The Toyary is committed to providing you with relevant and satisfying toy borrowing, purchasing and learning experiences. To better meet your product and service needs, we do collect select information about you through your use of our website and through occasional feedback mechanisms.
This Privacy Statement applies to thetoyary.com and The Toyary, LLC (collectively, “The Toyary”) and describes the types of information we collect from you and how we use it. Some of this information is considered personally identifiable information (“Personal Information”). Personal information can be used, alone or with other information, to identify a person.
This Privacy Statement lists the situations in which we collect Personal Information, the types we collect, and how we use, share and protect your Personal Information. By using thetoyary.com (“Site”) and by engaging in any of the activities listed below, you consent to the data practices described in this statement.
Where and When Do We Collect Information?
We collect Personal Information from you when you engage in the following activities:
- When you visit our Site on any device, desktop, mobile or tablet.
- When you make an online and/or membership purchase through our Site.
- When you register and create an account on our Site.
- When you call us on the telephone, send us an e-mail, submit a product review, or submit a form on our Site.
- When you sign up for our e-mail or newsletter service to receive offers, updates and blog posts.
- When you upload content such as photographs and comments to our Site, blog or to any of our social media sites (“Social Media”).
- When you participate in any of our events and promotions, or respond to a survey or questionnaire.
- When you enter a sweepstakes or contest sponsored by us or one of our partners.
- When you click-through or engage with The Toyary content which is displayed on a third party website, mobile site, or social networking site.
What Personal Information Do We Collect?
Personal Information that we collect may include:
- Your first and last name, designated agents, the names of your covered child(ren), and your address, e-mail address, telephone number, and social media handles.
- Your billing and credit card information
- The products and membership types that you purchase through our Site
- The IP address and information about the device or web page that you use to interact with us
- Photographs, comments, opinions and reviews, and other information that you share with us through our Site and Social Media
You have the option to accept or decline cookies by modifying your browser settings. Please note that if you choose to decline cookies, you may fail to experience the full features of the websites you visit, including our Site.
How do we use and share personal information?
We may use your Personal Information in the following ways. We also may gather additional personal or non-personal information in the future.
- To respond to your questions or comments.
- To improve our customer service.
- To communicate with you about our items, services, promotions, news and updates that may be relevant to you.
- To provide you with the option to participate in a survey or questionnaire about our business and services.
- To help us make improvements to our Site and Social Media.
- To tailor and present information and offers to you based on your searches, information, and activity on our Site or Social Media.
- To support and improve our internal business practices, to drive greater value, access and convenience to you.
- To conduct research and data analysis, evolve our offer, track trends, and determine the effectiveness of our content and promotions.
While The Toyary does not sell, rent or lease its customer lists to third parties, we may share Personal Information with trusted and relevant third party service providers in these ways:
- To authorize credit card transactions and billing information for processing your membership and/or item payments and fulfilling orders.
- To perform statistical analysis.
- To operate our Site such as by website hosting, fraud screening, and e-mail delivery.
- To send you email or postal mail, and/or to arrange for deliveries.
- To provide customer support.
- To protect our and your user rights, comply with legal obligations, and/or act against potential or suspected illegal activities, personal threats, or violations of our terms and conditions.
- In other ways that you would provide your consent for.
All third parties are prohibited from using your personal information except to provide these services to The Toyary, and they are required to maintain confidentiality.
In addition, you may share information with us that may be seen by others, when you post to our Site or Social Media. Do not share this information through these platforms if you do not wish it to be seen by others. If you change your mind about information you already shared with us, simply email us at [email protected] or call us at 334-TOY-PLAY.
How Do We Protect Personal Information?
We follow industry standards to protect against unauthorized access, use and disclosure of the Personal Information we collect. These steps include storing Personal Information on servers with Secure Sockets Layer (SSL) encryption software. However, no transmission of data online or by mobile is guaranteed to be fully secure. A third party that is not under our control may illegally intercept or access data or private communications. While protecting your Personal Information is of utmost importance to us, any transmission is done at your own risk. Neither The Toyary nor our service providers can guarantee or warrant the security of any information you transmit to us online.
What Are Your Choices?
You may receive communication from us with information about our offerings, services, Site content and updates. You can opt out of receiving these messages by clicking the “unsubscribe” link in any emails you receive, or by contacting us at [email protected] or by calling us at 334-TOY-PLAY. If you choose to opt out of these forms of communication, we still may retain your Personal Information for recordkeeping and internal research purposes. You can disable cookies on your web browser by referring to the HELP menu option on the toolbar for most browsers.
Third Parties and Links
Retention of Personal Information
We will retain Personal Information for the period necessary to fulfill the purposes outlined in this policy unless a longer retention period is required or permitted by applicable law or regulation. We may store your data on servers provided by third party hosting vendors with whom we have contracted.
Personal Information of Children
Our Site and Social Media are directed to parents and caregivers of children and to individuals over the age of 13 who may shop for and purchase our products. We do not knowingly solicit or collect Personal Information from children younger than 13. If we learn that a child under the age of 18 has shared Personal Information with us, we will not use that information except as necessary to protect the child and others according to the law. We also will take all reasonable measures to have that information deleted. If you become aware that we have collected Personal Information from a child under the age of 13, please contact us immediately at the e-mail address or telephone number provided below.
Changes to this Statement
- Call 334-TOY-PLAY (334-869-7529)
- E-mail us any time at [email protected]
- Update or change your billing information by signing into your account at thetoyary.com
Effective as of January 4, 2021
We reserve the right at any point to accept or decline your order and/or membership or any portion of it, even if your order and/or membership has already been confirmed. All taxes assessed to any order are the responsibility of the purchasing member or shopper, including, but not limited to, local and regional sales taxes.
For any new and/or second-hand toys or other items sold, your final invoice covers the specific item(s) listed on the face thereof (the “Goods”) and the purchase price. A member or shopper (“purchaser”) has one week (7 business days) to return a purchased item. The Toyary maintains discretion as to whether or not to accept the returned item based on the condition in which it was sold and the condition upon which it was returned.
All content in our Site and the compilation of it, including text, visuals, logos, and audio and video clips is the property of The Toyary, LLC (“The Toyary) and thetoyary.com or its collaborators, such as content creators and toy makers, among others. You are strictly prohibited from claiming our content as your own.
All trademarks, logos, service marks and trade names belong to The Toyary, or others who may be contributing to the Site.
Disclaimer and Safety Warning
The content, services, and items offered for sale are provided on an “As Is” basis with no warranty. To the maximum extent permitted by law, The Toyary disclaims all expressed or implied representations and warranties regarding the information, services, products and materials it offers, including but not limited to freedom from computer viruses and any implied product, safety or security warranties. The Toyary does not claim or warrant that content on its Site is accurate, complete or up to date. Price and availability may change without notice.
Just as The Toyary recommends to members of its toy library, The Toyary requires that a purchaser inspect any good(s) he/she is buying. The Toyary is not responsible for a purchaser’s failure to inspect the goods. The purchaser understands that goods sold at The Toyary may have previously been used by person(s) other than The Toyary and discharges The Toyary from any and all liability directly or indirectly resulting from he or she, children or any others using the product(s) purchased.
Toys sold through The Toyary may contain small parts, points, edges or other cautious aspects that are not for children under three (3) years of age and/or that are specifically for older children. Children ages three (3) and under are especially susceptible to toy injury. Members and purchasers are responsible for researching the appropriate ages, skill levels and operational specifications for the item loans and purchases they make through The Toyary. This responsibility includes supervising your child(ren)’s play and checking toys regularly for damage and other hazardous issues.
Toys and other products on the Site are available for borrowing when no one else has checked them out. Toys and other products that are available for sale are valid and effective only in the United States and currently only in select locations within the Commonwealth of Massachusetts. It is at the discretion of The Toyary to identify the local areas for which memberships and purchases currently apply.
Please note that prices, images and descriptions presented on the Site are subject to change. The Toyary is not responsible for unintentional errors and you should contact us immediately with any concerns about a discrepancy. When you apply for a membership or order a toy, item or event purchase from us, you agree to the price and terms identified. Any future or past price differences are irrelevant and non-refundable. Your computer or device settings, display and technical specifications could affect how a product(s), pricing and other information appears.
Disclaimer of Liability
The Toyary assumes no responsibility for the misuse of used or new toy products and other items sold through The Toyary online or in-person. In no event is The Toyary liable for any indirect, special, punitive, incidental, exemplary or consequential damages, even if The Toyary has been previously advised of the possibility of such damage in connection with the use, performance or performance failure of the content, services, toys and/or other items available from our Site.
While every effort has been made to ensure the accuracy of the information on our website, The Toyary is not responsible for any errors or omissions. This information should NOT be taken to constitute legal advice or opinion, or to replace manufacturer guidelines. The Toyary disclaims all responsibility and accepts no liability (including negligence) for consequences of any person acting, or refraining from acting, on this information.
Members and purchasers acknowledge that goods loaned and/or sold through The Toyary may be dangerous if improperly used. Members and purchasers must contact the original manufacturer of item(s) used/purchased to obtain up-to-date safety precautions, operation manuals and other information to ensure the safe operation of Goods and the safety of those, including child(ren), who are using them. The Toyary is not responsible for any loss or injury resulting from defects or alleged defects in items borrowed or sold, or from their use.
Member and/or purchaser agrees to defend, indemnify and hold harmless The Toyary and its agents from and against any and all liabilities, judgments, claims, settlements, losses, damages, penalties, obligations and expenses incurred by such person arising from any loss, damage or injury to person or property arising from items borrowed or sold by The Toyary. This indemnification applies to Members and purchasers and any transferee third-party users of the goods.
Limits of Responsibility
The Toyary is not responsible for damage and/or loss of parts incurred by the member, covered child(ren) or any other user(s) during operation of product(s) made available and/or sold on our Site.
User Generated Content (UGC)
- You own content shared with us, and you’re not violating anyone else’s rights and intellectual property in doing so.
- You have the right to share your UGC, you are over 18 years old and you are legally responsible for any child(ren) depicted in any images shared.
- Sharing your UGC with us grants The Toyary license to use your UGC without expiration and without any compensation.
- We are under no obligation to use your UGC, and we may selectively republish UGC at our discretion on our Site, social media platforms, and/or other communication vehicles.
- Sharing your UGC releases The Toyary from any and all liability that may arise from our use of it.
- Sharing your UGC with us makes it publically available, including any personal information you might disclose in it. If you want us to remove your UGC from our site, e-mail us at [email protected] or call us at 334-TOY-PLAY. Your waiver of rights will still apply to any UGC used.
Last modified: January 4, 2021