Privacy Policy

Effective Date: 11/20/2025
Website: brainstoy.com
Brand: BRAINSTOY LLC

Address: 82 WENDELL AVE. STE 100, PITTSFIELD, MA 01201 USA

(Please do not send packages or returns to our mailing address. All returns must be authorized via our Contact Form. Returns sent to our mailing address without prior authorization will not be processed or refunded. Please check our Refund Policy).

If there is a conflict between our Terms of Use and this Privacy Policy, this Privacy Policy controls with respect to the collection, processing, and disclosure of personal information.

1. Introduction

BRAINSTOY LLC (“we,” “our,” or “us”) respects your privacy. This Privacy Policy explains how we collect, use, disclose, and protect information when you use our website brainstoy.com (the “Site”), and how we handle certain information we receive in connection with purchases made through our Square Online Store or eBay.

By using this Site, you agree to the practices described in this Privacy Policy. If you do not agree with this Privacy Policy or our practices, please do not use the Site.

This website operates in catalogue mode. We do not process orders or payments directly on brainstoy.com. When you click a purchase link or “buy” button, you are redirected to our Square Online Store or eBay, where checkout, payment processing, and any customer account creation are handled securely by Square, Inc. or eBay. We receive only limited order and customer information from Square or eBay, as described in this Policy.

If there is a conflict between our Terms of Use and this Privacy Policy, this Privacy Policy controls with respect to the collection, processing, and disclosure of personal information.

2. Information We Collect (Including Personal Information)

When we use the term “personal information,” we mean information that identifies, relates to, or could reasonably be linked to you. It does not include de-identified or aggregated data that cannot reasonably identify you. We collect (or receive) the following types of information:

a. Information You Provide Voluntarily

We may collect personal information that you voluntarily provide to us, including:

  • Contact Form Submissions:

When you contact us through our contact page, we may collect your name, email address, and any other details you choose to include in your message.

  • Newsletter Subscriptions:

If you subscribe to our newsletter, we collect your email address (and, optionally, your name) to send updates, product news, or special offers. Newsletter subscriptions are managed through Sender.net, which securely stores and processes your information in accordance with its own privacy policy. You can unsubscribe at any time using the link in our emails or by contacting us.

  • Order and Customer Information Received from Square:

Our Site itself does not include a cart or checkout. When you click a product link on brainstoy.com, you are redirected to our Square Online Store, where Square collects your order and payment information. Square may collect your name, email address, shipping and billing addresses, phone number, items purchased, and limited payment details. Square then shares certain order information with us so that we can fulfill your order, ship products, handle returns, and provide customer service.

We do not receive or store your full payment card number, CVV, or similar sensitive payment data.

  • Customer Accounts on Square:

If you choose to create a customer account on our Square Online Store, your account (including your login credentials and stored payment methods) is created and managed directly by Square. We may be able to see certain profile and order-related information associated with your Square customer account (such as your name, email address, and order history), but we do not have access to your account password.

  • Order and Customer Information Received from eBay:
    When you purchase items through our eBay store, eBay collects your name, shipping address, email (if provided), item purchased, and transaction details. eBay may share certain order information with us so that we can fulfill your order, ship products, and provide customer service.
    We do not receive or store your full payment card details from eBay.
    Your use of eBay is subject to eBay’s own User Agreement, Privacy Notice, and data practices.
  • Communications:

We may collect and retain copies of communications (emails or messages) exchanged with us, including any information you choose to share when contacting us about your order, products, or other questions.

b. Automatically Collected Information

When you browse our Site, we automatically collect limited technical and usage information, such as:

  • IP address
  • Browser type and version
  • Operating system
  • Referring pages
  • Pages visited on our Site
  • Time and date of visits, and time spent on pages

This data is collected primarily via Independent Analytics and is used only in aggregated, anonymized form to improve website performance and user experience.

We also use Google reCAPTCHA v3 to protect our contact forms from spam and abuse; this tool analyzes limited technical information (such as IP address, mouse movements, and other browser characteristics) to confirm that a submission is made by a human user.

Our cookie consent tool, CookieYes, may also collect limited technical information (such as your IP address and consent preferences) to remember which cookies you have allowed or blocked. For more information about how we use cookies and similar technologies, please see our Cookies Policy.

When you view pages that include embedded YouTube videos or social media buttons (such as Facebook, Instagram, TikTok, YouTube, or X), these third parties may collect certain technical information directly from your browser, such as your IP address and device type, in accordance with their own privacy policies.

Meta (Facebook/Instagram) Pixel and Conversions API

We use the Meta Pixel and/or Meta Conversions API in connection with our online presence and our Square Online Store. These tools may collect information about how you interact with our web pages or our Square Online Store, including:
– pages viewed
– products viewed
– items added to cart in connection with our online presence and our Square Online Store
– referring URLs
– device and browser information
– actions taken in connection with our online content and our Square Online Store

This information is automatically shared with Meta Platforms, Inc. and may be used by Meta to:
– measure the effectiveness of our advertising;
– improve ad delivery and reporting;
– create Custom Audiences and lookalike audiences; and
– deliver personalized ads on Facebook, Instagram, and other Meta services.

This type of data sharing with Meta may be considered a “sale” or “sharing” of personal information under certain U.S. state privacy laws (such as the California Consumer Privacy Act (CCPA/CPRA)), even if we do not exchange data for money. You may opt out of this “sale” or “sharing” as described in the Your Rights section.

c. Transactions through Square, eBay and Integrated Services

Our website operates in catalogue mode and does not process payments directly. When you click on a product link on brainstoy.com, you are redirected to our Square Online Store or eBay, where checkout and payment are securely processed by Square, Inc. or eBay.

Square and eBay may collect and store order-related information (such as your name, email address, shipping and billing address, phone number, items purchased, and payment details) to complete your purchase in accordance with Square’s or eBay own privacy notice and terms.

BRAINSTOY LLC does not have access to or store your full payment card data.

We may connect our Square Online Store to integration tools such as Make in order to:

  • automatically receive order and customer information from Square; and
  • pass certain details (such as your email address, name, order ID, and products purchased) to Sender.net so that Sender.net can send transactional emails (for example, order follow-ups or review requests) on our behalf.

These integrations operate in connection with the Square platform, but the information handled through them is processed for our legitimate business purposes as described in this Policy.

 

Tracking on the Square Online Store 

When you are redirected to our Square Online Store (hosted on Square’s domain), Square may automatically use third-party analytics and advertising tools—including Google Analytics 4 (GA4), Google Ads conversion tracking, and the Meta Pixel—to measure traffic, improve advertising performance, and support transaction processing. These tracking technologies are implemented and controlled by Square, not by brainstoy.com, and are governed by Square’s own privacy and cookie policies.

 3. How We Use Information

We use the information we collect or receive for the following purposes:

  • To respond to inquiries sent through our contact page.
  • To provide, operate, and improve our Site and services.
  • To send newsletters or updates if you have opted in to receive them, including product news, educational content, or special offers.
  • To fulfill orders and provide customer service, including:
    • processing and shipping your orders;
    • managing returns and exchanges; and
    • responding to questions about your purchase.
      We may use third-party shipping and logistics tools such as Pirate Ship or Shippo to generate shipping labels and send shipping-related notifications.
  • To send transactional and review-request emails, such as:
    • order follow-up messages;
    • requests to rate your experience or leave a review;
    • important information about your purchase or our policies.
      These emails may be sent via Sender.net, and may be triggered or managed through automations in Make using order data we receive from Square.
  • To maintain records for legal, tax, and accounting purposes.
  • To protect our rights and comply with law, including to comply with applicable legal obligations, respond to requests from authorities, enforce our Terms of Use, and protect our rights, property, and safety, as well as the rights and safety of our users and the public.

Newsletter communications are delivered via Sender.net, which may track limited engagement metrics (such as open rates and link clicks) to ensure reliable delivery and to help us understand how our emails are performing. These metrics do not involve storing payment card data or tracking your general browsing activity on our Site.

Advertising and Marketing (Meta Pixel / Conversions API)

We use information collected through the Meta Pixel and/or Meta Conversions API—in connection with our online presence and our Square Online Store—to measure the performance of our advertising campaigns, improve how our ads are delivered, and create Custom Audiences on Meta platforms (such as Facebook and Instagram). This allows us to show relevant ads to people who may be interested in our products.

We do not sell or rent personal information for money. However, our use of tools such as the Meta Pixel—and tracking tools used by Square such as Google Analytics 4 and Google Ads conversion tracking—may be considered a “sale” or “sharing” of personal information under certain U.S. state privacy laws because it involves disclosing identifiers and online activity to advertising partners. You may opt out of this “sale” or “sharing” at any time by contacting us through our Contact Form.

Advertising and Measurement (Google Analytics / Google Ads) 

We use information obtained from Google Analytics 4 and Google Ads conversion tracking—operating on our Square Online Store—to measure the performance of our Google listings, Google Business Profile clicks, and Google advertisements. Google may use this information to provide analytics and advertising services and to improve its platforms.

When you complete a purchase through our Square Online Store or eBay, your transaction data is processed by Square or eBay, while BRAINSTOY LLC handles order fulfillment, shipping (including via third-party shippers such as Pirate Ship or Shippo), and returns according to our Shipping Policy and Refund Policy.

4. Cookies and Tracking

Our website uses cookies and similar technologies to ensure basic functionality, maintain security, and understand how visitors use our pages. Certain cookies are essential for site functionality and security. Disabling these may affect how the website operates.

We use, for example:

  • Independent Analytics for anonymous, aggregated usage data about how visitors interact with our Site.
  • Google reCAPTCHA v3 to prevent spam and protect our contact forms.
  • CookieYes to manage and remember your cookie consent preferences.
  • Functional cookies that remember your preferences (such as cookie consent choices).
  • Meta Pixel / Conversions API:
    We use the Meta Pixel and/or Meta Conversions API in connection with our online presence and our Square Online Store to share that information with Meta for advertising, measurement, and analytics purposes. These tools may set cookies or use local storage depending on your browser and device. You may opt out of this sharing as described in the “Your Rights” section.
  • Tracking on Square’s Domain:

    Our Square Online Store may use Google Analytics 4, Google Ads conversion tags, the Meta Pixel, and other tracking tools installed by Square to understand how users interact with Square-hosted pages and to support advertising performance. These technologies operate under Square’s control and are governed by Square’s own privacy practices.

Embedded YouTube videos on our Site may set cookies or similar technologies when you view or interact with a video. Social media buttons (such as Facebook, Instagram, TikTok, YouTube, and X) may also allow those platforms to collect information about your visit to our Site, even if you do not interact with the button.

Our Site itself does not set checkout or payment cookies; those are managed by Square or eBay once you visit our Square Online Store or eBay pages. Square’s use of cookies and similar technologies is governed by Square’s or eBay own privacy and cookies policies.

You can manage or disable cookies through your browser settings at any time. For more details, please review our Cookies Policy.

5. Data Retention

We retain personal information only as long as necessary to fulfill the purposes described in this Policy, including to provide our services, comply with legal obligations, resolve disputes, and enforce our agreements.

In particular:

  • Contact messages are retained only as long as needed to respond to your inquiry and for a reasonable period afterward in case of follow-up.
  • Technical and analytics data may be stored according to the standard practices of our service providers (for example, Independent Analytics, CookieYes, and Google reCAPTCHA v3).
  • Mailing list information (managed via Sender.net) is retained until you unsubscribe or request deletion, or until we no longer need it for the purposes for which it was collected.
  • Order and customer information received from Square or eBay is retained as long as necessary to fulfill orders, manage returns, respond to customer-service requests, and comply with legal, tax, and accounting requirements.

Third-party service providers may assist us in operating our website, hosting our content, processing contact form submissions, sending emails, or handling logistics. These providers may have access to personal information you submit through the Site or that we receive from Square or eBay, but only to the extent necessary to perform their functions on our behalf and subject to confidentiality obligations. These providers may include, for example, our web host, Independent Analytics, CookieYes, Google reCAPTCHA v3, Square, Sender.net, Make (integration/automation platform), Pirate Ship, Shippo, and similar vendors.

Information collected by Square, eBay, Sender.net, Make, Pirate Ship, Shippo, or other third-party providers is retained in accordance with their respective data retention policies. We retain only the minimal information necessary to fulfill orders, respond to inquiries, and comply with legal requirements.

6. Children’s Privacy

This website is intended for general audiences and does not knowingly collect personal information from children under 13. Products promoted on this site may be suitable for children ages 8 and up, but all interactions with the website and any purchases (including contacting us or placing an order through our Square Online Store or eBay) should be made by a parent or legal guardian.

As of the effective date of this Policy, we do not have actual knowledge that we sell or share personal information of individuals under 16 years of age.

7. Your Rights

Depending on where you live, you may have legal rights regarding your personal information, which may include:

  • The right to know what personal information we collect, use, or disclose about you.
  • The right to access and receive a copy of the personal information you have provided to us.
  • The right to correct inaccurate personal information.
  • The right to request deletion of your personal information, subject to certain exceptions (for example, where we must retain data for legal, tax, or accounting purposes).
  • The right to data portability in certain circumstances.
  • The right to opt out of certain cookies and tracking technologies through your browser settings or our cookie banner.
  • The right to opt out of the sale or sharing of your personal information. We do not sell your personal information for money. However, our use of tools such as the Meta Pixel—and tracking tools used by Square such as Google Analytics 4 and Google Ads conversion tracking—may be considered “sharing” of personal information for targeted advertising under U.S. privacy laws. You may opt out of this “sale” or “sharing” at any time by contacting us using our Contact Form. We will apply your preference and limit how your information is used for advertising on Meta and Google platforms to the extent that we control such use.

We will not discriminate against you for exercising any of your privacy rights.

You may authorize an agent to make a request on your behalf. We may require identity verification (and, where applicable, confirmation of agency) to protect your data.

For California residents, this Privacy Policy is intended to comply with the California Consumer Privacy Act (CCPA), as amended. For EU/EEA residents, it is intended to align with the General Data Protection Regulation (GDPR).

Our Site and products are intended for U.S. customers. We do not specifically target or market to individuals in the European Union or the United Kingdom. If you are visiting from those regions, please note that our website may not use a consent-based cookie management system required under EU/UK privacy laws.

We use the Meta Pixel and similar tools to help measure the effectiveness of our advertising and understand how visitors interact with our website. This may be considered a “sale” or “sharing” of personal information under certain U.S. state privacy laws. You may opt out of this “sale” or “sharing” at any time by contacting us using our Contact Form. When you opt out, we will apply your preference and limit how your information is used for advertising on Meta platforms.

You may exercise your rights by contacting us through our Contact Form. You can also unsubscribe from newsletters at any time by using the unsubscribe link included in our emails.

8. Security

We use reasonable measures to protect information shared through the Site. We use Google reCAPTCHA v3 to protect our contact forms and help prevent unauthorized automated activity. However, no method of transmission or storage is 100% secure, and we cannot guarantee absolute security.

We do not store payment card details on our servers. Payment information is processed directly by Square or eBay or other payment processors on their own secure systems.

Access to personal data within our organization is restricted to authorized personnel only, and we implement regular reviews of data handling procedures to maintain security integrity.

Both BRAINSTOY LLC and our service providers (including, for example, Square, eBay, Sender.net, Make, Pirate Ship, and Shippo) maintain administrative, technical, and physical safeguards designed to protect your personal information during processing, storage, and transmission, in accordance with their own security practices.

9. Third-Party Links

Our website may include links to:

  • our Square Online Store;
  • eBay product listings and checkout pages;
  • product listings on platforms such as Google Merchant;
  • review or rating platforms (for example, Trustpilot or similar services); and
  • our social media pages, such as Facebook, Instagram, TikTok, YouTube, X (formerly Twitter), and any other platforms we may use from time to time.

These links are provided for convenience only. We are not responsible for the content, data collection, or privacy practices of those external websites or platforms. When you click on a third-party link, you are subject to that third party’s terms and privacy policy. We encourage you to review their privacy policies before providing personal information or interacting with their services.

Information collected via the Meta Pixel or Conversions API is retained according to Meta’s data retention policies.

Information collected via Google Analytics or Google Ads conversion tracking on the Square Online Store is retained in accordance with Google’s data retention policies.

Information collected by eBay during checkout is retained according to eBay’s privacy practices.

10. Data Subject Requests

If you wish to access, modify, delete, or restrict the use of your personal data, please contact us through our Contact Form with your request. We will respond within the timeframe required by applicable law. Depending on your jurisdiction, you may also have the right to file a complaint with your local data protection authority if you are unsatisfied with our response.

For certain requests related to your customer account or payment information on our Square Online Store, eBay, we may direct you to Square, eBay or another relevant service provider when appropriate, as they control that data.

11. Governing Law

This Policy is governed by and interpreted in accordance with the laws of the United States and the Commonwealth of Massachusetts, without regard to conflict-of-law principles.

Any disputes arising from or related to this Policy or your use of our website shall be subject to the exclusive jurisdiction of the courts located in Massachusetts, USA.

12. Changes to this Policy

We may update this Policy from time to time to reflect changes in our practices, our business operations, or applicable laws and regulations.

Any updates will be posted on this page with a new “Effective Date.”

If the changes are significant, we may also provide an additional notice (for example, a website banner or email notification) so you can review the updates before they take effect.

Your continued use of the website after any changes have been posted will signify your acceptance of the revised Policy.

Material updates will also be reflected on our website under the same effective date. Your continued use of the Site after such changes constitutes acceptance of the revised Policy.

13. Contact Us

If you have any questions or concerns about this Policy, please contact us through our Contact Form and a member of our team will respond as soon as possible. We typically respond within 1–2 business days.

14. Accessibility

If you have any accessibility issues viewing or understanding this policy, please contact us through our Contact Form and a member of our team will respond as soon as possible.