Last Revised: September 4, 2018
1) Data We Collect. We collect Identity Data, Contact Data, Sensor Data, Mobile Data (together with Identity Data, Contact Data, and Sensor Data, “Personal Data”), and Toy Data, each as defined below.
a. Data You Provide to Us Upon Toy Configuration.
- Identity Data: Your age
- Contact Data: If you are over 13 (or such age as local law dictates), you may choose to provide your email address.
- Sensor Data: You may choose to use certain features of the Application that require access to the microphone, camera, or location data of your device.
b. Data Collected Automatically via Technology on our Services. The examples of Data given below are illustrative and subject to change in Sphero’s sole discretion.
- Mobile Data. If you download our Application, we may collect the type of mobile device and its software version.
- Toy Data. Using Bluetooth, the Toy may transmit Toy Data to the Application such as Toy identifier, when a Toy connects to an Application, date/time stamps, non-personal diagnostic data regarding how you use the Application, MAC Address or device identifier depending on the Toy, accelerometer data, crashes, and the like.
2) Use of Your Data. Subject to your Rights and Choices below, we use your Data as follows.
a. Identity Data. We use your Identity Data to comply with applicable privacy law. Specifically, we use your Identity Data to tell whether you are a child, as defined by local law. We may vary the parts of the Service available to you or the data collected about you based on your age to comply with applicable laws. For example, if according to your Identity Data, you are a “child” under applicable law, we do not collect Contact Data in the Application, and store your age as a binary value.
b. Contact Data. We use your Contact Data to provide support services if you contact us, and for promotional marketing if you have consented to receive such emails. For example:
- If you contact us through customer service or support, we will use your Contact Data to respond to your comments and questions, and to provide customer service.
- For non-child users, if you have chosen to provide your Contact Data within the Application, we may send you newsletters, surveys, offers, and other promotional materials related to our Services, and for other direct marketing purposes. We may share your Contact Data with a Service Company (defined below) for this purpose. We do this to promote our products and issue our direct marketing.
c. Sensor Data. We process this data on your device, not as part of an information society service. We will obtain consent in the Application before collecting this data, and you may cease collection of this data at any time by consulting your Application’s settings. However, some features of the Application or Toy may not function without the Sensor Data. We process this data to personalize your experience and to provide features in the Application. For example:
- We use Sensor Data from your microphone to enable the Scream Drive feature.
- We use Sensor Data from your camera for Face Drive™. We may ask for write permission to your phone’s memory, but do not collect camera data.
- We use Sensor Data from your location on Android Devices to enable Bluetooth functionality.
d. Mobile Data and Toy Data. We use the Toy Data and Mobile Data for our legitimate business interests in the improvement of our Application and Toys, and the creation of a personalized user experience, including in the following ways:
- to understand a user’s engagement in an activity or feature, for example which activities on the Toy the user played, time spent on pages, and data about any crashes during use, to Sphero’s servers, which may be hosted by a Service Company.
- to operate and improve our Application and Services, internal operations, and systems, along with the Service Companies;
- to improve the quality of experience when you interact with our Application and Services;
- understand you and your preferences to enhance your experience and enjoyment using our Services;
- to derive information about the demographics that use our Services; and
- to protect, investigate, and deter against fraudulent, unauthorized, or illegal activity.
The legitimate interests we rely on for this processing are:
- to create, provide, support, and maintain innovative Toys, Applications, and features that enable people, including children, to enjoy Toys and Applications that promote their well-being; and
- to secure our platform and network, investigate suspicious activity or violations of our terms or policies; and to protect the safety of Personal Data, including to prevent exploitation or other harms to which users may be particularly vulnerable.
a. Direct Marketing. We use Sailthru as an email list administrator. We share your Contact Data with them if you provide it to us.
4) Rights and Choices. You may exercise the below Rights and Choices by emailing Sphero’s Data Protection Officer at email@example.com with a copy to firstname.lastname@example.org. Our mailing address is Sphero, Inc., Attn: DPO, 4772 Walnut St., Suite 206, Boulder, CO 80301.
a. Access. You may receive a list of your Personal Data that we process to the extent required and permitted by law.
b. Rectification. You may correct any Personal Data that we hold about you to the extent required and permitted by law.
c. Erasure and Objection to Processing. To the extent required by applicable law, you may request that we delete your Personal Data from our systems. You can stop future collection of all Data by the Application by uninstalling it.
d. Data Export. To the extent required by applicable law, we will send you a copy of the Personal Data we hold from you in a common portable format of our choice.
e. Direct Marketing. Residents of California (and others as required by applicable law) may request a list of Personal Data we have disclosed about you to third parties for direct marketing purposes during the preceding calendar year. This request must be written, signed, and mailed to us, unless otherwise required by applicable law. You may cease direct marketing from us in relation to the Application by emailing email@example.com, or by clicking the unsubscribe link in any promotional email we send you.
f. Regulator Contact. You have the right to contact or file a complaint with regulators or supervisory authorities about our processing of Personal Data. To do so, please contact your local data protection or consumer protection authority