Last Updated: March 21, 2025
Effective Date: March 21, 205

123Toys.US (“Company,” “we,” “us,” or “our”) is committed to protecting the privacy of individuals who access or use our website, https://123toys.us (the “Service”). This Privacy Policy (“Policy”) explains how we collect, use, disclose, and safeguard your personal information when you visit or make a purchase from our Service. By using our Service, you consent to the practices described in this Policy. If you do not agree with any term in this Policy, please discontinue use of the Service immediately.

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1. SCOPE & APPLICABILITY

• This Policy applies solely to individuals who reside in the United States of America. We do not offer or sell products or services to individuals located outside the United States.
• The Company is registered in the State of California, and this Policy addresses how we handle personal information, including under certain state privacy laws (e.g., California Consumer Privacy Act, “CCPA”), where applicable.

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2. INFORMATION WE COLLECT

We collect the following categories of personal information in the course of providing our Service:

1. Contact Information

   • Name and Email Address

2. Shipping Details

   • Shipping Address (street, city, state, ZIP code)

3. Payment Information

   • Credit/debit card details or other payment-related information needed to process orders.

4. Mobile/Phone Number

   • If you provide a phone number for customer support or order updates.

5. User-Generated Content

   • Product reviews, comments, or other submissions you choose to make publicly available on the Service.

We may also automatically collect certain technical information about your visit through cookies or similar tracking technologies (see “Cookies & Similar Technologies” below).

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3. LEGAL BASIS FOR PROCESSING (U.S. FOCUS)

Our collection and processing of personal information rely on the following legal bases under applicable U.S. (including California) laws:

• Fulfillment of a Contract: We process personal information to fulfill orders, deliver products, and provide customer support.
• Legitimate Business Interests: We process data to improve our operations, enhance user experience, prevent fraud, and secure our Service.
• Consent: Where required by law (e.g., certain marketing communications or the use of certain cookies), we rely on your consent. You may withdraw your consent at any time by contacting us (see “Contact Us” below).

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4. HOW WE USE YOUR INFORMATION

We use the information we collect for the following business and commercial purposes:

1. Order Processing & Fulfillment:

   • Validate payment information, ship orders, and communicate order status updates.

2. Customer Support:

   • Respond to inquiries, resolve complaints, and provide technical assistance.

3. Marketing & Promotions:

   • Send promotional emails or newsletters, subject to your opt-in preferences.

4. User-Generated Content:

   • Display product reviews you submit, subject to our Terms & Conditions.

5. Site Optimization & Analytics:

   • Analyze usage patterns, troubleshoot errors, and improve our Service.

6. Legal & Regulatory Compliance:

   • Comply with legal obligations, protect our legal rights, and cooperate with law enforcement.

If we wish to process your personal information for purposes beyond those stated above, we will seek your prior consent unless otherwise permitted by law.

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5. SHARING & DISCLOSURE OF INFORMATION

We do not sell or rent your personal information to third parties. However, we may share personal information with:

1. Service Providers:

   • Payment processors, shipping partners, hosting providers, analytics providers, and other vendors who help us operate our Service. They are contractually obligated to use the data only as necessary to provide services to us and in compliance with applicable laws.

2. Compliance with Law:

   • We may disclose personal information to comply with any applicable law, regulation, legal process, or governmental request.

3. Protection of Rights:

   • We may disclose personal information if we believe it is necessary to prevent fraud, address security or technical issues, or protect our rights, property, or safety or that of others.

4. Business Transfers:

   • If we are involved in a merger, acquisition, asset sale, or bankruptcy, your information may be transferred as part of that transaction.

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6. DATA BREACH NOTIFICATION

In the event of a data breach that compromises the confidentiality, integrity, or availability of your personal information, we will promptly notify affected individuals and any relevant authorities in accordance with applicable U.S. federal and state laws, including California data breach notification statutes. Notification methods may include email, postings on the Service, or other means permitted by law.

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7. USER-GENERATED CONTENT

Our Service may allow you to submit product reviews, ratings, or other content. Any personal information you choose to include in such submissions becomes public and is not covered by this Policy once posted. Please exercise caution when sharing personal details in any public forum.

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8. DATA RETENTION

We retain your personal information only as long as necessary to fulfill the purposes described in this Policy, unless a longer retention period is required or permitted by law. This generally includes:

• Active Accounts: We keep your data while your account is active or as needed to provide services to you.
• Inactive Accounts or Completed Transactions: We may retain personal information for a period of time after an account becomes inactive or after order fulfillment to comply with record-keeping, legal, or regulatory obligations (e.g., tax, fraud prevention).

Any anonymized or aggregated data—which can no longer be used to identify you—may be retained indefinitely.

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9. COOKIES & SIMILAR TECHNOLOGIES

We use cookies, pixel tags, and other tracking technologies to enhance user experience, analyze trends, and administer the Service. For more detailed information on the types of cookies used, their purpose, and your choices, please refer to our [Cookie Policy], available on our website. You can also manage your cookie preferences through our cookie consent banner or your browser settings, though disabling some cookies may limit certain functionalities of the Service.

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10. GOVERNING LAW & DISPUTE RESOLUTION

Governing Law

• This Policy and any disputes arising hereunder are governed by the laws of the State of California, without regard to conflict-of-law principles.

Mandatory Mediation Before Arbitration

• In the event of a dispute, claim, or controversy arising out of or relating to this Policy or your use of the Service (collectively, “Disputes”), the parties agree to first attempt resolution through good-faith mediation conducted by a mutually agreed-upon mediator or mediation service. Each party shall bear its own costs associated with mediation.

Binding Arbitration

• Agreement to Arbitrate: If the parties cannot resolve the Dispute through mediation within a reasonable time (e.g., 60 days after written notice of dispute), you and the Company agree to resolve the Dispute by binding arbitration, except for small claims that qualify for small claims court or as otherwise provided below.
• Arbitration Rules: The arbitration shall be conducted by a reputable arbitration organization (e.g., AAA) in accordance with its consumer arbitration rules.
• Federal Arbitration Act: This agreement to arbitrate is governed by the Federal Arbitration Act (FAA), and the FAA shall apply to the interpretation and enforcement of these arbitration provisions.
• Exceptions: Nothing in this section shall be construed to preclude either party from seeking injunctive relief or other equitable remedies in a court of competent jurisdiction for disputes relating to intellectual property rights or unauthorized access to or misuse of data.

Exclusive Forum for Non-Arbitrable Claims

• If a Dispute is found not to be subject to arbitration (e.g., a claim must, by law, be resolved in court), such Dispute shall be brought exclusively in a court located in California, and the parties consent to personal jurisdiction there.

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11. NO CLASS ACTION / CLASS WAIVER

You and the Company agree that any Disputes will be resolved only on an individual basis, and no class, consolidated, or representative actions of any kind are permitted. This Class Action Waiver applies to all Disputes, whether they are resolved by arbitration or in court. You further agree to waive your right to a trial by jury in any such action.

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12. DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY

Disclaimer of Warranties

1. “AS IS” and “AS AVAILABLE”:
   The Service and any products you purchase (collectively, “Products”) are provided on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by law, we disclaim all warranties of any kind—express or implied—including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

2. No Guarantee of Error-Free Operation:
   We do not warrant that the Service will be error-free, uninterrupted, secure, or free of viruses or other harmful components, or that any defects will be corrected.

3. Fragile Products:
   You acknowledge that certain Products (such as toys) may be inherently fragile and can break quickly. We make no representation or warranty that any Product will be unbreakable or damage-resistant after delivery.

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Limitation of Liability

1. Exclusion of Certain Damages:
   To the fullest extent permitted by law, 123Toys.US and its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, consequential, incidental, special, or punitive damages arising out of or related to this Policy, your use of the Service, or your purchase/use of any Product—whether based on warranty, contract, tort (including negligence), or any other legal theory—even if advised of the possibility of such damages.

2. No Liability for Post-Delivery Breakage:
   Once a Product is delivered in non-defective condition, we disclaim any liability for breakage, damage, or wear and tear caused by user handling, misuse, or other factors outside our control. This includes any claims of design or manufacturing defect that manifest after the Product has been delivered in apparent good condition, except as otherwise required by law.

3. Total Liability Cap:
   In any event, our total liability for any claims arising under this Policy, the Service, or the Products shall be limited to the total amount actually paid by you for the specific Product(s) that gave rise to the claim (if any). We do not tie this liability to any specific time period (e.g., 12 months).

4. User Responsibility:
   By purchasing a Product, you agree to follow the warnings provided. You assume any and all risk associated with the use or gift of the Product(s). If you discover a Product is damaged upon delivery, you must notify us promptly per our [Return/Refund Policy]. Failure to report damage within a reasonable timeframe after receipt may void any remedy you might otherwise have.

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13. SHORTENED STATUTE OF LIMITATIONS

You agree that any Dispute arising out of or related to this Policy or your use of the Service must be filed within 30 days after the date the claim arose; otherwise, such Dispute is permanently barred, regardless of any contrary statute of limitations period.

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14. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and affiliates from and against any and all losses, liabilities, claims, damages, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to your (a) use or misuse of the Service, (b) violation of any terms in this Policy, (c) violation of applicable laws, or (d) submission of false, inaccurate, or incomplete information.

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15. STATE-SPECIFIC REQUIREMENTS

California Residents:

• You may have certain rights regarding your personal information under the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), if such rights are applicable to our operations. Although we do not sell personal data, California residents can contact us with any privacy-related inquiries or requests.
• Right to Know/Access, Right to Delete, Right to Correct, and Right to Non-Discrimination may apply if our data processing meets the thresholds under the CCPA/CPRA.

For other U.S. states that have enacted privacy laws, we strive to comply with all applicable state-specific regulations. If you have questions regarding privacy rights under specific state laws, please contact us at [email protected].

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16. RECORD OF PROCESSING ACTIVITIES

Although not strictly mandated in all U.S. jurisdictions, we maintain internal records of our personal data processing activities to the extent necessary to comply with applicable laws, ensure data security, and respond effectively to any user or regulatory inquiries.

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17. CHILDREN’S PRIVACY

Our Service is not intended for children under the age of 13. We do not knowingly collect or solicit personal information from minors without parental consent. If you believe that a child under the age of 13 has provided us with personal information, please contact us immediately at [email protected].

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18. SECURITY MEASURES

We implement reasonable administrative, technical, and physical safeguards to protect your personal information from loss, misuse, unauthorized access, disclosure, alteration, or destruction. However, no method of transmission over the Internet or electronic storage is 100% secure; we cannot guarantee absolute security.

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19. FUTURE CHANGES & UPDATES

We may revise this Policy from time to time to reflect changes in our business practices, legal requirements, or technology. All changes are effective immediately upon posting of the revised Policy, or as otherwise stated at the time of posting. Your continued use of the Service following the posting of changes constitutes your acceptance of such changes.

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20. SEVERABILITY

If any provision of this Policy is held by a court of competent jurisdiction or an arbitrator to be invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the unenforceable portion shall be construed as nearly as possible to reflect the original intentions of the parties.

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21. CONTACT US

If you have any questions or concerns about this Policy or our data practices, please reach out to:

123Toys.US
Email: [email protected]
[Mailing/Business Address, if applicable]

We will do our best to respond promptly and in accordance with any applicable laws.

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Thank you for reading our Privacy Policy. By continuing to use the Service, you acknowledge that you have understood and agree to the terms outlined above. If you do not agree, please discontinue use of the Service immediately.