PRIVACY POLICY

Last Updated: August 19, 2024

INTRODUCTION

Oriental Trading Company, Inc. and its subsidiaries and family of brands, including Oriental Trading, Fun Express, SmileMakers, MindWare, Fun365, Morris Costumes, and Halloween Express, (collectively, “Oriental Trading,” “we,” “our,” or “us”) respect the privacy of your information. This Privacy Policy is designed to assist you in understanding how we collect, use, share, and safeguard your information. This Privacy Policy applies to individuals who access this website ("Site") and any of our online and, where required, offline services (collectively, "Services").

From time to time, we may change this Privacy Policy. If we do, we will post an amended version on this webpage. Please review this Privacy Policy periodically.

For more information as to our use of cookies and other tracking technologies, please see our Cookie Policy.

This Privacy Policy covers the following topics:

1. Personal Data We Collect
2. How We Use Your Personal Data
3. How We Share Your Personal Data
4. Universal Opt-Out Mechanisms
5. Security
6. Third Party Links
7. Children’s Privacy
8. Notice of Financial Incentive / Loyalty Program
9. Your State Privacy Rights and Additional Disclosures
10. Notice to California Residents
11. Accessibility
12. How to Contact Us

PERSONAL DATA WE COLLECT

We collect personal data from you through your use of the Site and Services. Personal data is information that is linked or reasonably linkable to an identified or identifiable individual. We collect the following types of personal data:

Personal Data You Provide

Depending on how you interact with our Site and Services, we will collect the following personal data that you voluntarily provide to us for the following purposes:

• Create an Account. When you create an account with us, you will provide us with certain information including your name and email address, and you will create a password.
• Place an Order. When you place an order with us, you will provide us with your name, mailing address, phone number, email address, and payment information (e.g., credit or debit card number). If you place an order for a custom-made product, you have the option to provide us with additional information, such as your date of birth, a photograph, or other event details.
• Sign Up for Email. If you sign up to receive emails from us, you will provide us with your email address. To opt out of our marketing emails, you can click to unsubscribe. You may also unsubscribe by clicking the unsubscribe link included in the footer of our emails.
• Marketing. We may use your contact information to market our products and Services to you. If you consented to receive SMS marketing text messages, we do not share with, rent or sell your cell phone number to unaffiliated third parties for their own marketing purposes, but we may use it as otherwise described in this Privacy Policy. If we have your mailing address, we may send you catalogs or other marketing materials. From time to time, our catalog mailing list may be shared, rented or exchanged with other responsible businesses, vendors and service providers. If you do not want your name shared with businesses unaffiliated with us or if you do not want to receive our catalogs, please call 1-800-348-6483 or fax us at 1-800-327-8904. Just know that it may take us two to four weeks to remove your name from our list. Our mailing address is 5455 South 90th Street, Omaha, Nebraska 68127.
• Request a Catalog. When you request a catalog from us, you will provide us with your name, email address, and mailing address. You may choose to provide us with your phone number and the name of your business or organization.
• Enter a Contest or Giveaway. If you enter into one of our contests or giveaways, you will provide us with your name, email address, mailing address, telephone number and other information depending on the promotion.
• Chat with Us. If you use our chat feature, you will provide us with your email address, first name, and any information you choose to provide in your chat message. Our chat feature may use chatbots and is provided by a third-party chat provider. The chat provider may collect, record, and store the information you provide in the chat.
• Apply for a Job. If you apply for a job with us, you will provide us with your name, email address, telephone number and other information as required for the position. We use a third party to collect this information. If you use our Recruiting Assistant chatbot feature, you will provide us with any information you choose to provide in your chat message. Our Recruiting Assistant chatbot feature is provided by a third-party chatbot provider. The chatbot provider may collect, record, and store the information you provide in the chat.
• Otherwise Interact with our Site or Services. When you log-in to your account, send us any feedback, questions, comments, suggestions, ideas, or interact with us in any way, you may need to provide us with your log-in information, name, email address, and/or phone number.

You may use your account to access, correct, or view certain personal data we have collected and which is associated with your account. Our marketing emails also provide a link for you to update your email address.

Personal Data as You Navigate Our Site

We automatically collect certain personal data through your use of the Site and our use of cookies and other tracking technologies, such as the following:

• Usage Information. For example, the pages on the Site you access, the frequency of access, and what you type or click on while on the Site.
• Device Information. For example, hardware model, IP address, operating system, application version number, and browser.
• Mobile Device Information. Aggregated information about whether the Site is accessed via a mobile device or tablet, the device type, and the carrier.
• Location Information. Location information from Site visitors on a city-regional basis.

To learn more about how we use cookies and to manage your cookie settings, please see our Cookie Policy.

Personal Data We Collect About You from Other Sources

In some cases, we may receive personal data about you from other sources. This includes your family and friends, our affiliates, data analytics providers, social media networks, advertising networks, list brokers and managers, shipping service providers, list rentals and cooperatives, internet service providers, government entities, operating systems and platforms, and data brokers.

HOW WE USE YOUR PERSONAL DATA

In addition to the purposes stated above, we may use all the personal data we collect in accordance with applicable law such as to:

• Maintain and improve our Site and Services;
• Protect the security and integrity of our Site and Services;
• Investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or violations of our Terms of Use, and to otherwise fulfill our legal obligations;
• Monitor compliance with and enforce this Privacy Policy and any other applicable agreements and policies;
• Defend our legal rights and the rights of others;
• Fulfill any other purposes for which you provide it;
• For any purpose that is reasonably necessary to or compatible with the original purpose for which we collected the personal data as disclosed to you; and
• Comply with applicable law.

HOW WE SHARE YOUR PERSONAL DATA

We may share the personal data that we collect about you in the following ways:

• With vendors who perform data or Site-related services on our behalf (e.g., email, hosting, maintenance, backup, analysis, marketing, etc.);
• With vendors to prepare, deploy and analyze advertising content;
• To the extent that we are required to do so by law;
• In connection with any legal proceedings or prospective legal proceedings;
• To establish, exercise, or defend our or a third party's legal rights, including providing information to others for the purposes of fraud prevention;
• With any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal data where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal data;
• With any other person or entity as part of any business or asset sale, equity transaction, merger, acquisition, bankruptcy, liquidation, or similar proceeding, or in preparation for any of these events;
• To complete a transaction, provide a product or services or perform a contract;
• To perform research and analysis for marketing, user experience, technological or product development purposes;
• With any other person or entity where you consent to the disclosure; and
• For any other purpose disclosed by us when you provide the personal data or for any other purpose we deem necessary, including to protect the health or safety of others.

UNIVERSAL OPT-OUT MECHANISMS

The Site recognizes the Global Privacy Control (“GPC”) signal. If you are using a browser setting or plug-in that sends an opt-out preference signal to each website you visit, we will treat that as a valid request to opt out of sales or sharing (i.e., targeted advertising). To download and use a browser supporting the GPC browser signal, click here: https://globalprivacycontrol.org/orgs. If you choose to use the GPC signal, you will need to turn it on for each supported browser or browser extension you use.

Some internet browsers incorporate a "Do Not Track" feature that signals to websites you visit that you do not want to have your online activity tracked. Given that there is not a uniform way that browsers communicate the "Do Not Track" signal, our Site does not currently interpret, respond to, or alter its practices when it receives "Do Not Track" signals.

SECURITY

We maintain commercially reasonable security measures to protect the personal data we collect and store from loss, misuse, destruction, or unauthorized access. However, no security measure or modality of data transmission over the Internet is 100% secure. Although we strive to use commercially acceptable means to protect your Personally Identifiable Information, we cannot guarantee absolute security.

THIRD PARTY LINKS

The Site may contain links that will let you leave the Site and access another website. Linked websites are not under our control. We accept no responsibility or liability for these other websites.

CHILDREN’S PRIVACY

The Site is not intended for children under 13 years of age. We do not knowingly collect, use, or disclose personal information from children under 13.

NOTICE OF FINANCIAL INCENTIVE / LOYALTY PROGRAM

From time to time, you may have the opportunity to provide personal data in exchange for discounts and price differences. For example, when you subscribe to our marketing emails and/or text messages or sign up for the Fun Rewards+ loyalty program, you are exchanging personal data with us for discounts, free shipping, and other incentives. When you subscribe to our marketing emails and/or text messages, you will provide us with your email address or telephone number, respectively. Categories of personal data collected when you sign up for Fun Rewards+ include your name, address, and email address. In the past, we offered a points rewards loyalty program. If you previously signed up for that legacy loyalty program, you have provided us with your email address (and you may have chosen to provide us with your birth date) in exchange for rewards and promotions. Through your participation in our loyalty programs, we may also collect commercial information including products you purchase. We also offer prizes in exchange for you entering our contests and/or giveaways. Categories of personal data that we may collect when you enter to receive prizes include your name, email address, mailing address, telephone number, and other information depending on the promotion. We may use all of these categories of personal data for targeted advertising purposes.

Disclosures to Third Parties and Loyalty Program Partners

We disclose these categories of personal data to third parties including our affiliates, vendors (e.g., list brokers, list managers, marketplace facilitators), analytics companies, third-party marketers, data brokers, and social networks and to our loyalty program partner: Clarus Commerce (provides Fun Rewards+ benefits such as cash back and shipping rebates).

How to Opt-In and Right to Withdraw

Signing up for our financial incentives is optional. By providing your personal data during the sign-up process, you affirmatively opt in to receiving the financial incentive and to joining our marketing list and/or loyalty program. By submitting your contest or giveaway application, you affirmatively opt in to the possibility of receiving the financial incentive and to entering our contest and/or giveaway. You have the right to withdraw from these financial incentives at any time. If you opt out of receiving a financial incentive, we will not reduce the value of any financial incentives you previously received from us. If you wish to withdraw from receiving the financial incentive through our marketing list, you can “unsubscribe” through our emails or text “STOP” in reply to our text messages. You can also submit a request to opt out of our marketing list by calling us toll free at 1-800-228-1679. If you wish to withdraw from receiving the financial incentive through Fun Rewards+, you can cancel your membership at any time by signing into your account at Fun Rewards+ or by calling 800-203-1403. You can withdraw from the legacy loyalty program, contests, and giveaways at any time by calling us toll free at 1-800-228-1679.

Please note that if you delete your loyalty program account or request that we delete your account and/or personal data, then we will no longer be able to provide you with the same benefits. We must maintain the personal data that you provide for us to provide the loyalty program benefits to you.

How the Financial Incentive is Reasonably Related to the Value of Your Personal Data

The financial incentive or price difference is reasonably related to the value provided by your personal data. We take into consideration, without limitation, the anticipated revenue generated from such information, the anticipated expenses which we might incur in the collection, storage, and use of such information, and the anticipated expenses which we might incur related to the offer, provision, and imposition of any financial incentive. Based on this analysis, the value of your personal data that allows us to make these offers and financial incentives is the value of the offer itself.

Your State Privacy Rights and Additional Disclosures

Depending on the state in which you reside, you may have certain privacy rights regarding your personal data. If you are a California resident, please see our Notice to California Residents Section below. For other state residents, your privacy rights may include (if applicable):

• The right to confirm whether or not we are processing your personal data and to access such personal data and the categories of personal data we are processing or have processed;
• The right to obtain a copy of your personal data that we collected from and/or about you in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the information to another controller without hindrance, where the processing is carried out by automated means;
• The right, at our option, to obtain a list of specific third parties, other than natural persons, to which we have disclosed your personal data or any personal data;
• The right to obtain a list of categories of third parties to which we have disclosed your personal data;
• The right to delete personal data that we collected from and/or about you, subject to certain exceptions;
• The right to correct inaccurate personal data that we maintain about you, subject to certain exceptions;
• The right, if applicable, to opt out of the processing of your personal data for purposes of (1) targeted advertising; (2) the "sale" of your personal data (as that term is defined by applicable law); and (3) profiling in furtherance of decisions that produce legal or similarly significant effects concerning you;
• If we are required by applicable law to obtain your consent to process sensitive personal data, the right to withdraw your consent; and
• The right not to receive discriminatory treatment by us for the exercise of your privacy rights.

Depending on how the applicable privacy law defines a "sale," we may sell the following categories of personal data to our affiliates, vendors (e.g., list brokers, list managers, marketplace facilitators, consumer reporting agencies), marketing, research, and analytics partners, and third-party marketers:

• Contact information
• Information from cookies
• Commercial information (e.g., purchasing and consuming histories or tendencies)
• Inferences as to consumer preferences or characteristics

Our Site also uses cookies and other tracking technologies to display advertisements about our products to you on nonaffiliated websites, applications, and online services. This is “targeted advertising” under applicable privacy laws. Third-party businesses may also use or have access to your personal data when we engage them to send mail and email, analyze data and customer lists, conduct marketing, process accounts receivable, and other functions. That personal data may include your IP address, navigation and browsing history, and details about your purchases, and it may be used to target advertising on other websites or applications. We do not use personal data for profiling in furtherance of decisions that produce legal or similarly significant effects concerning individuals.

To exercise your rights, please submit a request through our interactive webform or by calling us at 800-228-1679. If legally required, we will comply with your request upon verification of your identity and, to the extent applicable, the identity of the consumer on whose behalf you are making such request. To do so, we will ask you to verify data points based on information we have in our records concerning you. If you are submitting a request on behalf of another individual, please use the same contact methods described above. If we refuse to take action regarding your request, you may appeal our decision through our interactive webform or by calling us at 800-228-1679. If you would like to opt out of targeted advertising, you may alter your cookie preferences.

NOTICE TO CALIFORNIA RESIDENTS

he California Consumer Privacy Act, as amended by the California Privacy Rights Act of 2020 ("CCPA"), requires that we provide California residents with a privacy policy that contains a comprehensive description of our online and offline practices regarding the collection, use, disclosure, sale, sharing, and retention of personal information and of the rights of California residents regarding their personal information. This section of the Privacy Policy is intended solely for, and is applicable only as to, California residents. If you are not a California resident, this section does not apply to you and you should not rely on it.

The CCPA defines "personal information" to mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California resident or household. Personal information does not include publicly available, deidentified or aggregated information or lawfully obtained, truthful information that is a matter of public concern. For purposes of this Notice to California Residents Section, we will refer to this information as "Personal Information."

Notice at Collection of Personal Information

We currently may collect and, in the 12 months prior to the Last Updated Date of this Privacy Policy, may have collected the following categories of Personal Information:

• Identifiers (name, alias, postal address, online identifier, Internet Protocol address, email address, account name)
• Unique personal identifiers (device identifier; cookies, beacons, pixel tags, mobile ad identifiers, or other similar technology; customer number, unique pseudonym, or user alias; telephone numbers, or other forms of persistent or probabilistic identifiers that can be used to identify a particular consumer or device)
• Personal information described in California's Customer Records statute (California Civil Code § 1798.80(e)) (signature, physical characteristics or description, credit card number, debit card number, and other financial information, as well as the categories listed in "Identifiers" category above)
• Characteristics of protected classifications under California or federal law (race, color, sex/gender, gender identity/expression, age (40 and older), religion (including religious dress and grooming practices), national origin, ancestry, marital status, military or veteran status, political affiliations or activities)
• Commercial information (records of products or services purchased, obtained, or considered; other purchasing or consuming histories or tendencies; and other commercial information (e.g., wedding, birthday, and other event information))
• Internet or other electronic network activity information (browsing history; search history; and information regarding consumer's interaction with website, application, or advertisement)
• Geolocation data (regional)
• Audio, electronic, visual, or similar information
• Professional or employment-related information
• Education information
• Inferences drawn from above information to create a profile about a consumer reflecting the consumer's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes
• Sensitive Personal Information. Personal Information that reveals a consumer's racial or ethnic origin, religious or philosophical beliefs.

We collect Personal Information directly from you and from your family and friends, our affiliates, data analytics providers, social media networks, advertising networks, list brokers and managers, list rentals and cooperatives, shipping service providers, internet service providers, government entities, operating systems and platforms, and data brokers. We do not collect all categories of Personal Information from each source.

In addition to the purposes stated above in the How We Use Your Personal Data Section, we currently may collect and may have collected the above categories of Personal Information for the following business or commercial purposes:

• Auditing related to counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards
• Helping to ensure security and integrity to the extent the use of your Personal Information is reasonably necessary and proportionate for these purposes
• Debugging to identify and repair errors that impair existing intended functionality
• Short-term, transient use, including, but not limited to, non-personalized advertising shown as part of your current interaction with us, provided that your Personal Information is not disclosed to another third party and is not used to build a profile about you or otherwise alter your experience outside the current interaction with us
• Performing services, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing analytic services, or providing similar services
• Providing advertising and marketing services, except for cross-context behavioral advertising, to you provided that, for the purpose of advertising and marketing, our service providers and/or contractors shall not combine the Personal Information of opted-out consumers that the service provider or contractor receives from us, or on our behalf with Personal Information that the service provider or contractor receives from, or on behalf of, another person or persons or collects from its own interaction with you
• Undertaking internal research for technological development and demonstration
• Undertaking activities to verify or maintain the quality or safety of a service or product, and to improve, upgrade, or enhance the service or product
• Advancing our commercial or economic interests, such as by inducing another person to buy, rent, lease, join, subscribe to, provide, or exchange products, goods, property, information, or services, or enabling or effecting, directly or indirectly, a commercial transaction

Sale, Sharing, and Disclosure of Personal Information

The following table identifies the categories of Personal Information that we may have sold or shared to third parties in the 12 months preceding the Last Updated Date of this Privacy Policy and, for each category, the categories of third parties to whom we sold or shared Personal Information:

Categories of Personal Information

Categories of Third Parties

Identifiers such as a real name, alias, postal address, unique personal identifier (such as a device identifier; cookies, beacons, pixel tags, mobile ad identifiers and similar technology; customer number, unique pseudonym, or user alias; telephone number and other forms of persistent or probabilistic identifiers), online identifier, Internet Protocol address, email address, and account name; Commercial information, including records of products or services purchased, obtained, or considered, other purchasing or consuming histories or tendencies, and other commercial information (e.g., wedding, birthday, and other event information); Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding your interaction with websites, applications, or advertisements; Geolocation data (regional); and Inferences drawn from any of the information identified above to create a profile about you reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

Our affiliates; Vendors who provide services on our behalf, including, but not limited to, list brokers, list managers, marketplace facilitators, consumer reporting agencies; Our marketing, research, and analytics partners; and Third-party marketers (who may combine your personal information with their own records, and records available from other sources), for their own direct marketing purposes, and the direct marketing purposes of other third-party marketers.

We may have sold or shared Personal Information to third parties for the business or commercial purposes listed above.

In the 12 months preceding the Last Updated Date of this Privacy Policy, we may have disclosed for a business purpose the categories of Personal Information described above as identifiers, personal information described in California's Customer Records statute, characteristics of protected classifications under California or federal law, commercial information, Internet or other electronic network activity information, audio, electronic, visual, and similar information, professional or employment-related information, education information, and inferences drawn from any of the information identified above to the following categories of recipients: our affiliates, vendors, and marketing providers.

We may have disclosed Personal Information for the business or commercial purposes listed above.

We do not knowingly collect, sell, or share the Personal Information of consumers under 16 years of age. We do not use sensitive Personal Information for purposes other than those allowed by the CCPA and its regulations.

Retention of Personal Information

We retain your Personal Information for as long as necessary to fulfill the purposes for which we collect it, such as to provide you with the service you have requested, and for the purpose of satisfying any legal, accounting, contractual, or reporting requirements that apply to us

Your Rights

If you are a California resident, you have the following rights with respect to your Personal Information:

• (1) The right to know what Personal Information we have collected about you, including the categories of Personal Information, the categories of sources from which we collected Personal Information, the business or commercial purpose for collecting, selling, or sharing Personal Information (if applicable), the categories of third parties to whom we disclose Personal Information (if applicable), and the specific pieces of Personal Information we collected about you;
• (2) The right to delete Personal Information that we collected from you, subject to certain exceptions;
• (3) The right to correct inaccurate Personal Information that we maintain about you;
• (4) If we sell or share Personal Information, the right to opt out of the sale or sharing;
• (5) If we use or disclose sensitive Personal Information for purposes other than those allowed by the CCPA and its regulations, the right to limit our use or disclosure; and
• (6) The right not to receive discriminatory treatment by us for the exercise of privacy rights the CCPA confers.

How to Submit a Request to Know, Delete, and/or Correct

You may submit a request to know, delete, and/or correct through our interactive webform or by calling us toll free at 1-800-228-1679.

If you submit a request to delete online, you may be asked to confirm separately that you want your Personal Information deleted.

If you are submitting a request on behalf of a California resident, please submit the request through one of the designated methods discussed above. After submitting the request, we will require additional information to verify your authority to act on behalf of the California resident.

Our Process for Verifying a Request to Know, Delete, and/or Correct

We will comply with your request upon verification of your identity and, to the extent applicable, the identity of the California resident on whose behalf you are making such request.

We will verify your identity either to a "reasonable degree of certainty" or a "reasonably high degree of certainty" depending on the sensitivity of the Personal Information and the risk of harm to you by unauthorized disclosure, deletion, or correction as applicable. To do so, we will ask you to verify data points based on information we have in our records concerning you.

Right to Opt Out of Sale or Sharing of Personal Information

If you are a California resident, you have the right to direct us to stop selling or sharing your Personal Information.

You may submit a request to opt out of sales or sharing through our interactive webform. You also may submit a request by calling us toll free at 800-228-1679. If you have enabled privacy controls on your browser (such as a plugin), we will also treat that as a valid request to opt out. Please see the Universal Opt-Out Mechanisms Section above for more information.

Notice of Financial Incentive

Please see the Notice of Financial Incentive / Loyalty Program Section above.

Shine the Light Law

If you are a California resident, California Civil Code § 1798.83 permits you to request information regarding the disclosure of your personal information by us to third parties for the third parties' direct marketing purposes (as those terms are defined in that statute). To make such a request, please call us at 800-228-1679.

ACCESSIBILITY

We are committed to ensuring this Privacy Policy is accessible to individuals with disabilities. If you wish to access this Privacy Policy in an alternative format, please contact us as described below.

HOW TO CONTACT US

If you have any questions or concerns about our privacy policies or practices, please call us at 1-800-228-1679