Privacy policy

Effective Date: April 1, 2015

Welcome to the RadioFlyer.com website, including FlyerTM, which is owned and operated by Radio Flyer, Inc. (“Radio Flyer” or “we”). This Privacy Policy applies to the RadioFlyer.com website as well as any and all other websites, mobile sites, mobile apps, widgets, and online and mobile services including FlyerTM, that we may offer to the general public from time to time (collectively, the “Radio Flyer Services”).

The privacy of our users is important to us. We know you care how information about you is used and shared, and we appreciate your trust that we will use such information about you carefully and sensibly. This Privacy Policy describes how we collect, use and disclose information about users of the Radio Flyer Services. This Privacy Policy is an integral part of the legal contract between you and Radio Flyer concerning your use of the Radio Flyer Services. This Privacy Policy also constitutes part of the terms and conditions that govern your participation in a Radio Flyer promotion (such as a contest or sweepstakes, a customer loyalty/rewards program, etc.) (a “Radio Flyer Promotion”). BY USING ANY OF THE RADIO FLYER SERVICES OR PARTICIPATING IN A RADIO FLYER PROMOTION, YOU ACCEPT AND AGREE TO BE BOUND BY THIS PRIVACY POLICY.

1. NOTICE TO CALIFORNIA RESIDENTS – YOUR CALIFORNIA PRIVACY RIGHTS

Under California Civil Code Section 1798.83 (known as the “shine the light” law), California residents have a right to request an information-sharing disclosure from a business to which they have provided personal information and which has disclosed the information to any third party for third-party direct marketing uses in the prior calendar year. A business may comply with this law by (i) publishing and implementing a policy that provides California residents with the choice to opt out of the sharing of their personal information for third-party direct marketing uses and (ii) informing California residents, upon receipt of their requests for an information-sharing disclosure under this law, on how to exercise their choice to opt out.

PLEASE NOTE: Beginning April 1, 2015, we may share customer purchase transaction information collected after March 31, 2015, for third-party direct marketing uses. However, we will not share or save your credit card information. To learn more about such information sharing and how you can opt out, please see Section 5 (Sharing of Information with Third Parties) and Section 6 (Information Access and Choice) of this Privacy Policy.California residents may send requests for information-sharing disclosure under this law to us via email at customerservice@radioflyer.com. Please note that, under this law, we are not required to respond to your request more than once in a calendar year, nor are we required to respond to any requests that are not sent to the above-designated email address.

Do Not Track Disclosure: We do not currently respond to “Do Not Track” signals of web browsers. However, should the industry establish uniform technological standards for recognizing and implementing “Do Not Track” signals, we would be open to following such industry standards.

2. SPECIAL NOTICE FOR PARENTS

The RadioFlyer.com website and all other Radio Flyer Services are intended for the general audience and are designed to showcase Radio Flyer products and to provide an online platform for our customers to purchase Radio Flyer products and to share comments, product reviews, stories, photos, etc. about their experiences with Radio Flyer products. The RadioFlyer.com website and other Radio Flyer Services are not directed or targeted to children under the age of 13. Radio Flyer does not knowingly collect personal information from children under the age of 13. If we discover or receive notice that any personal information we have received is provided by an underage child, we will promptly delete such information from our database. We urge parents and legal guardians to spend time online with their children and to participate in and monitor the online activities of their children.

Many areas of the Radio Flyer Services are accessible without the need for users to provide personal information to us. However, certain features do require users to submit personal information to us, such as creating an account, making a purchase, signing up for the Birthday Club, registering a product, submitting a photo, product review, story, profile, etc. for posting on the Radio Flyer Services, submitting a request or inquiry to us, entering a Radio Flyer Promotion, etc. (each, an “Identification Activity”). For those features, we have implemented an age gate in order to prevent the collection of personal information from underage users.

NOTE: Radio Flyer will only collect a child’s personally identifiable information if it is voluntarily submitted to us by the child’s parent or legal guardian. For example, to the extent a parent or legal guardian submits to us his/her child’s name, gender, birthday, photo, etc. on the Radio Flyer Services, we collect such information.

Some areas of the Radio Flyer Services allow you to post information for public viewing, such as posting a photo, comments to a blog, or a product review. Parents and legal guardians are advised to use caution when posting personal information about their children in such areas.

3. TYPES OF INFORMATION WE COLLECT

3.1 Personally Identifiable Information (“PII”): This is any information that identifies a person individually, such as first and last name, email address, telephone number, physical or mailing address, credit card information, etc. Many areas of the Radio Flyer Services are accessible without the need for users to provide PII to us. However, to the extent you voluntarily provide PII to us, we collect such information. Also, when you engage in an Identification Activity, we collect PII from you in connection with such activity. Whether or not to disclose PII is completely your choice. However, without providing PII, you will not be able to engage in or complete an Identification Activity. You must be 18 or older to engage in an Identification Activity on the Radio Flyer Services.

3.2 Aggregate and Anonymous Information (“AAI”): This refers to any information that does not identify a person individually. For example, we collect anonymous group data (demographics, interests and preferences, etc.) about users of the Radio Flyer Services. We also collect user traffic data pertaining to the Radio Flyer Services, such as: total page views in a given time period; average amount of time that visitors spend on the site and on particular pages of the site; percentage of visitors from a certain geographical area, etc. Moreover, we may combine “User Activity Information” (as described below) about you and other users of the Radio Flyer Services to generate aggregate information that reflects activities, habits, preferences, interests, etc. about our users as a group. In addition, we may take PII and make it non-personally identifiable, such as by aggregating your information with information about other individuals, or by removing personally-identifiable elements (such as names) so as to “anonymize” or “de-personalize” your information.

3.3 User Activity Information (“UAI”): This refers to information we collect about user activities on the Radio Flyer Services. For example, we collect “clickstream data” for all visitors, such as IP addresses (which are numerical numbers that are automatically assigned to users’ computers and mobile devices when they are surfing the Internet), page requests, pages visited, content viewed, clicks and search queries made, etc. We may also collect user activity information on the Radio Flyer Services through cookies and web beacons (see Section 7 Cookies and Web Beacons below for more information).

NOTE: To the extent we use UAI in a manner that identifies a person individually (e.g., if we link or associate such information with name or address), such information will be treated as PII. Otherwise, UAI will be treated as AAI.

4. OUR USE OF INFORMATION

As a general matter, we use information collected on the Radio Flyer Services to personalize and improve user experience, to improve customer service, to process user transactions with us, to respond to use requests and inquiries, and to communicate with users about products, services, special offers, deals, promotions, etc. that we offer.

When you provide PII to us in connection with an Identification Activity, we use the information to process, enable, and manage such activity. For example:

• If you create an account on the Radio Flyer Services, we use PII provided by you to set up, administer, service, and communicate with you regarding, your account.
• If you make a purchase on the Radio Flyer Services, we use PII provided by you to process and fulfill your transaction with us, including communicating with you regarding your purchase and providing you with customer service. NOTE: We only use customer credit card information to process payments for purchases and refunds for authorized returns, and do not use, share or retain such information for any other purpose.
• If you register a product you have previously purchased from us on the Radio Flyer Services, we use PII provided by you to verify, process, and respond to your registration request.
• If you submit a photo, story, profile, product review, comment, etc. for posting on the Radio Flyer Services, we use PII provided by you to process, enable, and manage your posting.
   
  NOTE:
  • By submitting a photo in the “Photo Album” area of the RadioFlyer.com website, you accept and agree to be bound by Radio Flyer’s Photo Album terms and conditions published at https://www.radioflyer.com/photo-terms-conditions.
  • By submitting any other material to Radio Flyer, you accept and agree to be bound by such terms and conditions published by Radio Flyer as related to such material.
• If you submit a request or inquiry to us on the Radio Flyer Services, we use PII provided by you to respond to and communicate with you regarding your request or inquiry.
• If you sign up for a Radio Flyer Promotion, we use PII provided by you to process, administer, and communicate with you regarding your participation in such promotion.

Also, by providing your contact information (email address, mailing address, telephone number, etc.) to us, you understand and agree that we may use such information:

• to contact you regarding matters of a transactional or relationship nature or as required by law, such as: communicating with you regarding your account or a purchase, request or inquiry you have made with us, notifying you of a material change in this Privacy Policy or any of our other policies, notifying you of an actual or suspected security breach that affects your PII stored by or for us, etc.; and
• to contact you with marketing/promotional information about our products, services, special deals, offers, promotions, coupons, discounts, etc. that may be of interest to you (see Section 6 Information Access and Choice below for information on how to opt out of receiving marketing/promotional information from us).

Because of the anonymous, non-personally identifiable nature of AAI, there are no restrictions under this Privacy Policy on how we may use or share AAI. For example, we may make unlimited use and disclosure of AAI for our own and third-party marketing, advertising, research, and other business purposes.

5. SHARING OF INFORMATION WITH THIRD PARTIES

We do not share PII collected from our users with third parties, except in the circumstances described below:

• When a user makes the choice to post PII publicly on the Radio Flyer Services, the information will be made available to others. Examples include a user’s voluntary posting of a personal photo in the “Photo Album” area of the RadioFlyer.com website, a user’s voluntary disclosure of PII in a publicly posted comment, product review, story, profile, etc.
• We may from time to time use certain third-party services for the operation of the Radio Flyer Services, such as purchase and credit card payment processing, order fulfillment, customer service and support, hosting and maintenance and technical support for the Radio Flyer Services, data analyses, data storage, and security. To the extent a third-party service provider needs to access PII in order to perform services to us, we share the information with that provider. We require that a third-party service provider limit its use of PII solely to providing services to us and that it maintain the confidentiality, security and integrity of such information and not make unauthorized use or disclosure of the information.
• From time to time, we may conduct a Radio Flyer Promotion with one or more third-party co-sponsors. As a condition of participation in such a promotion, we may ask for your affirmative consent (opt-in) to allow us to share your PII collected in connection with the promotion with our co-sponsor(s), with the understanding that our co-sponsor(s) may use the information for its/their own direct marketing purposes and that Radio Flyer will have no control over such use by its co-sponsor(s).
• We may disclose PII to others if doing so is required by law or, in our good faith belief, is reasonably necessary to: (i) comply with legal process (including a court order or subpoena); (ii) cooperate with law enforcement (including investigation of an alleged or suspected crime, fraud or other illegal activity); (iii) enforce this Privacy Policy and/or our other policies for the Radio Flyer Services; (iv) respond to an emergency; or (v) protect the rights, property or safety of Radio Flyer, our users or customers, and/or the public.
• If Radio Flyer is involved in a merger, acquisition, financing, or sale of business or assets, PII may be transferred to one or more third parties involved in such transaction and, upon such transfer, the relevant third-party privacy policy or policies may govern further use of the information. In the event of such a change, we will endeavor to notify our users of the change as well as any choices our users may have regarding the change.
• Radio Flyer has joined a direct marketing cooperative. Accordingly, after March 31, 2015, when you make a purchase online from Radio Flyer or by calling Radio Flyer, Radio Flyer may share certain information of your purchase – such as your name, shipping and billing addresses, email address, purchase date and amount, product purchased, and method of payment (but not your credit card information) (collectively “Purchase Information”), for inclusion into the cooperative’s marketing databases. As a result of your purchase, you may receive postal mailings containing advertisements (such as catalogs) and information about third-party products and services that may be of interest to you. For information on how to opt out of having your Purchase Information used in the cooperative, please see Section 6.4 (Opt-Out of Radio Flyer’s Sharing of Your Information) of our Privacy Policy..
• Please note: sharing excludes text messaging originator opt-in data and consent; this information will not be shared with any third parties.

6. INFORMATION ACCESS AND CHOICE

6.1 Information Access: To access and update your PII that we store in our records, please email your request to customerservice@radioflyer.com. We reserve the right to verify your identity prior to honoring your request. If you have an account on the Radio Flyer Services, you can view and update your account information by going to the account profile page after logging into your account.

6.2 Deletion of Information: If you wish to delete PII that we store in our records (including cancellation of your account on the Radio Flyer Services), please email your request to customerservice@radioflyer.com. We reserve the right to verify your identity prior to honoring your request. PLEASE NOTE:

• You understand and acknowledge that we reserve the right to retain your information if doing so is necessary to comply with law or legal process (including a court order or subpoena), to cooperate with law enforcement (including investigation of an alleged or suspected crime, fraud or other illegal activity), or to complete a pending transaction, to resolve a claim or dispute, or to enforce an applicable agreement between you and Radio Flyer.
• You understand and acknowledge that we can only delete PII that we store in our records, and will not be able to delete PII stored by third parties.

6.3 Opt-Out re. Marketing Communications from Radio Flyer: To opt out of receiving marketing/promotional information from us, please send your request via email to customerservice@radioflyer.com, or via postal mail to Radio Flyer, Inc. Attn: Radio Flyer Team, 6515 W. Grand Avenue, Chicago, IL 60707. You must include your name and full address in your request to opt out. We reserve the right to verify your identity prior to honoring your request. To opt out of receiving marketing/promotional emails from us, you may also use the “unsubscribe” link provided in a marketing/promotional email you previously received from us. We will endeavor to process your opt-out request as soon as possible after receipt (or within such time as required by law).

6.4 Opt-Out of Radio Flyer’s Sharing of Your Information: If you make a purchase online or by phone from Radio Flyer after March 31, 2015 and you wish to opt out of Radio Flyer’s sharing of your Purchase Information for direct mail marketing, you may make a request using one of the following methods:

• You may send your request via email to customerservice@radioflyer.com, or via postal mail to Radio Flyer, Inc. Attn: Radio Flyer Team, 6515 W. Grand Avenue, Chicago, IL 60707. You must include your name and full address in your request to opt out
• You may also submit your request by selecting the “Opt Out” button below and following the prompts.

So that we can properly act on your request, if via email, please be sure to include the following statement: “I wish to stop receiving further advertisements (including catalogs) through postal mail that result from Radio Flyer’s sharing of my information.” We reserve the right to verify your identity prior to honoring your request. PLEASE NOTE:

• After your opt-out request is received, it may take up to 3 months for your request to be completely processed.
• If you move or change your name, you may need to opt out again with your new address or name.

7. COOKIES AND SIMILAR TECHNOLOGIES

7.1 Our Use of Cookies and Similar Technologies: Cookies are small data files that websites and online services send to and store on your computer or mobile device through your Web browser (if you allow). Cookies enable websites and online services to recognize your browser and record certain information about your visits. We use cookies on the Radio Flyer Services to help us remember who you are, to enhance and personalize your experience, to understand and save your preferences for future visits, to compile information about our users, and to carry out other tasks relating to the operation or improvement of the Radio Flyer Services. As an example, we use session cookies when you use the Radio Flyer Services. Session cookies are active only during the period you are using the Radio Flyer Services, and are removed when you leave. They help us track the areas of the Radio Flyer Services that you visit to allow us to make improvements in keeping with observed user preferences. The information we gather through cookies may include IP address, user language, the operating system, browser type, the presence/absence of “flash” plug-ins, screen resolution, connection type, and information that identifies the cookie. We may also use information collected from cookies together with PII we have collected from our users. We do not, however, use cookies to access information on your computer or mobile device. Most web browsers are initially set to accept cookies, but you can change your browser settings to notify you when you are sent a cookie, giving you the ability to accept or reject it, or you can choose to routinely and manually delete cookies stored on your computer or mobile device. Each time you revisit the Radio Flyer Services, your ability to restrict our use of cookies on that service is subject to your browser settings and limitations at the time. Please note that if you choose to disable or reject cookies from us, some features of the Radio Flyer Services may become inaccessible or may not function properly. For more information on how to manage cookies, visit http://www.aboutcookies.org/. To manage Adobe Local Shared Objects (also known as LSOs or Flash cookies), visit Macromedia support.

We may also use “web beacons” (also known as “clear GIFs,” “pixel tags,” etc.) – which are small bits of code embedded in web pages or in emails – to deliver or communicate with cookies, to count users who have visited a web page, and to understand usage patterns. We may include web beacons in emails to help us recognize activities such as when an email was opened, how many times an email was forwarded, which links in the email were clicked on, etc. Web beacons cannot be declined when delivered via a regular web page. However, web beacons can be refused when delivered via email. If you do not wish to receive web beacons via email, you will need to disable HTML images or refuse HTML (select Text only) emails via your email software.

7.2 Third-Party Use of Cookies and Similar Technologies: We may allow third parties including so-called “network advertisers” or “ad networks” (collectively, “Third-Party Advertisers”) to serve and manage advertisements on the Radio Flyer Services. Third-Party Advertisers may set and use their own cookies, web beacons, etc. on your computer or mobile device when you interact with their ads. These third-party cookies, web beacons, etc. allow Third-Party Advertisers to recognize your computer or mobile device each time they send you an ad and to compile information about your interactions with their ads. Use of cookies, web beacons, etc. by third-party advertisers is governed by the privacy policies of such third-party advertisers – and not by this Privacy Policy. We have no control over what information is collected by third-party advertisers or how they may use the information. The privacy policies and data practices of third-party advertisers may significantly differ from those of Univision, and we make no representation or warranty whatsoever about third-party advertisers’ data policies and practices.

In addition, Third-Party Advertisers may use cookies, web beacons, etc. to collect, compile and use information about your activities on the Radio Flyer Services and on third-party websites and services for purposes of serving you interest-based advertising. For more information regarding online advertising and data practices of some of these Third-Party Advertisers and how to opt out of their use of your information, please visit:
http://www.aboutads.info/consumers/
http://www.aboutads.info/how-interest-based-ads-work
http://www.aboutads.info/choices/

7.3 Use of Google Analytics: We may use Google Analytics to collect and analyze information about our users’ demographics and interests, in order to measure and improve the Radio Flyer Services. We may also make use of other Google Analytics for Display Advertising features, such as Remarketing, Google Display Network Impression Reporting and/or the DoubleClick Campaign Manager integration. We are required by Google to disclose the following in connection with use of any Google Analytics for Display Advertising features:

• You may opt out of Google Analytics for Display Advertising or customize Google Display Network ads by using the Google Ads Settings page at https://www.google.com/settings/ads?hl=en. You may also prevent your data from being collected and used by Google Analytics by opting out through the use of the Google Analytics Opt-out Browser Add-on which can be downloaded at https://tools.google.com/dlpage/gaoptout.
• If we use the Google Analytics for Display Advertising Remarketing feature, we will use such Remarketing feature to advertise online and third party vendors, including Google, may show Radio Flyer ads on sites across the Internet.
• We and third party vendors, including Google, may use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) together to (i) inform, optimize and serve ads based on a user’s past visits to the Radio Flyer Services, and/or (ii) report how your ad impressions, other uses of ad services, and interactions with these ad impressions and ad services are related to visits to the Radio Flyer Services.
• Data from Google Analytics Demographics and Interest Reporting may be utilized by us to help recognize and understand user preferences, to make improvements to the Radio Flyer Services, to choose content and advertising to display to you, and for other business purposes that will allow us to better serve you.

8. DATA RETENTION

Generally, we retain your PII only for as long as you maintain an account or relationship with us, except that if you make a purchase with us, we will only store your credit card information for the duration of the transaction – that is, the duration needed to process, fulfill and complete your purchase, including any applicable return and refund period – and will not store the information thereafter. However, you understand and agree that we reserve the right to retain your information if doing so is necessary to comply with law or legal process (including a court order or subpoena), to cooperate with law enforcement (including investigation of an alleged or suspected crime, fraud or other illegal activity), or to complete a pending transaction, to resolve a claim or dispute, or to enforce an applicable agreement between you and Radio Flyer.

Because of the anonymous, non-personally identifiable nature of AAI, we may retain AAI indefinitely.

9. INTERNATIONAL DATA TRANSFER

Radio Flyer Services are operated in the United States but are available to certain international users. If you use Radio Flyer Services or contact us online from outside the United States, your information will be processed and stored in the United States where data protection and privacy regulations may not offer the same protection as the country in which you live. If you use the Radio Flyer Services or provide information to us, you consent to the collection, transfer and use of your information in accordance with U.S. privacy laws and with this Privacy Policy.

10. SECURITY

We use a secure server for the Radio Flyer Services and comply with the Payment Card Industry (“PCI”) data security standards for credit card transactions made on the Radio Flyer Services. When you place an order on the Radio Flyer Services, your credit card information is transmitted to us via Secure Socket Layer (“SSL”) technology and then encrypted by our online payment processing service provider, and our online payment processing service provider is required to keep your credit card information confidential and secure and not use the information for any unauthorized purpose. We do not retain your credit card information after a transaction is completed. If you wish to make another purchase in the future you will need to re-enter your credit card information.

Although we use commercially reasonable measures to safeguard your personal information, no absolute security can be guaranteed. It is important for you to protect against unauthorized access to your password and to your computer. We urge you to keep your account login information in a safe place and not to divulge it to anyone. Also, remember to sign off your account and close your browser window when you have finished your visit. This is to ensure that others cannot access your account, especially if you are sharing a computer with someone else or are using a computer in a public place such as a library or an Internet cafe.

We will endeavor to notify you if and to the extent required by law, in the event we become aware of a breach or suspected breach of the security of your PII stored by or for us. However, we are not liable for any breach of the security of your personal information resulting from causes or events that are beyond our control, including, without limitation, your own act or omission, corruption of storage media, defects in third-party data security products or services, power failures, natural phenomena, riots, acts of vandalism, hacking, sabotage, or terrorism.

11. LINKS TO THIRD-PARTY PRODUCTS AND SERVICES

The Radio Flyer Services may provide links or access to third-party websites (including social networking sites), products, services, programs, applications, etc. (each, a “Linked Third-Party Product/Service”) solely as a convenience to you. Such linking or access does not mean, and should not be interpreted to mean, that Radio Flyer endorses, is affiliated with, or makes any representations concerning any Linked Third-Party Product/Service. We neither review, nor control, nor are responsible for any Linked Third-Party Product/Service. Specifically, we are not responsible for the privacy practices of any Linked Third-Party Product/Service. Once you leave the Radio Flyer Services, this Privacy Policy will no longer apply. Any information collected from or about you in connection with your use of a Linked Third-Party Product/Service will be governed by the privacy policy of that third party. Third parties’ privacy policies and data practices may be substantially different from those of Radio Flyer. They may send their own cookies, web beacons, etc. to your computer or mobile device, and may collect information about you and make use of the information in ways that we would not. You use a Linked Third-Party Product/Service entirely at your own risk. You should always read the privacy policy associated with a Linked Third-Party Product/Service before disclosing any personal information to that third party.

12. MODIFICATIONS TO THE PRIVACY POLICY

If we make material changes to this Privacy Policy, we will announce and post such changes on the Radio Flyer Services for the general public. If you have provided your email address or mailing address to us, we may also notify you of such material changes via email or postal mail. If you have an active account with us, we may ask you to affirmatively consent to and accept the changes at the time of your next account log-in on the Radio Flyer Services. By continuing to use the Radio Flyer Services after such notice and/or consent, you are bound by this Privacy Policy as modified.

13. QUESTIONS

If you have any questions or concerns about this Privacy Policy or our use of your information, or to update or delete your information that you have previously provided to us, please contact:

Radio Flyer, Inc.
Attn: Radio Flyer Team
6515 W. Grand Avenue, Chicago, IL 60707
customerservice@radioflyer.com

DM_US 59755906-1.091161.0012