LAST UPDATED November 29, 2016
Although VTech is committed to protecting your and your children's personal information no matter how it is obtained, this Policy addresses only data obtained through the Web Services. It does not address data VTech receives or collects through any other means. It also does not address any information given to us for business or employment purposes, such as job applicant information submitted through the "Careers" section of any of our websites. This Policy describes the information we collect from visitors to or users of the Web Services, where we store that information, how we use that information and when we may disclose it to others.
1. Agreement; Modification.
Your use of the Web Services constitutes your acceptance of this Policy. If you do not accept this Policy, please do not visit or use the Web Services. VTech may change this Policy from time to time. Each time you visit or use the Web Services, the current version of this Policy will apply. Accordingly, when you visit or use any of the Web Services, you should check the date of this Policy (which appears at the beginning of this Policy) and review any changes since the last version.
If VTech makes any material changes to this policy regarding the use or disclosure of previously collected information about you, we will notify you by email (if you have registered an account with us) and/or by means of posting a notice on the Web Services prior to the changes becoming effective, and seek your consent to those changes. In addition, if VTech makes any changes to its policy regarding the collection, use, or disclosure of personal information collected from your child, it will notify you and seek your consent.
2. Information VTech Collects.
2.1 Information that You Provide.
To access certain features of the Web Services, you may be asked to provide certain information about yourself and/or your child or children. The types of information that you would need to provide are described below. You may choose not to provide such information when requested, but doing this could limit or completely prevent you from being able to use or access certain features of the Web Services.
· Purchases: When making purchases on our Web Services, you may be required to provide your first and last name, e-mail address, billing address, shipping address, phone number, and credit card information.
· ”Subscribe to Newsletter” Feature: If you sign up for a VTech newsletter subscription on www.vtechkids.com, we will ask you, the parent, to provide your first name and email address. VTech also requests your child’s birth year and your zip code, but providing this information is optional and is not required for a subscription.
· Learning Lodge: If you register for a Learning Lodge Parent Account, during registration we will collect certain information from you, the parent, including your first and last name, email address, mailing address, IP address and password. During your use of Learning Lodge, we may also collect information about your recent firmware upgrades, purchased devices, downloads and purchases. You may also create a Learning Lodge Child Profile for your child. For this Learning Lodge Child Profile, we will ask you for your child’s name, gender, and birthdate.
Learning Lodge also transmits information to VTech about your child’s progress through certain VTech educational games and other activities. As discussed more fully in Section 2.4, below, for devices without built in wifi, this information will be transmitted to VTech when you connect your child’s device to your computer and open Learning Lodge. For devices with built-in wifi, the information will be transmitted to VTech directly by the devices.
Certain VTech devices may also allow your child to view applications that are available in our Learning Lodge library and create a “Wish List” of applications they like, which is then sent to you. As discussed in Section 7, below, the creation of a Wish List results in the transmission to VTech of the applications selected by your child for inclusion on the Wish List as well as identifying information about your child’s device and console, country and language information, and date and time.
· Kid Connect: To sign up for Kid Connect as a parent of a child, you will first create a Learning Lodge Parent Account and Learning Lodge Child Profile, as described above. Then, through your Learning Lodge Account you can complete the Kid Connect registration. The Kid Connect registration will use your Learning Lodge username as your Kid Connect username and request that you create a Kid Connect password. During your first use of the Kid Connect application (for example, on your smartphone), you will set up your Kid Connect profile by providing a “nickname” (which is the display name shown to other Kid Connect users), and a profile photo for Kid Connect (at your option). If you do not have a Learning Lodge account, during the Kid Connect registration process you will provide your email address and password. You will then provide a profile photo (at your option) and nickname during your first use of Kid Connect.
Additionally, under your child’s Learning Lodge Child Profile, you may create a Kid Connect Child Profile (for example, through the Kid Connect app on your smartphone). You can enter your child’s information, including the Kid Connect ”nickname” for your child (which is the display name shown to other Kid Connect users) as well as provide a Kid Connect profile photo for your child (at your option).
During your or your child’s use of Kid Connect, other limited forms of information may be collected by us, including chat and voice messages and photos that you or your child send or receive. Information practices regarding information collected from children, and the processes for providing consent to your child’s use of Kid Connect, are discussed more fully in Section 7, below.
Other activities: If you engage in other activities on our Web Services, such as submitting reviews or testimonials, participating in promotions, and contacting VTech with questions, you may be required to submit certain identifying information to VTech, such as your name and email address. In addition, certain Web Services may ask for or collect additional information about you and/or your children. This information may include information about recent purchases, and certain demographic information about you and/or your child, such as your occupation, marital status, level of education, and annual family income, and the age, birth date, and gender of your child. In some cases, this data may be combined and stored with other personal information about you and/or your children.
Note for Login Information. As described above, to set up or access your user account through any of the Web Services, you will be required to enter your username and your password. This is considered "Login Information," which allows us to identify your account and authenticate you as the user of the account.
2.2 Information Passively Collected.
VTech uses the web technologies described below to passively collect information about your visit to a Web Service. This information may include information about your computer, such as its operating system, internet protocol address ("IP Address"), and web browser. It may also include information about your VTech web-connected device and your browsing data. VTech may also collect information about your or your children's use of certain Web Services, as discussed in Section 2.4 and Section 7, below.
(a) Cookies. Some of the pages on the Web Services use "cookies" to help us better serve you and other visitors to the Web Services. Cookies are brief text messages transmitted by websites to the hard drive of visitors' computers when they click on a website page. Should the visitor return to that page at a later time, the visitor's computer will transmit the text message back to the website server to permit the server to recall previous visits to that page or website or to keep track of a transaction in progress. Cookies retain the user preference like number of selected items per page, and payment gateway source to go to payment gateway and encrypted order ID, but are not linked to any personally identifiable information about you or your child.
(b) Action Tags. Some of the pages of the Web Services use "action tags," which are also known as "clear GIF" or "web beacons." An action tag is an invisible tag that may be placed on certain pages of a website but not the visitor's computer. When you access pages with action tags, those action tags generate a generic notice of that visit. Action tags are not linked to any personally identifiable information about your or your children but may be linked to your IP address.
(c) Log Files and Google Analytics. Like many companies with websites, VTech uses log files and Google Analytics to analyze trends, administer the Web Services, track user movement and gather other information. The log files contain information such as your IP Address, browser type used, internet service provider information, referring/exit pages, platform type, date/time, and number of clicks.
Do Not Track Signals: Our systems do not currently recognize or respond to browser “Do Not Track” signals.
Web Site Data Collection: Third-party analytics providers may collect information about an individual consumer’s online activity over time and across different websites when a consumer uses our Web Services.
2.3 When VTech Collects Information.
VTech collects the passively collected information described in section 2.2 while a user is visiting or using the Web Services. VTech may request or require the information described in section 2.1 if you choose to participate in any of the following Web Services features:
§ Create, log in to, use, or manage a Web Services account
§ Purchase a product or download a software application
§ Upload play or activity data from a VTech web-connected product (Note: additional details about this feature are provided below)
§ Register products
§ Submit reviews or testimonials about products
§ Sign-up for newsletters or other marketing promotions
§ Participate in promotions
§ Contact VTech Customer Support
§ Purchase gift certificates or other VTech products as gifts (Note: To use this feature, we may require certain information about the recipient of your gift, such as the recipient's name, e-mail address, and shipping address to deliver the purchased item. The recipient's information is used and collected only for this purpose.)
§ Send messages about VTech products or services
2.4 More Information about Play or Activity Data from VTech Web-Connected Products and
Certain VTech products are designed for synchronization with Learning Lodge, which is a web-connected software program. When your child uses this kind of VTech product, the device will record the play activities or other actions performed on the device. This includes information about your child's duration of use, how many questions were answered, how many items were completed, and other similar play data or performance patterns. It may also include identifying information about your child’s device, and date and time. For devices without built-in wifi, this information is uploaded to the Learning Lodge program on your computer and sent to VTech via the Internet when the device is connected to your computer. For devices that have built-in wifi, this information will be sent to VTech directly from the device. VTech uses this information to generate “Progress Logs” about your child’s progress through VTech activities, which you can access on demand through Learning Lodge.
A parent or guardian must set up an account to access Learning Lodge, and the parent or guardian will be asked to provide certain information about his or her child or children that will be using the VTech web-connected product, such as the child's name, birth date, and gender. To access the Learning Lodge features, the parent or guardian must first be logged in to his or her account. The play activity collected from the VTech web-connected product may be used to (1) allow the adult or guardian to track the child's learning progress while using the device, and (2) recommend additional VTech products to the adult or guardian based on the child's preferences and learning progress.
3. VTech's Use of Your Information.
3.1 General Use of Information.
VTech uses the information collected through the Web Services to: (a) provide products, services, and information that you request; (b) manage user accounts; (c) improve our products and services; (d) enhance and customize the playing experience for users of our web-connected products; (e) provide you with a personalized assessment of your child's learning progress while using our web-connected products; (f) allow VTech to improve the Web Services' content; (g) analyze and monitor consumer activity; (h) promote and support VTech's products; and (i) verify product reviews.
3.2 Information about Other Products and Services.
If you choose to provide the personal information described in section 2.2, we may use it, alone or in conjunction with other publicly available information, to identify other products or services that we think you may be interested in purchasing, and unless you opted-out of receiving communications about new products and special offers, we will send you information about those other products or services.
3.3 Communications with You.
From time to time, VTech may use your personal information to send email messages to you regarding your account(s), to respond to any emails or other communications you send to us, and/or to advise you of any problems with the Web Services. In addition, if you registered for a Web Services account and you have not opted-out of receiving promotional emails, VTech may send you messages with information about services and events that we believe you may be interested in. You may opt-out of receiving future newsletters and marketing communications from us by contacting us directly through our web site at www.VTechkids.com and selecting the Support Link. Please fill out the web portal "Contact Us" form or follow the instructions at the bottom of the email received. The content of our emails to you may be tailored to your specific interests based on your Registration Data or Web Services user data.
4. Disclosure of Your Information.
VTech may disclose your information to its subsidiaries and other affiliated companies, and to unrelated persons in the following circumstances:
4.1 Third Parties that Provide Services to VTech.
(a) In responding to your inquiries or providing you with the products or services you request, we may employ third-party companies to perform functions on our behalf. These functions may include order fulfillment, package delivery, marketing assistance, postal and email delivery, customer service, data analysis, data storage, billing services and credit processing. The third parties we contract for these purposes have limited access to your personally identifiable information in order to perform these functions on our behalf, and may not use or disclose it for other purposes.
(b) VTech may use third-party advertising companies to serve ads on our behalf. These companies may employ cookies and action tags to measure advertising effectiveness. Any information that these third parties collect via cookies and action tags is not linked to any personally identifiable information about you or your children, as described in section 2.1, but it may be linked to other passively collected information described in section 2.2.
(c) VTech ensures that any third parties with which it shares your information have adequate policies and procedures in place to protect that information, that they will securely delete or destroy the information when it is no longer needed to serve the third party’s function for us, and that they do not use or disclose the information for any other purpose.
4.2 VTech Affiliates
In order to provide the Web Services, VTech may share, transfer, or store your information with its affiliates located in the United States, the European Union (EU), the United Kingdom and Hong Kong. All companies in question will handle your information with the same care VTech does, will not share your information with other parties or use it for other purposes, and have privacy policies as strict as our own.
4.3 Testimonials and Product Reviews.
Certain of the Web Services allow users to publicly post reviews and testimonials about VTech products and services. Although we request the user to submit his or her email address for verification purposes, we do not post this information, and we do not require the user to publicly disclose any personally identifiable information to post a review or testimonial. To further protect users' personally identifiable information from public disclosure, we ask them to use a screen name or nickname instead of their true name and generally provide their location in terms of city and state. Users have the option to post from a selection of standardized descriptions or post customized statements. Any information posted or shared using these features is done so at the user's own risk. If you choose to submit a review or testimonial, we encourage you not to reveal any personal information about yourself or your children that you do not want others to see.
4.4 VTech Affiliates Who Have Products or Services That May Be of Interest to You.
We may share certain personally identifiable information, such as your e-mail address, with our affiliate companies that offer products and services that we think may be of interest to you. If you prefer that we not share your information with any other companies for these purposes, you can so indicate by sending an opt-out request to us as described in Section 9 below.
VTech may disclose your information to unrelated persons in the investigation of any actual or suspected: (a) breach of this Policy or our Terms and Conditions, (b) illegal activity, (c) fraud, (d) intellectual property infringement, or (e) threats of violence or other harm.
4.6 Merger and Acquisition Activity.
If we are bought or acquired by another company, in whole or in part; merged with another company; or go through reorganization or bankruptcy, your information may be disclosed to prospective investors, buyers, or other acquirers or successors of VTech in connection with the applicable transaction (and in the case of an acquisition or merger, we may transfer the information collected through the Web Services to the purchaser or merged company as part of the sale).
4.7 Other Cases.
VTech may disclose your information if we in good faith believe we are required to do so: (a) to comply with applicable law or legal proceedings, including court orders, subpoenas, statutes and regulations; (b) to protect, enforce and defend VTech's rights or property; or (c) in an emergency to protect the personal safety of VTech's customers, visitors or the public.
4.8 With Your Permission.
VTech may disclose your information to unrelated persons when you have given us permission to do so.
5. Protection of Your Information.
5.1 Transmission and Storage of Your Information.
The security of your and your child’s personal information is important to VTech, and VTech is committed to handling your personal information carefully. If you submit your information to VTech directly through the Web Services it will be transmitted over a secure HTTPS connection using SSL technology. Further, VTech stores your personal information, described in section 2.1 and section 2.2, in servers with restricted access. Voice messages and photos are encrypted while in storage. The information that VTech collects from you will be transferred to, and stored at, servers in the United States and Hong Kong.
5.2 Login and Authentication.
VTech also protects your information by requiring users of the Web Services to verify their identities with unique login information before they can access or edit their account information or settings. If you select and establish Login Information in connection with your use of the Web Services, or any other interaction with the Web Services, you are responsible for keeping that Login Information confidential. Do not share your Login Information with anyone else.
6. Links to Other Websites.
The Web Services may include access or links to other, third-party websites. If you choose to visit those other sites from the Web Services, VTech is not responsible for the privacy practices or content of those websites. Those third-party websites are beyond VTech's control and may not have privacy policies and security protections, or their privacy policies or security protections may not be as protective of your personal information as VTech's policies and protections. Those other websites may send their own cookies to visitors, collect data or solicit personal information. We recommend that you review and understand the privacy policies of the websites you visit, whether you visit those websites directly or through a link from a page on the Web Services. VTech does not have access to or control over information collected by third-party websites.
VTech is concerned about the safety and privacy of children when they use the Internet. We encourage parents and guardians to spend time with their children online and to be familiar with the sites their children visit. We also urge children to check with their parents or guardians before entering information on any website, or on any VTech Web Services. Our information practices regarding the collection of information from children are in accordance with the U.S. Children's Online Privacy Protection Act ("COPPA") and are outlined below.
7.1 Web Purchases.
Although VTech sells and promotes children's products, all of our products are intended to be purchased by adults. If you are under 18 years old and you want to buy something on the Web Services, you must have an adult buy it for you.
7.2 Operators Collecting Personal Information from Children
Shure Drive Suite 200
Arlington Heights, Illinois 60004
7.3 Information VTech Collects from Children.
VTech collects the following information from children as part of the Kid Connect service: chat and voice messages and photos that the children send to their parents and other users approved by their parents.
Certain VTech services may collect information about the child’s device (for push notifications, such as to notify the child that his or her parent has purchased a new downloadable application from Learning Lodge).
Certain VTech devices may also passively record information from children’s play on VTech’s educational games, in order to provide progress reports to parents on demand. More information about VTech’s collection of this type of activity or play data is discussed in section 2.4.
Certain VTech devices may also allow your child to view applications that are available in our Learning Lodge library and create a “Wish List” of applications they like. The creation of a Wish List results in the transmission to VTech of the applications selected by your child for inclusion on the Wish List, as well as identifying information about your child’s device and console, country and language information, and date and time. If your Learning Lodge Parent Account settings are set to receive notification emails when your child makes a “wish,” VTech will send your child’s Wish List to your contact email address.
7.4 Obtaining Verifiable Parental Consent Prior to Use of Kid Connect.
VTech will only collect, use, or disclose information from your child’s use of Kid Connect after receiving the verifiable consent of the child’s parent. Parental consent must be provided before a child profile can use Kid Connect. To provide this consent, you must have first created a Kid Connect Child Profile for your child, which in turn requires a Learning Lodge Parent Account. The process for creating these parent accounts and child profiles, and the information that will be collected from you, the parent, as part of the account creation process, is described above in Section 2.1.
7.5 Use and Sharing of Information Collected from Children.
The information listed in Section 7.3 is generated by children when they use the Kid Connect service, which allows children to exchange messages with their parents and with other “friends” approved by their parents, or when they play VTech's educational games. In order to provide the Kid Connect Software and Services, VTech may share, transfer, or store the information from your child with its affiliates located in the European Union (EU) and Hong Kong. All companies in question will handle your information with the same care VTech does, will not share your information with other parties or use it for other purposes, and have privacy policies as strict as our own. VTech does not otherwise disclose this information to third parties (except when a child shares Kid Connect voice and chat messages and photos with other Kid Connect users that have been approved by you) or make it publicly available. VTech also does not enable children to make their personal information publicly available. VTech does not otherwise use the information collected from children for any purpose other than to allow children to share messages on Kid Connect, to generate progress logs for children’s parents, and to allow children to create their “Wish Lists”. Except as otherwise described in this Section 7, any information we collect from you about your children is treated and handled in the same manner as the information we collect about you.
Since Kid Connect allows children to exchange messages, information from your child will be shared with the Kid Connect “friends” with whom your child communicates. Before an individual can become a Kid Connect “friend” with whom your child can exchange messages or photos, however, he or she must first be approved by you through your Kid Connect Parent Account. For example, your child cannot initiate a “friend” request on his or her own; only you can initiate a “friend” request on behalf of your child. Similarly, if you receive a “friend” request initiated by another Kid Connect user, only you can receive and approve that “friend” request to add that user as your child’s “friend.” Kid Connect users cannot contact your child until they have been placed on your child’s approved “friends” list.
Once an individual is approved by you, and becomes your child’s Kid Connect “friend,” he or she will be placed on your child’s “friends” list. Then, when your child exchanges a voice or chat message or a photo with that Kid Connect “friend,” VTech will deliver that message or photo to the Kid Connect “friend,” along with your child’s nickname and profile photo (previously provided by you).
7.6 Your Parental Rights Regarding Children's Personal Information
VTech does not require your child to disclose more information than reasonably necessary to participate in an activity. You have the right to review your child's personal information; direct VTech to delete it; revoke your consent for VTech to collect, use, and disclose information from your child; and refuse to allow any further collection, use, or disclosure of the child's information. Before processing a request to review or delete information collected from your child or to cease collecting, using, or disclosing that information, VTech will verify that you are the parent of the child. For example, to revoke consent, a parent must sign into their Learning Lodge Parent Account.
As noted above, VTech will not share information collected from your child with any third parties, except as is inherent in the Kid Connect service, such as when your child’s messages are shared with your child’s Kid Connect “friends” who have been pre-approved by you. However, even after you have approved a “friend,” you retain control over your child’s Kid Connect “friends” list. If you determine that you would no longer like your child to be able to share information with previously approved Kid Connect users, you can remove a user from your child’s “friend” list by accessing your child’s “friends” list through your Kid Connect Parent Account.
Moreover, consent to VTech’s collection, use, and disclosure of your child’s information related to the Kid Connect service can be revoked through the portal for managing COPPA consent in your Learning Lodge Parent Account. However, revoking your consent will mean that your child will no longer be able to use the Kid Connect service, since the transmission of messages on Kid Connect requires VTech’s collection and disclosure of your child’s information to other approved Kid Connect users.
If you wish to exercise any of these parental rights, you may contact VTech as described in Sections 8 and 9 below.
If you wish to contact VTech, please (a) email us by using the "Contact Us" web page located in the Support Link on our website; or (b) telephone VTech's Customer Services Department at 800-521-2010 on Monday through Friday. 8:00 AM to 4:30 PM Central Time.
9. Opt Out.
You may opt-out of allowing us to share your information with our affiliates and others for marketing purposes, as described in Section 4.4 above, and/or of receiving emails from us regarding products and services we think you may be interested in by following the unsubscribe instructions located at the end of any promotional or marketing email you receive from us or by sending us an email request as described in Section 8 above. Email requests may take up to 10 days to become effective (or any longer period permitted by law). You may opt-out of receiving promotional or marketing mailings by postal mail by mailing us at:
Electronics North America, L.L.C.
1156 W Shure Drive, Suite 200,
Arlington Heights, IL 60004
ATTN: Opt Out
Postal requests may take up to 14 days to become effective (or any longer period permitted by law). Please be sure to include in any opt-out request by email or postal mail, (a) the words "Opt Out" in the subject line; and (b) your full name and the email and postal addresses that should not receive any future promotional or marketing messages from VTech. If you choose, you may at any time reauthorize us to share your PII and Registration Data and/or to send you emails and mailings regarding products or services that we think may be of interest to you.
10. California Residents - Your California Privacy Rights.
California Civil Code Section 1798.83 permits our visitors who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purpose. To make such a request please email us by using the "Contact Us" web page located in the Support Link on our website; or (b) telephone VTech's Customer Services Department at 800-521-2010 on Monday through Friday. 8:00 AM to 4:30 PM Central Time.
11. Update or Edit Your Information.
If your name, email address, mailing address, or telephone number changes, you should update or correct the relevant information by logging into your Web Services account(s) and editing your information, or by contacting us as described in Section 9.
12. Disputes; Choice of Law and Forum.
If you choose to visit the Web Services, your visit and any dispute over privacy are subject to this Policy and the relevant Terms and Conditions for that service (e.g., the Terms and Service for vtechkids.com, Learning Lodge, or Kids Connect). This Policy shall be governed and construed in accordance with the laws of the State of Illinois, excluding its conflicts of law rules. Any dispute arising out of or relating to this Policy or information VTech receives through the Web Services will be subject to the dispute resolution procedures and provisions set forth in our Terms and Conditions.
Electronics North America, L.L.C.
1156 W Shure Drive, Suite 200,
Arlington Heights, IL 60004
ATTN: Privacy Matters
Or via email at firstname.lastname@example.org
13. Separate Agreements.
If any provision of this Policy is held to be unlawful, void or unenforceable for any reason, then that provision will be deemed to be deleted from this Policy and that deletion will not affect in any way the remaining provisions in this Policy.
14. Force Majeure.
VTech will not be liable in any way for its failure or delay to comply with this Policy if that performance becomes commercially impracticable as a result of any existing or future law, rule or regulation, whether valid or invalid, or any cause beyond VTech's reasonable control, including war, mobilization, insurrection, accident, natural disaster, explosion, rebellion, civil commotion, riot, act of an extremist, terrorist or public enemy, sabotage, labor dispute, lockout, strike, explosion, fire, flood, storm, accident, drought, power failure, inability to obtain suitable and sufficient energy, labor or material, delay of carriers or embargo. VTech also is not responsible for harm, damage, or injury caused by the actions of others.
15. Entire Agreement.
This Policy constitutes your entire understanding related to information about you or your children received in connection with your use of the Web Services, and it supersedes any prior agreements or understandings about that topic not incorporated in this Policy. If more than one version of this Policy applies to any dispute related to that information or the Web Services, the latest version of this Policy will control.