This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from https://bailey44.com/ (the “Site”). 

This website (the “Website”) is owned and operated by Bailey44, LLC (hereinafter “Bailey44”). All content and information provided on or through the Website (hereinafter “Content”) may be used only under the following terms of service (“TOS”). If you disagree with any of the provisions of the TOS now or at any time hereafter, you are not authorized to access or use the Website and you must leave the Website immediately. If you disagree with any of the provisions of the TOS now or at any time hereafter, you are not authorized to access or use the Website and you must leave the Website immediately.

PERSONAL INFORMATION WE COLLECT

When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”

We collect Device Information using the following technologies:

- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our website. 

- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.

- “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.

- We improve our products and advertising by using Microsoft Clarity to see how you use our website. By using our site, you agree that we and Microsoft can collect and use this data.

Additionally, when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number. We refer to this information as “Order Information.” You may, however, browse our website anonymously. 

When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information.

YOUR RIGHTS UNDER THE CALIFORNIA CONSUMER PRIVACY ACT 

The California Consumer Privacy Act (CCPA) provides you with rights regarding how your data or personal information is treated. Under the legislation, California residents can choose to opt out of the “sale” of their personal information to third parties. Based on the CCPA definition, “sale” refers to data collection for the purpose of creating advertising and other communications. Learn more about CCPA and your privacy rights.


USE OF INFORMATION

We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations).  Additionally, we use this Order Information to:


1) To communicate with you
The email address you provide for order processing will only be used to send you information and updates pertaining to your order. Unless you decide to opt-in to our promotional newsletter lists. 

2) To process transactions
Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested. 

3) To improve your experience

When in line with the preferences you have shared with us, we provide you with information or advertising relating to our products or services. This includes serving relevant ads across the web. We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).

SECURITY 

Within our website exists a variety of security measures, to maintain the safety of your personal information when you place an order or enter your personal information. Credit cards are processed securely through Shopify, a leading provider of payment gateway services online, or PayPal, a third party online processing service.  You will have the option to check out through either method. 

We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.

After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers. 

SHARING OF INFORMATION
 

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses. 

We share your Personal Information with third parties to help us use your Personal Information, as described above.  For example, we use Shopify to power our online store--you can read more about how Shopify uses your Personal Information here:  https://www.shopify.com/legal/privacy.  We also use Google Analytics to help us understand how our customers use the Site--you can read more about how Google uses your Personal Information here:  https://www.google.com/intl/en/policies/privacy/.  You can also opt-out of Google Analytics here:  https://tools.google.com/dlpage/gaoptout.

BEHAVIORAL ADVERTISING

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you.  For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

Advertisements are intended for U.S. audiences only.

You can opt out of targeted advertising by:

FACEBOOK - https://www.facebook.com/settings/?tab=ads
GOOGLE - https://www.google.com/settings/ads/anonymous
BING - https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at:  http://optout.aboutads.info/.

DO NOT TRACK

Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.

PRIVACY RIGHTS

Bailey44 believes in protecting personal information, and understands that doing so is critical to help preserve the trust and confidence of our customers. CCPA and GDPR-compliant features are built into our platform, including features to enable us to offer our customers transparency into and control over their personal information. Please take confidence in knowing that our platform complies with privacy and data protection laws like the CCPA and GDPR.

CALIFORNIA PRIVACY RIGHTS 

Because we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We, therefore, will not distribute your personal information to outside parties without your consent.  

EUROPE RIGHTS

If you are a European resident, you have the right to access the personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact by email at hello@bailey44.com

Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above.  Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.

DATA RETENTION

When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.

MINORS

The Site is not intended for individuals under the age of 16, and we do not knowingly collect Personally Identifiable Information from children under 16 years of age. 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 hello@bailey44.com. If we learn that we have collected any Personal Information from children under 16, we will promptly take steps to delete such information and terminate the child’s Account.

CHANGES

We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.

GRANTS OF RIGHTS

As a user of this Website, Bailey44 grants you the nonexclusive, nontransferable, revocable, limited license to access and use the Website and Content strictly in accordance with the TOS and Bailey44’s Privacy Policy. Bailey44 may terminate this license at any time for any reason.

LIMITATION ON UserRights

The Content on this Website is for your personal use and you may not copy, reproduce, republish, distribute, display, transmit, sell or otherwise use or exploit any of the Content except with Bailey44’s prior written permission. Without limiting the generality of the foregoing, you may not (a) create derivative works from the Website or the Content, (b) use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users; or (c) use any robot, spider, other automatic device or manual process to monitor or copy the Website or the Content without Bailey44’s prior written permission. The Website is not meant for use by persons under the age of 18 and Bailey44 will not knowingly collect any personally-identifiable information (“PII”) from persons under the age of 18 without verified parental consent.

INTELLECTUAL PROPERTY RIGHTS

Trademark Notice. Bailey44 and other marks used on the Website, whether or not they appear with the symbols ® or ™, are trademarks and/or service marks of Bailey44, LLC and may be registered in the United States or in other jurisdictions including internationally. Bailey44’s trademarks, service marks and trade dress may not be used in connection with any product or service (i) that is not authorized by Bailey44 in writing; (ii) in any manner that is likely to cause confusion among customers that the source of such product or service is, or is in any way associated with, Bailey44; or (iii) in any manner that disparages or discredits Bailey44. All other trademarks not owned by Bailey44 that appear on the Website are the property of their respective owners who may or may not be affiliated with, connected to or sponsored by Bailey44.

Trademark Notice. Copyright Notice. All Content, including without limitation text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property of Bailey44 or its Content suppliers and is protected by United States and international copyright laws. The compilation of Content on the Website is the exclusive property of Bailey44 and protected by U.S. and international copyright laws.

The Website is © 2013 Bailey44, LLC – All Rights Reserved.

By using the Website you are acknowledging that the trademarks, service marks, trade dress and Content on the Website or otherwise belonging to Bailey44 are and shall remain, except where owned by a third party, the sole and exclusive property of Bailey44. Nothing in the TOS or on the Website shall be construed as conferring any license or right, whether by implication, estoppel or otherwise, to use any of Bailey44’s trademarks, service marks, trade dress or Content.

REGISTRATION

Users of the Website who wish to purchase goods advertised and sold on the Website will be asked to register by providing certain PII (hereinafter “Registration Information”) to Bailey44, including but not limited to such user’s name, address, telephone number and credit card information, in order allow Bailey44 to identify and contact such users. With respect to Registration Information provided by you, you warrant, represent, acknowledge and agree that (a) it is accurate and true and you shall keep it updated in all respects so that it remains accurate and true at all times; (b) Bailey44 may use your Registration Information for processing your orders and payments, for delivering your purchases and for such other purposes as are specifically set forth in and consistent with Bailey44’s Privacy Policy; and (c) any failure by you to maintain true and accurate Registration Information may affect the payment and delivery of the goods offered on the Website and may result in suspension or termination of your registration.

RETURN POLICY

You shall have the opportunity to review, modify, and confirm each transaction you are contemplating. Returns shall be accepted by us only on the following terms and conditions:

If you are not delighted with your purchase, return the item in its original condition within 30 days from receipt of goods for a full refund. To receive a refund based on purchase price of the full price or sale item(s) and in the original form of payment:

All merchandise must be returned within 30 days of the original purchase date. A Return Authorization must be requested within 14 days of receiving your order.

The merchandise must be in saleable condition with all tags still attached. Items must not have been WORN, ALTERED, or WASHED. Items that are soiled, damaged or altered will not be accepted and returned back to the customer. Items that have the disclaimer tag removed will not be accepted and returned back to the customer. This is at the sole discretion of Bailey44.

There are no returns or exchanges on CLEARANCE, SAMPLE SALE or FINAL SALE items. Full price items and sale items ARE eligible for return. All items are quality controlled and checked for any faults before they are dispatched to customers. Should you receive an item that is not in satisfactory condition, please contact us immediately at hello@bailey44.com.

LIMITATION ON LIABILITY

You acknowledge and agree that: The Website is provided on an “as is” basis. Bailey44 makes no warranty of any kind, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose and non-infringement. Without limiting the generality of the foregoing, Bailey44 does not warrant or represent that (a) the Content will at all times be correct, accurate, timely, or otherwise reliable, (b) the Website and Content will be error-free, free of viruses or other harmful components, (c) errors or defects will be corrected, or (d) any purchase or other transaction conducted through the Website will be completed and fulfilled or will result in the benefits you intended to receive therefrom;

Bailey44 may make improvements and/or changes to the Content and/or the features and functionality of the Website at any time, but it shall be under no obligation to do so;

In the event that third party content appears on the Website or is accessible via links from the Website, Bailey44 shall not be responsible and assumes no liability for any mistakes, misstatements, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on or linked (including through multiple tiers) to the Website. You understand that the information and opinions in the third party content are neither endorsed by nor reflect the belief of Bailey44. If you download any material from, provide any information to, or transact any business on a linked website, you do so solely at your risk; Bailey44’s sole liability to users of the Website is limited to the delivery of merchandise purchased on the Website or a refund for same, if applicable, in accordance with Bailey44’s Returns Policy stated in paragraph 6 above. In no event shall Bailey44 or its officers, directors, shareholders, employees, sub-contractors, licensees or agents be liable to you or any third party for any direct, indirect, special, incidental, consequential, punitive or exemplary damage (including but not limited to loss of business, profit, information, data, use, revenue or other economic advantage) arising out of or connected to (a) your reliance on or use of the Website or the Content, (b) the misuse by any third party of any PII, (c) your failure to provide and maintain accurate PII, or (d) your access or use of a website linked (including through multiple tiers) to the Website;

The foregoing limitations on liability (a) shall apply regardless of the theory on which such damage is based and even if Bailey44 or anyone associated with Bailey44 has been advised of the possibility of such damage; and (b) are a fundamental condition of this Agreement and you would have no lawful access to the Website or Services without such limitations;

Some states or other jurisdictions do not allow the exclusion of implied warranties and limitations on certain kinds of liability, so some of the above may not apply to you. In any jurisdiction or proceeding in which the foregoing limitations on liability are found not to apply, in no event shall our liability to you for any claim exceed One Hundred US Dollars (US $100).

INDEMNIFICATION

You hereby agree to and do hereby indemnify, save, and hold harmless Bailey44 and any of its officers, directors, shareholders, employees, sub-contractors, licensees and agents, from any and all damages, liabilities, costs, expenses and other losses (including reasonable attorneys’ fees, legal costs and legal expenses) arising out of or connected with any claim, demand or action which is inconsistent with any of the warranties, representations, promises or covenants made by you in this Agreement or which arise out of or are related in any way to your breach of the TOS or your use of or conduct on the Website.

MISCELLANEOUS

Bailey44 reserves the right to change, revise or modify at any time this TOS, the Privacy Policy or any other terms or conditions contained on the Website by posting the changed, revised or modified terms on the Website. Therefore, please be sure to check the date of this TOS, the Privacy Policy and any other terms or conditions each time you visit to ensure that you are aware of the most current versions. All such changes, revisions and modifications shall be effective immediately upon posting and your continued use on the Website shall be deemed full acceptance of all such changes. Failing your full acceptance, your sole and exclusive remedy shall be to cease using the Website.

If there is a conflict between any oral or written representation made by any of Bailey44’s employees, representatives, agents or vendors and any provision of this TOS, the TOS shall prevail. Except where specifically provided, the TOS shall prevail over any conflict or inconsistency with the Privacy Policy and any other information provided on the Website.

No waiver by you or us of any provision of this Agreement or of any default under any provision shall affect your our respective rights thereafter to enforce such provision or to exercise any right or remedy in the event of any other default, whether or not similar.

If any provision of this Agreement shall be held void, voidable, invalid or inoperative, no other provision of this Agreement shall be affected as a result thereof, and, accordingly, the remaining provisions of this Agreement shall remain in full force and effect as though such void, voidable, invalid or inoperative provision had not been contained herein.

This Agreement shall be governed by and shall be construed in accordance with the laws of California without regard to principles of conflicts of law. Any and all actions, suits and proceedings arising out of or related to this Agreement or the subject matter hereof shall be brought only in the courts located in the State of California, and the parties hereby unconditionally and irrevocably consent and submit to such exclusive jurisdiction and waive any objection that they may now or hereafter have with respect there to The section titles or headings in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance..

Last updated: August 7, 2023

QUESTIONS? 
Please feel free to email us with questions at hello@bailey44.com