Privacy Policy
Updated: December 4, 2023
This Privacy Policy addresses the use of the thefirstyears.com Website or any associated website or mobile application (collectively, the “Sites”) 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 (referred to herein as “you”, “your”, or “yourself”) who completes the Account registration process on the Sites.
TOMY provides the web-based computer application through which the content and functionality available to you at the Sites 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 important to Us. We want you to be informed about the collection and use of your personally identifiable information that occurs during your use of the Sites and your TOMY Account.
We gather certain types of personally identifiable information about you through your use of the Sites and, if applicable, your TOMY Account. This Privacy Policy describes the information We gather and how We use it.
Information Collected and Tracked
We may collect “Personally Identifiable Information” from you through your use of the Sites and your TOMY Account. “Personally Identifiable Information” means individually identifiable information about an individual consumer that We collect online and that We maintain in an accessible form.
Optional Voluntary Information
There are occasions where We ask you to voluntarily submit Personally Identifiable Information about yourself through the Sites, such as your name, telephone number, street address, e-mail address, financial information, such as credit card numbers for use when purchasing Products, and shipping information if different from your street address. In addition, We request Personally Identifiable Information about you when you submit a recall request, submit a job application, and register as a TOMY Account holder.
Usage Tracking
We collect tracking information and monitor traffic patterns throughout the Sites; 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 Sites.
Third Party Information
In some cases, We may receive certain Personally Identifiable Information from you about a third party. If you submit any Personally Identifiable Information about another individual to Us, you are responsible for making sure that you have the authority to do so and to allow Us to use their Personally Identifiable Information in accordance with this Privacy Policy.
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 Sites, your TOMY Account, or web pages within the Sites. The cookies themselves do not contain Personally Identifiable Information about you, although they will enable Us to relate your use of the Sites or your TOMY Account to information that you have specifically and knowingly provided to Us. The only Personally Identifiable 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 Sites 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 and the functionality of the Sites may be diminished. You can find out more about cookies and how to manage them by visiting www.AboutCookies.org.
You can also opt out of cookies set by specific entities by following the instructions found at these links:
Google: https://adssettings.google.com
Facebook: https://www.facebook.com/about/ads
Microsoft: https://account.microsoft.com/privacy/ad-settings/
You can understand which entities have currently enabled cookies for your browser or mobile device and how to opt-out of some of those cookies by accessing the Network Advertising Initiative’s website or the Digital Advertising Alliance’s website. For more information on mobile specific opt-out choices, visit the Network Advertising Initiative’s Mobile Choices website.
Please note that these opt-out mechanisms are specific to the device or browser on which they are exercised. Therefore, you will need to opt out on every browser and device that you use.
We also use "pixel tags" (also called "web beacons" or "clear gifs"), which are tiny graphic images, on Our Sites and in Our emails. Pixel tags help us analyze Our customers' online behavior and measure the effectiveness of Our Sites and Our advertising. We work with service providers that help Us track, collect, and analyze this information.
Pixel tags on the Sites 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 Sites. 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.
Use of Information and Protection of Your Privacy
We use the Personally Identifiable Information We gather about you 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, process your Account registration, Product order, or Product recall, review your job application, provide support, enable you to participate in any message boards, participate in events or sweepstakes, contests and promotions, and 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 also may share your Personally Identifiable Information among Our brands and associated websites that comprise the Sites. 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 for their own direct marketing use. Also, We will not share your Personally Identifiable 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 such as fulfillment services, sweepstakes administration, technical support, and delivery services providers and give them access to your Personally Identifiable Information as part of the services they provide to Us. For example, We use Cybersource, a Visa solution, to process payments.
We use Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies or other tracking technologies to help Us analyze how users interact with the Site, compile reports on their activity, and provide other services related to their activity and usage. The technologies used by Google may collect information such as your IP address, time of visit, whether you are a returning visitor, and any referring website. The technologies used by Google Analytics do not gather information that personally identifies you. The information generated by Google Analytics will be transmitted to and stored by Google and will be subject to Google’s privacy policies. To learn more about Google’s partner services and to learn how to opt-out of tracking of analytics by Google, click here.
If you provide Personally Identifiable Information to Us through the Sites, We may combine such information with other information unless We specify otherwise at the point of collection. 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 Personally Identifiable Information only as necessary to perform their services for Us.
We may also disclose Personally Identifiable Information in connection with any legal proceedings or prospective legal proceedings; to establish, exercise, or defend Our legal rights; in response to any valid subpoenas or orders by any regulatory agency or court of applicable jurisdiction; to any person who We reasonably believe may apply to a court or other competent authority for disclosure of that Personally Identifiable Information where, in Our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that Personally Identifiable Information; in connection with the sale, assignment, or other transfer of the business of one or more of the Sites to which the Personally Identifiable 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; and for any other purposes for which We obtain your consent.
In addition, any collection, use or disclosure of persistent identifiers on the Sites is limited to purposes supporting internal operations of the Sites. Internal operations of the Sites may include contextual advertising, activities necessary for the Sites 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, 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 Sites.
Children
Consistent with the Federal Children’s Online Privacy Protection Act (COPPA), We do not 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.
Notice to Nevada Residents
Nevada law allows Nevada residents to opt-out of the sale of certain types of personal information. Subject to several exceptions, Nevada law defines “sale” to mean the exchange of certain types of personal information for monetary consideration to a person for the person to license or sell the information to additional persons. We do not currently sell personal information as defined in the Nevada law. However, if you are a Nevada resident, you still may submit a verified request to opt-out of sales and We will record your instructions and incorporate them in the future if Our policy changes. Opt-out requests may be sent to cs@tomy.com, by calling 1-800-704-8697 toll-free, or via the Contact Us form at us.tomy.com/contact-us.
Notice to California Residents
The California Consumer Privacy Act (CCPA) requires that We provide California residents with a privacy policy that contains a comprehensive description of Our online and offline practices regarding the collection, use, disclosure, and sale of personal information and of the rights of California residents regarding their personal information. This section of the Privacy Policy is intended solely for, and is applicable only as to, California residents. If you are not a California resident, this does not apply to you and you should not rely on it.
The CCPA defines “personal information” to mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California resident or household. Personal information does not include publicly available, deidentified or aggregated information. For purposes of this “Notice to California Residents” section, We will refer to this information as “Personal Information.”
The CCPA contains an exception that is relevant to Us. Some of the CCPA’s privacy rights explained below do not apply to personal information collected in a business-to-business context. That is information reflecting a written or verbal communication or a transaction between Us and a consumer, where the consumer is acting as an employee, owner, director, officer, or contractor of another entity and when the communication or transaction occur solely within the context of Us conducting due diligence regarding, or providing or receiving a product or service to or from such entity.
Right to Know About Personal Information Collected, Disclosed, or Sold
If you are a California resident, you have the right to request that We disclose what Personal Information We have collected about you in the 12-month period preceding your request. This right includes the right to request any or all of the following:
- Specific pieces of Personal Information that We have collected about you;
- Categories of Personal Information that We have collected about you;
- Categories of sources from which the Personal Information was collected;
- Categories of Personal Information that We sold (if applicable) or disclosed for a business purpose about you;
- Categories of third parties to whom the Personal Information was sold (if applicable) or disclosed for a business purpose; and
- The business or commercial purpose for collecting or, if applicable, selling Personal Information.
Collection of Personal Information
We currently collect and, in the 12 months prior to the last “updated” date of this Privacy Policy, have collected the following categories of Personal Information about California residents directly from them [and from advertising networks, internet service providers, government entities, operating systems and platforms, social networks, and data brokers]:
- Identifiers (name, alias, postal address, online identifier, internet protocol address, email address, account name, Social Security number, driver’s license number, passport number)
- Unique personal identifiers (device identifier; cookies, beacons, pixel tags, mobile ad identifiers, or other similar technology; customer number, unique pseudonym or user alias; telephone numbers, or other forms of persistent or probabilistic identifiers that can be used to identify a particular consumer or device)
- Telephone number
- Signature
- Physical characteristics or description
- Credit and debit card number
- Insurance policy number or subscriber identification number
- Any information in the consumer’s application and claims history, including appeals records, if information is linked or reasonably linkable to consumer or household, including via device, by business or service provider
- Internet or other electronic network activity information (browsing history; search history; and information regarding consumer’s interaction with website, application or advertisement)
- Geolocation data
- Commercial information (records of personal property, products or services purchased, obtained or considered; other purchasing or consuming histories or tendencies)
- Electronic, visual, or similar information
- Inferences drawn from above information to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes
- Auditing related to a current interaction with the consumer and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards
- Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity
- Debugging to identify and repair errors that impair existing intended functionality
- Short-term, transient use, provided that the personal information is not disclosed to another third party and is not used to build a profile about a consumer or otherwise alter an individual consumer’s experience outside the current interaction, including, but not limited to, the contextual customization of ads shown as part of the same interaction
- Performing services on behalf of the business or service provider, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing advertising or marketing services, providing analytic services, or providing similar services on behalf of the business or service provider
- Undertaking internal research for technological development and demonstration.
- Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by the business, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by the business
- Advancing a person’s commercial or economic interests, such as by inducing another person to buy, rent, lease, join, subscribe to, provide, or exchange products, goods, property, information, or services, or enabling or effecting, directly or indirectly, a commercial transaction
Disclosure of Personal Information
The following table identifies the categories of Personal Information that We disclosed for a business purpose to service providers or sold to third parties in the 12 months preceding the “last updated” date of this Privacy Policy and, for each category, the category of service providers or third parties to whom the Personal Information was sold or disclosed:
| Category of Personal Information | Category of Service Providers | Category of Third Parties |
|---|---|---|
| Name | Advertising agency; application platforms | |
| Postal address | Fulfillment provider | |
| IP address | Data analytics provider; application platforms | |
| Email address | Email marketing provider; advertising agency | |
| Account name | ||
| Cookies, beacons, pixel tags, mobile ad identifiers, or other similar technology; | Data analytics provider | |
| Device identifier, customer number, or unique pseudonym or user alias | Application platforms | |
| Telephone number | ||
| Browsing history; search history; and information regarding consumer’s interaction with website, application or advertisement | Data analytics provider; advertising agency | Advertising network |
| Geolocation data | Data analytics provider | |
| Records of products or services purchased, obtained or considered | Advertising agency | |
We do not knowingly collect or sell the Personal Information of minors under 16 years of age.
Right to Request Deletion of Personal Information
If you are a California resident, you have the right to request that We delete the Personal Information about you that We have collected. However, per the CCPA, We are not required to comply with a request to delete if it is necessary for Us to maintain the Personal Information in order to, for example, complete a transaction, detect security incidents, comply with a legal obligation, or otherwise use the Personal Information, internally, in a lawful manner that is compatible with the context in which you provided the information.
How to Submit a Request to Know or Delete
You may submit a request to know or delete by calling 1-800-704-8697 toll-free, emailing a request to cs@tomy.com, or via the Contact Us form at us.tomy.com/contact-us.
If you submit a request to delete online, you may be asked to confirm separately that you want your Personal Information deleted.
Our Process for Verifying a Request to Know or Delete
If We determine that your request is subject to an exemption or exception, We will notify you of Our determination. If We determine that your request is not subject to an exemption or exception, We will comply with your request upon verification of your identity and, to the extent applicable, the identity of the California resident on whose behalf you are making such request.
We will verify your identity either to a “reasonable degree of certainty” or a “reasonably high degree of certainty” depending on the sensitivity of the Personal Information and the risk of harm to you by unauthorized disclosure or deletion as applicable.
For requests to know categories of Personal Information and for requests to delete Personal Information that is not sensitive and does not pose a risk of harm by unauthorized deletion, We will verify your identity to a “reasonable degree of certainty” by verifying at least two data points that you previously provided to Us and which We have determined to be reliable for the purpose of verifying identities.
For requests to access specific pieces of Personal Information or for requests to delete Personal Information that is sensitive and poses a risk of harm by unauthorized deletion, We will verify your identity to a “reasonably high degree of certainty” by verifying at least three pieces of Personal Information previously provided to Us and which We have determined to be reliable for the purpose of verifying identities. In addition, you will be required to submit a signed declaration under penalty of perjury stating that you are the individual whose Personal Information is being requested.
Right to Opt-Out of the Sale of Personal Information
If you are a California resident, you have the right to direct Us to stop selling your Personal Information.
The CCPA defines “sell” to mean selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a California resident’s Personal Information to another business or a third party for monetary or other valuable consideration.
To opt-out of Our use of third-party advertising cookies, please see the section “Cookies and Pixel Tags” above. You may submit a request to opt-out of sales by calling 1-800-704-8697 toll-free, emailing cs@tomy.com, or via the Contact Us form at us.tomy.com/contact-us.
Right to Non-Discrimination for the Exercise of a California Resident’s Privacy Rights
We will not discriminate against California residents if they exercise any of the rights provided in the CCPA as described in this section “Notice to California Residents.” As such, We will not deny goods or services to that California resident; charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; provide a different level or quality of goods or services to the California resident; or suggest that the California resident will receive a different price or rate for goods or services or a different level or quality of goods or services. However, We are permitted to charge a California resident a different price or rate, or provide a different level or quality of goods or services, if that difference is reasonably related to the value provided to Us by the individual’s data.
Authorized Agents
If you are submitting a request on behalf of a California resident, please submit the request through one of the designated methods discussed above. After submitting the request, and if the request is not subject to an exemption or exception, We will require additional information to verify your authority to act on behalf of the California resident.
Shine the Light Law
California Civil Code Section 1798.83 permits customers of the brands and associated websites that comprise the Sites who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes (as those terms are defined in the statute). To make such a request, please direct your email or mail request as set forth in the “Contacting Us” section below.
“Do Not Track” Signals
Some internet browsers incorporate a “Do Not Track” feature that signals to websites you visit that you do not want to have your online activity tracked. Given that there is not a uniform way that browsers communicate the “Do Not Track” signal, the Sites do not currently interpret, respond to or alter their practices when they receive “Do Not Track” signals.
Security
We maintain commercially reasonable security measures to protect your Personally Identifiable Information we collect and store from loss, misuse, destruction, or unauthorized access. However, no data transmission over the Internet is 100% secure. We, therefore, cannot warrant or guarantee the security of any Personally Identifiable Information you transmit to Us online or be responsible for the theft, destruction, or inadvertent disclosure of that information.
Unsubscribe from Marketing Communications
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 Sites 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 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 Personally Identifiable Information to communicate with you for other purposes, such as orders, purchases, and customer service responses.
Links
Your TOMY Account or the Sites may contain links to other websites that are not under Our control. Except as stated below, this Privacy Policy applies solely to Personally Identifiable Information that is acquired by Us on the Sites. 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.
Changes to this Privacy Policy
From time to time, We may change 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. Please review this Privacy Policy periodically.
Accessibility
We are committed to ensuring this Privacy Policy is accessible to individuals with disabilities. If you wish to access this Privacy Policy in an alternative format, please contact Us as described below.
Contacting Us
If you have any questions, comments, requests, or concerns related to this Privacy Policy or the information practices of the Sites, please contact Us:
By email at consumer@tomy.com
By mail: TOMY International, Inc. Attention: Marketing Communications 2015 Spring Road, Suite 700 Oakbrook, IL 60523.