Privacy policy
Welcome to the privacy policy for the website of cuddle+kind (aka cuddle and kind Inc., together with its subsidiaries or corporate affiliates, collectively known as “cuddle+kind,” “we,” “us” or “our”). We are committed to protecting your privacy. To learn more, please read the privacy policy that follows, which applies to the content and applications of this site as well as to cuddle+kind’s other services and products.
We recommend that you review this privacy statement periodically, as cuddle+kind reserves the right to change its terms at any time and apply these revised terms to all information previously collected. By visiting and/or using our website, you accept the practices described in this privacy policy. Any access to or use of the website by you after the changes go into effect shall constitute your agreement to this privacy policy. This privacy policy was last updated 11/13/2024.
What Is Personal Information?
Personal Information is information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
We do not consider personal information to include information that has been anonymized or aggregated so that it can no longer be used to identify a specific natural person, whether in combination with other information or otherwise.
What Information We Collect + How We Use it:
We collect personal information from you and any devices (including mobile devices) you use when you purchase products, subscribe to the email list or use our services. Some of this personal information, such as a way to identify you, is necessary to complete orders or provide requested information. The provision of all other personal information is voluntary, but may be necessary in order to use our services.
Examples of ways in which we may collect such information from you include the following:
Ordering: Before ordering products through our site, you will be required to provide certain personal information, including, but not limited to, your name, shipping and billing addresses, phone number, email address, and payment information. In addition, you may also be asked to provide your country of residence so we can comply with applicable laws and regulations. These kinds of personal information are used for billing purposes, to fulfill your orders, to communicate with you about your order and this site, and for internal or third-party marketing and promotional purposes. If we encounter a problem when processing your order, we will use the personal information to contact you.
Email address: Some areas of the site allow you to enter your email address for purposes including, but not limited to, registering for the cuddle+kind newsletter, promotional emails and emails from approved partners. You may unsubscribe at any time from receiving these messages by clicking on the “Unsubscribe” link contained in any promotional email. (Please note that despite unsubscribing from such marketing communications, we may still contact you in relation to your order(s) or any issues relating to any business you conduct with us.)
Cookies: We may use cookies, web beacons, pixel tags or other technologies to automatically collect certain information when you use our website, or interact with our emails on or from our website or other websites. Cookies are used to provide customers with tighter security, customized content, tracking of orders and shopping cart items that persist across browser restarts. Unfortunately, customers who turn off cookies in their browser settings may not be able to shop from this site. If you register with or order from us, we may use cookies to monitor and maintain information about how you use our website and what you buy. If you do not register with or buy from us, we may monitor and maintain information about your use of the website in order to improve your shopping experience and provide you with more relevant content and advertising. We determine if a user has abandoned their cart with a cookie, checking whether the existing user has already opted in for text marketing.
Text Marketing and Notifications
We value your privacy and the information you consent to share in relation to our SMS marketing service. We use this information to send you text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us.
Opt-in data and consent for text messaging will not be shared with any third-parties except for messaging partners, for the purpose of enabling and operating our text messaging program.
Our website uses cookies to keep track of items you put into your shopping cart, including when you have abandoned your checkout. This information is used to determine when to send cart reminder messages via SMS.
How We Use Your Personal Information:
We use the personal information we collect from you for a range of different business purposes and according to different legal bases of processing. The following is a summary of how and according to which legal bases we use your personal information.
We use your personal information to fulfill a contract with you and provide you with our Services, to comply with our legal obligation, protect your vital interest, or as may be required for the public good. This includes:
- To provide payment processing and account management, operate, measure and improve our services, keep our services safe, secure and operational, and customize site content that includes items and services that you may like in response to actions that you take.
- To contact you regarding your account, to troubleshoot problems with your account or order, to resolve a dispute, to collect fees or monies owed or as otherwise necessary to provide you customer service.
- When contacting you for such purposes as outlined above, we may contact you via email, telephone, SMS/text messages, postal mail, and via mobile push notifications.
- To provide other services requested by you as described when we collect the information.
- We use general location information to provide you with location based services (such as advertising, and other personalized content).
- To prevent, detect, mitigate, and investigate fraud, security breaches or other potentially prohibited or illegal activities.
We use your personal information to pursue our legitimate interests where your rights and freedoms do not outweigh these interests. We have implemented controls to balance our interests with your rights. This includes to:
- Contact you via email or postal mail in order to offer you coupons, discounts and special promotions, poll your opinions through surveys or questionnaires and inform you about our Services, as authorized by applicable law.
- Deliver targeted marketing, service updates, and promotional offers based on your communication preferences.
- Measure the performance of our email marketing campaigns (e.g. by analyzing open and click rates).
- Monitor and improve the information security of our site.
With your consent, we may use your personal information to:
- Provide you with marketing via email, SMS or text.
- Provide you with marketing from third parties.
- Customize third party advertising you might see on third party websites.
You have the right to withdraw your consent at any time.
We will not make automated decisions about you that would significantly affect you, unless such a decision is necessary as part of a contract we have with you, we have your consent, or we are required by law to use such technology.
Ways You Can Access, Control, and Correct Your Personal Information
Access, Correction, and Deletion of Your Personal Information:
You can see, review and change most of your personal information by requesting it by contacting the Privacy Officer below. Please, update your personal information immediately if it changes or is inaccurate.
We will honor any statutory right you might have to access, modify or erase your personal information. To request access and to find out whether any fees may apply, if permitted by applicable national laws, please contact us using the information below. Where you have a statutory right to request access or request the modification or erasure of your personal information, we can still withhold that access or decline to modify or erase your personal information in some cases in accordance with applicable national laws.
If you request that we stop processing some or all of your personal information or you withdraw (where applicable) your consent for our use or disclosure of your personal information for purposes set out in this privacy notice, we might not be able to provide you all of the Services and customer support offered and authorized under this privacy notice and our Terms of Use.
Upon your request, we will remove your personal information from view as soon as reasonably possible, based on your account activity and in accordance with applicable national laws.
How We Might Share Your Personal Information:
We may disclose your personal information to the following parties for the following purposes:
As disclosed in or contemplated by this privacy policy, we do provide personal information to our service providers that we have retained to perform the requested fulfillment of services such as purchase delivery, marketing and advertising, direct mail and email. We may also share aggregated or summarized information regarding our customers with partners, advertisers or other third parties. cuddle+kind may also disclose your personal information to government agencies or regulatory authorities where required by law. It may also be used to help detect, investigate, mitigate and prevent potentially fraudulent and illegal acts, violations of our Terms of Use, and data security breaches.
Service Providers and Financial Institutions Partners as Follows:
Third party service providers who help us to provide our Services, payment processing services, assist us in providing customize advertising, to assist us with the prevention, detection, mitigation, and investigation of potentially illegal acts, violations of our Terms of Use, fraud and/or security breaches
Third party shipping providers (e.g., DHL, UPS, USPS, Canada Post, etc.) with whom we share delivery address, contact information and shipment tracking information for the purposes of facilitating the delivery of items purchased and other delivery related communications.
Law Enforcement, Legal Proceedings, and as Authorized by Law:
To law enforcement or governmental agencies, or authorized third-parties, in response to a verified request or legal process relating to a criminal investigation or alleged or suspected illegal activity or any other activity that exposes us, you, or any other of our users to legal liability, we will only disclose information we deem relevant to the investigation or inquiry, such as name, city, state/province, postcode, telephone number, email address, IP address and purchase history.
To third parties involved in a legal proceeding, if they provide us with a subpoena, court order or substantially similar legal basis, or we otherwise believe in good faith that the disclosure of information is necessary to prevent imminent physical harm or financial loss or to report suspected illegal activity, we will only disclose information we deem relevant.
Change of Ownership:
In the unlikely event that our company or substantially all of our assets are acquired by a third party, customer information may be one of the transferred assets. Should such a sale or transfer occur, we will use reasonable efforts to try to require that the transferee use personal information provided through the services in a manner that is consistent with this privacy policy.
How Long We Keep Your Personal Information:
We retain personal information regarding you or your use of the Services for as long as your account is subscribed to our Services or for as long as needed to provide you or our Services and warranties. We also retain personal information for as long as necessary to achieve the purposes described in this Privacy Policy, for example, to comply with our legal obligations, to protect us in the event of disputes, to enforce our agreements and to protect our and others’ interests.
The precise periods for which we keep your personal information vary depending on the nature of the information and why we need it. Factors we consider in determining these periods include the minimum required retention period prescribed by law or recommended as best practice, contractual agreements, warranties, the period during which a claim can be made with respect to an agreement or other matter, whether the personal information has been aggregated or pseudonymized, and other relevant criteria. For example, the period we keep your email address is connected to how long your email is subscribed to our mailing list.
After it is no longer necessary for us to retain your personal information, we will dispose of it in a secure manner according to our data retention and deletion policies.
You may delete your personal information by contacting us at privacy@cuddleandkind.com and we will delete the personal information it holds about you (unless we need to retain it for the purposes set out in this Privacy Policy).
Please note that in the course of providing the Services, we collect and maintain aggregated, anonymized or de-personalized information which we may retain indefinitely.
Protecting Your Information:
cuddle+kind employs physical, electronic and procedural safeguards to protect the personal information you provide to us. As with any transmission over the Internet, however, there is always some element of risk involved in sending personal information and no data transmission can be guaranteed to be 100% secure. In order to try to minimize this risk, we encrypt your personal information, including your name, credit card number and address, using the Secure Sockets Layer (SSL) protocol so that it cannot be read as it is transmitted over the Internet.
Data Transfers:
Personal information that you submit through the Services may be transferred to countries other than where you live, such as, for example, to our servers in the North America.
Your personal information may be transferred to countries that do not have the same data protection laws as the country in which you initially provided the information.
Children's Privacy:
Our websites are general audience websites and not intended for children. We do not knowingly collect personal information from users deemed to be children under their respective national laws.
Links To Third-Party Websites:
Links to third-party websites may be provided solely for your information and convenience, or to provide additional information for various other goods and services. If you use these links, you will leave our site. This privacy policy does not cover the information practices of those websites linked to our site, nor do we control their content or privacy policies. We suggest that you carefully review the privacy policies of each site you visit.
Data Protection Officer:
If you have questions, comments or complaints about this Privacy Policy or our privacy practices or if you would like to exercise your rights and choices, please email us at privacy@cuddleandkind.com, or write to us at the addresses below:
cuddle and kind Inc.
Attention: Legal - Privacy
200 Continental Drive
Suite 401
Newark, Delaware
19713
USA
You may have the right to restrict or object to the processing of your personal information or to exercise a right to data portability under applicable law. You also may have the right to lodge a complaint with a competent supervisory authority, subject to applicable law. If you are subject to EU data protection laws, we suggest you lodge any such complaints with our lead supervisory authority:
Irish Data Protection Commissioner
Office of the Data Protection Commissioner
Canal House, Station Road, Portarlington, Co. Laois, R32 AP23, Ireland
Phone +353 57 868 4757
Fax: +353 57 868 4757
Email: info@dataprotection.ie
Contact Us:
If you have any concerns about our use of your information or about this privacy policy, please send an email to privacy@cuddleandkind.com. We will attempt to address your concerns and any problems you bring to our attention.
Or you can write to us at:
cuddle and kind Inc.
200 Continental Drive
Suite 401
Newark, Delaware
19713
USA
We will respond to your inquiry or investigate your concern as quickly as possible.
Cuddle and Kind Privacy Policy
Privacy Policy
Effective Date: Nov 13, 2024
Welcome to cuddleandkind.com ("the Website"), operated by Cuddle and Kind Inc.("we," "us," or "our"). At Cuddle and Kind Inc., we value your trust and are committed to protecting your privacy. This Privacy Policy outlines how we collect, use, disclose, and protect your personal information when you use our Website or interact with us through other means. By using the Website, you agree to the practices described in this Privacy Policy.
Our Commitment to Your Privacy:
At cuddleandkind.com, we deeply value your privacy and are dedicated to protecting it. This includes adhering to:
- The United States Federal Electronic Communications Privacy Act.
- The United States Federal Computer Fraud and Abuse Act.
- The European Union's General Data Protection Regulation (GDPR).
- The Canadian privacy laws like PIPEDA.
What We Do with Your Information:
We gather certain information about our customers as part of our service. We only share this information with parties not associated with us when absolutely necessary and in accordance with the law. Your trust is important to us, and we're committed to maintaining the confidentiality and integrity of your personal data.
Information We Collect
Personal Details
We may collect personal information, including but not limited to your name, email address, and phone number, primarily when you make purchases on our Website. Please note that if you purchase our products through third-party platforms, we may not have access to this information.
Types of Information We Collect
In the past year, we have collected the following types of information:
- Basic details, such as names, addresses, phone numbers, and email addresses.
- Information about your online activities, including websites visited, search history, and interaction with advertisements.
- Geolocation data based on your device.
- Sensitive information, such as race, health details, or religious beliefs, but only when necessary.
- User detail sharing with affiliates or partners.
Text Marketing and Notifications
How We Collect Your Information:
When you use our Messaging Service, we gather various details from you. This includes:
- Your phone number and email address when you sign up.
- Your messaging history and the content of your messages.
- Information is collected through cookies or similar technologies, which help personalize your experience (like sending you reminders about your shopping cart).
- If you join any contests, sweepstakes, studies, or surveys through the Messaging Service, we collect your contact information and any other details you provide.
- If you contact us with questions or for customer service, we'll also collect your contact information.
Chatbot Interaction
If you use our chatbot, we may collect information related to your interactions with the chatbot and any information you provide during those interactions.
User-Generated Content
When you post comments, feedback, reviews, or other content on our Website, you may be providing us with personal information.
Contacting Us
When you contact us for inquiries or other purposes, we may collect the information you provide during these interactions.
Payment Details
For online purchases, your payment details are processed by third-party payment processors like Shopify. You can review privacy policy at shopify.com/legal/privacy.
Your Security
At cuddleandkind.com, we prioritize keeping your financial details private and secure. Here's how we do it:
- Secure Online Shopping: We use QualitySSL, a top-notch security technology, to encrypt your order information. This means your data is turned into a code that's extremely hard to read, ensuring your transaction is safe and processed immediately.
- Safe Credit Card Transactions: When you buy something, the credit card details are handled in a secure part of our website. This prevents any misuse or unauthorized access to your information. You'll know you're in a secure area when you see a yellow padlock icon at the bottom left of your screen and the web address begins with cuddleandkind.com. This secure zone is where you'll stay throughout the entire checkout process.
- Trusted Partnerships: We work with third-party companies for credit card processing, shipping, and website hosting. These partners only get the information they need to do their jobs. We make sure they follow strict rules to keep your information safe and private, in line with federal standards.
- Staff Training and Policies: Our team is trained to protect your personal information. They're instructed to use this information only for business reasons, ensuring your privacy is respected.
- Legal Compliance: If the law requires it, we may have to share certain personal details about you. This would only happen if ordered by a court or if we believe it's necessary to follow legal requirements.
Your security is our top concern, and we're committed to ensuring a safe and trustworthy shopping experience at cuddleandkind.com.
IP Address and Other Automatically Collected Information
We collect general information about your visits to our Website, including the date and time of your visit, your geographic location, and your browsing activities. This information helps us enhance your experience on our Website.
Third-Party Partners
We work with third-party companies to operate our Website and gather data. These partners may use cookies to collect anonymous data about how users interact with our Website. They have committed to using this information solely to improve our services and not for their own purposes.
Overview of Data Collection
| Type of Data | Examples | Purpose | Categories of Source | Categories of Third Parties | Data Retention |
|---|---|---|---|---|---|
| Identifiers and Personal Information | name, email, etc. | Order processing, communication, and personalization | Direct input by users | Zendesk, Google Tag Manager, Elevar, Shopify, Microsoft Clarity, Privy, Criteo, Klaviyo, Yotpo, Google Ads, Microsoft Advertising, Wunderkind | 5 years or as long as the account is active |
| Internet or Network Activity | browsing history, search history | Website improvement and marketing analysis | Automatic collection when users browse the website | Zendesk, Google Tag Manager, Elevar, Microsoft Clarity, Privy, Criteo, Klaviyo, Yotpo, Google Ads, Microsoft Advertising | 2 years |
| Geolocation Data | physical location | Localized content, shipping estimates, and targeted marketing | Automatic collection or manual input | Zendesk, Google Tag Manager, Elevar, Shopify, Microsoft Clarity, Privy, Criteo, Klaviyo, Google Ads, Microsoft Advertising, Wunderkind | 2 years |
| Sensitive Personal Information | health data, religious beliefs, etc. | Secure transactions, identity verification, and personalized experiences | Direct input by users | Zendesk, Google Tag Manager, Elevar, Shopify, Microsoft Clarity, Privy, Criteo, Klaviyo, Yotpo, Google Ads, Microsoft Advertising, Wunderkind | 5 years or as long as the account is active |
Use of Cookies and Tracking Tools
Our Website employs various tools to enhance your experience:
Cookies
Cookies are small files sent to your computer that remember your preferences and visits to our Website. You can manage or delete cookies through our cookie banner, browser settings, or mobile device settings. However, disabling cookies may affect the functionality of our Website.
Web Beacons
Tiny images known as web beacons help us track which parts of our Website you visit.
Pixel Tags
Pixel tags track your activity on our Website, including the links you click.
We also utilize Google Analytics to understand user interactions without revealing personal identities. To learn more about Google Analytics or opt-out, visit here and here. We may incorporate additional tools in the future to enhance our website analytics.
Chatting on Our Website
Our Website features a chat tool that allows you to interact with automated helpers or real representatives. We may retain chat conversations for record-keeping purposes. Your usage of the chat implies consent to recording.
"Do Not Track" Browser Setting
While some web browsers offer a "Do Not Track" feature, our Website does not alter its behavior based on this signal. Future changes may be implemented if a standard approach is established.
Giving Us Permission to Use Your Info
By providing us with your personal information, you grant us permission to use and share it as outlined in this Privacy Policy.
Age Limit and International Use
Our Website is intended for users aged 18 and older. We do not knowingly collect information from individuals under 13. Using our Website from outside the U.S. implies consent for data transfer across borders.
How We Use Your Info
We use your personal information for various purposes, including:
Consent, Public Task, Legitimate Interests
- Communication
- Order fulfillment
- Issue resolution
- Payment processing (handled by Shopify)
- Understanding user preferences
- Website improvement
- Ensuring website functionality
- Compliance with legal requirements
- Maintaining website security
- Other purposes detailed in our Privacy Policy and Terms and Conditions
We may contact you for essential updates, security, or account-related matters. If you wish to unsubscribe from emails or messages, please let us know.
Getting Texts from Us
When you opt-in for marketing texts, you agree to receive promotional messages. The frequency of these messages varies, and you can opt-out anytime. Standard messaging rates may apply; check with your phone provider.
Your Rights and Choices
You have rights concerning your personal information:
- Access: You can request access to your data.
- Deletion: You can request the deletion of your data.
- Correction: You can update or correct your data.
- Objection: You can object to specific data uses.
- Portability: You can request data portability.
To exercise these rights or learn more, cuddleandkind.com for our Data Subject Request form or contact us at hello@cuddleandkind.com.
Non-Discrimination
We will not discriminate against you for exercising your privacy rights.
Legal Jurisdiction and Applicable Law
This Privacy Policy is governed by and construed in accordance with the laws of [Your Jurisdiction]. By using our Website, you consent to the exclusive jurisdiction of the state and federal courts located in [Your Jurisdiction] for any disputes arising from this Privacy Policy.
Contact Us
If you have any questions, comments, or concerns about this Privacy Policy or our data practices, please contact us at:
Cuddle and Kind Inc.
200 Continental Drive Suite 401 Newark, Delaware 19713 USA
855-781-8778
For questions related to data protection and privacy, please contact our Data Protection Officer at:
cuddle and kind Inc.
Attention: Legal - Privacy
200 Continental Drive
Suite 401
Newark, Delaware
19713
USA
You may have the right to restrict or object to the processing of your personal information or to exercise a right to data portability under applicable law. You also may have the right to lodge a complaint with a competent supervisory authority, subject to applicable law. If you are subject to EU data protection laws, we suggest you lodge any such complaints with our lead supervisory authority:
Irish Data Protection Commissioner
Office of the Data Protection Commissioner
Canal House, Station Road, Portarlington, Co. Laois, R32 AP23, Ireland
Phone +353 57 868 4757
Fax: +353 57 868 4757
Email: info@dataprotection.ie