Privacy Policy & Security, Terms of Use

Our Commitment to Privacy

Whimsy Girls values you as a customer and respects your privacy. We collect certain information from you that allows us to customize and enhance your shopping experience and to communicate with you about our products, services, promotions and contests. We are committed to managing this information responsibly so that you are in control of your personal information and the communications you receive from us.

You can visit our web site or locations without revealing any personal information. We may track the Internet domain address from which you visit us and analyze this data for trends and statistics, but individual users will remain anonymous, unless and until you identify yourself to us.

Whimsy Girls collects personally identifiable information from you when you sign in on our web site, register for on-line shopping, place an order, enroll your child to participate in a contest, promotion or survey, or request other services that require information, registration or subscription. This information may include your name, mailing address, e-mail address, phone number, credit card numbers, gender, occupation, personal interests and your child’s date of birth.

We may also keep a record of your product interests and purchases on-line and in our stores, and automatically receive and record information on our server logs from your browser (including your Internet domain address, Whimsy Girls cookie information, and the page you requested). Whether or not you provide any of your personal information is your own choice. If you choose not to provide the information we request, you may be unable to purchase products or access certain services online, offers and content on our web sites.

How We Use Information

Whimsy Girls uses customer information for three general purposes: to customize the advertising and content you see on our sites; to fulfill your requests for certain products and services (e.g. shipping your order to you; process your credit card); and to contact you about new products or services, special events and promotions.

We use Internet domain addresses for internal purposes to analyze trends, administer the site, track your movement and gather broad demographic information for aggregate use. Whimsy Girls typically will not link IP addresses to personally identifiable information, but reserves the right to do so in order to identify a user when we feel this is necessary to enforce compliance with our internal policies or the Whimsy Girls Terms of Use or to protect our service, site, customers or others.

How We Share Information

Whimsy Girls may send personally identifiable information about you to other companies or people when: we have your consent to share such information; we need to share such information to notify contest winners or fulfill promotional obligations, we need to share such information with companies that work on behalf of Whimsy Girls or in order for them to provide a product or service you have requested (sometimes known as service providers); We prohibit our service providers from using your information except to the extent necessary to fulfill their services to us. We do not sell or share customer information with other companies or services. In the event that some or all of our business assets are sold or transferred, we would transfer your information to the buyer or transferee.

How You Can Access, Change or Delete Your Information and Preferences

You may, at any time, access, verify, correct, update or remove your e-mail information and preferences on-line at whimsygirls.com. You may, at any time, access, verify, correct, update or remove your home address by contacting our Customer Support Team by e-mail at CustomerService@whimsygirls.com. In addition, if you prefer not to receive information from us, please let us know by sending us an e-mail to the above address.

Please note that it may take up to two weeks for your request to become effective. Thereafter, when you make purchases, we may still send you an e-mail confirmation and may need to contact you by phone, postal mail or e-mail if we have questions regarding your order.

How We Protect Children's Privacy

Whimsy Girls is concerned about the safety and security of children when they use the Internet. Our web sites are general audience sites. We will not knowingly accept personally identifiable information from anyone under the age of 13. Children under the age of 13 must ask a parent or guardian for permission before providing any personal information online.

About “Cookies”

A “cookie” is a piece of data stored on your hard drive containing information about you. For instance, by setting a cookie on our site, you would only have to log in a password once, thereby saving time while on our site. Cookies permit us to track and target your interests in order to enhance your experience on our web sites. We do not save passwords or credit card information in cookies.

Advertisers or other companies do not have access to Whimsy Girls’ cookies. We may allow business partners to set and access their own cookies on your computer. In such cases, however, Whimsy Girls has no access to or control over such cookies. In addition, we may contract with a third party who may use cookies and collect information on our behalf. These third parties are prohibited by our terms of engagement with them from sharing your information with anyone other than us.

Data and Credit Card Security

Whimsy Girls takes the security of your information very seriously. As a result, we do not accept orders by e-mail. We will gladly accept your orders on-line.

Your Whimsy Girls account information is password-protected for your privacy and security. Whimsy Girls will never ask you for your password in an unsolicited phone call or e-mail. You are responsible for maintaining the secrecy of your password and account information. Remember to sign out of your Whimsy Girls account and close your browser window when you have completed your shopping to help ensure that others cannot access your personal information.

In addition, when you submit sensitive information via our web sites, such as a credit card number, that information is encrypted and protected by Secure Sockets Layer (SSL) encryption technology. If at any time you believe the security of your password or account information has been compromised, please notify Whimsy Girls Customer Service Team at the e-mail address above or change your member information on-line. Should you discover an unauthorized use of your credit or debit card, you should immediately notify your card provider in accordance with the terms of your agreement with that company.

Changes to Policy

Whimsy Girls reserves the right to change, modify or amend this policy from time to time without prior notice to you. We will post the changes here. Whimsy Girls encourages you to periodically review this policy to be informed of how we collect, use and protect your information.

How to Contact Us

If you would like to contact us for any reason regarding our privacy policy and practices, e-mail us at CustomerService@whimsygirls.com.

This Policy is effective as of November 2009.

Terms of Use

Please review the following basic terms that govern your use of and purchase of products from our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by the terms (the "Agreement"). Whimsy Girls recommends that children use the internet under adult supervision. We may change the terms that govern your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms as changed. We may change, move, add to or delete portions of our Site from time to time.

Intellectual Property User Comments, Feedback, and other Submissions Product Availability & Pricing Product Display and Description Limits on Purchases Links to Other Web Sites and Services Disclaimer Indemnification Miscellaneous Termination Privacy and Security

Please review our Privacy & Security Policy which also governs your visit to Whimsygirls.com

Intellectual Property

Unless otherwise noted, all materials, including (without limitation) images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by "Whimsy Girls". Whimsy Girls’ trademarks and trade dress may not be used in connection with any product or service that is not Whimsy Girls’, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Whimsy Girls. All other trademarks not owned by Whimsy Girls that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Whimsy Girls. The Site as a whole is protected by copyright and trade dress. All worldwide rights, title and interests are reserved. WHIMSY GIRLS and all other Whimsy Girls marks, graphics, logos, page headers, button icons, scripts and service names appearing at this Site are trademarks or trade dress of Whimsy Girls. The Contents of our site, and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise from our site) use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.

User Comments, Feedback, and other Submissions

We welcome your feedback on the Site. All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Whimsy Girls on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain Whimsy Girls’ property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Whimsy Girls of all worldwide rights, title and interests in all copyrights and other intellectual property in the Comments. Whimsy Girls will own exclusively all such rights, titles, and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Whimsy Girls is and shall be under no obligation

(1) to maintain any Comments in confidence;
(2) to pay any compensation for any Comments;or
(3) to respond to any user Comments.

You represent that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s).

You further represent that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

Product Availability & Pricing

Most Whimsy Girls products displayed at the Site are available through the Whimsy Girls web site while supplies last. In some cases, merchandise displayed for sale at the Site may not be available in all sizes and colors. The prices displayed at the Site are quoted in U.S. Dollars and are valid and effective only in the United States.

In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Whimsy Girls shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Whimsy Girls shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Whimsy Girls shall immediately issue a credit to your credit card account in the amount of the incorrect price.

Product Display and Description

We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your computer monitor, we cannot guarantee that your monitor's display of any color or texture or detail of actual merchandise will be accurate. Whimsy Girls cannot guarantee that product descriptions or the Content of this Site is accurate, complete, reliable, current or error-free. If you determine that a product offered by Whimsy Girls is not as described, your sole remedy is to return it in an unused condition for a refund.

Links to Other Web Sites and Services

To the extent that this Site may contain links to outside services and resources, the availability and content of which Whimsy Girls does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource. Whimsy Girls makes no representation or warranty that any web site links contain suitable, appropriate materials. Whimsy Girls does not assume any responsibility or liability for the actions products or content of any other third parties.

Disclaimer

THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WHIMSY GIRLS DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM WHIMSY GIRLS ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE BY YOUR USE OF THE SITE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT OR SOFTWARE YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT WHIMSY GIRLS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.

Indemnification

You agree to defend, indemnify and hold Whimsy Girls harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site or any claim by a third party that your Comments infringe the third party's rights.

Miscellaneous

Unless otherwise specified, this Site and the Contents thereof are displayed solely for the purpose of promoting Whimsy Girls’ products and services available in the United States and select foreign markets. This Site is controlled and operated by Whimsy Girls from its office in Houston, Texas.

This Agreement shall be construed in accordance with the laws of the State of Texas, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of Texas, County of Harris. If any conditions or portions of this Agreement are deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Termination

Whimsy Girls may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Whimsy Girls’ sole discretion you fail to comply with any term or provision of this Agreement.

This agreement is in effect November 2009.