PRIVACY AND COOKIE POLICY

Last Updated: August 30, 2023

The Topps Company, Inc. ("Topps," “we,” “our,” or “us”) respects the privacy rights of our users and recognizes the importance of protecting the information we collect about you. The purpose of this Privacy Policy is to help you understand what information we collect about you when you use any of our websites, apps, or other online service where this Privacy Policy is posted (collectively, the “Services”), how we use that information and what choices you have. You should review this Privacy Policy every time you access the Services. This privacy policy supplements other notices and privacy policies that we may post.

From time to time, we may update this Privacy Policy and will notify you of any changes by posting the revised policy here. We encourage you to periodically check our Privacy Policy to learn about our data processing practices.

This privacy policy is provided in a layered format so you can click through to the specific areas set out below.

• How to Contact Us
• What Information We Collect
• How We Collect Information
• How We Use Your Information
• Use of Cookies, Tracking Pixels and Similar Technologies
• Interest-Based Advertising
• Customized Ad Campaigns
• Sharing and Disclosure of Information
• Your Choices Regarding Direct Marketing
• Your Privacy Rights
• European Residents
• California Residents
• Nevada Residents
• Security
• Links and Third Parties
• International Data Transfers
• Storage/Retention

HOW TO CONTACT US

If you have any questions about this privacy policy or our privacy practices, you may contact us in the following ways:

Postal Address:

The Topps Company, Inc.

Attn: Privacy Policy

95 Morton Street

New York, NY 10014

E-mail: [email protected]

Telephone: 212-376-0300

WHAT INFORMATION WE COLLECT

Topps collects personal information and other information from and about you to provide the Services.

Personal information is data that identifies an individual either directly or indirectly. 

The information we collect depends on the Services involved, and includes:

• Login Information that identifies and validates you as a user. Login information typically includes a password plus personal contact information, such as an e-mail address. You may be able to access some of the Services using Social Sign-On information.

• Personal Contact Information that allows Topps to contact you directly, such as your first and last name, e-mail address, mailing address, telephone number, and mobile number.

• Interest and Demographic Information, such as your age, gender, interests and preferences.

• Technical Information collected when you use the Services, such as your IP address, device information, information about the network you are using to access the Services, browser type and version, your activities while using the Services, sites or services previously visited, and content you see or click on. We may use session replay tools to record your interactions with the Services, such as how you move throughout the Services and engage with our webforms.

• Order Information collected when you purchase a product or service, such as products ordered, payment information, and Personal Contact Information for the sender and recipient.

• Customer Service Information collected when you contact our internal or external customer service agents.

• Location Information ;including information that allows you to be precisely located.

• Social Sign-On Information such as login information, profile information, and friend lists from a social network that you choose to share when accessing the Services.

• User-Generated Content that you post or upload, such as comments, videos, photos, or social media interactions. If you contact us using chat, messaging apps or social media we may record the content of the conversation.

Your Duty to Inform Us of Changes. It is important that the personal information we hold about you is accurate and current.  Please keep us informed of any changes to your personal information during your relationship with us.

If You Fail to Provide Personal Information. Where we need to collect personal information by law, or under the terms of a contract we have or are seeking to enter into with you and you fail to provide such data when requested, we may not be able to perform the contract (for example, to provide you with goods).

HOW WE COLLECT INFORMATION

When you use the Services, Topps collects information from and about you in the following ways:

• Direct Interactions:We collect information voluntarily provided by you, including Login Information, Personal Contact Information, Interest and Demographic Information, Order Information, Customer Service information, and User-Generated Content when you:

• • Create an account and/or register for the Services;

  • Participate in one of our online games, activities or applications;

  • Participate in contests, sweepstakes, or other promotions;

  • Post user-generated content;

  • Participate in a survey or questionnaire;

  • Apply for a job online;

  • Subscribe to updates, newsletters or other marketing communications;

  • Browse, shop or otherwise interact with the Services;

  • Place an order or engage in other transactions; or

  • Contact us with a comment, question, message, or for further information.

• Automatically: We collect Technical Information automatically when you use the Services through the use of cookies, session replay tools, and similar technologies, as further described in the Cookies section below.

• Third Parties.  If you choose to access the Services or register using an external third party application, such as a social network, Topps will receive information from such application.  Certain Services, including eTopps, may provide the option to sell any of your eTopps cards on the special eTopps trading floor on eBay, in which case we will ask you for your eBay user name and password. That information will allow us to list your items for sale on eBay, and to track the auction for you. By providing us this information you consent to allow us to link your eBay account with your eTopps account.

• Mobile Devices. Topps or its third-party technology partners may also collect Location Information, including Location Information provided by a mobile device interacting with one of our apps or associated with your IP address or Wi-Fi network. You can generally limit or prohibit the collection of Location Information using the built-in settings on your mobile device. Check the device instructions for information on how to do so. We do not permit the collection of precise location information (actual address) in mobile apps without your consent.

HOW WE USE YOUR INFORMATION

Topps collects information from and about you to serve your needs, manage our content and advertising, operate efficiently, and improve our Services and products.

We collect information and use it, either alone or combined with other information:

• Provide you with products and services, including the Services;

• Respond to inquiries and requests;

• Enable you to participate in online games, contests, sweepstakes, and other promotions;

• Enable you to communicate with other users of the Services and share information about our products and Services with others;

• Provide you with personalized content;

• Understand our visitors and improve our products and services;

• Maintain the security, integrity, and quality of our products and services;

• Comply with laws and protect our legal rights and the legal rights of others;

• Send you or other individuals you identify marketing communications on behalf of Topps and other companies within the Topps family, and on behalf of select non-affiliated companies;

• Offer interest-based advertising and measure the effectiveness of our advertising; and

• Complete and fulfill a transaction, redemption, confirm an order, track delivery and payment, and provide updates about the status of an order.

If applicable laws require that we obtain your consent to collect information for a particular purpose, we will do so at the time we collect the information.

We may combine information we collect through your use of the Services with information that we collect from other sources (e.g., offline records or publicly available information).

Additionally, we may take personal information and de-identify it and share it in a de-identified or aggregated form with third parties, advertisers and/or business partners in order to analyze site usage, improve our service or service offerings, and improve our user experience, or for similar purposes.

USE OF COOKIES, TRACKING PIXELS AND SIMILAR TECHNOLOGIES

Like many other websites and applications, we may automatically collect certain information regarding our Services' users. Such information may include, without limitation, the IP address (which may be used to determine your geographic location) of your computer/internet service provider, your device ID, your zip code, the date and time you access the Services, the Internet address of a referring website, the operating system you are using, the sections or pages of the Services that you visit, and the images and content viewed. We collect information using tools such as cookies, web beacons, pixels, tags, embedded scripts, session replay tools, SDKs, and other tracking technologies (collectively, “Tracking Technologies”), some of which are further described below.

As you use the Internet, a trail of electronic information is left at each website you visit. This information, sometimes referred to as "clickstream data," can be collected and stored by a website's server. For example, clickstream data can tell the type of computer and browsing software you use and the address of the website from which you linked to the Services. The Services may collect and use clickstream data for the purposes described in this Privacy Notice and also as a form of aggregate information to anonymously determine how much time visitors spend interacting with our Services, how visitors navigate throughout the Services, and how we may tailor our Services to better meet the needs of visitors. This information often will be used to improve our Services.

Topps and its service providers, including advertising and analytics partners, use small text files called “cookies” and similar technology that are saved on your computer or mobile device to automatically collect information about use of the Services. Different types of cookies, such as session or persistent cookies, may be used for different functions. Persistent cookies remain on a user’s device for a set period of time, and are activated each time a user visits the Services where cookies were set.  Session cookies are temporary and allow us to link a user’s actions during a browser session. The information collected may include an IP address, geolocation information, device information, information about the network you are using to access the Services, sites or services that you previously visited, and content you see or click on.

We and our third party analytics and advertising providers generally use the following types of cookies and other technologies, such as GIF files or web beacons, for the following purposes: 

• • Strictly Necessary.  These are essential to navigate the Services and use the features, and they enable us to provide services such as registration and shopping carts.

  • Functional.  These are used to recognize you when you use the Services. They enable us to personalize content for you and remember your preferences.

  • Analytics.  These are used to understand and improve the Services and understand how you use the Services.

  • Advertising.  These are used to deliver relevant ads and track ad campaign performance and efficiency.

  • Social. These allow you to share content and experiences and to sign in with your social network ID and stay logged in across the Internet.

Although many browsers are initially set to accept cookies, you may be able to adjust your settings to reject cookies. Choices are browser and device specific, and if you clear cookies from the browser on any of your devices, your opt-out choices will need to be reset. Consult the "Help" section of your browser or built-in mobile device settings for more information. In addition, please note that certain areas of the Services only can be accessed when cookies are enabled. Thus, disabling cookies may prevent you from accessing some of our content.

Other third party partners, like social media sites, may also use cookies and similar technology to collect information automatically about your use of the Services through social media plug-ins. You may be able to provide social sign-on information to access the Services, in which case the social network may be able to link your activities in the Services to your social media registration information. The social media networks’ privacy policy and terms apply to your use of their platforms. Your browser or device may allow you to block these technologies, but you should visit the third-party website and review their privacy policy and your registration profile or account to find out your options.

TOPPS BIOMETRIC DATA POLICY

Topps (the "Company" or "we") engages its vendors, Sardine and Au10Tix, to capture, obtain, and use your Biometric Data – specifically, your facial geometry scan – in order to verify your identity to protect the safety and security of the services. Topps does not capture, receive, obtain, or otherwise store your Biometric Data. For more information on how Au10Tix, uses, discloses, destroys, and safeguards your Biometric Data, and the length of term for which Au10Tix stores your Biometric Data, please review the Au10Tix Biometric Data Policy. Please note that your data may be transferred to another country which may have different privacy protections than your country of residence, such as the U.S. In those instances, we put in place suitable safeguards (such as standard contractual clauses). You can contact us at [email protected] if you have any questions regarding the safeguards, your rights, or other information in this notice. Please note that if you choose not to provide your Biometric Data, you may not be able to use the services.

INTEREST-BASED ADVERTISING

CUSTOMIZED AD CAMPAIGNS

For some of the Services, we work with Facebook to display interest-based advertisements on Facebook through a tool known as the “Custom Audiences”.  We share hashed/encrypted email addresses collected from users of the Services with Facebook, which permits Facebook to target advertisements on our behalf through its platform.

SHARING AND DISCLOSURE OF INFORMATION

• Topps Family of Companies: We may share information we collect within the Topps Family of companies, which may use the information for the purposes described above.

• Service Providers: We may share information we collect with third parties that process information on our behalf. We may use such service providers to:

  • host the Services and provide database and server maintenance and security,

  • help us conduct contests, sweepstakes or other promotions,

  • send e-mails on our behalf,

  • help us analyze our offerings, and

  • process and fulfill online transactions.

• Payment Processors: When you make a purchase using the Services, payment processing companies collect and store payment information. We have engaged Braintree, a division of PayPal, Inc. for these purposes. More information about Braintree’s privacy and security practices is set forth in the Security section below.

• Business Partners: With your consent, we may share information with non-affiliated third parties to enable them to provide you with information about their products or services that may be of interest. Please see the section below titled, "Your Choices Regarding Direct Marketing" for more information on how to changes your preferences or opt out of such information sharing.

• Legal Compliance & Protecting Security and Safety: Topps may access, preserve and disclose your information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (i) comply with legal process or respond to a legal request or subpoena; (ii) enforce the Topps Terms & Conditions; (iii) respond to claims that your conduct has violated the rights of third parties; (iv) respond to your requests for customer service; (v) protect the rights, property or personal safety of Topps, its users and the public; (vi) or as otherwise required to comply with, or permitted by, applicable laws and regulations.

• Business Transactions: We may transfer information collected if we or one of our affiliates are acquired by, sold to, or merged with another entity.

YOUR CHOICES REGARDING DIRECT MARKETING

With your consent, Topps may use personal information collected pursuant to this policy to market our own sports entertainment, collectible, and candy products and services and on behalf of other companies within the Topps family, and to market products and services offered by select non-affiliated sports, collectible, games, and candy companies.

YOUR PRIVACY RIGHTS

You have the right to access, update and correct factual inaccuracies in personal information that we collect through the Services, subject to certain exceptions. If you have created an online account, you can access, update, and delete your personal information or request to delete your account by logging in to your account through the Services. Any requests you submit will be reviewed and, if approved, processed by our staff.  We may retain certain information as necessary to pursue legitimate business interests or resolve disputes or as required by applicable laws. To protect your privacy and the security of your personal information, we will take reasonable steps to verify your identity before granting access to your personal information or deleting your account.

EUROPEAN RESIDENTS

If you are a citizen of an EEA member state, the General Data Protection Regulation (EU) 2016/679 (“GDPR”) provides you certain rights with respect to your personal information. You may, with certain exceptions:

• Request access to your personal information

• Request correction of the personal information we have about you

• Request erasure of your personal information

• Object to our processing of your personal information

• Request to restrict the processing of your personal information

• Request a copy of the personal information we have about you

• Request to not be subjected to automated decision-making or profiling

We will always endeavor to fulfill your request to exercise these rights, but sometimes, we may have legal grounds or obligations to reject your request. You will not have to pay a fee to exercise any of the aforementioned rights, but we may charge a reasonable fee if your request is unfounded, repetitive or excessive.  Alternatively, we could refuse to comply with your request in these circumstances. 

If you are a citizen of an EEA member state, you also have the right to contact supervisory authorities within the EEA about any concerns you have related to Topps’ privacy practices.

Should you have any concerns, we request that you contact us first so we can investigate, and hopefully resolve, your concerns.

The GDPR requires that we inform you of the legal bases we rely on to process your personal information. The legal bases for processing are set forth below.

• Our legitimate interests. For example, to maintain system security, communicate with you and fulfill your requests, conduct surveys, improve our products and services, and protect our rights and the rights of others.

• Performance of a contract with you.  For example, when you purchase goods or services.

• Compliance with laws. For example, to comply with legal and regulatory requirements or respond to a court order or legal request.

Consent.  Where we rely on consent to process your personal information, you can withdraw your consent at any time.

CALIFORNIA RESIDENTS

The California Consumer Privacy Act of 2018 (CCPA) provides California residents with certain rights with respect to their personal information:

• Right to request that we disclose, no more than twice in a 12-month period:

  • The categories and specific pieces of personal information we have collected about you.

  • The categories and sources from which personal information is collected.

  • The business or commercial purposes for collecting or selling personal information.

  • The categories of third parties with whom we share personal information.

We will provide this information upon receipt of a verifiable consumer request.  How we will verify your identity depends on how you have interacted with us in the past. 

• The categories and sources of personal information we collect and the business or commercial purposes for collecting personal information are described in the What Information We Collect, How We Collect Information, and How We Use Your Information sections above.

• Right to request that we delete any personal information about you that we have collected from you, subject to certain exceptions. If we are required to delete your personal information, then upon receipt of a verifiable request, we will delete your personal information from our records and direct any service providers to delete your personal information from their records. 

• Right to opt-out of the “sale” of your personal information to third parties, as that term is defined in the CCPA. We share certain personal information with third parties under circumstances that might be deemed a “sale” under the CCPA. This includes when we share information collected from cookies and similar tracking technologies with advertising technology partners in order to create user profiles and present advertising messages based on your preferences, and to help us identify other users likely to be interested in our products and services. For more information and to opt-out, click here for Topps.com and here for any of our mobile apps.

Under California Civil Code § 1798.83, the “Shine the Light” law, California residents are entitled to request, once per year, information about third parties with whom Topps has shared personal information about them for such parties’ direct marketing purposes during the previous calendar year, and the categories of personal information shared. To make such a request, submit a written request to the address listed in the How to Contact Us section above, or send an e-mail to [email protected], specifying that you seek your "California Shine the Light Notice." Please allow thirty days for a response.

NEVADA RESIDENTS

SECURITY

Topps strives to use commercially reasonable physical and electronic security measures to protect against the loss, unauthorized access, misuse, or alteration of your personal information. We use encryption and/or other security measures to protect payment information during transmission and adopt internal procedures to safeguard such information in our systems. We limit access to personal information to those employees, agents, contractors, and other third parties who have a business need to know. Please be aware though that, despite our best efforts, no security measures are perfect or impenetrable, and we cannot guarantee the security measures of third parties.

If you make a purchase using the Services, your payment information is collected by a third-party payment processor and transmitted to it directly via an encrypted connection. Our payment processors use, process, and store your information in accordance with their own privacy policies, and they maintain that they are PCI compliant.

LINKS AND THIRD PARTIES

We may provide links to other sites owned by third parties. When you place an order or register on the Services where transactions are handled by a third party vendor, those transactions are conducted through the vendor’s website and are subject to the vendor’s privacy policy and terms of use. We are not responsible for those other sites, their privacy policies, or how they treat the information of their users. We advise you to review their privacy policies for information on how those sites collect, use, and protect your information.

You may be required to register with and log onto a third party mobile app store before you can download or purchase a Topps app or make in-app purchases using a Topps app. When downloading a Topps app or using a Topps app with online features through your mobile platform, the app provider will typically collect certain device and app-related information. Topps does not control the requirements or processes of the app stores; you should review the privacy policy and terms of use of the mobile app stores before downloading or using any app and check your device settings for control options. On occasion, we may offer content, promotions or other activities that are sponsored or co-sponsored by or presented with identified third parties. By using this content or participating in such promotions or activities, the personal information that you voluntarily submit may be provided to both Topps and the third parties. Topps has no control over such third parties’ use of this information.

INTERNATIONAL DATA TRANSFERS

As the Topps family of companies operates globally, we may transfer to and process personal information about you on our servers in the United States and/or countries other than your home country, and we may use cloud services whose servers may be anywhere in the world. Please note that the data protection laws of some countries, such as the United States, may not offer a level of privacy protection equivalent to that within the European Economic Area (EEA) or your home country. If your use of the Services results in the transfer of personal information from the EEA to non-EEA countries that have not been deemed to offer an adequate level of privacy protection, we may rely on (i) standard contractual clauses approved by the European Commission in our contracts with parties that receive information in such countries, and /or (ii) third party service providers in the United States that are certified to receive such information under the Privacy Shield program. By using the Services, you expressly consent to such transfers.

STORAGE/RETENTION

Personal information we collect will not be stored for longer than is necessary for the purposes described in this Privacy Policy, or to otherwise meet legal, regulatory, tax, accounting, or reporting requirements.  In some cases we may anonymize your personal information (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use the information indefinitely without further notice to you.