As used in this policy, the terms “using” and “processing” information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally.
INTERNATIONAL DATA TRANSFER
THE INFORMATION WE COLLECT
We receive, collect and store any information you enter on the Site, or give us in any other way such as names, postal addresses, email addresses, credit card information, etc., when voluntarily submitted by users of (and visitors to) the Site and during your use of the Services. We collect certain commercial information based on your interactions with us and the Ultimate Toys products that you purchase. This includes records of the products purchased or considered for purchase by you. The information you provide is used to fulfill your specific requests, to improve the experience on the Site, to ensure a successful experience in your use of the Services, and to adhere to the terms and conditions you accept when you make a purchase from us. From time-to-time on the Site, you may be able to order services, products, enter contests, vote in polls, or otherwise express an opinion or subscribe to one of our Services. The types of personally identifiable information that may be collected, when voluntarily submitted by users of (and visitors to) our Site include: name, address, e-mail address, telephone number, fax number, credit card information, and information about your interests in and use of various products, programs, and services. In certain circumstances on the Site, only persons who provide us with the requested personally identifiable information will be able to order products, programs, and services or otherwise participate in the Site’s activities and offerings. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features. We also may collect and log certain non-personally identifiable information when you visit many of our web pages such as the type of browser you are using (e.g., Google Chrome, Internet Explorer), the type of operating system you are using, (e.g., Windows 8.1 or Mac OS X) and the domain name of your Internet service provider (e.g., Comcast, Time Warner Cable). This data is used to manage the Site, track usage, and improve our Services. This non-personally-identifiable information may be shared with third parties to provide more relevant services and advertisements to users. User IP addresses are recorded for security and monitoring purposes. We may also record information about your usage, such as the time and frequency of your usage of the Website. If you are logged in, we may associate that information with your account. We may use clear GIFs or web beacons in HTML-based emails sent to our users to track which emails are opened by recipients. We may also use your email address to send updates, newsletters, or other news regarding Ultimate Toys and our products, services, and offerings. Users may choose not to receive email of these types by following opt-out instructions contained in such emails. UT reserves the right to send you important notices about your use of the Site or the Services, even if you opt-out of all voluntary email notifications.
HOW WE USE THE INFORMATION
Information about our customers is an important part of our business, and we are not in the business of selling it to others. We share customer information only as described below. We may use the information you provide about yourself to fulfill your requests for our products, programs, and services, to respond to your inquiries about our offerings, to offer you other products, programs or services that we believe may be of interest to you and to notify you if you win one of our contests. We may share information you provide about yourself with our trusted business partners, affiliates, parents, and subsidiaries (collectively our “Business Partners”) in order to communicate special promotions. We might also tell you about new features or products. These might be our own offers or products, or third-party offers or products we think you might find interesting. We may share information with third parties who perform services on our behalf. For example, we share information with vendors who help us manage our online registration process or who assist us in providing the Services. Some vendors may be located outside of the United States. We may share information with any successor to all or part of our business. For example, if part of our business is sold we may give our customer list as part of that transaction. We may share information with our Business Partners. For example, if we are working with a third party and running a joint promotion, and we may share information with that third party Business Partner.
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COMPLIANCE WITH LAWS AND LAW ENFORCEMENT
We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials, to our insurance providers, or to private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of Ultimate Toys, or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be or to pose a risk of being, any illegal, unethical or legally actionable activity.
USE OF NON-PERSONALLY IDENTIFIABLE INFORMATION
We sometimes use the non-personally identifiable information that we collect to improve the design and content of our site and to enable us to personalize your Internet experience. We may use this information in the aggregate to analyze site usage, as well as to offer you products, programs, or services.
We may employ third party companies and individuals to facilitate our Services, to provide the Services on our behalf, to perform Site-related services (e.g., without limitation, maintenance services, database management, web analytics, fraud detection services relating to the activity of Registered Users and improvement of the features of the Service) or to assist us in analyzing how our Services are used. These third parties may have access to your Personal Information; if they do, this access is only so that they may perform these tasks on our behalf and they are obligated not to disclose or use it for any other purpose. We may also provide Personal Information to our Business Partners or other trusted entities for the purpose of providing you with information on goods or services we believe will be of interest to you. You can, at any time, opt-out of receiving such communications.
COLLECTION OF INFORMATION BY THIRD-PARTY SITES, OFFERINGS, AND SPONSORS
Our Site may contain links to other sites whose information practices may be different than ours. Visitors should consult the other sites’ privacy policies as we have no control over information that is submitted to, or collected by, these third parties. The fact that we link to a website or present a banner ad or other type of advertisement is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other websites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.
We may collect information from you on behalf of third-party service providers with whom we have pre-existing relationships to assist you in your purchase of an Ultimate Toys product. This may include information provided to third-party companies offering to provide financing or leasing products to you in connection with your purchase of an Ultimate Toys product. Any information that we collect from these third parties will be used solely for the purpose of evaluating your ability to complete your purchase of an Ultimate Toys product. We will use reasonable commercial efforts to safeguard any sensitive personal or financial information you provide, or that is provided to us by these third parties. ULTIMATE TOYS SHALL NOT BE RESPONSIBLE FOR AND HEREBY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW, ANY LIABILITY ASSOCIATED WITH THE DISCLOSURE OF ANY PERSONAL INFORMATION THAT YOU PROVIDE TO THIRD-PARTIES WHICH IS NOT A RESULT OF OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
California law grants California residents certain rights and imposes restrictions on particular business practices as set forth below:
Notice before collection: We are required to notify California residents, at or before the point of collection of their personal information, the categories of personal information collected and the purposes for which such information is used.
Request to delete: California residents have the right to request, at no charge, deletion of their personal information that we have collected about them and to have such personal information deleted, except where an exemption applies. We will respond to verifiable requests received from California residents as required by law.
Request to know: California residents have the right to request and, subject to certain exemptions, receive a copy of the specific pieces of personal information that we have collected about them in the prior 12 months and to have this delivered, free of charge, either (a) by mail or (b) electronically in a portable and, to the extent technically feasible, a readily useable format that allows the individual to transmit this information to another entity without hindrance. California residents also have the right to request that we provide them certain information about how we have handled their personal information in the prior 12 months, including:
categories of personal information collected; categories of sources of personal information; business and/or commercial purposes for collecting and selling their personal information; categories of third parties/with whom we have disclosed or shared their personal information; categories of personal information that we have disclosed or shared with a third party for a business purpose; and categories of third parties to whom the residents’ personal information has been sold and the specific categories of personal information sold to each category of third party.
Do-not-sell (opt-out/opt-in): California residents have the right to opt-out of our sale of their personal information. Further businesses may not knowingly sell personal information about minors under 16 years old without prior express consent.
Discrimination and financial incentives: The CCPA prohibits discrimination against California residents for exercising their rights under the CCPA. A business may offer financial incentives for the collection, sale, or deletion of California residents’ personal information, where the incentive is not unjust, unreasonable, coercive, or usurious, and is made available in compliance with applicable transparency, informed consent, and opt-out requirements. California residents have the right to be notified of any financial incentives offers and their material terms, the right to opt-out of such incentives at any time, and may not be included in such incentives without their prior informed opt-in consent. We do not offer any such incentives at this time.
California residents may submit a request to know or a request to delete to us by emailing us at firstname.lastname@example.org We may require additional information from you in order to verify your request. We will respond to verifiable requests received from California residents as required by law. If you have a disability, you may request a copy of this Policy or any other required accommodation be provided to you by contacting us. You may also submit your request by postal mail to: Ultimate Toys Attn: Legal Department 4755 Lake Forest Drive, Suite 100, Cincinnati, OH 45242. We will make every effort to promptly respond to your request.
The Site and Services not intended for use by children under the age of 13. UT does not knowingly request or collect personal information from children under the age of 13. If you are under 13, please DO NOT attempt to register on the Site or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to or on our website. In the event that we learn that any personal information has been submitted to the website from a child under age 13, we will delete that information as quickly as reasonably possible. If you believe that we might have any information from or about a child under age 13, please contact us at email@example.com.
CHILDREN BETWEEN THE AGES OF 13 AND 18
If you are between the ages of 13 and 18, you may register on our website only with the involvement and permission of a parent or guardian.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS-IS”, “WITH ALL FAULTS”, AND “AS-AVAILABLE” BASIS. ULTIMATE TOYS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ULTIMATE TOYS MAKES NO PROMISES REGARDING RESULTS OF USING THE SERVICES AND ULTIMATE TOYS MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS-FREE. USE OF ANY APPLICATION THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
ULTIMATE TOYS, ITS AFFILIATES, PARENTS, SUBSIDIARIES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, INDEPENDENT AND SUB-CONTRACTORS, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF YOUR USE AND ACCESS OF THE SITE, THE SERVICES, YOUR ABILITY OR INABILITY TO ACCESS, VISIT AND/OR USE THE SERVICE, INCLUDING DAMAGE TO YOUR COMPUTER, MOBILE OR OTHER DEVICE, OR FOR SOFTWARE DISABLING DEVICES, TIME BOMBS, VIRUSES, WORMS, BUGS, OR DEVICES OR DEFECTS OF SIMILAR NATURE ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE OR USE OF THE SERVICES, YOUR ACCESS, VISITATION, AND/OR USE OF, OR RELIANCE ON, THE SITE OR USE OF THE SERVICES AND/OR CONTENT AVAILABLE ON OR THROUGH THE SITE AND USE OF THE SERVICES, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE AGREEMENT IS NOT SUBJECT TO THE LAWS OF SUCH STATES, BUT TO THE EXTENT A CLAIM IS BROUGHT THEREIN, OUR LIABILITY AND WARRANTIES ARE LIMITED TO THE EXTENT PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY”.
OUR COMMITMENT TO SECURITY
We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored “personal data” (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on the Site or through the Services in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
If you provide us with reviews or testimonials regarding your purchase of an Ultimate Toys product or service, we may post your testimonials or reviews on the Site along with your name and the product or service purchased. If you do not wish to have your testimonial or review posted on the Site, please contact us.