Privacy Policy

(Last modified on February 1, 2023)

Welcome

Welcome to the Wilder Toys websites at https://www.jointhewilderside.com/ and https://www.theaudiogame.shop/ (the “Websites”). We are delighted that you have chosen to visit us and use the Websites and Services.

This Privacy Policy (the “Policy”) covers personal data collected from you or about you when: (1) you are visiting or using the Websites; (2) purchasing “Products” (such as our various games) through the Websites; (3) using our “Application” called The Audio Game as part of the physical Audio Game (the “Game”); or (4) you have otherwise interacted with us in various ways. Please note the Websites and Application may be referred to together as the “Services” in this Policy.

Wilder Toys takes your privacy and security of personal data very seriously. We have provided and will continue to provide a secure environment and this strict Policy that describes the limited ways your information is used and the limited access to such information. We ask that you read it carefully.

Key Elements of this Policy

Here are the key elements of this Policy so you can know the important parts right away to make an informed decision about your consent for our collection, use and disclosure of your personal data. By submitting any personal data to us via any means, you consent to such collection, use and disclosure. You can find the details in the rest of the Policy.

Personal data we collect from you but only with your consent	What we do with it	Third parties we share it with
Newsletter Information	Send you our newsletter	Companies that provide the infrastructure for the Websites, specifically Shopify and Unstack
Account Information	Manage your account and communicate with you about your account and purchase of Products	Companies that provide the infrastructure for the Websites, specifically Shopify and Unstack
Billing Information	Process your payments for your purchase of Products	Payment processors, specifically Shopify Payments
Delivery Information	Deliver your purchased Products	The United States Postal Service
Submission Information	Communicate with you about your Submission; promote and credit your Submission	Companies that provide the infrastructure for the Services, specifically Shopify and Unstack

Some Terms

Before we get started with the details, here are a few terms we think you should know as you read this Policy.

“Data Protection Laws” refers to the laws that are designed to protect your personal data and privacy in the place where you live. Wilder Toys is committed to adhering to all applicable Data Protection laws.

The Data Protection Laws include: (1) the “GDPR”, the European Data Protection Law which stands for “General Data Protection Regulation”, with the official name Regulation (EU) 2016/679 of the European Parliament and of the Council; (2) “PIPEDA” (Personal Information Protection and Electronic Documents Act), which is the Canadian Data Protection Law that applies to our activities in Canada; (3) Quebec’s an Act Respecting the Protection of Personal Information in the Private Sector (the “Quebec Privacy Act”) that applies to our activities in Quebec; and (4) the “UK GDPR” which applies to our activities in the United Kingdom; please note that when this Policy refers only to the “GDPR”, this includes the UK GDPR as applicable.

“Personal data” – this is information we collect from you or about you and which is defined in the GDPR as “any information relating to an identified or identifiable natural person.” It can be as simple as your name or your email, or something more complicated like an online identifier (usually a string of letters and / or numbers) that gets attached to you. Under PIPEDA and the Quebec Privacy Act, the equivalent concept is “personal information”, which is roughly the same. Any mention of “personal data” in this Policy shall also mean personal information.

Other terms and definitions used in this Policy may be found in our Terms of Use, and will have the same meaning in this Policy as they do there.

About Us and Contacting Us

Wilder Toys Inc. (“Wilder Toys”) is a Canadian corporation located in Montréal, Canada at the address listed below. Where this Policy refers to “Wilder Toys”, it may refer to Wilder Toys Inc. and / or its affiliates, and their respective shareholders, officers, directors, employees, agents, partners, principals, representatives, successors and assigns (collectively “Representatives”), depending on the context. Any reference to “we”, “our”, or “us” in this Policy shall also refer to Wilder Toys. In this Policy a Website visitor or Services User or any other individual for whom we hold personal data may be referred to as “you”.

Under the GDPR, Wilder Toys is a “data controller”. That means we collect personal data directly from you and determine the purpose and means of “processing” that data. “Processing” is a broad term that means collection, use, storage, transfer or any other action related to your personal data; it is used in this Policy in that way. Under PIPEDA Wilder Toys is an “organization” and under the Quebec Privacy Act Wilder Toys is an “enterprise”.

If you want to ask us anything about what’s in this Policy, or anything else privacy- or data- related, or exercise any of your available privacy rights, you can contact our Privacy Officer tasked with overseeing privacy matters for Wilder Toys at the following address:

Wilder Toys Privacy Officer
privacy@wildertoys.com

or:

Wilder Toys Privacy Officer
3809 Ave Wilson
Montreal, QC
Canada
H4A 2T7

Your Rights

You have the following rights regarding your personal data held by Wilder Toys, and other privacy rights. Please note that not necessarily all of these rights may be available to you; this depends on the Data Protection Laws where you are located that apply to you. Please note that exercising certain of these rights may affect your ability to use some or all of the Services.

The right to withdraw at any time your consent for Wilder Toys to process your personal data;
The right to have your personal data erased from Wilder Toys’ records;
The right to access your personal data and any relevant information around its processing and use;
The right to have a copy of your personal data given to you in an easy-to-read format so that you can transfer it to any data controller or data processor, as those terms are defined in the GDPR;
The right to have your personal data corrected or updated if you believe it is inaccurate or out of date;
The right to opt out of marketing communications we send you, at any time;
The right to know whether Wilder Toys sells or shares your personal data (and if so, who gets it). Please refer to that information elsewhere in this Policy, though you can contact our Privacy Officer if you need additional information or clarifications;
The right to restrict the processing of your personal data if it is inaccurate or if our processing or use of it is against the law; and
The right to refuse any marketing or advertising targeted at you by Wilder Toys.

If you wish to exercise any of these rights, please contact our Privacy Officer at the contact information above, or refer to certain relevant sections further in this Policy.

Limited Personal Data Collected from You and What We Use It For

Wilder Toys limits the amount of personal data we collect to what is necessary and appropriate for the identified purposes. We will not use or disclose your personal data for purposes other than those for which it was collected, except with your consent or as permitted or required by applicable law.

In the table below, please find all the personal data we may collect from you directly, what we use it for, and the legal basis under the GDPR for us having and processing this personal data. Under PIPEDA and the Quebec Privacy Act, the legal basis is your informed consent, and by submitting this personal data to us you acknowledge having granted this consent to Wilder Toys.

Personal data category	Personal data processed	What we use it for (the “purpose” of processing)	Legal basis for processing under the GDPR
Newsletter information	Your email address	To send you the newsletter and to serve you targeted advertising	Your consent in giving us this information
Account Information	Your name and email address	To communicate with you about your account; to allow you log in to your account to manage your purchases of Products	Your consent in giving us this information
Billing Information	Credit card holder name, billing address, credit card number, expiration date, and CVV/CVC number	To process the payments for your purchase of Products	Performance of a contract between you and us
Delivery Information	Your name and mailing address	Deliver your purchased Products	Performance of a contract between you and us
Submission Information	Your email address and social media handle	Communicate with you about your Submission; promote and credit your Submission	Your consent in giving us this information

Personal Data Collected About You from Third Parties and What We Use It For

Sometimes we get personal data about you from third parties. This table explains the details about this personal data – what it is, where it came from, what we do with it, and legal basis for us having and processing this personal data under the GDPR. Under PIPEDA, the legal basis is your informed consent. None of this data comes from publicly-available sources.

Personal data category	Personal data processed	Who we get the data from	What we use it for (the “purpose” of processing)	Legal basis for processing under the GDPR
Third-party Submission Information	Your image and likeness (including your voice) to the extent these are considered personal data	A third party you have authorized to record your image and likeness	To include your voice in future versions of the Game or other games created by us, as part of a Submission	Performance of a contract

In addition, to the extent that advertising and analytics identifiers are generated from third parties, these may be considered personal data collected from third parties, and you can find details about that further below in this Policy.

Sensitive Personal Data

We do not collect any of what the GDPR considers sensitive personal data (such as health data or data about your racial or ethnic origin) from you when you use the Services, unless you voluntarily submit it to us, which we encourage you not to do.

Who We Transfer Your Personal Data To

We routinely share some of your personal data with certain types of third parties who are identified in the table further below in this section along with what they do with it. Some of these third-party recipients may be based outside your home jurisdiction. If you are in the European Economic Area or the U.K. — please see the “Transfer of Your Personal Data Outside of the European Economic Area” further down in this Policy for more information including on how we safeguard your personal data when this occurs.

We will share personal data with law enforcement or other public authorities if: (1) we are required by applicable law in response to lawful requests, including to meet national security or law enforcement requirements; (2) if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, fraud, or situations involving potential threats to the safety of any person, or any violation of the Wilder Toys Terms of Use; (3) if we believe it is necessary to investigate, prevent, or take action regarding situations that involve abuse of the Websites infrastructure or the Internet in general (such as voluminous spamming or denial of service attacks); (4) if we are required to do so under any applicable law.

We may also share personal data: (1) to a parent company, subsidiaries, joint ventures, or other companies under common control with Wilder Toys (in which case we will require such entities to honour this Policy); (2) if Wilder Toys merges with another entity, is subject to a corporate reorganization, sells or transfers all or part of its business, assets or shares (in which case we will require such entity to assume our obligations under this Policy, or inform you that you are covered by a new privacy policy).

We will never share your personal data with other third parties except under these circumstances. We do not sell or rent your personal data to any third party for direct marketing purposes or any other purpose.

Personal Information category	Who we transfer it to	What they do with it
Newsletter information	Companies providing technical infrastructure for the Websites, specifically Shopify and Unstack	Store it so that we may retrieve it to manage our mailing list and send you the newsletter, and provide certain targeted advertising, as detailed more fully in the Email Communications and Wilder Toys Advertising sections below
Account Information	Companies providing technical infrastructure for the Websites, specifically Shopify and Unstack	Store it and manage it, so that you can access your account for repeat purchases of Products and other account functions
Billing Information	Payment processing companies, specifically Shopify Payments	Process the payments for your purchase of Products
Delivery Information	The United States Postal Service	Delivery your purchased Products
Submission Information	Companies providing technical infrastructure for the Websites, specifically Shopify and Unstack	Store it so we can retrieve it to use it for the purposes described above, specifically communicating with you about your Submission and promoting and crediting your Submission
Advertising identifiers	Companies that provide online advertising networks, such as Google	Show you ads for Wilder Toys and the Services when you are on the internet, as further detailed in the Wilder Toys Advertising section below
Analytics identifiers and IP address	Companies that provide data analytics for the Websites, such as Google Analytics	Provide us with analytics as to how the Services are used, as further detailed in the Limited Gathering of Information section below

Email Communications and Compliance with Anti-Spam Laws

Wilder Toys manages our mailing list internally and sends out our newsletter internally, and uses Shopify for certain emails related to the purchase of Products and your account (Shopify may bae called the “Email Service Provider” in this Policy). Personal data (your email address) is transferred to the Email Service Provider in order to have emails be sent out properly. Your personal data is only used to send out emails; the Email Service Provider does not use this personal data for any other purpose, and will not transfer or sell your personal data to any other third party. Wilder Toys also uses your email address for retargeting advertising, as described in the next section of this Policy.

You may unsubscribe from Wilder Toys’ newsletter mailing list at any time, by following the link at the bottom of those Wilder Toys emails. Other types of emails, such as transactional, relational, and other emails related to the purchase of Products or your account will not have an opt-out option as they are necessary for the use of the Services.

Wilder Toys’ practices in regards to its email are designed to be compliant with anti-spam laws, including but not limited to the law unofficially called “CASL”, or Canada’s Anti-Spam Law (S.C. 2010, c. 23) and the American CAN-SPAM Act of 2003. If you believe you have received email in violation of these laws, please contact our Privacy Officer using the contact information further up in this Policy.

Wilder Toys Advertising and Opting Out

Wilder Toys is continuously evaluating and modifying our use of various advertising networks, which may change from time to time. In this section you will find all the advertising networks that Wilder Toys currently uses and instructions for opting out of them. You may also opt out or decline such advertising by refusing or deleting the appropriate cookie, as described further in this Policy. We will always update this Policy if we use additional advertising networks.

Generally, these ad networks work by delivering you advertisements that will be of particular interest to you when you use their websites, apps, or services, based on your browsing and activity history interacting with the Websites and Application. Certain advertising networks use your email address that you submit to us to match your profile in order to better target the advertising to your preferences, called email retargeting.

The table below identifies the Advertising networks we currently use, as well as links and instructions on opting out. By visiting the Websites , using the Services or submitting your email address to us you consent to our advertising to you in this manner, understanding that generally you can opt out any time.

Advertising network	Link(s) and instructions to opt out
Google AdWords and Display Network	Adjust your Google ad settings or use the WebChoices online opt-out tool.
YouTube Ads	Turn off personalized ads in YouTube
Facebook Custom Audience	Adjust your Ad Preferences settings while logged in to Facebook
Instagram Ads	Follow Facebook’s instructions about opting out of Instagram personalized ads
TikTok Ads	Please note you cannot opt out of TikTok Ads. However, you can control certain privacy settings related to TikTok Ads by following their instructions.

Limited Gathering of Information for Statistical, Analytical and Security Purposes

Wilder Toys automatically collects certain information using the “Third-Party Analytics Programs” Google Analytics, Hotjar, Quantcast, Facebook, and TikTok to help us understand more about our Website visitors and Application users and how they use the Websites and Application, but none of this information identifies you personally, except via an alphanumeric string. For example, each time you visit the Websites, we automatically collect (as applicable) your IP address, browser and computer or device type, access times, the web page from which you came, the web page(s) or content you access, and other related information. We use information collected in this manner only to better understand your needs and the needs of Websites visitors and Services users in the aggregate. Wilder Toys also makes use of information gathered for statistical purposes to keep track of the number of visits to the Websites, the specific pages on the Websites, and users with a view to introducing improvements to the Websites, Services and our marketing activities.

Your IP address and other relevant information we collect using the Third-Party Analytics Programs may be used in order to trace any fraudulent or criminal activity, or any activity in violation of the Wilder Toys Terms of Use.

Tracking Technology ("Cookies") and Related Technologies on the Websites

Wilder Toys uses tracking technology (“cookies” and related technology such as tags, pixels and web beacons) on the Websites and in the Application. Cookies are small text files placed on your computer or device when you visit a website or use an internet-connected service, in order to track use of the site or service and to improve the user experience by storing certain data on your computer or Device. By visiting or using the Services you agree to their use, but only if you consent to such use when visiting a Website for the first time and clicking OK on the cookie banner.

Specifically, we use cookies and related technologies for the following functions:

to facilitate online advertising including email retargeting, as described above in this Policy;
to provide general internal and user analytics and to conduct research to improve the content of the Websites using the Third-Party Analytics Programs as described above in this Policy;
to facilitate payment processing for your purchase of Products on the Websites and to keep track of certain preferences while doing so;
to facilitate your use of your account when you are a Logged-in User; and
to assist in identifying possible fraudulent activities.

Your browser can be set to refuse cookies or delete them after they have been stored. You can refer to your browser’s help section for instructions, but here are instructions for the most commonly-used browsers and operating systems:

Please note that deleting these cookies may reduce your user experience on the Websites or Application. Furthermore, deleting cookies may prevent certain functions from working at all.

How We Protect Your Personal Data

We have implemented very strict technical and organisational procedures for ensuring that, by default, only personal data which are necessary for each specific purpose of the processing are processed by us. These procedures prevent your personal data from being lost; or used or accessed in any unauthorised way. Examples of such procedures include restricted access to offices, training of personnel, using passwords and well-defined internal policies and information technology practices.

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable supervisory authority of a suspected data security breach where the Data Protection Laws requires us to do so, and within the time frame required by the applicable Data Protection Law.

Wilder Toys uses only industry best practices (physical, electronic and procedural) in keeping any data collected (including personal data) secure. In addition, we use third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate the Websites, and these third parties have been selected for their high standards of security, both electronic and physical.

All information, including personal data, when transferred via the Websites is done with encryption using Secure Sockets Layer (“SSL”) or Transport Layer Security (“TLS”), robust security standards for Internet data transfer. You can use your browser to check Wilder Toys’ valid SSL security certificate on the Websites.

How the Application Accesses Your Device (“Permissions”)

The following is a complete listing and description of what functions on your Device that were developed by third parties are accessed and / or modified by the Application. Unless otherwise specified, these permissions apply to both the iOS Application and the Android Application. Where noted, these will function with explicit user permission only. You acknowledge that denying explicit permission may affect or reduce your user experience with the Services offered through the Application, including but not limited to being unable to play the Game.

Notifications - The Application may send you notifications to alert you about Application updates, availability of new packs of audio clips for the Game, and new Wilder products (user permission only);
Camera - The Application will access your camera in order to be able to scan QR codes in the Game in order to play audio clips needed for playing the Game (user permission only);
Speakers - the Application will access your Device’s speakers in order to play the audio clips in the Game.

Using Your Device’s Settings and Uninstall for the Application>

For the Application, you can access and change certain user settings from the settings menu on your Device. You may also uninstall; uninstall methods may vary depending on your Device or iOS or Android version. Wilder Toys has no control over these functions and denies any responsibility for your use thereof, and any data or personal data sent to third parties as a result of said activities.

Transfer of Your Personal Data Outside of the European Economic Area (EEA) and the U.K.

For our European and British users, we endeavour to keep your personal data inside the EEA or the U.K. (as applicable). However, certain of our data processors (and Wilder Toys) are in other countries where your personal data may be transferred. However, these countries are limited to countries with particular circumstances that protect your data, specifically:

Canada. We will transfer personal data to our operations in Canada, but Canada has been determined to have an “adequate level of protection” for your personal data under European data protection law.
The United States. Your Personal Information is only transferred to companies in the United States who have confirmed to us they are GDPR-compliant and have signed the Standard Contractual Clauses.

That’s it. You have the right, however, to refuse to have your data transferred outside the EEA or the U.K. Please contact our Privacy Officer to make that request. Please note that making this request may prevent you from being able to use a portion or all of the Websites or the Services.

Supervisory Authorities and Complaints

If you are in the EEA or U.K., under the GDPR you have the right to make a complaint to the appropriate supervisory authority. If you are not satisfied with the response received or the actions taken by our Privacy Officer, or if you would like to make a complaint directly about Wilder Toys’ data practises, we invite you to contact the supervisory authority in your country. For example, if you are in the U.K., you should contact the Information Commissioner’s Office who is the supervisory authority. You can reach them in a variety of ways, including by phone (0303 123 1113 in the UK) and mail (Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF). If you are in France, you should contact the Commission Nationale de l'Informatique et des Libertés who is the supervisory authority there. Their contact informationcan be found here.

The full listing of all Data Protection Authorities (the supervisory authorities) across the EEA can be found here.

If you are in Canada and you are not satisfied with the response received or the actions taken by our Privacy Officer, you can make a complaint to the Office of the Privacy Commissioner of Canada. Instructions on how to do so can be found on their website. In Québec you can make a complaint to the Commission d’accès à l’information, with the instructions for contacting them on their website.

Data Retention

Your personal data will only be kept for as long as it is necessary for the purpose needed for that processing. For example, we will only retain your Newsletter Information for as long as you continue to consent to receive the newsletter from us.

Automated Decision-Making

Wilder Toys does not use any automated decision-making processes in providing the Services.

Children’s Privacy Statement

The Services are not intended for children under the age of 13. We do not knowingly collect any Personal Information from a child under 13. If we become aware that we have inadvertently received Personal Information from a person under the age of 13 through the Services, we will delete such information from our records.

Changes to This Privacy Policy

The date at the top of this page indicates when this Policy was last updated. Because Data Protection Laws are constantly evolving, every now and then we will have to update this Policy. You can always find the most updated version at this URL. If we make significant changes to the Policy, we will always post a notice on the Websites, and if we have your email address, we will also email you to tell you the Policy has been updated, and what the important changes are.