PRIVACY POLICY

Privacy Policy

Last Updated on 15 May 2024

This Privacy Policy describes how Mighty Jaxx of America LLC and our affiliates (collectively, “Mighty Jaxx,” “we,” or “us”) collect, use, disclose, and otherwise process information about you. This Privacy Policy applies to information we collect when you access or use our websites, mobile applications, and other online products and services that link to this policy (collectively, our “Services”), or when you otherwise interact with us, such as in our stores, through our customer support channels, or on social media. We may provide different or additional notices of our privacy practices for certain products, services, or activities, in which case those notices will supplement or replace the disclosures in this Privacy Policy.

We may change this Privacy Policy from time to time at our sole and absolute discretion. If we make changes, we will notify you by revising the date at the top of this policy. We encourage you to review this Privacy Policy regularly to stay informed about our information practices and the choices available to you.

CONTENTS

Collection of Information

Use of Information

Targeted Advertising and Analytics

Disclosures of Information

Your Privacy Rights and Choices

Children’s Privacy

Additional Information for Individuals Residing in Certain States

Contact Us

COLLECTION OF INFORMATION

The information we collect about you depends on how you interact with us or use our Services. In this section, we describe the categories of information we collect and the sources of this information.

Information You Provide to Us

We collect information you provide directly to us. For example, we collect information directly from you when you create an account, make a purchase, communicate with us on social media, participate in our loyalty program or surveys, request customer support, or otherwise communicate with us. The types of information that we collect include your name, email address, postal address, phone number, gender, and any other information you choose to provide. If you make a purchase from us, we work with a third-party payment processor to collect and process your payment information.

Information We Collect Automatically

We automatically collect certain information about your interactions with us or our Services, including:

Transactional Information: When you make a purchase or return, we collect information about the transaction, such as product details, purchase price, and the date and location of the transaction.

Device and Usage Information: We collect information about how you access our Services, including data about the device and network you use, such as your hardware model, operating system version, mobile network, IP address, unique device identifiers, browser type, and app version. We also collect information about your activity on our Services, such as access times, pages viewed, links clicked, items you place in your cart, and the page you visited before navigating to our Services.

Audio and Video Recordings, Photos, and Chat Content: If you contact customer service through our chat feature or by phone, we may monitor and retain those conversations, including for training purposes. In addition, if you choose to participate in any of our user testing interviews or experiences, we may capture audio or video recordings of these experiences in order to improve our Services.

Information Collected by Cookies and Similar Tracking Technologies: We use tracking technologies, such as cookies, pixels, and SDKs to collect information about your interactions with the Services. These technologies help us improve our Services and your experience, see which areas and features of our Services are popular, and count visits. For more information about the cookies and other tracking technologies we use, and the choices available to you, see the Cookies and Similar Tracking Technologies section below.

Information We Collect from Other Sources

We obtain information from other sources. For example, if you purchase our products from one of our retail partners, we may receive information about the transaction, such as product details and your contact information. We may also collect information about you from other users if they choose to disclose that information with us via the Services, such as if they purchase gifts for you.

Information We Derive

We may derive information or draw inferences about you based on the information we collect. For example, we may make inferences about your location based on your IP address and infer that you are looking to purchase certain products based on your browsing behavior and past purchases.

USE OF INFORMATION

We use the categories of information we collect to provide the Mighty Jaxx products and services you request and to provide customer support. We also use the information we collect to:

Provide, maintain, and improve our products and services;

Facilitate and improve your in-store and online shopping experience;

Personalize your experience with us;

Send you technical notices, security alerts, support messages, and other transactional or relationship messages;

Communicate with you about products, services, and events offered by Mighty Jaxx and others and provide news and information that we think will interest you (see the Communications Preferences section below for information about how to opt out of these communications at any time);

Provide and administer our loyalty program;

Monitor and analyze trends, usage, and activities in connection with our products and services;

Conduct surveys and user testing interviews and experiences;

Target advertisements to you on third-party platforms and websites (for more information and to opt out of having your information used in this way, see the Targeted Advertising and Analytics section below);

Facilitate contests, sweepstakes, and promotions and process and deliver entries and rewards;

Detect, investigate, and help prevent security incidents and other malicious, deceptive, fraudulent, or illegal activity and help protect the rights and property of Mighty Jaxx and others;

Comply with our legal and financial obligations;

Carry out internal operations that are reasonable in the context of your relationship with us;

Create de-identified, anonymized, or aggregated information; and

Carry out any other purpose described to you at the time the information was collected.

TARGETED ADVERTISING AND ANALYTICS

We engage others to provide analytics, serve advertisements, and perform related services for us across the web and in mobile apps. These entities may use cookies, web beacons, SDKs, device identifiers, and other technologies to collect information about your use of our Services and other websites and mobile apps, including your IP address, web browser, mobile network information, pages viewed, time spent on pages or in mobile apps, links clicked, and conversion information. This information is used to deliver advertisements targeted to your interests on other companies’ sites or mobile apps and to analyze and track data, determine the popularity of certain content, and better understand your online activity. You can also learn more about interest-based ads or opt out of having your web browsing information used for behavioral advertising purposes by companies that participate in the Digital Advertising Alliance by visiting www.aboutads.info/choices if you reside in the United States.

In addition to cookie-based ad targeting, we may disclose identifiers, like email addresses and phone numbers, to some of our advertising providers. These advertising providers translate that information into a unique identifier that can then be used to show ads that are more relevant to you across the web and in mobile apps.

Depending on where you reside, you may have additional choices available to you with respect to practices described in this section, which are set out below in the Opting Out of Targeted Advertising, Sharing, and Sales section below.

DISCLOSURES OF INFORMATION

In certain circumstances, we disclose (or permit others to directly collect) information about you. We disclose the categories of personal information described above in the Collection of Information section in the following ways:

We disclose personal information to vendors, service providers, contractors and consultants that need this information to provide services to us, such as companies that assist us with shipping and delivery, payment processing, web hosting, fraud prevention, marketing and advertising, analytics, customer service, surveys and market research, and gift card administration.

If you choose to use integrations we offer on our Services, we provide certain information to the integration partners.

We disclose personal information if we believe that disclosure is in accordance with, or required by, any applicable law or legal process, including lawful requests by public authorities to meet national security or law enforcement requirements.

We disclose personal information if we believe that your actions are inconsistent with our user agreements or policies, if we believe that you have violated the law, or if we believe it is necessary to protect the rights, property, and safety of Mighty Jaxx, our users, the public, or others.

We disclose personal information to our lawyers and other professional advisors where necessary to obtain advice or otherwise protect and manage our business interests.

We disclose personal information in connection with, or during negotiations of certain corporate transactions, including the merger, sale of company assets, financing, or acquisition of all or a portion of our business by another company.

Personal information is disclosed between and among Mighty Jaxx and our parents, affiliates, subsidiaries, and other companies under common control and ownership.

We disclose personal information when we have your consent or you direct us to do so.

We also disclose aggregated or de-identified information that cannot reasonably be used to identify you. Mighty Jaxx processes, maintains, and uses this information only in a de-identified fashion and will not attempt to re-identify such information, except as permitted by law.

YOUR PRIVACY rights and CHOICES

Account Information

You can access, modify, and delete certain information stored within your online account by logging into your account at any time.

Cookies and Similar Tracking Technologies

Mighty Jaxx uses cookies and similar tracking technologies to analyze visits to our websites and interactions with our communications to help us improve our Services and marketing campaigns. Most web browsers are set to accept cookies by default. If you prefer, you can usually adjust your browser settings to remove or reject browser cookies. Please follow your browser’s instructions to do so. Note that removing or rejecting cookies could affect the availability and functionality of our Services.

Communications Preferences

You may opt out of receiving text messages or promotional emails from us by following the instructions in those communications or by managing your notification preferences in your account settings menu. If you opt out, we may still send you non-promotional emails, such as those about your account or our ongoing business relations.

Mobile Push Notifications

With your permission, we may send push notifications to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device.

Opting Out of Targeted Advertising, Sharing, and Sales

Some of the activities described in the Targeted Advertising and Analytics section above may be considered “sales” or “sharing” of your personal information or use of your information for “targeted advertising” under the law that applies to you.

You can opt out of cookie-based ad targeting by clicking [Manage Settings].If you are a resident of California, you can also opt out by visiting our website with a legally-recognized opt-out preference signal enabled, such as the Global Privacy Control. You will need to renew your opt-out choice if you visit our website from a new device or browser or if you clear your cookies because your opt-out choice will be linked to your browser only.

In addition to cookie-based ad targeting, we disclose information to third parties as further described in the Targeted Advertising and Analytics section above, which may constitute “sales” or “sharing” of your personal information. You can opt out of having your information disclosed to these third parties by emailing us at help@mightyjaxx.com.

Access, Correction, and Deletion

You have the right to (1) request to know more about and access your personal information, including in a portable format, (2) request deletion of your personal information, and (3) request correction of inaccurate personal information. To request access, correction, or deletion of your personal information, please email us at help@mightyjaxx.com. You can also access, correct, or delete certain information stored within your online account by logging into your account and editing your profile.

We will verify your request by asking you to provide information related to your recent interactions with us, such as providing an order confirmation number.

Nondiscrimination

We will not discriminate against you for exercising your privacy rights.

Authorized Agents

If you reside in California, Colorado, or Connecticut, you can designate an authorized agent to submit a privacy rights request on your behalf. We may ask authorized agents to submit proof of their authorization to make the request, such as a valid power of attorney or proof that they have signed permission from the individual who is the subject of the request. In some cases, we may contact the individual who is the subject of the request to verify his or her own identity or confirm the authorized agent has permission to submit the request. Authorized agents can submit rights requests by emailing us at help@mightyjaxx.com.

Appeals

If we deny your request, you may to appeal our decision by contacting us at help@mightyjaxx.com. If you have concerns about the result of an appeal, you may contact the attorney general in the state where you reside.

CHILDREN’S PRIVACY

We do not knowingly collect personal information from children through our Services. If you have any reason to believe that a child has provided personal information to us via the Services, please contact us and we will endeavor to delete that personal information from our databases.

ADDITIONAL INFORMATION FOR CUSTOMERS RESIDING IN CERTAIN U.S STATES

Certain U.S. states, including California, Colorado, Connecticut, Utah, and Virginia, have enacted consumer privacy laws that grant their residents certain rights and require additional disclosures (“State Laws”). If you are a resident of one of these states, this section applies to you.

Additional Disclosures

This Privacy Policy explains how we collect, use, and disclose information about you, as well as our targeted advertising and analytics practices. As required by certain State Laws, we use the table below to explain this same information, including the categories of personal information we collect (and have collected over the preceding 12 months), types of entities to which we disclose such information, and the ways we use each category of information.

Collection, Use, and Disclosure of Personal Information for Business Purposes

Category of Personal Information

Categories of Recipients

Uses of Personal Information

Identifiers

Our affiliated companies, advertising and marketing providers, social networks, payment processors, order and fulfilment providers, events and promotions providers, customer support providers, user testing and analytics providers, and fraud prevention providers

Provide, maintain, and improve our products and services;

Facilitate and improve your in-store and online shopping experience;

Personalize your experience with us;

Send you technical notices, security alerts, support messages, and other transactional or relationship messages;

Communicate with you about products, services, and events offered by Mighty Jaxx and others and provide news and information that we think will interest you;

Provide and administer our loyalty program;

Monitor and analyze trends, usage, and activities in connection with our products and services;

Conduct surveys and user testing interviews and experiences;

Target advertisements to you on third-party platforms and websites;

Facilitate contests, sweepstakes, and promotions and process and deliver entries and rewards;

Detect, investigate, and help prevent security incidents and other malicious, deceptive, fraudulent, or illegal activity and help protect the rights and property of Mighty Jaxx and others;

Comply with our legal and financial obligations;

Carry out internal operations that are reasonable in the context of your relationship with us;

Create de-identified, anonymized, or aggregated information; and

Carry out any other purpose described to you at the time the information was collected.

Commercial information

Our affiliated companies, research and data analytics providers, payment processors, order and fulfilment providers, customer support providers, and fraud prevention providers

Characteristics of protected classifications under California or federal law

Our affiliated companies, and research and data analytics providers

Internet or other electronic network activity information

Our affiliated companies, advertising and marketing providers, fraud prevention providers, and research and data analytics providers

Inferences

Our affiliated companies, advertising and marketing providers, research and data analytics providers, and customer support providers

Audio and visual information

Fraud detection and security providers, user testing and analytics providers, and customer support providers

Personal Information that we 'Share," "Sell," or Use for "Targeted Advertising"

We disclose the following categories of personal information to third parties to engage in targeted advertising and other marketing activities, including to expand the reach and effectiveness of our own marketing campaigns. These disclosures may be considered “sales” or “sharing” or use of personal information for “targeted advertising” under certain State Laws and you have the right to opt out of having your personal information used or disclosed for these purposes (see Opting Out of Targeted Advertising, Sharing, and Sales above for details).

Categories of Personal Information “Shared,” “Sold,” or used for “Targeted Advertising”

Categories of Recipients

Identifiers

Advertising and marketing providers, and social networks

Internet and electronic network activity information

Advertising and marketing providers

Inferences

Advertising and marketing providers

Other Details about our Information Practices

We collect personal information directly from you (for example, when you place an order from our website or make a purchase at one of our stores), automatically when you access or use our Services or shop in our stores, and from third-party sources such as retail partners, each described in more detail in the Collection of Personal Information section above.

We do not knowingly collect, sell, or share personal information about consumers under the age of 16.

We generally do not collect information that is considered “sensitive” under State Laws. In the limited circumstances that we do, such as collection of your account username and password, which is designated as “sensitive” under the California Consumer Privacy Act, we do not use or disclose sensitive personal information for the purpose of inferring characteristics about you.

We store personal information associated with your account for as long as your account remains active. If you close your account, we will delete your account data within 90 days, otherwise we will delete your account data after a period of inactivity. We store other personal information for as long as necessary to carry out the purposes for which we originally collected it and for other business purposes explained in this Privacy Policy.

Notice of Financial Incentives

We provide discounts, coupons, or other benefits to customers who join our loyalty program or participate in our surveys or user testing interviews or experiences. These offerings may constitute “financial incentives” or “bona fide loyalty programs” under certain state privacy laws (for simplicity, we refer to these collectively as “financial incentives”). If you participate in a financial incentive, we collect personal information from you, such as identifiers (like your email address) and commercial information (like your purchase preferences and interests or purchase history). We disclose this information to our service providers, contractors, and consultants who perform services on our behalf.

You can opt into a financial incentive by following the sign-up or participation instructions provided and you can opt-out at any time by following the unsubscribe instructions in the applicable program’s terms and conditions, promotional emails, or text messages, or contacting us at help@mightyjaxx.com. If you request that we delete any of your personal information that is essential to providing you with the financial incentive, we will not be able to provide you with the benefits of that program (e.g., if you ask us to delete your email address, we will no longer be able to provide you with early access to other benefits). In some cases, we may provide additional terms and conditions for a financial incentive, which we will provide to you when you sign up. The value of your personal information is reasonably related to the value of the offer or discount presented to you.

CONTACT US

If you have any questions about this Privacy Policy, please contact us at help@mightyjaxx.com.