A&M Ventures Limited (New Zealand company 5874158) t/a The Toy Wagon (“The Toy Wagon”, “we,” “us,” or “our”) has created this privacy policy (this “Privacy Policy”) to comply with our legal obligations and because we know that you care about how information you provide to us is used and shared. This Privacy Policy relates to the information collection and use practices of The Toy Wagon in connection with our online product ‘sale by agency’ services (the “Services”), which are made available to you through www.thetoywagon.co.nz (the “Website”), which is accessible through tablets, smart phones, connected televisions, and other devices (the “App”), and via any other form of communication you may have with us (collectively referred to as the “Platform”).

Capitalised terms not defined in this Privacy Policy shall have the meaning set forth in our Terms of Service & Supply.

Acceptance of Terms

By visiting our Website, Visitors are agreeing to the terms of this Privacy Policy and the accompanying Terms of Service & Supply. By signing up, accessing, and/or using our Services or the Platform each Customer is agreeing to the terms of this Privacy Policy and the accompanying Terms of Service & Supply.

The Information We Collect and Receive

In the course of operating the Platform and providing the Service, we will collect (and/or receive) the following types of information. You authorise us to collect and/or receive such information.

  1. Personal Information

    When you register with us to become a Customer, use the Service, sign up to receive notifications, purchase any Product or service, or contact us, you will be required to provide us with personal information about yourself, such as your name, e-mail address and other details. We do not collect any personal information from you when you simply visit the Website, unless you provide such information voluntarily. All information we collect and/or receive which is itemised below is collectively called “Personal Information.”

  2. Order Information

    When you place an order with us for Products via the Platform, you must provide us with certain information about the products and services you are seeking to purchase, as well as your name, email address, delivery address and possibly other items of Personal Information as we require from time to time to deliver the Service. Such information is collectively called the “Order Information.”

  3. Payment Information

    When you place an order with us for Products via the Platform, you will be required to provide certain information in addition to the Personal Information and Order Information noted above. Such information may include a debit card number, credit card number, expiration date, billing address, activation codes, and similar information. Such information is collectively called the “Payment Information.” Such Payment Information will be collected and processed by our third-party payment vendors pursuant to the terms and conditions of their privacy policies and terms of use, and we do not obtain access to any Payment Information. You acknowledge that you have had the opportunity to read those third party terms before using that third party’s services, and that you accept that third party’s terms.

  4. Geolocational Information

    Certain features and functionalities of the Service may be based on a Customer’s location. In order to provide these features and functionalities, we may, with your consent, automatically collect geolocational information from your mobile device, wireless carrier, and/or certain third-party service providers. Such information is collectively called the “Geolocational Information.” Collection of such Geolocational Information occurs only when the Services are running on your mobile device. You may decline to allow us to collect such Geolocational Information, in which case The Toy Wagon will not be able to provide certain features or functionalities to you.

  5. Other Information

    In addition to the information noted above, we may collect additional information (collectively, the “Other Information”). Such Other Information may include:

    1. From You

      Additional information about yourself that you voluntarily provide to us (e.g., via a survey) which does not identify you personally.

    2. From Your Activity.

      Information that we automatically collect when you use the Platform, including, without limitation:

      • IP addresses, which may consist of a static or dynamic IP address and will sometimes point to a specific identifiable computer or device; browser type and language; referring and exit pages and URLs; date and time; amount of time spent on particular pages; what sections of the Platform you visit; and similar data; and
      • Information about your device, including the type of device; universally unique ID (“UUID”); advertising identifier (“IDFA”); MAC address; operating system and version (e.g., iOS, Android or Windows); carrier and country location; hardware and processor information (e.g., storage, chip speed, camera resolution, NFC enabled); network type (WiFi, 3G, 4G, LTE); and similar data.
    3. c. From Cookies.

      Information that we collect using “cookie” technology. Cookies are small packets of data that a website stores on your computer’s or mobile device’s hard drive so that your computer will “remember” information about your visit. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them) to help us collect Other Information and to enhance your experience using the Websites. If you do not want us to place a cookie on your hard drive, you may be able to turn that feature off on your computer or mobile device. Please consult your Internet browser’s documentation for information on how to do this and how to delete persistent cookies. However, if you decide not to accept cookies from us, the Platform may not function properly.

Information Collected by or Through Third-Party Advertising Companies

We may share Other Information about your activity on the Platform with third parties for the purpose of tailoring, analysing, managing, reporting, and optimising the Service we provide and for any advertising you see on the Platform and elsewhere. These third parties may use cookies, pixel tags (also called web beacons or clear gifs), and/or other technologies to collect such Other Information for such purposes. Pixel tags enable us, and these third-party advertisers, to recognise a browser’s cookie when a browser visits the site on which the pixel tag is located in order to learn which advertisement brings a user to a given site. For the sake of clarity, in connection with the activities described in this section, we do not share any of your Personal Information, as defined above.

Accessing and Modifying Personal Information and Communication Preferences

If you have registered for the Service via the Platform, you may access, review, and make changes to your Personal Information, Payment Information, and certain Other Information by following the instructions found on the Platform. In addition, you may manage your receipt of non-transactional communications by clicking on the “unsubscribe” link located on the bottom of any The Toy Wagon email. Customers cannot opt out of receiving transactional e-mails related to their account or their Product orders. We will use commercially reasonable efforts to process such requests in a timely manner. You should be aware, however, that it is not always possible to completely remove or modify information in our databases.

How We Use and Share the Information

We use the Personal Information, the Order Information, the Payment Information, the Geolocational Information, and the Other Information (collectively, the “Information”) to provide our Services; to process Product orders; to communicate with Suppliers; to maintain and improve our Platform and Services to you; to solicit your feedback; and to inform you about the Products and services and those of our third-party marketing partners.

We may also use and/or share Information as described below:

  • The Toy Wagon may share the Information with third parties as required to process your Product orders and provide support to you.
  • In order to provide our Services to you, we may share the Information (excluding the Payment Information) with the applicable Customer, and we may promote the Products and services by email or other electronic means with you.
  • In addition, we may share the Information (excluding the Payment Information), with the applicable Customer so we can offer you special products, services, discounts, and other items.
  • We may, from time to time, share and/or license Personal Information, Order information, Geolocational Information, and/or Other Information to other companies that we reasonably and in good faith believe may be of interest to you. These companies may provide you information about the products and services they or their relevant partners offer. To the extent required by law, you will be given the opportunity to opt-out of such sharing.
  • With your permission, third-party applications or services may access your Personal Information. We use standard OAuth (open authorisation) to enable you to give permission to share your Personal Information with other websites and services (e.g., when you agree to a pop-up requesting you to allow another application to access your account information). We also use OAuth to allow us to share information about you that is stored by us without sharing your security credentials.
  • We may employ other companies and individuals to perform functions on our behalf. Examples may include providing technical assistance, Product order fulfillment, and customer service. These other companies will have access to the Information only as necessary to perform their functions and to the extent permitted by law.
  • In an ongoing effort to better understand our Platform, Services, Visitors, Customers, and other products and services, we may analyse the Order Information, and Other Information in aggregate form, in order to operate, maintain, manage, and improve the Platform and/or the Products and services. This aggregate information does not identify you personally. We may share this aggregate data with our affiliates, agents, and business partners. We may also disclose aggregated user statistics in order to describe the Products and services to current and prospective business partners and to other third parties for other lawful purposes.
  • We may share some or all of your Information with any of our parent companies, subsidiaries, joint ventures, or other companies under common control with us.
  • As we develop our businesses, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganisation, sale of assets, dissolution, or similar event, the Information may be part of the transferred assets, or may be disclosed to a third party for negotiation purposes.
  • To the extent permitted by law, we may also disclose the Information: (i) when required by law, court order, or other government or law enforcement authority or regulatory agency; or (ii) whenever we believe that disclosing such Information is necessary or advisable, for example, to protect the rights, property, or safety of The Toy Wagon or others.

Information You Share

Please keep in mind that whenever you voluntarily make your Personal Information available to third parties — for example on message boards or web logs; through email; or in comment or chat areas — that information may be seen, collected, heard, and/or used by others besides us. We cannot be responsible for any unauthorised third-party use of such information.

How We Protect the Information

We take commercially reasonable steps to protect the Information from loss, misuse, and unauthorised access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases or the databases of the third parties with which we may share such Information, nor can we guarantee that the Information you supply will not be intercepted while being transmitted over the Internet. In particular, e-mail sent to us may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail.

Important Notice to Non-New Zealand Residents

It is important to note that the Platform and its servers are operated in New Zealand. If you are located outside of New Zealand, please be aware that any Information you provide to us will be transferred to New Zealand. By using the Platform and by providing us Information when using our Services, you hereby irrevocably consent to this transfer and our use of the Information and data provided by you in accordance with this Privacy Policy.

Children & Minors

We do not knowingly collect Personal Information from persons under the age of 18 through the Platform. If you are under 18, please do not give us any Personal Information. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children to never provide Personal Information through the Platform without their permission. If you have reason to believe that a person under the age of 18 has provided Personal Information to us, please contact us, and we will endeavor to delete that information from our databases. This paragraph will not prevent the validity and enforceability of any Product order placed via the Platform.

External Websites

The Platform may contain links to third-party websites. We have no control over the privacy practices or the content of any of our business partners, advertisers, sponsors, or other websites to which we provide links. As such, we are not responsible for the content or the privacy policies of those third-party websites. You should check the applicable third-party privacy policy and terms of use when visiting any other websites.

Changes to This Privacy Policy

This Privacy Policy is effective as of the date stated at the end of this Privacy Policy. We may change this Privacy Policy from time to time. By accessing the Platform and/or using our Services after we make any such changes to this Privacy Policy, you are deemed to have accepted such changes. Please be aware that, to the extent permitted by applicable law, our use of the Information is governed by the Privacy Policy in effect at the time we collect the Information. Please refer back to this Privacy Policy on a regular basis.

How to Contact Us

If you have questions about this Privacy Policy, please contact us via e-mail at sales@thetoywagon.co.nz with “Privacy Policy” in the subject line.