Who we are
Why Toyz (Pty) Ltd (“us”, “we”, or “our”) operates the Why Toyz Website (“the Why Toyz Website”) and the Why Toyz Worlds (“the Why Toyz Worlds”) and the Services (“the Services”) and the Products (the “Products”).
We understand that when you use the Why Toyz Worlds and/or the Services and/or the Products you are placing your trust in us to handle your data appropriately and that is why we take a no nonsense approach to data protection. We are committed to strong and transparent privacy practices.
By accessing or using the Why Toyz Website and/or the Why Toyz Worlds and/or the Services and/or the Products you agree to be bound by these Terms and Conditions. If you disagree with any part hereof then you may not access the Why Toyz Website and/or the Why Toyz Worlds and/or the Products and/or the Services.
Part of this no nonsense approach is you provide with as much information about how we process your personal information in connection with your use of our service and to enable you to make informed decisions about your personal information when using the Why Toyz Worlds and the Services and the Products.
What Our Privacy Policy explains:
- What Personal Data we collect and why we collect it
- How we use Personal Data
- Who we share Personal Data with
- The choices we offer, including how to access, update, and remove Personal Data/li>
- Information collection and use:
Why Toyz collects Personal Data about you when you provide it directly to us, when we feel it necessary to capture key information to help our agents in future service requests, or when Personal Data about you is automatically collected in connection with your use of our Service.
Why Toyz uses this Personal Data to:
1.1 Operate, provide, administer, monitor the effectiveness and improve our Services and Products and Why Toyz Worlds including to designs, concepts, systems;
1.2 better understand your needs and interests;
1.3 personalise your experience;
1.4 conduct system administration and system troubleshooting and to diagnose or fix technology problems;
1.5 provide Services and Products announcements;
1.6 provide you with information and offers from Why Toyz and our business affiliates and partners;
1.7 protect, investigate, and deter against fraudulent, harmful, unauthorised, or illegal activity and
1.8 comply with legal obligations;
1.9 monitor, analyze and describe usage patterns and performance of the Why Toyz Worlds and the Products and the Service, including aggregate metrics such as total number of visitors, traffic, and demographic patterns;
1.10 enforce our Terms of Use or other policies or agreements.
2 How we use your information:
We use information held about you (and information about others that you have provided us with) in the following ways:
2.1 Contact Information:
information we collect to identify or contact you, we collect typical “business card information” such as your first and last name, email address. This is the basic information that we collect when you register for a newsletter or other marketing initiatives you opted into to.
2.2 User Account Information:
information that identifies you to the Services and/or Why Toyz Worlds and/or Products, such as your user name, email address, delivery address, telephone number, password, and IP address. For example, we use this information to authenticate you when you log in to the Why Toyz Worlds, and use the IP address to brows, print and use the Why Toyz Worlds and the Services. This information is also used to deliver the Products you purchased to your dedicated address.
2.3 Cookies or similar technologies to analyse trends:
Why Toyz uses technology to administer the website, track users’ movements around the website, and gather information about our user base, such as location information based on IP addresses. Users can control the use of cookies at the individual browser level. For more information regarding cookies or similar technologies, please review our Cookie Policy.
Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services (including behavioural advertising services) that you do not wish such operators to track certain of your online activities over time and across different websites. Our Products do not support Do Not Track requests at this time, which means that we collect information about your online activity both while you are using the Products and after you leave our properties.
2.4 Crash data:
This will include your device information, details of the incident experienced, your screen resolution and any comments that you add to the incident. This information is processed by a third party who is GDPR compliant.
3 Justification of use:
We will only use your Personal Data if we have a lawful basis for doing so. Use of personal information under EU data protection laws must be justified under one of a number of legal “grounds” and we are required to set out the ground in respect of each use of your personal data in this policy. These are the principal grounds that justify our use of your information:
3.1 Consent:
where you have consented to our use of your information (you are providing explicit, informed, freely given consent, in relation to any such use and may withdraw your consent in the circumstance detailed below by notifying us);
3.2 Contract performance:
where your information is necessary to enter into or perform our contract with you;
3.3 Legal obligation:
where we need to use your information to comply with our legal obligations;
3.4 Legitimate interests:
where we use your information to achieve a legitimate interest and our reasons for using it outweigh any prejudice to your data protection rights; and
3.5 Legal claims:
where your information if necessary for us to defend, prosecute or make a claim against you or a third party.
If you are using our Services on behalf of a third party, you must have obtained clear permission from the individuals whose data you provide us with before sharing that data with us. For the avoidance of any doubt, any reference in this privacy policy to your data shall include data about other individuals that you have provided us with.
4 Children’s’ Privacy Policy:
We take protecting of the children’s’ privacy very seriously. The Why Toyz Website is not intended for children, does not market to children, and does not knowingly collect personal information from children. Certain features on the Why Toyz Website such as edutainment videos may be watched by children and we advise their parents or caregivers to review these videos prior to allowing their children watching these.
If you are under 16 years of age, then please do not use or access the Why Toyz Website at any time or in any manner. If we learn that personally identifiable information has been provided to us and/or collected on the Why Toyz Website from persons under 16 years of age and without verifiable parental consent, such as through a support request, we take the appropriate steps to delete or hash this information in a secure manner. If you are a parent and discover that your child under 16 years of age has obtained an account on the Why Toyz Website, then you may alert us at support@whytoyz.com and request that we delete that child’s personally identifiable information from our systems. A parent or caregiver can visit his or her account online at any time to delete any information and/or the account.
5 Where we store your personal information:
The personal data that we collect from is processed in the European Economic Area (“EEA”) and stored on Microsoft Azure. This data may however be processed by staff operating outside of the EEA who work for us. Your passwords are stored on Why Toyz’ servers in encrypted form. We do not disclose your account details. It is your responsibility to keep your password secure. Unfortunately, the transmission of information via the internet is not completely secure. Although Why Toyz will do its best to protect your personal data, we cannot guarantee the security of your data transmitted to our mobile app, any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent any unauthorised access.
6 How long we store your customer account data:
Why Toyz will store your Customer Account Data as long as needed to provide you with our services and to operate our business. If you ask us to delete specific personal information from your Customer Account, we will honour this request unless deleting that information prevents us from carrying out necessary business functions, like billing for our services, calculating taxes, or conducting required audits.Customer Account Data stored in our system(s) is generally stored up to 7 years following closure of your account unless there is a specific need or obligation to retain your information longer (like in the case of an open investigation, audit or other legal matter). Invoice records, including their digital equivalent, may be retained in identifying form by Why Toyz for longer periods for accounting, tax, and audit purposes depending on and in accordance with applicable tax law.
7 Disclosure of your information:
We may share Personal Data with our Authorised Agents, affiliates, researchers, third party service providers, and agents who work on our behalf and provide us with products and or services related to the Why Toyz Worlds and/or Services and/or Products. These parties shall be but not limited to third parties who act for us or provide services for us, such as billing and credit card payment processing, maintenance, sales, marketing, research, product development, testing, administration, support, data enrichment, hosting, and database management service, outside professional advisors (such as lawyers and accountants) for purposes related to the operation of our business such as auditing, compliance, marketing, business development, product development and corporate governance Why Toyz partners and/or affiliates and/or Authorised Agents.
8 Security:
We believe the security of your information is a serious issue and we are committed to protecting the information we receive from you. We use commercially reasonable security measures to protect against the loss, misuse, and alteration of your information under our control based on the type of Personal Data and applicable processing activity, such as data encryption in transit, and enforcement of least privilege and need-to-know principles. To the extent the Service and/or Why Toyz Worlds and/or Products require you to provide any Financial Account Information, such as when you purchase the Products or Services or subscriptions to the Why Toyz Worlds, that information will be collected and processed by third-party PCI-compliant service providers. We do not store Financial Account Information transmitted through the Service and/or Why Toyz Worlds, provided that we do store (or our payment processor on our behalf will store) just the last four digits of your credit card number, if you provide this to us, to comply with credit card processing requirements of authorizations, charges and chargebacks.
9 What rights and choices do you have regarding your personal data?
Under the General Data Protection Regulation (EU) 2017/676, you have various rights in relation to your personal data. All of these rights can be exercised by contacting us at support@whytoyz.com You have certain rights with respect to your personal data, and we want to help you review and update your information to ensure it is accurate and up-to-date. We may limit or reject your request in certain cases, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, if it is not required by law, or if the burden or expense of providing access would be disproportionate to the risks to your privacy in the case in question. In some cases, we may also need you to provide us with additional information, which may include personal data, to verify your identity and the nature of your request. We will take reasonable steps to respond to all requests within 30 days (or less!). You can also contact us directly at support@whytoyz.com if have any additional requests or questions:
9.1 Right to rectification:
If you believe that any personal data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data.
9.2 Right to erasure / ‘Right to be forgotten’:
You can request that we erase some or all of your Personal Data from our systems. Please note that if you request the deletion of information required to provide the Service to you, your User Account will be deactivated and you will lose access to the Service.
9.3 Right to data portability:
You can ask for a copy of your personal data in a machine-readable format. You can also request that we transmit the data to another controller where technically feasible. For the following, please email us at support@whytoyz.com
9.4 Right to restriction of processing / Withdrawal of consent:
If we are processing your personal data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your personal data, if such use or disclosure is necessary to enable you to utilize some or all of our Service. You can ask us to restrict further processing of your personal data. You also have the right to lodge a complaint about Hey Jude’s practices with respect to your personal data with the supervisory authority of your country or EU Member State.
9.5 Right to complain:
You can contact us to let us know that you object to the further use or disclosure of your personal data for certain purposes, such as for marketing purposes.
9.6 Closing Your Account:
You may close an account, and upon termination of your User Account, we will take reasonable steps to provide, modify, or delete your personal data as soon as is practicable. However, Why Toyz may nevertheless retain your personal data to protect the business interests of Why Toyz and/or our affiliates and/or our Authorise Agents and/or other users, and some information may remain in archived/backup copies for our records or as otherwise required by law. Those interests include without limitation the completion of transactions, maintaining records for financial reporting purposes, complying with our legal obligations, resolving disputes, and enforcing agreements.
Why Toyz will not ordinarily charge you in respect of any requests we receive to exercise any of your rights detailed above; however, if you make excessive, repetitive or manifestly unfounded requests, we may charge you an administration fee in order to process such requests or refuse to act on such requests. Where we are required to provide a copy of the personal data undergoing processing this will be free of charge; however, any further copies requested may be subject to reasonable fees based on administrative costs.Asking us to stop processing your personal data or deleting your personal data will likely mean that you are no longer able to use the Why Toyz Worlds and/or the Services and/or the Products, or at least those aspects which require the processing of the types of personal data you have asked us to delete, which may result in you no longer being able to use the Why Toyz Worlds and/or the Services and/or the Products.
10 Enforcement and recourse:
We take our privacy commitments very seriously. We will conduct internal audits of our compliance with this Privacy Policy, and work to ensure that our employees and service providers also adhere to the Privacy Policy. If you have any questions or concerns regarding privacy related to the Services and/or the Why Toyz Worlds and/or the Products, please send us a detailed message to support@whytoyz.com and we will try to resolve your concerns. We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
11 Changes to the Privacy Policy
We reserve the right to modify this Privacy Policy at any time. We encourage you to periodically review this page for the latest information on our privacy practices. If we make material changes to this Privacy Policy, you will be notified via email (if you have an account where we have your contact information) or otherwise in some manner through the Why Toyz Worlds and/or the Services and/or the Products that we deem reasonably likely to reach you (which may include posting a new privacy policy on our Website—or a specific announcement on this page). Any modifications to this Privacy Policy will be effective upon our posting of the new terms and/or upon implementation of the new changes on the Service (or as otherwise indicated at the time of posting) or on the Effective Date set forth in the modified Privacy Policy. In all cases, your continued use of the Why Toyz Worlds or the Service or the Products or Website after the posting of any modified Privacy Policy indicates your acceptance of the terms of the modified Privacy
Policy.Please contact us if you have any questions or comments about our privacy practices or this Privacy Policy. You can reach us online at support@whytoyz.com or by mail at:Why Toyz (Pty) Ltd
149 Senior Drive
Northcliff 2195
Gauteng
South Africa
Last updated: Wednesday, January 9, 2019