Introduction

 

We respect your privacy and are committed to protecting it through our compliance with this Policy.  This Policy describes the types of information we may collect from you or that you may provide to us when you visit the website https://www.tinyearthtoys.com, any successor or subdomain thereof or any other website where we post this Policy (collectively, our “Website”) or when you use our toy subscription services (our “Services”) and our practices for collecting, using, maintaining, protecting and disclosing that information.

 

This Policy applies to any information that we collect on the Website or otherwise in connection with your use of the Services, including any information in any forms or messages submitted by you to us through our Website or using the contact information provided on our Website, and any information collected when you interact with email messages you receive from us.  This Policy does not apply to any other information that we may collect by any other means.

 

Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it.  If you do not agree with our policies and practices, you can choose not to use our Website and Services.  By accessing or using our Website and Services, you agree to this Policy.  This Policy may change from time to time.  When we make changes to this Policy, we will post the updated Policy on our Website and update the Policy’s “Last Modified” date.  We will also provide notice of any material changes as explained in the section below titled “Changes to Our Privacy Policy.”  Your continued use of the Website and Services after we make changes is deemed to be acceptance of those changes.

 

Information We Collect About You and How We Collect It

 

Personal Information We Collect

 

We may collect several types of information from and about users of our Website and Services.  This may include information by which users may be personally identified or information about a user that is maintained in personally-identifiable form (collectively “Personal Information”).  Specifically, we may collect the following:

 

●      Your name.

●      Your e-mail address.

●      Your billing, mailing and/or physical address.

●      Your telephone number.

●      Your child’s birthdate (used to make toy recommendations).

●      Your transaction history in connection with your use of our Services.

●      Your IP address or mobile device ID.

●      Payment information such as your credit card number, debit card number, expiration dates and security codes, and other similar or related account and authentication data necessary to process payment transactions in connection with our Services (“Payment Information”).  Please note: the third party payment processor we have engaged to securely process payment transactions in connection with our Services collects this information directly from you and processes this information on our behalf without sharing this information with us, and we do not at any time directly store or have access to any Payment Information.

●      Any other information (including Personal Information) you choose to provide in any forms or messages submitted by you to us or to others through our Website or using the contact information provided on our Website.

 

How We Collect Information

 

With the exception of your IP address or mobile device ID (which we collect automatically as you navigate through or interact with our Website, as described below in the section titled “Traffic, Usage and Computer/Device Information”), we collect this information directly from you when you submit it to us in connection with registering to obtain additional information from us (such as signing up to receive our e-newsletter or other marketing and promotional information about us or our Services), registering for an account on the Website, placing an order for Services via the Website or otherwise, entering into a sweepstakes, contest, giveaway or other promotion related to our Services, responding to a voluntary survey you have agreed to complete, contacting us for customer service inquiries or reporting a problem with our Website or Services, submitting an inquiry to us using the contact methods provided on our Website, or otherwise contacting us about our Website, our Services or our business.

 

Traffic, Usage and Computer/Device Information

 

Additionally, as you navigate through and interact with our Website or interact with email messages you receive from us, we may automatically collect certain traffic data, usage information, and information about your computer equipment or mobile device, such as your browser and operating system, your wireless carrier, the geographic region from which you are accessing the Services, time stamped logs regarding access times and duration of visits, the pages of our Website that you visit, whether you opened the email message we sent to you and whether you clicked on any links in the message, configuration data, clickstream analytics and your actions and patterns when you use our Website or interact with our email messages (collectively, “Technical Information”).  The technologies we use for this automatic data collection may include cookies that are stored on the browser of your computer or mobile device, small embedded electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) and other types of embedded code.  We collect this information to manage our content and improve users’ use of our Website and Services; count and review the number of users of our Website and their usage patterns; to track key performance indicators such as pages accessed, frequency of access and other statistical information related to our Website, our Services and the performance of our email messages (for example, recording the popularity of certain content and verifying system and server integrity); to identify the portion of users who access our Website via different web browsers or mobile operating systems; to recognize if user is a return user of our Website; to store information about a user’s visits; to remember a user’s preferences; and for similar purposes in connection with monitoring, maintaining and improving our Website, our Services and our email messaging.

 

How We Use Your Information

 

Generally

 

We may use the information we collect about you or that you provide to us, including Personal Information, to:

 

●      Provide our Website and its contents to you.

●      Provide our Services to you.

●      Provide you with information or services you request from us.

●      In connection with our Services, fulfill your toy orders and exchange requests.

●      Process your transactions and payments via the Website or otherwise, including by transmitting certain of your Personal Information (including Payment Information) to the third party payment processor that we use for securely processing payment transactions, and to prevent transactional fraud.

●      Create, maintain, customize and secure your account with us.

●      Authenticate or otherwise verify your identity in connection with your requests, purchases, transactions and payments via the Website or otherwise.

●      Provide you with support and to respond to your inquiries and customer service and support requests, including to investigate and address your concerns and to monitor and improve our responses.

●      Update and maintain subscription, e-mail or mailing lists (such as our e-mail lists to receive newsletters or alerts by e-mail).

●      Provide you with informational content and promotional materials regarding our Website and Services, and our other products and services.

●      Help maintain the safety, security, and integrity of our Website, databases and other technology assets and our business.

●      Perform research and development activities, which may include, for example, conducting data analyses in order to develop new products and services or to improve existing products and services, and performing quality control activities.

●      With respect to Technical Information, fulfill the purposes described in the section above titled “Traffic, Usage and Computer/Device Information.”

●      Register you for sweepstakes, contests, giveaways or other promotions.

●      Notify you about changes to our Website, our Services, our other products or services or this Policy.

●      Respond to lawful requests for information through court orders, subpoenas, warrants and other legal processes or obligations.

●      Enforce any contracts between you and us, including for billing and collection, or for the establishment, exercise or defense of legal claims.

●      Evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which information (including Personal Information) held by us is among the assets transferred.

●      Fulfill any other purpose for which you provide the information.

●      Serve any other purpose that we describe when you provide the information and for any other purpose with your consent.

 

Use of Personal Information for Marketing Purposes

 

We may use your Personal Information to provide you with marketing and promotional information about our Website, our Services or our other products and services that we believe may be of interest to you.  If you do not want us to use your information in this manner, see the section below titled “Choices About How We Use and Disclose Your Information” for more information about how to opt out of such use.

 

Use and Disclosure of Aggregated or De-Identified Data

 

We may convert or combine some Personal Information of users into de-identified or aggregated data that does not disclose any of the Personal Information of any individual user. We may use and disclose to third parties any such de-identified or aggregated data (including but not limited to traffic and usage data that does not identify you personally) for any lawful purpose.

 

User Contributions

 

You may provide information to be posted, published or displayed on public areas of our Website, or to be transmitted to other users of our products or services or to third parties, including information, feedback and comments (collectively, “User Contributions”).  Your User Contributions are posted on our Website and transmitted to others at your own risk.  We cannot control the actions of other users of our Website with whom you may choose to share your User Contributions.  Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

 

 

Tracking and “DO NOT TRACK”

 

Tracking involves the use of cookies, web beacons, or other embedded code or tracking technologies to collect, analyze and store information on a user’s behavior over time on multiple sites, including information on the sites visited, products viewed, products purchased and other online interactions.  Tracking information can be used to enable companies to make interest-based (behavioral) advertising available to users on multiple sites that they visit.

 

We do not currently collect Personal Information about your online activities over time and across third-party sites for tracking purposes.  In addition, we do not currently allow third parties to collect Personal Information through or using our Website that could be used by them to analyze and store information about your online activities over time and across third-party sites for tracking purposes.  Therefore, our Website does not respond to any “DO NOT TRACK” signals sent by your browser or mobile device, and if your browser or mobile device sends a “do not track” signal to our Website, our Website will not treat you differently from users who do not send such signals.

 

Disclosure of Your Information

 

We may share your Personal Information with third parties in the following circumstances:

 

●      We may disclose Personal Information to any contractors, service providers and other third parties who need to know such information (or such contractors, service providers or other third parties may collect Personal Information directly from you on our behalf while you use our Website) in order to provide services to us that support our hosting, maintenance, operation and promotion of our Website, our Services and our business and our permitted uses of Personal Information under this Policy.  For example, we may use a third party cloud-hosting infrastructure service provider (e.g., Amazon Web Services, Google Cloud or Microsoft Azure), we may use a customer relationship management or an e-mail marketing software platform offered by a third party service provider, we may use a third party payments processor to securely process payment transactions in connection with our Services, and we may use carriers such as FedEx, UPS and USPS to ship and exchange toys in connection with our Services.

 

●      We may disclose Personal Information to our affiliates or to a buyer or other successor to our business in the event of a sale of equity or assets, reorganization, merger, divestiture or a similar corporate transaction, whether as a going concern or as part of a bankruptcy, liquidation or similar proceeding, and any due diligence review with respect to any such proposed transaction.

 

●      We may disclose Personal Information to comply with any court order, law or legal process, including to meet national security and law enforcement requirements or to respond to any government or regulatory request or audit.

 

●      We may disclose Personal Information to enforce or apply any legal agreements between us and you, or if we believe disclosure is necessary or appropriate to protect the rights, property or safety of our customers or others.

 

We may also disclose your Personal Information for any purpose disclosed when the information is provided, and for any other purpose with your consent.

 

Third-Party Services

 

Our Website and email messages to you may include links to blogs, social media and third-party websites.  These third-party sites have their own privacy policies and terms of use and are not controlled by this Policy. You should carefully review any terms, conditions and policies of such third-party sites before visiting them or supplying them with any personal information.  If you follow a link on our Website or email messages to any third-party site, any information you provide to that site will be governed by its own terms of use and privacy policy and not this Policy. You may be able to use social media widgets (e.g., the Facebook “Like” button) while using our Website.  These widgets will collect your IP Address and identify which page you are visiting on our Website and make your preference information available to third parties.  The information collected by such widgets is controlled by third-party privacy policies.

 

We are not responsible for the privacy or security of any information you provide to a third-party website or the information practices used by any third-party site, including links to any third-party site from our Website or email messages.  We make no representations, express or implied, concerning the accuracy, privacy, safety, security, or the information practices of any third-party site.  The inclusion of a link to a third-party site on our Website or in our email messages does not constitute any type of endorsement of the linked site by us.  We are not responsible for any loss or damage you may sustain resulting from your use of any third-party website or any information you share with a third-party website.

 

Choices About How We Use and Disclose Your Information

 

You have certain choices regarding the Personal Information you provide to us.  You can set your browser to refuse all or some browser cookies.  If you choose not to accept cookies, you may be unable to access certain parts or pages of our Website, or certain parts, pages or features of our Website may not function properly.  To learn more about cookies and how to disallow or manage them, go to: http://www.allaboutcookies.org/.

 

If you do not wish to have your Personal Information used by us to contact you with promotional content or messages, you may send us an email stating your request to hello@tinyearthtoys.com or you can opt-out by simply clicking on the “Unsubscribe” or “Updating your e-mail preferences,” link in the most recent e-mail you received from us and follow the prompts that appear.  This opt-out does not apply to notifications about changes to our Services or this Policy.

 

Accessing and Correcting Your Information

 

You may send us an email at hello@tinyearthtoys.com to request access to any Personal Information you have provided to us, or to correct or delete that Personal Information.  For security reasons, we may need to request specific information from you to help us confirm your identity before we correct, update or delete any Personal Information you provide us.  We will evaluate such requests on a case-by-case basis.  In certain cases we cannot delete your Personal Information.  For example, we cannot continue to maintain your account in connection with our Services without retaining certain portions of your Personal Information, so a request to delete certain forms of Personal Information may require the deletion of your account and cessation of Services to you.  We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

 

Users Outside of the United States

 

Our Website is hosted in the United States and our Website and Services are provided from the United States.  It is possible that certain information will be stored on servers in multiple other countries on the “cloud” or other similar distributed hosting platforms.  If you are accessing our Website from the European Union, Asia or any other jurisdiction with laws governing personal data collection, use, and disclosure that differ from United States laws, please note that by using the Website and providing your Personal Information to us and others through the Website you are expressly and knowingly consenting to the transfer of your Personal Information from your home country to the United States and other jurisdictions as indicated above (where laws may differ from the laws of your jurisdiction) and you are expressly and knowingly consenting to our use and disclosure of such Personal Information in accordance with this Policy.

 

California “Shine The Light” Disclosure

 

The California Civil Code permits California residents with whom we have an established business relationship to request that we provide a list of certain categories of Personal Information that we have disclosed to third parties for their direct marketing purposes during the preceding calendar year. To make such a request, please send an email to hello@tinyearthtoys.com or otherwise contact us using the information set forth below.  Please mention that you are making a “California Shine the Light” inquiry.  Please note, however, that we do not currently disclose any Personal Information to third parties for their direct marketing purposes.

Nevada Residents: Sale Opt-Out Rights

 

Nevada residents who wish to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A may submit a request to this designated address: hello@tinyearthtoys.com.  Please mention that you are making a “Nevada Sale Opt-Out Right” request.  However, please know we do not currently sell data triggering that statute’s opt-out requirements.

 

Children Under the Age of 18

 

While we certainly hope you and your children will enjoy the toys that come with our subscriptions, our Website and our Services themselves are directed to parents, guardians or other supervising adults only and are not directed to children.  Our Website and our Services are not intended to be used by children under 18 years of age, and no one under age 18 may provide any information to us or others on or using the Website or otherwise.  We do not knowingly collect Personal Information from children under age 18.  If you are under 18 years of age, do not use or provide any information on the Website, make any purchases through the Website or otherwise use our Services or provide any information about yourself to us, including your name, address, telephone number, email address, IP address or mobile device ID, or any screen name or username you may use.  If we learn we have collected or received Personal Information from a child under 18 years of age without verification of parental consent, we will delete that information.  If you believe we might have any information from or about a child under age 18, please contact us at hello@tinyearthtoys.com.

 

Data Security

 

We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration and disclosure.  The safety and security of your information also depends on you.  When we have given you (or when you have chosen) a password for access to certain parts of our Website, you are responsible for keeping that password confidential.  We ask you not to share your password with anyone.  Unfortunately, the transmission of information over the Internet is not completely secure.  Although we have implemented security measures that we think are adequate, we cannot guarantee the security of your Personal Information transmitted to or using our Website or Services.  Any transmission of Personal Information is at your own risk.  We are not responsible for the circumvention of any privacy settings or security measures contained on our Website or employed in connection with our Services.

 

Changes to Our Privacy Policy

 

We post any changes we make to our Policy on this page.  If we make material changes to how we treat our users’ Personal Information, we will notify you by e-mail to the primary e-mail address specified in your account and through a notice on the Website home page. The date the Policy was last revised is identified at the top of the page.  You are responsible for ensuring we have an up-to-date, active and deliverable e-mail address for you, and for periodically visiting our Website and this Policy to check for any changes.

 

Contact Information

 

We are Tiny Earth Toys, Inc., a Delaware corporation with headquarters in Durham, North Carolina.  To ask questions or comment about this Policy or our privacy practices, you may e-mail us at hello@tinyearth.co, or write to us by mail at 4913 S Alston Dr., Durham, NC 27713.