Effective Date:  February 22, 2022

Last Reviewed:  February 22, 2022

This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from UTOYUP® (the “Site”).

Our Sites are not designed for, directed to, or intended for children, and we do not knowingly collect personal information from or about children. If you are under 16, do not use our Sites or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or username you may use. If you believe UTOYUP® may have personal information about someone under the age of 16, please contact us.

1. PERSONAL INFORMATION WE COLLECT

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

We collect Device Information using the following technologies:

  • “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
  • “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
  • “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Site.

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

When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information.

2. HOW DO WE USE YOUR PERSONAL INFORMATION?

We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:

  • Communicate with you;
  • Screen our orders for potential risk or fraud; and
  • When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services. 

We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).

3. SHARING YOUR PERSONAL INFORMATION

We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we also use Google Analytics to help us understand how our customers use the Site -- you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful requests for information we receive, or to otherwise protect our rights.

4. BEHAVIORAL ADVERTISING

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

You can opt-out of targeted advertising by using the links below:

Additionally, you can opt-out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at http://optout.aboutads.info/.

5. DO NOT TRACK

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

6. YOUR RIGHTS

If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.

Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.

7. DATA RETENTION

When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.

8. CHANGES

We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.

9. The GDPR Applies to Me, What Else Should I Know?

On 25 May 2018, the General Data Protection Regulation (GDPR) promulgated by the European Union came into effect. The GDPR limits the legal bases upon which we may collect and use personal data (personal information) and requires us to explain which legal bases we rely on for the processing of data when the GDPR applies. It also grants certain rights. References to personal information throughout this Privacy Policy should be read to include personal data under the GDPR whenever applicable.

PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA

We have set out below in table format (the “GDPR Table”) a description of the ways we plan to use personal data and which of the legal bases (other than your explicit consent) we rely on to do so if and when the GDPR applies, including whenever the subject of the personal data is a resident of the EEA or Switzerland. Although we generally do not rely on consent as a legal basis to collect or use personal data, for certain uses we may in fact obtain your explicit consent for doing so. In the GDPR Table “legitimate interests” means our interest in conducting and managing our business to enable us to give you the best products and services and the best and most secure experience and to grow our business. Although many things go into making this happen, to help you better understand what our legitimate interests are we have identified in the GDPR Table certain examples.

Note that under the GDPR we may process your personal data for more than one lawful ground depending upon the specific purpose for which we are using your data.

Purpose/Activity under GDPR

Type of data

Lawful basis under GDPR for processing

To register you as a new customer / to identify you as a user in our system / to create and manage your user account

(a) Identity

(b) Contact

(c) Payment

(d) Transaction

(e) Location

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to keep our records updated, to service our consumers and optimize the consumer experience)

To verify your identity

(a) Identity

(b) Contact

(c) Payment

(d) Transaction

(e) Technical

(f) Location

(a) Performance of a contract with you

(b) Necessary to comply with a legal obligation

(c) Necessary for our legitimate interests (to protect against identity theft and to prevent fraud and other unlawful activity, claims, and other liabilities)

To process and deliver your order including:

(a)  Send administrative notifications, such as order confirmations, order status updates, security, or support and maintenance services

(b)  Manage payments, fees, and charges

(c)  Reduce credit risk

(c)  Bill, collect and recover money owed to us

(a) Identity

(b) Contact

(c) Financial

(d) Transaction

(e) Marketing and Communications

(f) Location

(a) Performance of a contract with you

(b) Necessary to comply with a legal obligation

(c) Necessary for our legitimate interests (to keep our records updated, to protect our business and shareholders, to study how customers use our products/services)

To form a view on what may be of interest to you or that you may want or need

(a) Identity

(b) Contact

(c) Demographics

(d) Profile

(e) Usage

(f) Location

(g) Marketing and Communications

(h) Customer Service

(i) Technical

(j) Location

(a) Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business, and to inform our marketing strategy)

To provide product and services offerings to you

(a) Identity

(b) Contact

(c) Transaction

(d) Profile

(e) Usage

(f) Technical

(g) Marketing and Communications

(h) Friends

(i) Demographics

(j) Location

(a) Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business, and to inform our marketing strategy)

To determine warranty coverage and provide customer services, including responding to your inquiries

(a) Identity

(b) Contact

(c) Transaction

(d) Customer Service

(e) Technical

(f) Location

(a) Performance of a contract with you

(b) Necessary to comply with a legal obligation

(c) Necessary for our legitimate interests (to improve our products/services, to grow our business)

To respond to complaints of injuries and/or administer product recalls

(a) Identity

(b) Contact

(c) Transaction

(d) Customer Service

(e) Technical

(f) Location

(a) Performance of a contract with you

(b) Necessary to comply with a legal obligation

(c) Necessary for our legitimate interests (to improve our products/services)

To perform accounting, auditing, and other internal functions

(a) Transaction

(b) Customer Service

(c) Usage

(d) Technical

(e) Location

(a) Necessary to comply with a legal obligation

(b) Necessary for our legitimate interests (for running and growing our business)

To comply with and enforce public company reporting and other legal requirements, relevant industry standards, contractual obligations, and our policies

(a) Transaction

(b) Customer Service

(c) User Content

(d) Technical

(e) Location

(a) Necessary to comply with a legal obligation

(b) Necessary for our legitimate interests (for running and growing our business)

To enable you to partake in a prize draw, competition, or sweepstakes or to complete a survey

(a) Identity

(b) Contact

(c) Profile

(d) Usage

(e) Marketing and Communications

(f) Friends

(g) User Content

(h) Technical

(i) Location

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them, and to grow our business)

To operate, evaluate, improve, administer and protect our business, this website, and our apps and other services (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)

(a) Identity

(b) Contact

(c) Technical

(d) Profile

(e) Usage

(f) Demographics

(g) Location

(a) Necessary for our legitimate interests (for running our business, to study how customers use our products/services, for provision of administration and IT services, network security, to prevent fraud, and in the context of a business reorganization or group restructuring exercise, to inform our marketing strategy)

To deliver relevant and customized website, app, social media, and other digital content and advertisements to you, and to measure or understand the effectiveness of the advertising we serve to you

(a) Identity

(b) Contact

(c) Profile

(d) Usage

(e) Marketing and Communications

(f) Demographics

(g) User

(h) Friends

(i) Technical

(j) Location

Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business, and to inform our marketing strategy)

To use data analytics to improve our website, apps, products/services, marketing, customer relationships, and experiences

(a) Technical

(b) Usage

(c) Profile

(d) Demographics

(e) Location

Necessary for our legitimate interests (to define types of customers for our products and services, to keep our websites, apps, devices and tools updated and relevant, to develop our business, and to inform our marketing strategy)

To notify you of changes to our Sites, service, terms and conditions, Privacy Policy, or otherwise

  1. Identity
  2. Contact
  3. Transaction
  4. Customer Service
  5. Technical
  6. Profile
  7. Location

(a) Necessary to comply with a legal obligation

(b) Necessary for our legitimate interests (for running our business, for provision of administration and IT services, network security, to prevent fraud, in the context of a business reorganization or group restructuring exercise)

To respond to a data security breach or attempted breach

  1. Identity
  2. Contact
  3. Transaction
  4. Customer Service
  5. Technical
  6. Profile

(a) Necessary to comply with a legal obligation

(b) Necessary for our legitimate interests (for running our business, for provision of administration and IT services, network security, to prevent fraud, mitigating risk, legal compliance)

To perform compliance and fraud prevention and safety functions, including enforcing our terms of service and our Privacy Policy, protecting our rights, safety, or property, and protecting against, investigating, or deterring fraudulent, harmful, unauthorized, unethical, or illegal activity

  1. Identity
  2. Contact
  3. Transaction
  4. Customer Service
  5. Technical
  6. Profile

(a) Necessary to comply with a legal obligation

(b) Necessary for our legitimate interests (for running our business, for provision of administration and IT services, network security, to prevent fraud, mitigating risk, legal compliance)

To investigate, protect and enforce intellectual property rights

  1. Identity
  2. Contact
  3. Technical
  4. Usage
  5. User Content

(a) Necessary for our legitimate interests (for running our business, brand protection, mitigating risk, legal compliance)

To make suggestions and recommendations to you about goods or services that may be of interest to you

(a) Identity

(b) Contact

(c) Technical

(d) Usage

(e) Profile

(f) Demographics

(g) User

(h) Friends

(i) Location

Necessary for our legitimate interests (to develop our products/services and to grow our business)

To market and advertise our products and services

(a) User Content

(b) Identity

(c) Contact

(d) Profile

(e) Friends

(f) Customer Service

(g) Location

(h) Technical

Necessary for our legitimate interests (to inform our marketing strategy, to develop our customer base, to grow our business)

YOUR LEGAL RIGHTS UNDER THE GDPR

Where the GDPR applies, under certain circumstances you have rights in relation to your personal data, including the right to:

Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it. If we provide you with access to the data we hold about you, we will not charge you unless permitted by law. If you request further copies of this data from us, we may charge you a reasonable administrative cost. Where we are legally permitted to do so, we may refuse your request. If we refuse your request, we will tell you our reasons for doing so.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us. If we have shared this personal data with third parties, we will notify them about your correction request unless this is impossible or involves disproportionate effort. You also may request details of the third parties to whom we have disclosed the inaccurate or incomplete personal data. Where we think that it is reasonable for us not to comply with your request, we will explain our decision to you.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully, or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. Where we are processing your personal data for direct marketing purposes you have the right to object to processing. You also have the right to object to processing in the event we do so to enable us to perform a task in the public interest or exercise official authority, or for scientific, historical, research, or statistical purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise, or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it. If we have shared your personal data with third parties, unless it is impossible or involves disproportionate effort, we will use reasonable efforts to notify them about your request to restrict processing.

Request the transfer of your personal data to you or to a third party. On request, we can provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you seek to withdraw your consent. In the event you withdraw your consent, we will cease to use your data for that purpose unless we consider that there is an alternative legal basis to justify our continued processing of your information for this purpose, in which case we will inform you of this legal basis.

10. The CCPA Applies to Me, What Else Should I Know?

On January 1, 2020, the California Consumer Privacy Act (CCPA) came into effect. For the most part, the CCPA aligns with the policies and practices set forth in this Privacy Policy. For more information, please visit our California Privacy

11. CONTACT US

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e‑mail at support@utoyup.com

or contact us

Legal Department

UTOYUP®

Direct Pricing. High Quality But for Affordable Price.