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Privacy Policy

Use of the ERTL.com Website (the “Site”) operated by TOMY International, Inc. (referred to herein as “TOMY”, “We”, “Our”, or “Us”) and the creation and use of a TOMY Account by a person (collectively referred to as “you”, “your”, “yourself”, “I”, or “me”) who completes the Account registration process on the Site is subject to the following Privacy Policy. This Privacy Policy governs your use of the Site and your TOMY Account. The Privacy Policy describes TOMY’s the use of personally identifiable information about you that TOMY gathers at the Site and through your Account.

TOMY provides the web based computer application through which the content and functionality available to you at the Site and at your TOMY Account is delivered, and which enables you to order TOMY products (“Products”) through your Account. Your privacy on the Internet is of the utmost importance to Us. We want to make your use of your TOMY Account or the Site, as defined below, both satisfying and safe.

Because We gather certain types of information about TOMY Account holders, you should fully understand the terms and conditions surrounding the capture and use of that information. This Privacy Policy discloses the information We gather and how We use it.



INFORMATION COLLECTED AND TRACKED

In general, when you visit the Site, you remain anonymous until such time as you become an Account Holder by completing the Account registration process at the Site.

  • Optional Voluntary Information
  • There are occasions where We ask you to voluntarily submit information about Yourself, such as Your name, telephone number, street address, e-mail address, year and month in which your child was born, estimated due date (year and month) of a current pregnancy, financial information, such as credit card accounts for use when purchasing Products, and shipping information if different from your street address. For example, We request identifying information about you when you register as a TOMY Account holder, and We may do so when you use or manage your TOMY Account to enable Us to better understand your needs, adjust your TOMY Account to your personal preferences, enhance your ability to search for and arrange for the delivery of Site content and Products to you through your TOMY Account, enable You to participate in any message boards and contests promoted at the Site, send you e-mail and postal mail newsletters and announcements, including that you have won a sweepstakes, contest or promotion, support our marketing and research activities, and for other similar business purposes. We give you the opportunity, however, to elect not to receive further communications from Us.

  • Usage Tracking
  • We collect tracking information and monitor traffic patterns throughout the Site; however, we do not correlate this information with data about individual users unless you have registered as a TOMY Account holder. We do break down overall usage statistics according to a user’s domain name, browser type, and internet protocol address by reading this information from the browser string (information contained in every Internet user’s browser). This information allows Us to better tailor Our content to Our Account holders’ needs and preferences and those of other users of the Site.

  • Cookies and Pixel Tags
  • We, or third party service providers engaged by Us, may place text files called “cookies” in the browser files of Your computer to track your usage of the Site, your TOMY Account, or web pages within the Site. The cookies themselves do not contain personal information about you, although they will enable Us to relate your use of the TOMY Site or your TOMY Account to information that you have specifically and knowingly provided to Us. The only personal information cookies can contain is information you supply yourself. Cookies cannot read data on your hard disk or read cookie files created by other sites. We use cookies to track user traffic patterns (as described above). We may also use cookies when you register for your TOMY Account. In these situations, a cookie will store useful information that enables the TOMY Site or your TOMY Account to remember you when you return to your TOMY Account
    You can refuse cookies by turning them off in your browser. If you have set your browser to warn you before accepting cookies, you will receive the warning message with each cookie. Please refer to your browser instructions for information regarding erasing, blocking, and receiving warnings for cookies. You should understand, however, that if you prevent Us from placing cookies on your computer, your use of your TOMY Account may be less efficient.
    We also use "pixel tags" (also called "web beacons" or "clear gifs"), which are tiny graphic images, on Our Site and in Our emails. Pixel tags help us analyze Our customers' online behavior and measure the effectiveness of Our Site and Our advertising. We work with service providers that help us track, collect, and analyze this information.
    Pixel tags on this Site may be used to collect information about your visit, including the pages you view, the features you use, the links you click, and other actions you take in connection with the Site. This information may include your computer's Internet protocol (IP) address, your browser type, your operating system, date and time information, and other technical information about your computer.

  • Other Data Collection
  • We may collect data from or about you in other ways not specifically described in this Policy. For example, you might contact Us with a question. We maintain such data like other business records. All opinions, ideas, suggestions, and other feedback submitted through your TOMY Account or the Site may be used by Us, without any restriction and free of charge, including your name as the source of such content, and nothing contained in this policy shall limit or otherwise affect TOMY’s rights in this regard.


    We may also collect non-personally identifiable information such as the type of internet browser or the type of computer operating system you are using, and the domain name of the website from which you linked into your TOMY Account, the Site, or to an advertisement appearing on such Sites.


    Please note that we will fully cooperate with any court order or other legal process and will provide your personal information to the extent required in any legal proceeding.



USE OF INFORMATION AND PROTECTION OF YOUR PRIVACY

As mentioned above, We gather and use personal information about you when you register as a TOMY Account holder and We track your usage and management of your TOMY Account and use of the Site to better understand your needs, adjust your TOMY Account to your personal preferences, enable you to search for and order Our Products through your TOMY Account, enable you to participate in any message boards, participate in sweepstakes, contests and promotions, and send you e-mail and postal mail newsletters and announcements, and for other similar business purposes. We also share your personal information among our brands and associated websites that comprise the Site. We do not, however, in the regular course of Our business disclose or sell mailing lists containing personally identifiable information about you to any outside parties. Also, We will not share your personal information with any outside parties without your permission, unless such disclosure is necessary to comply with applicable law or valid legal process or to protect the personal safety or property of Our users, employees, independent contractors or the public.


We may use third party contractors who can access Our databases for the purpose of conducting repairs or upgrades to Our computer system. We may also use third party service providers and give access to your personal information as part of the services they provide to Us. If you provide personal information to us through this Site, we may combine such information with other information unless we specify otherwise at the point of collection.


We also may disclose personal information you provide via this Site to third parties, but only: to service providers we use to support our business (such as fulfillment services, sweepstakes administration, technical support, and delivery services), who agree to treat it in accordance with this Privacy Policy. We hold all such third parties to the same privacy standards to which We hold Ourselves. We require these third parties to use and disclose your personal information only as necessary to perform their services for Us. We may also disclose personal information in connection with the sale, assignment, or other transfer of the business of this Site to which the information relates, and will require any such buyer to agree to treat it in accordance with this Privacy Policy and use it only for the same permitted purposes.


We also may disclose personal information you provide via this Site to third parties, but only: to service providers we use to support our business (such as fulfillment services, sweepstakes administration, technical support, and delivery services), who agree to treat it in accordance with this Privacy Policy. We hold all such third parties to the same privacy standards to which We hold Ourselves. We require these third parties to use and disclose your personal information only as necessary to perform their services for Us. We may also disclose personal information in connection with the sale, assignment, or other transfer of the business of this Site to which the information relates, and will require any such buyer to agree to treat it in accordance with this Privacy Policy and use it only for the same permitted purposes.


In addition, any collection, use or disclosure of persistent identifiers on the Site is limited to purposes supporting internal operations of the Site. Internal operations of the Site may include contextual advertising, activities necessary for the Site to maintain or analyze its functioning; performing network communications; authenticating users or personalizing content; capping the frequency of advertising; protecting the security or integrity of the user, Web site, or online service; and/or ensuring legal or regulatory compliance. Persistent identifiers are not used or disclosed to contact a specific individual, including through behavioral advertising or to amass a profile on a specific individual. We also require our advertising service partners to comply with these advertising guidelines. Advertising partners are not permitted to "retarget" advertising to you on other sites after visiting the Site.



CHILDREN

Consistent with the Federal Children’s Online Privacy Protection Act (COPPA), We will never knowingly request personally identifiable information from anyone under the age of thirteen (13) years. If We discover that a child under the age of thirteen (13) has provided Us with any personally identifiable information, We will delete that information from Our systems. We ask that parents supervise their children while online. To the extent that the Site could attract children under the age of thirteen (13) as one of its audiences, even though they are not a primary audience, we have employed an age screen to direct child visitors to content that does not involve the collection, use, or disclosure of personal information. For example, children under the age of thirteen (13) are not permitted to enter an email address on the Site.



YOUR CALIFORNIA PRIVACY RIGHTS

California Civil Code Section 1798.83 permits customers of the brands and associated websites that comprise the Site who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please direct your email or mail request to the contact information set forth below.



SECURITY

We operate secure data networks protected by industry standard security protocols, such as (if and where appropriate) firewalls, encryption, and password protection systems. Our security and privacy policies are periodically reviewed and enhanced as necessary, and only authorized individuals have access to the information provided by Our users. When you enter your personal information to the TOMY Shop portion of Our Site, we use Secure Sockets Layer (SSL) technology to protect your information as it is transmitted to us. To make sure that you are accessing Our secure server before you submit personal information though the TOMY Shop, look at the lower left hand corner of your browser. If you see an unbroken key or a closed lock (depending upon your browser), then SSL is active. Once we receive your transmission, we will take reasonable precautions to keep your information secure on Our systems. While we strive to protect your privacy, no data transmission over the internet can be guaranteed to be 100% secure. We, therefore, cannot warrant or guarantee the security of any personal information you transmit to us online or be responsible for the theft, destruction, or inadvertent disclosure of that information.



UNSUBSCRIBE / OPT-OUT POLICY

If you have opted-in to receive promotional materials from us, we may use your email address and other contact information provided to us through the Site to send you these communications. If you do not want to receive such promotional information, you can change your communication preferences and remove yourself from our email list at any time by changing the settings of your communication preferences by accessing the Update My Preferences page or by following the unsubscribe links on any promotional materials sent to you. Please also note that even if you opt out of receiving promotional emails from us, we may still use your information to communicate with you for other purposes, such as orders, purchases, and customer service responses.



LINKS

Your TOMY Account or the Site may contain links to other websites that are not under our control. We are not responsible for the content or privacy practices of those sites, and We provide the links solely for the convenience and information of Our users and Account holders.



INTERNATIONAL USERS

If you are located outside of the United States, please note that this Site is hosted on Our computer servers in the United States. Any personal information collected through this Site may be transferred to the United States and other countries that might not provide an equivalent level of protection as the data protection laws in your home country. Your use of this Site or submission of any personal information will therefore constitute your consent to the transfer of your personal information outside of your home country.



YOUR CONSENT

By using your TOMY Account or the Site, you consent to the collection and use by Us of the information about you in the manner described in this Privacy Policy. If We decide to change our Privacy Policy, We will post those changes on this page so you are always aware of what information We collect, how We use it, and under what circumstances We disclose it.



CONTACTING US

If you have any questions, comments, requests, or concerns related to this Privacy Policy or the information practices of this Site, please contact us:


By email at consumer@tomy.com


By mail: TOMY International, Inc. Attention: Marketing Communications 2015 Spring Road, Suite 400 Oakbrook, IL 60523.


This Policy was last updated on October, 14, 2016.