Jazwares, LLC Privacy Policy

Effective Date of Current Policy: June 8, 2021

1.0 Overview

1.1 Purpose

This Privacy Policy is incorporated by reference into the Jazwares Terms and Conditions. Jazwares, LLC and its operating divisions, subsidiaries, affiliates and branches (collectively, “Jazwares,” the “Company,” “we” or “us”) are sensitive to privacy issues, and it is important to us to protect the information provided to us.  Accordingly, Jazwares provides this privacy and information practices policy to inform you about our online information practices, the kinds of information we may collect, how we intend to use and share that information, and your privacy rights, including how you can correct or change such information (“Privacy Policy”).  If you require an alternative accessible copy of this privacy policy, please contact us at [email protected]. 

1.2 Scope

This Policy applies to Personal Information that is Processed by Jazwares in the course of our business, including on Jazwares websites (each a “Site”), mobile applications, and other online or offline offerings (together with any and all future online and offline offerings operated by or on behalf of Jazwares, the “Services”). All individuals whose responsibilities include the Processing of Personal Information on behalf of Jazwares are expected to protect that data by adherence to this Privacy Policy.  This Privacy Policy is intended to meet requirements globally, including those in North America, Europe, APAC, and other jurisdictions.

This Privacy Policy applies to all Jazwares operating divisions, subsidiaries, affiliates and branches, namely Jazwares, LLC (“Jazwares”), 1067 Studios, LLC dba Jazwings (“Jazwings”), Jaz Toys UK Ltd (“Jaz Toys UK”), Jazwares GmbH, Jazwares S. DE R. L. DE C. V. (“Jazwares Mexico”), Jaz Toys HK Limited (“Jaz Toys HK”), First Act, LLC (“First Act”), Jazwares Entertainment, LLC (“Jazwares Entertainment”), Zag Toys, LLC (“Zag Toys”), Wicked Cool Toys, LLC (“Wicked Cool”), Kelly Toys Holdings, LLC, Kelly Amusement Holdings, LLC and any additional U.S. or international subsidiary, affiliate or branch of Jazwares that we may subsequently form.

2.0 Transparency/Notice – Types of Personal Information We Collect and How We Use It

The types of Personal Information we may collect (directly from you or from Third Party-sources) and our privacy practices depend on the nature of the relationship you have with Jazwares and the requirements of applicable law.  Some of the ways Jazwares may collect Personal Information include: 

  • You may provide Personal Information directly to Jazwares through interacting with the Services, participating in surveys, during events, applying for a job, and requesting products, Services, or information.
  • As you navigate the Services, certain passive information may also be collected about your visit, including through cookies and similar technologies as described in our Cookies Policy.

We endeavour to collect information only relevant for the purposes of Processing. Below are the ways we collect Personal Information and how we use it.

2.1 Types of Personal Information We Collect 

Jazwares collects Personal Information regarding its current, prospective, and former Consumers, Customers, Retailers, Distributers, Suppliers, Employees, Employee contacts and beneficiaries, Contractors and others (collectively “Individuals”).

  • Information You Provide Directly to Us.  When you use the Services or engage in certain activities, such as registering for an account with Jazwares, requesting Services or information, or contacting us directly, we may ask you to provide some or all of the following types of information:
    • Registration. When you create an account on FirstAct.com, Jazwings.com, Jazwares.com or any Jazwares Site, you will be asked to complete a registration form and provide Personal Information such as first and last name, date of birth and email address, or you may be permitted to link your member account to your social media accounts. If so, you may also be asked if you wish to choose a user ID and password in order to take advantage of certain features of the Site. Similarly, if you agree to provide us with optional profile information, this information will be collected through a registration form.
    • Communications with Us. We may also collect Personal Information from you such as email address, phone number or mailing address when you choose to request information about our products and Services, register for a newsletter or loyalty program that we may offer from time to time, contact customer service or otherwise communicate with us.
    • Resumes.  Some of our Sites may allow for the online submission of resumes in conjunction with job applications. Personal information collected through resume submissions will be used solely for the purpose of evaluating candidate submissions for job postings and may be shared within Jazwares for this purpose.
    • Polls and Surveys. From time to time, we may ask you to participate in online polls surveys. If you do decide to participate, you may be asked to provide certain information which may include Personal Information. All information collected from your participation in our surveys is provided by you voluntarily. We may use such information to improve our products, Sites and/or Services and in any manner consistent with the policies provided herein.
    • Voting, Commentary, and Posting on the Sites and Social Media Outlets. We collect information when you post on the Sites. For example, when you interact with other users on the Site by voting, commenting, posting a review or other materials, the Site will collect the information you provide in such submissions, including any Personal Information. If you choose to submit content to any public area of the Site, such content will be considered “public” and will not be subject to the privacy protections set forth herein. We encourage our Members and Creators to share their experiences on the Sites through their independent social media outlets and may also provide links for our Members to their independent social media accounts. We may collect information that our Members share on these independent social media sites, and store and utilize such information for the purposes described in the Privacy Policy.
    • Contests and Sweepstakes. Occasionally we will partner with Third Parties on social media and online channels to carry out contests and sweepstakes. Terms and conditions will accompany each contest and sweepstakes, and it is the responsibility of all entrants to read the terms and conditions and privacy policies carefully. If you choose to share your information in order to participate in a contest or sweepstakes, your entry information may be shared with such Third Parties.
  • Automatic Data Collection. We may collect certain information automatically through our Services or other methods of web analysis, such as your Internet protocol (IP) address, cookie identifiers, mobile advertising identifiers, and other device identifiers that are automatically assigned to your computer or device when you access the Internet, browser type, operating system, Internet service provider, pages that you visit before and after using the Services, the date and time of your visit, the amount of time you spend on each page, information about the links you click and pages you view within the Services, and other actions taken through use of the Services such as preferences. Our Cookie Policy and Cookie Banner/Declaration provide additional information regarding our use of cookies. 
  • Information from Other Sources. We may receive information about you from other sources, including through Third-Party services and organizations to supplement information provided by you. This supplemental information allows us to verify information that you have provided to Jazwares and to enhance our ability to provide you with information about our business, products, and Services. For example, if you access Third-Party services, such as Facebook or Twitter, to login to the Services or to share information about your experience with Jazwares, we may collect information from these Third-Party services.
  • California Consumer Privacy Act.  In the 12 months preceding the date of this Privacy Policy, we have collected, and may continue to collect, the following categories of personal information:
    • Identifiers, such as a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name;
    • Commercial information, including products or services purchased, obtained, or considered; other purchasing or consuming histories or tendencies;
    • Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site, or advertisement;
    • Geolocation data;
    • Professional or employment-related information; and
    • Inferences drawn from any of the information identified to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, preferences, predispositions, behavior, attitudes, intelligence abilities, and aptitudes.

In the 12 months preceding the date of this Privacy Policy, we have obtained personal information from the following sources:

    • From You When You Provided Information to Us:  In order to receive our services, you may have provided personal information to us, including but not limited to your name, email address, address, phone number, age, and other information.
    • When We Collected or Generated Information About You:  This includes, without limitation, files that we may have produced as a record of our relationship with you and personal information that you may have provided during telephone and email communications with us, including through social media channels.

We may continue to collect personal information from the same sources.

2.2 How Jazwares Uses Your Information 

We acquire, hold, use and Process Personal Information about Individuals to: 

  • To Provide Products, Services, or Information Requested. Jazwares may use information about you to fulfill requests for products, Services, or information, including information about potential or future Services, including to:
    • Generally, manage Individual information and accounts and business accounts;
    • Respond to questions, comments and requests;
    • Provide access to certain areas and features of the Jazwares Services;
    • Allow you to register for events. 
  • Administrative Purposes. Jazwares may use Personal Information about you for its administrative purposes, including to: 
    • Measure interest in and improve Jazwares’ Services;
    • Develop new ideas, products, content, processes and Services;
    • Ensure internal quality control;
    • Verify Individual identity; 
    • Communicate about Individual account and activities on Jazwares’ Services and systems, and, in Jazwares’ discretion, changes to any Jazwares’ policy; 
    • Send email to the email address you provide to us to verify your account and for informational and operational purposes, such as account management, customer service, or system maintenance;
    • Process payment for products or services purchased;
    • Process applications and transactions;  
    • Enforce our Terms of Use.
  • Compliance with Law. Jazwares may use Personal Information about you for to:
    • Comply with legal and regulatory requirements, including collecting and using information relating to adverse effects you have experienced when using our products;
    • Prevent potentially prohibited or illegal activities; 
  • Marketing Jazwares Products and Services. Jazwares may use Personal Information to provide you with materials about offers, products, and Services that may be of interest, including new content or Services. Jazwares may provide you with these materials by phone, postal mail, facsimile, or email, as permitted by applicable law. Such uses include:
    • To tailor content, advertisements, and offers; 
    • To notify you about offers, products, and services that may be of interest to you;
    • To provide Services to you and our sponsors;
    • For other purposes disclosed at the time that Individuals provide Personal Information; or 
    • Otherwise with your consent.

You may contact us at any time to opt-out of the use of your Personal Information for marketing purposes, as further described in Section 4.0 below. 

  • Research and Development. Jazwares may use Personal Information alone or in the aggregate with information obtained from other sources, in order to help us to optimally deliver our existing products and Services or develop new products and Services.  From time to time, Jazwares may perform research (online and offline) via surveys. We may engage Third-Party service providers to conduct such surveys on our behalf. All survey responses are voluntary, and the information collected will be used for research and reporting purposes to help us better serve Individuals by learning more about their needs and the quality of the products and services we provide. The survey responses may be utilized to determine the effectiveness of our Services, various types of communications, advertising campaigns, and/or promotional activities. If an Individual participates in a survey, the information given will be used along with that of other study participants. We may share anonymous Individual and aggregate data for research and analysis purposes.
  • Direct Mail, Email and Outbound Telemarketing. Individuals who provide us with Personal Information, or whose Personal Information we obtain from Third Parties, may receive periodic emails, newsletters, mailings or phone calls from us with information on Jazwares or our business partners’ products and services or upcoming special offers/events we believe may be of interest.  We offer the option to decline these communications at no cost to the individual by following the instructions in Section 4.0 below.In certain jurisdictions, we may obtain consent prior to sending marketing communications to comply with applicable local law, but you still may opt-out of future communications at any time by following the opt-out instructions in our emails or contacting us at the contact information below.
  • Mobile Devices. Jazwares may provide websites and online resources that are specifically designed to be compatible and used on mobile devices. Jazwares will collect certain information that your mobile device sends when you use such websites or online resources, like a device identifier, user settings and the operating system of your device.
    • Mobile versions of Jazwares’ Sites may require that users log in with an account.  In such cases, information about use of each mobile version of the website may be associated with user accounts.  In addition, Jazwares may enable Individuals to download an application, widget or other tool that can be used on mobile or other computing devices.  Some of these tools may store information on mobile or other devices.  These tools may transmit Personal Information to Jazwares to enable Individuals to access user accounts and to enable Jazwares to track use of these tools.  Some of these tools may enable users to email reports and other information from the tool.  Jazwares may use personal or non-identifiable information transmitted to the Company to enhance these tools, to develop new tools, for quality improvement and as otherwise described in this Privacy Policy or in other notices Jazwares provides.
  • Anonymous and Aggregated Information. Jazwares may use your Personal Information and other information about you to create anonymized and aggregated information, such as de-identified demographic information, de-identified location information, information about the computer or device from which you access the Jazwares Site or other online services, or other analyses we create. Anonymized and aggregated information is used for a variety of functions, including the measurement of visitors’ interest in and use of various portions or features of the Sites.  To the extent that anonymized or aggregated information is not Personal Information, Jazwares may use such information in a number of ways, including research, internal analysis, analytics and any other legally permissible purposes.  We may share this information within Jazwares and with Third Parties for our or their purposes in an anonymized or aggregated form that is designed to prevent anyone from identifying you.
  • Information Submitted Via Services.  You agree that Jazwares is free to use the content of any communications submitted by you via the Services, including any ideas, votes, comments, inventions, concepts, techniques, or know-how disclosed therein, for any purpose including developing, manufacturing, and/or marketing goods or Services. Jazwares will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) you grant us permission to do so such as within your profile settings; (b) we first provide notice to you that the materials or other information you submit to a particular part of a Service will be published or otherwise used with your name on it; or (c) we are required to do so by law.
  • Sharing Content with Friends or Colleagues.  Jazwares’ Sites may offer various tools and functionality.  For example, Jazwares may provide functionality on its Sites that will allow you to forward or share certain content with a friend, colleague or members of the community.  Email addresses that you may provide for a friend or colleague will be used to send your friend or colleague the content or link you request but will not be otherwise used by Jazwares or any other Third Parties for any other purpose.
  • Other Uses. Jazwares may use Personal Information for which we have a legitimate interest, such as direct marketing, individual or market research, anti-fraud protection, or any other purpose disclosed to you at the time you provide Personal Information or with your consent.

2.3 Third-Party Sites and Social Media Platforms

The Site may contain links to other websites and other websites may reference or link to our Site or other Services. These other domains and websites are not controlled by us, and Jazwares does not endorse or make any representations about Third-Party websites or social media platforms.  We encourage our users to read the privacy policies of each and every website and application that they interact with. We do not endorse, screen or approve, and are not responsible for the privacy practices or content of such other websites or applications. Visiting these other websites or applications is at your own risk.

The Site and our other Services may also contain links and interactive features with various social media platforms. If you already use these platforms, their cookies may be set on your device when using our Site or other Services. You should be aware that Personal Information which you voluntarily include and transmit online in a publicly accessible blog, chat room, social media platform or otherwise online, or that you share in an open forum may be viewed and used by others without any restrictions. We are unable to control such uses of your information when interacting with a social media platform, and by using such services you assume the risk that the Personal Information provided by you may be viewed and used by third parties for any number of purposes.

2.4 Human Resources Data

Jazwares collects Personal Information from current, prospective, and former Employees, their contact points in case of a medical emergency, and beneficiaries under any insurance policy (“Human Resources Data”). The Human Resources Data we collect may include title, name, address, phone number, email address, date of birth, passport number, driver’s license number, Social Security number or other government-issued identification number, financial information related to credit checks, bank details for payroll, information that may be recorded on a CV or application form, language abilities, contact information of third parties in case of an emergency and beneficiaries under any insurance policy. We may also collect Sensitive Human Resources Data such as details of health and disability, including mental health, medical leave, and maternity leave; information about national origin or immigration status; and optional demographic information such as race, which helps us achieve our diversity goals.

We acquire, hold, use and Process Human Resources-related Personal Information for a variety of business purposes including:

  • Workflow management, assigning, managing and administering projects; 
  • Human Resources administration and communication; 
  • Payroll and the provision of benefits; 
  • Compensation, including bonuses and long-term incentive administration, stock plan administration, compensation analysis, including monitoring overtime and compliance with labor laws, and company recognition programs; 
  • Job grading activities; 
  • Performance and employee development management; 
  • Organizational development and succession planning; 
  • Benefits and personnel administration; 
  • Absence management; 
  • Helpdesk and IT support services; 
  • Regulatory compliance; 
  • Internal and/or external or governmental compliance investigations; 
  • Internal or external audits; 
  • Litigation evaluation, prosecution and defense; 
  • Diversity and inclusion initiatives; 
  • Restructuring and relocation; 
  • Emergency contacts and services; 
  • Employee safety;
  • Compliance with statutory requirements; 
  • Processing of Employee expenses and travel charges; and 
  • Acquisitions, divestitures and integrations.

3.0 Onward Transfer – Jazwares May Disclose Your Information

3.1 Information We Share

We may share your information as described in this Privacy Policy (e.g., with our Third-Party service providers or business partners; to comply with legal obligations; to protect and defend our rights and property) or with your permission.

  • We Use Vendors and Service Providers. We may share any information we receive with vendors and service providers.  The types of service providers (processors) to whom we entrust Personal Information include service providers for: (i) provision of IT and related services; (ii) provision of information and services you have requested; (iii) payment processing; and (iv) customer service activities; and (v) in connection with the provision of the Services. Jazwares has executed appropriate contracts with the service providers that prohibit them from using or sharing Personal Information except as necessary to perform the contracted services on our behalf or to comply with applicable legal requirements.
  • Business Partners. Jazwares may share Personal Information with our business partners, and affiliates for our and our affiliates’ internal business purposes or to provide you with a product or service that you have requested. Jazwares may also provide Personal Information to business partners with whom we may jointly offer products or services, or whose products or services we believe may be of interest to you. In such cases, our business partner’s name will appear, along with Jazwares’. Jazwares requires our affiliates and business partners to agree in writing to maintain the confidentiality and security of Personal Information they maintain on our behalf and not to use it for any purpose other than the purpose for which Jazwares provided them.
  • Displaying to Other Users. The content you post to the Site may be displayed on the Site. Other users of the Site may be able to see some information about you, such as your name, profile information, or if you vote, submit commentary or post a review. We are not responsible for privacy practices of the other users who will view and use the posted information.
  • Marketing. Interest-Based Advertising and Third-Party Marketing.  Through our Services, as set out in our Cookies Policy Jazwares may allow Third-Party advertising partners to set tracking tools (e.g., cookies) to collect information regarding your activities (e.g., your IP address, page(s) visited, time of day). We may also share such de-identified information as well as selected Personal Information (such as demographic information and past purchase history) we have collected with Third-Party advertising partners. These advertising partners may use this information (and similar information collected from other websites) for purposes of delivering targeted advertisements to you when you visit non-Jazwares related websites within their networks. This practice is commonly referred to as “interest-based advertising” or “online behavioural advertising”. We may allow access to other data collected by the Site to facilitate transmittal of information that may be useful, relevant, valuable or otherwise of interest to you. If you prefer that we do not share your Personal Information with Third-Party advertising partners, you may opt-out of such sharing at no cost by following the instructions in Section 4.0 below.
  • Disclosures to Protect Us or Others (e.g., As Required by Law and Similar Disclosures). We may access, preserve, and disclose your Personal Information, other account information, and content if we believe doing so is required or appropriate to: (i) comply with law enforcement or national security requests and legal process, such as a court order or subpoena; (ii) respond to your requests; (iii) protect yours’, ours’ or others’ rights, property, or safety; (iv) to enforce Jazwares policies or contracts; (v) to collect amounts owed to Jazwares; (vi) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or (vii) if we, in good faith, believe that disclosure is otherwise necessary or advisable.

In addition, from time to time, server logs may be reviewed for security purposes – e.g., to detect unauthorized activity on the Services. In such cases, server log data containing IP addresses may be shared with law enforcement bodies in order that they may identify users in connection with their investigation of the unauthorized activities.

  • Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another provider, then your information may be sold or transferred as part of such a transaction as permitted by law and/or contract. Should such an event occur, Jazwares will endeavour to direct the transferee to use Personal Information in a manner that is consistent with the Policy in effect at the time such Personal Information was collected.

3.2 California Consumer Privacy Act. The categories of personal information we have disclosed about consumers for a business or commercial purpose as described in section 2.2 of this notice in the 12 months preceding the date of this Privacy Policy are:

  • Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name;
  • Commercial information, including products or services purchased, obtained, or considered; other purchasing or consuming histories or tendencies
  • Internet or other electronic network activity information, including, browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site, or advertisement;
  • Geolocation data.
  • Professional or employment-related information;
  • Inferences drawn from any of the information identified to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, preferences, predispositions, behavior, attitudes, intelligence abilities, and aptitudes.

We have not sold personal information about consumers for a business or commercial purpose as described in section 2.2 of this notice in the 12 months preceding the date of this Privacy Policy.

3.3 Data Transfers

All Personal Information sent or collected via or by Jazwares may be stored anywhere in the world, including but not limited to, in the United States, in the cloud, our servers, the servers of our affiliates or the servers of our service providers.  Your Personal Information may be accessible to law enforcement or other authorities pursuant to a lawful request. If you reside outside the European Economic Area or the UK, you agree that by providing information to Jazwares, you consent to the storage of your Personal Information in these locations.  

4.0 Choice/Modalities to Opt Out (Right to Object)

You have the right to opt out of and object to certain uses and disclosures of your Personal Information, as set out in this Privacy Policy. 

4.1 General

You have the right to opt out of and object to certain uses and disclosures of your Personal Information.

Where you have consented to Jazwares’ Processing of your Personal Information or Sensitive Personal Information, you may withdraw that consent at any time and opt-out to further Processing by following the instructions in this Section. Even if you opt-out, we may still collect and use non-Personal Information regarding your activities on our Sites and/or information from the advertisements on Third-Party websites for non-interest based advertising purposes, such as to determine the effectiveness of the advertisements.

4.2 Email and Telephone Communications

If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt-out of receiving future emails. We will process your request within a reasonable time after receipt.  Note that you will continue to receive transaction-related emails regarding products or services you have requested. We may also send you certain communications regarding Jazwares and our Services and you will not be able to opt out of those communications (e.g., communications regarding updates to our Terms of Service or this Policy).  

We maintain telephone “do-not-call” and “do-not-mail” lists as mandated by law. We process requests to be placed on do-not-mail, do-not-phone and do-not-contact lists within 60 days after receipt, or such shorter time as may be required by law.

4.3 Human Resources Data

With regard to Personal Information that Jazwares receives in connection with the employment relationship, Jazwares will use such Personal Information only for employment-related purposes as more fully described above. If Jazwares intends to use this Personal Information for any other purpose, Jazwares will notify the Individual and provide an opportunity to opt-out of such uses.  

4.4 “Do Not Track”

Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers.  DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.  If you would like to learn more about our use of cookies and other tracking technologies, please review our Cookie Policy.

5.0 Personal Information Rights:  Rights of Access, Rectification, Erasure, and Restriction  

In certain jurisdictions, individuals have rights in relations to Personal Information. For all individuals, where you are receiving communication from us of a marketing nature, we provide the ability for you to unsubscribe at the end of the email. You may also contact us directly to exercise your right to object to marketing communication or to exercise other rights. In addition, where Personal Information is collected for general business operations and that Personal Information is not required for regulatory or legal purposes or the like, we offer you a choice to limit the use and disclosure of your Personal Information. Our contact details are provided at the end of this Privacy Policy. 

Individuals in the European Economic Area and the UK have certain rights which may be subject to limitations and/or restrictions. These rights include the right to: (i) request access to and rectification or erasure of their personal data; (ii) obtain restriction of processing or to object to processing of their personal data; and (iii) ask for a copy of their personal data to be provided to them, or a third party, in a digital format. If you wish to exercise one of the above-mentioned rights, please send us your request to the contact details set out below. If you are a resident of the European Economic Area, we confirm that we do not use your Personal Information to conduct automatic decision-making or profiling.

Individuals also have the right to lodge a complaint about the processing of their personal data with their local data protection authority.

Personal data subject rights under the California Consumer Protection Act may also apply to certain individuals and households. These rights include the right to: (i) know what personal information is being collected about them, (ii) know whether their personal data is sold or disclosed at to whom, (iii) say no to the personal sale of information (iv) access their personal information, (v) equal service and price, even if they exercise their privacy rights. These rights are discussed in greater detail below. 

You may also contact us with your Personal Information inquiries or for assistance in modifying or updating your Personal Information and to exercise your rights regarding your Personal Information. Our contact details are provided at the end of this Privacy Policy.

You may inquire as to whether Jazwares is Processing Personal Information about you, request access to Personal Information, and ask that we correct, amend or delete your Personal Information where it is inaccurate. Where otherwise permitted by applicable law, you may send an e-mail to [email protected]  or use any of the methods set out in this Policy to request access to, receive (port), restrict Processing, seek rectification, or request erasure of Personal Information held about you by Jazwares. Such requests will be processed in line with local laws. 

Although Jazwares makes good faith efforts to provide Individuals with access to their Personal Information, there may be circumstances in which Jazwares is unable to provide access, including but not limited to: where the information contains legal privilege, would compromise others’ privacy or other legitimate rights, where the burden or expense of providing access would be disproportionate to the risks to the Individual’s privacy in the case in question or where it is commercially proprietary. If Jazwares determines that access should be restricted in any particular instance, we will provide you with an explanation of why that determination has been made and a contact point for any further inquiries. To protect your privacy, Jazwares will take commercially reasonable steps to verify your identity before granting access to or making any changes to your Personal Information.

6.0 Security

We take steps to ensure that your information is treated and maintained with reasonable security  and in accordance with this Privacy Policy. Unfortunately, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you provide to us. [We do not accept liability for unintentional disclosure.]

By using the Services or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Site or sending an e-mail to you. You may have a legal right to receive this notice in writing.

7.0 Retention 
Jazwares retains the Personal Information we receive as described in this Privacy Policy for as long as you use our Services or as necessary to fulfil the purpose(s) for which it was collected, provide our products and services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements and comply with applicable laws.

8.0 Children’s Privacy

We take Children’s privacy seriously and encourage parents to take an active role in protecting their Children’s privacy and online experience.

Collection and Use of Children’s Personal Information 

The Jazwares Website is not directed to Children under 13 (or other ages as required by local law) and we do not knowingly collect Personal Information from Children. Jazwares asks that all users who want to use the services on this Website be age 13 and older.  However, Jazwares may have certain online services or features directed to Children, for which verified parental consent is required prior to use.

Jazwares may collect and store the following types of Personal Information about a child under 13 (and in certain jurisdictions under the age of 16) if this information is submitted by such a child with prior parental consent or by the parent or guardian of such child

    • online identifiers to facilitate the operation of a connected toy; and 
    • contact information, including name, email address, mailing address, parent’s or guardian’s name, and parent’s or guardian’s email address, to facilitate receipt of special content, participation in contests or sweepstakes. 

We do not enable Children to make their Personal Information publicly available.

If you are under the age of 13 and want to use these online services, you must follow the instructions related to that site or service to provide verified parental consent.  The consent mechanism may differ based on the product, but may involve either a credit card authorization, or email consent (where the parent must email [email protected], upon which the parent will be contacted and asked to return by email a verifiable consent form.  

If you learn that your Child has provided us with Personal Information without your consent, you may contact us as set forth below to request that the information be deleted.  If we learn that we have collected any Personal Information in a manner that does not comply with our policies or applicable law, we will promptly take steps to delete such information. 

We will not condition a Child’s participation in an activity, like contests, on the Child’s disclosure of more Personal Information than is reasonably necessary to participate in the activity. Once collected, a Child’s Personal Information may be used to:  allow participation in activities on our site (e.g., contests and/or sweepstakes). We may also use the information for our internal marketing and demographic studies, so that we can constantly improve the products and services we provide to our visitors and better meet their needs.  Jazwares will not disclose such information to third parties without your permission.

Jazwares may collect information from Children under 13 without verifiable parental consent in the following limited circumstances as authorized by law:  

    • Jazwares may collect a Child’s online contact information, such as an email address, to respond directly to a one-time request (for example, if the Child wants to enter a contest). We will not use the information to contact the Child again, and we will delete the information after we respond to the request.
    • Jazwares may collect online contact information, such as email addresses, of parents or Children in order to obtain verifiable parental consent.  We will delete this contact information if we do not receive parental consent within a reasonable time.
    • Jazwares may collect online contact information, such as email addresses of parents or Children to respond directly more than once to an ongoing request by a Child (for example, if the Child wants to receive a newsletter).  Jazwares will provide notice to parents and advise them that we collected their online contact information to let them know their child has asked us for multiple online communications; we collected their Child’s online contact information to provide the Child with the multiple communications he or she asked for; the online contact information will not be used for any other purpose and will not be disclosed or combined with other information; and that if they do not opt out, we  may use the Child’s online contact information to provide the requested information. 
    • Jazwares may collect names and online contact information, such as email addresses, of parents or Children to protect a Child’s safety and will notify the parents of the Child.  Jazwares will further advise the Child’s parents that we will not use or disclose the Child’s Personal Information for any other purpose and that the parents may refuse to permit the use of the contact information and require us to delete it.
    • Jazwares may collect a Child’s name and online contact information to protect the security or integrity of our site or Services, to take precautions against liability, to respond to judicial process, or — as permitted by law — to provide information to law enforcement.

Third Party Operators That May Collect or Maintain Children’s Personal Information

For some Services that facilitate connection to third-party devices, other operators may collect or maintain personal identifiable information from Children.  As we develop connected toys, we will update this site with information identifying such third-party operators so you may direct your inquiries about other operators’ privacy policies and use of Children’s Personal information to that specific operator. Fuzzible Friends pairs with compatible Amazon Echo devices.  For information regarding Amazon’s privacy policies, please see Amazon’s Children’s Privacy Disclosure. For information about enabling the Fuzzible Skill on your Amazon Echo device, please click on “Learn More” within the Alex app, under the Fuzzible Skill. You can manage parental consent through this Amazon Dashboard on a web browser.

Parental Access

A parent who has already provided us with permission to collect and use his or her Child’s Personal Information can, at any time, (1) review the Child’s Personal Information or request that we delete it; and/or (2) request that we discontinue further collection or use of the Child’s Personal Information; and/or (3) permit us to collect and use his or her Child’s information, but restrict us from disclosing the information to third parties unless such a disclosure is integral to the service we provide.  To do so, please refer to the confirmation email provided to you when you gave your consent or contact [email protected].  Please be sure to include your Child’s name and email address and your name and email address in your request.

9.0 International Data Users

By using the Services, you will transfer data to the United States.  By choosing to visit the Site, utilize the Services or otherwise provide information to us, you agree that any dispute over privacy or the terms contained in this Privacy Policy will be governed by the law of the State of Florida and the adjudication of any disputes arising in connection with Jazwares or the Services will be in accordance with the Terms. Nothing in the preceding sentence, shall limit the mandatory rights afforded to residents of the European Economic Area or the UK under applicable data protection laws.

If you are visiting from outside of the European Economic Area, UK or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your information to the United States and processing globally. In such case, by providing your Personal Information, you consent to any transfer and processing in accordance with this Policy.

10.0 Privacy Notice for California Residents

We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”). This Privacy Notice for California Residents supplements the information contained in our general Privacy Policy and applies solely to California residents as defined by CCPA. The CCPA provides CA Residents with certain rights regarding their Personal Information. These rights and the methods for exercising them are described in more detail below. 

Under the CCPA a CA Resident has the right to request that Jazwares disclose what personal information it collects, uses, discloses, and sells. The consumer also has the right to request the specific pieces of personal information that Jazwares has collected about that consumer.

Right to Access and Know About Your Personal Information

You have the right to request that we disclose certain information to you about our collection, use, disclosure, or sale of your personal information.. Once we receive and confirm your verifiable request, we will disclose to you the following information regarding the personal information we collected, used, disclosed, or sold about you in the 12 months prior to our receipt of your request:

    • The categories of personal information we collected about you;
    • The categories of sources from which the personal information was collected about you;
    • Our business or commercial purpose for collecting that personal information;
    • The categories of personal information we disclosed for a business purpose in the preceding 12 months, and for each category identified, the categories of third parties to whom we disclosed that personal information; and
    • The specific pieces of personal information we collected about you.

Right to Delete

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless the law allows us to retain it. 

For example, we may not be able to act on your deletion request if retaining the information is necessary for us or our service provider(s) to:

    • Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you or otherwise perform our contract with you;
    • Detect security incidents, protect against malicious, deceptive, fraudulent or illegal activity or prosecute those responsible for such activities;
    • Debug products to identify and repair errors that impair existing intended functionality;
    • Exercise free speech, ensure the rights of other consumers to exercise their free speech rights or exercise another right provided for by law;
    • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.);
    • Engage in public or peer-reviewed scientific, historical or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the business’ deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent;
    • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
    • Comply with a legal obligation; or
    • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Your Rights to Access, Know, and Delete

To exercise the rights to access, know and delete described above, please submit your request to us by  contact us at: [email protected], 1-800-370-1827, or submit the request via postal mail to Jazwares, LLC, 963 Shotgun Road, Sunrise, FL, Attention: Data Privacy.  The CA Resident must reference California Consumer Privacy Act as the subject line in his or her request, and include his or her full name, e-mail address, and postal address in the message. If you have any questions about your rights described above, you may also contact us.

When you make a request to access or delete your personal information, we will take steps to verify your identity. These steps may include asking you for personal information, such as your name, address or other information we maintain about you. If we are unable to verify your identity with the degree of certainty required, we will not be able to respond to the request. We will notify you to explain the basis of the denial.    

There may be some types of personal information that can be associated with a household (a group of people living together in a single home). Requests to know specific pieces of personal information about the household or for deletion of household personal information must be made jointly by each member of the household. We will verify each member of the household, and verify that each member making the request is currently a member of the household. If we are unable to verify the identity of each household member with the degree of certainty required, we will not be able to respond to the request.  We will notify you to explain the basis of our denial.  

You may also designate an authorized agent to submit requests on your behalf. If you do so, you will be required to verify your identity by providing us with certain personal information. Additionally, we will also require that you provide the agent with written permission to act on your behalf, and we will deny the request if you or the agent fail  to submit proof we require to establish that you have authorized the agent to act on your behalf. Authorized agents may submit a request on behalf of a CA Resident in the same manner as a person submitting requests on behalf of himself.

You may only make a Right to Know or Right to Access request twice within a 12-month period.

Making a verifiable consumer request does not require the CA Resident to create an account with us.

Finally, we note that we will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Response Timing and Format

When we receive a request to know or a request to delete, we will confirm receipt of the request within 10 business days and provide you with information about how we will process the request. Where possible, we will respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform the CA Resident of the reason and extension period.

Any disclosures we provide will cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide the CA Resident’s personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Right to Opt Out of Sale

Jazwares does not sell information that, on its own, identifies you, like your name or email address, without your permission. As outlined in our Privacy Policy, we do share other identifiers with partners for product, service and advertising reasons. Under the CCPA, some of our sharing activities may be considered a “sale” that you have a right to opt-out of. Depending on the services you use the permissions you have granted us, Jazwares may “sell” the following limited categories of information: online identifiers used to support targeted online advertising. 

Sharing this information allows us to better provide our content and services, helps out partners deliver better content and advertising, and keeps our services better supported by our advertisers.  If you opt out of sale, your experience may be affected and content may become less interesting to you.

To opt out of sale, access the “Do Not Sell My Personal Information” link in the pop-up message on our Privacy Policy. You may also opt out of sale by emailing Jazwares at [email protected].

Minors

We do not sell personal information of minors we actually know are under 16. 

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights.

11.0 Accessibility
We are committed to ensuring that our communications are accessible to people with disabilities. To make accessibility-related requests or report barriers, please contact us at [email protected] or contact us at:  

Jazwares, LLC

1067 Shotgun Road

Sunrise, FL 3326

Attention: Privacy Director

12.0 Redress/Compliance and Accountability

If after reviewing this Privacy Policy, you would like to submit a request, you have any questions or privacy concerns, or you would like information about how to lodge a complaint with the appropriate authority, please send an email to [email protected] or contact us at:

Jazwares, LLC

1067 Shotgun Road

Sunrise, FL 3326

Attention: Privacy Director

 

If you reside in Germany, your local co-controller is: 

Jazwares GmbH

Mina-Rees-Str. 8 

64295 Darmstadt 

HRB 92958 Darmstadt Local Court

Attn: Data Protection Officer 

[email protected] 

The contact details of the Jazwares GmbH Data Protection Officer are: 

Tino Kuprat

Moog & Partner Steuerberatungsgesellschaft mbH

Holzhofallee 15A

64295 Darmstadt

[email protected]

 

If you reside in the United Kingdom, your local co-controller is: 

Jaz Toys UK Ltd

16a Crane Grove Islington

London

N7 8LE

Attention: Privacy Director

Jazwares will address your concerns and attempt to resolve any privacy issues in a timely manner. 

12.1 Customer Support

If you have a general inquiry and/or need to report a problem about a product, you can contact customer support using one of the following addresses:

Jazwares Customer Support:  [email protected] 

First Act Customer Support:    [email protected]   

Jazwares GmbH Customer Support: [email protected]

Jazwares GmbH End Consumer Service Requests:  [email protected]

Jaz Toys UK Ltd. (United Kingdom) Customer Support: [email protected] 

Jazwares Mexico Customer Support:  [email protected] 

12.2  Other Rights and Important Information

11.3  Changes to the Privacy Policy

    • Revision to the Privacy Policy. We may revise this Privacy Policy in our sole discretion, so review it periodically. If you continue to visit this Site and use the services made available to you after such changes have been made, you hereby provide your consent to the changes.
    • Posting of Revised Privacy Policy. If there are any material changes to this Policy, Jazwares will notify you by email or as otherwise required by applicable law.  We will post any adjustments to the Privacy Policy on this web page, and the revised version will be effective immediately when it is posted (or upon notice as applicable). If you are concerned about how your information is used, bookmark this page and read this Privacy Policy periodically.
    • New Uses of Personal Information. Additionally, before we use Personal Information for any new purpose not originally authorized by you, we will endeavour to provide information regarding the new purpose and give you the opportunity to opt-out. Where consent of the Individual for the Processing of Personal Information is otherwise required by law or contract, Jazwares will endeavour to comply with the law or contract.

12.3 Compliance

This Privacy Policy shall be implemented by Jazwares and all its operating divisions, subsidiaries and affiliates.  Jazwares has put in place mechanisms to verify ongoing compliance with this Privacy Policy.  Any Employee that violates these privacy principles will be subject to disciplinary procedures.

13.0 Definitions

“Agent” means any third party that processes Personal Information pursuant to the instructions of, and solely for, Jazwares or to which Jazwares discloses Personal Information for use on its behalf.

*Child* refers to a person who is under the age of 13.

“Children” refers to a group of people who are under the age of 13.

“Consumers” refers to any current, former and prospective consumers and/or current, former and prospective customers who contact us via email or visit our websites.

“Contractors” refers to any current, former and prospective independent contractors, freelancers, sales representatives.

“Customers”: “Retailers”, “Distributors”, “Suppliers” refers to any current, former, and prospective retailers, distributers and suppliers, and other business partners.

“Employees”, “Employee contacts and beneficiaries” refers to any current, former, and prospective employees and in the case of former and current employees their contact points in case of a medical emergency and beneficiaries under any insurance policy.

“Personal Information” is any information relating to an identified or identifiable natural person (“Individual”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. It includes information considered “personal data” under EU, EU Member State or UK law.

“Process” or “Processing” means any operation which is performed upon Personal Information, whether or not by automatic means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

 “Sensitive Data” or “Sensitive Personal Information” is a subset of Personal Information which, due to its nature, has been classified by law or by policy as deserving additional privacy and security protections.  Sensitive Personal Information includes Personal Information regarding EU or UK-residents that is classified as a “Special Category of Personal Data” under EU, EU Member State or UK law, which consists of the following data elements: (1) race or ethnic origin; (2) political opinions; (3) religious or philosophical beliefs; (4) trade union membership; (5) genetic data; (6) biometric data where Processed to uniquely identify a person; (6) health information; (7) sexual orientation or information about the individual’s sex life; or (8) information relating to the commission of a criminal offense.

“Third Party” is any natural or legal person, public authority, agency or body other than the Individual, Jazwares or Jazwares’ agents.

14.0 Superseded Documents

Title (Effective Date)
Jazwares Privacy Policy (Effective: May 25, 2018)
Jazwares Privacy Policy (Effective July 27, 2020)
Jazwares Privacy Policy (Effective January 8, 2021)
Jazwares Privacy Policy (Effective June 8, 2021)