Xooloo Privacy Policy

Last posted on July 9th, 2019

Welcome to Xooloo Messenger. The privacy of our visitors and users is important to us. You trust us to make available to you Xooloo services to make your family’s digital experience more enjoyable and of better quality. This privacy policy ("Privacy Policy") covers Xooloo Messenger (in each case, the "Application" or the “Service”) and the website www.xooloo-messenger.com and related websites, including www.xooloo-messenger.com/parent (collectively, the “Site”) owned and operated by Xooloo SAS (“Xooloo”). Please read it carefully so you understand what, how, and why we collect information about our users, how we protect personal information about our users and in which limited circumstances Xooloo may have to share such information with other parties. In this Privacy Policy, "we", "us", "our" and other similar references mean Xooloo, and "you" and "your" and other similar references mean a specific user of the Application. By visiting and using the Application and the Site, you agree to, and accept the practices described in this Privacy Policy. If you do not agree with this Privacy Policy or revised Privacy Policy terms, as they may be updated from time to time, do not use or purchase the Application or use the Site. If you have questions or concerns about our privacy policy or practices, please contact us at info@xooloo.com. We may update this Privacy Policy from time to time to reflect changes to our information practices. If we make any material changes, we will notify you by displaying a notice on the Site or the Application about those changes and their effective dates. We encourage you to periodically review this page for the latest information on our privacy practices. This Privacy Policy is in addition to your rights and obligations under the Terms of Use posted on this Application. For the avoidance of doubt, in the event of a conflict between the Terms of Use and this Privacy Policy, or other terms and conditions related the Application, the Terms of Use will control. If you are unsure of your rights under this Privacy Policy, please contact us at info@xooloo.com. If you are under 13 or between 13 and 18 years of age (or such older age as required by the laws of your state of residency), you must have a parent or a legal guardian approve all information, and ensure that the parent or legal guardian's email address and contact information is used to request parent’s consent. If we make material changes to how we collect and use Personal Information (as defined below) of children under the age of 18, including children under the age of 13, we will first notify parents by email in order to obtain verifiable parent’s consent for the new uses of the child's Personal Information. Children’s Privacy. We do not knowingly collect information about children under 13 through the Site. If we learn that we have collected personally identifiable information from a child under 13, other than in a manner authorized by law, we will promptly delete that information from our database. What Personal Information Does Xooloo Collect through the Application? The information we collect through our Application helps us provide you with services specific to your needs and interests. Personal Information Collected. For the purposes of this Privacy Policy, "Personal Information" is any information that identifies a user, would enable someone to contact a user, or describes the relationship of a user with Xooloo. We collect and store Personal Information from any user who creates a Xooloo account and/or installs the Application. We may collect additional information during the use of the Application. We collect the following Personal Information from your child in order to contact you and get your approval for your child’s registration and use of the Service: your child’s first name, your child’s birthdate (to confirm your approval is required for your child registration and use of the Service) and your phone number (to obtain the parent’s consent if your child is under 13). If a user is older than 13, after collecting her/his first name and birthdate, we collect her/his mobile number when she/he wants to register to the service. If a user has accepted to receive notifications from the Service when installing the Application, a push token generated for the use of the Service is collected. It allows for multiple online communications with the user relating to the Service. The push token will not be used for any other purpose or disclosed or combined with any other information collected from the user. Notifications will be used to inform the user in the context of the service only and no information will be revealed, shared or combined with other information regarding the user. If a user no longer wishes to receive notifications, she/he may modify the desired preference within the device settings. When a user registers for the Service, the Application generates and collects a friend code. The friend code allows a user to invite friends within the Service. A friend code can only be used within the Application. It allows creating a friendship link between two friends. When the user is under 13, communication between two friends will not be possible until parent’s consent is provided. However, even a user under 13 will be able to invite friends using their friend code, their friend’s phone number or their friend’s email address. Messages to send invitation are prewritten. Your child may receive an invitation from one of her/his friends who also use the Service who have used your child’s email address or mobile number in the past. Once a parent’s consent is received, if a user allows the Service to have access to her/his contacts list, the user would be able to invite friends using her/his contacts list and would also be able to identify her/his friends who already use the Service. A user will also have the option to introduce his/her friends to each other’s. Once one of your child’s friends has accepted your child’s invitation, you will be notified within your parent section (https://xooloo-messenger.com/parent) and the identity of your child’s friend will be disclosed to you as a parent. Your child last name, that is mandatory for validating your child’s account and that is collected, will only be visible to your child’s friends and their parents. Your child birthdate will only be visible to your child’s contacts. Users over 13 will have the option to send invitations using either their friend code, their friend’s email address or their friend’s phone numbers; all this information will be collected. Once a parent’s consent is provided, a user under 13 will be able to create a password so that the Service will remain securely accessible from all chosen devices. The features of the Service within the profile section of the Application will provide a user the option to enter the name of his/her school, class and telephone number if she/he has one, this information is not mandatory and will be collected only if provided. To help a user under 13 to identify her/her school, after parental consent has been obtained, the user has the option to use the school geolocation feature available within the Service. As a parent or legal guardian, you will also have the ability to add information regarding your child in your parent section. This is not mandatory but if you do so, the information provided will be collected. Your child’s contact information will not be used for any other purpose and will not be given or shared with anyone else. Users over 13 will also be able to create a password and add information within their profile section of the Application including the name of their school, their class and telephone number. This information is not mandatory and will be collected if provided. For security reason, a user over 13 will be asked to provide her/his last name in the profile section of the service, this information is not mandatory and will be collected if provided. Any users, including users under 13 after parental consent has been provided, will have the opportunity to use their phone number or friend code and password to login to the Service and receive rewards when they invite friends to the Service and for other activities within the Service. In order to send rewards through postal mail, your child physical address may be asked. Once parental consent is provided, if your child chooses to send photos, videos, and voice recordings, these elements will be collected in the process of being transferred to your child’s contact. Messages exchanged during conversation are stored for technical reason and not exploited for any reason whatsoever. The Application also allows users to give a mark to the service and lets children send messages to Xooloo support using a form available from the Application. Messages are received by Xooloo support staff who can reply to the child to help resolve the issue raised. This is part of the support we provide to our users even when parent consent has not yet taken place. For security reasons, a user will have the opportunity to report a contact or an inappropriate message to the Xooloo team. In addition, when possible, each link exchange within a discussion will be analyzed in real-time using our Artificial Intelligence tool before being delivered. Logs may be stored for a period of one year. In the process of obtaining your parental consent, we will collect directly from you your mobile phone number in order to confirm your consent. Within your Parent section you may review, and add information related to your child that will be collected. You will also have the option to delete your child’s account. You will be able to access your parent section with your email address or your mobile number and a password. We may use your mobile number to contact you directly. If you do not provide consent for your child to register to the Service within 14 days of your child’s registration, you and your child’s personal information will be deleted. During this period, you and your child will receive reminders if you haven’t yet provided your consent. We use this information to administer each user’s account including your child’s account, your parent section and provide our services generally. The information collected from a child under 13 is available within the parent section Cookies and Anonymous identifiers. Cookies are pieces of data assigned by a web server that uniquely identify the browser on your computer. We use cookies for a variety of purposes in order to enhance the quality of our Site. We use “session cookies” to provide continuity from page to page. A session ID cookie expires when you close your browser. We also use persistent cookies. Persistent cookies allow parts of our Site to recognize your browser when you return after your first visit to that part of our Site. Cookies allow us to personalize your return visits to our Site and to save you time during certain activities. An anonymous identifier is a random string of characters that is used for the same purposes as a cookie on platforms, including certain mobile devices, where cookie technology is not available. We do not link the information we store in cookies or anonymous identifiers to any Personal Information. Viewers have the option to accept or disable cookies at any time through their browsers. Please remember that if you delete your cookies or use a different browser or computer, you will need to set your cookie preferences again. Most web browsers will tell you how to stop accepting new cookies, how to be notified when you receive a new cookie, and how to disable existing cookies. You can find out how to do this for your particular browser by clicking "help" on your browser's menu or by visiting www.aboutcookies.org or www.allaboutcookies.org. Please note, however, that without cookies you may not be able to take full advantage of all our Site features. The use of cookies by our partners, affiliates, tracking utility company, and service providers is not covered by this Privacy Policy. We do not have access or control over these cookies. Our partners, affiliates, tracking utility company, service providers use session ID cookies to make it easier for you to navigate our Site and Application related services. Server Statistics. These statistics include hits to the servers serving the Application. The servers are operated by us. The information that is collected in this manner does NOT provide us with any Personal Information about our users. This allows us to pinpoint high traffic areas and make sure the Service is properly operated. Mobile Analytics We use our own analysis tool to improve the quality of the service we provide and collect and analyze information about the way the Application is used. This information is anonymous and only used for our own internal purpose. In this context, we collect the pages displayed within the service, the brand and the model of the device, the OS version, the Application version, the date and time of use and an approximate IP address. We use Crashlytics (https://firebase.google.com/terms/crashlytics/), a Google company, to help us identify any crash within the Service so we can fix it when it occurs. As a result, Crashlytics may collect the following anonymous information from the user device: the anonymous identification number of the device, the brand and model of the device, the device language, the orientation of the device when the problem occurred, the available RAM and storage, the OS Version, the date and time when the problem occurred, the Application version, and the logs trace. We do not link the information we store within the analytics software to any Personal Information submitted through the Application. How Does Xooloo Use the Information it Collects about its Users? Our users’ information and privacy are important to us. We do not share, sell or lease it to any third party, except as expressly indicated in this Privacy Policy. Xooloo uses Personal Information collected from users to deliver the requested services, respond to requests such as sending a link to create a new password, to inform users of amendment of the Privacy Policy, to contact a user with respect to a violation or alleged violation of the Terms of Use of the Application, and to notify of promotions, updates, or special offers that we think may interest our users and otherwise for the specific purpose for which it was volunteered. Promotional Announcements. Our users may receive periodic communication from us with information regarding new activities and services or upcoming promotional offers or events. If you do not wish to receive such communication, you may opt out of these emails or modify your device settings at any time when you receive marketing and advertising e-mails or notifications from us. Service-related Announcements. We will send you strictly service-related announcements when it is necessary to do so. For instance, we might send you an email to advise you if our Service is temporarily suspended for maintenance. Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account and uninstall the Application. Wishlist: The Application allows your child and any user to create a wishlist of gifts among a list of third -party web sites curated by Xooloo and select the gifts they would like to get to set up a wishlist which they will be able share with their parents, friends and members of their family. Agenda: The Application allows your child and any user to add events in a calendar. The birthdates of a user’s contacts are automatically added to the Agenda. When Does Xooloo Share Information It Collects with Third Parties? We may disclose Personal Information we collect from users if required by law, or in the good-faith belief that disclosure is necessary (a) to cooperate with any law enforcement authorities and comply with any judicial order requesting or directing us or any affiliate to disclose the identity of anyone accessing, transacting, registering, and/or otherwise using the Application or the Site in violation of any applicable federal, state, or local laws; (b) to enforce or apply our Terms of Use and other agreements; or protect the rights, property, or safety of the Application, the Site, our users, or others; or (c) to act in an emergency to protect the personal safety of users of our Application or the public. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. We may provide your Personal Information to companies that provide services to help us with our business activities such as processing payments or offering customer service. These companies are authorized to use your Personal Information only as necessary to provide these services to us. In case Xooloo, or substantially all of its assets, are acquired by one or more third parties as a result of a merger, sale, consolidation or liquidation, user information may be one of the transferred assets. If Xooloo is involved in such a transaction, you will be notified via email and/or a prominent notice on our Site of any change in ownership or uses of your Personal Information, as well as any choices you may have regarding your Personal Information. Parent have the option to consent to our collection and use of their child’s Personal Information without also consenting to the disclosure of such information to third parties, as we will not share your child’s personal information with any third parties. Links to Third Party Websites/Applications Links provided on the Application or the Site to third-party websites or applications are provided as a convenience to you, and we do not control those websites or applications or their privacy practices, which may differ from ours. We do not endorse or make any representations about any third-party websites or applications that may be accessible through the Application. We encourage you to review the privacy policy of any website or application before submitting your personal information. The personal data you choose to give to unrelated third parties is covered by their privacy policies, not this Privacy Policy. Some third parties may choose to share their personal data with us; in which case that sharing is governed by that third party's privacy policy. How Secure Is Your Personal Information? The security of your Personal Information is important to us. We follow generally accepted industry standards to protect the Personal Information submitted to us, both during its transmission and storage, however no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security. It is important that you take individual precaution against unauthorized access to your password and to your device. Be sure to sign off when finished using a shared device. Except as specified in this Privacy Policy, we use commercially reasonable efforts to limit access to your Personal Information to only the employees, agents, and officers of Xooloo who require the information in the performance of their work-related duties. Access to Your Personal Information If your Personal Information changes, or if you no longer desire our Service, you may correct, update or delete/remove it by logging in to your parent section if you have a child under 13 or emailing our customer support at info@xooloo.com. We will retain your Personal Information for as long as an account is active or as needed to provide Service. We will retain and use the Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. If you wish to cancel the account or request that we no longer use the Personal Information to provide services, contact us at the email address specified above. Consent To Processing Outside The United States By providing any Personal Information to Xooloo, all users fully understand and unambiguously consent to this Privacy Policy and to the transfer of their Personal Information across international borders in accordance with Xooloo's standard operations, including the collection, storage, and processing of such information in France, and waive any rights that they may have under their local laws which would conflict with Xooloo's Privacy Policy. Your California Privacy Rights As provided by California Civil Code Section 1798.83, a California resident who has provided Personal Information to a business with whom she/he has established a business relationship for personal, family, or household purposes ("California user") is entitled to request information about whether the business has disclosed Personal Information to any third parties for the third parties' direct marketing purposes. As stated in this Privacy Policy, we do not share information with third parties for their direct marketing purposes unless you affirmatively agree to such disclosure, typically by opting in to receive information from a third party that is participating in some activity described on our Application. If you do ask us to share your information with a third party for its marketing purposes, we will only share information in connection with that specific activity, as we do not share information with any third party on a continual basis. To prevent disclosure of your Personal Information for use in direct marketing by a third party, do not opt in to such use when you provide Personal Information on our Application. Please note that whenever you opt in to receive future communications from a third party, your information will be subject to the third party's privacy policy. If you later decide that you do not want that third party to use your information, you will need to contact the third party directly, as we have no control over how third parties use information. You should always review the privacy policy of any party that collects your information to determine how that entity will handle your information. California users may request further information about our compliance with this law by contacting us at info@xooloo.com. Please note that we are only required to respond to one request per user each year, and we are not required to respond to requests made by means other than through our Site. Information to Parents Xooloo takes commercially reasonable measures to provide its products and services in an environment as enjoyable as possible. However, the use of this Application does not substitute for the parents’ or legal guardian’s own guidance and monitoring of their children’s activities on the Internet. Contact details If you have questions or suggestions regarding this Privacy Policy or our privacy practices please contact us by email at info@xooloo.com or by postal mail at Xooloo SAS, 20 rue Danielle Casanova, 75002 Paris, France.