Privacy Policy (Last Updated: September 14, 2023)

This Privacy Policy is an integral part of the agreement between Talk to Santa (“TTS” or “we”) and each Visitor, Registered User, Live Call Purchaser or Member, as the case may be (each, a “user” or “you”) concerning the use of the TTS Sites. The other integral parts of such agreement are the TTS Terms of Service, the TTS Terms of Sale and the Legal Notices . All capitalized terms used herein that are not otherwise defined in this Privacy Policy shall be as defined in the TTS Terms of Service.

At TTS, we respect your right to privacy and we understand that you need to control the uses of your personal information. This Privacy Policy details below the measures taken by TTS to protect your privacy in connection with your use of the TTS Sites. However, you understand that the TTS Sites and TTS Services allow, among other things, users who are 13 or older to post personal content (e.g., photographs and information about themselves and others for whom they have the authority or permission to post photos and information) for public review and comment, both in public forums and with private messaging. Accordingly, by submitting personal content for public posting on any of the TTS Sites or through any of the TTS Services, you hereby waive any and all privacy expectations (including the privacy expectations of any other individual who appears in your submitted content) with respect to TTS’s use of such content. If you do not wish to have personal content viewable by others, you should not submit content for public posting on the TTS Sites and TTS Services.

TTS also allows Registered Users and Members to set up unique personal profiles either directly with TTS or via third-party sign-on services (e.g., Facebook Connect). To enrich user experience, we request and display some personal information to others so as to allow our users to identify each other. Registered Users and Members can change their profile information at any time and can control how the service communicates with them.

By submitting personal information on any of the TTS Sites or through any of the TTS Services, you affirmatively consent to this Privacy Policy and agree to have such personal information (to the extent disclosed by you either directly to TTS or via third-party sign on services) collected by TTS (or its agents or contractors) and transferred to and processed in the United States

Your California Privacy Rights

Effective January 1, 2005, California Civil Code Section 1798.83 (known as the “Shine the Light” law) provides that, if an individual who is a California resident has provided his/her personal information to a business in connection with a business relationship that is primarily for personal, family, or household purposes, and if that business has within the immediately preceding calendar year disclosed such individual’s personal information to a third party and knows or should have known that such third party used the information for its own direct marketing purposes, then that business is obligated to disclose in writing to such individual upon request, what personal information was shared and with whom the information was shared. A business may comply with this law by:

1. having EITHER a published privacy policy of not sharing a customer’s personal information for third-party direct marketing use unless the customer has first affirmatively opted in to such sharing OR a published privacy policy of not sharing a customer’s personal information for third-party direct marketing use if the customer has opted out to prevent his/her personal information from being shared for third-party direct marketing use; AND
2. notifying the customer of his/her right to opt out and providing a cost-free means for the customer to exercise that right.

California residents may request an information-sharing disclosure from us by emailing your request to elfsupport@talktosanta.com Please note that, under the law, we are not required to respond to your request more than once in a calendar year, nor are we required to respond to any requests that are not sent to the above-designated email.

Do Not Track Disclosure: The TTS Sites do not currently respond to “Do Not Track” signals of Web browsers. However, should the industry establish uniform technological standards for recognizing and interpreting “Do Not Track” signals, the TTS Sites would be open to following such industry standards.

Information Collection and Use

TTS collects user submitted information including but not limited to name, email address, and age to authenticate users and to send notifications to those users relating to the TTS Sites and TTS Services. TTS may also collect other data either directly or via third-party sign-on services (e.g., Facebook Connect), including but not limited to: personal interests, gender, age, education and occupation, in order to enrich the user experience.

TTS also logs non-personally-identifiable information such as IP address, aggregate user data, and browser type, from users and visitors to the site. This data is used to manage the website, track usage and improve the website services. This non-personally-identifiable information may be shared with third-parties to provide more relevant services and advertisements to users. User IP addresses may be recorded for security and monitoring purposes.

User account information, including pictures and usernames, may also be collected and displayed in order to enrich the user experience and facilitate user interaction on the TTS Sites and in email communications. Email addresses are primarily used for the purpose of sending notifications related to the service. With the exception of notifying friends about content the user has created, a user's email address is not shared or publicly displayed on the TTS Sites or within the TTS service. Users' full names, to the extent collected and stored, are never directly revealed to other users, unless authorized by the user.

We use the email address you provide upon registration to communicate with you regarding your account, your purchases and/or other transactions with TTS, changes in our Terms of Service, Terms of Sale and/or Privacy Policy, and other matters relating to your account with TTS. It also enables us to send you announcement emails about our new content, features, services, products, promotions, etc. You may opt out of receiving announcement emails from us at any time, by following the opt-out link contained in an announcement email you previously received, or by logging into the "My Account" section of the TTS Site(s) where you have an account and changing your email preferences in the account settings.

By using our services, you consent to receiving text messages from TTS for both marketing and transactional purposes. These text messages may include promotional content, updates, alerts, and information related to your transactions with us. Message frequency may vary, and standard message and data rates from your mobile carrier may apply. You can opt-out of receiving marketing text messages at any time by following the instructions provided in the messages or by contacting our customer support

From time to time, TTS and one or more of its partners may co-sponsor a promotion, sweepstake or contest or may offer a co-branded product or service on the TTS Sites (each, a "Joint Offering"). Users may be asked to provide personal information such as name, email address, home address, etc. or to answer questions in order to participate in a Joint Offering, which personal information may be shared by TTS with its partners involved in such Joint Offering, and such partners may use the information for its own advertising and marketing purposes. Also, we may transfer personal information to certain ad partners that you have explicitly requested to receive information from. It will be clear at the point of collection who is collecting the personal information and whose privacy statement will apply.

Use of Cookies & Similar Tracking Technologies

A “cookie” is a small amount of data that is sent to your browser from an Internet server and stored in your computer. TTS uses cookies (including Flash cookies) to store user preferences, account status, traffic origination, and to record session information, for purposes including ensuring that users are not repeatedly offered the same advertisements and to customize newsletter, advertising, and Web page content based on browser type and user profile information. You may be able to configure your browser to accept or reject all or some cookies (other than Flash cookies), or notify you when a cookie (other than a Flash cookie) is set - each browser is different, so check the "Help" menu of your browser to learn how to change your cookie preferences - however, you must enable cookies from TTS in order to use most functions on the TTS Sites. For more information about Flash cookies and how to remove them from your computer, please see the paragraph below entitled "SPECIAL NOTE - Flash Cookies."

TTS also implements several Google Analytics features that support Display Advertising. You may opt out of Google Analytics for Display Advertising and customize Google Display Network ads using the Ads Settings or by installing the Google Analytics opt-out browser add-on.

TTS utilizes “Remarketing with Google Analytics” to advertise online. In addition, third-party vendors, such as Google, show these ads on sites across the Internet and TTS and third-party vendors use both first-party and third-party cookies to inform, optimize, and serve ads based on user visits to the TTS site. TTS also utilizes “Google Display Network Impression Reporting”, which uses both first-party and third-party cookies to report how ad impressions, uses of ad services, and interactions with the ad impressions and ad services are related to user visits to the TTS sites. TTS also utilizes “Demographics and Interest Reporting”, which collects data based on user demographics and interests, including but not limited to: age, gender, affinity category behavior and other category behavior. Data collected from the Google Analytics Demographics and Interest Reporting function is used in order to enrich the user experience and provide more relevant services and advertisements to users.

Some TTS products may utilize MobileAppTracking™, a HasOffers Analytics tracking service which collects non-personally identifiable user data including but not limited to: platform, timestamp, locale, time zone, page views, and IP address. TTS uses this service to collect and compare information about the user base and user visits. You are free to opt out of this data collection service by going to HasOffers Analytics’ End User Opt-Out page at This link.

In addition, TTS may use so-called “pixel tags,” “web beacons,” “web bugs,” “clear GIFs,” etc. (collectively “Web Beacons”) to collect information about your visits to the TTS Sites. These are small electronic images embedded in web content (including online ads) and email messages and are ordinarily not visible to users. Like cookies, Web Beacons enable us to track pages and content (including ads) accessed and viewed by users on the TTS Sites. Also, when we send HTML-formatted (as opposed to plain text) emails to our users, Web Beacons may be embedded in such emails to allow us to monitor readership levels so that we can identify aggregate trends and individual usage to provide our users with more relevant content or offers. Web beacons in emails may recognize activities such as when an email was opened, how many times an email was forwarded, which links in the email were clicked on, etc. Web Beacons cannot be declined when delivered via a regular web page. However, Web Beacons can be refused when delivered via email. If you do not wish to receive our Web Beacons via email, you will need to disable HTML images or refuse HTML (select Text only) emails via your email software.

Please note that TTS may allow thirty-party advertisers (including those that are serving their own ads on the TTS Sites, as well as those so-called “network advertisers” or “ad networks” who are serving and managing ads for others) to set and use their own cookies (including Flash cookies) and/or Web Beacons on your computer when you visit the TTS Sites. These cookies and Web Beacons allow third-party advertisers to recognize your computer each time they send you an online advertisement and to compile information about where you, or others who are using your computer, saw their advertisements and determine which ads are clicked on. The information so compiled allows third-party advertisers to deliver targeted advertisements that they believe will be of most interest to you. Note, however, that we do not show these types of advertisements to our children users or track children users for targeted advertising purposes.

Use of cookies (including Flash cookies) and Web Beacons by third-party advertisers is governed by the privacy policies of those advertisers - not the TTS Privacy Policy. TTS has no control over what information is collected by third-party advertisers or how they may use the information. The privacy policies and data practices of such third-party advertisers may significantly differ from those of TTS, and TTS makes no representation or warranty whatsoever about third-party advertisers’ data policies and practices. For more information regarding the data practices of some of these third-party advertisers and how to opt out of their use of your information, please visit: This link.

The TTS Sites also contain links to and/or enables certain third-party Internet functionalities to enhance your online experience, including, without limitation, social plug-ins, tools and APIs. Prior to using any third-party functionalities (e.g., Facebook Connect) on the TTS Sites, you should consult the privacy notices of the third-party providers of such functionalities (e.g., Facebook). Once again, we have no control over what information is collected by such third parties, or how they may use the information. The privacy policies and data practices of such third parties may significantly differ from ours, and we make no representation or warranty whatsoever about their data policies and practices. Your communications and interactions with such third parties are solely between you and them, and are at your own risk.

SPECIAL NOTE - Flash Cookies:

Flash cookies (also known as “local shared objects” or “LSOs”) cannot be rejected, disabled, turned off, opted out, or deleted in the same way as regular cookies such as HTML cookies. Flash cookies may remain on your computer even after you have rejected, disabled, opted out or deleted regular cookies. For information on how to manage and remove Flash cookies, please visit: Link 1, Link 2 Link 3, Link 4

Please note that, in addition to TTS’s Flash cookies, third-party advertisers may set and use their own Flash cookies for user tracking purposes when serving and managing ads on the TTS Sites.

Invitations and Other Communications to Non-users

TTS users can send content to friends via our system and invite friends to join the service via third-party single sign-on services (e.g., Facebook Connect). TTS may store the email addresses that users provide so that TTS can send notifications authorized by users and related reminders to such email addresses. TTS does not sell these email addresses or use them to send any other communication besides those initiated by users and invitation reminders initiated by TTS (one (1) per email address). Recipients of emails from TTS may contact TTS to request the removal of their information from our database by clicking on the "Opt-Out" Link at the bottom of our emails.

You may prevent TTS messages from being sent to any email address you control by sending an email request to support@TTS.com or by visiting and adjusting your email preferences in My Account. Please note that the email must come from the account you wish to block.

Service Providers

We rely on certain third-party services for the operation of the TTS Sites, such as credit card payment processing, order processing, fulfillment and shipment, data storage and security, etc. To the extent a third-party service provider needs to access your information in order to perform services to us, we share your information with that provider. We require that a third-party service provider limit its use of your information solely to providing services to us and that it maintain the confidentiality, security and integrity of your information and not make unauthorized use or disclosure of the information.

For example, if you purchase a product from the TTS online store, we use a third-party vendor to pack and ship your order. Our fulfillment vendor will be given access to your full name and shipping address solely for the purpose of shipping your order. We require our fulfillment vendor not to retain, share, store or use your information for any other purpose.

As another example, we use Recurly, Inc to provide billing, subscription management and other payment related services. When you check out on any of the TTS Sites, you will be asked to enter your First Name, Last Name, Credit Card Information, Billing and Shipping Address as necessary to complete your transaction. TTS does not store any payment information in our database. Rather, we rely on Recurly, a PCI-DSS Level 1 compliant service merchant provider, to store all payment related data. Recurly is prohibited from using your personally identifiable information for any other purpose other than providing the above-described contracted services.

Third-Party Sites

The TTS Sites contain links to third-party sites. Unless expressly otherwise stated by TTS, TTS is not responsible for the privacy policies and/or practices of linked third-party sites. When you leave a TTS Site and go to a third-party site, our Privacy Policy will no longer apply, and any information collected from or about you on the third-party site will be governed by the privacy policy of that third party. Third-party sites’ privacy policies and data practices may be substantially different from those of TTS. They may send their own cookies, web beacons, etc. to your computer or mobile device, and may collect data about you and make use of the data in ways that we would not. You access such third-party sites entirely at your own risk. You should always read the privacy policy of a third-party site before disclosing any personal information on that site.

For example, some of the TTS Sites allow you to check out through Paypal. If you choose to use Paypal, your use of the Paypal service (including any personal information you submit to Paypal) is subject to and governed by Paypal’s privacy policy, and not TTS’s. Also, when you purchase a TTS mobile app from a third-party app store (e.g., Apple/iTunes), your purchase is with the third-party app store and not with TTS, and accordingly, any personal information you submit to the third-party app store in connection with the purchase is subject to and governed by the privacy policy of the third-party app store, and not TTS’s.

Public Communication

Please be aware that whenever you voluntarily post information on the TTS Site(s) that that information can be accessed by the public and can in turn be used by those people to send you unsolicited communications. We are not responsible for the personally identifiable information you choose to submit in these forums.

We do not currently make available public forums to our children users.

Correcting/Updating or Removing Information

TTS users may modify or remove any of their personal information at any time by logging into their account and accessing the “My Account” section.

Email Choice/Opt-out

Registered users and members may choose to no longer receive updates or notifications by managing their email preferences in the “My Account” section of any of the TTS Sites. All notification emails and TTS newsletters include instructions for opting-out of those communications in the future.

Security

TTS user accounts are secured by user-created passwords and, in some cases, third-party sign-on services (e.g., Facebook Connect). TTS takes precautions to ensure that user account information is kept private. We use commercially reasonable measures to protect user information that is stored within our database, and we restrict access to user information to those employees who need access to perform their job functions, such as our customer service personnel and technical staff. However, we do not guarantee that these efforts will completely protect user account information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time. We will endeavor to notify users in the event that the security of their personal information is breached or compromised. By submitting personal information on any of the TTS Sites, you expressly consent to receiving our notification regarding any breach or compromise, or suspected breach or compromise, of the security of your personal information, by email or postal mail, as we deem appropriate, and as required by law. For any additional information about the security measures we use on TTS, please contact us at: elfsupport@talktosanta.com.

We urge you to keep your username, password, and other account access information in a safe place and not to divulge it to anyone. Also, remember to sign off your account and close your browser window when you have finished your visit to a TTS Site. This is to ensure that others cannot access your account, especially if you are sharing a computer with someone else or are using a computer in a public place such as a library or an internet cafe.

Sharing and Disclosure of Information TTS Collects

Except as otherwise described in this privacy statement, TTS will not disclose personal information to any third party unless we believe that disclosure is necessary:

1. to comply with applicable law or to respond to a subpoena, court order, search warrant or other legal process received by TTS, whether or not a response is required by applicable law;
2. to protect or enforce our rights or the rights of a third party;
3. to protect the safety of members of the public and our users; or
4. to respond to an emergency.

TTS reserves the right to transfer personal information to a successor in interest that acquires rights to that information as a result of a sale of TTS or substantially all of TTS’s assets to that successor in interest or of a merger between TTS and such successor in interest. TTS also reserves the right to disclose personal information as necessary to enable third-party service providers to support and maintain the operation of the TTS Sites and TTS’s services. You will be notified via e-mail of any such change in ownership or control of your personal information. For more information see the "Changes in Our Privacy Policy" section below.

Children’s Privacy

TTS is committed to protecting the privacy needs of children and we encourage parents and guardians to take an active role in their children’s online activities and interests. The TTS Sites and TTS Service are not intended for use by children under the age of 13 without parental supervision. TTS does not knowingly collect personal information from children under the age of 13. Users must be 13 or older to be eligible to register on the TTS Sites.

Some of the TTS Sites and TTS Services are designed for parents and their young children. Children can only access and use such sites and services with the participation and supervision of their parents. Because of the young age of our children users, only parents are allowed to create accounts and profiles and to upload personal content on such sites and services. TTS does not knowingly collect any personal information directly from children on such sites and services. We also take certain measures to prevent children from submitting personal information to us or from accessing features that may collect or publish such information.

If you wish to review or delete any profile information that you have provided us regarding a child, or ask that we stop using such information, you may do so at any time through the settings area of your account or by contacting us using the information below.

Changes in Our Privacy Policy

This Privacy Policy is subject to change by TTS from time to time. If we make material changes (including material changes in the way we use or share user personal information, such as using information for purposes materially different from those disclosed in this Privacy Policy), we will post the changes on the TTS Site(s) affected by such changes and notify registered users and members via email. Also, we may ask registered users and members to review and consent to the changes at the time of their next account log-in. By continuing to use the TTS Site(s) affected by such changes after such notice and consent, you agree to be bound by the changes to this Privacy Policy.

Contacting the Web Site

If you have any questions about this Privacy Policy, the data practices of any of the TTS Sites, or your dealings with any of the TTS Sites, please contact us via email at elfsupport@talktosanta.com,.