GENERAL PRIVACY POLICY

Effective Date: March 19, 2009

Ganz, an Ontario partnership, is committed to protecting the privacy and confidentiality of personal information entrusted to us.

What Is Personal Information?

This Privacy Policy is applicable to all users of the Ganz Websites, defined below, and all customers of Ganz who provide personal identifiable information (“PII”). When this Privacy Policy uses the term “PII”, we mean information that identifies a particular individual, such as the individual′s full name (first name and surname together), postal address, and email address. When certain other information such as your favorite Webkinz pet, or other non-identifiable information is directly associated with PII, this other information also becomes PII for purposes of this Privacy Policy. Some jurisdictions may call personally identifiable information “personal data” or “personally identifying information,” and may include opinions about or related to a user within the definition of PII. We sometimes refer to PII in this Privacy Policy as “personal information.”

What Is the Scope of Our Privacy Policy?

This Privacy Policy addresses our policies and procedures relating to the personal information of individuals, such as our customers. This Privacy Policy is intended to assist you in understanding Ganz′s policies and procedures relating to our management of personal information and is applicable to Ganz, an Ontario partnership, its successors and assigns, and various websites operated by Ganz, including but not limited to webkinz.com, webkinzjr.com and ganzestore.com, each a “Website.” This Privacy Policy is applicable to PII of all users of the Websites.

Compliance with EU Data Privacy Directive

Ganz complies with the EU Data Privacy Directive to the extent it applies to the information Ganz maintains. This gives you certain rights in relation to the information which we hold about you.

When you provide us with your information, you acknowledge that the information will be stored and processed on servers located in Canada.

Personal and Other Information Collected by Ganz

Ganz may collect personal information that is voluntarily provided by you when you order a product, enter a promotion such as a sweepstakes or skill contest, answer our polls or surveys, register as a member on some of our Websites, sign up for additional services on our Websites, or communicate with us by mail, telephone or electronically. The type of information we collect and maintain may include your name, mailing address, email address, telephone number, gender, date of birth, purchase history, credit card number, chat room communications, complaints you may have about our products or services, a record of promotions offered to you, your Ganz product preferences, such as favorite pets and themes. This type of information is collected, used and disclosed in accordance with the form of consent required by applicable law and its use is limited to the objectives for which it was collected as described in this Privacy Policy.

We may collect information through technology (such as logging IP addresses) for routine system administration purposes, to make our Websites more interesting and useful to you, or to manage content delivery. For instance, we use technology to track traffic patterns on the Website. Once you have logged into a Website, we track your activities by using logs of database transactions and server interactions. This data may be used, for example, to maintain your pets' status on the webkinz.com Website. We also use this information to understand which areas of our Websites are most appealing or least appealing or to deliver content that is specific to your country or area of residence. Ganz may also collect information that is stored in cookies, and we may associate this information with your personal information. Cookies are small pieces of information stored on your hard drive, not on our Websites. We use cookies for a number of reasons. Cookies allow you to store your password without having to constantly re-enter it. Cookies also help us to tailor messages that better match your needs and interests, and they allow us to better understand how users in general use our sites, which in turn helps us to focus our resources on features that are most popular with our users. You are always free to decline our cookies if your browser permits, but some parts of our sites may not work properly if you do.

Consent

We reserve the right to collect, use and disclose your personal information without consent where required or permitted by law.

Otherwise, personal information will be collected, used and disclosed in accordance with the form of consent required by applicable law and its use will be limited to the objectives for which it was collected as described herein. The form of your consent can vary from implied consent to express consent, depending upon the circumstances and the sensitivity of the type of information collected. We will rely on implied consent when we can reasonably conclude that you have given your consent by your action (e.g. by giving us your name and contact information so that we may send the eStore Items you have ordered) or inaction (e.g. by not exercising an ability to opt-out that is provided to you at the time your contact information is collected). This Privacy Policy identifies the purposes for which your personal information is collected, used and disclosed. Additional consent will be obtained from you should we wish to use or disclose your personal information for any additional purpose.

Why Does Ganz Collect Personal Information?

Ganz collects personal information for the following reasons:

1. To provide you with the products or services you have requested, including processing your payment;
2. To better understand you, to allow us to serve you better through enhanced products, customer service and directed Ganz promotional efforts of particular interest;
3. To properly investigate and respond to any complaints, questions or concerns you may have about our products or services; and
4. To determine your eligibility for our products and services.

If you opt in to receive offers, promotions or other information from Ganz, your information will be used to provide you with promotional offers for Ganz products that we believe may interest you and to solicit your opinion on our products and services. If you have opted in to receive these offers, we may also use your personal information to ensure that your contact information is accurate and up to date.

What Kind of Personal Information Does Ganz Disclose, to Whom and Why?

Ganz may share your personal information with other members of the Ganz corporate group, and their respective successors and assigns, but only to the extent necessary to fulfill the purposes identified under the heading “Why Does Ganz Collect Personal Information?”. In addition to this inter-corporate sharing, Ganz may disclose your personal information to third parties as follows:

1. To Third Parties To Perform Processing and Other Specialized Services: At times, Ganz may use outside organizations to perform specialized services such as, but not limited to, payment processing, prize fulfillment of our sweepstakes and skill contests, or collection of overdue accounts. These service providers are only given the information needed to perform those services and they are bound contractually to protect the privacy and security of your information and to limit the use of your information to the service being provided.
2. To Third Parties in the Event of Legal Reasons: We advise you that we may disclose personal information to the government or other legal or regulatory authorities (i) if so ordered by a court of law or (ii) for other legal reasons, such as (a) to comply with legal process such as a search warrant, subpoena or court order; (b) to protect the company′s rights and property; (c) to investigate reports of fraud or of users sending material using a false email address or users sending harassing, threatening, or abusive messages; (d) to protect against misuse or unauthorized use of our Website; or (e) in emergencies, such as when we believe someone′s physical safety is at risk. In some cases, disclosure may be required by law to be without notice to you.
3. To a Third Party in the Event of a Significant Transaction or Other Event: In the case of any significant transaction or event involving Ganz or any of its related entities or divisions such as, by way of example, a sale, merger, amalgamation, financing, re-organization, liquidation, or insolvency, other parties to the transaction and their professional advisors may need to have access to Ganz′s customer lists and various databases as part of the due diligence process. In this event, Ganz would only provide such access under terms of a strict confidentiality agreement. Also, upon completion of the transaction or event, your personal information would be transferred to Ganz′s successor-in-interest to be used for the purposes for which it was collected.

How Long Does Ganz Retain Personal Information?

We keep your information for a period reasonably necessary to meet the purposes for which it was collected or to comply with any legal requirements, including statutory retention periods. When your personal information is no longer required for a specific purpose or legal requirement, it will be erased from our records.

What Security Measures Does Ganz Have in Place To Safeguard Personal Information?

Ganz has implemented physical, electronic and administrative measures to protect your information from error, loss or unauthorized access. For example, we use industry-standard efforts, such as passwords, firewalls and Secure Socket Layers, to safeguard the confidentiality of your personal information contained on our computer systems. In addition, our employees and any third parties we use are contractually bound to protect the confidentiality of your information and access is restricted to those with a need to know the information to carry out the identified purpose.

Where is my Personal Information Located?

Your personal information may be stored and processed on servers, including those of our authorized third parties, located in Canada. These servers shall always be subject to the safeguards described in this Privacy Policy to protect against unauthorized collection, use or disclosure, and you shall be able to access the personal information stored in such servers in accordance with this Privacy Policy.

Non-Personal Information

Non-personal or aggregated information is information that cannot be associated with or traced back to a specific person. When users browse our Websites, for example, we gather information about the number of users who are viewing each page so that we can learn what features are the most popular. We also use this data, both aggregated and personally identifiable, to personalize and enhance your onsite experience by displaying content and marketing messages we believe will be of interest to you and to deliver content that is specific to your country or area of residence. We may disclose anonymous, aggregated information about our Websites to third parties.

In addition, to help us better understand our markets, we may gather demographic information for analytical purposes on an anonymous, aggregate basis. This information is not kept, used or disclosed at the individual level, but may be disclosed to third parties on an anonymous, aggregate basis.

Links to Third Party Sites

Users may, through hypertext or other computer "links", gain access to other websites on the Internet which are not operated by Ganz. Ganz is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Ganz of the website linked to. GANZ ASSUMES NO RESPONSIBILITY FOR ANY MATERIAL OUTSIDE OF THE WEBSITES OPERATED BY GANZ AND ITS AFFILIATES, INCLUDING ANY WEBSITES WHICH MAY BE ACCESSED THROUGH A LINK ON A GANZ OPERATED WEBSITE. Unless otherwise indicated at a Ganz operated website, Ganz is not sponsored by or affiliated with the linked websites, and trademarks used in connection with linked websites are not trademarks of Ganz. Ganz specifically disclaims responsibility for any inadvertent viewing by anyone under the Age of Majority (as defined in the applicable Website user agreement) of any material intended for adults on a website accessed through use of a linked website.

How To Control How Your Personal Information is Collected, Used and Disclosed

You have control over how we collect, use and disclose your personal information. Any comments, questions or changes regarding the collection, use and disclosure of your personal information shall be directed to Ganz Customer Service Department, as described below. You may choose not to receive email from us, even after granting permission, by unsubscribing. Instructions on how to unsubscribe from emails that are not related to processing of your transactions with us are included in each such email. A request for a copy of the personal information we keep about you, depending on the laws of your country, must be made in writing giving details with which Ganz can identify you. Information will be furnished in accordance with applicable law.

Questions, Comments or Accessing or Updating Your Personal Information:

If you have any questions or comments about Ganz′s Privacy Policy, would like to advise us how you would like your personal information not to be used or disclosed, or would like to access or update your personal information please contact our webmaster at privacy_officer@ganz.com. You can also write to us at Webkinz, c/o Ganz, One Pearce Road, Woodbridge, Ontario, L4L 3T2, Canada.

Please note that certain information is required by Ganz to process payment and fulfill any orders that you may place through a Website, and if you withdraw your consent to the collection, use or disclosure of your personal information for these purposes, then Ganz will not be able to fulfill your orders.

If, after contacting our Customer Service Representative, your concerns or questions have not been resolved to your satisfaction, you can contact Ganz Legal Department in writing via mail or fax:

Ganz
Attention: Legal Department

One Pearce Road, Woodbridge, Ontario, Canada L4L 3T2

Fax Number: 905-851-7427

Acceptance of Privacy Policy

This Privacy Policy outlines the information usage practices of Ganz. By accessing, browsing or using this Website or by submitting your personal information to Ganz, you signify your agreement to the terms and conditions of this policy. If you do not agree to this policy, please do not submit your personal information to us. We reserve the right, at our discretion, to change, modify, add or remove portions of this Policy at any time. If at some point in the future, there is a material change to our information usage practices that affects your personal information, you will be notified of such change by a conspicuous posting on the Websites and will be prompted to elect whether or not you agree to the change. Depending on the changes made, you may be unable to utilize a Ganz service or Website if you choose not to agree to a modification to this Privacy Policy. If any future change affects our payment processing and order fulfillment functions, if you withhold your consent, we may not be able to continue to process payments or fulfill orders from you. Your acceptance of a revised policy, which may be communicating by clicking to indicate your consent for the continued provision of your personal information to Ganz following the effective date of any changes to this Privacy Policy shall mean that you have accepted those changes, subject to your continuing right to notify us at any time as to how you would like us to treat your personal information.

Last modified on March 19, 2009