PlayPower, Inc. Privacy Statement
Last Updated: September 2024
PlayPower, Inc. and its subsidiaries and affiliates (“PlayPower” “Company”, “we”, or “our”) are committed to respecting and protecting your privacy and personal information. We recognize the need for appropriate protection and management of the data we collect about you in accordance with applicable privacy laws. This Privacy Statement (the “Statement”) explains our practices with respect to the data we collect or learn about you regardless of the format (“Personal Information”). This includes Personal Information collected:
- When you purchase our products;
- When you provide your Personal Information to us directly;
- When you interact with us through our website, through social media, or at an event;
- Through business relationships you or your organization maintain with us; or
- When you request marketing or promotional materials from us.
We encourage you to review this Statement to understand how we collect, process, use, share, and safeguard your Personal Information. This Statement does not apply to PlayPower employees, temporary employees, contractors, or employment candidates.
Sections / Quick Links
- What is Personal Information
- Personal Information We May Collect
- Ways We Collect Personal Information
- How We Use Your Personal Information
- Disclosure of Your Personal Information to Third Parties
- Cross-Border Transfer of Your Personal Information
- How We Protect Your Personal Information
- How Long We Retain Your Personal Information
- Your Rights and Choices
- Changes to this Statement
- Non-Discrimination and Non-Retaliation
- Disclosure of Your Personal Information for Marketing
- Other Important Information about Our Services
- How to Contact Us or Submit a Request
What is Personal Information
Personal Information is any data element that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with an individual. Examples of Personal Information include: a name, an identification number, location data, financial information, or an online identifier.
Personal Information We May Collect
We strive to only collect Personal Information that is relevant to achieve the purpose(s) for which it was collected, and to keep all Personal Information accurate and reliable for its intended purpose.
We may collect the following types of Personal Information, either directly or indirectly, through our websites, mobile applications, devices, dealers, wholesalers, marketing events, or other means to provide you with equipment, services, support, and related information:
| Category | Example Data Elements | Collection Source(s) |
|---|---|---|
| Identifiers |
Name, alias, online identifier, Internet Protocol address, and similar identifiers |
Individual Individual’s Device(s) Service Provider(s) Reseller(s) / Distributor(s) Sales Representative(s) Publicly Available Sources |
| Demographic Information |
Mailing address, billing address, telephone, and email address |
Individual Service Provider(s) Reseller(s) / Distributor(s) Sales Representative(s) Publicly Available Sources |
| Financial Information |
Bank account number, credit card number, debit card number, tax and credit history, and similar financial information |
Individual Service Provider(s) |
| Commercial Information |
Information about products or services purchased, obtained, or considered, or other purchasing or consuming histories related to our products and services. |
Individual PlayPower Service Provider(s) Reseller(s) / Distributor(s) Sales Representative(s) |
| Internet or Mobile Application Activity |
Browsing history, search history, information on an interaction with our website, application, or advertisement. |
Individual Individual’s Device(s) Service Provider(s) |
| Sensory Data |
Audio, electronic, visual, and similar information, such as call recordings and surveillance images |
PlayPower Service Provider(s) |
| Geolocation Data |
Physical location associated with certain marketing campaign, such geofencing. |
Individual Individual’s Device(s) Service Provider(s) |
| Device Data |
Data obtained from devices including device identifiers, configuration, usage, service needs, and performance. |
Individual Individual’s Device(s) |
Ways We Collect Personal Information
We may collect Personal Information from and about you from a variety of sources, including when you provide it to us directly; automatically when visit our website or use our mobile applications; interact with us on social media; or register or use our products or services.
- Information You Share with Us: we collect Personal Information when you provide it to us directly, such as through our business interactions with you; when you contact us with questions, requests, or complaints; or when you interact with us on our website or through social media. For example, if you visit our website to register a product, we may ask that you provide us your name, contact information, and product identifying information.
- Information Collected through a Service Provider: we may collect your Personal Information through one of our trusted service providers that supports our marketing and advertising initiatives. For example, PlayPower may engage a service provider that helps identify potential customer leads and delivers limited information about that lead to us for initial interaction.
- Information Collected Automatically: we collect Personal Information automatically when you visit our website through commonly utilized logging and analytics tools, including the use of cookies. We use cookies and other analytical tools to personalize and enhance your experience on our website or our mobile applications, to collect data about your visit to our website or your use of our mobile applications, to help diagnose problems with our servers or software, to administer and improve our website and our other online services, to market and advertise our products and services, to evaluate the effectiveness of our marketing and advertising campaigns, to permit analytics providers to gather information about your visit or use of our online services, and to gather broad demographic information about our users.
- Information Obtained from Third Parties: we may collect Personal Information from third-party sources, such as through your interactions with us on social media, through industry or trade associations, and through public agencies or platforms.
You have choices about certain information we collect. When you are asked to provide your Personal Information, you may decline to do so; but if you choose not to provide your Personal Information that is necessary for us to provide any aspect of our products or services, you may not be able to use them.
To the extent that you provide us Personal Information related to another individual, you warrant that you have the right to provide such Personal Information, and you will be fully responsible for any liability arising for any such use of Personal Information, including indemnifying PlayPower from any such liability.
Finally, we may collect data that is not identifiable to you or otherwise associated with you, such as aggregated or anonymized data, and is not, therefore, Personal Information. To the extent this information is stored or associated with your Personal Information, we will treat it as Personal Information; otherwise, it is not subject to this Statement.
How We Use Your Personal Information
We use your Personal Information to provide our products and render our services to you, to respond to your inquiries or requests for information, and to support our business and internal processes, such as our marketing or advertising initiatives or product development and improvements.
We may use your Personal Information for one or more of the following purposes:
- to provide services requested and administer product registration, warranties, and inquiries;
- to support our internal business activities, such as marketing, product and service development and improvement, and dissemination of information;
- to contact you about PlayPower products, services, news, and events, offers, or other promotions;
- to promote our products and services, including through product reviews, ratings, and other marketing, advertising, and promotional efforts;
- to enable PlayPower to comply with laws, regulations, or legal requests, including to enforce this Statement;
- to support certain internal processes to ensure protection of property and interests, including fraud detection, internal auditing, supporting internal and external investigations, and conducting security assessments;
- to enable you to contact PlayPower, and for us to respond to you; and
- to install, develop, maintain, and improve our equipment, products, services, and our websites.
Disclosure of Your Personal Information to Third Parties
We share your Personal Information among our affiliates and with our service providers that help us manage and maintain our relationship with you, such as affiliated sales representatives and distributors; however, we have not and do not sell your Personal Information to third parties.
We share Personal Information as follows:
- Among our affiliates and subsidiaries that share infrastructure, systems, and technology to process your Personal Information.
- With service providers, distributors, contractors, and subcontractors to help us establish, maintain, and manage our relationship with you and as necessary for the operation of our business, including to support sales, installation, servicing, technical operations, and improvement of our products and services.
- With third-party technology service providers who help us operate our websites and maintain our customer and marketing databases, engage in marketing and advertising initiatives, and deliver communications, among other business-related purposes.
- With public authorities, such as law enforcement, as legally required or necessary to protect our rights or the rights of others.
- With involved entities in the event of a sale, merger, acquisition, or other transfer of all or any portion of our business or assets.
- With other third parties when you request us to do so or when we are required to do so by law.
We do not sell your personal information for monetary compensation; however, some laws broadly define “sale” or “sell”, and certain disclosure activities may, therefore, qualify as a “sale” even though we do not receive financial compensation for the exchange. For example, we share Personal Information with our analytics and marketing partners to gain insights into preferences about our products and services, and for sharing advertisements with you based on Personal Information we collect from your activities over time (also known as cross-contextual behavioral advertising or targeted advertising).
In the preceding 12 months, we have “sold” or “shared”, as those terms are broadly defined by law, the following categories of personal information:
|
Personal Information Categories |
Categories of Third Parties to Who We Disclose Personal Information |
Purpose of Disclosure |
|---|---|---|
| Identifiers | Analytics and marketing partners | Learn about customer trends and interests Personalize digital content; and Delivery of marketing communications and advertising. |
| Commercial Information | ||
| Internet or Other Similar Network Activity |
Cross-Border Transfer of Your Personal Information
PlayPower transfers Personal Information it collects In the EU and the UK to the United States and other countries where it or its service providers conducts business.
PlayPower relies on Standard Contractual Clauses (SCCs) to comply with relevant data protection laws, such as the EU and the UK General Data Protection Regulation (GDPR), when transferring Personal Information to the United States. EU or UK residents have the right to review the PlayPower’s intra-company SCCs and can do so by contacting PlayPower at Privacy@PlayPower.com.
How We Protect Your Personal Information
We use reasonable and appropriate physical, technical, and organizational security measures to protect your Personal Information against manipulation, risks of interception, data loss or corruption, destruction, access by unauthorized persons, viruses, or other harmful programs.
Although we make diligent effort to ensure the protection and security of our network and systems, no method of safeguarding information is completely secure, and we cannot guarantee or warrant the security measures will protect all Personal Information. The security of your data also depends on you. You accept and assume the inherent risks of online communication, including information you transmit to us online.
How Long We Retain Your Personal Information
PlayPower will retain personal data for the period necessary to fulfill the purposes for which it was collected and processed, in line with legal, contractual, and business requirements.
- Contractual Obligations: Personal Information will be retained for the duration of the contractual relationship with the individual (e.g., customer, employee, or business partner). After the contract ends, the Personal Information will be kept only as long as required for post-contract obligations (e.g., warranties, support, or invoicing).
- Legal Obligations: Personal Information may be retained to comply with legal obligations. This includes data retention mandated by accounting or consumer protection laws, where data must be kept for a specific period.
- Legitimate Business Interests: Personal Information may be kept for a reasonable period after the termination of a contract or service to protect PlayPower’s legitimate business interests, such as resolving disputes, managing legal claims, or improving its business operations.
- Data Subject’s Preferences: Where the data subject has consented to receiving marketing communications, Personal Information will be retained until consent is withdrawn or an opt-out right is exercised.
- Security and Risk Management: Personal Information may also be retained to ensure ongoing security, auditing, and for the management of risks related to data breaches or other compliance obligations.
Your Rights and Choices
Depending on applicable data protection and privacy laws, you may be entitled to a variety of legal rights regarding the collection and processing of your Personal Information, such as the right know the Personal Information we collect and process about you, the right to access or correct such Personal Information, and the right to erasure. If you would like to exercise applicable rights, such as rights of access, deletion, objection to further processing, or opt-out of sale of Personal Information, please see the opt-out form or you can send a request to Privacy@PlayPower.com.
You may exercise these rights, to the extent they apply to you, by contacting us as outlined at the end of this Privacy Statement by following instructions provided in communications sent to you. Note, however, that we may request certain additional information (that may include Personal Information) to help us authenticate your identity, confirm your country or state of residency, and/or clarify or understand the scope of your requests. We will respond to a valid request within one month of receipt or within three months where a request is complex or challenging.
While we will make reasonable efforts to respond to your request, we reserve the right to impose certain restrictions or decline your request altogether as permitted by law, such as if the request is excessive, harassing, or we cannot adequately authenticate your identity. If you attempt to exercise a right and we decline your request, you may have the right to appeal our decision depending on your state or country of residence. To initiate an appeal, you may respond to our communication stating your intent to appeal the decision, and we will provide further instructions.
Individual rights vary depending on the laws of the jurisdiction applicable to you, but may include:
- The right to know whether, for what purpose(s), and from what source(s) we collect and/or process your Personal Information.
- The right to access your Personal Information we have collected or processed.
- The right to modify or correct your Personal Information, if inaccurate.
- The right to know with whom we have shared your Personal Information, for what purpose, and what Personal Information we have shared.
- The right to object to decisions based on profiling or automated decision-making that produce legal or similarly significant effects on you.
- The right to request restriction of processing of your Personal Information or object to processing of your Personal Information carried out pursuant to (i) our legitimate interest or (ii) performance of a task in the public interest (including, but not limited to, processing for direct marketing purposes).
- The right to data portability under certain circumstances, which means the right to obtain your Personal Information in a machine-readable format.
- The right to erasure and/or the right to be forgotten under certain circumstances, which means the right to have us delete or remove certain Personal Information we process about you.
- The right to nominate an agent to act on your behalf with respect to your Personal Information, including to exercise any privacy rights applicable to you.
- The right to opt-out of the sale of your Personal Information, also known as Do Not Sell/Share My Personal Information.
- The right to limit the use of your sensitive Personal Information (e.g., race, gender, sexual orientation, religion) to only certain necessary business purposes (e.g., processing your order, ensuring data and network security); however, please note that we have not and do not collect sensitive Personal Information.
- The right to non-discrimination, which means the right to freely exercise any rights applicable to you regarding your Personal Information without risk of being offered lesser goods, services, or prices in retaliation.
- The right to lodge a complaint with a regulator located in the jurisdiction of your residence, place of work, or where an alleged violation of law occurred.
In addition, you have choices about how we communicate with you and how we process certain Personal Information about you. You may opt-out of receiving marketing or other communications from us at any time by following the unsubscribe instructions provided in any email that you receive from us or by contacting us at Privacy@PlayPower.com. If you opt-out of receiving marketing emails from us or otherwise modify the nature or frequency of promotional communications, it may take up to ten (10) business days for us to process your request and you may continue to receive promotional communications from us during that period. During this time, you may continue to receive administrative messages regarding our services, or transactions you have entered into with us, even after opting-out of promotional communications.
Finally, you have the right to opt-out of the use of certain cookies. Most web browsers automatically accept cookies, but you can usually modify this in your browser’s settings. This may prevent you from taking full advantage of our websites or applications. Note that our websites do not take any action in response to “do not track” signals that may be transmitted by some web browsers.
Changes to this Statement
PlayPower reserves the right to change the terms of this Statement at any time. If we do make changes, though, we will take steps to indicate that the Statement has been updated on this website.
Non-Discrimination and Non-Retaliation
We respect your rights, and we will never discriminate or retaliate against you or the business with which you are associated as a result of you exercising any right outlined in this Statement or afforded to you under applicable law.
Disclosure of Your Personal Information for Marketing
California Civil Code Section 1798.83, known as the “Shine the Light” law, permits our users who are California residents to request and obtain from us a list of what Personal Information (if any) we disclosed to third parties for their own direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. Requests may be made only once per year per person, must be sent to the email address below, and are free of charge. Though you may make such a request, please know that we do not disclose your Personal Information to third parties for their own direct marketing purposes.
Other Important Information about Our Services
PlayPower does not sell its products to children nor knowingly collects Personal Information from children under the age of 16. In addition, PlayPower is not responsible for the privacy and security practices of third parties that may be accessible through our website or other online services.
Collection of Personal Information from Minors: Our products and services are not directed to children, nor do we knowingly collect Personal Information from children under the age of 16. If you are a parent or guardian of a child under the age of 16 and believe he or she has disclosed Personal Information to us and wish to access this Personal Information, please submit to Privacy@PlayPower.com. By using our services, you represent that you are 16 years of age or older.
Third-Party Websites and Services: As a convenience, we may reference or provide links to third-party websites and services, including those of unaffiliated third parties, our affiliates, service providers, and third parties with which we do business. When you access these third-party services, you leave our website, and we are not responsible for, and do not control, the content, security, or privacy practices employed by any third-party websites and services. This Statement does not apply to any third-party services; please refer to the privacy notices or policies for such third parties for information about how they collect, use, and process your Personal Information.
How to Contact Us or Submit a Request
If you have any query or complaint about this Statement or our privacy practices, or if you wish to exercise any of your rights, you may contact us any time using the following contact information:
| By mail: | PlayPower, Inc.. c/o Legal Department: Privacy 2580 Esters Blvd., Suite 100, Irving, Texas 75261 |
| By email: | Privacy@PlayPower.com |
| Online Form: | https://response.playpower.com/optout |
