privacy Policy. To learn more about how to opt-out of Google Analytics’ use of your information, please click here.
  • Mixpanel. For more information about Mixpanel, please visit Mixpanel’s Privacy Policy.

• Social Media Platforms.

  Our Services may contain social media buttons such as Facebook, Instagram, and Twitter (that might include widgets such as the “share this” button or other interactive mini programs). These features may collect your IP address, which page you are visiting on our Services, and may set a cookie to enable the feature to function properly. Your interactions with these platforms are governed by the privacy policy of the company providing it.

• Information Related to Use of the Services.

  Our servers automatically record certain information about how a person uses our Services (we refer to this information as "Log Data"), including both Account holders and non-Account holders (either, a "User"). Log Data may include information such as a User’s Internet Protocol ("IP") address, browser type, operating system, the web page that a User was visiting before accessing our Services, the pages or features of our Services to which a User browsed and the time spent on those pages or features, search terms, the links on our Services that a User clicked on and other statistics. We use Log Data to administer the Services and we analyze (and may engage third parties to analyze) Log Data to improve, customize and enhance our Services by expanding their features and functionality and tailoring them to our Users’ needs and preferences. We may use a person’s IP address to fight spam, malware and identity theft. We also use the IP address to generate aggregate, non-identifying information about how our Services are used.

• Information Sent by Your Mobile Device.

  We collect certain information that your mobile device sends when you use our Services, like a device identifier, user settings and the operating system of your device, as well as information about your use of our Services.

• Location Information.

  In some cases, we collect and store information about where you are located, such as by converting your IP address into a rough geolocation. We may use location information to improve and personalize our Services for you.

• Via Email or Phone.

  We will also receive personal information about you if you send us an email or call our customer support number, and we’ll use that personal information in order to respond to your email communication or address your customer support inquiry.

• Purchase History.

  If you create an Account, in addition to collecting and storing Log Data, we may also store certain information that you provided in connection with completing your purchase via the Services for each visit and for a period of time prior to that purchase (e.g., your purchase history and certain billing information). We reserve the right to keep such information as long as is appropriate to be compliant with our retention policy or applicable law.

How We Use Your Information.

Additionally, we acquire, hold, use and process personal information for a variety of business purposes, including:

• To Provide Products, Services, or Information Requested.

  We may use personal information to fulfill requests for products, Services, or information, including information about potential or future Services, including to:

  • Generally manage Accounts;
  • Respond to questions, comments, and other requests;
  • Provide access to certain areas, functionalities, and features of our Services;
  • Contact you to answer requests for customer support or technical support.

• Administrative Purposes.

  We may use personal information for administrative purposes, including to:

  • Measure interest in our Services;
  • Develop new products and Services;
  • Ensure internal quality control;
  • Verify individual identity;
  • Communicate about individual Accounts and activities on our Services and systems, and, in our discretion, changes to any Primary Kids, Inc. policy;
  • Send email to the email address you provide to us to verify your Account and for informational and operational purposes, such as Account management, customer service, or system maintenance;
  • Process payment for products or services purchased;
  • Process applications and transactions;
  • Prevent potentially prohibited or illegal activities;
  • Enforce our Terms.

• Marketing Our Products and Services.

  We may use personal information to provide you with materials about offers, products, and Services that may be of interest, including new content or Services. We may provide you with these materials by phone, postal mail, or email, as permitted by applicable law. Such uses include:

  • To tailor content, advertisements, and offers;
  • To notify you about offers, products, and services that may be of interest to you;
  • To provide Services to you and our sponsors;
  • For other purposes disclosed at the time that Individuals provide personal information; or
  • Otherwise with your consent.

  You may contact us at any time to opt-out of the use of the personal information you’ve provided for marketing purposes, as further described in “Your Choices” below.

• Research and Development.

  We may use personal information to create non-identifiable information that we may use alone or in the aggregate with information obtained from other sources, in order to help us to optimally deliver our existing products and Services or develop new products and Services. From time to time, we may perform research (online and offline) via surveys. We may engage Third-Party service providers to conduct such surveys on our behalf. All survey responses are voluntary, and the information collected will be used for research and reporting purposes to help us better serve Individuals by learning more about their needs and the quality of the products and services we provide. The survey responses may be utilized to determine the effectiveness of our Services, various types of communications, advertising campaigns, and/or promotional activities. If an Individual participates in a survey, the information given will be used along with that of other study participants. We may share anonymous Individual and aggregate data for research and analysis purposes.

• Direct Mail, Text, Phone, and Email.

  Individuals who provide us with personal information, or whose personal information we obtain from Third Parties, may receive periodic emails, newsletters, mailings, text messages, or phone calls from us with information on our or our business partners’ products and services or upcoming special offers/events we believe may be of interest. We offer the option to decline these communications at no cost to the Individual by following the instructions in “Your Choices” below.

• Share Content with Friends.

  Our Services may offer various tools and functionalities. For example, we may allow you to provide information about your friends through our referral services. Our referral services may allow you to forward or share certain content with a friend, such as an email inviting your friend to use our Services.

• Services via Mobile Devices.

  From time to time, we may provide Services that are specifically designed to be compatible and used on mobile devices. We will collect certain information that your mobile device sends when you use such Services, like a device identifier, user settings, location information, mobile carrier, and the operating system of your device. Mobile versions of our Services may require that users log in with an Account. In such cases, information about use of mobile versions of the Services may be associated with Accounts. In addition, we may enable Individuals to download an application, widget, or other tool that can be used on mobile or other computing devices. Some of these tools may store information on mobile or other devices. These tools may transmit personal information to us to enable Individuals to access Accounts and to enable us to track use of these tools. Some of these tools may enable users to email reports and other information from the tool. We may use personal or non-identifiable information transmitted to us to enhance these tools, to develop new tools, for quality improvement and as otherwise described in this Privacy Policy or in other notices we provide. Also, we may occasionally send you push notifications through our mobile application. You may at any time opt-out from receiving these types of communications by changing the settings on your mobile device. We may also collect location-based information if you use our mobile applications. You may opt-out of this collection by changing the settings on your mobile device.

• Anonymous and Aggregated Information Use.

  We may use personal information and other information about you to create anonymized and aggregated information, such as de-identified demographic information, de-identified location information, information about the computer or device from which you access our Services, or other analyses we create. Anonymized and aggregated information is used for a variety of functions, including the measurement of visitors’ interest in and use of various portions or features of the Services. Anonymized or aggregated information is not personal information, and we may use such information in a number of ways, including research, internal analysis, analytics, and any other legally permissible purposes. We may share this information within our and with Third Parties for our or their purposes in an anonymized or aggregated form that is designed to prevent anyone from identifying you.

• Other Uses.

  We may use personal information for which we have a legitimate interest, such as direct marketing, individual or market research, anti-fraud protection, or any other purpose disclosed to you at the time you provide personal information or with your consent.

Information that We Share with Third Parties

We will not share any personal information that we have collected from you except as described below:

• Information Shared with Our Services Providers.

  We may engage third party service providers to work with us to administer and provide the Services including (i) provision of information and services you have requested; (ii) payment processing; (iii) customer service activities; and (iv) in connection with the provision of the Site. These third-party service providers have access to personal information only for the purpose of performing services on our behalf and are under contract to not disclose or use it for any other purpose.

• Information Shared for Interest-Based Advertising and Third Party Marketing.

  Through our Services, we may allow Third-Party advertising partners to set tracking tools (e.g., cookies) to collect information regarding your activities (e.g., your IP address, page(s) visited, time of day). We may also share such de-identified information as well as selected personal information (such as demographic information and past purchase history) we have collected with Third-Party advertising partners. These advertising partners may use this information (and similar information collected from other websites) for purposes of delivering targeted advertisements to you when you visit websites within their networks. This practice is commonly referred to as “interest-based advertising” or “online behavioral advertising.” We may allow access to other data collected by the Site to facilitate transmittal of information that may be useful, relevant, valuable or otherwise of interest to you. If you prefer that we do not share personal information with Third-Party advertising partners, you may opt-out of such sharing at no cost by following the instructions in the section titled “Your Choices” below.

• Information Shared with Other Users.

  The content you post to the Site may be displayed on the Site. Other users of the Site may be able to see some information about you, such as your name if you submit a review. We are not responsible for privacy practices of the other users who will view and use the posted information.

• APIs/SDKs.

  We may use third-party Application Program Interfaces (“APIs”) and software development kits (“SDKs”) as part of the functionality of our Services. For more information about our use of APIs and SDKs, please contact us as set forth below.

• Information Disclosed in Connection with Business Transactions.

  Information that we collect from our users, including personal information, is considered to be a business asset. As a result, if we go out of business or enter bankruptcy or if we are acquired as a result of a transaction such as a merger, acquisition or asset sale, personal information may be disclosed or transferred to the third-party acquirer in connection with the transaction. In such event, we will endeavor to direct the transferee to use personal information in a manner that is consistent with the Privacy Policy in effect at the time such personal information was collected.

• Information Disclosed for Our Protection and the Protection of Others.

  We cooperate with government and law enforcement officials or private parties to enforce and comply with the law. We may disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate: (i) to respond to claims, legal process (including subpoenas); (ii) to protect our property, rights and safety and the property, rights and safety of a third party or the public in general; and (iii) to stop any activity that we consider illegal, unethical or legally actionable activity.

Your Choices

We offer you choices regarding the collection, use and sharing of your personal information and we’ll respect the choices you make. Please note that if you decide not to provide us with the personal information that we request, you may not be able to access all of the features of the Services.

Opt-Out.

• Email Communications. We may periodically send you free newsletters and e-mails that directly promote our Services. You will have the option to "opt-out" of receiving such promotional communications from us when you create an Account or by following the unsubscribe instructions provided in the e-mail you receive. We do need to send you certain communications regarding the Services and you will not be able to opt-out of those communications – e.g., communications regarding updates to our Terms of Service or this Privacy Policy or information about billing. If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt-out of receiving future emails. We will process your request within a reasonable time after receipt. Note that you will continue to receive transaction-related emails regarding products or services you have requested. We may also send you certain non-promotional communications regarding Primary Kids, Inc. and our Services and you will not be able to opt out of those communications (e.g., communications regarding updates to our Terms or this Privacy Policy).

  Even if you opt-out, we may still collect and use non-personal information regarding your activities on our Site and/or information from the advertisements on Third-Party websites for non-interest based advertising purposes, such as to determine the effectiveness of the advertisements.

• Text Messages and Phone Communications. You may opt out of receiving text messages from us by following the instructions in the text message or by otherwise contacting us. You may opt out of receiving phone calls by contacting us as set forth below and or indicating that you would like to opt out via phone.
• Cookies and Interest-Based Advertising. The online advertising industry also provides websites from which you may opt-out of receiving targeted ads from our data partners and our other advertising partners that participate in self-regulatory programs. You can access these, and also learn more about targeted advertising and consumer choice and privacy, at www.networkadvertising.org/managing/opt_out.asp, or www.youronlinechoices.eu/ and www.aboutads.info/choices/.
  To be clear, whether you are using our opt-out or an online industry opt-out, these cookie-based opt-outs must be performed on each device and browser that you wish to have opted-out. For example, if you have opted-out on your computer browser, that opt-out will not be effective on your mobile device. You must separately opt-out on each device. Advertisements on Third-Party websites that contain the AdChoices link and that link to this Privacy Policy may have been directed to you based on anonymous, non-personal information collected by advertising partners over time and across websites. These advertisements provide a mechanism to opt-out of the advertising partners’ use of this information for interest-based advertising purposes.
• “Do Not Track.” Additionally, Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.

Rights of Access, Rectification, Erasure, and Restriction.

You may inquire as to whether we are Processing personal information about you, request access to personal information, and ask that we correct, amend or delete personal information where it is inaccurate. You may start here to request access to, receive (port), seek rectification, or request erasure of personal information you have provided. Such requests will be processed in line with local laws.

Although we make good faith efforts to provide Individuals with access to their personal information, there may be circumstances in which we are unable to provide access, including but not limited to: where the information contains legal privilege, would compromise others’ privacy or other legitimate rights, where the burden or expense of providing access would be disproportionate to the risks to the Individual’s privacy in the case in question or where it is commercially proprietary. If we determine that access should be restricted in any particular instance, we will provide you with an explanation of why that determination has been made and a contact point for any further inquiries. To protect your privacy, we will take commercially reasonable steps to verify your identity before granting access to or making any changes to personal information you have provided.

The Security of Your Information

We take reasonable administrative, physical and electronic measures designed to protect the information that we collect from or about you (including personal information) from unauthorized access, use or disclosure. When you enter sensitive information on our forms, we encrypt this data using SSL or other technologies. Please be aware, however, that no method of transmitting information over the Internet or storing information is completely secure. Accordingly, we cannot guarantee the absolute security of any information. We do not accept liability for unintentional disclosure.

By using the Site or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Site. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Site or sending an e-mail to you. You may have a legal right to receive this notice in writing.

Data Retention

We retain the personal information we receive as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.

Links to Other Sites

Our Services may contain links to websites and services that are owned or operated by third parties (each, a "Third-party Service"). Any information that you provide on or to a Third-party Service or that is collected by a Third-party Service is provided directly to the owner or operator of the Third-party Service and is subject to the owner’s or operator’s privacy policy. We’re not responsible for the content, privacy or security practices and policies of any Third-party Service. To protect your information, we recommend that you carefully review the privacy policies of all Third-party Services that you access.

International Users and Transfer

If you are visiting from the European Union or other global regions, please note that you are agreeing that personal information you provide may be transferred to, and maintained on, our computers and servers and the computers and servers of our service providers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. By providing information to us, you consent to the Processing of personal information in these locations. We endeavor to safeguard your information consistent with the requirements of applicable laws.

Our Policy Toward Children

Our Services are not directed to children under 13 (and in certain jurisdictions under the age of 16) (collectively, “child” or “children”) and we do not knowingly collect personal information from children. If you are under the age of 18, you must have your parent’s permission to access the Services. If you learn that your child has provided us with personal information without your consent, you may alert us at help@primary.com If we learn that we have collected any child’s personal information, we will promptly take steps to delete such information and terminate the child’s Account.

Supplemental Notice for California Residents

This Supplemental Notice for California Residents only applies to our processing of personal information that is subject to the California Consumer Privacy Act of 2018 (“CCPA”). The CCPA provides California residents with the right to know what categories of personal information Primary has collected about them and whether Primary disclosed that personal information for a business purpose (e.g., to a service provider) in the preceding 12 months. California residents can find this information below:

The categories of sources from which we collect personal information and our business and commercial purposes for using personal information are set forth above.

• “Sales” of Personal Information under the CCPA.

  California residents have the right to opt out of the “sale” of their personal information. Under the CCPA, “sale” is defined broadly and includes the transfer of personal information by a business to a third party for valuable consideration (even if there is no exchange of money).

  Primary may “sell” personal information under this definition. The categories of personal information we have “sold” and the categories of third parties we have “sold” personal information to in the preceding twelve months are listed below:

  Category of Personal Information Sold by Primary	Category of Third Parties Personal Information is Sold to
  Identifiers. A real name, postal address, unique personal identifier, online identifier, Internet Protocol address.	Advertising partners
  Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) A name.	Advertising partners
  Commercial information Records of products purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	Advertising partners
  Internet or other electronic network activity Browsing history, search history, information on a consumer's interaction with an internet website, application, or advertisement.	Advertising partners
  Geolocation data Physical location or movements.	Advertising partners
  Inferences drawn from other personal information to create a profile about a consumer Profile reflecting a consumer's preferences and behavior.	Advertising partners

  Primary’s business and commercial purposes for “selling” personal information can be found in the “Collection and Use of Information” section above. Primary does not have actual knowledge of any “sale” of personal information of minors under 16 years of age.

  Opt-out of “Sales.” California residents may opt-out of the “sale” of their personal information at the “Do Not Sell My Personal Information” link offered on our site to identified California users, or by contacting us as set forth below.

• Additional Privacy Rights for California Residents

  • Non-Discrimination. California residents have the right not to receive discriminatory treatment by us for the exercise of their rights conferred by the CCPA.
  • Authorized Agent. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. To designate an authorized agent, please contact us as set forth below.

  • Verification. To protect your privacy, we will take the following steps to verify your identity before fulfilling your request. When you make a request, we will ask you to provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include your name, email address, shipping or billing address, and phone number.

    If you are a California resident and would like to exercise any of your rights under the CCPA, please contact us as set forth below. We will process such requests in accordance with applicable laws.

  • Accessibility. This Privacy Policy uses industry-standard technologies and was developed in line with the World Wide Web Consortium’s Web Content Accessibility Guidelines, version 2.1. If you wish to print this policy, please do so from your web browser or by saving the page as a PDF.

Supplemental Notice for Nevada Residents

If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Information to third parties who intend to license or sell that Personal Information. You can exercise this right by contacting us at help@primary.com with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Please note that we do not currently sell your Personal Information as sales are defined in Nevada Revised Statutes Chapter 603A.

Questions?

Please contact us at help@primary.com or 1-844-435-5675 if you have any questions about our Privacy Policy.