Privacy policy

Effective/Updated as of August 29, 2023 

We at 2428392, Inc. (hereafter referred to as “Company,” “we,” “us,” or “FYE”, which includes the brands FYE, Alex Baby and Toys, Coconuts, SamGoody and Suncoast Video) have created this privacy statement in order to demonstrate our firm commitment to individual privacy. The information you share with FYE allows us to provide the products and services you need and want while giving you the very best shopping experience. 

Changes to this Policy: We reserve the right to change this  Privacy Policy at any time. Changes will be effective immediately upon posting to our websites and will apply to your use of our websites and the Company’s practices concerning personal information after the “Effective Date” listed above.  We will include a notice on our website homepage at the time of any such change.

The following discloses our information gathering and dissemination practices for our stores and our websites.

This Policy covers how and why we collect, use, share, and protect your personal information:

  • Within our retail stores in the United States
  • On our websites

Personal information (PI) is information that identifies you or reasonably can be linked to information that identifies you. For example, when you place an order online, we collect personal information, such as name, address, phone number, and email address.


What Type of Information Do We Collect?

We collect information from you in a variety of ways when you interact with our stores and  websites.

We collect two types of information: (1) information you share with us and (2) information we obtain through technology, such as through a cookie placed on your computer when you visit our websites. Our goal is to limit the information we collect to the information needed to support our business while providing information and products relevant to you.

Information You Share With Us 

You share information with us in various ways in our stores and online. For example, you share information when you: 

  • Make an in-store or online purchase or return, or other transaction, with us;
  • Create an account on one of our websites;
  • Participate in our programs, such as Loyalty or Magazine subscriptions;
  • Conduct a transaction where we are required to collect information by law (such as a Used Buyback);
  • Request customer service or contact us;
  • Post a review or comment on one of our social media pages, or post a rating, review or other user-generated content on one of our websites;
  • Participate in a contest, sweepstake, promotion, or survey; 
  • Apply for employment at any of our locations

When you engage in these activities, you may share different types of personal information with us, such as your name, email address, physical or postal address, phone number, date of birth, and payment information.

Information We Obtain Through Technology 

You also provide us information in other ways through technology.  Some of this information may be linked to you personally. This information helps our websites work correctly and/or supports our customer marketing and analytics efforts – our work to understand our customers’ needs and provide information about our products. Here are some examples:

  • Device Information: FYE. uses your IP address to help diagnose problems with our server and to administer our web site. Your IP address is used to help identify you and your shopping cart and to gather broad demographic information.
  • Browsing Information: Our site uses cookies to keep track of your shopping cart. We use cookies to deliver content specific to your interests.
  • Facility Cameras: We operate cameras in some of our stores for security and operational purposes, for example, to help us improve the design of our stores to better serve our customers.   

How Do We Use Your Personal Information?

We use your personal information to provide you products and services, such as to fulfill your requests for products or to help us personalize our offerings to you. We also use your personal information to support our business functions, such as fraud prevention, marketing, and legal functions.

Some examples include:

  • To fulfill your requests for products and services and communicate with you about those requests; 
  • To register and service your account;
  • To administer contests, promotions, and surveys;
  • To provide customer service and alert you to product information;
  • To help us personalize our offerings, websites, and advertising;
  • To help us improve your experience in our stores and through our websites;
  • To send you information about our products and promotions;
  • To respond to reviews, comments, or other feedback you provide us;
  • To protect the security and integrity of our websites
  • To perform analysis to better understand our customers.

We allow customers to create an account on our websites.  This allows the customer to simplify his or her purchase process at any FYE site.  All the information that a customer may supply when creating an online account will be held in the strictest confidence.  It will be used simply to manage the payment of orders and shipping of same by us or by third party marketing and order fulfillment partners with whom you have elected to do business. 

How Do We Share Your Personal Information Outside of FYE?

We will not sell your personal information, except in the event all or a part of our business is merged, sold or reorganized. 

Your personal information may be stored and processed by our service providers in the United States or other locations where the service providers maintain facilities.

We will not share your personal information outside of FYE, except in the following circumstances:

Marketing

From time-to-time, we may run contests in which we ask customers for contact information (like your e-mail address) and demographic information (like your zip code, age or income level).  We use contact data from our contests to send users information about FYE and promotional material from some of our partners.  The customer’s contact information is also used to contact the customer when necessary. Users may opt-out of receiving future mailings.

Demographic information (like your zip code, age, or income level) and profile data may also be collected on our websites. We use this data to tailor the visitors' experience at our site, showing them content that we think they might be interested in and displaying the content according to their preferences. This is designed to enhance the shopping experience.
In some instances, we may share some of this information with certain Marketing Partners.

Magazine Subscriptions

If you are subscribing to a free magazine trial, we collect specific information including your name, address, phone number, email address and date of birth and share this with our partner, along with your credit card information for future billing.  We require your signature to confirm this transaction.

Loyalty Enrollment

If you are subscribing to our subscription loyalty program (Backstage Pass VIP), we collect specific information including your name, address, phone number, email address and date of birth and share this with our partner, along with your credit card information for future billing.  We require your signature to confirm this transaction.

If you are subscribing to our annual loyalty discount program (Backstage Pass Platinum), we collect specific information including your name, address, phone number, email address and date of birth.

Collection of personal information related to Loyalty is used primarily to provide discounts and promotional offers to active members.

Product Delivery & Financial Payments

We share personal information about you with service providers that help with our business activities, including shipping vendors, billing and refund vendors, payment card processors, and companies that help us improve our products and services. We require our service providers to keep your personal information secure. We do not allow our service providers to use or share your personal information for any purpose other than providing services on our behalf. Your personal information may be stored and processed by our service providers in the United States or other locations where the service providers maintain facilities.

Financial information that is collected is used to check the FYE Partners' qualifications for registration and to bill customers for products and services. Unique identifiers  are collected to be used only in the reporting of income tax when the FYE. Partner may have received in excess of $600.00 during a fiscal year. (This amount is subject to change by the Federal Government of the United States.) 

Products and Services Offered by Other Businesses

We will sometimes enable other businesses to make their products or subscription service available to our customers. You may purchase products or subscribe to services from these other businesses at our stores or through our websites. When you agree to purchase these products or enroll in a subscription or service, we identify the other business and share with this business personal information related to your purchase of their products or subscription service. 

Legal Requirements and Protection of Our Company and Others

We may share your personal information in other special circumstances, which include situations when sharing is required by law, or we believe sharing will help to protect the safety, property, or rights of FYE, our customers, our associates, or other persons. Examples include: 

  • Protecting the health or safety of customers;
  • Addressing crimes committed on FYE property;
  • Identifying and addressing fraud or financial risk;
  • Providing personal information collected during a used buy back to regulatory agencies as required by law;
  • Providing personal information from cameras to law enforcement at their written request;
  • Responding to a search warrant or other valid legal inquiry; and 
  • Responding to an investigative body in the case of a breach of an agreement or violation of law.

Business Transfers

In the event that all or a part of our business is merged, sold or reorganized (including transfers made as a part of insolvency or bankruptcy proceedings), personal information about you could be shared with the successor business. We will use reasonable measures to help ensure that any successor treats your information in accordance with this Policy. 

Opt Out

Our site provides users the opportunity to opt out of receiving communications from us and our partners at the point where we request information about the visitor. However, please understand that even if you have previously opted out, but later consent to sharing your information by accepting a third party's marketing offer, we will share your contact and billing information with that specific third party.  In addition, any marketing material you receive from FYE will contain the ability to unsubscribe, resulting in your email removal from that marketing campaign.

Links 

Pages on our websites may contain links to other sites. FYE is not responsible for the privacy practices or the content of such  websites.  Please refer to the terms of service on each website for details.  
https://www.fye.com/about/terms.html


How Do We Secure Your Personal Information? 
The security of your data is of utmost importance to FYE  Read below to learn about our security guarantee.

Our #1 priority is making sure you can shop safely in our stores and on our websites. Our Secure Shopper Guarantee protects you against unauthorized charges on your credit card. If your credit card company holds you liable for any unauthorized charges to your account resulting from your online purchases on our website, your liability will be covered up to $50. By federal law, your credit card company will protect you against unauthorized purchases over $50. In the event of unauthorized use of your credit card, you must notify your credit card company in accordance with its reporting rules and procedures. To contact us regarding an unauthorized charge on your credit card please visit the https://www.fye.com/contactus page.

We recognize the importance of maintaining the security of our customers’ personal information. We use reasonable security measures, including physical, administrative, and technical safeguards to protect your personal information.

Whether you are shopping on our websites or in our stores, we use reasonable security measures, including physical, administrative, and technical safeguards. These measures may include security access controls or other physical security safeguards, information security technologies and policies, procedures to help ensure the appropriate disposal of information, and training programs.  

Here are some examples of security measures we use to protect your personal information:  

  • Passwords are required to access your online account and help to protect your account information. Please keep this password confidential.
  • Encryption technology, called Secure Sockets Layer (SSL), helps to protect personal information in certain areas of our websites and store networks during transport across the Internet. When on our websites, the presence of SSL encryption may be indicated by https in the browser URL or the image of a closed lock or solid key in the browser window. 
  • For payment card information, we use secured networks, encryption or other protection of cardholder data, physical and technical access controls, monitoring and tests of security systems, and other information security practices to help protect your information.

If you need to access your personal information related to a subscribed product/service provided to you by a FYE partner,  we will refer you to that partner.

 

Information We Collect. We may collect personal information in a variety of categories to carry out our business, operate our websites, or comply with various laws .

This notice describes the categories of personal information (“PI”) we collect, or have collected, in the preceding 12 months and the purposes for which such PI may be used.

Categories of Personal Information Collected

Purposes Personal Information is Used.

Identifiers. Examples include real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol internet protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers.

To fulfill your requests for products and services and communicate with you about those requests;

To register and service your account;

To administer contests, promotions and surveys;

To provide customer service and alert you to product information;

To help us personalize our offerings, websites and advertising;

To help us improve your experience in our stores and through our websites;

To send you information about our products and promotions;

To respond to reviews, comments, or other feedback you provide us;

To protect the security and integrity of our websites;

To perform analysis to better understand our customers

To report transactional information as required by law to certain regulatory agencies

To evaluate potential employees

Other elements. Examples include name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, education, employment, employment history, credit card number, debit card number, or any other financial information.

To fulfill your requests for products and services and communicate with you about those requests;

To register and service your account;

To administer contests, promotions and surveys;

To provide customer service and alert you to product information;

To help us personalize our offerings, websites and advertising;

To help us improve your experience in our stores and through our websites;

To send you information about our products and promotions;

To respond to reviews, comments, or other feedback you provide us;

To protect the security and integrity of our websites;

To perform analysis to better understand our customers

To report transactional information as required by law to certain regulatory agencies

To evaluate potential employees

Characteristics of protected classifications under California or federal law.

 

Biometric information.  Example includes fingerprint.

For regulatory reporting purposes in select stores as required by law.

Internet or other electronic network activity. Examples include browsing history, search history, a consumer’s interaction with an internet website, application, or advertisement.

To help diagnose problems with our server and to administer our websites;

To help identify you and your shopping cart to gather broad demographic information;

Uses cookies to keep track of your shopping cart and to deliver content specific to your interests;

In-store cameras are used for security and operational purposes in certain stores to help us improve the design of our stores to better serve our customers;

To evaluate potential employees

Geolocation data.

To help identify you and your shopping cart to gather broad demographic information;

Audio, electronic, visual, thermal, olfactory, or similar information.  This includes device information such as your internet protocol address “IP address”, browsing history “cookies”, in-store video cameras

To help diagnose problems with our server and to administer our websites;

To help identify you and your shopping cart to gather broad demographic information;

Uses cookies to keep track of your shopping cart and to deliver content specific to your interests;

In-store cameras are used for security and operational purposes in certain stores to help us improve the design of our stores to better serve our customers;

To evaluate potential employees

Professional or employment-related information.

To evaluate potential employees

To fulfill your requests for products and services and communicate with you about those requests;

To register and service your account;

To administer contests, promotions and surveys;

To provide customer service and alert you to product information;

To help us personalize our offerings, websites and advertising;

To help us improve your experience in our stores and through our websites;

To send you information about our products and promotions;

To respond to reviews, comments, or other feedback you provide us;

To protect the security and integrity of our websites;

To perform analysis to better understand our customers

To report transactional information as required by law to certain regulatory agencies

Education information. This includes information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (20 U.S.C. section 1232g, Sec. 1232g; 34 C.F.R. Part 99).

To perform analysis to better understand our customers

To evaluate potential employees

Consumer profile. This includes inferences drawn from any of the information identified above to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

To administer contests, promotions and surveys;

To provide customer service and alert you to product information;

To help us personalize our offerings, websites and advertising;

To help us improve your experience in our stores and through our websites;

To send you information about our products and promotions;

To respond to reviews, comments, or other feedback you provide us;

To protect the security and integrity of our websites;

To perform analysis to better understand our customers

To evaluate potential employees

The Company may add to the categories of PI it collects and the purposes it uses PI. In that case, the Company will inform you.

The above categories of PI are or were collected from the following categories of sources:

Information you share with us

You share information with us in various ways in our stores and online. For example, you share information when you: 

  • Make an in-store or online purchase or return, or other transaction, with us;
  • Create an account on one of our websites;
  • Participate in our programs, such as Loyalty or Magazine subscriptions;
  • Conduct a transaction where we are required to collect information by law (such as a Used Buyback);
  • Request customer service or contact us;
  • Post a review or comment on one of our social media pages, or post a rating, review or other user-generated content on one of our websites;
  • Participate in a contest, sweepstake, promotion, or survey;
  • Apply for employment at any of our locations

When you engage in these activities, you may share different types of personal information with us, such as your name, email address, physical or postal address, phone number, date of birth, and payment information.

Information we obtain through technology

You also provide us information in other ways through technology.  Some of this information may be linked to you personally. This information helps our websites work correctly and/or supports our customer marketing and analytics efforts – our work to understand our customers’ needs and provide information about our products. Here are some examples:

  • Device Information: FYE uses your IP address to help diagnose problems with our server and to administer our web site. Your IP address is used to help identify you and your shopping cart and to gather broad demographic information.
  • Browsing Information: Our site uses cookies to keep track of your shopping cart. We use cookies to deliver content specific to your interests.
  • Facility Cameras: We operate cameras in some of our stores for security and operational purposes, for example, to help us improve the design of our stores to better serve our customers.   

The above categories of PI are shared with the following categories of third parties:

  • Transaction Processing Partners (i.e. credit card processors)
  • Business Partners - this includes companies that we partner with to provide you with services you subscribe to (i.e. loyalty subscription, magazine subscription).  This also includes companies with partner with to administer marketing programs/surveys as well
  • Regulatory/Law Agencies

The Company has not sold any PI in the preceding 12 months.

The Company has disclosed for a business purpose the following categories of PI in the preceding 12 months:

  • Identifiers
  • Other Elements
  • Biometric Information
  • Internet or other electronic network activity.
  • Geolocation Data
  • Audio, electronic, visual, thermal, olfactory, or similar information.
  • Consumer Profile
Specific State Privacy Rights

Pursuant to the laws in California, Colorado, Connecticut and Virginia, and as detailed below, Consumers in these states have various rights with respect to their personal information.  

Right to Know

You have the right to request what personal data the Company has collected about you. This means you have the right to request that we disclose to you the personal information we have collected about you. Depending on the specific state, there may be a limit to the number of times you may make a request.  This includes:

  • the categories and specific personal information we have collected about you 
  • the categories of sources of this information 
  • the purpose for which this information was collected
  • the categories of third parties with whom this information was shared 
  • the categories of personal information we disclosed to a third party, 
  • and the categories of third parties with whom we shared that information.

Right to Correct

You have the right to request that we correct certain personal information which the Company has collected. If you make a correction request we may correct or simply delete that information as permitted by law.

Right to Delete

You have the right to request that we delete certain personal information that we have collected. 

Right to Opt-Out of Sale

You have the right to opt-out of the sale of your personal information.

Additional Rights by State are listed below:

California Residents

Residents of the state of California should refer to our California Privacy Rights for additional information about our privacy policy and their California privacy rights.

Colorado Residents

Residents of the state of Colorado should refer to our Colorado Privacy Rights for additional information about our privacy policy and their Colorado privacy rights.

Connecticut  Residents 

Opt-Out of Targeted Advertisements

You have the right to opt out of Targeted Advertising as defined by Connecticut law.

Right to Appeal

Any time we decline to take action regarding your request we will provide justification for declining and instruction on how to appeal that decision.

Virginia Residents

Opt-Out of Targeted Advertisements

You have the right to opt out of Targeted Advertising as defined by Virginia law.

Right to Appeal

Any time we decline to take action regarding your request we will provide justification for declining and instruction on how to appeal that decision.

Submitting Consumer Rights Requests

To submit any of the Consumer Rights requests as outlined above or within a specific state privacy policy, you can submit a request with the required information at the following website:

https://www.fye.com/data-subject-request

You may also call 888-914-9661, Pin: 733 636

We reserve the right to only respond to verifiable consumer requests.  A verifiable consumer request is one made by any individual who is:

  1. the consumer who is the subject of the request,
  2. a consumer on behalf of the consumer’s minor child, or
  3. by a natural person or person registered with the Secretary of State authorized to act on behalf of a consumer.
If the Company requests, you must provide us with sufficient information to verify your identity and/or authority to act on behalf of a Consumer. Additionally, you will need to describe your request with sufficient detail to allow us to review, understand, assess, and respond.  PI collected from an individual to determine whether a request is a verifiable consumer request may not be used for any other purpose. We will endeavor to respond to a verifiable consumer request within forty-five (45) days of receipt, but we may require up to ninety (90) days to respond, under which circumstances we will notify you of the need for an extension