Privacy policy

EFFECTIVE AS OF April 29th, 2020.

 

HUMAN VERSION:

 

- We try to get to know you in order to provide you the best service and products possible.

- We never sell your information.

- You have control over your personal information and privacy - it's yours.

 

FULL VERSION:

 

This Privacy Policy "Policy" describes how your personal information is collected, used, and disclosed by Heinzl, Inc., a company incorporated under the laws of New Hampshire and our affiliates and subsidiaries in the United States (collectively, "JTG", "Josh's", "Josh's Toys & Games", "we", "us", or "our") with its principal business office located at 110 Kendall Pond Road, Windham, NH 03087. This Policy applies to information we collect when you access or use our technology platforms (including, without limitation, our websites, mobile applications, and social media profiles that link to this Policy) (collectively, the "Platforms"), shop in our stores, engage with us via social media, or when we otherwise interact (by email, telephone, or otherwise). By providing us with your Personal Information (as defined below) or otherwise interacting with us, you consent to the collection, use, and disclosure of such information in accordance with this Policy. We may supply different or additional notices of our information practices specific to certain programs or activities. We may also provide different notices of our information practices with respect to certain subsidiaries or affiliates, in which case this Policy will not apply.

 

  1. COLLECTION & USE OF PERSONAL INFORMATION

                                     

"Personal Information" is information that identifies, relates to, or describes, directly or indirectly, you as an individual, such as your name, e-mail address, telephone number, home address, work address, or payment information (for example: account information or credit card number).

 

We may collect Personal Information when you interact with Josh's or any of our brands, including when you:

 

- Purchase, return, pre-order, or evaluate merchandise at one of our stores or through our Platforms;

- Consent to receive our promotional email, SMS/text messages, job postings, event updates, or other communications;

- Visit or register through our Platforms;

- Visit our stores;

- Participate in our contests, giveaways, sweepstakes, or promotions, or participate in one of our surveys or other customer research;

- Submit product ratings and reviews;

- Contact or visit our Customer Service Department, or otherwise contact us or one of our service providers with a comment, question, complaint, or suggestion;

- Enroll in one or more of our loyalty or other reward programs; or

- Participate in or engage in correspondence with a promotional event with one of our trusted partners.

 

Purchasing, pre-ordering, exchanging, returning, or evaluating merchandise: When you purchase, pre-order, exchange, or return merchandise through one of our stores or through our Platforms, we collect and use the Personal Information that you provide, such as your personal identifiers (including name, address, email address, and telephone number), transaction information (such as order details), and financial information (such as payment card information) for the purposes of fulfilling your order, processing your return/exchange, improving our service and merchandise offerings, security and anti-fraud efforts, tailoring our marketing efforts, auditing, updating you on the status of your order/pre-order/exchange/return and reporting internally.

 

We receive personal characteristics (such as age, hobbies, and locale) when you provide the information to us. We use these characteristics to provide you with product recommendations and save your preferences.

 

In certain circumstances, we may also collect Personal Information that you provide to us regarding other people. For example, you may provide us with personal identifiers (such as the name and address) for a gift recipient. When you provide us with this Personal Information, we use it for the purposes of processing the shipment and, in some cases, to communicate with the intended recipient. We rely on you to obtain any necessary consent from the intended recipient to our use of their Personal Information for these purposes.

 

Promotional email, SMS/text messages, job postings, event updates, or other communications: When you consent to receive information from us such as promotional emails, SMS/text messages, job postings, event updates, or other information, we collect and use your personal identifiers (such as contact information) for the purposes of fulfilling your request. You can unsubscribe from promotional communications by following the instructions in the message, or for SMS/text messages, replying with 'STOP'. If you have any questions about unsubscribing from our messages, please contact us as described below.

 

Visit or register through our Platforms: If you choose to visit and register with one of our Platforms, we will collect the registration information that you provide, such as your personal identifiers (including your name, email address, telephone number, password, and shipping addresses), financial information (including payment card information), transaction information (such as your purchase history with us) and loyalty program information (described below) for the purposes of administering and securing your account on our Platforms.

 

We collect certain information through our Platforms automatically, including:

 

- "Usage and Geolocation Information". Whenever you visit or interact with our Platforms, we, as well as our service providers and trusted partners (collectively, "Vendors"), may use a variety of technologies (such as cookies, beacons, and pixels) that automatically or passively collect information ("Automated Technologies") about how the Platforms are navigated, accessed, and used ("Usage Activity Information"), and geo-location data. Usage Activity Information may include the pages served, the time/date of your visit, the preceding page views, and your use of and pathway through the Platforms.

 

- "Device Identifiers and Characteristics". We and our Vendors may use Automated Technologies to collect personal identifiers (such as your IP address(es) or other unique device identifiers) and device characteristics (such as browser type, device type, operating system, and application version) for the device (e.g., computer, mobile phone, tablet or other device) you use to access the Platforms.

 

- "Automated Technologies". The Automated Technologies used on the Platforms to collect Usage Information include, but are not limited to, cookies (data files placed on a device when it is used to visit the Platforms), mobile analytics software, pixel tags (a transparent graphic image, sometimes called a web beacon or tracking beacon, placed on a Platform to indicate that a page or e-mail has been viewed), and similar technologies. Both session cookies (which expire once you close your web browser) and persistent cookies (which remain on your device, sometimes until you delete them) may be used. Some Automated Technologies may tell your browser to get third party content, such as customer reviews, from third parties.

 

We collect this information automatically through our Platforms for security and anti-fraud purposes (including protecting the integrity of the Platforms and our stores), to better understand and enhance user navigation on our Platforms, for marketing and analytics purposes (including allowing the selection of personalized ads or offers believed to appeal to you, based on your interests, preferences, location, or demographic information), and for internal operations and auditing. Additionally, Automated Technologies may be used to associate you with social networking sites (for example: Facebook, Twitter, TikTok, and Snapchat), and enable interaction between your activities on the Platforms and your activities on such social networking sites.

 

Visiting our stores: To help protect you and others, we monitor and record video and take photographs of the public areas of stores for security, anti-fraud, loss prevention, incident reporting, and other operations purposes. We may also use facial recognition services on the video and photographs to generate biometric information (e.g., face scans) for the above purposes and for legal and internal research purposes. We may also collect personal identifiers (such as IP Address and other unique device identifiers) and geo-location information of visitors' devices in and around our stores to monitor foot traffic to help us understand how shoppers move around our stores, identify what shoppers seem interested in, and improve the shopping experience.

 

Participating in our contests, giveaways, sweepstakes, or promotions, or participate in one of our surveys or other customer research: We collect the Personal Information (such as personal identifiers and responses) that you provide if you choose to participate in one of our contests, sweepstakes, promotions, surveys, or other customer research for the purposes of administering them. We will also use the Personal Information you provide to analyze and better understand how customers interact with our brands.

 

Product ratings and reviews: We collect the Personal Information through purchase and product review forms on the Platforms, such as personal identifiers (including your nickname, email address, and phone number), your personal characteristics (including biometric data, relationship status, and friend groups), and transaction information (including information about the product you purchased and your rating and review information). We use this information to display publicly on the Platforms and other locations (such as in stores, on television, and on social media pages). We also use the information to better understand your needs and preferences, enhance and personalize our product offerings to you, and improve the Platforms and our service and merchandise offerings.

 

Contacting customer service: We use the Personal Information (including personal identifiers, commercial transaction information, and financial information) you provide to us when you contact our Customer Service Department for the purposes of reviewing any questions, comments, suggestions, or complaints you raise and responding to you. Depending upon the nature of your communication, we may request additional Personal Information for the purposes of verifying your identify. We may record the audio information in customer service telephone calls for qualify purposes and to meet our legal obligations.

 

Loyalty program: If you choose to enroll or engage in our of our loyalty programs, we will use the Personal Information you provide to us, which includes personal identifiers (including zip code, email address, and phone number), personal characteristics (including birth date), and financial information, along with transaction information about the products and services you purchase from us for the purposes of administering the loyalty program including any points/rewards you earn or redeem through the programs.

 

Information we receive from others: We may obtain Personal Information from other sources and combine that with information we collect directly from you. For example, we may collect personal identifiers, transaction information, and personal characteristics (such as gender and birth date) from third parties to ensure we have up-to-date contact information for you, to detect fraud or theft, to facilitate your use of a third-party application or feature (such as one of our Facebook, Twitter, TikTok, or Snapchat applications or a similar application or feature on a third-party website), or from third-party analytics and advertising providers as further described below. We apply the applicable provisions of this Policy to such combined information, so long as it is combined.

 

Inferences from the information listed above: We will use the information listed above to draw inferences about your preferences (such as your preferred brands and styles) to help us provide you with personalized content and offers and help us develop and provide better merchandise, services, and events.

 

De-identified or aggregated information: We de-identify and/or aggregate data we receive and may use and disclose it for any business purpose.

 

  1. SHARING OF INFORMATION

 

Except as described in this Policy, we will not provide your Personal Information to third parties without your consent. We may, however, share aggregated, non-personal or de-identified information, which cannot reasonably be used to identify you, with third parties. We may also share any of your Personal Information (listed above) for our business and commercial purposes described below:

 

Service Providers Providing Services on Behalf: We may share your Personal Information with service providers that perform functions on our behalf or assist with our business operations, such as those that host or operate our Platforms, analyze data, and provide customer service; advertisers; or other service providers that participate in or administer our promotions, contests, sweepstakes, surveys or provide marketing or promotional assistance; and “powered by” partners who power product reviews on our products or services. These service providers may use the Personal Information only for the purposes of providing the services to you and us.

 

Third Parties/Trusted Partners Providing Services on Our Behalf: We may share your Personal Information with trusted partners that provide you and us with services, such as those that process transactions and payments, process gift card orders and use, facilitate and publish product ratings and reviews, perform anti-fraud services, and fulfill, ship, and deliver orders. In these situations, you are using and directing us to intentionally disclose Personal Information (including personal identifiers and financial information) so our merchandise and services can be provided to you.

 

Publicly: If you choose to participate in a product review or rating or rate a review as helpful or not helpful, the submissions may be published on the Platforms, in emails, on television, and on social media platforms. Published ratings and reviews may identify the author’s personal identifiers (such as nickname), personal characteristics, locale, and the content of the submissions. You consent to making this information available to the public.

 

Your Consent to Have Your Personal Information Shared: While utilizing our Platforms, you may have the opportunity to opt-in to receive information and/or marketing offers from someone else or to otherwise consent to the sharing of your information with a third party. If you agree to have your Personal Information shared, your Personal Information will be disclosed to the third party and the Personal Information you disclose will be subject to the privacy notice and business practices of that third party.

 

Business Transfers. We may share your Personal Information with other entities and their advisors in connection with an actual or potential bankruptcy, merger, acquisition, financing, reorganization or sale of company assets, or negotiation thereof.

 

Legal and Additional Disclosure: We may transfer and disclose your information to law enforcement, the courts, our advisors, attorneys, and others who participate in the legal process to comply with a legal obligation; when we believe in good faith that the law or a governmental authority requires it; to verify or enforce applicable policies; to detect and address fraud, security, or technical issues; to respond to an emergency; otherwise to protect the rights, property, or security of AEO or third parties, or as otherwise required or permitted by law.

 

  1. CHOICE AND ACCESS

 

Accessing/Updating/Deleting Your Personal Information: If you wish to access, modify, verify, correct, or delete any of your Personal Information collected through the Platforms, you may contact us using the contact information provided below. Alternatively, you may access, modify, verify, correct, or delete your registered user information through our Platforms. We may refuse requests that are unreasonably repetitive, require disproportionate technical efforts, risk the privacy of others, or are impractical. In accordance with our routine record keeping, we may delete certain records that contain Personal Information you have submitted through the Platforms or we have otherwise received. We are under no obligation to store such Personal Information indefinitely and disclaim any liability arising out of, or related to, the destruction of such Personal Information. It may not always be possible to completely remove or delete all of your information from our databases without some residual data remaining due to backups and other reasons. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements and obligations.

 

Selling: We do not currently and will not sell your Personal Information for monetary payments without your consent. You may have the right to opt out of our future selling of certain Personal Information for monetary payments. Please contact us through the contact form to make this request and include your state of residence when making such request.

 

  1. TARGETED ADVERTISING/ANALYTICS

We may use analytics and ad network providers to help analyze the usage of and present ads on the Platforms, third-party mobile applications, or other sites, as well as other service providers to provide analytics services. These entities may use cookies, web beacons, and other technologies to collect information about your use of our Platforms, such as personal identifiers (your IP address) and device characteristics (web browser, mobile network information) and usage activity (such as pages viewed, time spent on pages, links clicked, and conversion information). This information may be used by us and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content personalized to your interests, and better understand your online or offline activity. For example, you may see advertisements for Josh's on third party sites after you have visited Josh's website.

 

  1. SECURITY OF YOUR INFORMATION

We take industry-standard administrative, technical, and physical measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration, and destruction. 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.

 

  1. CONSENT TO PROCESSING AND TRANSFER OF INFORMATION

We are based in the United States, and the information we collect is governed by U.S. law. By accessing or using the Platforms, or otherwise providing information to us, you consent to the collection, processing, transfer, and storage of information about you in and to the United States and other applicable territories in which the privacy laws may not be as comprehensive as or equivalent to those in the country where you reside and/or are a citizen. Please use the contact information below if you have a question or complaint about the policies, practices, or manner in which we or our Vendors treat your Personal Information.

 

  1. LINKS TO THIRD PARTY WEBSITES.

The Platforms may contain links to third party websites and online services. This Policy does not apply to the practices of other websites and online services, and we are not responsible for the actions and privacy policies of the third parties that operate or interact with those other websites.

 

  1. CHANGES

We may update this Policy from time to time. If we make changes, we will notify you by revising the date at the top of the Notice and, in some cases of a material change to the Notice, we may provide you with additional notice (such as adding a statement to our homepage or sending you a notification). We encourage you to review this Notice whenever you interact with us to stay informed about our information practices and the ways you can help protect your privacy.

 

  1. CONTACT US

As it relates to questions you might have about this Policy or if you have a concern that we may have failed to adhere to this Policy, please contact us as follows:

 

Josh's Toys & Games

ATTN: Legal

110 Kendall Pond Road

Windham, NH 03087

legal@joshstoysandgames.com