Privacy Policy

Creativity, Inc. Privacy Policy – August 2018

We at Creativity, Inc. respect your concerns about privacy.  This Privacy Policy (“Policy”) applies to Personal Data obtained by the Creativity, Inc. family of companies (including Creativity, Inc., and FunFare, LLC) through its websites (including creativityincorporated.com, funfarecreations.com, and creativitymediaservices.com), mobile apps (including DoReMi 1-2-3, Roklienz Rockout, Roklienz On Tour), and voice apps (including apps on Google Assistant and Amazon Alexa) (each a “Service” and collectively the “Services”).  “Personal Data” means any information relating to you in identified or identifiable form.  As used in this Policy, “we”, “us”, “our”, and the “Company” refers to all of the companies in the Creativity, Inc. family both individually and collectively. 

The Policy describes the types of Personal Data we obtain about our users, how we use the Personal Data and with whom we share it.  We also describe the measures we take to protect the security of Personal Data and how you can contact us about our privacy practices.

By using any of the Services, you consent to the terms of this Policy.

INFORMATION WE COLLECT

We collect information that you voluntarily provide to us.  For example, if you use our contact form then we obtain your name, email address and any other information you provide.  If you fill out and submit our Playtesting Form, then we obtain all of the information required by that form including your name, address, phone number and, if you provide it, your child’s name and birthdate.   Similarly, contests, promotions and other special events may require that you provide specific information to register or participate, such as your name, address, age and email address.  It is entirely your choice as to whether or not to provide this information.

For Services that require an account, we collect the user name and password you provide. 

We automatically collect certain standard information that your browser sends to every website you visit, such as your IP address, browser type, language, system type, whether you have enabling software to access certain website features, access times and referring website addresses. Websites visited before visiting the Company’s websites might place personal information within the URL of your browser during a visit to that website. The Company may unintentionally collect that information as part of the referring website information we collect.

We collect anonymized information regarding users’ use of our Services, including the number of sessions with a Service, the length of a session, the features being used, and the progress through the Service, such as the level reached in a game.

We collect anonymized information about the users of our voice app services.  This information is provided to us by the operator of the platform on which the Service is provided (e.g., Google for Services offered through Google Assistant).  This information includes whether a user has linked accounts with a third party service (but not the user’s account name or password for the third party service), the user’s geolocation when using the Service, and transcripts of user sessions.  Because we receive transcripts of user sessions, we collect any Personal Data you disclose during your session with the voice app.  For example, if you state your age during a session, then that statement will appear in the transcript.  

We also collect the same information described above as a service provider to third parties, such as when we design and operate an app for another company.  

INFORMATION WE COLLECT FROM CHILDREN

For those Services that are targeted to children under 13 years of age, we either do not intentionally collect any information that requires any level of parental consent under the Children’s Online Privacy Protection Act (COPPA), or receive Personal Data pursuant to parental consent granted to a third party platform operator (e.g., Amazon for voice app Services offered through Alexa).

COOKIES AND PIXEL TAGS

We do not use cookies, pixel tags or other tracking devices on our websites.

HOW WE USE INFORMATION

We may use the information collected from and about you to:

  • Provide our Services; 
  • Respond to inquiries from you and other third parties, including inquiries from law enforcement agencies in compliance with applicable law;
  • Communicate about and administer special events, promotions, programs, offers, surveys, contests and market research;
  • Operate, evaluate and improve our business (including developing, enhancing, analyzing and improving our existing and future Services; managing our communications; performing data analytics; and performing accounting, auditing and other internal functions);
  • Protect against, identify and prevent fraud and other unlawful activity, claims and other liabilities; and
  • Comply with and enforce applicable legal requirements, relevant industry standards, contractual obligations and our policies.

We also may use your Personal Data in other ways for which we provide specific notice at the time of collection and obtain your consent if required by applicable law.

HOW WE DISCLOSE AND SHARE INFORMATION

We disclose your information for certain purposes and to third parties as follows:

  • Related Companies: We share your information among the Creativity, family of companies as needed for: data processing and storage; providing you with access to our services; providing customer support; making decisions about service improvements; content development; and for other purposes described in the use of information section above.
  • Service Providers: We use other companies, agents or contractors ("Service Providers") to perform services on our behalf and/or to assist us with the provision of services to you. For example, we may engage Service Providers to provide marketing, advertising, communications, infrastructure and IT services, to personalize and optimize our Services, to process credit card transactions or other payment methods, to provide customer service, to collect debts, to analyze and enhance data (including data about users' interactions with our service), and to process and administer consumer surveys. In the course of providing such services, these Service Providers may have access to your Personal Data or other information. We do not authorize them to use or disclose your Personal Data except in connection with providing their services.
  • Promotional offers: We may offer joint promotions or programs that, in order for your participation, will require us to share your information with third parties. In fulfilling these types of promotions, we may share your name and other information in connection with fulfilling the incentive. We do not control what those third parties do with the information.  These third parties are responsible for their own privacy practices.
  • Third Party Licensors and Clients:  For each Service that incorporates a brand, character, entertainment property or similar property from a third party (such as the American Idol voice app licensed by Fox), we may disclose the collected information from that Service to the third party that licensed the property for that Service.  Similarly, when we operate an app on behalf of another company, we share the information we collect with that company.  We do not control what those third parties and companies do with the information.  Those third parties and companies are responsible for their own privacy practices.
  • Protection of the Company and others: The Company and its Service Providers may disclose and otherwise use your personal and other information where we or they reasonably believe such disclosure is needed to (a) satisfy any applicable law, regulation, legal process, or governmental request, (b) enforce applicable terms of use, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address illegal or suspected illegal activities (including payment fraud), security or technical issues, or (d) protect against harm to the rights, property or safety of the Company, its users or the public, as required or permitted by law.
  • Business transfers: In connection with any reorganization, restructuring, merger or sale, or other transfer of assets, we will transfer information, including personal information, provided that the receiving party agrees to respect your personal information in a manner that is consistent with our Privacy Policy.

WHERE WE STORE AND PROCESS INFORMATION

Information collected by us is stored and processed in the United States. By using the Services, you acknowledge and agree that all Personal Data may be transferred from your current location to the offices and servers of the Company and our authorized third party service providers located in the United States.  Our practice when transferring Personal Data is to rely on standard data protection contract clauses or individual consent.

HOW LONG WE RETAIN INFORMATION

We retain Personal Data for as long as necessary to provide the Services and fulfill the transactions you have requested, or for other necessary purposes such as complying with our legal obligations, resolving disputes and enforcing our agreements.  Because these factors vary for different types of Personal Data, actual retention periods may vary. 

EUROPEAN PRIVACY RIGHTS

We comply with the General Data Protection Regulation by ensuring that any information we collect is anonymized or is received from a third party platform operator who has obtained your consent to share it with us.  This does not apply to information you voluntarily provide through contact forms and similar means.  With respect to such information voluntarily provided by users in the European Community, we delete such information as soon as we have completed the task for which the user provided it.  

CALIFORNIA PRIVACY RIGHTS

Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to request from a business, with whom the California resident has an established business relationship, certain information with respect to the types of personal information the business shares with third parties for direct marketing purposes by such third party and the identities of the third parties with whom the business has shared such information during the immediately preceding calendar year.
To request a copy of the information disclosure required by Section 1798.83 of the California Civil Code, please contact us at privacy@creativityincorporated.com

HOW WE PROTECT THE INFORMATION WE COLLECT

We use a variety of security measures, including encryption and authentication tools, to maintain the safety of your personal information.  REGARDLESS OF THESE EFFORTS, WE CANNOT GUARANTEE THE SECURITY OR CONFIDENTIALITY OF ANY OF THE INFORMATION YOU PROVIDE OR WE COLLECT.

THIRD PARTY WEBSITES AND PLATFORMS

Our Services may be provided through and/or utilize features (such as voice controls) operated by third party platforms, or contain links to sites operated by third parties whose policies regarding the handling of information may differ from ours. For example, you may be able to access a Service through platforms such as smart home speakers, smart TVs, mobile devices, and a number of other Internet connected devices. These websites and platforms may collect Personal Data during your use of the Services and have separate and independent privacy or data policies, privacy statements, notices and terms of use, which we recommend you read carefully. 

HOW TO CONTACT US

If you have questions concerning our Privacy Policy or the information we collect, you can contact us at privacy@creativityincorporated.com.

CHANGES TO THIS PRIVACY POLICY

We may change this Policy from time to time to reflect changes in our business, the Services, or our practices and procedures.  If we do make changes, we will post any changes on this page and indicate the date on which the Policy was last revised.  We encourage you to review this Policy periodically, especially before you provide personal data directly to us through the Services.  Your continued use of the Services after any changes to this Policy are in effect constitutes your acceptance of the revised Policy.

Last updated: July 16, 2018