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Privacy Policy

Tangible Play, Inc.

Effective Date: January 1, 2020

Contents

Privacy Policy

This Privacy Policy explains what information of yours will be collected and used by Tangible Play, Inc. (“Tangible Play,” “we,” “us,” or “our”) when you access our website located at https://playosmo.com as well as all related websites (together, the “Website”), the mobile applications available on iTunes provided by us (the “Apps”), and other services (collectively, together with the Website and the Apps, our “Service”). We will not use or share your information with anyone except as described in this Privacy Policy. Each time you use our Service you are accepting the practices described in this Privacy Policy at that time.

The Osmo Website is provided for use in managing our Apps, which are available on iTunes and downloadable to your iOS or Amazon Fire Tablet device. The Website is intended for adults only and does not allow game play.

The Apps downloaded to your iOS or Amazon Fire Tablet device all allow game play (the “Osmo Play Experience”) and are intended for families and users of all ages.

Please read this policy in its entirety, including our Children’s Privacy Policy section, before using our Services. The Children’s Privacy Policy will control over any conflicting provisions in our general Privacy Policy as it concerns children’s data.

Important Information For European Users

If you are an individual in the European Union (EU) or an EU citizen, we collect and process data about you only where we have legal bases for doing so under applicable EU laws. This means we collect and process your data only when:

  • It is necessary for a legitimate interest (which is not overridden by your individual privacy interests), such as preventing fraud, improving the Service, and increasing the security of the Service and network infrastructure;
  • You have consented to this collection and processing for a specific purpose;
  • It is necessary to fulfill our contractual obligations; or
  • It is necessary to comply with a legal obligation.

Where we rely on your consent to process your personal data, you have the right to withdraw or decline consent at any time. If you wish to withdraw your consent, please contact us using the information in the Contact for Individual Rights Requests section. Some examples of our legitimate interests and the data being processed include:

  • Network and information security (password, IP address, Device ID)
  • Customer Support and fraud prevention (name, email address)
  • Improving our products and services (hardware information, activity logs)

Where we rely on our legitimate interests to process your personal data, you have the right to object. More information on exercising this right can be found in the Individual Rights section below.

If you are located in the European Union, you can contact Tangible Play’s Data Protection Officer at [email protected]. If you wish to raise a concern about our use of your information (and without prejudice to any other rights you may have), you have the right to do so with your local supervisory authority.

Important Information for California Users

If you are a California resident, you have rights under the California Consumer Privacy Act (“CCPA”). This section of our privacy policy is designed to summarize those rights and provide you with the ability to enforce them. “Personal Information” as used in this Section is defined in CCPA Section 1798.140(o)(1). Your CCPA rights include:

In addition, you have the right to make requests from us regarding your Personal Information. These CCPA rights include:

  • The right to disclosure of the Personal Information that we have collected from you. If, beyond the categories set forth in this Privacy Policy, you would like more to learn more specifically what Personal Information we have requested from you, we will provide that to you upon request. See also, Sections 1, 3, 4 and 5 of the Individual Rights section below regarding this right.
  • The right to have your Personal Information deleted, which will be honored upon your request. See also, Sections 2, 3, 4 and 5 of the Individual Rights section below regarding this right.
  • The right to non-discrimination in the application of the CCPA.

If you are aged 16 years or younger, please refer to Section II of this Privacy Policy.

If you would like to make a request regarding your rights under the CCPA, you can contact us by email at [email protected] or by sending us a letter at

Tangible Play

195 Page Mill, #105
Palo Alto, CA 94306
USA

Further inquires can be made by calling us at +1 866-545-7011.

Additionally, we comply with California SB 1177 and do not:

  • Engage in targeted advertising towards K-12 students based upon any information that we have acquired because of such student’s use of the Service.
  • Use information gathered by our Service to amass a profile of any K-12 students.
  • Sell K-12 students’ information.
  • Disclose information about a K-12 student, except as required by law or as described in this Privacy Policy.

Governing Law - Visitors Residing Outside the United States

If you are neither a California or EU resident, you may have other privacy or data rights passed by the law of your jurisdiction, and you should contact us by email at [email protected] to inform us of where you are a resident and inquire about those rights.

This Privacy Policy and the privacy practices of our Service are governed solely under the laws of the State of California (in the United States of America), without regard to its conflict of law principles.

Those who use our Service and reside outside the United States are responsible for compliance with local laws. If you reside outside of the United States, by using our Service, you consent to the collection, transfer, storage, processing and use of your personal information in the United States of America in accordance with this Privacy Policy.

Data Collected From Our Website

The Website is intended for adults, teachers, and parents to allow them to manage the Osmo Play Experience and gives adults the ability to deliver additional content to the Osmo Play Experience. This Website does not provide access to the Osmo Play Experience and does not contain content intended for online Website play.

Information We Collect

Personal Information You Provide

You may provide and we may collect Personal Information about you through our Website when you visit or order from our Website, such as your email address, physical address, phone number or credit card information. Other information you may affirmatively provide to us is generally maintained along with Personal Information. You can choose not to provide any information that is affirmatively requested of you. However, this may limit your ability to use the Website.

User-generated content that you create on the Service may include Personal Information.

In addition to collecting information on the Website, we may collect information from you when you communicate with us over the phone or via email. This information may include Personal Information. This information may be matched with and stored in connection with Personal Information provided or collected in connection with the Website.

Information Collected Automatically

We collect log file information that is automatically reported by your browser each time you access a web page on our Website. When you access the Website, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, browser type, referring/exit pages and URLs, number of clicks, domain names, landing pages, pages viewed, and other similar information which constitutes Personal Information.

We may use mobile analytics software and various backend systems to analyze certain information regarding your use of the Website such as email address, page views, advertisements clicked on, and transaction-related information that constitutes Personal Information.

In general, we will store Website tracking information in an anonymous aggregated form; however, our third-party tracking partners may store certain information, such as pageviews, in a manner that can be associated to specific users and constitutes Personal Information.

We do not use cookies to collect personal information about you; however, we do use persistent and session cookies. A persistent cookie remains on your hard drive after you close your browser and may be used by your browser on subsequent visits to the Website. Persistent cookies can be removed by following your web browser’s directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. Your browsing information constitutes Personal Information.

We do not collect information about your location from your mobile device, but we do log your IP address, which can be used to approximate location and constitutes Personal Information. We use IP addresses only for activities necessary to maintain or analyze the Service; perform network communications; authenticate users or personalize content; protect the security or integrity of the user and the Service; ensure legal or regulatory compliance; or fulfill a request of a user.

How We Use Your Information

Purposes

We may use information we collect for a variety of purposes, including:

  • To operate the Service, monitor the effectiveness of the Service, improve the content of the Service, and improve layout and design.
  • To help provide you with a smooth, efficient user experience.
  • To monitor, analyze, and describe usage patterns and performance of the Service, including aggregate metrics such as total number of visitors, traffic, and demographic patterns.
  • To conduct system administration and system troubleshooting and to diagnose or fix technology problems.
  • To comply with legal requirements and processes (for example, in response to subpoenas, court orders, and law enforcement or governmental requests or investigations), and to protect our legal rights or the rights of others (for example, by working to reduce the risk of fraud or misuse of the Service).
  • To enforce our Terms of Use or other policies or agreements.
  • With respect to information collected through the Website described in the Information Collected Automatically section above, to assist in marketing efforts, including, for example, by tailoring and serving advertisements, and by tracking the effectiveness of marketing efforts.
  • In connection with an unusual business transaction, such as the bankruptcy or liquidation of, sale of, purchase of, or merger with our business or another business.

Data Retention

We will retain your information for as long as is reasonably necessary in relation to the purposes for which this data was collected. In many instances, we will retain your data while it is necessary for your use of the Service, which may include maintaining this information beyond when you cease using the Service.

For instance, Tangible Play may retain users’ data for the following purposes:

  • To develop new features and improve the Service;
  • To support subsequent customer service inquiries;
  • To improve the safety and security of the Service; or
  • Comply with our legal obligations.

How We Share Your Information

Personal Information

Tangible Play will not rent or sell your Personal Information to others, nor will we share your Personal Information with independent third parties for marketing purposes. To operate the Service, however, we may share your Personal Information with our agents, representatives, and contractors so they can provide us with support services and other features. Generally, we limit the information provided to these service providers to that which is reasonably necessary for them to perform their functions, and we require them to agree to maintain the confidentiality of such information.

Below are categories of recipients of your personal data and some examples of the third-parties in that category. If you would like more information on any of these categories or specific recipients, please contact us at [email protected]:

Non-Personally Identifiable Information

We may share non-personally identifiable information (such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with interested third parties for various purposes, including (i) compliance with various reporting obligations; (ii) for business or marketing purposes; or (iii) to assist such parties in understanding our users’ interests, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and/or functionality available through the Website.

Instances Where We are Required to Share Your Personal Information

Tangible Play will disclose your Personal Information where required to do so by law or subpoena or if we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of law enforcement; (b) to enforce our Terms of Use or to protect the security or integrity of our Service; and/or (c) to exercise or protect the rights, property, or personal safety of Tangible Play, our users or others. It is our policy to provide notice to our users before producing their Personal Information in response to law enforcement requests unless (i) we are prohibited by law or court order from doing so, (ii) we have reason to believe the user’s account has been compromised such that the notice would go to the wrong person, or notice would otherwise be counterproductive or would create a risk to safety, or (iii) it is an emergency request and prior notice would be impractical (in which case we may provide notice after the fact).

What happens in the event of a change of control

We may buy or sell/divest/transfer the company (including any shares in the company), or any combination of our products, services, assets and/or businesses. Your Personal Information, such as email addresses, and other user information related to the Service, may be among the items sold or otherwise transferred in these types of transactions. We may also sell, assign or otherwise transfer such Personal Information in the course of corporate divestitures, mergers, acquisitions, bankruptcies, dissolutions, reorganizations, liquidations, similar transactions or proceedings involving all or a portion of the company.

Processing Personal Data

Lawful Bases for Processing Personal Data

If you are an individual in the European Union (EU) or an EU citizen, we collect and process data about you only where we have legal bases for doing so under applicable EU laws. This means we collect and process your data only when:

  • It is necessary for a legitimate interest (which is not overridden by your individual privacy interests), such as preventing fraud, improving the Service, and increasing the security of the Service and network infrastructure;
  • You have consented to this collection and processing for a specific purpose;
  • It is necessary to fulfil our contractual obligations; or
  • It is necessary to comply with a legal obligation.

Where we rely on your consent to process your personal data, you have the right to withdraw or decline consent at any time. If you wish to withdraw your consent, please contact us using the information in the Contact for Individual Rights Requests section. Some examples of our legitimate interests and the data being processed include:

  • Network and information security (password, IP address, Device ID)
  • Customer Support and fraud prevention (name, email address)
  • Improving our products and services (hardware information, activity logs)

Where we rely on our legitimate interests to process your personal data, you have the right to object. More information on exercising this right can be found in the Individual Rights section below.

If you have any questions about or need further information concerning the legal basis on which we collect and use your personal data, please contact us at [email protected].

Transfers, Storage, and Processing - Important Information for Users Outside the U.S.

We primarily store data about you, including personal information, on servers located and operated within the United States. If you reside outside of the United States, in order to provide and operate the Service, we may send and store your personal information (also commonly referred to as personal data) outside of the country where you reside or are located, to the United States. Therefore, our collection and use of your personal information is subject to the United States’ laws related to privacy and use of personal data and information.

These laws may be less protective than those applicable to you in your country of residence. By accepting the terms of this privacy policy, you acknowledge, agree and consent to (1) the transfer to and processing of personal information on servers located outside of the country where you reside, (2) our collection and use of your personal information as described herein and in accordance with the laws of the United States that may be different and may be less protective than those in your country and (3) that you are taking a risk by using the service.

Whenever we share personal information originating in the EU with an entity outside of the EU, we will do so on the basis of the EU standard contractual clauses.

Your Choices About Your Information

You may, of course, decline to share certain personal information with us, in which case we may not be able to provide to you some of the features and functionality of the Service. You may update, correct, or delete your profile information and preferences at any time by accessing your account preferences page on the Website or contacting us at [email protected]. Please note that while any changes you make will be reflected in active user databases instantly or within a reasonable period of time, we may retain all information you submit for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so. To update, correct, or delete any other personal information, please see the Individual Rights section below for more information.

If you receive promotional email from us, you may unsubscribe at any time by following the instructions contained within the email. You may also opt-out from receiving promotional email from us, and any other promotional communications that we may send to you from time to time, by using the account management tools on our website at https://my.playosmo.com or sending your request to us by email at [email protected].

Please be aware that if you opt-out of receiving promotional email from us or otherwise modify the nature or frequency of promotional communications you receive from us, it may take up to ten business days for us to process your request, and you may receive promotional communications from us that you have opted-out from during that period. Additionally, even after you opt-out from receiving promotional messages from us, you will continue to receive administrative messages from us regarding the Service.

Individual Rights

Tangible Play also makes certain choices available to you when it comes to your personal data. Please review the below information outlining your choices and how to exercise them. We will respond to all requests within a reasonable timeframe.

Review and Update Your Data

You have the right to access and update any personal data that we have collected. Some personal data, such as the account holder’s name and email address can be found and updated using the account management tools on our website at https://my.playosmo.com. For any personal data beyond this, please submit a request using the contact information at the end of this section. We may request more information to confirm your identity before modifying any personal data.

Delete Your Data

You also have the right to have your personal data deleted. This is sometimes known as the ‘right to be forgotten’. To request that we delete all personal data about you, please submit a request using the contact information at the end of this section. We may request more information to confirm your identity before deleting any personal data.

Using the “Delete Account” function on https://my.playosmo.com WILL NOT automatically remove all of your personal data from our system. You must submit a request using the below information if you wish to delete all personal data from our system.

After you delete your personal data from our services, we may not immediately delete residual copies from our active servers and may not immediately remove data from our backup systems, for archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so. We may also decline to honor this request in certain specific situations, such as if the data is necessary to comply with a legal obligation or to exercise/defend a legal claim.

Restrict Processing

You have the right to restrict how we process your personal data in certain circumstances. In some ways, this is an alternative to requesting the erasure of your data. Rather than requesting we erase all of your personal data, you may request that we limit our uses of your personal data to specific purposes. You may wish to request we restrict our processing if you contest the accuracy of your personal data and we are working to verify this information, or if you want us to retain your personal data in connection to a legal claim but cease processing it.

Data Portability

You have the right to obtain copies of your information in a structured, commonly used format that permits you to move your data between our service and the services of others. We may request more information to confirm your identity before providing any personal data.

Right to Object

You have the right to object to the processing of your personal data for direct marketing purposes or when our processing of your data is based on legitimate interests. You may request that we stop processing your personal data for direct marketing purposes. This is an absolute right and we cannot refuse this request. Beyond direct marketing, if you wish to exercise this right, you must give specific reasons why you object to our processing of your data, based on your particular situation. Even after receiving such a request, we may continue processing if it is necessary for the exercise/defense of a legal claim or if we can demonstrate a compelling legitimate ground for the processing.

If any request made under this section is manifestly unfounded or excessive, we may reject the request or require a reasonable fee to honor the request. If we decide to reject your request, we will inform you of the reasons for not taking action and provide information on other possible remedies. If we decide that a reasonable fee is necessary, we will promptly inform you and will comply with the request upon receipt of this fee.

Contact for Individual Rights Requests

Please use the below information when submitting a request to exercise any of the above rights. Please do not submit requests across multiple communications channels. We will make all efforts to respond to your request within a reasonable timeframe.

Email

[email protected]

Physical Mail

Tangible Play
195 Page Mill, #105
Palo Alto, CA 94306
USA

If you are located in the European Union, you can contact Osmo’s Data Protection Officer at [email protected]. If you wish to raise a concern about our use of your information (and without prejudice to any other rights you may have), you have the right to do so with your local supervisory authority.

Data Retention

Tangible Play may retain users’ data for the following purposes:

  • To develop new features and improve the Service;
  • To support subsequent customer service inquiries;
  • To improve the safety and security of the Service; or
  • Comply with our legal obligations.

We will retain your information for as long as is reasonably necessary in relation to the purposes for which this data was collected. In many instances, we will retain your data while it is necessary for your use of the Service, which may include maintaining this information beyond when you cease using the Service.

How We Protect Your Information - Security and Passwords

Tangible Play takes what it believes to be commercially reasonable physical, electronic, and procedural safeguards to protect Personal Information. However, since no security system is impenetrable and “perfect security” does not exist on the Internet, we cannot guarantee the security of Personal Information or Browsing Information.

If you create an account to use the Website, you may be asked to choose a password for your account, which can be used to access information associated with your account (including Personal Information). You should choose a password that is not easy to guess, and does not use words that you would find in a dictionary. Do not disclose your password to any other person. You are responsible for maintaining the confidentiality of your password and account, and we will attribute activities that occur using your account information (e.g., through the use of your password) to you. If you suspect that your password has been compromised, contact us immediately at [email protected].

Email and Recommendation Communications That We May Send

We may send you, or you may elect to sign up to receive, emails from us. To help us understand whether we are providing information of interest to you, we may include software code or other tracking technologies in our emails to monitor whether you opened a particular email, whether you have clicked on the images and/or links in the email, the date and time the message was opened, and whether your computer is capable of receiving HTML-based email. We endeavor to allow you to unsubscribe at any time from our email programs by clicking on the unsubscribe link at the bottom of any email message. We reserve the right to send you service announcements or similar administrative messages, without offering you the opportunity to opt out of receiving them.

We may send you communications within an App regarding recommendations for other Tangible Play Apps. You may opt out of such communications by visiting your account at https://my.playosmo.com/, then visiting Profiles, then selecting Games, and finally choosing “Disable Recommended Games” within the Recommendations section. We reserve the right to send you service announcements or similar administrative messages within an App, without offering you the opportunity to opt out of receiving them.

Compromise of Personal Information

In the event that Personal Information is compromised as a result of a breach of security, Tangible Play will promptly notify those persons whose Personal Information has been compromised, in accordance with the notification procedures set forth in this Privacy Policy, or as otherwise required by applicable law. In the event that we or our Service suffers a data security breach that requires us to provide you with notice, such as under applicable law, you consent to allow us to provide you with such notice by sending an email to the primary email address that is associated with your account.

Notification Procedures

It is our policy to provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on the Service, as determined by Tangible Play in its sole discretion. We reserve the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in this Privacy Policy.

Links To Third-Party Content

The Website may contain features or links to websites and services provided by third parties. Any information you provide on third-party websites or services is provided directly to the operators of such services and is subject to those operators’ policies, if any, governing privacy and security, even if accessed through the Website. We are not responsible for the content or privacy and security practices and policies of third-party websites or services to which links or access are provided through the Website. We encourage you to learn about third parties’ privacy and security policies before providing them with information.

Children’s Privacy Policy

Protecting the privacy of children is especially important. The Website is not intended for children, does not market to children, and does not knowingly collect personal information from children. All references to “children” or “child” in this Children’s Privacy Policy shall mean children under 16 years of age, and all references to the term “parent” shall include legal guardians.

Tangible Play makes commercially reasonable efforts to ensure its Apps and the Osmo Play Experience comply with the Children’s Online Privacy Protection Act (“COPPA”). While inside the Osmo Play Experience, all play is locally stored, and no Personal Information is collected or solicited from a child user. The Osmo Play Experience contains no external links to third-party websites or services.

The Osmo Play Experience is available by downloading one or all of our Apps to your iOS or Amazon Fire device. The Osmo Play Experience is directed at users of all ages, including children. We encourage parents and teachers to supervise their child or student’s use of the Apps and supervise the overall Osmo Play Experience. Simply downloading any Osmo App to your iOS or Amazon Fire device does not trigger the collection of any personally identifiable information. We collect only a unique device identifier (a 40-character long mathematical code, called a “hex value”). This device identifier only allows Tangible Play to send necessary administrative updates to your tablet (such as software updates and administrative messages). No Personal Information is collected by Osmo through the App download process or during the Osmo Play Experience. We may collect analytics data (which does not contain Personal Information) from your use of the Service in order to offer and develop the Service, and we may collect information such as age and nickname from you as part of your use of the Apps and the Service and the creation of your user profile.

Certain features within our Apps, that are outside the Osmo Play Experience, (such as the email sharing feature within Masterpiece for Osmo) may allow children users to input Personal Information such as a friend’s email address, or may otherwise process or record a child’s activities within the app, such as the pattern of their drawing or other creations. In addition, users may request that drawings, word albums, and other user creations (together, the “User Creations”) made in our Apps be shared to the broader community of users via the myOsmo section on our Website. These features are designed so that no Personal Information is uploaded back to or stored on our web servers unless consented to by the parent or teacher account holder, or in such a manner that is otherwise exempt from or compliant with COPPA. We review all User Creation submissions to ensure no obvious Personal Information is included before any User Creations are made available publicly.

If the Service is being used by a school and/or teacher (the “Educational Institution”) with students that are under 16 years of age, such Educational Institution agrees that it has reviewed our Terms of Use and our Privacy Policy. Tangible Play only requests Personal Information from parents and/or teachers and we will never knowingly solicit, nor will we accept, Personal Information from users known to be under 16 years of age. We collect only the minimum amount of information needed about students from teachers, and any such information is used only in connection with the Educational Institution’s use of the Osmo Play Experience.

If you are under 16 years of age, then please do not use or access the Website at any time or in any manner. If we learn that personally identifiable information has been provided to us and/or collected on the Website from persons under 16 years of age and without verifiable parental consent, such as through a support request, we take the appropriate steps to delete or hash this information in a secure manner. If you are a parent and discover that your child under 16 years of age has obtained an account on the Website, then you may alert us at [email protected] and request that we delete that child’s personally identifiable information from our systems. A parent or teacher can visit his or her account online at any time to delete any information and/or the account.

Osmo Apps – including Words, Tangram, Newton, Masterpiece, Numbers, Hot Wheels™ MindRacers, Monster, Pizza Co., Coding Awbie, and Coding Jam, SuperStudio, ABC - are certified by the kidSAFE Seal Program. The kidSAFE Seal Program is an independent safety certification service and seal-of-approval program designed exclusively for children-friendly websites and technologies, including kid-targeted game sites, educational services, virtual worlds, social networks, mobile apps, tablet devices, and other similar interactive services and technologies. Click on the seal or go to www.kidsafeseal.com for more information.

General

Updates to Our Privacy Policy

We reserve the right to update this Privacy Policy from time to time. When we do, we will revise the “Effective Date” at the top of this Privacy Policy. We encourage you to check this page periodically for any updates. If you continue to use of the Service following the posting of an updated version of this Privacy Policy, we will treat your continued use as acceptance of the updated version.

If we make material changes to this Privacy Policy, we may notify you more prominently. If we affect the way we handle Personal Information collected from children users (if applicable), we will first notify and obtain verifiable consent of a parent or legal guardian.

Contacting Us

If you have any remaining questions about how we treat your privacy, just let us know. You can contact us by email at [email protected].

You may also contact us below:

Tangible Play
195 Page Mill Road, #105, Palo Alto, CA 94306, USA.
Phone: +1 866-545-7011

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