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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:

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”).

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:/p>

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.

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.

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

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:

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.

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’ 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 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.

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
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

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’ 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