Terms of Service App

EDYE Mobile Privacy Policy

Effective September 14, 2020

The Hispanic Information and Telecommunications Network, Inc. and its subsidiary companies (collectively “HITN,” “we,” or “us”) value the privacy of our users and, therefore, have adopted this mobile privacy policy (“Privacy Policy”) to describe our privacy practices for EDYE (“App”).

This Privacy Policy identifies what information is collected from and about our users, including children, on the App; how such information is used and stored; in what cases such information can be disclosed to third parties; how users, parents and guardians can control the use and disclosure of collected information; and how information is protected. This Privacy Policy applies only to information collected on or after the Effective date of this Privacy Policy and only to information collected on the App. It does not apply to any other information collected by HITN through any other means, including information that may be collected by HITN offline. Nor does it apply to HITN’s websites or other mobile applications, all of which are governed by separate privacy policies. Finally, this Privacy Policy does not apply to any sites or other online services maintained by other companies or organizations to which HITN links. These third-party sites and services have separate and independent privacy policies, which we encourage you to review. We are not responsible or liable for the content, activities or privacy policies of such linked sites or services. Nonetheless, we seek to protect the integrity of the App, and welcome any feedback about a linked site or service (including if a specific link does not work).

Together with the Terms of Service, this Privacy Policy sets out the basis on which any personal information you provide on the App will be collected, processed, used, and stored by us. The App is intended for a younger audience, including users who are under the age of 13 (“Children” or “Child”), but also contains a section for parents and allows parents to log in using account credentials obtained on our parent-facing website. If you are under 18 years old, please review this Privacy Policy with a parent or guardian. Parents, please read this Privacy Policy carefully. By downloading the App, you are accepting and consenting to the practices described in this Privacy Policy, which may be amended at our sole discretion from time to time. If you use or allow your Child to use the App after we have published such changes, you will be agreeing to be bound by those changes. If you do not agree to be bound by this Privacy Policy at any time, you should not use or allow your Child to use the App.

HITN is a valid licensee and participating member of the Entertainment Software Rating Board’s Privacy Certified Program (“ESRB Privacy Certified”) (see https://www.esrb.org/privacy/). To protect your privacy, we have voluntarily undertaken this privacy initiative and have had the App reviewed and certified by ESRB Privacy Certified to meet established online information, collection, use, and disclosure practices. As a licensee of this privacy program, we are subject to audits of the App and other enforcement and accountability mechanisms administered independently by ESRB Privacy Certified.

Table of Contents

How do we handle personal information of Children?
What information do we collect about you and why?
How do we use information about you?
How may your information be shared?
How do we store and process information about you?
How long do we keep personal information about you?
Your Privacy Rights
Is your information secure?
How will you know if we amend this Privacy Policy?
How do you contact us?

How do we handle personal information of Children?

The App is a fun, educational and engaging place for young Children. For that reason, we take special precautions to comply with the requirements of the Children’s Online Privacy Protection Act (“COPPA”). Specifically, we do not collect personal information from Children on the App unless we are permitted to do so by COPPA. Moreover, we do not collect more personal information from Children than is reasonably necessary for Children to utilize the App.

Within the App, users have the option to log in to an existing account or create an account. By default, users who do not log in to an existing account are provided guest access. Creating an account gives parents access to a parent dashboard, where they can see a snapshot of their Child’s progress, and also allows for a more personalized experience for a Child, including a profile name (first name and last initial) and an avatar preference.

The account creation process occurs entirely outside of the App. We have installed a “parent gate” as a safety mechanism to help prevent Children from leaving the App to create an account. To create an account, a parent will be required to provide his or her name, email address and a password, as well as the first name and last initial of any Child for whom the parent would like to create a profile.

We encourage all parents to actively participate in their Children’s Internet usage by providing them with guidance to help ensure that they have a safe and rewarding online experience. We encourage parents and Children to visit and review the United States Government Federal Trade Commission’s website at www.OnGuardOnline.gov for tips on protecting Children’s privacy online. Internet safety should be important to everyone, and we hope you take it as seriously as we do.

What information do we collect about you and why?
What Personal Information Do We Collect?

We automatically collect unique technical information to allow you to use the App, so that we can maintain and analyze the functionality of the App, and to personalize content on the App. Specifically, the following information is automatically collected:

Your Internet Protocol (IP) address and unique persistent identifiers (e.g., mobile device ID, advertising IDs, and User agent); and
Technical information about your device (e.g., device type and model, carrier, system language, operating system, and time zone).

Accountholders (i.e., parents) can log into the App using their account credentials, which includes an email address.

In-app Purchases

The App allows for in-app purchases, which are accessible through Google Play and Apple’s App Store. Those third parties may collect personal information from you outside of the App, including your name, email address, postal address, contact details, credit card information and/or other identifying information. This personal information is not shared with HITN. The third parties have separate and independent privacy policies or may have no privacy policy at all. We are not responsible or liable for the content, activities or privacy policies of any third-party sites.

How do we use information about you?

We use personal information we collect from users in the App solely to support the internal operations of the App, including to:

improve, operate, manage, and provide the App;
authenticate users and provide user-driven preferences;
respond to support requests;
protect the security or integrity of the App; and
protect the safety of Children using the App.

How may your information be shared?

Except as set forth below, we do not sell, trade, or otherwise transfer to third parties personal information collected in the App. That being said, in the following situations, we may share personal information with outside parties:

Third-Party Service Providers. Your personal information may be collected by or shared with third-party service providers that perform services on our behalf (such as providers of hosting, support, maintenance; data analytics; third party payment processing agencies; and remedial and repair services).
1. Vuforia, which we use to provide augmented reality in the App (go to www.ptc.com/en/documents/policies/privacy to read about Vuforia privacy practices); and
2. Unity, which is the platform used to build the App (go to www.unity3d.com/legal/privacy-policy to read about Unity’s privacy practices).
Enforcement of Rights/Security. We reserve the right to release personal information (i) when we are under legal compulsion to do so (e.g., we have received a subpoena) or we otherwise believe that the law requires us to do so; (ii) when we believe it is necessary to protect and/or enforce the rights, property interests, or our safety, the safety of our users, or the safety of others; or (iii) as we deem necessary to resolve disputes, troubleshoot problems, prevent fraud and otherwise enforce the Privacy Policy and our Terms of Service.
Reorganization or Sale. In the event that we merge with or become a part of another organization, or in the event that we are sold, we sell all or substantially all of our assets, or we are otherwise reorganized, the information you provide will be one of the transferred assets to the acquiring or reorganized entity.
To Help Protect Minor Users of Our App. In the event that the safety of our users is threatened, and we are able to do something about that by sharing personal information with third parties, we reserve the right to do so. This may be done to prevent the instigation of a crime, to help facilitate an investigation related to public safety, to help protect the safety of a Child using our App, to help protect the security or integrity of our App, or to enable us to take precautions against liability.
As Otherwise Allowed by Law. We may transfer personal information to third parties where we are expressly authorized by applicable law to do so.
Aggregated Information. We may aggregate information that you provide with information provided by other individuals in such a manner that the information is not personally identifiable to you, and we may transfer that aggregated information to third parties.

How do we store and process information about you?

The App is hosted in the United States, and the information we collect from you may be transferred to, stored, used and processed by HITN in the United States. In addition, our service providers may be based or have operations outside of the United States, resulting in the transfer of your information outside of the United States.

If you are visiting the United States from the European Union or other regions with laws governing information collection and use that may differ from United States laws, please note that you are transferring your personal information to the United States. The laws of some countries may not provide the same levels of protection of personal information as your home country, particularly if you are resident in the European Union. By submitting information, you agree to the collection, transfer, storage, use and processing of information about you for the purposes described in this Privacy Policy. When you provide personal information to us or our service providers or vendors, you consent to the processing of your information in United States as the App is operated in United States. We will take reasonable steps to ensure that information about you is treated securely in accordance with this Privacy Policy, and that all information you provide to us is stored on our secure servers or those of our service providers.

YOU ACKNOWLEDGE THAT THE LAWS OF THE UNITED STATES TREAT YOUR INFORMATION IN A MANNER THAT MAY BE SUBSTANTIALLY DIFFERENT FROM, AND LESS PROTECTIVE THAN, THE TREATMENT REQUIRED UNDER THE LAWS OF OTHER COUNTRIES AND JURISDICTIONS. IF YOU DO NOT WANT YOUR INFORMATION TRANSFERRED TO THE UNITED STATES, YOU SHOULD NOT SHARE YOUR INFORMATION WITH US, OR MAKE USE OF THIS APP. TO THE EXTENT ALLOWED BY THE LAW OF THE COUNTRY IN WHICH YOU ARE LOCATED, YOU EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO REQUIRE US TO TREAT YOUR IDENTIFYING INFORMATION IN ACCORDANCE WITH THE LAWS OF ANY COUNTRY OR JURISIDICTION OTHER THAN THE UNITED STATES. HOWEVER, THE FOREGOING WAIVER MAY NOT BE LEGALLY BINDING IN SOME COUNTRIES, SUCH AS THE MEMBER STATES OF THE EUROPEAN UNION. TO THE EXTENT IT IS NOT LEGALLY BINDING IN THE COUNTRY IN WHICH YOU ARE LOCATED, THIS FOREGOING WAIVER DOES NOT APPLY TO YOU.

How long do we keep personal information about you?

We hold your personal information for as long as necessary for the purposes for which it was collected, or as long as is set out in any relevant contract you hold with HITN, subject to any applicable laws or regulations. If you notify us that you wish to cancel your account, we will keep your personal information for one year for administration purposes before being deleted.

Your Privacy Rights

Your COPPA Rights

Parents have the right to review or have deleted any personal information we collect from their Children on the App, as well as to refuse further collection or use of it. To exercise those rights, parents may contact us using the contact information below.

If you are a resident of California, section 1798.83 of the California Civil Code (the “Shine the Light” law) allows you to request information about the disclosure of your personal information to third parties for their direct marketing purposes. We do not disclose personal information collected on the App to third parties for their direct marketing purposes. However, if you have questions about our privacy practices, please contact us using the contact information below.

Is your information secure?

HITN maintains commercially reasonable procedures and security features to protect the confidentiality, security and integrity of personal information collected from you. Nevertheless, transmission of information over the Internet is not completely secure, and we cannot guarantee the security of information about you. If we learn that your unencrypted personal information has been compromised by a data breach, we will notify you consistent with applicable laws.

How will you know if we amend this Privacy Policy?

We may make changes to this Privacy Policy at any time. Any changes will be effective immediately upon posting of the revised Privacy Policy. Please check the Privacy Policy each time you use the App to ensure you are aware of any changes in our privacy practices. Our Privacy Policy will indicate the date it became effective. Your continued use of the App will signify your acceptance of the changes to our Privacy Policy. If we make any material changes in the way we collect, use, or disclose your personal information, we will notify you by email or provide prominent notice on the App.

How do you contact us?

If you have any questions, comments or concerns about this Privacy Policy, or the processing of your personal information, please contact us at edye@edye.com or

HITN – Brooklyn Navy Yard
63 Flushing Avenue
Building #292, Suite 211
Brooklyn, NY 11205-1078

If you don’t think we’ve adequately addressed your inquiry or complaint, you may contact ESRB Privacy Certified at:

ESRB

Attn.: Privacy Certified Program
420 Lexington Avenue, Suite 2240
New York, New York 10170
privacy@esrb.org

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