Privacy Policy

1. Introduction

Jingle Bears Interactive Inc. (the “Company” or “We”) respects your privacy and we are committed to protecting it through our compliance with this policy. This policy describes:

• The types of information we may collect or that you may provide when you download, install, register with, access, or use the Jingle Bears mobile app (the “App”).
• The types of information we may collect or that you may provide when you purchase or use the Voice Box hardware or the Gabbo Plush, Grok Plush, or Grem Plush toys (or their successors) (individually and collectively, the “Device”).
• The types of information that we may collect or that you may provide when you visit the website (https://jinglebears.com/) (our “Website”).
• Our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies only to information we collect on the Website, in the App or the Device, and in email, text, and other electronic communications sent through or in connection with the Website, App and the Device.

This policy DOES NOT apply to information that:

• We collect offline or on any other Company apps or websites.
• You provide to or is collected by any third party (see Third-Party Information Collection).

Our websites and apps, and these other third parties may have their own privacy policies, which we encourage you to read before providing information on or through them.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not use the Website do not download, register with, or use this App, and do not use the Device. By using the Website or downloading, registering with, or using this App or by using the Device, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of the Website, App or the Device after we revise this policy means you accept those changes, so please check the policy periodically for updates.

2. Use of App by Minors Under the Age of 18

The Website and the App are not intended for minors under the age of 18. The Website and App is intended for adult parents of children to purchase the Device and set up the Device, and we do not knowingly collect personal information from minors under 18 via the Website or the App. We do collect personal information about children from their parents via the Website or the App.

3. Children Under the Age of 13

The Children’s Online Privacy Protection Act of 1998 and its rules (collectively, “COPPA”) require us to inform parents and legal guardians (as used in this policy, “parents”) about our practices for collecting, using, and disclosing personal information from children under the age of 13 (“children”). It also requires us to obtain verifiable consent from a child’s parent for certain collection, use, and disclosure of the child’s personal information.

As it pertains to personal information about children, this Section 3 prevails over any other section of this policy that may conflict with this Section 3.

This section notifies parents of:

• The types of information we may collect from children.
• How we use the information we collect.
• Our practices for disclosing that information.
• Our practices for notifying and obtaining parents’ consent when we collect personal information from children, including how a parent may revoke consent.
• All operators that collect or maintain information from children through the Website, App or the Device.

This section only applies to children under the age of 13 and supplements the other provisions of this privacy policy. Only the other provisions of this privacy policy apply to teens and adults.

Terms that are defined in the general privacy policy have the same meanings as used in this Privacy Policy for Children Under the Age of 13.

A. Information We Collect from Children and from Parents about Children

Children can interact with the Device and use many of its features without providing us with personal information other than the audio of the child speaking to the Device. However, children may speak their personal information to the Device, such as their name, which would result in us collecting that information. We may also collect personal information about a child from their parent while the parent is ordering or setting up the Device via the App or the Website.

We only collect as much information about a child as is reasonably necessary for the child to participate in an activity, and we do not condition his or her participation on the disclosure of more personal information than is reasonably necessary.

(I) Information We Collect Directly

A parent must provide us with the following information about their child to activate the Device with the App or the Website: what the Device should call the child (which may be the child’s first name or a nickname), birth date, names of family members, and a parent’s email address. We also require the parent to create a member name and password. As part of a computer-generated conversation with a child, the Device may request additional information from your child, but this information is optional and the child may continue the conversation with the Device without providing it.

We enable children control the Device with their voice and to have a conversation with it (“Voice Interaction”). Use of the Voice Interaction results in the temporary collection and recording of a voice audio file. We only use the audio files generated from the Voice Interaction to generate a text transcription of the audio, and we use the text transcription to power the child’s interaction with the device. After transcribing the audio to text, we promptly delete the associated audio files. The transcription of the audio is retained for up to 90 days to allow parents to monitor their children’s interactions with the device. These transcriptions are automatically deleted after 90 days, but parents can delete such transcripts manually if they wish.

(II) Automated Information Collection

We use technology to automatically collect information from children when they interact with the Device. The information we collect through these technologies may include:

• One or more persistent identifiers that can be used to recognize a Device over time and across different websites and online services.

We also may combine non-personal information we collect through these technologies with personal information about you or your child that we collect online.

For information about our automatic information collection practices, including how you can opt out of certain information collection, see the “Automatic Information Collection” and “Choices About How We Use and Disclose Your Information” sections of this policy.

B. How We Use Your Child’s Information

We use the information submitted by a parent about their child via the Website or App during setup of the Device to:

• Verify that the parent is the parent of the child for compliance purposes via a third-party provider.
• Allow the parent of the child to provide information about the child to the Device to enrich the conversation between the Device and the child.

We use the audio recorded by the Device of the Voice Interaction to transcribe that speech into text using a third-party speech-to-text service. The audio is then promptly deleted. The Device may solicit personal information from the child as part of a simulated natural conversation driven by artificial intelligence. The child does not need to provide personal information to the Device to continue the conversation, but if a child provides personal information to the Device during a Voice Interaction, we may use that information to enrich the Device’s conversation with the child. These conversations are only retained by the third party artificial intelligence service through the length of a particular conversation and this third party does not retain information for any purposes, including for training purposes. We do this by passing that information to a third-party artificial intelligence language model that produces responses to the child’s conversational prompts, which responses may be affected by or contain the personal information. Those responses are represented internally by written text, which is then passed to a text-to-speech service to produce audio output.

The Device may keep a written representation of the history of the child’s interactions with the Device for up to 90 days to provide a better conversational experience and to provide parents with a transcript of their child’s interactions with the Device. Parents may manually delete these transcriptions via the App before 90 days if they wish. We may retain a written representation of the Voice Interaction, including personal information provided by the child as part of those interactions for up to 90 days (unless earlier deleted by the parent), to study and process them to improve Device for other users.

We use the information we collect automatically through technology and other non-personal information we collect to improve our Website, App and Device and to deliver a better and more personalized experience by enabling us to:

• Estimate our audience size and usage patterns.
• Identify progress through the onboarding progress.
• Identify bugs in the Website, App or Device.

The App and Device may also collect zip code, time zone, and other rough information about location to provide information and localized content.

C. Our Practices for Disclosing Children’s Information

We do not share, sell, rent, or transfer children’s personal information other than as described in this section.

We may disclose aggregated information about many of our users, and information that does not identify any individual. In addition, we may disclose children’s personal information:

• To third parties we use to support the internal operations of the Website, Device and App.
• If we are required to do so by law or legal process, such as to comply with any court order or subpoena or to respond to any government or regulatory request.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers or others, including to:
  • protect the safety of a child;
  • protect the safety and security of the Website, App or Device; or
  • enable us to take precautions against liability.
• To law enforcement agencies or for an investigation related to public safety.

If the Company is involved in a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding or event, we may transfer the personal information we have collected or maintain to the buyer or other successor.

D. Accessing and Correcting Your Child’s Personal Information

At any time, you may review the child’s personal information maintained by us, require us to correct or delete the personal information, and/or refuse to permit us from further collecting or using the child’s information.

You can review, change, or delete your child’s personal information by sending us an email at support@jinglebears.net. To protect your privacy and security, we may require you to take certain steps or provide additional information to verify your identity before we provide any information or make corrections.

E. Operators That Collect or Maintain Information from Children

The following are all operators that may collect or maintain personal information from children through the App or Device:

Operator Name

Kids Web Services (KWS)

Azure Cognitive Services

4. Information We Collect and How We Collect It

We collect information from and about users of our Website, App and Device:

• Directly from you when you provide it to us.
• Automatically when you use the Website, App or Device.

A. Information You Provide to Us

When you use the Website or when you download, register with, or use the App, we may ask you provide information by which you may be personally identified, such as name, postal address, email address, telephone number, family members’ name, your child’s name and birthday (described more completely under Children Under the Age of 13), other information to sufficient to enable verification of your identity as a child’s parent, or any other identifier by which you may be contacted online or offline (”personal information”).

We may also collect information from you that is about you individually but does not identify you or about your internet connection, the equipment you use to access the Website or App, and usage details.

This information includes:

• Information that you provide by filling in forms in the Website or App. This includes information provided at the time of purchasing the App or Device, registering to use the Website, App or Device and subscribing to our service. We may also ask you for information when you report a problem with the Website, App or Device.
• Records and copies of your correspondence (including email addresses and phone numbers), if you contact us.
• Your responses to surveys that we might ask you to complete for research purposes.
• Details of transactions you carry out through the Website or App and of the fulfillment of your orders. You may be required to provide financial information before placing an order through the Website or App.

B. Automatic Information Collection

When you use the Website or download, access, or use the App, it may use technology to automatically collect:

• Usage Details. When you access and use the Website or App, we may automatically collect certain details of your access to and use of the Website or App, including traffic data, location data, logs, parts of the Website and App visited, actions taken in the Website or App, navigation-based telemetry and other communication data and the resources that you access and use on or through the Website or App.
• Device Information. We may collect information about your computer or mobile device and internet connection, including the device’s unique device identifier, IP address, operating system, browser type, mobile network information, and the device’s telephone number.
• Stored Information and Files. The Website or App also may access metadata and other information associated with other files stored on your browser or mobile device. This may include, for example, photographs, audio and video clips, personal contacts, and address book information.
• Location Information. The App collects real-time information about the location of your device to enrich the conversational functionality of the Device and to support Bluetooth connectivity.

If you do not want us to collect this information do not use the Website or download the App or delete it from your device. For more information, see Your Choices About Our Collection, Use, and Disclosure of Your Information.

We underscore that the information collection information in this Section 4 is primarily about the Website and the App, which is used in connection with setting up a Device for a child. The Website and App must only to be used by the adult parent of such child.

5. Information Collection Technologies

The technologies we use for automatic information collection may include:

• Cookies (browser cookies or mobile cookies). A cookie is a small file placed on your smartphone or web browser. It may be possible to refuse to accept mobile or web cookies by activating the appropriate setting on your smartphone or browser. However, if you select this setting you may be unable to access certain parts of our App or Website.
• Web Beacons. Pages of our Website and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
• Mobile phone’s native secure storage (e.g., iOS Keychain). We use the native secure storage of mobile phones to store information that allows us to identify and authenticate a user.

6. How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information, to:

• Present our Website and its content to you.
• Provide you with information, products, or services that you request from us.
• Provide you with the Website, the App and its contents and a functioning Device.
• Verify your identity as the parent of the child using the Device.
• Persist a connection between the App and Device via Bluetooth or WiFi.
• Fulfill any other purpose for which you provide it.
• Give you notice about your account or subscription, including expiration and renewal notices.
• Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
• Notify you when App updates are available, and of changes to the Website or any products or services we offer or provide though Website or the App.

The usage information we collect helps us to improve our Website and App and to deliver a better and more personalized experience by enabling us to:

• Estimate our audience size and usage patterns.
• Store information about your preferences, allowing us to customize our App or Device according to your individual interests.
• Recognize you when you use the Website or App.
• Improve the experience of our Website, App and Device for all users.

We use location information we collect to support Bluetooth connectivity between the App and the Device and to enrich the conversational capabilities of the Device to allow for location-sensitive responses, e.g., to discuss the weather in the Device’s location.

We may also use your information to contact you about our own and third parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please adjust your user preferences in your account profile. For more information, see Your Choices About Our Collection, Use, and Disclosure of Your Information.

7. Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual.

In addition, we may disclose personal information that we collect or you provide:

• To contractors, service providers, and other third parties we use to support our business.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by the Company about our Website and App users is among the assets transferred.
• To fulfill the purpose for which you provide it.
• For any other purpose disclosed by us when you provide the information.
• With your consent.
• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
• To enforce our rights arising from any contracts entered into between you and us, including the Website, App or Device terms of use and for billing and collection.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

8. Your Choices About Our Collection, Use, and Disclosure of Your Information

We strive to provide you with choices regarding the personal information you provide to us. This section describes mechanisms we provide for you to control certain uses and disclosures of over your information.

• Tracking Technologies. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies or block the use of other tracking technologies, some parts of the Website or App may then be inaccessible or not function properly.
• Location Information. You can choose whether or not to allow the App and Device to collect and use real-time information about your mobile device’s location through the mobile device’s privacy settings. If you block the use of location information, some parts of the App or Device may become inaccessible or not function properly.
• Promotion by the Company. If you do not want us to use your email address, postal address or other personal information to promote our own or third parties’ products or services, you can opt-out by settings on the App or Website. You can also always opt-out by sending us an email stating your request to support@jinglebears.net.

9. Accessing and Correcting Your Personal Information

You can review and change your personal information (other than your email address) by logging into the App or Website and visiting your account profile page. You may can review and change your email address on the Website.

You may also send us an email at support@jinglebears.net to request access to, correct, or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

10. Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. This includes App authentication via email, and “at rest” encryption of sensitive information and conversation data. Communications between the Device and the App, the Device and our servers, the Website and our servers, and the App and our servers are also encrypted using industry-standard encryption protocols.

Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through our Website or App. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.