Terms of Use     View Privacy Policy

V 2.1 Updated March 14, 2017

Welcome to the Internet sites and Apps of The Elf on the Shelf, An Elf’s Story, and Elf Pets (collectively "ELF ON THE SHELF’s” sites). ELF ON THE SHELF and any and all entities that control, or are affiliated or under common control with ELF ON THE SHELF, including all brands and trademarks owned or controlled by such entities, are collectively referred to herein as "we," "us" or "our".

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY ELF ON THE SHELF SITE. By using any ELF ON THE SHELF Site or by clicking a box that states that you accept or agree to these terms, you signify your agreement to these terms of use. If you do not agree to these terms of use, you may not use the ELF ON THE SHELF Sites.

Note that special terms may apply to some functions on certain ELF ON THE SHELF Sites (i.e. contest rules or other features or activities.) These terms are posted in connection with the applicable feature or activity. Any such terms are in addition to these terms of use, and in the event of a conflict, prevail over these terms of use.

You acknowledge that these terms of use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. You acknowledge that such consideration includes but is not necessarily limited to, your use of the ELF ON THE SHELF Sites and receipt of data, materials and information available at or through the ELF ON THE SHELF Sites, the possibility of our use or display of your Solicited Submissions (as defined below in Section 2, titled "SUBMISSIONS") and the possibility of the publicity and promotion from our use or display of your Solicited Submissions.

  1. USE OF CONTENT

    All information, materials, features, activities, functions and other content (including Submissions, as defined in Section 2, titled "SUBMISSIONS") ("Content") contained on ELF ON THE SHELF Sites are our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. We may change the ELF ON THE SHELF Sites or delete Content or features at any time, in any way, for any or no reason.

    Except as we specifically agree in writing, no Content from any ELF ON THE SHELF Site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of an ELF ON THE SHELF Site, except that where an ELF ON THE SHELF Site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of our products, services or brands. Any business use, "re-mailing" or high-volume or automated use of ELF ON THE SHELF Sites is prohibited.

    In the event that we offer downloads of software on an ELF ON THE SHELF Site and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.

  2. SUBMISSIONS

    In these terms of use, we use the word "Submissions" to mean text, messages, ideas, concepts, pitches, suggestions, stories, screenplays, treatments, formats, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, characterizations, your and/or other persons' names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute (collectively, "Distribute") on or through an ELF ON THE SHELF Site.

    There are two types of Submissions: Solicited Submissions and Unsolicited Submissions. "Solicited Submissions" means those Submissions (a) that we expressly request or enable you to provide to us via any feature or activity on an ELF ON THE SHELF Site for our review or display and possible specifically-defined consideration or compensation (e.g., prizes or other value in games, sweepstakes, contests and promotions); (collectively, "Consideration") and (b) that you Distribute on or through any ELF ON THE SHELF Site for which you do not seek Consideration (e.g., in our Guest Services and in Public Forums (as defined below in Section 5, titled "PUBLIC FORUMS AND COMMUNICATION")). "Unsolicited Submissions" are any and all Submissions that do not fall within subparagraphs (a) or (b) of this paragraph.

    We never seek Submissions from children under 13 years. The only place on our Sites where information is intentionally collected from children is on the Write a Letter to Santa page, which collects a parent’s email address for a one-time contact. The email address is not stored or reused after the single response.

    We do not accept or consider Unsolicited Submissions so please do not Distribute Unsolicited Submissions on or through any ELF ON THE SHELF Sites. We make no contract implied, or otherwise, with respect to unsolicited submissions, and it is our specific interest to avoid the possibility of future misunderstandings when projects developed by us or under our direction might seem to others to be similar to their own creative work. Accordingly, do not distribute any Unsolicited Submission. You agree that any Submissions you distribute are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of any review, compensation or consideration of any type, (other than that state herein.)

    Except as expressly stated in these terms of use, the provisions of these terms of use apply equally to Unsolicited Submissions and Solicited Submissions. Accordingly, we, our licensees, distributors, agents, representatives and other authorized users shall be entitled to exploit and disclose all Submissions, and we shall not be liable to you or to any person claiming through you for any exploitation or disclosure of any Submission.

  3. LICENSES AND REPRESENTATIONS

    Regarding your submissions, you hereby grant us and our licensees, distributors, agents, representatives and other authorized users, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify (including removing lyrics and music from any Submission or substituting the lyrics and music in any Submission with music and lyrics selected by us), create derivative works based upon, perform and otherwise exploit such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised (including on ELF ON THE SHELF Sites, on third party web sites, on our broadcast and cable networks and stations, on our broadband and wireless platforms, products and services, on physical media, and in theatrical release) for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity (the "Submissions License").

    By distributing a Submission, you represent and warrant that the Submission and your distribution thereof conform to the Rules of Conduct (set forth below in Section 6 titled "RULES OF CONDUCT") and other requirements of these terms of use and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize us to exploit, such Submission in all manners contemplated by these terms of use (including the Submissions License). These terms of use (including the Submissions License) do not limit any past or future grant of rights, consents, agreements, assignments and waivers you may have made or make with respect to Submissions.

    To the extent that we solicit Submissions through features or activities on or through the ELF ON THE SHELF Sites (including games, sweepstakes, contests, promotions and Public Forums (defined below in Section 5, titled "PUBLIC FORUMS AND COMMUNICATION")) that require the use of our copyrighted works (in whole or in part), we hereby grant you a non-exclusive license to create a derivative work using our copyrighted works (in whole or in part) as required (but only as required, and only for the purpose of creating your Submissions); provided however, that such license shall be conditioned upon your assignment of all rights in the work you create to us. If such rights are not assigned to us, your license to create derivative works using our copyrighted works (in whole or in part) shall be null and void. You agree to the foregoing grant of rights, consents, agreements and assignments whether or not your Submissions are used by us.

    You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these terms of use.

    To the extent any "moral rights," "ancillary rights," or similar rights in or to the Submissions exist and are not exclusively owned by us, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights.

    Without limiting the scope of the Submissions License or any future grant of rights, consents, agreements, assignments, and waivers you may make with respect to Submissions, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you with respect to Submissions submitted by you to us.

  4. ACCOUNTS

    Some function on the ELF ON THE SHELF Sites permit or require you to create an account to participate or to secure additional materials. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the "Registration Data"). You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph. You also agree to promptly notify us at webmaster@elfontheshelf.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to any ELF ON THE SHELF Site. In addition, you agree to exit from your account at the end of each session.

    We may suspend or terminate your account and your ability to use any ELF ON THE SHELF Site or portion thereof for failure to comply with these terms of use or any special terms related to a particular service, for infringing copyright, or for any other reason whatsoever.

  5. PUBLIC FORUMS AND COMMUNICATION

    "Public Forum" means an area, site function or feature offered as part of any ELF ON THE SHELF Site that offers the opportunity for users to distribute Submissions for viewing by one or more ELF ON THE SHELF Site users, including a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog and e-mail function.

    You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to a public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.

    You are and shall remain solely responsible for the Submissions you distribute on or through any ELF ON THE SHELF Site under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting same. We have no duty to monitor any Public Forum.

    Also, you should be skeptical about information provided by others, and you acknowledge that the use of any Submission posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith.

    We owe you no obligation, and therefore may refuse, to post, deliver, remove, modify or otherwise use or take any action with respect to Submissions you distribute.

  6. RULES OF CONDUCT

    The following Rules of Conduct apply to the ELF ON THE SHELF Sites. By using the ELF ON THE SHELF Sites, you agree that you will not Distribute any Submission that: 

    1. is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person;
    2. is bigoted, hateful, or racially or otherwise offensive; 
    3. is violent, vulgar, obscene, pornographic or otherwise sexually explicit; 
    4. otherwise harms or can reasonably be expected to harm any person or entity; 
    5. is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
    6. infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation; 
    7. is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
    8. contains a virus or other harmful component, or otherwise tampers with, impairs or damages the ELF ON THE SHELF Sites or any connected network, or otherwise interferes with any person or entity's use or enjoyment of the ELF ON THE SHELF Sites; 
    9. does not generally pertain to the designated topic or theme of the relevant Public Forum; 
    10. violates any specific restrictions applicable to a Public Forum, including its age restrictions and procedures; or
    11. is antisocial, disruptive, or destructive, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet. 

    We cannot and do not assure that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of these terms of use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

  7. COOPERATION; REMOVAL OF SUBMISSIONS

    We reserve the right, but disclaim any obligation or responsibility, to (a) refuse to post or communicate or remove any Submission from any ELF ON THE SHELF Site that violates these terms of use (including the Rules of Conduct) and (b) identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information, when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these terms of use (including the Rules of Conduct) and/or our contest, sweepstakes, promotions, and game rules, and/or protect the safety or security of any person or property, including any ELF ON THE SHELF Site. Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever.

  8. CONTENT ACCESSIBLE THROUGH LINKS FROM ELF ON THE SHELF SITES AND SEARCH RESULTS

    You should be aware that when you are on an ELF ON THE SHELF Site, there are links to other sites that take you outside of our service to sites that are beyond our control, such as banner advertisements and links from advertisers, sponsors and content partners that may use our logo(s) as part of a co-branding relationship. You acknowledge that when you click on any of the aforementioned links, the sites you are taken to are not controlled by us; different terms of use and privacy policy may apply, and we are not responsible for such sites. We do not endorse and cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any ELF ON THE SHELF Site or third-party Content contained on our sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third parties.

    Nor can we be held responsible for the accuracy, relevance, legality or decency of material contained on sites retrieved in searches and/or listed in search results or identified on search results pages.

  9. DISCLAIMERS

    THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO ELF ON THE SHELF SITES OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM ANY ELF ON THE SHELF SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY ELF ON THE SHELF SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).

    ELF ON THE SHELF Sites may contain the opinions and views of other users. Given the interactive nature of these sites, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by our users.

  10. INDEMNIFICATION

    You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms of use or claims arising from your use of the ELF ON THE SHELF Sites and/or your account(s). You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

  11. LIMITATION OF LIABILITY

    UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, ANY ELF ON THE SHELF SITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF A ELF ON THE SHELF SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY ELF ON THE SHELF SITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.

    WE MAY TERMINATE YOUR FURTHER ACCESS TO ELF ON THE SHELF SITES OR CHANGE THE ELF ON THE SHELF SITES OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.

    THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

  12. JURISDICTIONAL AND VENUE ISSUES

    You agree that any action at law or in equity arising out of or relating to these terms of use or the ELF ON THE SHELF Sites shall be filed, and that venue properly lies, only in state or federal courts in Fulton County, Georgia, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. We make no representation that Content on any ELF ON THE SHELF Site is appropriate or available for use in any particular location. Those who choose to access a ELF ON THE SHELF Site do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.

  13. AMENDMENT

    At any time, we may amend these terms of use (including by modification, deletion and/or addition of any portion thereof). You are responsible for reviewing these terms of use and understanding their content, as well as any amendments thereto.

  14. GENERAL PROVISIONS

    These terms of use shall be governed by and construed in accordance with the laws of the State of Georgia and the laws of the United States, without giving effect to any principles of conflicts of law. If any provision of these terms of use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these terms of use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms of use shall not constitute a waiver of such right or provision. In these terms of use, the word "including" is used illustratively, as if followed by the words "but not limited to." YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY ELF ON THE SHELF SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

    Supply of goods, services and software through ELF ON THE SHELF Sites is subject to United States export control and economic sanctions requirements. By acquiring any such items through ELF ON THE SHELF Sites, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements. Without limiting the foregoing, you may not acquire goods, services or software through ELF ON THE SHELF Sites if: (1) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan or Syria or if you are on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Denied Persons List, Unverified List or Entity List ; or (2) you intend to supply the acquired goods, services or software to Cuba, Iran, North Korea, Sudan or Syria (or a national or resident of one of these countries) or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List or Entity List.

  15. CLAIMS OF COPYRIGHT INFRINGEMENT

    It is our policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act.  In addition, we will promptly terminate without notice the accounts of those determined by us to be “repeat infringers.” If you are a copyright owner or an agent thereof, and you believe that any Content hosted on any Elf on the Shelf Site infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Copyright Agent with the following information in writing (please consult your legal counsel or See 17 U.S.C. Section 512(c)(3) to confirm these requirements):

    1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works at that website.
    3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
    4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
    5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
    6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

You may submit your Notification of Alleged Copyright Infringement by sending it to our Designated Agent by mail or e-mail as set forth below.

Elf on the Shelf’s Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows:

Attention: Designated Copyright Agent
Elf on the Shelf
3350 Riverwood Parkway, Ste 300 Atlanta, GA 30339
Email: compliance@elfontheshelf.com

For clarity, only DMCA notices should go to the Elf on the Shelf Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to customer service through the webmaster@elfontheshelf.com. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.

Safety

At CCA and B, we take product safety very seriously, and we recognize the great responsibility we have to provide you with products that are of the highest quality. Many of our products, including The Elf on the Shelf, Claus Couture items, and our brand new SEAP kits are not actually toys and are labeled for Ornamental Use Only. However, because quality and product safety is of a primary focus, we often test these products to higher toy safety standards to ensure safety and quality that exceeds the expectations of our consumers. Our products are tested and comply with applicable ASTM (American Society for Testing and Materials), EN71 (European standards), and Canadian Toy safety standards. Our products also meet or exceed the applicable CPSC (Consumer Product Safety Commission) guidelines. Furthermore, we use independent laboratories to perform our testing evaluations. We believe independent laboratories bring both testing expertise and objectivity to the product evaluation process.

Retailers: If you would like to obtain a copy of our Certificate of Compliance (COC), please email compliance@elfontheshelf.com your name, account name, and mailing address.

 

 

Privacy Policy    View Terms of Use

This Privacy Policy is effective as of November 4, 2016.

This Privacy Policy was last updated on November 4, 2016.

PRIVO-Cert:tm: Safe Harbor Certification Program

CCA and B/The Elf on the Shelf (“CCA and B”) is a Member of the PRIVO-Cert:tm: Safe Harbor Certification Program (“the Program”). As a participating member in the Program, CCA and B/The Elf on the Shelf adheres to the strict information collection, use and disclosure requirements set forth by the Program. PRIVO is an independent, third-party organization committed to safeguarding children's personal information collected online. PRIVO aims to help parents and their children exercise control over personal information while exploring the Internet. The PRIVO certification seal posted on this page indicates that CCA and B/The Elf on the Shelf has established COPPA compliant privacy practices and has agreed to submit to PRIVO’s oversight and consumer dispute resolution process. If you have questions or concerns about our privacy practices, please contact us at 877-919-4105 or privacy@elfontheshelf.com. If you have further concerns after you have contacted us, you can contact PRIVO directly at privacy@privo.com

Introduction

Certain CCA and B websites, related games, mobile applications, features, content, widgets or services (collectively with the website, the “Service”) are intended for use by the whole family including, which may include young children with parental participation and supervision. CCA and B recognizes the importance of protecting any information collected from the users (each a “User” or collectively, “Users,” referred to herein as “you” or “your:) of its Service, and has adopted this Privacy Policy to inform its Users about the types of information CCA and B gathers about a User online while using the Service, how CCA and B may use that information, whether CCA and B discloses it to anyone, and the choices a User has regarding use of and correction of the information. CCA and B and any and all entities that control, or are affiliated or under common control with CCA and B are collectively referred to herein as "we," "us" or "our". When you use this website and input information on it, you expressly consent to the use of such information according to this Privacy Policy. We understand your privacy is important. We encourage you to refer to this policy on an ongoing basis to stay up-to-date on our most current privacy practices, which may change from time to time as we continue to develop this site. The date that this policy was last changed is noted above. If any future modification requires CCA and B to provide notice to a parent or receive parental consent, we will take the steps necessary to comply with those requirements at that time.

THIS PRIVACY POLICY IS PART OF THE TERMS OF USE WHICH YOU, OR IF YOU HAVE NOT REACHED THE AGE OF MAJORITY IN YOUR JURISDICTION, A PARENT OR LEGAL GUARDIAN, MUST READ AND ACCEPT ON YOUR BEHALF.

IF YOU, OR YOUR PARENT/GUARDIAN ON YOUR BEHALF, DO NOT WISH TO BE BOUND BY THE TERMS OF USE, INCLUDING THIS PRIVACY POLICY, PLEASE EXIT THE SERVICE NOW AND DO NOT DOWNLOAD, ACCESS OR USE CCA and B’S SERVICES.

Contact us at privacy@elfontheshelf.com concerning anything you do not understand.

 

Children’s Privacy

  1. Mobile Applications
    1. CCA and B does not collect any personal information from children in its mobile applications.
    2. Some mobile applications utilize alerts, which the User may control via the alert setting within the application. The alerts are not sent remotely by a server.
  2. Elfontheshelf.com Website
    1. The Write a Letter to Santa feature on www.elfontheshelf.com collects a parent email address for one time contact with the parent. The email address is not stored or reused at any stage after the initial response.
  3. Additional Information
    1. Some of the features on CCA and B’s Services are directed to parents and adults, and CCA and B does not knowingly collect personal information from children in connection with those features.
    2. Geolocation information is collected by our mobile applications and websites at the city level.
    3. Google Analytics is a third-party, affiliated company that helps us to better understand your use of our Services. This third party is not allowed to share your data. For Google’s Privacy Policy click here: http://www.google.com/intl/en/policies/privacy/.
    4. For more information in our privacy practices related to children, please contact Compliance@elfontheshelf.com.

General Privacy Policy

  1. TYPES OF INFORMATION WE COLLECT

    We collect two basic types of information: (1) personal information and (2) anonymous information - and we may use personal and anonymous information to create a third type of information, which we characterize as aggregate information.

    We collect the following categories of information;

    1. Registration information you provide when you create an account, including your first and last name, country of residence, date of birth, email address, and password;
    2. Location information when you visit our sites or use our applications, including location information either provided by a mobile device interacting with one of our sites or application, or associated with your IP address, where we are permitted by law to process this information; and usage, viewing and technical data, including your device identifier or IP address, when you visit our sites, use our applications on third-party sites or platforms or open emails we send.
  2. HOW WE COLLECT YOUR INFORMATION

    We collect information you provide to us when you request products, services or information from us, register with us, participate in public forums or other activities on our sites and applications, respond to customer surveys, or otherwise interact with us. Please keep in mind that when you provide information to us on a third-party site or platform (for example, via our applications), the information you provide may be separately collected by the third-party site or platform. The information we collect is covered by this Privacy Policy and the information the third-party site or platform collects is subject to the third-party site or platform's privacy practices. Privacy choices you have made on the third-party site or platform will not apply to our use of the information we have collected directly through our applications.

    We collect information through technology, such as cookies, Flash cookies and Web beacons, including when you visit our sites and applications or use our applications on third-party sites or platforms.

  3. SHARING YOUR INFORMATION WITH OTHER COMPANIES

    We will not share your personal information outside of our affiliated companies except in limited circumstances, including:

    1. When you allow us to share your personal information with another company, such as:
      1. Electing to share your personal information with carefully selected companies so that they can send you offers and promotions about their products and services (but only with specific consent).
      2. Directing us to share your personal information with third-party sites or platforms, such as social networking sites (Please note that once we share your personal information with another company, the information received by the other company becomes subject to the other company's privacy practices.)
    2. When companies perform services on our behalf, like email delivery, package delivery and customer service; however, these companies are prohibited from using your personal information for purposes other than those requested by us or required by law
    3. When we share personal information with third parties in connection with the sale of a business, to enforce our Terms of Use or rules, to ensure the safety and security of our guests and third parties, to protect our rights and property and the rights and property of our guests and third parties, to comply with legal process or in other cases if we believe in good faith that disclosure is required by law.

     

    Third Party, Affiliated Companies:

    1. Zendesk: Zendesk helps us provide customer service. Zendesk is not allowed to share our user data. For Zendesk’s Privacy Policy, click here: https://www.zendesk.com/company/privacy/.
    2. Google Analytics: Google Analytics helps us to better understand your use of our Services. This third party is not allowed to share your data. For Google’s Privacy Policy, click here: http://www.google.com/intl/en/policies/privacy/
    3. OneAll Social Login: OneAll Social Login, if available, allows parents to register and log in to our site using social media accounts. For OneAll’s privacy policy, click here: https://www.oneall.com/company/privacy-policy/
  4. YOUR CONTROLS AND CHOICES

    We provide you the ability to exercise certain controls and choices regarding our collection, use and sharing of your information. In accordance with local law, your controls and choices may include:

    1. You may correct, update and delete your registration account.
    2. You may change your choices for subscriptions, newsletters and alerts.
    3. You may choose whether to receive from us offers and promotions for our products and services, or products and services that we think may be of interest to you.
    4. You may choose whether we share your personal information with other companies so they can send you offers and promotions about their products and services.
    5. You may choose whether to receive targeted advertising from many ad networks, data exchanges, marketing analytics and other service providers here.
    6. You may request access to the personal information we hold about you and that we amend or delete it and we request third parties with whom we have shared the information do the same.
  5. DATA SECURITY AND INTEGRITY

    The security, integrity and confidentiality of your information are extremely important to us. We have implemented technical, administrative and physical security measures that are designed to protect guest information from unauthorized access, disclosure, use and modification. From time to time, we review our security procedures to consider appropriate new technology and methods. Please be aware though that, despite our best efforts, no security measures are perfect or impenetrable.

  6. DATA TRANSFERS, STORAGE AND PROCESSING GLOBALLY

    Wherever your personal information is transferred, stored or processed by us, we will take reasonable steps to safeguard the privacy of your personal information.

  7. CHANGES TO THIS PRIVACY POLICY

    From time to time, we may change this Privacy Policy to accommodate new applications, technologies, industry practices, regulatory requirements or for other purposes. We will provide notice to you if these changes are material and, where required by applicable law, we will obtain your consent.

  8. COMMENTS AND QUESTIONS

    If you have a comment or question about this Privacy Policy, please contact the CCA and B Compliance Department at:

    CCA and B/The Elf on the Shelf
    3350 Riverwood Parkway, Ste 300
    Atlanta, GA 30339
    877-919-4105
    EMAIL: Compliance@elfontheshelf.com

    Our sites and applications may contain links to other sites not owned or controlled by us and we are not responsible for the privacy practices of those sites. We encourage you to be aware when you leave our sites or applications and to read the privacy policies of other sites that may collect your personal information.