TERMS AND CONDITIONS
By clicking the BUTTON “AGREE”, “I ACCEPT”, “Submit signature” OR OTHERWISE INDICATING ACCEPTANCE, BY REGISTERING FOR OR USING THE SERVICES, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT (the “Agreement”), WHICH GOVERNS YOUR USE OF THE SERVICEs. If you do not agree to all of the terms of THIS AGREEMENT, do not click the button “submit signature” which will indicate that you do not accept the terms of THIS AGREEMENT and you will be provided with a full refund.
NO PROVISION OF MEDICAL ADVICE. The Services that the Sleep Consultant provides are not intended to replace, SUBSTITUTE or supplement the medical advice by YOUR physician, paediatrician or qualified health care provider. None of the advice or the Services that the Sleep Consultant provides WILL be considered medical advice nor should the advice be relied upon as medical advice. Therefore, YOU should consult your physician, paediatrician, or qualified health care provider to rule out any potential underlying medical conditions before embarking on a new sleep program OR USING THE SERVICES. If a medical problem appears or persists, do not disregard or delay seeking medical advice from YOUR physician, paediatrician or qualified health care provider. THE SERVICES ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. IF THERE IS CONFLICT BETWEEN THE SERVICES OF THE SLEEP CONSULTANT AND medical advice GIVEN by YOUR physician, paediatrician or qualified health care provider, YOU SHOULD DEFER TO YOUR physician, paediatrician or qualified health care provider THAT YOU put your TRUST in.
Definitions. For the purposes of this Agreement, except as otherwise defined herein, the following words and phrases will have the following meanings:
“Claims” means all claims, suits, demands, judgments, losses, injuries, obligations, liabilities, costs, damages, and expenses of whatever form or nature, including, without limitation, legal fees, experts’ and consultants’ fees, and other costs of legal defense.
“Improvements” means any modifications, enhancements, changes or new proprietary information that is developed in relation to the Services.
“Privacy Policy” means The Sleep Consultants privacy policy set forth as Exhibit “A” attached hereto which explains how The Sleep Consultant collects, uses and shares your personal information. Although information given within this questionnaire shall be held confidential, if in exceptional circumstances, there is, in the opinion of the Sleep Consultant, a risk of personal injury to you or other persons, The Sleep Consultant may, in its sole discretion, refer this opinion to other professionals.
“Services” means the following services provided by The Sleep Consultant:
Sleep Intake Form;
Sleep Report;
Sleep Education;
Follow-up Assistance; including but not limited to all communication, emails, texts, telephone and video conference calls.
Creation of an individualized sleep plan; and
Any other documents provided by the Sleep Consultant and given to You before or after the commencement of this Agreement.
“SIDS Information Outline” means the amended American Academy of Pediatrics guidelines on sudden infant death syndrome (SIDS) and safe cospleeping recommendations adapted from: Maximizing the chances of Safe Infant Sleep in the Solitary and Cosleeping (Specifically, Bed-sharing) Contexts, by James J. McKenna, Ph.D. Professor of Biological Anthropology, Director, Mother-Baby Sleep Laboratory, University of Notre Dame) attached hereto as Exhibit “B”.
“Taxes” means any consumption, excise, goods and services, harmonized sales, retail sales, social services, use, value added taxes and any other tax, duty, governmental fee or other like assessment or charge of any kind whatsoever imposed by any federal, provincial, state, territorial, municipal or other governmental authority in any jurisdiction.
“The Sleep Consultant” means Dr. Laura Gainche (Ph.D.), a sole individual with a principal place of business in Tokyo, Japan, who will be providing the Services.
"User, Client, customer, you or your” means any person who uses Laura Gainche's services including packages, hourly calls, website or social media content, booking an appointment with Laura Gainche, including any person who may be involved in your child's sleep condition and environment (family, nanny, babysitter, daycare staff, friend).
Currency. All currency or dollar references in this Agreement will be in Japanese Yen].
Payments. You are obligated to pay in advance for the Services. You order through The Sleep Consultant’s website. The Sleep Consultant accepts payment through the use of the third party payment facilitator “PayPal”. By accepting this Agreement, You are giving The Sleep Consultant (or a third-party payment processor on The Sleep Consultant’s behalf) permission to charge You for fees that You owe The Sleep Consultant. All information that You provide in connection with a purchase must be accurate, complete, and current. You are responsible for and must pay any and all applicable Taxes. and third party payment processor fees.
Agreement Term for the Services. Unless earlier terminated pursuant to the terms of this Agreement, The Sleep Consultant will provide the Services agreed upon (“Agreement Term”). However, if in order to reach your goals, the period of services needs to be extended from the original service, you will need to purchase additional services from the Sleep Consultant.
Force Majeure. In the event that The Sleep Consultant is delayed in or prevented from performing its obligations under this Agreement due to a Force Majeure Event then, upon written notice to You: (a) the affected obligations under this Agreement will be suspended to the extent necessary during the period of the Force Majeure Event, and (b) The Sleep Consultant will not have any liability to You or any other person in connection with such suspended obligation. For purposes of this Agreement, a “Force Majeure Event” means an event beyond The Sleep Consultant’s reasonable control, including an act of God, fire, flood, explosion, public health emergencies, communicable disease outbreak, general Internet outages, civil disorder, strike, lockout or other labour trouble, material shortages of utilities, delay in transportation, destruction or damage to production facilities breakdown or accident, any law, ruling, judgment, demand or requirement of any governmental authority, riot, war, or other cause beyond the reasonable control of The Sleep Consultant.
Termination. This Agreement and the Services may be terminated as follows:
by The Sleep Consultant immediately, with cause, if: (1) The Sleep Consultant does not receive full payment hereunder when due and such non-payment continues for five days following The Sleep Consultant’s demand for payment in writing; (2) in The Sleep Consultant’s sole and absolute discretion, You have been verbally abusive or confrontational or do not follow the agreed upon sleep plan; (3) You miss two or more scheduled calls with The Sleep Consultant any time during the Agreement Term without giving The Sleep Consultant at least one (1) hour advance prior notice; (4) You request a suspension of the Services for greater than 1.5 weeks; (5) You fail to initiate the sleep plan within one week of The Sleep Consultant’s sleep education session; (6) You fail to inform The Sleep Consultant about any major changes in Your family’s routine (including, but not limited to, prolonged vacations, changes to daycare or nanny arrangements, living accommodations or relocations, career changes, etc.); or (7) You fail to respond to two emails from The Sleep Consultant over the course of one week;
by The Sleep Consultant, by giving You written notice, if The Sleep Consultant is delayed in or prevented from performing an obligation under this Agreement for a period longer than one (1) month in duration due to a Force Majeure Event; or
by either party, for convenience and without cause on one week prior written notice to the other party.
Effect of Termination.
If the Services are terminated or cancelled by You, for any reason, You will not be entitled to any refund. You will pay for all actual costs, including time spent by The Sleep Consultant incurred to complete activities associated with the termination and close-out of the Services.
If the Services are terminated by The Sleep Consultant pursuant to Section 7(a), The Sleep Consultant will not be obligated to refund to You any portion of the purchase price paid by You (if any).
If The Sleep Consultant terminates the Services for convenience pursuant to Section 7(b) or Section 7(c), The Sleep Consultant will refund a pro-rated portion of the purchase price (if any) to You to account for the unused portion of the Services.
Nothing in this Section gives you any right to a refund from The Sleep Consultant except as stated herein.
Your Representation and Warranties. You and any person involved with your child's sleep condition and environment (family, carer and nanny, daycare, babysitter) have read, acknowledge and agree that:
You have read the SIDS Information Outline attached hereto as Exhibit “B” and You will follow the safe sleeping practices recommended by the SIDS Information Outline.
You are at least 18 years old, are at least of the legally required age in the jurisdiction in which You reside, and are otherwise capable of entering into binding contracts.
You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that You will so abide.
You consent to the collection, use, sharing and transfer of Your data as outlined in the Privacy Policy as updated from time to time.
You will immediately contact Your physician, paediatrician or qualified health care provider if You or Your baby or any person involved in your child's sleep condition and environment, have any medical conditions which may influence your child's safety during sleep.
You will disclose any medical condition(s) to The Sleep Consultant that You or Your baby or family has.
You acknowledge that Your use of the Services is voluntary and that injuries, accidents, or other complications may result from participation is your responsibility.
You acknowledge and agree that it is Your responsibility to follow instructions for any service provided or purchases You make, and to seek help from The Sleep Consultant if You have any questions.
You acknowledge and agree that injuries, accidents, or other complications associated with the Services may result from Your use of the Services. You agree to consult with Your physician if You are concerned about any of the risks to You or Your baby or Your family’s health or well-being that may result from the Services.
You acknowledge and agree that if You request a “baby-led” versus a “parent-led” sleep solution as a part of the Services, You understand that the baby-led solution requires additional time.
You acknowledge and agree that after The Sleep Consultant reviews Your intake form, The Sleep Consultant may notice or identify potential medical issues, nutritional sensitivities or maternal health issues that, in The Sleep Consultant sole opinion, require treatment before The Sleep Consultant will commence the Services. If this is the case, You acknowledge and agree that The Sleep Consultant will not provide the Services and will recommend other experts for You to meet with prior to initiating the Services.
No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR PURCHASE OF THE SERVICES IS AT YOUR SOLE RISK. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SLEEP CONSULTANT MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING THE SERVICES AND EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY (INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES: (a) REGARDING THE SCOPE OR NATURE OF CONTENT OR SERVICES THAT WILL BE AVAILABLE TO CUSTOMER; OR (b) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, USE, TITLE OR NON-INFRINGEMENT), AND WILL HAVE NO LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO YOU, INCLUDING WITHOUT LIMITATION FOR ANY DAMAGES WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL, REGARDLESS OF THE FORM OF THE ACTION, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, IN TORT OR OTHERWISE AND YOU HEREBY WAIVE ANY AND ALL CLAIMS OR DEMANDS THEREFOR. To the extent that the jurisdiction in which you reside or to which The Sleep Consultant delivers the Service does not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, the limitations or exclusions set out in this Section may not apply to you in such a jurisdiction and any implied warranties relating to the Service are limited to thirty (30) days from the commencement of the Services. These implied warranties give you specific legal rights and you may have other rights, which vary from jurisdiction to jurisdiction.
Exclusion of Damages. To the maximum extent permitted by law, in no circumstances WILL THE SLEEP CONSULTANT be liable to YOU or any third party for lost profits (whether direct or indirect), costs of substitute SERVICES, or for incidental, consequential, punitive, special or exemplary damages, or indirect damages of any type however caused, whether by breach of representation or warranty, breach of contract, in tort, negligence or any other legal or equitable cause of action even if THE SLEEP CONSULTANT has been advised of such damages in advance or if such damages were foreseeable.
Release of Liability and Indemnity. To the extent permitted by law, You shall release, indemnify, defend and hold harmless The Sleep Consultant, its employees, legal representatives, agents, successors and assigns (collectively with The Sleep Consultant, the “The Sleep Consultant Indemnified Parties”), from and against any and all Claims by any party against any of The Sleep Consultant Indemnified Parties to the extent any Claim arises or results from: (i) the Services provided; (ii) the acts, omissions, gross negligence or willful misconduct of You; and (iii) without limitation on the generality of (i) and (ii) above, any claim for injury or death to any persons. In the event that all or any portion of this release of liability and indemnity Section is deemed to be inapplicable for any reason, including, without limitation, as a result of a decision of an applicable court, legislative enactment or regulatory order, the parties agree that this release of liability and indemnity Section shall be interpreted as requiring You to release indemnify, defend and hold harmless The Sleep Consultant Indemnified Parties to the fullest extent permitted by law.
Limitation of Liability. the total, cumulative liability of THE SLEEP CONSULTANT arising out of or related to THE SERVICES or THIS AGREEMENT, whether based on contract, in tort or any other legal or equitable theory, WILL be limited in the aggregate to the amounts actually paid to THE SLEEP CONSULTANT hereunder during the twelve (12) month period preceding the first event giving rise to liability. The existence of more than one claim WILL not enlarge this limit.
Response to Court Orders: Notwithstanding any other provision herein, You hereby consent to The Sleep Consultant providing any information relating to You and the Services, and any other information related thereto, as may be requested at any time by way of subpoena or other court order, and agree to indemnify and hold harmless The Sleep Consultant from all costs, liabilities, losses, or expenses arising in connection therewith.
Feedback and Improvements. You understand and agree that any Improvements, feedback, input, suggestions, recommendations, troubleshooting information or other similar information that You provide or which is made available to The Sleep Consultant (including in the course of utilizing support or the Services) may be used by The Sleep Consultant to modify, enhance, maintain and improve The Sleep Consultant and shall become The Sleep Consultant’s exclusive property without any obligation or payment to You.
Assignment. You will not transfer or assign any rights or obligations under this Agreement without the express written consent of The Sleep Consultant.
Notices. Any notice required or otherwise given pursuant to this Agreement will be in writing and faxed, mailed certified return receipt requested, postage prepaid, or delivered by overnight delivery service, to the address set forth in The Sleep Consultant’s intake form. Any such notice, if sent by postage prepaid or delivered by overnight delivery service, will be deemed to have been given or received on the second business day following the day on which it is sent. The address at which notice may be given to a party may be changed by the giving of notice of such change by that party to the other party as provided for in this Section.
Waiver. No party is to be deemed to have waived the exercise of any right that it holds under this Agreement unless such waiver is made in writing. No waiver made with respect to any instance involving the exercise of any such right is to be deemed to be a waiver with respect to any other instance involving the exercise of the right or with respect to any other such right.
Severability. If any part or parts of this Agreement are held unenforceable for any reason, the remainder of this Agreement will continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision will be deemed to be construed as so limited.
Governing Law; Forum. This Agreement and the Services shall be governed by and construed in accordance with the laws of Japan. The Tokyo District Court of Japan shall have the exclusive jurisdiction in the first instance over any dispute regarding this Agreement. Each of the parties submit to the exclusive jurisdiction of any Tokyo District Court sitting in Tokyo district, in any action, application, reference or other proceeding arising out of or related to this Agreement and the Services and agrees that all Claims in respect of any such actions, application, reference or other proceeding will be heard and determined in such Tokyo district courts and further consents to any action, application, reference or other proceeding arising out of or related to this Agreement being tried or heard in Tokyo district, Japan.
Amendments. You agree that The Sleep Consultant may change the terms of this Agreement from time to time by notifying You in accordance to clause 17. You agree to accept, and You hereby accept, any changes to the terms of this Agreement, unless the changes impose commercially unreasonable disadvantages on You. If a change imposes commercially unreasonable disadvantages on You and The Sleep Consultant receives a written objection from You within 30 days of the date when You received notice or You should have noticed the change, The Sleep Consultant may, at The Sleep Consultant’s sole option and discretion, (a) reverse such change with the effect that the immediately prior version of this Agreement will continue to apply to You, or (b) terminate this Agreement and Your use of the Services and refund to You any prepaid services fees for time periods after the effective date of the change to which You objected in accordance with this Agreement.
Entire Agreement. This Agreement contains the whole agreement between the parties relating to the subject matter herein and supersedes any and all promises, representations, warranties, undertakings or other statements whether written or oral made by or on behalf of the one party to the other of any nature whatsoever or contained in any document given by one party to the other.
BY AGREEING TO THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, YOU UNDERSTAND THESE TERMS AND CONDITIONS, AND YOU AGREE TO BE BOUND BY THIS AGREEMENT.
EXHIBIT “A”
PRIVACY POLICY
Privacy Policy
Last updated: November 08, 2020
This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.
We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of this Privacy Policy:
Account means a unique account created for You to access our Service or parts of our Service.
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Science For All Women.
For the purpose of the GDPR, the Company is the Data Controller.
Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
Country refers to: Japan
Data Controller, for the purposes of the GDPR (General Data Protection Regulation), refers to the Company as the legal person which alone or jointly with others determines the purposes and means of the processing of Personal Data.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Personal Data is any information that relates to an identified or identifiable individual.
For the purposes for GDPR, Personal Data means any information relating to You such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity.
Service refers to the Website.
Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used. For the purpose of the GDPR, Service Providers are considered Data Processors.
Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.
Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Website refers to Science For All Women, accessible from sciwom.org
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Under GDPR (General Data Protection Regulation), You can be referred to as the Data Subject or as the User as you are the individual using the Service.
Collecting and Using Your Personal Data
Types of Data Collected
Personal Data
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
Email address
First name and last name
Bank account information in order to pay for products and/or services within the Service
Usage Data
When You pay for a product and/or a service via bank transfer, We may ask You to provide information to facilitate this transaction and to verify Your identity. Such information may include, without limitation:
Date of birth
Passport or National ID card
Bank card statement
Other information linking You to an address
Usage Data
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
Tracking Technologies and Cookies
We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service. The technologies We use may include:
Cookies or Browser Cookies. A cookie is a small file placed on Your Device. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service. Unless you have adjusted Your browser setting so that it will refuse Cookies, our Service may use Cookies.
Flash Cookies. Certain features of our Service may use local stored objects (or Flash Cookies) to collect and store information about Your preferences or Your activity on our Service. Flash Cookies are not managed by the same browser settings as those used for Browser Cookies. For more information on how You can delete Flash Cookies, please read "Where can I change the settings for disabling, or deleting local shared objects?" available at https://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html#main_Where_can_I_change_the_settings_for_disabling__or_deleting_local_shared_objects_
Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).
Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser. Learn more about cookies: Cookies: What Do They Do?.
We use both Session and Persistent Cookies for the purposes set out below:
Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies identify if users have accepted the use of cookies on the Website.
Functionality Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.
For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy or the Cookies section of our Privacy Policy.
Use of Your Personal Data
The Company may use Personal Data for the following purposes:
To provide and maintain our Service, including to monitor the usage of our Service.
To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
To manage Your requests: To attend and manage Your requests to Us.
For business transfers: We may use Your information to evaluate or conduct 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 Data held by Us about our Service users is among the assets transferred.
For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.
We may share Your personal information in the following situations:
With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, for payment processing, to contact You.
For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.
With Your consent: We may disclose Your personal information for any other purpose with Your consent.
Retention of Your Personal Data
The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.
The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.
Disclosure of Your Personal Data
Business Transactions
If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.
Law enforcement
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
Comply with a legal obligation
Protect and defend the rights or property of the Company
Prevent or investigate possible wrongdoing in connection with the Service
Protect the personal safety of Users of the Service or the public
Protect against legal liability
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
Detailed Information on the Processing of Your Personal Data
Service Providers have access to Your Personal Data only to perform their tasks on Our behalf and are obligated not to disclose or use it for any other purpose.
Email Marketing
We may use Your Personal Data to contact You with newsletters, marketing or promotional materials and other information that may be of interest to You. You may opt-out of receiving any, or all, of these communications from Us by following the unsubscribe link or instructions provided in any email We send or by contacting Us.
We may use Email Marketing Service Providers to manage and send emails to You.
Mailchimp
Mailchimp is an email marketing sending service provided by The Rocket Science Group LLC.
For more information on the privacy practices of Mailchimp, please visit their Privacy policy: https://mailchimp.com/legal/privacy/
Payments
We may provide paid products and/or services within the Service. In that case, we may use third-party services for payment processing (e.g. payment processors).
We will not store or collect Your payment card details. That information is provided directly to Our third-party payment processors whose use of Your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.
Stripe
Their Privacy Policy can be viewed at https://stripe.com/us/privacy
PayPal
Their Privacy Policy can be viewed at https://www.paypal.com/webapps/mpp/ua/privacy-full
When You use Our Service to pay a product and/or service via bank transfer, We may ask You to provide information to facilitate this transaction and to verify Your identity.
GDPR Privacy
Legal Basis for Processing Personal Data under GDPR
We may process Personal Data under the following conditions:
Consent: You have given Your consent for processing Personal Data for one or more specific purposes.
Performance of a contract: Provision of Personal Data is necessary for the performance of an agreement with You and/or for any pre-contractual obligations thereof.
Legal obligations: Processing Personal Data is necessary for compliance with a legal obligation to which the Company is subject.
Vital interests: Processing Personal Data is necessary in order to protect Your vital interests or of another natural person.
Public interests: Processing Personal Data is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Company.
Legitimate interests: Processing Personal Data is necessary for the purposes of the legitimate interests pursued by the Company.
In any case, the Company will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
Your Rights under the GDPR
The Company undertakes to respect the confidentiality of Your Personal Data and to guarantee You can exercise Your rights.
You have the right under this Privacy Policy, and by law if You are within the EU, to:
Request access to Your Personal Data. The right to access, update or delete the information We have on You. Whenever made possible, you can access, update or request deletion of Your Personal Data directly within Your account settings section. If you are unable to perform these actions yourself, please contact Us to assist You. This also enables You to receive a copy of the Personal Data We hold about You.
Request correction of the Personal Data that We hold about You. You have the right to to have any incomplete or inaccurate information We hold about You corrected.
Object to processing of Your Personal Data. This right exists where We are relying on a legitimate interest as the legal basis for Our processing and there is something about Your particular situation, which makes You want to object to our processing of Your Personal Data on this ground. You also have the right to object where We are processing Your Personal Data for direct marketing purposes.
Request erasure of Your Personal Data. You have the right to ask Us to delete or remove Personal Data when there is no good reason for Us to continue processing it.
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EXHIBIT “B”
SIDS INFORMATION OUTLINE
Safe Sleep: Recommendations adapted from AAP and University of Notre Dame sleep recommendations
Approximately 3500 infants die each year in the United Started from sleep related infant deaths. Explore these recommendations and relevant resources below to help families create a safer sleep environments for their children.
Definition: "Sudden infant death syndrome (SIDS) or crib death is defined as “the sudden death of an infant under one year of age which remains unexplained after a thorough case investigation, including performance of a complete autopsy, examination of the death scene, and review of the clinical history”" from the textbook Crib Death SIDS by Giulia Ottaviani. This means that any suffocation-related death does not contribute to SIDS
From the same book we read: " Despite a wide spectrum of proposed theories, its etiology remains uncertain. The most important pathogenetic theories in SIDS are the respiratory (apnea), the cardiac (arrhythmogenic), and the visceral dyskinetic (glottic spasm and/or esophagogastric reflux) theories. It has been stressed that neurogenic factors play a role in all these theories, but particularly in the cardiac arrhythmogenic one since the cardiac conduction system and the accessory pathways are strictly controlled by the respiratory, cardiovascular, and upper digestive autonomic nervous system".
This passage suggests that most SIDS death happen in babies who had an underlying medical condition.
Safe Sleep Environment Recommendations
Back to Sleep for every sleep.
Infants should be placed for sleep in a supine position (wholly on the back) for every sleep by every caregiver until the child reaches 1 year of age.
Placing infants on their sides or stomachs for sleeping is not advised.
Skin-to-Skin is recommended for all mothers and newborns, regardless of feeding or delivery method, immediately following birth (as soon as the mother is medically stable and awake) for at least an hour. Thereafter, or when the mother needs to sleep or take care of other needs, infants should be placed supine in a bassinet.
For more information on skin to skin review the American Academy of Pediatrics (AAP) Clinical Report, Safe Sleep and Skin to Skin in the Neonatal Period for Healthy Term Newborns.
Use a firm sleep surface.
Infants should be placed on a firm sleep surface (eg, firm mattress in a safety-approved crib) covered by a fitted sheet with no other bedding or soft objects to reduce the risk of SIDS and suffocation.
Infants should never be left to sleep on sofas, armchairs or in sitting devices.
Soft bedding remains a risk for infants older than 4 months
Breastfeeding is recommended.
Breastfeeding is associated with a reduced risk of SIDS. Unless contraindicated, mothers should breastfeed exclusively or feed with expressed milk (ie, not offer any formula or other nonhuman milk-based supplements) for 6 months, in alignment with recommendations of the AAP.
Explore the AAP Breastfeeding resources for more information or this online module from the National Action Partnership to Promote Safe Sleep, An Individualized Approach to Helping Families Embrace Safe Sleep and Breastfeeding.
Room share.
Infants should sleep in the parents’ room, close to the parents’ bed while following the safe sleep guidelines. The infant’s crib, portable crib, play yard or bassinet should be placed in the parent’s bedroom for at least 6 months but preferably a year.
There are times when parents may fall asleep while feeding their infant on unsafe surfaces. Evidence suggests that there is no greater risk of SIDS than in a crib when parent and infant sleep together in an adequate safe space following the safety recommendation (See La Leche League). The safe sleep seven are: Mother needs to be a non smoker, sober, breastfeeding, the baby is healthy, on their back, lighly dressed and unswaddled, they share a safe surface.
Find this resource from the National Institute of Child Health and Human Development (NICHD), Breastfeeding your Baby to Reduce the Risk of SIDS.
Safe Cosleeping Guidelines
Guidelines to Sleeping Safe with Infants:
Adapted from: Maximizing the chances of Safe Infant Sleep in the Solitary and Cosleeping (Specifically, Bed-sharing) Contexts, by James J. McKenna, Ph.D. Professor of Biological Anthropology, Director, Mother-Baby Sleep Laboratory, University of Notre Dame.
Below is a summary that highlights some of the issues to be concerned with as you make your own decisions about where and how your infant should sleep.
What constitutes a "safe sleep environment" irrespective of where the infant sleeps?
Safe infant sleep ultimately begins with a healthy gestation. Specifically, safe infant sleep begins with the fetus NOT being exposed to maternal smoke or alcohol during pregnancy.
A second factor that has a strong influence on safe infant sleep is breastfeeding. Breastfeeding significantly helps to protect infants from death including deaths from SIDS/SUDI and from secondary disease and/or congenital conditions. Post-natally safe infant sleep begins especially with the presence of an informed, breastfeeding, committed mother, or an informed and committed father.
Regardless of whether an infant sleeps on the same surface as his or her parents, on a same-surface co-sleeper, in a bassinet or in a separate crib, in the same room as their parents or in a separate room, all infants should follow these same guidelines: infants should always sleep on their backs, on firm surfaces, on clean surfaces, in the absence of (second-hand) smoke, under light (comfortable) blanketing, and their heads should never be covered.
The bed should not have any stuffed animals or pillows around the infant and never should an infant be placed to sleep on top of a pillow or otherwise soft bedding.
Sheepskins or other fluffy material and especially beanbag mattresses should never be used with infants. Waterbeds can be especially dangerous to infants too, and no matter the type of mattress, it should always tightly intersect the bed-frame to leave no gaps or space. Infants should never sleep on couches or sofas with or without adults as they can slip down (face first) into the crevice or get wedged against the back of a couch where they may suffocate.
Bedsharing: It is important to be aware that adult beds were not designed to assure infants safety!
It is important to realize that the physical and social conditions under which infant-parent cosleeping occur, in all it's diverse forms, can and will determine the risks or benefits of this behavior. What goes on in bed is what matters.
Bottlefeeding babies should always sleep alongside the mother on a separate surface rather than in the bed.
If bedsharing, ideally, both parents should agree and feel comfortable with the decision. Each bed-sharer should agree that he or she is equally responsible for the infant and acknowledge before sleeping that they are aware that the infant is present in the bed space. Do not place an infant in the bed with a sleeping adult who is not aware that the infant is in the bed with them. My feeling is that both parents should think of themselves as primary caregivers.
Infants a year or less should not sleep with other/older child siblings -- but always with a person who can take responsibility for the infant being in the bed.
Persons taking sedatives, medications or drugs, or intoxicated from alcohol or other substances, or otherwise excessively unable to arouse easily from sleep should not cosleep on the same surface with the infant.
Excessively long hair on the mother should be tied up to prevent infant entanglement around the infant's neck (yes, this has very unfortunately happened).
Extremely obese persons or others who may have difficulty feeling where exactly or how close their infant is in relation to their own body, may wish to have the infant sleep alongside but on a different surface, such as a cosleeper attachment.
Finally, it may be important to consider or reflect on whether you would think that you suffocated your baby if, under the most unlikely scenario, your baby died from SIDS while in your bed. Just as babies can die from SIDS in a risk-free solitary sleep environment, it remains possible for a baby to die in a risk-free cosleeping/bedsharing environment. Just make sure, as much as this is possible, that you would not assume that if the baby died, that either you or your spouse would think that bed-sharing contributed to the death, or that one of your really suffocated (by accident) the infant. While this is an unpleasant and uncomfortable topic, it is one that is worth thinking about before you make the choice to cosleep/bedshare with your infant.
Aside from never letting an infant sleep outside the presence of a committed adult, i.e. separate-surface cosleeping which is safe for all infants, I do not recommend to any parents any particular type of sleeping arrangement since I do not know the circumstances within which particular parents live. What I do recommend is to consider all of the possible choices and to become as informed as is possible matching what you learn with what you think can work the best for you and your family.
Keep soft objects and loose bedding away from the infant’s sleep area to reduce the risk of SIDS, suffocation, entrapment, and strangulation.
Soft objects such as pillows and pillow-like toys, quilts, comforters, sheepskins, and loose bedding can obstruct an infant’s nose and mouth.
Infant sleep clothing is preferable to blankets and other coverings to keep the infant warm
Bumper pads or similar products that attach to crib slates or sides are not recommended for infants.
A large percentage of infants who die of SIDS are found with their head covered by bedding. Therefore, no pillows, sheets, blankets, or any other items that could obstruct infant breathing or cause overheating should be in the bed.
If suitable to your family consider offering a pacifier at nap time and bedtime once breastfeeding has been firmly established.
Studies have reported a protective effect of pacifiers on the incidence of SIDS, even if the pacifier falls out of the infant’s mouth.
The pacifier should be used when placing the infant for sleep. It does not need to be reinserted once the infant falls asleep.
Pacifiers that attach to infant clothing, stuffed toys, or other objects should not be used with sleeping infants.
Avoid smoke exposure during pregnancy and after birth. Encourage families to set strict rules for smoke-free homes and cars and eliminate exposure to second-hand smoke.
Avoid alcohol and illicit drug use during pregnancy and after birth.
Prenatal alcohol and/or illicit drug use in combination with bed-sharing places the infant at particularly high risk.
Avoid overheating and head covering in infants.
In general, infants should be dressed appropriately for the environment, with no greater than 1 layer more than an adult would wear to be comfortable in that environment.
There is currently insufficient evidence to recommend the use of a fan as a SIDS risk-reduction strategy.
Pregnant women should obtain regular prenatal care.
Infants should be immunized in accordance with recommendations of the AAP and Centers for Disease Control and Prevention (CDC).
Avoid the use of commercial devices that are inconsistent with safe sleep recommendations.
Be mindful of any type of alternative beds or any devices supposed to support sleep, do your own research to find if they have been approved by some safety commission in the country they are made and the country you live in. When not sleeping in a safe environment detailed above, baby should always be supervised; that includes stroller, car seat, bouncers etc.
The Consumer Product Safety Commission (CPSC) offers safety standards for bedside sleepers. There are no safety standards for in-bed sleepers. In addition, there are no published data examining the association of the use of bedside or in-bed sleepers with SIDS or unintentional injury of death, including suffocation. Therefore, a recommendation for or against the sleepers cannot be provided.
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