SMS Terms of Service
Last updated: Sep 29, 2021
The Baho Kids (USA), Inc. mobile message service (the "Service") is operated by Baho Kids (USA), Inc. (“Baho Kids USA”, “we”, or “us”).
Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If you have opted in, the Service provides updates, alerts, and information (e.g., order updates, account alerts, etc.) and/or promotional messages such as promotions, special offers, and other marketing offers (e.g., cart reminders) from Baho Kids USA via text messages through your wireless provider to the mobile number you provided. Message frequency varies.
You can cancel the Service at any time. You'll receive a one-time opt-out confirmation text message. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time, and we will start sending SMS messages to you again. If you have subscribed to other Baho Kids USA mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, email firstname.lastname@example.org.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply for any messages sent to you from us and to us from you, and Baho Kids USA is not liable for the cost of any such messages. You will receive recurring messages. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the Service provided by this short code, you can send an email to email@example.com.
You understand that anyone with access to your mobile phone may be able to view the messages you receive when using the Service, and you agree that Baho Kids USA will not be liable to you if this occurs.
You understand that you are not required to consent to the Service to receive any other services from Baho Kids USA.
By agreeing to these Terms of Service and providing us with your mobile phone number when you opt in to the Service, you authorize Baho Kids USA to contact you by text message at your mobile phone number using an automatic telephone dialing system or device, or any other computer assisted technology as applicable.
By using the Service, you agree to the terms of this Policy. Baho Kids (USA), Inc. reserves the right, in its sole discretion, to modify or change this Policy at any time with or without prior notice to you. The date of the last update will be posted at the top of this Policy for your convenience. This Policy, and any changes, are effective as soon as posted. Your continued use of the Service following the posting of any changes to the Policy constitutes your full acceptance of those changes.
“Personal Information” is information that individually identifies you, such as your mobile phone number or user/screen name, as well as any Personal Information that you choose to include in messages you send through the Service.
What Personal Information is Collected About You
Through the use of the Service, Baho Kids (USA), Inc. will receive the following information from our third party service provider: your mobile phone number when you send a text message to us, the text of messages that you send to other users of the Service, any user or screen name that you select in connection with the Service, as well as any comments or feedback regarding the Service that you send to us.
How Baho Kids (USA), Inc. Uses Personal Information About You
We use Personal Information to (a) provide you with the Service, (b) process and respond to inquiries, (c) improve the Service, (d) if necessary, contact you with important announcements or messages, (e) conduct research, and (f) provide anonymous reporting for internal and external clients and partners.
Each message that you send through the Service (either to us or to other users of the Service) is stored on our servers. We retain these messages on our servers. Baho Kids (USA), Inc. utilizes servers and services owned by third parties.
Disclosure of Your Information
We will not rent or sell your Personal Information to other companies or individuals, unless we have your consent. We may use or disclose such information in any of the following limited circumstances:
-We have your consent.
-We need to enforce our Terms of Service.
-We provide such information to trusted businesses or persons for the sole purpose of processing Personal Information on our behalf. When this is done, it is subject to agreements that oblige those parties to process such information only on our instructions and in compliance with this Policy and appropriate confidentiality and security measures. If the third party fails to comply with our terms, Baho Kids (USA), Inc. is not accountable in any way for any liability or reimbursement.
-We provide such information to third parties who have entered into non-disclosure agreements with us.
-We provide such information to a company controlled by, or under common control with, Baho Kids (USA), Inc. for any purpose permitted by this Policy.
-We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights, or the legal rights of others, or defend against legal claims.
-We believe it is necessary to share Personal Information to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Baho Kids (USA), Inc.’s Terms of Service, or as otherwise required by law.
-We transfer Personal Information about you if Baho Kids (USA), Inc. is, or its assets are, acquired by or merged with another company.
We may share aggregated information with others without further notice. An example of this would be the number of people who used the Service in a given month or the total number of texts sent in a given week.
Baho Kids (USA), Inc. takes precautions to ensure the security of your Personal Information, including ensuring that our third party service providers protect the security of your Personal Information. However, we cannot guarantee that hackers or unauthorized personnel will not gain access to your Personal Information despite our efforts. You should note that in using the Service, your information will travel through third party infrastructures which are not under our control (such as a third party SMS delivery platform or your carrier network).
We cannot protect, nor does this Policy apply to, any information that you transmit to other users. You should never transmit personal or identifying information to other users.
A mobile user might opt-in by:
-Entering a phone number online
Baho Kids (USA), Inc.’s third-party service provider gives you the ability to opt out of the Service for any reason.
We reserve the right to send you certain communications relating to the Service, such as announcements and administrative messages, without offering you the opportunity to opt-out of receiving them.
The Service is not intended for children under 13, and Baho Kids (USA), Inc. does not knowingly collect information from children under the age of 13.
Children aged 13 or older should not submit any Personal Information without the permission of their parents or guardians. By using the Service, you are representing that you are at least 18, or that you are at least 13 years old and have your parents’ permission to use the service.
Baho Kids (USA), Inc. requires that users of this service be limited to US residents only.
Questions or Concerns?
If you have any additional questions regarding this Policy, please feel free to contact us any time at firstname.lastname@example.org
SMS Abandoned Cart Disclosure
Third-Party Data Sharing
The above excludes text messaging originator opt-in data and consent; this information will not be shared with any third parties.
Location Tracking and Location-Based Services
If you have opted in, the Service provides alerts, information, promotions, specials, and other marketing offers (e.g., cart reminders) from Baho Kids USA, Inc.