Privacy Policy

FamilyByDesign is committed to bringing you the highest levels of service while protecting your privacy and the privacy of all our users and members.

In this Privacy Policy, “FamilyByDesign” means Family By Design Ventures, Inc., a Delaware corporation that provides services under the names Family By Design, FamilyByDesign, and familybydesign.com. In order to provide these services, it is necessary to collect certain information, including information about yourself that could, among other things, enable someone to contact you or that describes your particular relationship with FamilyByDesign (“Personal Information”), as well as generalized aggregate information about users of our services (“Anonymous Information”). In our collection and use of that information, we will respect and safeguard your privacy as set forth in this Privacy Policy, which is incorporated into the FamilyByDesign User Terms of Service.

Summary: While we must collect certain information from you in order to provide you and our partners with quality services, we take precautions to respect and protect that information, and we promise never to sell or rent your email address to third parties, except as otherwise described below.

1. Consent & Acknowledgment

(a) Use Signifies Consent to this Policy. By visiting and using FamilyByDesign’s website (“Site”), you signify that you are familiar with and consent to this Privacy Policy. If you do not agree with this Privacy Policy, you may not use our Site.

(b) Use Signifies That You Are 18 or Older. By using the Site, you represent that you are at least 18 years old. If you are not 18 years or older, then you are not an authorized user of this site and may not use our Site.

(c) Use Signifies Consent to Processing Worldwide. By providing Personal Information on our Site, you signify that you understand and unambiguously consent to the collection, processing, and storage of your Personal Information in the United States or other countries where laws regarding the treatment of Personal Information may offer less protection than laws in your own country of residence. However, your Personal Information will not be used or disclosed in an unlawful manner or for purposes for which you have not given consent.

(d) Use Signifies Acknowledgment that We Are Not a HIPAA-Covered Entity. Neither Family By Design Ventures, Inc., familybydesign.com, nor any of their related services are covered by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), which protects the privacy of individually identifiable health information as defined therein (“Protected Health Information” or “PHI”). While we take all reasonable measures to protect all your Personal Information, we strongly urge you to refrain from posting any PHI anywhere on the Site, and to take precautions before sharing any such information with any third parties, including third parties identified or introduced using our services. We cannot be held responsible for your Protected Health Information that you share on our site or with any third parties, whether through our site or otherwise. For more information on HIPAA and protecting your health-related information, please visit http://www.hhs.gov/ocr/privacy/.

2. How We Collect Information

(a) Information You Provide. We collect information that you submit voluntarily through our Site, including but not limited to information you provide when signing up for our services, and information you provide when editing your account and user profile. We also collect information you voluntarily provide in order to customize your FamilyByDesign experience (such as date of birth, gender, and personal preferences), as well as information you share in the course of your use of FamilyByDesign’s services (such as comments, postings, pictures, reviews, ratings, and questions). If you choose to link any social networks to your FamilyByDesign services, we may collect information about you and your friends who also use FamilyByDesign. When you purchase a subscription, service, or goods through FamilyByDesign, you will need to submit payment information, such as credit card information, in order to facilitate payment for your purchase. We may also track your past bookings and purchases in order to provide a more personalized experience. We do not solicit any individually identifiable Personal Health Information, and will immediately remove any such information if it is brought to our attention.

If you provide us with feedback on our Site or services, you agree that any such communications become our property, and that we may use your feedback to modify our services without paying you any compensation or royalties.

While you are not required to submit any information to us, your failure to do so may make it impossible for us to provide you with some or all of our services and functions.

(b) Email and Email Addresses. When you register as a member of our Site, we request and collect your email. Unless you request otherwise, we may, from time to time, use your e-mail address to contact you regarding goods and services offered on our Site, to notify you of any messages or other indications of interest you’ve received from other users of the Site, and to notify you of other relevant news, events and activities that you may find of interest in relation to parenting partnerships (as discussed below, we will honor your request to opt-out of such contact if you so choose). When you contact us by email, or through an online form, we will collect your e-mail address and the content of your message, including any attachments. Note, however, that we will not at any time publicly display your email address in any location on the Site.

(c) Information Gathered Using Technology. FamilyByDesign uses cookies—pieces of data assigned to you by our servers to uniquely identify your computer—in many cases to make using our Site possible for you in the first place and to enhance your experience. We assign temporary “session” cookies to track information you enter as you navigate around our site on a given visit (for example, to remember your past search terms or search results), as well as permanent “persistent” cookies to remember when you visit again in order to make your visit as efficient as possible. While your browser offers the option to block or delete cookies at any time, you may not be able to access or use certain features and functions of our Site if you do so.

In addition, we collect Anonymous Information—that is, information that cannot be traced to any user individually—including aggregated statistical information about how the Site is used. We use this information to improve our services, including to determine where most of our traffic comes from (both geographically and on the Internet), what parts of the Site are visited the most, and what features of the service are most popular. We may also use “web beacons” to determine when emails we send you are received and read. And, we may log information, such as IP addresses, in order to identify and prevent potential hacking and fraud. This Privacy Policy does not limit our ability to use or disclose such non-personal, Anonymous Information to our partners, providers, merchants, advertisers, and other third parties in our sole discretion, or to utilize such information to perform market research and research on co-parenting trends.

(d) Information Provided by Third Parties. From time to time, we may obtain Personal Information about you from third parties we have partnered with. We may consolidate this information with other Personal Information we have already collected about you.

3. When We May Disclose Your Information

(a) To Perform Our Services to You: We may permit trusted third parties to access your Personal Information in order to perform tasks in support of our services, including web hosting, payment processing, data analysis, marketing and event planning. Such third parties are required to respect this Privacy Policy and use your Personal Information only for the specific purposes for which we provide it. When you opt to link your FamilyByDesign account to social networking sites, we may share your Personal Information through such sites, which maintain their own privacy policies that we do not control.

We also provide aggregated Anonymous Information to merchants and other reputable third parties in order to assist them with their own market analysis and business planning. This information may include aggregated statistics about customer demographics, traffic patterns, and customer preferences. We reserve the right to provide any and all such aggregated and non-individually identifiable data to third parties. However, with the limited exceptions described above, we will not share your un-aggregated Personal Information, including email address, with any merchants or third parties.

(b) Compliance & Prevention of Harm. We reserve the right to disclose your Personal Information if we believe in good faith that such disclosure is necessary to comply with a subpoena, warrant, court order, administrative or government order, or any other legal requirement. We may also disclose your personal information when we believe, in good faith and in our sole discretion, that such disclosure is necessary to protect our rights, your rights, or the rights of others; to prevent harm to persons or property; or to fight fraud and credit risk.

(c) Sale, Merger, or Change of Control. In the event that FamilyByDesign undergoes an actual or proposed sale, merger, reorganization, stock sale, or change of control (including any transfers made as part of an insolvency or bankruptcy proceeding), we may transfer Personal Information as a company asset. Your use of our Site indicates your assent to such a transfer, with the understanding that the entity receiving your Personal Information will continue to honor the terms of this Privacy Policy with regard to your Personal Information.

4. How We Protect Your Information

(a) With Technology. While no computer system is completely secure from failure and/or unauthorized access, we take commercially reasonable measures to protect the security, confidentiality, and integrity of data stored and processed on our system. For example, we encrypt your credit card information and other important Personal Information using secure socket layer (SSL) technology to provide secure transmission from your computer to our servers.

(b) With Administrative Rules. We take commercially reasonable measures to restrict access to your Personal Information to a limited number of employees, agents, officers, and third parties who require such access to perform duties necessary to provide you with our services, and only after being trained on the terms of this Privacy Policy.
Together, we believe these technological and administrative measures provide a level of security that is appropriate to the type of data involved.

5. How You Can Control Your Information

(a) By Setting Preferences. In your Member Profile, which you may access at any time once you have become a Member of the Site, you may set preferences about how we may contact you. If you choose to opt-out of certain communications, we will make reasonable efforts to honor your request promptly, but please understand it may take several business days for your request to take effect.

(b) By “Unsubscribing” from Emails: In all emails we send you, you will see options to unsubscribe from our communications. If you choose to unsubscribe from emails, we will make reasonable efforts to honor your request promptly, but please understand it may take several business days for your request to take effect. Please note also that we may continue to contact you with important information regarding changes to this and other policies, to provide confirmation of transactions, or to inform you of important administrative matters.

(c) By Using Discretion in Public Forums. FamilyByDesign may offer various forums for sharing messages, questions, comments, profiles, and other user-generated content, and for communicating with co-parents and co-parenting professionals. You should be aware that any information you provide in such forums may be read, collected, and used by any person for any purpose. It is your responsibility to use discretion with your Personal Information, including your Protected Health Information, in such forums; FamilyByDesign cannot be held responsible for any damages resulting from your disclosure of information in publicly accessible forums, or in your communications with individuals you contact through the Site.

(d) By Contacting Us With Your Concerns. If you have concerns about your privacy that are not covered by this Privacy Policy, we invite you to contact us at privacy@familybydesign.com. We will make reasonable efforts to accommodate your requests, but if we are not able to come to a mutually agreeable solution, we reserve the right to remove all your Personal Information and request that you cease use of the Site.

6. We Do Not Control How Others Use Your Information

FamilyByDesign may provide links to sites controlled by outside parties, including providers, merchants, and affiliates. In turn, other parties, including our affiliates and advertisers, may provide links to FamilyByDesign’s Site. FamilyByDesign has no control over other parties’ sites, and cannot be held responsible for the content or privacy policy (if any) of such other sites. Your use of any external site is at your own risk, and is not subject to this Privacy Policy, even if you reached such site through a link on our Site.

7. Minors Are Not Authorized Users

FamilyByDesign does not direct its content or services to children, and requires users of our Site to be at least eighteen (18) years old. Any user that is under 18 is not an authorized user. Moreover, we do not intentionally collect or maintain any Personal Information from or about any individual under 18 years old—protecting the privacy of all children is paramount at FamilyByDesign. If we learn that any user is under 18 years old, we will promptly delete any Personal Information we have inadvertently collected about that user, and use all reasonable efforts to prevent that user from continuing to access our Site.

8. Special Rights of Users in California

California law (Civil Code Section 1798.83) entitles any California resident who has provided Personal Information to a business with whom he has established a business relationship for personal, family, or household purposes (“California customer”) to request information about whether the business has disclosed Personal Information to any third parties for the third parties’ direct marketing purposes. The law provides that, upon request by a California customer, the business must to provide a list of all third parties to whom Personal Information was disclosed in the preceding calendar year, if any, as well as a list of the categories of Personal Information that were disclosed.
However, under the law, a business is not required to provide the above-described lists if the business adopts and discloses to the public (in its privacy policy) a policy of not disclosing customer’s Personal Information to third parties for their direct marketing purposes unless the customer first affirmatively agrees to the disclosure, as long as the business maintains and discloses this policy. Rather, the business may comply with the law by notifying the customer of his or her right to prevent disclosure of Personal Information and providing a cost free means to exercise that right.

Except as expressly stated in this Privacy Policy, FamilyByDesign does not share information with third parties for their direct marketing purposes unless you affirmatively agree to such disclosure—typically by opting in to receive information from a third party that is participating in some activity described on our Site. If you do ask us to share your information with a third party for its marketing purposes, we will only share information in connection with that specific activity, as we do not share information with any third party on a continual basis. To prevent disclosure of your Personal Information for use in direct marketing by a third party, do not opt in to such use when you provide Personal Information on our site. Please note that whenever you opt in to receive future communications from a third party, your information will be subject to the third party’s privacy policy. If you later decide that you do not want that third party to use your information, you will need to contact the third party directly, since we have no control over how third parties use information. You should always review the privacy policy of any party that collects your information to determine how that entity will handle your information.

California customers may request further information about our compliance with this law by emailing privacy@familybydesign.com, with “CALIFORNIA INQUIRY” in the subject line. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this email address.

9. Definitions

In this Privacy Policy, the terms “we”, “us”, “our” and other similar references mean Family By Design Ventures, Inc., Family By Design, FamilyByDesign, and familybydesign.com. The terms “you”, “your” and other similar references mean a specific user of FamilyByDesign site.

10. When We Make Changes To This Policy

FamilyByDesign may, at our sole discretion, alter this Privacy Policy from time to time to provide enhancements and updates. When we do so, we will provide notice of those changes to the e-mail address you provided when you signed up for our services, as well as on this page. Your continued use of FamilyByDesign following notice of any such revisions will constitute your acknowledgment and acceptance of the new terms, and your agreement to continue to be bound by this Privacy Policy, as amended.

If you would like to receive a copy of this Privacy Policy in non-electronic format, please send a letter and a self-addressed stamped envelope to the address given below, or send a request to privacy@familybydesign.com.

11. Contacting Us.

If you have any questions or concerns about this Privacy Policy, please contact us at privacy@familybydesign.com or at:

Family By Design Ventures, Inc.
201 West 21st Street, #9J
New York, NY 10011