LEAPFROG PRODUCT DEVELOPMENT, LLC

Previous Versions

Last updated: 3.24.2023

Leapfrog Product Development, LLC values your privacy and the protection of your personal information. This Privacy Policy describes the types of personal information that we collect, how we use it, how and when it may be shared, and the rights and choices you have with respect to your information as well as how you can make requests or submit inquiries about your information.

By using our websites or using our online services, you agree with the terms of this Privacy Policy, which is part of Leapfrog’s Terms of Service . You consent to the collection, use, and disclosure of your information in accordance with this Privacy Policy. If you do not agree with our policies and practices, please discontinue use of our Services immediately. By accessing and continuing to use our websites and our online services, you agree to the collection and use of information in accordance with this Privacy Policy.

1.  APPLICABILITY, SCOPE, AND UPDATES TO THIS POLICY

THIS PRIVACY POLICY APPLIES TO INFORMATION COLLECTED THROUGH:

• Websites located at leapfrogbrands.com, elloproducts.com, zuluathletic.com, pogogear.com from which you are accessing this Privacy Policy (collectively, the "Websites”);

• Our Social Media profiles and similar marketing channels we control and administer;

• Email, telephone, and other electronic messages between you and us; and

• Promotions, surveys, sweepstakes, or contest entries, and when you otherwise voluntarily provide us information.

 Collectively, we refer to the Websites, emails, and other methods listed above as the “Services.”

THIS PRIVACY POLICY DOES NOT APPLY TO INFORMATION COLLECTED BY:

• Any third party, including through any website, application or content (including advertising) that may link to or be accessible from or on the Websites.

UPDATES TO THIS PRIVACY POLICY

This Privacy Policy went into effect on the “Last Updated” date noted near the top of this page. This Privacy Policy is reviewed regularly and may change from time to time. Your continued use of our Services after we make changes is deemed to be acceptance of those changes, so please check this Privacy Policy periodically for updates.

2.  INFORMATION WE COLLECT ABOUT YOU

As you engage with us through our Services, we may collect information that identifies, relates to, or could reasonably be linked with you or your household (“Personal Information”). We collect Personal Information when you voluntarily provide it to us, and by automated means which are part of the technology that underlies our platform which is needed to provide you the Services.

We may also collect non-personally identifiable, aggregated information. We may collect aggregated information, such as Website usage data.  This data is collected in the aggregate only but may include or be combined with other user information that users have voluntarily submitted. We commit to maintain and use data only in a de-identified, aggregate form and not attempt to re-identify this data.

Categories of Personal Information. Leapfrog collects the following categories of personal information, including in the preceding twelve months, when you provide it directly to us and when you use the Services. This information includes both personally identifiable information and information which does not directly identify you:

• Analytics, Profiles, and Inferences

• Browsing Information

• Comment and Opinion Information

• Commercial Information

• Contact Information

• Customer Records

• Financial Information

• Social Media Data

We do not collect sensitive information. Leapfrog does not knowingly collect, use, process, sell, or share Personal Information which is classified as sensitive information or “special category data.” What we mean by sensitive information is categories of data such as social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background, or trade union membership. We ask that you not send us, and you not disclose, any sensitive Personal Information on or through the Services or otherwise to us.

How long do we keep personal information? Leapfrog uses several criteria to determine how long we should keep categories of personal information. We keep data until you close or deactivate your account, until we no longer have a business purpose for the data, or until we no longer have an obligation to keep it.

Please understand that residual copies of the personal information can be stored in locations or formats that make complete erasure extremely difficult. The best way to ensure you control your information is to give us only the personal information that you are completely comfortable sharing with us.

3.  SOURCES OF INFORMATION

Leapfrog collects information from a variety of sources, including:

SERVICES USERS

We collect all of the data categories above voluntarily and Browsing Information automatically from those who visit our Websites and use our Services. We collect comments and opinions, contact, commercial, social media, and user account information from those who provide it voluntarily via contact forms and social media links.

CUSTOMERS, VENDORS, AND SERVICE PROVIDERS

We or our service providers collect commercial information, contact information, and financial information when you voluntarily become our customer, vendor, or service provider.

BROWSING INFORMATION

We collect information about you and your use of our Services whenever you use the Services both directly and through third parties. For instance, we collect various forms of information such as your IP address, entry and exit points for our Services (i.e., referring URLs or domains), Services traffic statistics, operating system and browser type (“Browsing Information”).

Browsing Information is information that does not personally identify you but is helpful for marketing purposes or for improving your experience on the Services. However, some Browsing Information may be attached to Personal Information, and we consider all Browsing Information to be Personal Information.

4.  USE OF INFORMATION WE COLLECT

Leapfrog uses Personal Information for the following purposes:

• to send you information about us and our products, including news and promotional material;

• to develop a better understanding of what your interests are across all the Leapfrog products;

• to solicit information from you, and for marketing research;

• to provide a response or confirmation to an order placed on our merchant site(s);

• to customize the Services and display content that we think you might be interested in according to your preferences;

• for testing, research, analysis and product development;

• to better design our Websites;

• to protect against fraud, suspicious, or other illegal activity; and

• to meet our legal, security, processing, and regulatory requirements.

Third-party service providers who use the Personal Information we collect about you. Third-party service providers make all or a portion of our Services available to you. Our service providers are required to use Personal Information only for the same purposes for which we would use that Personal Information. Additionally, they can only use Personal Information as instructed by Leapfrog in the contract between Leapfrog and that third-party service provider.

5.  DISCLOSURE OF PERSONAL INFORMATION

Selling and Sharing. Leapfrog does not sell your Personal Information, nor have we done so in the last twelve months. We do share your anonymized information with analytics service providers such as Google. By “share,” we mean making Personal Information available to a third party for cross-context or interest-based advertising. Google may combine your browsing information, including information from your use of our Websites, to generate interest-based advertisements.

We make your Personal Information available to third parties under a variety of circumstances. We disclose your information:

• When you consent. Out of respect for your privacy, Leapfrog will not disclose your Personal Information to others without your consent, except as specified in this Privacy Policy.

• To other brands affiliated with Leapfrog Product Development LLC. Our affiliates and subsidiaries (i.e., any organization or brand we own or control) or our ultimate holding company Leapfrog Product Development, LLC (i.e., any organization that owns or controls us) and any subsidiaries it owns. We disclose the Personal Information that we collect to other Leapfrog brands. These brands may use your Personal Information in the same way as we can under this Privacy Policy.

• To third parties at your request. You may choose to share your activities on our Service with your friends through email, text, or on various social media networks.

• To select third parties. Third parties, so that they can provide you with information and marketing messages about products or Services that may interest you. To opt-out of our sharing your Personal Information with such companies, see Your Privacy Choices, below.

• To our promotional partners. Third parties with whom we partner to provide contests and sweepstakes, or other promotional activities.

• To service providers and advisors. Third-party vendors and other service providers that perform services for us, on our behalf, which may include identifying and serving targeted advertisements, providing mailing or email services, tax and accounting services, product fulfillment, payments processing, data enhancement services, fraud prevention, web hosting, or providing analytic services. These service providers are required by contract or law to only use or disclose the Personal Information as necessary to perform services on our behalf or as otherwise required by law.  Although Leapfrog requires these third parties to meet our privacy and security requirements, Leapfrog does not control the privacy or security policies of our service providers and advisors.

• To our product suppliers. Third-party product suppliers who may have a legitimate business or legal interest in receiving such Personal Information. For example, Personal Information may be shared with product suppliers to fulfill warranty service obligations, product recalls, or transaction tracking regarding shipments or leases of supplier products.

• To the public. When you provide feedback or post user content on our Service. For example, if you post a product review on our website or a comment on our social media sites, your information, such as your first name, last initial, state of residence, and your comments, may be displayed on our website or on our social media pages.

• To purchasers and third parties in connection with a business transaction. Personal Information may be disclosed to third parties in connection with a Leapfrog-related transaction, such as a merger, sale of Leapfrog assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business by another Leapfrog or third party, or in the event of a bankruptcy or related or similar proceedings; and

• When law enforcement, regulators and other parties request information for legal reasons. We may provide your Personal Information without your consent to third parties as required by law or subpoena or if we reasonably believe that such action is necessary to

  • comply with the law and the reasonable requests of law enforcement;

  • to enforce our Terms of Use or to protect the security or integrity of our Service; and/or

  • to exercise or protect the rights, property, or personal safety of Grainger, our visitors, or others.

6.  YOUR PRIVACY RIGHTS

Certain laws like the California Privacy Rights Act, the Virginia Consumer Data Protection Act, and the Colorado Privacy Act, grant you rights to control your Personal Information. Consistent with these laws, Leapfrog gives you options to access, edit, or remove certain Personal Information, as well as choices about how we contact you. Although some of these rights apply generally, certain rights will only apply to limited individuals or circumstances.

• Right to Know and Access Information. Note that much of the information you are entitled to know or access is disclosed in this Privacy Policy. With this said, you have the right to know about our information practices. You also have the right to access the categories of Personal Information we collect, with whom we share or sell that Personal Information, and, in some cases, what specific Personal Information we associate with you or your account.

• Right to Data Portability. If you request a copy of your specific Personal Information then we will provide it in an easily accessible format.

• Right to Deletion or Erasure. You may request that we delete the Personal Information we have collected about you. Depending on the applicable law, in some cases we are required or permitted to retain your information, even if you validly requested we delete or erase it.

• Right to Correct Information. You may request we correct or rectify inaccurate Personal Information we associate with you or your account.

• Right to Limit Use of Information for Advertising. You may opt-out of our use of your Personal Information for advertising purposes.

• Right to Withdraw Consent. You may withdraw your consent to our data privacy practices.

• Right to Non-Discrimination. You have the right to not experience discrimination from us for exercising the rights listed in this section. What we mean by discrimination is denying you access to our Services or limiting the quality of our Services. However, limiting use of, or deleting, your Personal Information may restrict the purposes or uses that rely on that Personal Information. If you need further assistance, you can contact Leapfrog through one of the channels listed below under “Contact.”

Other California Privacy Rights.

California Civil Code Section 1798.83 (California’s “Shine the Light” law) permits users of our Websites that are California residents and who provide Personal Information in obtaining products and services for personal, family, or household use to request certain information regarding our disclosure of Personal Information to third parties for their own direct marketing purposes. If applicable, this information would include the categories of Personal Information and the names and addresses of those businesses with which we shared your Personal Information with for the immediately prior calendar year (e.g. requests made in 2023 will receive information regarding such activities in 2022). You may request this information once per calendar year.

7.  EXERCISING YOUR RIGHTS

To exercise any of your privacy rights, either:

• Email Leapfrog at privacy@leapfrogbrands.com.

OR

• Complete our privacy request web form.

Please include your email address, full name, and your specific information about your request(s) and, if applicable, specifically what information you do not want to receive. If you would like to update or correct your email address, street address or other Personal Information with us, please include specific details about the Personal Information you wish to have updated or corrected.

 Leapfrog’s process to fulfil a privacy rights request:

• We acknowledge your request. Leapfrog will first send you a message acknowledging receipt of your request.

• We ensure that you are the person making the request. In general, when you make a request Leapfrog will take steps to verify your identity. Verification steps may include asking you for Personal Information, such as your name, address, or other information we maintain about you. If we are unable to verify your identity with the degree of certainty required, we will not be able to respond to the request. In that case, we will notify you to explain the basis of the denial.

• Your agent can submit requests for you. You may also designate an authorized agent to submit requests on your behalf. If you do so, you will be required to verify your identity by providing us with certain Personal Information as described above. Additionally, we will also require written proof the agent has permission to act on your behalf. We will deny your request if the agent is unable to submit proof to us that you have authorized them to act on your behalf.

• How long will it take? Leapfrog will either fulfill or reject your request as soon as we can, generally within 45 days from when we receive your request (or less, if required by law). But we may be allowed to take longer to process your request under certain circumstances. We will let you know if we expect your request will take us longer than normal to fulfill.

• What if my request is denied? You may appeal your denial if you feel we have made a mistake. To submit an appeal, please use the same method of contact listed above.

8. YOUR PRIVACY CHOICES

Messaging and newsletter communications. You may control how you receive certain types of communications by unsubscribing within the body of the communication. Note that some messages are required, service-related messages like transaction confirmation messages, legal notices, or updates. If you no longer wish to use our Services or the website, or receive optional communications then you may submit requests to your personal information.

Cookies and web tracking technologies. You may limit the automatic collection of information by Google, including the collection of personal information about your online activities over time and across third-party websites or online services, by opting-out of such collection. Download the opt-out browser extension, located here, to opt-out of the automatic collection of browsing and device data. Note that some of the third parties we work with may not acknowledge signals from the opt-out browser extensions. 

Opt out of cross-context and interest-based advertising. You can opt out of interest-based advertising as described in this section and in the “Cookies and Similar Technologies” section of this Policy.  When you opt out, your selection is stored on a cookie on your device.  If you delete the cookie from that device or sign in from a different device, you will need to opt out again.

Because the data used for interest-based advertising is also used for other necessary purposes (including providing our Service, for authentication, and security purposes), opting out of interest-based advertising does not stop the data from being collected nor reduce the number of advertisements you will see. However, the data will not be used for interest-based advertising, which means the advertisements you do see may be less relevant to you.

When using a mobile application, you may receive interest-based in-application advertisements. Depending on your device, you may be able to reset your mobile device’s advertising identifier at any time by accessing the privacy settings on your device. In addition, each operating system (e.g., iOS for Apple devices, Android for Android devices and Windows for Microsoft devices) provides its own instructions on how to prevent the delivery of interest-based in-application advertisements. You may review the support materials and/or the privacy settings for the respective operating system in order to opt-out of interest-based in-application advertisements. For any other devices and/or operating systems, please visit the privacy settings for the applicable device or contact (or review the applicable privacy web page of) the applicable platform operator.

You can limit the automatic collection of information by any participating third-party advertisers. To submit your request to opt-out of that automatic collection of browsing data, visit the Digital Advertising Alliance page or the Network  Advertising Initiative page.

9. SECURITY

We want you to have continuing trust in us and in our products and Services. In order to prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place reasonable and appropriate physical, electronic, and managerial procedures to safeguard the information we collect including limiting access to information to only those who need it to do their job.

Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, although we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through our Services cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Websites, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

10. USE OF SERVICES BY MINORS

We respect children’s privacy. The Services are not intended for children under the age of 16.  We do not knowingly solicit or collect personally identifiable information online from children under the age of 16.  We do not knowingly share or sell personal information of minors under 16 years of age. If you believe we might have any information from a child under 16, please contact us through our Website at https://www.leapfrogbrands.com/contact-us or through email at privacy@leapfrogbrands.com.

11. THIRD-PARTY LINKS

The Services may contain links to non-Leapfrog websites. We are not responsible for the privacy practices or the content of non-Leapfrog websites. We have no control over the use of such websites and you should exercise caution when deciding to disclose any Personal Information or User-Generated Content on these websites.

As stated above, this Privacy Policy does not apply to information collected by third party websites that may be accessible through the Services. We use third-party service providers, such as internet service providers, to help us provide the Services, and manage our technology platform. As part of these activities, we may use these third-party providers to collect information as described above. We are not responsible for the privacy practices of any third parties or the content of linked websites. We encourage you to read the applicable privacy policies and terms and conditions of such parties or websites.

12. CONTACT INFORMATION

Please feel free to contact us with any questions or comments you have about this privacy notice or our privacy practices.

If you have any questions, concerns, complaints or suggestions about this Privacy Policy, have any requests related to your Personal Information pursuant to applicable laws, or otherwise need to contact us, please contact us at:

Leapfrog Product Development, LLC

1400 N. Kingsbury St., Suite 100

Chicago, Illinois, 60642

United States

https://www.leapfrogbrands.com/contact-us

privacy@leapfrogbrands.com