Jay Companies (“we”, “our”, “us”) protects the Personal Information (defined below) you provide and that we otherwise collect as set forth in this Privacy and Security Policy (“Policy”). Please read this policy carefully. By providing Personal Information to us directly or by using any of the features at www.jaycompanies.com ("Site") you agree with the terms of this Policy.
This Policy describes, among other things:
- The Personal Information (as defined below) we collect about you
- How we use the Personal Information we collect
- The categories of third parties with whom we share Personal Information
- Your right to review and correct Personal Information we have collected about you
- What we do to protect Personal Information we have collected about you
- Your right to opt-out of commercial email
- How we interact with linked sites
- Specific terms applicable to California residents
- Specific terms applicable to residents of EU member countries
This Policy applies only to Personal Information. It does not cover data we collect that cannot be used to identify an individual or to pseudonymous data. Nor does it include encoded or anonymized information or aggregated data which we collect or create about a group or category of services, features or users which does not contain personally identifying information. We reserve the right to share aggregate, encoded, or anonymized information with potential partners or other third parties without restriction.
What is Personal Information?
For the purposes of this Policy, “Personal Information” is your first and last name, your email address, your home or other physical address, including a street name and name of a city or town, your telephone number, payment or financial information, and any other identifier that permits us to contact you and/or other information that we maintain that could be used to identify you if combined with any of the above.
Why do we Collect Personal Information?
We collect and process Personal Information to improve our products and services, to deliver them to you, to perform obligations under contracts we have with you, to comply with our own legal obligations and for other purposes as described below. This includes to send you information you have requested or authorized us to send to you about our products and services. If you do want to receive communications from us, you can use the opt-out process outlined below and, if you want to review, correct, or remove Personal Information we have collected, you can do so by following the steps outlined below.
When do we Collect Personal Information?
When you interact with us by using the Site, calling our call center or customer service desk, sending us physical or electronic mail, or linking to us via a social site like Instagram, we may collect and use Personal Information that you provide and that we obtain by automated means. For example, we collect Personal Information when you (a) purchase, order, attempt to return, attempt to exchange, register or request information about our products and services; (b) request warranty or tax exempt information; (c) set up an account or, if applicable, enter into a contest or sweepstakes, or participate in a program we offer; (d) respond to one of our surveys; and (e) provide us with comments or suggestions about our products or services.
What Personal Information do we Collect?
Information You Provide to Us: We will collect and store any Personal Information you provide to us, except that we will not store payment card numbers and other financial transaction data, except as necessary to process your payment. For example, to create a user account for the Site ("Account") we ask you to provide an email address, username, date of birth, and country of residence. We may also ask you to provide other Personal Information in connection with other features on the Site and if you choose to provide it, we will collect and store it in accordance with this Policy. Please note: it is your choice to provide us with this information. If you decide not to provide the information, you will not be able to set up an Account or use some of the other features of the Site. But, you may choose to access and use the Site as a guest (without providing us with your name and similar information), in which case we do not collect that information, although we may collect other information as described in this Policy.
Automated Collection: We automatically receive and store certain types of Personal Information when you visit the Site, such as the name of the domain and host from which you access the Internet; the IP address of the computer you are using and the browser and operating system you are using; the date and time you access the Site; the Internet address of the website from which you linked to the Site; any search terms you used to find the Site; the device identifiers and mobile and network information, and your actions on the Site. This information will be treated as Personal Information if we combine or link it to any of the identifying information above. Otherwise, this information constitutes aggregate information.
Credit Card Information:When you purchase products using a credit card or debit card, we will collect your credit or debit card information and keep a history of your purchases. We use this information to process your orders, to ensure proper delivery, to better assist you when you visit the Site or when you call us, as well as to improve our product and service offerings. Credit and debit card data is transferred over a Secured Sockets Layer (SSL) line if you are using a SSL enabled browser such as Microsoft Internet Explorer, Firefox, Safari, or Google Chrome. We also use SSL on other select pages where you enter Personal Information. This ensures that your Personal Information is encrypted as it travels over the Internet. This secure mode is enabled before any such information is transmitted from your computer. You will know you are in secure mode when the padlock or key icon in the lower right-hand or left-hand corner of the computer screen appears in the locked position. In addition, when accessing a secure server, the first characters of the site address will change from http to https. After information reaches us it is stored on a secure server that resides behind firewalls designed to block unauthorized access from outside Jaycompanies.
Returns and Refunds:When you return previously purchased merchandise or request a refund or exchange under our return policy, you may be asked to give your name, address, telephone number and provide other information that identifies you, such as your driver’s license. We collect this information to help prevent fraud.
Call Center:When you call our call center about a product, delivery, a billing question or for customer service, you may be asked for information that identifies you along with additional information we need to help us promptly answer your questions, such as your name, email information, mailing address and a telephone number where we might contact you. We may retain this information to assist you in the future, to meet our contractual obligations (if any) to you, to provide you with information about our products and services, to comply with applicable laws, or for legitimate business needs.
Cookies and Web Beacons:The Site uses a technology called “cookies” to help facilitate transactions on the Site. A cookie is an element of software code that the Site can send to your browser, which is then stored on your hard drive so we can recognize you when you return. Should you decide not to accept cookies from our Site, you will limit the functionality we can provide when you visit our Site. Third parties may place anonymous cookies on your browser and may send their own cookies to your cookies file, which may allow personalized retargeting technology and service of personalized banners to enhance your shopping experience. The Network Advertising Initiative (NAI) consumer opt-out page currently located at www.networkadvertising.orglmanaging/opt_out.asp permits you to opt-out of behavioral advertising with some of the third parties whose cookies may be placed on your browser when you visit our Site. Web beacons are small pieces of data that are embedded in images on the pages of websites.
Log Data:Our web servers may collect “log data.” Log data provides aggregate information about the number of visits to different pages on the Site. We use log data for troubleshooting purposes and to track which pages people visit in order to improve the Site. We do not link log data collected to Personal Information. Third-party vendors may also collect aggregate log data independently from us.
Other Information:We may collect additional automatic information about your visit to our Site, such as time of day, browser type and version, browser language, your operating system and platform, and the Internet Protocol (IP) address used to connect your computer to the Internet. This information is used for analytical purposes and to help us provide services to our customers. We may also use this information to administer and troubleshoot our Site.
Marketing Emails:We use a third party service provider to send our marketing emails. There are no cookies in the email. However, they may contain e-tags which permit you to share the mail via social sites to which you subscribe. In addition, when you click on a link to the Site included in the email, a persistent cookie is placed on your computer. This cookie is used to measure the effectiveness of our email marketing efforts, better understand how our users navigate through the Site, and enhance user experience. To that end, we collect a variety of information about how you interact with our marking efforts, including how many times the email is opened and/or clicked, the browser type used, operating system, user email program, etc. The cookie set by our service providers will remain on your hard drive 30 days after the last time you clicked on the coded link in the email, or until you delete it.
In addition, the third parties that assist with our marketing emails may use pixel tags that help us send the email in a format you can read, to allow us to know which emails you act upon and to better target the content of future emails. We also use these tags to track the aggregate number of emails read and whether any of the links in the email were accessed.
A note about “Phishing” attacks: Jay Companies does not send emails requesting you to validate account password information or personal information such as credit card numbers. If you do receive an email that appears to come from Jay Companies and asks for this type of information please forward the email directly to Jay Companies and then delete it from your inbox.
Advertisements: We use third party service providers to serve and host our advertisements. These third parties use persistent cookies to track the number of times the Site is accessed and whether the Site was accessed from the advertisement. The cookies generated from the advertisements do not contain Personal Information and may remain on your hard drive three or more years unless you delete them. If you do not want Personal Information about you used for this purpose, you may opt-out by following the procedure described below. Note, however, that where we use a third party to provide advertising, email marketing or similar services, each such third party will have its own opt-out process, which it will manage and control. You will need to follow those procedures to opt-out of the services they provide.
How We Use Personal Information
We may use the Personal Information to:
- Improve our services and create new features and promotions
- Deliver our services to you
- Process credit card payments for purchases
- Perform obligations under contracts we have with you
- Tailor your user experience
- Develop and display third-party content and advertising tailored to your interests
- Answer your questions and send you information you have requested
- Perform research about your preferences and how you use our products and services,
- Request your feedback about how we are doing
- Communicate with you, including sending emails and newsletters, about our new games or features and other products and services that may be of interest to you
- Comply with our own legal obligations
- Enforce our Terms
- Manage our business
- Combine with information we have collected from other sources
Disclosure of Personal Information to Third Parties
General: We do not share the Personal Information provided or obtained through the Site with third parties, except as described below and as otherwise specified in this Policy. We may share Personal Information as follows:
- With the third party or third parties that perform(s) maintenance and operation of the Site on our behalf. These parties are bound by a confidentiality agreement prohibiting the unauthorized disclosure and/or use of your Personal Information.
- With other third parties that perform services or functions on our behalf, such as companies providing technological or fulfillment services, financial institutions and similar entities, all to the extent necessary to operate the Site and provide you with the features you request. All such third-parties are required by us to adhere to this Policy or to similarly restrictive privacy or confidentiality obligations. We do not authorize such third parties to use Personal Information for any other purposes.
- As we believe is necessary to comply with laws, statutes, or regulations, and/or to enforce this Policy and to protect our rights and the rights of others.
- As required by a court or government agency or to respond to a claim by you or a third party
- As part of a transfer of our assets, for example in the event of a merger, acquisition, corporate change or, in the unlikely event of a bankruptcy, involving Jaycompanies.
- As you may otherwise request or agree.
Service Providers:We use third party service providers to provide specific business support services to us which may involve limited access to Personal Information. We require these companies to use the information only to provide the contracted services and prohibit them from transferring the information to another party except as needed to provide the contracted services. Examples of such services include sending emails, conducting and administering promotions, executing surveys, providing customer service, performing business analysis, and processing payments. When we employ another company to perform a function for us, we only provide them with the information that they need to perform their specific function. We are not responsible for the actions of service providers or other third parties, nor are we responsible for any additional information you provide directly to any third parties.
Shipping: If your purchases are being shipped to you, we will collect your shipping information and share it with our delivery service providers (United Parcel Service, FedEx, U.S. Postal Service, or other delivery companies we select).
Business Transactions: We may disclose Personal Information as part of any merger, sale of company assets or acquisition, as well as in the event of an insolvency, bankruptcy or receivership. The recipient of Personal Information following such actions may have privacy policies that differ from those in this Policy. You will be notified via email and/or a prominent notice on the Site, and you may opt-out of the use of your existing information in a new manner.
Special Events: If you choose to participate in a special event (for example, a promotion, contest, or sweepstakes), we may share Personal Information with those organizations participating in the applicable event.
Third Party Links, Data and Content Serving: The Site may include links to the websites of our business partners, vendors and advertisers and content served by third parties. The inclusion of any link does not imply Jaycompanies’s endorsement of any other company, its websites, or its products and/or services. These linked websites have separate and independent privacy policies, which we encourage you to read carefully. We have no control over such websites and therefore have no responsibility or liability for the manner in which the organizations that operate such linked websites may collect, use or disclose and otherwise treat your Personal Information. Third party service providers may need access to some of your Personal Information. In such cases, we only provide third party agents with the minimum amount of information needed to complete the requested service or transaction. We may also provide your information to our affiliated companies and successors. We reserve the right to provide third parties with aggregate statistics about our clients, traffic, viewing and purchasing patterns and other site information. This data reflects site usage patterns, but does not contain personally identifiable information about any individual user. In certain circumstances, we may snare your information with service providers that need access to your information to provide operational or other support services. To ensure the confidentiality and security of your information, service providers must agree to safeguard your information in confidence.
For Commercial Use by Others: We will never sell, transfer or otherwise disclose Personal Information to any third parties for their own commercial, marketing or promotional purposes without additional communication. If we intend to collect and disclose Personal Information for such purposes, including if certain features on the Site requires such disclosure of Personal Information, we will notify you first, such as on the Site at the time we collect the Personal Information.
Other Purposes: We may use and share Personal Information for other purposes with your consent.
Disclosure: Upon request we will provide you with information about whether we hold, or process on behalf of a third party, any Personal Information about you. To request this information please contact us at [email protected]
Other Privacy Policies: Any third parties to whom we may disclose Personal Information may have their own privacy policies that describe how they use and disclose Personal Information. Those policies will govern use, handling, and disclosure of Personal Information once we have shared it with those third parties as described in this Policy. If you want to learn more about their privacy practices, we encourage you to visit the websites of those third parties.
Aggregate Information: We may disclose to third parties certain aggregate information contained in your Account or other aggregated, anonymous information (such as that collected automatically) as we deem appropriate for our internal business purposes, including improving the Site and adding or modifying features.
Commercial Electronic Message Consent
By providing your email address to us, you affirmatively and expressly consent to receiving commercial emails from us and those parties that process email communications on our behalf. These third parties may send you commercial emails in order to deliver the updates about our products, to provide you with more information about available products you have purchased, and to provide you with special offers, and other information.
We give you control over how much Personal Information you provide to us and how we are permitted to use it. The simplest way to exercise this control is to not provide us with Personal Information you do not want us to collect, store and use as set forth in this Policy. However, subject to our ability to retain certain Personal Information and our ability to disclose Personal Information, each as described above, you can also control certain aspects of how we use Personal Information we have collected about you:
- If you want to review, erase, or modify any of your Personal Information, or if you want to stop receiving promotional or commercial communications from us, you may do so by contacting us at [email protected] Please be sure to clearly indicate your contact and data privacy preferences. Also, please include the e-mail address you used when you registered with the Site and/or provided the information to help us verify your request. If, at your request, we erase Personal Information, we will also take reasonable steps to inform third parties to which we previously have disclosed the information that you request them to erase any links to or copies of that information.
- You have the right to object to use of your Personal Information for direct marketing purposes. We use Personal Information to inform you about new products and services and other news from Jaycompanies, but you may object to such use at any time.
- You may deactivate your Account or delete the personal information associated with it by contacting us at [email protected] If you do so, you will no longer have access to information and services associated with your Account.
- You have the right to object to and not receive e-mail messages from us. Each email contains a link or instructions at the bottom of the e-mail for the purpose of adjusting your e-mail subscription preferences. If you do not want to receive e-mail from us, please follow the instructions in any e-mail you receive to be removed from our e-mailing list. Please allow 10 days for us to process your request. Please understand that you may continue to receive marketing offers directly from other companies that were already in production prior to the processing of your request.
Please be aware that we reserve the right to verify the identity of any person making an opt-out or correct/update request; provided that we shall have no liability whatsoever resulting from false or erroneous requests. Note that we may retain information needed to resolve disputes, enforce our user agreements, protect our legal rights, and comply with technical and legal requirements and constraints related to the security, integrity and operation of our products. Otherwise, we will retain Personal Information about you for as long as reasonably necessary to provide you services, create and improve our products, comply with the law, and to run our business.
Links and Third Party Ads
We use reasonable technological and procedural measures to protect the Personal Information you provide and we urge you to help us protect you by selecting user names and passwords difficult to hack, by keeping your user name and password secret, and by implementing updated internet security and virus protection on your computer. We take protection of your Personal Information seriously; however, we cannot guarantee the safety or privacy of your Personal Information. You acknowledge, agree and understand that communication via the Internet, and security measures in connection with such communication, are not failsafe or foolproof, and there is always a possibility that data, including Personal Information, may be lost or intercepted by unauthorized parties during such transmission or after receipt. You agree that we shall have no liability whatsoever in connection with such lost or intercepted data.
If you suspect that your computer’s security or your information has been compromised or your password accessed or used by an unauthorized third party, please contact us immediately to have your password changed.
If we become aware of a security systems breach, we may attempt to notify you electronically so that you can take appropriate protective steps. We may post a notice through the Site if a security breach occurs. We may also send an email to you at the email address you have provided to use in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. Users should also be aware of how they handle and disclose their Personal Information and should avoid sending Personal Information through insecure email. Please refer to the Federal Trade Commission’s website at http://www.business.ftc.gov/privacy-and-security/consumer-privacy for information about how to protect yourself against identity theft.
To learn more about how to protect yourself online, we encourage you to visit the website www.onguardonline.gov.
Transfer of Personal Information Across Jurisdictional Boundaries
Your California Privacy Rights
Effective January 1, 2005, under California Civil Code Section 1798.83, if an individual who is a California resident has provided Personal Information to a business in connection with a business relationship that is primarily for personal, family, or household purposes, and if that business has within the immediately preceding calendar year disclosed such an individual's Personal Information to a third-party and knows or should have known that such third-party used the information for its own direct marketing purposes, then that business is obligated to disclose in writing to such individual upon request, what Personal Information was shared and with whom it was shared. Any request for a disclosure required under this California law should be sent to us via email at [email protected] or via regular mail at the address set forth below. Please note that under this law, we are not required to respond to a customer's request more than once in a calendar year, nor are we required to respond to any request that is not sent to the email or mailing address designated above.
The Site and the services are hosted in and provided from the United States. If you use the Site and/or the services from the European Union, Canada or other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring your personal data to the United States. The United States does not have the same data protection laws as the EU, Canada and some other regions. By providing your Personal Information, you consent to the transfer of your personal data to the United States and the use of your Personal Information, in accordance with this Policy.
You may contact us in one of the following ways:
- 1. Send an email to: [email protected] with “Internet Customer Service” in the subject line
- 2. Call 1-855-686-8197 Monday through Friday, 9:00 a.m.-5:00 p.m. EST;
- 3. Send your request by mail to:
41 Madison Avenue,
New York, NY, 10010
ATTN: [email protected]
Should you so choose, however, you have the right to lodge a formal complaint regarding our use of Personal Information about you with the Federal Trade Commission, the supervisory authority for the United States, using the following contact information:
Federal Trade Commission
600 Pennsylvania Avenue, Northwest
Washington, DC 20580
Tel. +1 202 326 2222
Terms Applicable to Data from EU Member Countries
We are based in the United States and the Properties we own or operate are located in the United States. In most cases, the Personal Information we collect is stored and used in the United States. While we do not direct our services to residents of the European Union (EU), it is possible that EU residents may access and use the Site.
If we collect Personal Information from EU residents in a manner subject to the General Data Protection Regulation then, in addition to the above, the following terms shall also apply to our collection, use and retention of that information:
Compliance with Privacy Shield Principles: When handling information from residents of the EU member countries, we strive to comply with the EU-U.S. Privacy Shield Framework principles (Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability) regarding the collection, use and retention of Personal Information from European Union member countries. However, our compliance with these principles may be limited (a) to the extent necessary to meet applicable national security, public interest, or law enforcement requirements; or (b) by statute, governmental regulation, or case law. If there is a conflict between the policies set forth below and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield Framework, visit the U.S. Department of Commerce’s Privacy Shield List at https://www.privacyshield.gov/list.
Basis for Collection: As set out above, we collect and process Personal Information for which you have given your express consent at the time of collection. For example, we collect Personal Information when you elect to participate in one of our promotions. We also collect and process Personal Information to order improve our services, to deliver services and perform obligations under contracts we have with you, and to comply with our own legal obligations.
Sensitive Data: We do not collect sensitive data, for example, biometric data, health data, or data revealing racial or ethnic origin, from visitors to the Site.
Authorized Transfer: We also may disclose Personal Information for other purposes or to other third parties when you have consented to or requested such disclosure. Please be aware that we will disclose Personal Information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We are not liable for appropriate onward transfers of personal data to third parties.
Data Processors: We may retain third parties to process or analyze personal Information we collect from the Site. For example, a Site may be maintained or hosted by a third party service provider, a promotion may be administered by a sales promotion agency, and/or products may be fulfilled by a wholesaler. These suppliers and other third parties who provide services for us are contractually obligated not to use Personal Information about you except as we authorize.
Profiling: We may analyze Personal Information we have collected about you to create a profile of your interests and preferences so that we can contact you with information that is relevant to you. We may make use of additional information about you when it is available from external sources to help us do this effectively. We may also use Personal Information about you to detect and reduce fraud and credit risk.
Your Rights: Your rights include: (a) a right to withdraw your consent to the processing of Personal Information about you to which you have previously given consent; (b) a right to object to processing of Personal Information about you for the purpose of direct marketing; and (c) a right to have incorrect Personal Information about you corrected or removed.
If you request to have incorrect Personal Information removed, we may retain some of your Personal Information as necessary for the purposes of our legitimate business interests or in furtherance of public interests in accordance with the Privacy Shield Principles. Any Personal Information you have shared publicly with others may continue to be publicly visible on the Site.
You also have the right to obtain a copy of the Personal Information we have about you, although we reserve the right to charge a fee for this depending on the nature and frequency of your request(s) and our cost to provide the information.
Enforcement and Disputes:In compliance with the EU-U.S. Privacy Shield and the US Swiss Safe Harbor Principles, we commit to resolve complaints about your privacy and our collection or use of your Personal Information. If you do not receive timely acknowledgement of your request or have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact us at the number provided above.
In addition to the above, you may complain to your home data protection authority and can invoke binding arbitration for some residual claims not resolved by other redress mechanisms. Contact details for the EU data protection authorities can be found at http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
Disclaimers, Liability and Indemnity
We may change this Policy at any time, without notice, in our sole and absolute discretion. Any updates to our Policy will be posted on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it. Continued use of our Site, Call Center or other Jay Companies services following our posting of the change notice or an updated Policy will constitute binding acceptance of those changes.