Privacy Notice

Last Modified: July 16, 2024

Aylo USA Incorporated (hereinafter “we”, “us” or “our”) operates the website www.brazzerstoys.com (hereinafter the “Website”) and is the controller of the information collected or provided via the Website.

Please read this Privacy Notice carefully, as your access to and use of our Website signifies that you have read, understand, and agree to all terms within the Notice. If you do not agree with any part of this Privacy Notice or any of our other applicable Terms of Service, please do not access or continue to use the Website or otherwise submit your personal data.

If you have any questions about our privacy-related practices, please see the section “Contact Information” below for information on how to contact us.

Scope

For the purposes of this Privacy Notice, “process”, “processed” or “processing” mean any operation or set of operations performed on personal data or on sets of personal data (excluding disclosure thereof), whether by automated means, including one or several of the following operations: collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, alignment or combination, restriction, erasure, or destruction. Information on disclosure of personal data or of sets of personal data may be found in the section “Disclosure of Your Personal Information” below.

This Privacy Notice applies to information we process:

on the Website; and
on your communications with the Website via email or otherwise;

This Privacy Notice describes how your personal information is collected, used, and shared when you visit or make a purchase from the Website.

This Privacy Notice does not apply to us on any other website operated by us or any third party (including our affiliates and subsidiaries), including through any application that may link to or be accessible from or on this Website. Clicking on those links may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements.

Minors

The Website is not intended for individuals under the age of 18 years old, or for users under the age of majority or legal consent in the jurisdiction and/or state and/or province in which their live or reside in.

Categories of Personal Information We Collect

When you visit the Website, we automatically collect certain information about your device, including information about your web browser, IP address, and time zone. Additionally, as you browse the Website, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Website, and information about how you interact with the Website. We refer to this automatically collected information as “Website Information”.

Additionally, when you make a purchase or attempt to make a purchase through the Website, we collect certain information from you, including your name, country, phone number, billing address, shipping address, payment information, email address, and phone number. We refer to this information as “Order Information”.

Any reference to “Personal Information” in this Privacy Notice also includes Website Information, Device Information and Order Information and the following information. We process different kinds of personal data about you, which we have grouped together, as follows:

Contact Data includes email address, telephone number, shipping address, billing address, reviews, survey responses, purchases or orders history, and any other information you provide when you contact us.
Transactional data: if you make a purchase, we collect payment card details such as, name on card, expiry date, and related information necessary to process your payment. We also collect details about payments to and from you and details of products you have purchased.
Website Activity Data: we collect information about how you use our Website, products you interact with, including the pages you visit in our Website and search history. We also collect online identifiers, for instance, we collect internet protocol (IP) address information, the source of your access to our Website (e.g. the website or URL (link) which referred you to our Website), browser version, operating system and your time zone setting. We set cookies as explained below in the section on “Cookies and Automatic Data Collection Technologies”.
Online forms and communications data: We process Contact data and other information that you submit through online forms provided on the Website for orders, shipping etc. or information sent to us via email, such as information provided in the context of support requests, exchanges and returns or any other inquiries, and our internal complaint handling system.
User-Submitted Personal Information: we collect information you submit in order to personalize your shopping experience or for a specific function, preferences, feedback, survey responses, your preferences in receiving marketing emails from us and our third parties, and your communication preferences, as well as any other information which you voluntarily provide to us at your direction for a specific function.

How We Use Your Personal Information and Our Legal Basis for Processing Under EU (Privacy Law)

In general, we use information that we collect about you or that you provide to us for following purposes:

Order fulfillment: We use the Order Information that we collect generally to fulfill any orders placed through the Website (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations) in line with our contractual obligation to you.
Customer management: We use Contact data and transactional data to manage your orders, respond to enquiries and delivery, exchanges, returns and refund. To communicate to you about your purchases, and notices about changes to our Website or any products or services we offer or provide through it as is necessary for our legitimate interest.
Marketing purposes: to communicate with you about products or services that may be of interest to you either from us, our affiliates or other third parties. For more information, see the section “Choices About How We Collect, Use and Disclose Your Personal Information” herein;
Analytics: to monitor aggregate metrics such as total number of visitors, pages viewed, demographic patterns; as it is necessary for our legitimate interest.
Functionality and security: We use Website Information to diagnose or fix technology problems, and to detect, prevent, and respond to actual or potential fraud, illegal activities, or intellectual property infringement;
Compliance: to enforce our Terms of Service and to comply with our legal obligations.

Notice at Collection

The California Consumer Privacy Act requires that we notify users of the Personal Information we collect for consumers who reside in California at or before the time of collection, the categories of Personal Information that may be collected and the purpose for which the categories of Personal Information will be used.

Categories of Personal Info.	Examples	Purpose of Use
Contact data, Transactional data, and communications you send us	Name, email address, telephone number, payment details	Respond to enquiries and provide customer support
Contact data, Transactional data	Name, email address, shipping address, payment details	Order fulfillment, we use this information to fulfill orders you place through our Website
Contact data	email address, interest, and preferences	Marketing purposes
Website Information	IP address, Device Information, browser information	Website Information, Screen orders for potential risk or fraud and prevent unauthorized access to our website by detecting unusual or suspicious activity
Website activity data	IP address, Website activity and history, email address	Website activity data, Optimization of our Website by generating analytics about how you browse and interact with the Website, and to assess the success of our marketing and advertising campaigns

Disclosure of Your Personal Information

Where we deem it necessary, we disclose Personal Information:

Within our Corporate Group: we may disclose any or all of the categories of Personal Information to members of our corporate group (including affiliates and related entities) to the extent this is necessary for our purposes listed in the sections above.
Service Providers: we disclose the categories of Personal Information we collect to our authorized service providers that perform certain services on our behalf. These services may include software and e-commerce services, payment processing and fulfilling orders, risk and fraud detection and mitigation, customer service, marketing and advertising, customization of content, analytics, security, or hosting our Websites or supporting our Websites’ functionality. These service providers may have access to Personal Information needed to perform their functions but are not permitted to share or use such information for any other purposes.
Legal Successors: we may disclose all of the categories of Personal Information we collect to a buyer or other successor in the event of a merger, acquisition or sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding.
To Comply with the law or Protect our Rights or the Rights of Third Parties: we access, preserve and share your Personal Information with regulators, law enforcement or others where we reasonably believe such disclosure is needed to (a) satisfy any applicable law, regulation, legal process, or governmental request, (b) enforce applicable terms & conditions, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address illegal or suspected illegal activities, security or technical issues, (d) protect against harm to the rights, property or safety of our company, our users, our employees, or others; or (e) to maintain and protect the security and integrity of our Websites or infrastructure.

Your Choices About How We Collect, Use and Disclose Personal Information

We strive to provide you with choices regarding the Personal Information you provide to us.

You have the option to choose if you like to receive communications from us by submitting your email for our newsletter via the subscribe panel at the bottom of our Website or to get notified when a product is back in stock or when we release new products. You can also opt out from marketing emails via the link at the bottom of the marketing email.
You can choose not to provide some Personal Information to us but that may result in us not being able to fulfil certain features like order fulfilment, participate in a survey, or initiate other transactions on our website.
You may opt out of the double-click a cookie or of Google Analytics by visiting the Google advertising opt-out page or by downloading and installing the browser plug-in available at Google Analytics opt-out page.
You may opt out of interest-based advertising on mobile devices by activating the “Limit Ad Tracking” or equivalent feature offered by your mobile platform. It will transmit a signal to us and to third parties that indicates your data should not be used for interest-based advertising.

Your Rights

Under California, Utah, Virginia, Connecticut, Colorado laws, you have certain rights and choices:

Right to Correct information that is incorrect about you.
Right to Opt-out of sale and sharing of information. You have the right to opt-out of the sale and sharing of your Personal Information.
Right to Access/Know what information they have about you. You can request what categories and specific information we have about you, how it was obtained, the purpose the data is used for, whom the data is shared with and what data is shared. This request can be made twice a year.
Right to Request Deletion of any of your Personal Information we processed from you and retained, subject to certain exceptions set forth in the CCPA.
Opt out of processing Personal Information for targeted advertising.

The California Consumer Privacy Act (“CCPA”) provides you certain rights in relation to your personal Information:

Right to Limit the use and disclosure of information.
Right to Equal treatment and Non-Discrimination for the exercise of your rights. We will not discriminate against you because you have exercised any of your rights under the CCPA.

We disclose certain categories of California residents’ Personal Information for our business purposes, as described in the section above titled “Disclosure of Your Personal Information”.

Resident’s Rights – Jurisdictions in the United States, Where Applicable

We do not sell, trade, or exchange your Personal Information with anyone for money.

Authorized Agents: If you reside in California, Colorado, or Connecticut, you have the right to authorize another individual (an “authorized agent”) to submit a privacy rights request on your behalf by executing a notarized power of attorney to have that person act on your behalf and providing that person with the information that allows us to verify your identity and locate your information. Alternatively, you will need to directly confirm your identity with us, sign an authorization for the agent to act on your behalf and provide us with confirmation that you have done so.

Canadian, European Union (EU), and UK Privacy Law: Subject to privacy law(s) where you reside, you have certain rights regarding the Personal Information we collect, use, or disclose and that is related to you, including the right:

Right to Access: to receive information on the Personal Information we hold about you and how such Personal Information is used;
Right to data rectification: to correct inaccurate Personal Information concerning you;
Right to be forgotten: to delete/erase your Personal Information (right to deletion;
Right to data portability: to receive the Personal Information provided by you in a structured, commonly used, and machine-readable format and to transmit the Personal Information to another data controller;
Right to object: to object to the use of your Personal Information where such use is based on our legitimate interests or on public interests;
Right to restriction of processing: in some cases, to restrict our use of your Personal Information and
Right to withdrawal of consent: to withdraw your consent at any time where our processing is based on consent.
Right to lodge a complaint with your local data protection authority.

If you would like to exercise these rights, please contact us by e-mail at support@brazzertoys.com

You can designate an agent to make a request by executing a notarized power of attorney to have that person act on your behalf and providing that person with the information that allows us to verify your identity and locate your information. Alternatively, you will need to directly confirm your identity with us, sign an authorization for the agent to act on your behalf and provide us with confirmation that you have done so.

Cookies and Automatic Data Collection

As you navigate through and interact with the Website, we use automatic data collection technologies to collect Website activity data. We use cookies, which are small text files that are stored in your web browser or downloaded to your device when you visit a website (including this Website). We currently use the following types of cookies, which are set by the Website’s domain(s), or by other domains we own or control:

Essential Cookies: These cookies are necessary for the website to function and cannot be switched off in our systems. These include, for example, cookies that enable a user to log in to our Website and to check if a user is allowed access to a particular service or content.
Functionality Cookies: these cookies help us personalize and enhance your online experience on our Website. This type of cookie allows us to recognize you when you return to our Website and to remember, for example, your choice of language.
Analytics Cookies: these cookies allow us to recognize and count the number of users and to see how users use and explore our Website. These cookies help us to improve our Website, for example by ensuring that all users can find what they are looking for easily.
Targeting cookies: these cookies record visits of a user on our Websites, the pages a user visits and the links a user follows to enable us to make our Website more relevant to the user’s interests.

Cookies can either be session or persistent cookies. A session cookie expires automatically when you close your browser, but a persistent cookie will remain until it expires, or until you delete your cookies. Expiration dates are set in the cookies themselves; some may expire after a few minutes while others may expire after multiple year.

Where applicable, you can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of the Website may then be inaccessible or not function properly. However, if you decline to accept cookies, some functionality on our Website may be disabled and you may be unable to access certain parts of our Website.

Use of Google Analytics

We use Google as a service provider to collect and analyze information about how users use the Website, including by collecting website activity data through first-party cookies set by our domains, and third-party cookies set by Google. Because we activated IP anonymization for Google Analytics, Google will anonymize the last octet of a particular IP address and will not store your full IP address. Google will use the information only for the purpose of providing Google Analytics services to us and will not use this information for other purposes.

The information collected by Google Analytics may be transmitted to and stored by Google on servers in the United States pursuant to standard contractual clauses approved by the EU and the adequacy decision of the EU Commission C (2023) 4745 confirming an adequate level of data protection in the US under the EU-US Data Privacy Framework and applicable national extensions (for example the UK Extension to the EU-US Data Privacy Framework). You can learn more on how Google uses data here, and you can opt-out of Google Analytics by visiting the Google Analytics opt-out page or by accepting only necessary cookies.

Do not track. Please note that we do not alter our Website’s data collection and use practices when we see a Do Not Track signal from your browser.

Sensitive Personal Information Disclosure

Due to the nature of the products, we offer on our Website, we may process sensitive Personal Information (known as special category data) about you from your order history. Where we collect such information, we will only process the minimum necessary for the specified purpose and where necessary, your consent for such information will be obtained. Under CCPA, we do not use or disclose sensitive Personal Information for any purpose not expressly permitted by the CCPA.

Data Transfer

We are based in the US, and most of the information processed about you will be stored in the US. Where the laws of your country allow you to do so, by using the Website, you consent to the transfer of information that we collect about you, including personal information, to other countries in which we, members of our corporate group (including affiliates and related entities) or our service providers are located. We will ensure that the information is transferred in accordance with the applicable laws.

Data Retention

Where we no longer need to process Personal Information for the purposes set out in this Privacy Notice, we will delete your Personal Information from our systems. To determine the appropriate retention period for personal data, we consider a number of factors, including what Personal Information is being processed, the risk of harm from any unauthorized disclosure of the same, why we are processing that Personal Information, and whether we can achieve this outcome by another means without having to process it. Where permissible, we will also delete your Personal Information upon your request to do so, and as explained in “Your Rights” section of the Privacy Notice.

Changes to our Privacy Notice

We may modify or revise our Privacy Notice from time to time. If we modify our Privacy Notice, the date of change will be reflected in the “Last modified” date hereinabove mentioned. Please periodically review the most up-to-date version of our Privacy Notice, so you are aware of any changes.

Contact Information

For more information about this Privacy Notice or our privacy practices, if you have questions, or if you would like to make a request, please contact us by e-mail at support@brazzerstoys.com.

You may also contact us at:

Aylo USA Inc.
610 Brazos Street
Suite 500
Austin, Texas 78701 USA