Privacy Policy

Tangible Play, Inc.

Effective Date: July 14, 2017

PRIVACY POLICY

This Privacy Policy explains what information of yours will be collected by Tangible Play, Inc. (“Tangible Play,” “we,” “us,” or “our”) when you access our website (specifically referred to as the “Website”), software, applications or related services (collectively, the “Service”) and how the information will be used. 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.

This policy also contains information about our practices regarding usage of our apps with children in the Children’s Privacy section below.

IMPORTANT INFORMATION FOR USERS OUTSIDE OF THE U.S. – TRANSFER OF DATA

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, INCLUDING WHAT IS DETERMINED TO BE “PERSONAL DATA AND/OR INFORMATION,” ARE DIFFERENT AND 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.

Definitions

This Privacy Policy uses certain capitalized terms that have particular meanings. Sometimes, those terms are defined when they are first used. In addition, and for ease of reference, the following terms are defined in this section:

  • App” means the Tangible Play iPad and/or iPhone software application.
  • Usage Information” means information about your usage in the Apps.
  • Browsing Information” means information about your use of the Website, or your computer’s (or other access device, such as an iPad or smartphone) interaction with the Website. Browsing Information also includes certain of the information described in the “Information Collected Automatically” section below. In general, Tangible Play does not use Browsing Information to identify you, but such information may be paired with Personal Information, or with other information that together, could be used to identify you. Additionally, third parties, such as analytics companies and advertising service providers may access, collect, store, and use Browsing Information, and they may use it to identify you.
  • Personal Information” means information that directly identifies you, or that can directly identify you, such as your shipping and/or billing address, e-mail address, phone number, and/or credit card information.

INFORMATION WE COLLECT

Personal Information We Affirmatively Collect From You

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 Service.

User-generated content in the Service may include Personal Information.

In addition to collecting information on the Service, we may collect information from you when you communicate with us over the phone or via e-mail. 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 Service.

Information Collected Automatically

Log file information is automatically reported by your browser each time you access a web page on our Website. When you access the Service, 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.

We may use mobile analytics software and various backend systems to analyze certain information regarding your use of the Website such as email address, pageviews, advertisements clicked on, and transaction related information.

We may use mobile analytics software and various backend systems to analyze certain information regarding your use of the App. The Usage Information is however not used for any in-App marketing nor do we direct any paid advertising to children using the apps.

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

We do not use cookies to collect personal information about you. A persistent cookie remains on your hard drive after you close your browser. Persistent cookies 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.

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. 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

We use or may use Personal Information and Browsing Information for a variety of purposes, including:

  • To operate the Service, monitor the effectiveness of the Service, to improve the content of the Service, and 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 process (for example, in response to subpoenas, court orders, and law enforcement or governmental requests or investigations), 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.
  • 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.

HOW WE SHARE YOUR INFORMATION

Personally Identifiable 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. We require these third parties not to use your Personal Information for any other purpose. We may store Personal Information in locations outside the direct control of Tangible Play (for instance, on servers or databases co-located with hosting providers).

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 to help them understand the usage patterns for our Service. Non-personally identifiable information may be stored indefinitely.

Instances where we are required to share your information: Tangible Play will disclose your 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 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 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 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.

INFORMATION THAT YOU SHARE

The Service lets you share information with others. Remember that when you share information publicly, it may be indexable by search engines, including Google, Bing and other search engines.

Users may request that drawings, word albums and other user creations made n our Apps be shared to the broader community of users via the myOsmo section on our Website. We review all submissions to ensure no obvious personal information is included in these before any of this material is made available publicly.

STORAGE AND PROCESSING

Your information collected through the Service may be stored and processed in the United States or any other country in which Tangible Play or its subsidiaries, affiliates or service providers maintain facilities. Tangible Play may transfer information that we collect about you, including personal information, to affiliated entities, or to other third parties across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to the transfer of information to the U.S. or any other country in which Tangible Play or its parent, subsidiaries, affiliates or service providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy.

DATA STORAGE AND PROCESSING BY THIRD PARTIES

Your information collected through the service may be stored on third party services. We currently utilize Google Cloud (Cloud SQL, Datastore, Google Cloud Storage). More information about the Google Cloud data retention policies can be found on their trust page: https://gsuite.google.com/faq/security/.

YOUR CHOICES ABOUT YOUR INFORMATION

The Website allows you to review, correct or delete your Personal Information such as email, shipping information and notification preferences via the Account Information section on our Website. Additional information and data that we collect from you during your use of the Service, in particular Usage Information, may not be available for review, corrections or deletions.

Parents have the right to review or have deleted any personal information collected from their child that is retained by us and to refuse to permit further collection or use of their child's personal information. We do not intentionally collect any personal information from children. If you believe we may have personal information of your child stored inadvertently, please email us at privacy@playosmo.com.

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 via Google to use the Service, 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 privacy@playosmo.com. In creating a Google account to use the Service, you agree to be bound by Google’s Privacy Policy found at https://www.google.com/intl/en-GB/policies/privacy/.

EMAIL 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.

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 e-mail to the primary e-mail 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.

CHILDREN’S PRIVACY

While our Products (as defined in our Terms of Use) are aimed to be used by children of varying ages, certain features of our Service (including the Website and any Accounts, as each is defined in our Terms of Use) are intended to be used only by parents, legal guardians and/or teachers over the age of 18. If the Service is being used by a school and/or teacher (the “Educational Institution”) with students that are under 13 years of age and such Educational Institution provides us with personally identifiable information about its students in order to create user profiles for each of its students, such Educational Institution must first obtain written consent from each student’s parent and/or legal guardian to submit such personally identifiable information to us and use such personally identifiable information in the Service. Tangible Play only requests personally identifiable information from parents, legal guardians and/or teachers and we will never knowingly solicit, nor will we accept, personally identifiable information from users known to be under 13 years of age. If you are under 13, please do not send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 is allowed to access or use the website or to provide any personal information to Tangible Play. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will use commercially reasonable efforts to delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at privacy@playosmo.com.

Certain features within our apps (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. 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 the Children’s Online Privacy Protection Act. To learn more about COPPA, please consult this simple one-page informational guide from the kidSAFE Seal Program: www.kidsafeseal.com/knowaboutcoppa.html.

Osmo apps – Words, Tangram, Newton, Masterpiece, Numbers and Coding - 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.

LINKS TO OTHER WEB SITES

We do not share any information with third parties except as provided herein. We do provide links on our Website to third party websites or services (“Other Services”), but we do not share any Personal Information with such Other Services. We are not responsible for the practices employed by Other Services, including the information or content contained therein. Please remember that when you use a link to go from the Service to an Other Service, our Privacy Policy does not apply to third-party websites or services. Your browsing and interaction on any third-party website or service, including those that have a link or advertisement on our website, are subject to that third party’s own rules and policies. We encourage our users to be to familiarize themselves with the privacy statements of all websites that they visit and interact with.

CALIFORNIA PRIVACY RIGHTS

Users who are California residents may request and obtain from us once a year, free of charge, certain information about the personally identifiable information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If, and when, applicable, this information would include a list of the categories of personally identifiable information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to privacy@playosmo.com. As noted above, we do not share your Personal Information with independent third party companies for their marketing purposes.

Additionally, we comply with California SB 1177, and do not (a) 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, (b) use information gathered by our Service to amass of profile about any K-12 students, (c) sell K-12 student’s information, or (d) 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

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.

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 writing to us at privacy@playosmo.com.

You may also contact us below:

Tangible Play, 195 Page Mill, #105, Palo Alto, CA 94306, USA. Phone: +1 408-676-6411