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Privacy Policy

Last Updated: February 1, 2018

1. Commitment to Privacy

The following privacy policy ( “Privacy Policy”) applies to the JAKKS Pacific® website (www.masteramillion.com), mobile site, applications, services, platforms, and tools where the Privacy Policy appears or is linked on the website (collectively, the “Site”). This Site is operated by JAKKS Pacific, 2951 28th St. Santa Monica, CA 90405. The terms “JAKKS Pacific”, “JAKKS”, “we”, “us”, and “our” refer to JAKKS Pacific and its parent, subsidiaries, affiliates, and licensors. JAKKS takes your privacy seriously and is committed to treating your personal information with care and respect. The Privacy Policy describes what information the Site gathers about you, how we use that information, and what steps we take to protect that information. The Site collects information about you to provide and improve our services, communicate offers that we believe will interest you, and administer our business. All information that JAKKS  collects from you online is provided by you voluntarily (except for the limited exceptions noted below in Section 6). We will not require you to submit more personal information than needed.

 

2. Our Privacy Policy

The Privacy Policy discusses the “personal information” that JAKKS  obtains from you on our Site. When we use the term “personal information” we are referring to information that identifies (whether directly or indirectly) a particular individual. This may include your e-mail address, shipping and billing address, birthday, telephone number, personal images, and other information connected to your name. Anonymous information means information that does not directly or indirectly identify, and cannot reasonably be used to identify, a particular individual.  When anonymous information is directly or indirectly associated with personal information, this anonymous information is also treated as personal information.

 

By using this Site, you consent to the terms of this Privacy Policy as well as our Terms and Conditions. If you do not agree with them, please do not use the website or make any purchases.

3. Third Party Sites

We may interact with you on third party websites that are not affiliated with us where we post content or invite your feedback, and/or direct you to third party websites via links. We have no control over, and assume no responsibility for, the content, accuracy, privacy policies, or practices of any those third party sites. This Privacy Policy does not apply to companies or websites that we do not own or control, or to the actions of people that we do not employ or manage. We do not warrant and to the fullest extent permitted by law, we will not have any liability or responsibility for any third party materials or websites, or for any other products, or services of third parties. To the fullest extent permitted by law, we are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.  

4. How Will I Know If The Privacy Policy Is Amended?

JAKKS reserves the right to amend or modify this Privacy Policy at any time at our sole discretion. JAKKS will provide notice to you if these changes are material and, where required by applicable law, we will obtain your consent. Notice may be sent by email to you at the last email address you provided us, by posting notice of such changes on our sites and applications, or by other means consistent with applicable law. Please check back periodically for up-to-date information about our privacy practices.

 

5. Why Does JAKKS Collect Information?

The Site collects information about you to provide and improve our services, communicate offers that we believe will interest you, and administer our business. Collecting this information allows us to complete your order efficiently, to notify you of your order status, providing a means for you to contact us with questions or comments, and for promotional purposes such as special offers and contests. We also collect personal information in detecting, investigating and preventing activities that may violate our policies or be illegal. 

 

We also collects information online in order to meet our legitimate business objectives, including but not limited to improving the design, manufacture, marketing, and distribution of its products, enhancing customer service, better meeting the demands of consumers for new products, and conducting internal marketing and demographic studies.

 

6. What Information Does JAKKS Collect?

We collect personal information from you when you submit that information to us voluntarily.

The following are examples of the personal information that we collect:

Activity

Examples of Personal Information Collected

Registering on our website

Name and email address

Purchasing on our website

Name, credit card number, billing address, shipping address, phone number, email address

Sweepstakes and contests

Name, email address and age

Product Availability Notifications

Name and email address

Submitting product reviews

Name, email address, birth day and month, nickname, personal images

We may also collect certain demographic information such as products you own or are interested in owning and information regarding your preferences for products.

 

In addition to the above, we may use the following technologies to automatically collect information about your activities on our website. We automatically receive and store certain types of information when you interact with our Site, our emails, and/or our online advertisements. This information helps us to make our Site work more efficiently, evaluate use of our Site, and support our website analytics and marketing campaigns. When you use our Site, we may collect your computer's Internet Protocol (“IP”) address (which we use to support of our internal operations) and information about your operating system, access times, browser type and language, country, and the URL of the website you visited before navigating to our Site. If you access our Site via a mobile device, we may also collect your device make and model, mobile carrier, operating system version, language to which your device is set, mobile web browser type and version, the country in which you are using your device, and non-personal analytics and statistical data regarding use of the Site.

 

Here are some of the types of information we may automatically receive:

 

You may disable cookies on your computer by indicating this in your browser’s preferences or options menus. Disabling cookies may prohibit you from enjoying certain aspects or features of the services provided on the Site.

 

7. What Kind of Information Is Collected When I Access The Website Through My Phone?

When you visit our website on your phone, we may receive information about your location and your mobile deceive. This information may include the type of mobile device you use, the temporary or persistent unique device identifier (UDID) placed by us or our services providers, the unique identifiers assigned by us to your device, the IP address of your device, your mobile operating system, the type of mobile web browser you use and data from the way you use our mobile website. Your device should require you to provide permission before our mobile website obtains location information from technologies like GPS, Wi-Fi, and/or cell towers. We and our service providers may use this information along with other information submitted by you. We may also collect your device make and model, mobile carrier, operating system version, language to which your device is set, mobile web browser type and version, the country in which you are using your device, and non-personal analytics and statistical data regarding use of the Site (e.g., downloads, number of users, sessions, frequency of use, retention, territories, and in-game events).

 

Most mobile devices allow users to disable location services by using controls located in the device’s settings menu. If you have questions about how to disable your device’s location services, please contact your mobile service carrier or your device manufacturer.

 

8. Are You Under 13? Get Parental Consent!

This Site is intended for use by individuals 13 years of age or older. We do not intentionally collect any personal information from children under the age of 13. If you are under the age of 13, you can look at our websites, but you should not make a purchase, register, or submit personal information to us without prior parental consent. If you are the parent or guardian of a child under the age of 13, this Site may collect your email address from your child so JAKKS may use it to attain your verifiable consent for your child to register for this Site. If you believe your child has provided personal information to our Site that you would like us to delete, please contact us at legal@jakks.net. Parents can also refuse to permit us to collect further personal information from or pertaining to their child.

9. How Is Personal Information Used By JAKKS?

We primarily use the personal information that we collect to provide you with products, information, and services. Collecting this information allows us to complete your order efficiently, to notify you of your order status, respond to any questions/comments, to provide aggregated reports to third parties, and for promotional purposes such as notifying you of new products. All personal information will be used in conformity with this Privacy Policy. You must create an account to post a product review or make a purchase on our Site. When you create an account with us, you may receive future discounts, gifts and JAKKS emails. You can also sign up for our email list by providing your email address through our Site. We may also use your personal information for other legitimate business purposes, including to detect and prevent fraud, to collect amounts owing to us and to maintain business records.

10. Who Does JAKKS Share This Information With?

We may share your personal information in the following circumstances:

 

These entities are asked to maintain the confidentiality, security, and integrity of the personal information they have obtained from JAKKS .

 

We may share de-identified information (i.e., information that is not directly connected to your name) in the following circumstances in addition to those identified above:

 

Some browsers have a ‘do not track’ feature that allows you to tell websites that you do not want your online activities tracked. These features are not yet uniform, so our Site is not currently designed to respond to those signals.

11. How Does JAKKS Protect Your Information?

We realize that our customers trust us to protect their personal information. We take that task seriously and maintain reasonable and appropriate physical, electronic and procedural safeguards to help protect your personal information. We only collect personal information to the extent necessary to serve our legitimate business purposes. While we strive to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third party hackers from illegally obtaining this information.

 

We work to protect your personal information and credit card details when you make purchases from our Site. We use Secure Sockets Layer (SSL) technology – the industry standard – to encrypt the personal information and credit card detail you provide during the order process.

 

We urge you to protect your own privacy. We recommend that you do not share your personal information or Account information with anyone or in any unsolicited phone call or email.

 

12. What Are My Choices Regarding My Personal Information?

You have the following choices with how your information is used:

Activity

What you need to do

Updating or Correcting The Personal Information Relating to Your Account

You can update or correct your name, email address, security questions, and other preferences by logging into your account and clicking on the “My Account” page or contacting us at _____________________

Receiving newsletter and promotional emails

You can click on the “unsubscribe” link at the bottom of any promotional email that you receive. You can also edit your email preferences on your “My Account” page. Please contact us at ___________________ to opt out of promotions, updates and/or special offers. Please allow sufficient time for your request to be processed.

Interest Based Advertising

You can opt out of some but not all online behavioral based advertising by visiting http://optout.networkadvertising.org/#!/#completed or by using your browser settings to block cookies or notify you when a cookie is set.

Remove content from user review

You can remove content that you posted on a JAKKS  public space by emailing details to __________________. We will endeavor to honor your request to remove information from Sites we control, however, our removal of your information does not completely erase that information from the internet. For example, historical copies, or “caches”, may remain.

All information that we collect online is provided voluntarily (except for the limited exceptions noted above in Section 6). Accordingly, if you do not wish to disclose personal information, then you are not required to do so. However, failure to disclose such information may prohibit you from enjoying certain aspects or features of our services.

 

13. How To Opt Out of JAKKS Communications

 

Please be aware that even if you opt out of receiving marketing communications from us, we may still contact you for transactional purposes. For example, we may contact you for order fulfillment purposes, customer service purposes, or product recalls.

 

14. California Privacy Rights

If you are a California resident and a JAKKS  customer, you have the right to request information from us once per calendar year regarding the customer information we share with third parties for their direct marketing purposes. To request this information, please send an email to legal@jakks.net with 'Request for California Privacy Information' in the subject line and in the body of your message. We will provide the requested information to you via an email response.

 

If you are a California resident under 18 years old and a registered user of the Site, you can request that we remove content or information that you have posted to our Site. Fulfillment of the request may not ensure complete or comprehensive removal (e.g., if the content or information has been reposted by another user). To request removal of content or information, please contact us at legal@jakks.net or call us at 1-877-875-2557.

 

15. Contact Us

If you have any questions about the Privacy Policy or you would like to request access to or correction of your personal information, you can contact us by mail at 2951 28th St. Santa Monica, CA 90405, by e-mail at legal@jakks.net, or by calling us at 1-877-875-2557.

 

Your right to access or correct your personal information is subject to applicable legal restrictions. We may take reasonable steps to verify your identity before granting access or making corrections. If we need, or are required, to contact you concerning any event that involves your personal information we may do so by e-mail, telephone, or mail. Any personal information you provide to us as part of any question or complaint will not be used to send you promotional materials or for any other purpose other than to respond to your inquiry or complaint, unless you so request.

16. Severability

In the event that any provision of the Privacy Policy is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from the Privacy Policy, such determination shall not affect the validity and enforceability of any other remaining provisions. We have the ability to modify or restrict an unenforceable, non-valid provision to the extent and in the manner necessary to render it valid, legal and enforceable.

 

17. Choice of Law, Arbitration, Jury, and Class Actions

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

 

IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:

 

TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND JAKKS  AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE AND THE INTERACTIVE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 

Choice of Law/Arbitration: California law governs this Privacy Policy, regardless of conflicts of laws principles.  If a dispute arises, the parties hereby agree to (a) resolve all disputes by binding arbitration in Los Angeles, California before a single arbitrator from Judicial Arbitration and Mediation Services and (b) waive any right to a trial by judge or jury.  Notwithstanding the foregoing, all claims alleging violation of intellectual property rights shall be subject to the exclusive jurisdiction in Los Angeles of either California state courts or the US District Court.  Before accepting appointment, the arbitrator shall agree: (a) that the arbitrator’s award shall be made within nine (9) months of the filing of a notice of intention (or demand) to arbitrate (but it may be extended by written agreement of the parties; (b) to base any decision or award on governing law; (c) to not award punitive or other damages that are not measured by the prevailing party’s actual damages, excepts as may be required by statute; and (d) to issue an written award within ten (10) days of concluding the presentation of evidence and briefs.  Judgment may be entered in any court having jurisdiction.  The prevailing party shall recover from the other party its costs and expenses, including reasonable attorney’s fees.

 

YOU MAY WANT TO CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.

 

OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing us at legal@jakks.net and providing the requested information as follows: (1) Your Name; (2) the URL of the Terms; (3) Your Address; (4) Your Phone Number; (5) and a clear statement that you wish to opt out of this arbitration provision in the Terms. The opt-out notice must be emailed no later than 30 days after the date you first accept the Terms by using the website. You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid.

 

NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.