Privacy Statement

This Privacy Statement sets forth the information gathering, use, and dissemination practices of Boyds (“Boyds”) in connection with the website located at www.boydsphila.com (the “Site”). This Privacy Statement addresses Boyds’ practices regarding information collected only directly through or from the Site. It does not address or govern any information gathering, use, or dissemination practices related to information collected other than directly through or from the Site, including, without limitation, from or via telephone, facsimile, postal mail, personal delivery, or other additional offline means or media. Boyds can be contacted by mail at 1818 Chestnut Street, Philadelphia, PA 19103, by phone at (215) 564-9000 or by emailing Boyds at privacy@boydsphila.com.

1. Collection of Personal Information from Site Visitors — Boyds may collect or track (1) the home server domain names, e-mail addresses, type of client computer, files downloaded, search engine used, operating system, and type of Web browser of visitors to the Site, (2) the e-mail addresses of visitors that communicate with Boyds via e-mail, (3) information knowingly provided by the visitor in online forms, registration forms, surveys, e-mail, contest entries, and other online avenues (including, without limitation, demographic and personal profile data), and (4) aggregate and user-specific information regarding which pages Site visitors access.
Boyds may place Internet “cookies” on visitors’ hard drives. Internet cookies save data about individual visitors, such as the visitor’s name, password, user-name, shopping cart, screen preferences, and the pages of a site viewed by the visitor. When the visitor revisits the Site, Boyds may recognize the visitor by the Internet cookie and customize the visitor’s experience. Visitors may decline Internet cookies, if any, by using the appropriate feature of their client software, if available.
When a visitor performs a search within the Site, Boyds may record information identifying the visitor or linking the visitor to the search performed. Boyds may also record limited information for every search request and use that information to solve technical problems with the services available directly or indirectly in connection with the Site and to calculate overall usage statistics.

2. Use of Personal Data Collected —Personal data collected by Boyds may be used by Boyds for many reasons, for example, for editorial and feedback purposes, for marketing and promotional purposes, for a statistical analysis of users’ behavior, for product development, for content improvement, for fulfillment of a requested transaction or recordkeeping, or to customize the content and layout of the Site. Aggregate data on visitors’ home servers may be used for internal purposes, and individually identifying information, such as names, postal and e-mail addresses, phone numbers, and other personal information which visitors voluntarily provide to Boyds may be added to Boyds’ databases and used for future calls and mailings regarding Site updates, new products and services, and upcoming events.
Boyds also may use Site visitor data to contact the Site visitors regarding account status and changes to the submissions agreement, privacy statement, and any other policies or agreements relevant to Site visitors.

3. Disclosure of Personal Data to Third Parties — Boyds shall not disclose any of your personally identifiable information to third parties. Notwithstanding the foregoing, Boyds may disclose or distribute identifiable or non-identifiable data to a third party with which Boyds enters or reasonably may enter into a corporate transaction, such as, for example, a merger, consolidation, acquisition, or asset purchase, or to a third party pursuant to a subpoena, court order, or other form of legal process, in response to a request by or on behalf of any local, state, federal, or other government agency, department, or body, whether or not pursuant to a subpoena, court order, or other form of legal process, or if determined by Boyds in its sole judgment that such disclosure or distribution is appropriate to protect the life, health, or property of Boyds or any other person or entity. While Boyds may undertake efforts to see that such third party is under a contractual obligation to use the personal data solely for the purposes for which the data was disclosed, such third parties may be independent third parties over which Boyds may not exercise control, and Boyds is not responsible for their conduct, actions, omissions, or information handling or dissemination practices and Boyds will not be liable therefor.
This Site may contain links to other websites or advertisements for or placed by third parties. Boyds is not responsible for the privacy practices of such websites, advertisers, or third parties, or for the content of such sites or advertisements. It is possible that these links or advertisements, themselves, may be used by third parties or others to collect personal or other information about Site visitors. It is solely the visitors’ obligation to review and understand the privacy practices and policies of these other Web sites and of these advertisers and third parties.

4. Security Measures — Boyds has implemented numerous security features to prevent the unauthorized release of or access to personal information. For example, credit and debit card details are sent by secure SSL encrypted means to process the payment of any and all orders. Please be advised, however, that the confidentiality of any communication or material transmitted to or from Boyds via this Site or e-mail cannot be guaranteed. Accordingly, Boyds is not responsible for the security of information transmitted via the Internet. Instead of communicating with Boyds via e-mail or the Internet, visitors can contact Boyds by mail at 1818 Chestnut Street, Philadelphia, PA 19103 or by phone at (215) 564-9000.

5. Opt-Out Right — Except as necessary for Boyds to provide the services, information, or products requested by a visitor, the visitor may opt out of having his or her personally identifiable information, which has been voluntarily provided to Boyds through an account registration, customer order, or electronic news or information subscription, prospectively retained by Boyds, used by Boyds for secondary purposes, or disclosed by Boyds to third parties by contacting Boyds via postal mail, e-mail, or telephone at the addresses set out above. (This does not apply to collection of the type of Web browser of the visitor to the Site or to information provided or collected that does not meet the above description.)

6. Access to and Ability to Correct Personal Data — Upon a visitor’s request via postal mail, e-mail, or phone, Boyds will provide to the visitor a summary of any personally identifiable information retained by Boyds regarding the visitor, which information has been voluntarily provided to Boyds through an account registration, customer order, or electronic news or information subscription. A visitor may modify, correct, change or update their personally identifiable information by contacting Boyds via postal mail, e-mail, or telephone at the addresses or numbers above.

7. Collection of Personal Data from Children — To the extent that Boyds is able to determine the age of users by their submissions to or communications with the Site, Boyds will not knowingly collect, use, or disclose personally identifiable information from individuals under the age of eighteen (“children”) without their parent’s or guardian’s consent, which information has been voluntarily provided to Boyds through an account registration, customer order, or electronic news or information subscription.
Upon request from a parent or guardian of a child who has provided such personally identifiable information to the Site, Boyds will (i) provide to the parent or guardian a description of the specific types of information collected from the child, (ii) provide to the parent or guardian a means and stated procedures to review such information and to halt future disclosure, use, and maintenance of such information (e.g., the parent or guardian has the option to consent to the collection and use of their child’s personally identifiable information without consenting to the disclosure of that information to third parties), as applicable, (iii) cease collection in the future of such information from the child, or (iv) provide any combination of the foregoing.
Boyds is prohibited from conditioning a child’s participation in an activity on the child’s disclosing more personally identifiable information than is reasonably necessary to participate in such activity.
If there are no age restrictions on a contest which requires registration, and if a child wins, notification and prizes will be sent to the parent(s) or guardian(s) identified in the initial registration process.

8. Boyds’ Right to Contact User — Boyds reserves the right to contact Site visitors regarding account status and changes to the subscriber agreement, privacy statement, and any other policies or agreements relevant to Site visitors.

9. State Privacy Rights — U.S. state consumer data protection laws gives you certain additional privacy rights. This section describes the rights provided under these laws and how you may exercise these rights. Please note that these rights are not absolute, and in certain cases, Boyds may decline your request as permitted by law.
If you are a California resident
The California Consumer Privacy Act, as modified by the California Privacy Rights Act, ensures that California consumers have the following rights with respect to the collection, use, sharing, sale, and other processing of their Personal Information:

- The right to know what Personal Information has been collected about you, including the categories of Personal Information, the categories of sources from which the Personal Information is collected, the business or commercial purpose for collecting, selling, or sharing persona information, the categories of third parties to whom we disclose Personal Information, and the specific pieces of Personal Information we have collected about you;
- The right to access the Personal Information, including to obtain a copy that can easily be sent to another data controller;
- The right to request the deletion of your Personal Information, subject to certain exceptions;
- The right to correct inaccurate Personal Information;
- The right to opt-out of the sale or sharing of your Personal Information;
- The right to request the limitation of the use and disclosure of your Sensitive Personal Information;
- The right to opt-in to sale or sharing of your Personal Information (if you have previously affirmatively opted-out); and,
- The right not to be discriminated against for exercising any of your rights with respect to your Personal Information.

We will not discriminate against you for exercising any of your California privacy rights.

Unless permitted by applicable law, we will not:
- Deny you goods or services;
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
- Provide you a different level or quality of goods or services; or,
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

To exercise your California privacy rights, please see the section below on How to Exercise State Consumer Privacy Rights.

Other California Privacy Rights
California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to privacy@boydsphila.com or contact us using the information provided in the “Contact Us” section.

If you are a Texas Resident
The Texas’ Data Privacy and Security Act [SY2.1]provides you with the following consumer rights:
- Right to Access – you may ask us to confirm whether we are processing your personal information and to access the personal information;
- Right to Correct – you may ask us to correct any inaccuracies in your personal information;
- Right to Delete – you may ask us to delete personal information that was provided by you or that we obtained about you;
- Right to Data Portability – you may request a copy of your personal data in a readily usable format;
- Right to Opt-Out of Sale, Targeted Advertising, or Profiling in furtherance of a decision – you may opt-out of the processing of your personal information for sale, targeted advertising or profiling in furtherance of a decision that produces a legal or similar significant effect concerning you.

How to exercise state consumer privacy rights

You may request to exercise your consumer rights twice a calendar year. You may exercise your respective state privacy rights by either calling us at
1-855-741-9244 or submitting a request by email to privacy@boydsphila.com.

If you would like to register an email address with Boyds to request that we not sell your Personal Information now or in the future, please submit your request via email to privacy@boydsphila.com. We will only use the information you provide in connection with your request to process that request. Because of the on-going nature of your right not to have your Personal Information sold under the applicable state law, we will retain the information provided in this request until you withdraw the request.

In order to act upon your request, we will need to verify your identity to a reasonable degree of certainty considering the sensitivity of the Personal Information and the risk of harm to you by unauthorized disclosure, deletion, or correction. We may therefore ask you to provide three points of Personal Information which you have previously provided to us that we can use to match against our records to verify your identity. In addition, we may require you to submit a signed declaration under penalty of perjury stating you are the individual whose Personal Information is subject to the request. We may not be able to respond your request if you decline to provide the verifying details or if any of the details are incorrect.

In general and unless otherwise stated in the above sections describing your rights, we will respond to your request within forty-five (45) days. If necessary, we may extend the time to respond by a further forty-five (45) days. If for any reason we decide to decline to respond to your request, we will notify you and provide our explanation and any appeal process that may be available to you. We will provide this notice within the first forty-five (45) days after receiving your request.

10. Right to Change Privacy Statement — Boyds may change this Privacy Statement at any time. It is the obligation of users visiting the Site to familiarize themselves with this Privacy Statement. Any change to this Privacy Statement shall be effective as to any visitor who has visited the Site before any change was made.