2 TYPES OF INFORMATION WE COLLECT
We may collect different categories of information from you, either personal or non-personal information, as defined below and depending on the nature of your interaction with the Application, all as detailed below.
Non-personal information is information that may be made available or gathered through your use of the Application and may include your aggregated usage information and technical information transmitted by your device, including certain software and hardware information such as: device brand, screen size, type of operating system, type of device, language preference, the time and date you access our Application, your actions within our Application (e.g., registration, pages viewed, etc.), the URLs from which you were directed to our Application, search queries within our Application, etc., and approximate geo-location (country). To clarify, based on this type of information we are not aware of your identity.
Personal information is individually identifiable information, namely information that identifies an individual or mat with reasonable effort identifies an individual. Personal information includes information voluntarily provided by you as well as certain identifiers, such as internet protocol (hereinafter referred to as »IP«) address.
You are not required by law to provide us with certain personal information. You can always refuse to provide certain personal information, however you acknowledge that such refusal may prevent you from engaging in certain activities within the Application.
In the event we combine personal information with non-personal information, the combined information will be treated as personal information for as long as it remains combined.
The table below details the information we collect, why and how we use it:
|Type of information||How we use it|
|To use the application and related activities, you as a parent will be required to sign up for a subscription through your app store account.||We will use this information for the purpose of performing our contract with the parent, and provide access to requested activities within the Application.|
|To create the child(s) »profile« you as a parent will be requested to provide your child’s gender, first name and birth month and year.||We will use such information to personalize the child’s experience, including providing direct access to content that we find to be appropriate and relevant for the child, based on the child’s age and screener report. Gender and name is to make the experience more personal.|
|If you contact us for support or other inquiries or if you leave a comment through any means of communication available you will be required to provide us with a valid email address and you may provide us with your name.||We will use this information solely for the purpose of responding to your inquiries directly on a one-time basis and providing you with the support you have requested.|
|If you voluntarily subscribe to our newsletter you will be asked to provide us with a valid email address. You can unsubscribe at any time using the unsubscribe option within the body of the newsletter or by contacting customer support at firstname.lastname@example.org.||We will use the email address in order to send the information related to our Application and to keep you up to date regarding new products, related news, updates, etc.|
|Identifiers||We collect, use and share identifiers solely for the purpose of providing support for the internal operations and/or in compliance with COPPA regulations.|
|Approximate GEO location data.||We will use this information solely to determine the user’s country to provide applicable content.|
|Prior to the Application installation process, you will be requested to provide access permission to your device’s camera, storage, phone use and microphone use.||Access is required to use certain features of the Application such as to enable the child to use the camera through the Application and to use face detection feature or voice detection feature. WE WILL NOT SAVE NOR COLLECT ANY VOICE RECORDS OR ANY PHOTOS STORED ON THE DEVICE.|
|Prior to the Application installation process, you will be requested to provide permission to access the list of applications installed on your device.||We will use this information solely for the purpose of recommending content you do not already have.|
|Payment details – the use of some features of our Application will require payment.||We do not collect your payment details. Please note that payments for subscriptions are subject to the payment terms and conditions of the third party payment processor (e.g. Stripe) or mobile platform (e.g. iOS Platform, Android Platform, etc.) from which you make your purchase. Blub Blub does not control or manage the payment process. Please review the relevant terms and conditions of the applicable third party payment processor or platform provider before signing up for any subscriptions as they will collect, use and process your information, including payment information, in accordance with their privacy policies.|
|We also collect certain technical non-personal information that relates to your use of the Application, the amount of time you spent viewing certain portions of the Application, etc.||We use this technical non-personal information for the purpose of: (i) our legitimate interests of operating, providing, maintaining, protecting, managing, customizing and improving our Application and the way in which we offer them; (ii) enhancing the experience with the Application; (iii) our legitimate interests of auditing and tracking usage statistics and traffic flow, and detecting fraud, security or technical issues in connection with the Application; (iv) perform research, for analytical and statistical purposes, to improve our Application.|
In case we need to collect additional personal information other than the personal information mentioned above, we will send a parent an applicable request and obtain consent prior to the collection, if required under applicable law.
We may use data in an aggregated, non-specific format for analytical purposes. This information is anonymous and will not be linked to any personal information. We may share such statistical information with our partners, without restrictions.
Apple’s Truedepth API
Speech Blubs uses the device’s TrueDepth camera system to track the movement of your eyes and mouth. This allows for a unique user experience — a game you can play with your face. In order for this functionality to be possible, the app requires access to your device’s camera. This access can be toggled on or off at any time in your device’s settings.
The camera images and resulting depth data are only used for gameplay purposes. The live video feed is never used, and its data is never stored locally or remotely. Camera access is required to get depth data from Apple’s API’s.
This data is stored on the device only for the duration of your current game session. Every time the home screen is presented or the app is closed, the data is deleted. This data is used to make your gameplay experience more enjoyable and prevent accidental jumps.
Face data is never stored remotely, given to third parties, or used for any non-gameplay purposes. The face data only remains on your device, and never leaves your device at any time.
3 HOW WE COLLECT INFORMATION
Depending on the nature of your interaction with the Application, we may collect information as follows: (i) automatically – Blub Blub collects information automatically transmitted from the device; (ii) provided by you voluntarily – meaning, if and when you choose to provide us with information such as through a registration process, newsletter registration, contact us communications, etc.
4 DISCLOSURE OF INFORMATION
WE DO NOT DISCLOSE, SHARE, SELL, RENT OR OTHERWISE DISTRIBUTE ANY OF YOUR OR YOUR’S CHILD PERSONAL INFORMATION WITH OR TO ANY INDEPENDENT THIRD PARTIES, unless as specified herein:
- Authorized Disclosures – we may disclose personal information to third parties when you consent to a particular disclosure. Please note that once we share your information with another third party, that information becomes subject to the other third party’s privacy practices.
- Law Enforcement related disclosure – we may be required to share information (including personal information) collected if the information is required by law to prevent, investigate, or take action regarding illegal activities, situations involving potential threats to physical safety, rights, property or of any person, suspected fraud and violations of our terms and agreements and in response to legal process, court orders, subpoenas, or to establish or exercise our legal rights.
- Business Partners, Service Providers, Affiliates, and Subcontractors – we may disclose information (including personal information) to our trusted affiliates, personnel, licensors, contractors, service providers, subcontractors and business partners who may use such information to help us provide you with the Application and related features. We authorize these third-party service providers to use personal information only for the purpose of providing the specific services.
- Identifiers – we may share identifiers for the purpose of operating our business and providing the Application, meaning to detect fraud, security or technical issues in connection with the Application.
5 DATA RETENTION
We retain this collected information as long as it remains necessary for the purposes set forth above, all in accordance with applicable laws, or until individuals express a preference to opt-out or delete their personal information. We may, at our sole discretion, delete or amend information from our systems, without notice, once we deem it is no longer needed for such purposes.
6 SURVEYS AND CONTESTS
From time to time we may conduct an e-mail survey or an online contest and collect classical personal information, demographic information, usage information and other materials that you voluntarily submit to us for the purposes of internal analysis, marketing and brand development. Participating in a survey or an online contest is completely voluntary. We will use the information to make our services more appealing to users. Collected information gathered via surveys shall be anonymized and aggregated. We may use your information gathered via contests for the purposes of performing the contest and to contact you as per such contest’s terms and conditions.
7 PROTECTION OF PERSONAL INFORMATION
8 THIRD PARTY SITES AND SERVICES
9 USERS FROM OUTSIDE THE UNITED STATES
Please see Section 10 below, titled “CCPA Rights (California Residents)” for additional information we provide for the benefit of residents of California, Section 11 below titled “Shine the Light Law (California Residents)” and Section 12 below titled “The EU General Data Protection Regulation (EEA Residents)” for additional information we provide for the benefit of residents of the EEA, Switzerland, and the UK.
10 CCPA RIGHTS (CALIFORNIA RESIDENTS)
If you are a California resident You can request access to or that we or delete your personal information at any time. Please note that, under certain circumstances, we have the right to impose a small fee for access and disclosure of your personal information where permitted under applicable law, which will be communicated to you. Certain information may be exempt from such requests under California law. For example, we may retain certain information for legal compliance and to secure our Services.
If you are a California resident seeking to exercise your CCPA rights, please email us at email@example.com.
11 SHINE THE LIGHT (CALIFORNIA RESIDENTS)
California’s “Shine the Light” law permits customers in California to request certain details about how certain types of their information are shared with third parties and, in some cases, affiliates, for those third parties’ and affiliates’ own direct marketing purposes. Under the law, we will provide California customers certain information upon request (“Right to access”) or permit California customers to opt out of this type of sharing (“Right to opt-out of the sale of your personal information”).
If you are a California resident and wish to obtain information about our compliance with this law, please contact us via firstname.lastname@example.org. We may request information from you to verify your identity. Please note that Blub Blub is not required to respond to requests made by means other than through the provided email address or mail address.
12 THE EU GENERAL DATA PROTECTION REGULATION (EEA RESIDENTS)
As of May 25, 2018, a new data privacy law known as the EU General Data Protection Regulation (the “GDPR”) will be in effect through the EEA, Switzerland, and the UK. The GDPR requires Blub Blub and those using our Application to provide users with certain information about the processing of their “Personal Data.” “Personal Data” is a term used under the GDPR that means, generally, data that identifies or can identify a particular unique user or device – for instance, names, addresses, cookie identifiers, Mobile IDs, precise location data, and biometric data.
To comply with the GDPR, we provide the below representations and information, which are specific to persons located in the EEA, Switzerland, or the UK and to the processing of personal data in the context of the activities of Blub Blub.
- Legal Grounds for Processing Personal Data
The GDPR requires us to tell you about the legal ground we are relying on to process any Personal Data about you. The legal grounds for us processing your Personal Data for the purposes set out in Section 2 above will typically be because:
- You provided your consent. In order to store and gain access to information stored on your device, we rely on your consent. We do so to fulfill our obligations under the ePrivacy Directive. We may choose to obtain consent in other cases as well, in which case we will adhere to applicable laws relating to such consent and its withdrawal;
- The processing is in our legitimate interest. In some cases, we rely on legitimate interest as a legal basis for processing Personal Data, in order to provide our and/or other data controllers’ services. Such processing goes beyond the original collection of mobile IDs. A legitimate interest we rely on, for instance, is maintaining the security of our services, such as to detect fraud or to ensure that bugs are detected and fixed;
- Contractual relationships. Sometimes, we process certain data as necessary under a contractual relationship we have (such as our customer records and contact information);
- Legal obligations. Finally, some processing of data may be necessary for us to comply with our legal or regulatory obligations.
- Transfers of Personal Data
As Blub Blub works with global companies and technologies, we may need to transfer your Personal Data outside of the country from which it was originally provided. For instance, we may transfer your data to third parties that we work with who may be located in jurisdictions outside of the EEA, Switzerland, or the UK, and which have no data protection laws or laws that are less strict in comparison to those in Europe.
When we transfer Personal Data outside of the EEA, Switzerland, or the UK, we take steps to ensure appropriate safeguards are in place to protect your Personal Data. Please contact us at the contact information below for more information about the safeguards we have put in place to protect your Personal Data and privacy rights in these circumstances.
- Personal Data Retention
As a general matter, we retain your Personal Data for as long as necessary to provide our services, or for other important purposes such as complying with legal obligations, resolving disputes, and enforcing our agreements.
- Your Rights as a Data Subject
The GDPR provides you with certain rights in respect to Personal Data that data controllers hold about you, including certain rights to access Personal Data, to request correction of the Personal Data, to request to restrict or delete Personal Data, and to object to our processing of your Personal Data.
- Right to object. You have the right to object to the processing of your personal information that is processed on the grounds of legitimate interests. You are always free to opt out from the future collection of your personal information by us and our partners by uninstalling all the Applications from each of your devices.
- Right of access. You have a right to know what information we hold about you and in some cases to have the information communicated to you. If you wish to exercise this right please contact us by letting us know that you wish to exercise your right of access and what information in particular you would like to receive. We reserve the right to ask for reasonable evidence to verify your identity before we provide you with any information. Please note that we may not be able to provide all the information you ask for, for instance if the information includes personal information about another person. Where we are not able to provide you with information that you have asked for, we will explain to you why. We will try to respond to any request for a right of access as soon as possible, but we will always do so within 1 month of receipt of your request and verification of your identity.
- Right to correct personal information. We try to keep the information that we hold about you accurate and up to date. Should you realize that any of the information that we hold about you is incorrect, please contact us via email@example.com and we will correct it as soon as we can.
- Data deletion. You have a right to request deletion of the personal information that we hold about you. Should you wish to do that, please contact us firstname.lastname@example.org. We reserve the right to ask to provide us additional information to verify your identity before we can start processing your request. Once we receive all information we need in order to be able to identify you, we will delete your personal information you requested us to delete as soon as possible, but we will always do so within 1 month of receipt of your request and verification of your identity. Please note that we may still retain some or all of that information, for example for complying with our legal obligations and protecting or enforcing legal rights. We may also retain your information in an anonymised form.
- Data portability. In some circumstances, you have the right to request that we provide you with the personal information which you have provided to us, so you can transfer this information to another data controller. Should you wish to do that, please contact us via email@example.com.
- Restriction of processing. In some cases, you may have the right to request a restriction of the processing of your personal information.
- Right to file a complaint. You have the right to file a complaint against us. To do so, contact the supervisory authority in your country of residence.
13 LEI GERAL DE PROTEÇÃO DE DADOS (BRAZIL RESIDENTS)
The grounds on which we process your personal information
We can process your personal information solely if we have a legal basis for such processing. Legal bases are as follows:
- your consent to the relevant processing activities;
- compliance with a legal or regulatory obligation that lies with us;
- the carrying out of public policies provided in laws or regulations or based on contracts, agreements and similar legal instruments;
- studies conducted by research entities, preferably carried out on anonymized personal information;
- the carrying out of a contract and its preliminary procedures, in cases where you are a party to said contract;
- the exercising of our rights in judicial, administrative or arbitration procedures;
- protection or physical safety of yourself or a third party;
- the protection of health – in procedures carried out by health entities or professionals;
- our legitimate interests, provided that your fundamental rights and liberties do not prevail over such interests; and
- credit protection.
Categories of personal information processed
To find out what categories of your personal information are processed, you can read the section titled “Detailed information on the processing of Personal Data” within this document.
Why we process your personal information
Your Brazilian privacy rights, how to file a request and our response to your requests
Your Brazilian privacy rights
You have the right to:
- obtain confirmation of the existence of processing activities on your personal information;
- access to your personal information;
- have incomplete, inaccurate or outdated personal information rectified;
- obtain the anonymization, blocking or elimination of your unnecessary or excessive personal information, or of information that is not being processed in compliance with the LGPD;
- obtain information on the possibility to provide or deny your consent and the consequences thereof;
- obtain information about the third parties with whom we share your personal information;
- obtain, upon your express request, the portability of your personal information (except for anonymized information) to another service or product provider, provided that our commercial and industrial secrets are safeguarded;
- obtain the deletion of your personal information being processed if the processing was based upon your consent, unless one or more exceptions provided for in art. 16 of the LGPD apply;
- revoke your consent at any time;
- lodge a complaint related to your personal information with the ANPD (the National Data Protection Authority) or with consumer protection bodies;
- oppose a processing activity in cases where the processing is not carried out in compliance with the provisions of the law;
- request clear and adequate information regarding the criteria and procedures used for an automated decision; and
- request the review of decisions made solely on the basis of the automated processing of your personal information, which affect your interests. These include decisions to define your personal, professional, consumer and credit profile, or aspects of your personality.
You will never be discriminated against, or otherwise suffer any sort of detriment, if you exercise your rights.
How to file your request
How and when we will respond to your request
We will strive to promptly respond to your requests.
In any case, should it be impossible for us to do so, we’ll make sure to communicate to you the factual or legal reasons that prevent us from immediately, or otherwise ever, complying with your requests. In cases where we are not processing your personal information, we will indicate to you the physical or legal person to whom you should address your requests, if we are in the position to do so.
In the event that you file an access or personal information processing confirmation request, please make sure that you specify whether you’d like your personal information to be delivered in electronic or printed form.
You will also need to let us know whether you want us to answer your request immediately, in which case we will answer in a simplified fashion, or if you need a complete disclosure instead.
In the latter case, we’ll respond within 15 days from the time of your request, providing you with all the information on the origin of your personal information, confirmation on whether or not records exist, any criteria used for the processing and the purposes of the processing, while safeguarding our commercial and industrial secrets.
In the event that you file a rectification, deletion, anonymization or personal information blocking request, we will make sure to immediately communicate your request to other parties with whom we have shared your personal information in order to enable such third parties to also comply with your request – except in cases where such communication is proven impossible or involves disproportionate effort on our side.
Transfer of personal information outside of Brazil permitted by the law
We are allowed to transfer your personal information outside of the Brazilian territory in the following cases:
- when the transfer is necessary for international legal cooperation between public intelligence, investigation and prosecution bodies, according to the legal means provided by the international law;
- when the transfer is necessary to protect your life or physical security or those of a third party;
- when the transfer is authorized by the ANPD;
- when the transfer results from a commitment undertaken in an international cooperation agreement;
- when the transfer is necessary for the execution of a public policy or legal attribution of public service;
- when the transfer is necessary for compliance with a legal or regulatory obligation, the carrying out of a contract or preliminary procedures related to a contract, or the regular exercise of rights in judicial, administrative or arbitration procedures.
14 QUESTIONS OR COMPLAINTS
You can direct any questions or complaints about the use or disclosure of your personal information to us at firstname.lastname@example.org. We will investigate and attempt to resolve any complaints or disputes regarding the use or disclosure of personal information within 45 days of receiving your complaint.
16 CONTACT US
Blub Blub Inc.
3500 South DuPont Highway (Suite AT-101)
County of Kent
BLUB BLUB, INC., LAST UPDATE MAY 2020