MGA ENTERTAINMENT, INC (“MGA”)
Date: April 22, 2014
1. Personal Information Collection
MGA may collect personal information like name, telephone or cell number, email address, date of birth, home mailing address, and details regarding your mode of payment, e.g., credit/debit card or account information, when you access certain areas of the Site that require registration or payment for products and services, or if you require more information about those services. Under certain laws, such as the Children’s Online Privacy Protection Act (COPPA), personal information may also include video, photos, voice, geo-location or GPS location data, and persistent identifiers like third-party persistent cookies, IP addresses that may be used to recognize users over time, and across different web sites or online services. Other information that we may collect when you use an App includes unique device identifier (“UDID”), international mobile equipment identity (“IMEI”), mobile equipment identifier (“MEID”) or media access control (“MAC”) address; operating system information such as Microsoft Windows, Mac OS or iOS); and your browser type, such as IE, Chrome, Safari, and Firefox.
At other times, MGA may collect information that cannot be used to directly identify you, such as browser access times, referring URLs, dynamic IP addresses and similar non-personally identifiable information. For example, we may collect and aggregate non-personal information about you and other customers who visit certain areas of our Site. Aggregated information will not contain any information that can be linked directly back to you.
2. How MGA Collects Personal Information
MGA may also collect additional information from your web browser each time you visit our Site. We may collect information on the pages that you visit, the promotions or advertisements that you click on, and log or track other actions that you take while using our Site.
Our Internet Service Providers (defined below) may also use other standard web-based technologies to analyze your movements while accessing our Site. The technologies include analytic solutions, third-party analytic cookies, web “beacons,” “pixel tags,” and “clear gifs.” These technologies help us ascertain the effectiveness of our product and service campaigns and marketing programs, allow us to customize the services offered on or through our Site, and help determine the best use for Site content, and product and service offerings. Some of this information, including the IP address, may be stored on our Internet Service Provider’s or other third-party server logs, and may be available for extended periods of time.
3. Our Use and Disclosure of Your Personal Information
MGA uses the services of independent companies to provide certain services to you, including, without limitation, website hosting services, credit and debit card processing, registration processing, and Internet connectivity services (“Internet Service Providers”). MGA may share your personal information with the Internet Service Providers as appropriate. We do not share personally identifiable information with outside, non-affiliated third parties without your consent, except to the extent necessary to complete your request for services offered through this Site.
Our Service Providers include:
MGA may use your personal information to contact you via mail, email, or telephone in order to give you updates about MGA’s special promotions, new services, for identification or participation in our online services, for notices or communications regarding contests or competitions, or sweepstakes, or other events that may be of interest to you. We also use return email addresses to answer the email we receive from you. Your email address will not be used for any other purpose or shared with outside third parties for their direct marketing purposes. We may also use your IP address to help protect MGA and our Internet Service Providers from fraud.
Additional uses of your non-personal and personal information will allow us to tailor products and services specific to your needs, to help organize and manage your customer relationship and our business, to conduct business, to provide you with customer support, to perform functions that are described to you at the time of collection, and to enforce our Site’s Terms.
We may also use non-personal aggregate information to improve our Site. For example, our Internet Service Providers may report to us that there were a particular number of visitors to a certain area of our Site, or that a certain number of men or a certain number of women completed our registration form in particular areas of our Site. Such information may also be used to analyze the effectiveness of our business and advertising models.
If you submit a resume or seek to fulfill other staffing requirements, we will use that information solely in connection with your application for current or future staffing requirements, and we may also share your resume or application information with our business partners or affiliates that have staffing requirements for which you may be qualified.
MGA may also disclose your personal information as is necessary to: (a) comply with a subpoena or court order; (b) cooperate with law enforcement or other government agency; (c) establish or exercise our legal rights; (d) protect the property or safety of our company and employees, contractors, vendors, and suppliers; (e) defend against legal claims; (f) help with internal and external investigations; (g) to protect personal safety; or (h) as otherwise required by law or permitted by law. We may disclose or transfer your information in connection with the sale or merger of MGA or any transaction that involves the sale or assignment of some or all of our assets.
4. Other Third Party Data Collection
5. Data Storage and Security
MGA makes reasonable efforts to ensure that our Internet Service Providers have implemented physical, electronic, and procedural security measures to assist with safeguarding your personal information, and to help protect against unauthorized access and disclosure. Only our authorized personnel and our Internet Service Providers who perform legitimate business functions for MGA are authorized to access your personal information.
Notwithstanding our efforts, the Internet and online services have inherent security risks. MGA cannot promise, and you should not expect, that your personal information, personal searches, and other communications will always remain secure. You should take care with regard to how you handle and disclose your personal information or any username or password that you are required to use to access services on this Site or online service.
6. Children and Data Collection
Areas of this Site that require registration will ask you for your date of birth. If you are 13 years or older, we may process personal data such as your first and last name, address details, phone number, cell phone number, email address, credit card or other payment information, username and password, date of birth, and gender. This information, as a general rule, is collected through registration forms that appear on our Sites or in our Apps. We will also process information about your purchases with us, marketing preferences, and your use of MGA related websites. We use your personal data to send you regular email newsletters, to send you marketing offers via catalogs, emails and text messages, to analyze customer behavior and to customize our communication with you. We will also use your personal data to update your profile periodically to ensure that we have the most accurate personal data available.
If a birth date is entered that indicates the registrant has not reached the age of 13 years, that registrant will be blocked from providing personally identifiable information. If a child is under the age of 13, we may collect limited personal data relevant to the registration such as first name or “screen” name, and email address, but we will not use or request additional information until we obtain verifiable parental consent from the parent or legal guardian of the child. This information, as a general rule, is collected through registration forms that appear on our Sites or in our Apps. Where the only personal data needed is the email address of the child, we may collect the email address directly from the child, and provide notification to the parents or legal guardian when the requested information will require multiple contacts with MGA, or if the child is registering for a contest or sweepstakes.
We may collect a child’s email without consent, to get verifiable parental consent, to give voluntary notice to a parent about their child’s participation on a site or service that does not collect personal information, to respond directly to a child’s specific one-time request (for example, if the child wants to enter a contest), to respond directly more than once to a child’s specific request (for example, if the child wants to receive a newsletter), to protect a child’s safety, when a child sends us a request. We will only keep the email for as long as is required to answer such request.
When a parent or legal guardian completes a child’s registration or otherwise provides us with a child’s personally identifiable information, MGA will consider this to be: (1) “direct notice” to you regarding personal data collection; and (2) your consent to the use of your child’s information for our purposes and marketing communications. The data will be used only for MGA related services, and will not be sold, rented, or otherwise disclosed to any company outside of MGA, its affiliated marketing partners, and companies acting as our agents to help us provide services requested by you or the child. We will process personal data such as the child’s first and last name, mailing address, gender, date of birth, email address and phone number, as relevant to the services that have been requested.
Parents or legal guardians who have questions about personal information that may have been submitted by a child, or to exercise the rights as set forth above, should email us at firstname.lastname@example.org, or contact us toll-free at:1-800-222-4685.
7. How You May Access and Change the Information that MGA Collects
The first time that you provide us with registration information through our Site, you may be offered the opportunity to subscribe to and receive additional information about our products and services. Although this information will be removed from our databases, it may still persist across other areas of the Internet if it has been shared or copied. You can also change your initial choices as follows: For Little Tikes, log in to the My Account page or email Littletikes.email@example.com. For MGA, email customer services at firstname.lastname@example.org. Each commercial email that we send to you, will offer you the opportunity to opt-out of continuing to receive such messages.
8. Information for Persons outside the United States
MGA is a Better Business Bureau (“BBB”) Online Privacy Program participant and as such has agreed to submit to the program’s dispute resolution and enforcement process. BBB is a private sector developed privacy program that incorporates the Safe Harbor Principles of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (“EU Directive”) and U.S. Federal Trade Commission regulations. The BBB Online Privacy Program includes effective enforcement mechanisms such as (a) a readily available and affordable independent recourse mechanism to investigate and resolve individual complaints and disputes consistent with EU Directive, and to award damages where the applicable law or private sector initiatives so provide; (b) follow up procedures for verifying that the attestations and assertions businesses make about their privacy practices are true and that privacy practices have been implemented as presented; and (c) the obligation to remedy problems arising out of failure to comply with the EU Directive and consequences for any such failures. Sanctions will be imposed to ensure compliance by member organizations.
BBB’s Online Privacy Program will only accept complaints regarding the misuse of personal information after such complaints have been first submitted to, and addressed by, MGA. For more information about the Privacy Program dispute resolution process, please visit www.bbbonline.org.
10.General Information and Privacy Support Contact