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1. Overview

Purpose

This Global Privacy Policy (“Privacy Policy”) is incorporated by reference into the First Act Terms and Conditions. First Act, LLC and its operating divisions, subsidiaries, affiliates and branches (collectively, “First Act,” the “Company,” “we” or “us”) are sensitive to privacy issues, and it is important to us to protect the information provided to us. Accordingly, First Act 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 how you can correct or change such information (“Privacy Policy”).

Scope

This Privacy Policy applies to Personal Information that is Processed by First Act in the course of our business, including on First Act 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 First Act, the “Services”). All individuals whose responsibilities include the Processing of Personal Information on behalf of First Act 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 First Act 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, Jaz Toys HK Limited (“Jaz Toys HK”), First Act, LLC (“First Act”), Jazwares Entertainment, LLC (“Jazwares Entertainment”), Zag Toys, LLC (“Zag Toys”) and any additional U.S. or international subsidiary, affiliate or branch of First Act that we may subsequently form.

2. 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 First Act and the requirements of applicable law. Some of the ways First Act may collect Personal Information include:

  • You may provide Personal Information directly to First Act 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 below.

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

First Act 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 First Act, 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 First Act 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. You will also be asked 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 First Act 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.
  • 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 First Act 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 First Act, we may collect information from these Third-Party services.

2.2. How First Act Uses Your Information

We acquire, hold, use and Process Personal Information about Individuals for a variety of business purposes including to:

  • To Provide Products, Services, or Information Requested. First Act 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 First Act Services;
    • Allow you to register for events.
  • Administrative Purposes. First Act may use Personal Information about you for its administrative purposes, including to:
    • Measure interest in and improve First Act’s Services;
    • Develop new ideas, products, content, processes and Services;
    • Ensure internal quality control;
    • Verify Individual identity;
    • Communicate about Individual account and activities on First Act’s Services and systems, and, in First Act’s discretion, changes to any First Act’s 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;
    • Comply with regulatory requirements, including collecting and using information relating to adverse effects you have experienced when using our products;
    • Prevent potentially prohibited or illegal activities;
    • Enforce our Terms of Use as set forth on the Sites.
  • Marketing First Act Products and Services. First Act may use Personal Information to provide you with materials about offers, products, and Services that may be of interest, including new content or Services. First Act 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. First Act 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, First Act 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 First Act 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.
  • Mobile Devices. First Act may provide websites and online resources that are specifically designed to be compatible and used on mobile devices. First Act 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 First Act’s 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, First Act 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 First Act to enable Individuals to access user accounts and to enable First Act to track use of these tools. Some of these tools may enable users to email reports and other information from the tool. First Act 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 First Act provides.

  • Anonymous and Aggregated Information. First Act 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 First Act 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. Anonymized or aggregated information is not Personal Information, and First Act 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 First Act 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 First Act 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. First Act 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. First Act’s Sites may offer various tools and functionality. For example, First Act 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 First Act or any other Third Parties for any other purpose.
  • Other Uses. First Act 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. Cookies, Pixel Tags/Web Beacons, and Analytics Information

We, as well as Third Parties that provide content, advertising, or other functionality on our Services, may use cookies, pixel tags, local storage, and other technologies to automatically collect information through the Services.

  • Cookies. Cookies are small text files placed in visitors’ computer browsers to store their preferences. Most browsers allow you to block and delete cookies. However, if you do that, the Site may not work properly.
  • Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded on the Site that collects information about users’ engagement on that web page. The use of a pixel allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement.
  • Social Media Widgets: Our Website includes social media features such as the Facebook “Like” button and LinkedIn (that might include widgets such as the share this button or other interactive mini-programs). These features may collect your IP address, which page you are visiting on our Site, and may set a cookie to enable the feature to function properly. These social media features are either hosted by a Third Party or hosted directly on our Website. Your interactions with these features are governed by the privacy policy of the company providing it.
  • Analytics. We may also use Google Analytics and Google Analytics Demographics and Interest Reporting to collect information regarding visitor behavior and visitor demographics on some of our Services, and to develop website content. This analytics data is not tied to any Personal Information. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/. You can opt out of Google’s collection and Processing of data generated by your use of the Services by going to http://tools.google.com/dlpage/gaoptout.

Our uses of such technologies fall into the following general categories:

  • Operationally Necessary. We may use cookies, web beacons, or other similar technologies that are necessary to the operation of our Sites, services, applications, and tools. This includes technologies that allow you access to our Sites, services, applications, and tools; that are required to identify irregular site behaviour, prevent fraudulent activity and improve security; or that allow you to make use of our functions such as shopping-carts, saved search, or similar functions;
  • Performance Related. We may use cookies, web beacons, or other similar technologies to assess the performance of our Sites, applications, services, and tools, including as part of our analytic practices to help us understand how our visitors use our Sites, determine if you have interacted with our messaging, determine whether you have viewed an item or link, or to improve our website content, applications, services, or tools;
  • Functionality Related. We may use cookies, web beacons, or other similar technologies that allow us to offer you enhanced functionality when accessing or using our Sites, services, applications, or tools. This may include identifying you when you sign into our Sites or keeping track of your specified preferences, interests, or past items viewed so that we may enhance the presentation of content on our Sites;
  • Advertising or Targeting Related. We may use first-party or third-party cookies and web beacons to deliver content, including ads relevant to your interests, on our Sites or on third party sites. This includes using technologies to understand the usefulness to you of the advertisements and content that has been delivered to you, such as whether you have clicked on an advertisement.

If you would like to opt-out of the Technologies we employ on our Sites, services, applications, or tools, you may do so by blocking, deleting, or disabling them as your browser or device permits.

2.4. 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 First Act 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.

2.5. Human Resources Data

First Act 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. Onward Transfer – First Act 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. First Act 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. First Act 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. First Act 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 First Act’. First Act 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 First Act 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, First Act 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-First Act 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 First Act policies or contracts; (v) to collect amounts owed to First Act; (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, First Act will endeavour to direct the transferee to use Personal Information in a manner that is consistent with the Privacy Policy in effect at the time such Personal Information was collected.

3.2. Data Transfers

All Personal Information sent or collected via or by First Act 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. By providing information to First Act, you consent to the storage of your Personal Information in these locations.

4. 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 First Act’s 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 First Act 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 Privacy 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 First Act receives in connection with the employment relationship, First Act will use such Personal Information only for employment-related purposes as more fully described above. If First Act intends to use this Personal Information for any other purpose, First Act 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.

4.5. Cookies and Interest-Based Advertising

As noted above, you may stop or restrict the placement of cookies on your computer or remove them from your browser by adjusting your web browser preferences. Please note that cookie-based opt-outs are not effective on mobile applications. However, on many mobile devices, application users may opt out of certain mobile ads via their device settings.

The online advertising industry also provides websites from which you may opt-out of receiving targeted ads from our data partners and our other advertising partners that participate in self-regulatory programs. You can access these, and also learn more about targeted advertising and consumer choice and privacy, at www.networkadvertising.org/managing/opt_out.asp, or http://www.youronlinechoices.eu/ and www.aboutads.info/choices/. You can also choose not to be included in Google Analytics here.

To be clear, whether you are using our opt-out or an online industry opt-out, these cookie-based opt-outs must be performed on each device and browser that you wish to have opted-out. For example, if you have opted-out on your computer browser, that opt-out will not be effective on your mobile device. You must separately opt-out on each device. Advertisements on Third-Party websites that contain the AdChoices link and that link to this Privacy Policy may have been directed to you based on anonymous, non-Personal Information collected by advertising partners over time and across websites. These advertisements provide a mechanism to opt-out of the advertising partners’ use of this information for interest-based advertising purposes.

5. Rights of Access, Rectification, Erasure, and Restriction

You may inquire as to whether First Act 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 privacy@jazwares.com or use any of the methods set out in this Privacy Policy to request access to, receive (port), restrict Processing, seek rectification, or request erasure of Personal Information held about you by First Act. Such requests will be processed in line with local laws.

Although First Act makes good faith efforts to provide Individuals with access to their Personal Information, there may be circumstances in which First Act 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 First Act 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, First Act will take commercially reasonable steps to verify your identity before granting access to or making any changes to your Personal Information.

6. Security

We take steps to ensure that your information is treated securely 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. Retention

First Act 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. Children’s Privacy

To comply with COPPA,

Jazwares and First Act asks all users who wish to provide Personal Information to www.jazwares.com or www.firstact.com for their birthdate. If a user indicates that they are under 13 years of age (and in certain jurisdictions under the age of 16), parental consent must be obtained before they can provide Jazwares and First Act with Personal Information. Jazwares and First Act may collect and store Personal Information about children under 13 (and in certain jurisdictions under the age of 16) (“Children” or a “Child”) if it is submitted in connection with the parent’s verifiable consent. If a child under the age of 13 (and in certain jurisdictions under the age of 16) wants to provide Personal Information on the Jazwares and/or First Act Sites, his or her parent must email privacy@jazwares.com and the parent will be contacted and asked to return by email a verifiable consent form signed by both the parent and the minor child.

If given verifiable permission from a parent, Jazwares and First Act may collect and store the following types of Personal Information about a child under 13: name (and in certain jurisdictions under the age of 16), email address, mailing address, parent’s or guardian’s name, and parent’s or guardian’s email address. Jazwares and First Act may also collect demographic information about a Child such as the Child’s date of birth, gender, and other preferences; and, combine such information with the Child’s Personal Information.

Jazwings asks all users who wish to provide Personal Information and register as a member or a creator for their birthdate. Parents of children under the age of 16: Please note that while children under the age of 16 may freely look at all of the exciting ideas and products on this Site, we do not seek to collect, nor knowingly collect any information from any child under the age of 16. Accordingly, we do not allow children under the age of 16 to register as a member or allow them to vote, post comments or submit ideas. If we learn that a child under age 16 has provided us with personal information, we will close the member’s account and delete the child’s personal information (except as may be necessary for legal compliance). Creators must be 18 or older: If your child is under the age of 18 and has an idea that they would like to submit, please contact privacy@jazwings.com and we will work with you to create your own account in order to submit the idea on your child’s behalf.

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 registration information may be used to: (a) allow participation in activities on our Site (e.g., contests) and (b) allow us to communicate with the Child regarding promotional materials, including information about new products, contests, features and enhancements, special offers, and other events of interest. 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 and First Act might collect information from Children under age 13 without verifiable parental consent in the following special situations as outlined in COPPA:
  • Jazwares and First Act may collect an email address to respond to a one-time request from a Child. After responding to the request, Jazwares and First Act will delete the email address.
  • Jazwares and First Act may collect email addresses of parents or Children in order to provide notice and seek consent for the Child’s submission of information.
  • Jazwares and First Act may collect an email address for an ongoing request by a Child, for example a subscription to a newsletter, but Jazwares and First Act will provide notice to parents about the ongoing communication and will provide parents with the opportunity to stop the communication before delivering the second communication.
  • Jazwares and First Act may collect information necessary to protect the safety of the Child who is participating on the site. Jazwares and First Act will notify parents of this collection and allow them the opportunity to prevent further use of the information.
  • Jazwares and First Act may collect information as required by law enforcement or to protect the security of the Site but will not use the information for any further purpose.

9. 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 First Act or the Services will be in accordance with the Terms of Use as stated on the Sites.

If you are visiting from the European Union 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. By providing your Personal Information, you consent to any transfer and processing in accordance with this Privacy Policy.

10. Redress/Compliance and Accountability

If after reviewing this Privacy Policy, you would like to submit a request, or 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 privacy@jazwares.com or contact us at:

Jazwares, LLC
First Act, LLC
1067 Shotgun Road
Sunrise, FL 33326
Attention Privacy Director
privacy@jazwares.com

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
privacyde@jazwares.com

The contact details of the Jazwares GmbH Data Protection Officer are:
Mr. Tino Kuprat
Moog & Partner Steuerberatungsgesellschaft mbH
Holzhofallee 15A
64295 Darmstadt
Deutschland
Datenschutz@Jazwares.com

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
privacyuk@jazwares.com

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

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: info@jazwares.com
Jazwings Customer Support: support@jazwings.com
First Act Customer Support: info@firstact.com
Jazwares GmbH Customer Support: Information@jazwares.com
Jazwares GmbH End Consumer Service Requests: customerserviceDE@jazwares.com
Jaz Toys UK Customer Support: customerserviceuk@jazwares.com

11. Other Rights and Important Information

11.1. 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 Privacy Policy, First Act 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, First Act will endeavour to comply with the law or contract.

11.2. California Privacy Rights

California law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the Third Parties to whom we have disclosed their Personal Information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of Personal Information disclosed to those parties. First Act only shares Personal Information with Third Parties for their own marketing purposes as described herein or as you may consent.

11.3. Compliance

This Privacy Policy shall be implemented by First Act and all its operating divisions, subsidiaries and affiliates. First Act 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.

12. Definitions

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

“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.

“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-residents that is classified as a “Special Category of Personal Data” under EU 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, First Act or First Act’s agents.

13. Superseded Documents

Title (Effective Date)
First Act Privacy Policy (Effective: May 25, 2018)



14. Change Log

Document all modifications to this Privacy Policy in DESCENDING order (most recent to oldest), and include when Policy was initially released and expired.

Date
Rev
Change Made
Reason