Introduction

Munchkin, Inc. recognizes and respects the importance of maintaining the privacy of our customers, registered members ("Members") and users and has established this Privacy Policy as a result. This Privacy Policy applies to the websites and mobile apps or apps (collectively “Website”) that link to this Privacy Policy regardless of how you use or access it. Below we describe why we gather information from you, what information we collect, how we collect it, what we use the information for and how you can instruct us if you prefer to limit the use of that information.

1. Important information and who we are

Purpose of this privacy notice
This privacy notice aims to give you information on how Munchkin Inc collects and processes your personal data.

Controller
Munchkin Inc is the controller and responsible for your personal data (referred to as "we", "us" or "our" in this privacy notice).

We have appointed a data privacy manager who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the data privacy manager using the details set out below.

Contact details
Our full details are:
Full name of legal entity: Munchkin Inc
Name of data privacy manager: Legal Team
Email address: privatepolicy@munchkin.com
Postal address: Munchkin Inc, 7835 Gloria Avenue, Van Nuys, California 91406 USA
Telephone number: 818-893-5000

Changes to the privacy notice and your duty to inform us of changes
This version was last updated in May 2018.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Third-party links
Our website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections 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. When you leave our website, we encourage you to read the privacy notice of every website you visit.

2. The data we collect about you

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you. This includes, but is not limited to, when you place an order, participate in our forums, surveys, contests, sweepstakes, promotions, content submissions, chats, bulletin boards, discussion groups, request for suggestions, membership registrations and in connection with other activities, services, products and resources we make accessible through or available on our website or our affiliated sites.

This information is collected even if you cancel or do not complete the intended use, registration or order process.

We have grouped together the types of data as follows:

Identity Data includes first name, maiden name, last name, marital status, title, gender, birth date, occasion type (birthday, Mother’s Day etc.), age, photograph and details contained in our user submissions. All of the above data for recipients of any gift for other data subjects other than you.
Contact Data includes address (including postcode), email address and telephone numbers. Members may also add to their address book the name, address and telephone number of friends or other persons to whom they wish to send gifts, expressions or receive gift reminders.
Financial Data includes billing information (but we do not store credit card data or any other sensitive payment amount), bank account and payment card details.
Transaction Data includes details about payments to and from you, products purchased, any relevant promotion code and information;
Technical Data includes internet protocol (IP) address, UDID, browser type and version, operating system, referring domain, language preferences, mobile carrier if you are using a mobile device and other general information such as geo-location and online behavioural tracking.
Marketing and Communications Data includes your communication preferences.

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you. In this case, we may have to cancel a service you have with us but we will notify you if this is the case at the time.

3. How is your personal data collected?

We use different methods to collect data from and about you including through:

Direct interactions. You may give us your Identity, Contact and Financial Data by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you ask us to carry out our services for you.
Third parties or publicly available sources.We may receive personal data about you from various third parties and public sources as set out below:
Technical Data from third parties such as Foresee, Certona and Bazaar Voice who may collect information such as website analytics through our website or apps;
Contact, Financial and Transaction Data from providers of technical, payment and delivery services and credit check providers;
Identity and Contact Data from publicly availably sources;
Identity Data and Contact Data from list brokers, researchers or telemarketing agents, who have gathered such information lawfully; and
Social media platforms such as LinkedIn, Facebook or Twitter.

4. How we use your personal data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

Where we need to perform the contract we are about to enter into or have entered into with you.
Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
Where we need to comply with a legal or regulatory obligation.

Purposes for which we will use your personal data
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Purpose/Activity	Type of data	Lawful basis for processing including basis of legitimate interest
To register you as a new customer	Identity Contact	Performance of a contract with you
To process and deliver our services including: Manage payments, fees and charges Collect and recover money owed to us Other processing necessary to comply with our legal obligations such as detecting and reducing fraud ensuring business policies are adhered to, such as security policies and internet use fulfil your orders and contracts with us manage your access to our online content and apps manage customer service queries and complaints	Identity Contact Financial Transaction Marketing and Communications	Performance of a contract with you Necessary for our legitimate interests to recover debts due to us or to be as efficient as we can so we can deliver the service to you.
To manage our relationship with you which will include: Notifying you about changes to our terms or privacy policy Updating client records service renewal notifications, passwords resets and order confirmations. running competitions, prize draws and promotions customer service and satisfaction surveys and market research questionnaires to create audience profiles for personalised advertising, marketing or research and development on and off our websites.	Identity Contact Profile Marketing and Communications	Performance of a contract with you Necessary to comply with a legal obligation Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
To administer and protect our business and our website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)	Identity Contact Technical	Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise) Necessary to comply with a legal obligation
To make suggestions and recommendations to you about services that may be of interest to you, which will include the use of social media. Use of methods of promotion on social media, both organic and ‘paid’ methods (such as a promoted tweet).	Identity Contact Technical Usage Profile	Necessary for our legitimate interests (to develop our products/services and grow our business)

Marketing

Marketing details from us
We may use your Identity, Contact and Technical data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).

You will receive marketing communications from us if you have requested information from us or used our services and, in each case, you have not opted out of receiving that marketing.

To enable us to personalise the content and advertising you see (including on social media), we may use your interaction and browsing behaviour or preferences (such as how and what you read on our websites and our apps) to create audience profiles. This is to enable content and message personalisation, and in some cases, advertising to be delivered to you or a group of users (an audience) with similar interests to you. This can be done both on our site and on those of third parties. Please see our Cookie Policy for more information.

We may analyse your individual information to create a profile of your interests and preferences as a part of an audience. These insights are used to help us make marketing decisions so that we can ensure our messages are relevant to you. There are times we may use additional information available from external sources to help us do this effectively. We do not allow opt out of our audience profiling activity.

We may also work with third parties to identify individuals who may be interested in our products and services or in some cases our sponsors / advertisers’ products and services. These third parties may give us access to your personal information, if you have allowed them to do so. In any communication you receive from us, through these third parties, we make sure to identify ourselves (and them) so that you know who has access to your information.

Third-party marketing
We may periodically make such information (except for credit card number and expiration date, unless you consent otherwise), including aggregated information, available to selected third parties including but not limited to, those who trade or rent information for direct marketing purposes.

However, without your consent, we do not make your, or your gift or message recipient’s, email addresses available to third parties (except to our Affiliates, subcontractors or agents acting on our behalf in compliance with this privacy policy) or any successor business.

Occasionally, we may require a consumer to take part in events, projects or videos. In these cases, subject to any terms we agree with you separately, you grant us a global right to use your name, address, picture, likeness, voice, biographical information and statements for advertising, trade, publicity, and promotional purposes in all media now known or discovered afterwards and on the internet.

Opting out
You can ask us to stop sending you marketing messages at any time by contacting us at any time. You can update your preferences for your Munchkin account at any time via your online account at munchkin.com or by contacting us on the details below.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of providing our services to you.

Cookies
You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly.

Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

5. Disclosures of your personal data

We routinely share data with:

Third parties who assist us in providing our services, which include (but is not limited to) specialist payment processors, online account management providers (include resetting of passwords), marketing platform providers, companies who assist us to launch and test new products, statistical analysists.
our banks;
our insurers and brokers;
regulatory bodies and law enforcement agents;

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

In addition we may share your data with third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.

6. International transfers

As the internet is a global environment and we work with third parties across the globe, collecting and using your personal information may involve the transfer of this information internationally, including outside of the European Union. By using our products and services you acknowledge and agree to your personal information being transferred in this way, including to jurisdictions outside the EEA.

Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe;
Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

7. Data security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

Portions of the Website (such as our Member registration and Address Book) may require registration and log-in processes in which you will select a user ID and password (collectively, the "Password"). Any Password provided to you will be the exclusive property and confidential information of ours and may be used by you solely for your individual use of this Website. You are responsible for maintaining the confidentiality of any Password provided to you. All activities that occur using your Password are your responsibility, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your Password or accounts.

8. Data retention

How long will you use my personal data for?
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for seven years after they cease being customers for tax purposes.

YOUR LEGAL RIGHTS
You have 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.

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.

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. You also have the right to object where we are processing your personal data for direct marketing 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.

Request the transfer of your personal data to you or to a third party. We will 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 withdraw your consent.

No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

9. Glossary

LAWFUL BASIS
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.