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Colorado Privacy Rights

Effective/Updated as of August 29, 2023

This Colorado Privacy Policy supplements and amends the information contained in our Privacy Policy and Terms of Use (https://www.fye.com/about/terms.html) as set forth above. 

2428392, Inc. (FYE, Alex Baby and Toys, Coconuts, SamGoody and Suncoast Video ), (collectively, “Company,” “us,” or “we”), is committed to protecting the privacy of certain data that is collected about you.  This Colorado Privacy Policy (“Policy”) applies solely to individuals, visitors, users, and others who are residents of the State of Colorado (“consumers” or “you”) and describes our policies and practices regarding the collection, use, and disclosure of personal information we collect about you, including personal information you submit or we obtain when you access the Company website or websites, apps, or other online media under our operation and control (collectively, the “Site”), as well as certain other personal information relating to you.  This Colorado Privacy Policy is adopted to comply with the Colorado Privacy Act (“CPA”). Any terms defined within the CPA have the same meaning when utilized within this Colorado Privacy Policy.  Please read this carefully.

Changes to this Policies and Terms. We reserve the right to change this Colorado Privacy Policy at any time. Changes will be effective immediately upon posting to the Site and will apply to your use of the Site 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.

Information We Collect. As you are probably aware, we may collect personal information in a variety of categories to carry out our business, operate the Site, comply with the law, and other purposes described in the CPA.

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 website;

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, MAC address of your personal devices

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

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;
  • 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: 2428392, Inc. uses your IP address to help diagnose problems with our server and to administer our website. 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

Consumer Rights. 

Right to Access

You have the right to request what personal data the Company has collected about you. This means you have the right to request (up to twice a year) that we disclose to you the personal information we have collected about you. This includes:

  1. the categories and specific personal information we have collected about you 
  2. the categories of sources of this information 
  3. the purpose for which this information was collected
  4. the categories of third parties with whom this information was shared 
  5. the categories of personal information we disclosed to a third party, 
  6. 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

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

You have the right to opt out of targeted advertising

You have the right to opt out of automated profiling

Right to Appeal

Colorado law requires that we establish a process for you to appeal any decision to decline to take action on specific requests. 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, 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) business days of receipt, but we may require up to ninety (90) business days to respond, under which circumstances we will notify you of the need for an extension