EEA PRIVACY POLICY

Effective Date: 4/30/2018

Welcome to the RadioFlyer.com website, which is owned and operated by Radio Flyer, Inc. (“Radio Flyer” or “we”). This Privacy Policy applies to the information that we collect from individuals in the EEA (“EEA Individuals” or “you”) through RadioFlyer.com website, as well as any and all other websites, mobile sites, mobile apps, widgets, and online and mobile services that we may offer to EEA individuals 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 you when you use 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. PERSONAL DATA WE COLLECT AND PROCESS

Personal Data: is any information that identifies, or can be used to identify, 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 Personal Data to us. However, to the extent you voluntarily provide Personal Data to us, we collect such information.

When you use the Radio Flyer Services, we collect and use your Personal Data in the following ways:

Categories of Personal Data Source of Personal Data Purpose of Processing Legal Basis for Processing
Name, shipping address, billing address, phone, number, email address, and payment information. You Process and fulfill your transaction with us, including communicating with you regarding your purchase and providing you with customer service The processing is necessary for the performance of a contract (i.e., your purchase or other transaction).
Name, email address, address You Verify, process, and respond to your registration request The processing is necessary for the performance of a contract (i.e., your request to register your product).
Email address You Enable and manage your product review The processing is done pursuant to your consent.
Name, email address You Respond to and communicate with you regarding your request or inquiry The processing is necessary for our legitimate interests to assist with and respond to your request or inquiry.
Name, shipping address, billing address, phone, number, email address, and payment information. You Process, administer, and communicate with you regarding your participation in any promotion for which you register The processing is done pursuant to your consent.
Name, email address, date of birth, zip code You Contact you with marketing and promotional information about our products, services, special deals, offers, promotions, coupons, discounts, etc. that may be of interest to you The processing is done pursuant to your consent.
Name, email address, home address, phone number You Contact you regarding matters of a transactional or relationship nature or as required by law, such as notifying you of a material change in this Privacy Policy or Terms, or notifying you of an actual or suspected security breach This processing may be pursuant to a legal obligation or necessary for our legitimate interests to keep you informed about important transactional or relationship matters.

We also may collect information that cannot be used to identify you, such as information that we collect about user activities on the Radio Flyer Services. For example, we collect anonymous group data (demographics, interests and preferences, etc.) and 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. (collectively “User Activity Information”). User Activity Information may be collected through cookies and web beacons. See Section 4 Cookies and Similar Technologies below for more information.

We reserve the right to use User Activity Information that is not personally identifiable for any purpose permitted by law. For example, we may make unlimited use and disclosure of User Activity Information that is not personally identifiable for our own and third-party marketing, advertising, research, and other business purposes. To the extent we use User Activity Information 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 Personal Data.

2. SHARING PERSONAL DATA WITH THIRD PARTIES

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

  • Service Providers: We may obtain services from third parties to help us operate the Radio Flyer Services, such as processing credit card payment, fulfilling orders, delivering customer service and support, and providing technical support, data analyses, data storage, and security. To the extent a third-party service provider requires access to Personal Data in order to perform services for us, we will share the Personal Data with that provider. We require that our service providers to limit their use of Personal Data solely to providing services to us. We also require service providers to maintain the confidentiality, security and integrity of Personal Data and not to make unauthorized use or disclosure of the Personal Data.
  • As Necessary or Required by Law: We may disclose Personal Data 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.
  • As a result of a Corporate Transaction:If Radio Flyer is involved in a merger, acquisition, financing, or sale of business or assets, Personal Data 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.

Note that when you decide to post Personal Data publicly on the Radio Flyer Services, you are sharing your Personal Data with anyone who has access to or uses the Radio Flyer Services. Examples include when you voluntary post a personal photo in the “Photo Album” area of the RadioFlyer.com website or your voluntary disclosure of Personal Data in a publicly posted comment, product review, story, profile, etc.

3. DATA SUBJECT RIGHTS

You have certain rights with regard to the Personal Data that we maintain about you:

3.1 Right of Access:You may request details of your Personal Data that we hold. We will confirm whether we are processing your Personal Data and we will disclose supplementary information including the categories of Personal Data, the sources from which it originated, the purpose and legal basis for the processing, the expected retention period, and the safeguards regarding Personal Data transfers to non-EEA countries, subject to the limitations set out in applicable statutes, regulations and other laws.

3.2 Right of Correction: We will comply with your request to edit and update incorrect Personal Data promptly.

3.3 Right to be Forgotten: At your request, we will delete your Personal Data promptly if:

  • it is no longer necessary to retain your Personal Data;
  • you withdraw the consent which formed the basis of your Personal Data processing;
  • you object to the processing of your Personal Data and there are no overriding legitimate grounds for such processing;
  • the Personal Data was processed illegally; or
  • the Personal Data must be deleted for us to comply with our legal obligations.

We will inform any third parties we might have shared your Personal Data with of your deletion request. We may decline your request for erasure if we are permitted to or required by applicable law.

3.4 Right to Restrict Processing of your Personal Data: At your request, we will limit the processing of your Personal Data if:

  • you dispute the accuracy of your Personal Data;
  • your Personal Data was processed unlawfully and you request a limitation on processing, rather than the deletion of your Personal Data;
  • we no longer need to process your Personal Data, but you require your Personal Data in connection with a legal claim; or
  • you object to the processing pending verification as to whether an overriding legitimate ground for such processing exists.

3.5 Right to Data Portability: At your request, we will provide you free of charge with your Personal Data in a structured, commonly used and machine readable format, if:

  • you provided us with Personal Data;
  • the processing of your Personal Data is based on your consent or required for the performance of a contract; or
  • the processing is carried out by automated means.

3.6 Right to Object: Where we process your Personal Data based upon our legitimate interest then you have the right to object to this processing.

3.7 Right not to be Subject to Decisions based solely on Automated Processing: You will not be subject to decisions with a legal or similarly significant effect (including profiling) that are based solely on the automated processing of your Personal Data, unless you have given us your explicit consent or where they are necessary for a contract with us.

3.8 Right to Withdraw Consent: When you have provided consent for us to processes your Personal Data for a particular purpose, you have the right to withdraw any consent. If you withdraw your consent, this will not affect the lawfulness or our collecting, using and sharing of your Personal Data up to the point in time that you withdraw your consent. Even if you withdraw your consent, we may still use your information that has been fully anonymized and does not personally identify you. Your right to withdraw consent extends to opting out of receiving marketing communications from us.

3.9 Right to Complain to a Supervisory Authority: If you are not satisfied with our response, you have the right to complain to or seek advice from a supervisory authority and/or bring a claim against us in any court of competent jurisdiction.

If you wish to contact us in connection with the exercise of your rights listed above, please email us at customerservice@radioflyer.com. 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. 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 email you previously received from us.

We will respond to your requests as soon as possible and no later than 30 days from receiving it. Unless stated otherwise, we will not charge you any fee in connection with the exercise of your rights.

4. COOKIES AND SIMILAR TECHNOLOGIES

4.1 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.

While we may change the cookies we use from time to time, we generally use the following cookies on the Radio Flyer Services:

Cookie Description
frontend Standard Magento cookie, holds the user’s session id for retrieving cart/checkout data, logged in state, etc.
__utma, __utmb, __utmc, __utmt, __utmz Cookies used by Google Analytics
popupData, popup_ids Used by popup function, drops cookie after user receives popup and tracks time since each popup was last seen.
BVID, BVSID, BVBRANDID, BVBRANDSID Cookies used by Bazaarvoice

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.

4.2 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 Radio Flyer, and we make no representation or warranty whatsoever about third-party advertisers’ data policies and practices. To learn more about Third-Party Advertisers and how to opt out of their use of your information, please visit: http://www.aboutads.info/choices/

4.3 Use of Google Analytics: As described above, 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.

4.4Controlling Cookies: You can control the cookies you receive by adjusting the settings of your internet. Typically, such information can be found under the browser’s ‘Help’, ‘Preferences’ or ‘Options’ menus. If you disable cookies, some of the features of the Radio Flyer Services may not function properly.

5. DATA RETENTION

Generally, we retain your Personal Data only for as long as you maintain a relationship with us. However, you understand and agree that we may maintain your Personal Data 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), to complete a pending transaction, to resolve a claim or dispute, or to enforce an applicable agreement between you and Radio Flyer.

6. 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, including your Personal Data, 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 Personal Data to us, you consent to the processing of Personal Data in the United States. We will endeavor to protect your Personal Data in compliance with the applicable data protection laws of your country.

7. SECURITY

We implement appropriate technical and organizational safeguards to protect the Personal Data we maintain about you. For example, 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. We also have information security policies and procedures that are designed to protect your Personal Data.

Although we use appropriate measures to safeguard your Personal Data, no absolute security can be guaranteed. It is important for you to take steps to protect your Personal Data from unauthorized access to or use of your Personal Data.

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 Personal Data we maintain about you.

8. 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 18 Radio Flyer does not knowingly collect Personal Data from children under the age of 18. If we discover or receive notice that any Personal Data we have received is provided by an underage child, we will promptly delete such Personal Data 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 Data to us. However, certain features do require users to submit Personal Data to us, such as 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. For those features, we have implemented an age gate in order to prevent the collection of Personal Data 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 Data about their children in such areas.

9. 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 Data to that third party.

12. MODIFICATIONS TO THE PRIVACY POLICY

When we update this Privacy Policy, we will announce and post such changes on the Radio Flyer Services. If we have a way of contacting you, we may also notify you of such changes via email or postal mail. When required by applicable law, we will obtain your consent to these changes. By continuing to use the Radio Flyer Services after such notice and/or consent, you agree to be bound by the 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: Customer Service
6515 W. Grand Avenue, Chicago, IL 60707
customerservice@radioflyer.com

DM_US 59755906-1.091161.0012

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