We at Sphero, Inc. have created this Privacy Notice to explain how we collect, use, disclose and otherwise process personal information in connection with operating our business.
Email us at DPO@sphero.com if you have questions about our Privacy Notice.
The information we collect may include:
How We Use Your Information
We may use your information to
We may share the information we collect:
We at Sphero, Inc. have created this Privacy Notice to explain how we collect, use, disclose and otherwise process personal information in connection with operating our business. This Privacy Notice describes the privacy practices of Sphero, Inc. and its subsidiaries and affiliates (collectively referred to as, “littleBits”, “we”, “us” or “our”).
This Privacy Notice applies to www.littleBits.com, other littleBits sites, mobile apps, social media features and other online services (each referred to herein as a “Site”). This Privacy Notice describes how we collect, use, disclose and otherwise process personal information, and explains the rights and choices available to individuals with respect to their personal information. We may provide additional privacy notices to individuals at the time we collect their data. This type of an “in-time” notice will govern how we may process the information you provide at that time.
How we collect personal information
We may obtain personal information from various sources, including our Sites, other sites with which we collaborate, when you call or email us or communicate with us (including through social media), public forums, or when you participate in events, surveys or other promotions. We also may obtain information about you (including personal information) from our vendors and business partners, such as resellers, educational institutions (to the extent permitted by applicable law) and others. You may choose not to provide some or all of your personal information to us, but doing so may prevent us from providing our services to you or limit our ability to provide you with the level of service that you would otherwise expect from us.
Types of personal information we collect
We may collect the following information about you:
- age or date of birth
- postal address; e-mail address; telephone number
- littleBits or social media screen name or username
- photograph or photographs you may provide to the Site or through social media
- social media handle
- geolocation information
- payment card and other payment information
- information about your family, interests, hobbies and demographic information
We may also automatically receive your device’s location or other information when you use our services or services linked to our Site (including our mobile applications, or when you submit a photo or other materials that contain geographic information in its metadata). We may use various technologies to determine location, such as location services of your operating system or browser and sensor data from your computer or device that may, for example, provide information on nearby Wi-Fi access points and cell towers. You may opt out of sharing your real-time information as we describe below.
Site usage information, cookies and other information collected by automated means
- “Pixel tags” (also known as a “clear GIFs” or “web beacons”) which are tiny images (in most cases, typically just one-pixel) that can be placed on a Web page or in our electronic communications to you in order to help us measure the effectiveness of our content by, for example, counting the number of individuals who visit us online or verifying whether you’ve opened one of our emails or seen one of our Web pages.
- “HTML5” (the language some Web sites, such as mobile Web sites, are coded in) may be used to store information on your computer or device about your Site usage activities and to help determine how our Site is being used by our visitors, how it can be improved and to customize it for our users.
We and our service providers and business partners may collect Automated Information about your online activities over time and across our own and third-party websites when you use our websites and mobile applications. In jurisdictions where Automated Information is considered personal information, or if we associate Automated Information with personal information, we will treat Automated Information as personal information in accordance with this Privacy Notice. The information that may be collected by automated means includes:
- Details about the devices that are used to access our websites or mobile applications (such as the IP address, Internet Service Provider, and type of operating system and web browser), and we may associate that with your domain name or that of your Internet access provider
- Dates and times of visits to, and use of, our websites and mobile applications
- Information about how our websites and mobile applications are used (such as the content that is viewed on our websites and how users navigate between our webpages, or the features of our mobile applications that are used and how users navigate between screens on our mobile applications)
- URLs that refer visitors to our websites
- Certain “clickstream data” pertaining to your usage of and navigation around the Site. Clickstream data includes, for example, information about your computer or device, Web browser and operating system and their settings, the referring page that linked you to the Site, the pages or ads you see or click on during your visit and when and for how long you do so, items you download, the next Web site you visit when you leave the Site and any search terms you have entered on the Site or a referral site.
- Search terms used to reach our websites or locate our mobile applications
Web browsers may offer users of our websites the ability to disable receiving certain types of cookies; however, if cookies are disabled, some features or functionality of our websites may not function correctly. The “help” menu on most internet browsers contains information on how to disable cookies, or you can visit www.aboutcookies.org/how-to-control-cookies/. The above tracking technologies may be deployed by us or our service providers on our behalf. For example, we currently use, and/or in the future may use certain third-party service providers to collect Site usage information and track traffic to, from and around the Sites. To find out more about how your Site usage information is collected through the practices of, and how you may be able to opt out of certain information by, such third parties, click here.
Information you provide about others
Certain features on the Site or in our e-mails and other communications allows you to send information about our Sites, services or offerings to another person. You may be able to provide us information about other people. When you use these services, we may ask you for the name or other information (e.g., email address) of the other person. If you provide any personal information or other information about third parties, you represent and warrant to us that you have obtained all consents necessary to allow us to access and use such information in accordance with this Privacy Notice. This information will be treated in accordance with this Privacy Notice.
Our Use of Personal Information
We (or one of our service providers, on our behalf) may use the information we collect for a variety of purposes, such as the following:
- Communicating about the products and services we offer, and responding to requests, inquiries, comments, and suggestions
- Processing, shipping and fulfilling your transactions
- Administering the Site, the Site’s features and services, and your account with us
- Enabling users to use the Site and the Site’s features and services
- Analyzing and enhancing our communications and strategies (including by identifying when emails sent to you have been received and read)
- Operating, evaluating and improving our business, our websites and mobile applications, and other products and services we offer (including to research and develop new products and services)
- Analyzing use of our products
- Developing new features and offerings on the Site
- Sending you marketing and other communications, including information about products, services and events that we believe may be of interest to you.
- Tailoring the content and ads we display in our communications and on our websites and in mobile apps and elsewhere to your interests and history with us
- Customizing the Site to your interests and your history with us
- Administering surveys and other market research
- Facilitating educational and other research and studies
- Protecting our rights and property
- Tracking and responding to product quality and safety matters
- Complying with regulatory monitoring and reporting obligations (including those related to product safety)
- Complying with legal or regulatory requirements, judicial process, industry standards and our company policies
- Protecting against, identifying, investigating, preventing, and responding to fraud, illegal activity (such as incidents of hacking or misuse of our websites and mobile applications), and claims and other liabilities, including by enforcing the terms and conditions that govern the services we provide
- Other purposes described at the time you choose to provide personal information to us
To perform the above functions, we may match information collected from you through different means or at different times, including both personal information and Automated Information, and use such information along with information obtained from other sources. We may also aggregate and/or de-identify any information that we collect, such that the information no longer identifies any specific individual. We may use, disclose and otherwise process such information for our own legitimate business purposes – including historical and statistical analysis and business planning – without restriction.
How We May Share Information about You with Others
We may share information about you for the purposes described in this Privacy Notice or a specific “in-time” privacy notice we may provide at the time we collect the information.
We may share information about you with others for a variety of reasons. In addition to the kinds of information sharing you might expect, such as sharing with our subsidiaries and our affiliates, we may share your details with:
- Third parties that provide services to us or perform services on our behalf, including:
- Technology providers (including technology support, email and web hosting providers, marketing and advertising technology providers, email and text communications providers, mobile app developers)
- Event planning and organizations that help facilitate littleBits programs
- Contract organizations that conduct research on our behalf
- Payment, shipping and fulfillment service providers
- Support providers (including for product quality and adverse event reporting, etc.)
- Third parties with whom we jointly develop products or services
- Affiliates and other third parties (e.g., pre-screened organizations that have offerings we think may interest you, retailers and other third-party partners) for their marketing and other purposes (including, without limitation, providing product samples), unless you tell us not to by following the instructions in the “Opt In and Opt Out” section below
- Co-sponsor(s) if we obtain your information in connection with a contest, sweepstakes, event, offering or other promotional activity that is jointly offered by us and any third parties, unless (if you don’t opt in when entering the promotion) you tell us not to by following the instructions in the “Opt In and Opt Out” section below
- Regulators worldwide, as required by law, including in connection with monitoring, review and approval of our products and services, and adverse event reporting
We may share information about you in connection with (including the during the negotiation of) a corporate change or dissolution, including for example a merger, acquisition, reorganization, consolidation, bankruptcy, liquidation, sale of assets or wind-down of a business (each a “Corporate Transaction”). Unless prohibited by applicable law, we reserve the right to transfer the information we maintain in the event we engage in any Corporate Transaction (including, selling or transferring all or a portion of our business or assets). If we engage in such a sale or transfer, we will where feasible – direct the recipient to use the information in a manner that is consistent with this Privacy Notice. After such a sale or transfer, you may contact the recipient with any inquiries concerning the processing of your personal information.
In addition, we may share your information to comply with legal or regulatory requirements, industry standards, judicial process, and our company policies, as well as to protect against, identify, investigate, prevent and respond to fraud, illegal activity (such as identifying and responding to incidents of hacking or misuse of our websites and mobile applications), adverse event reporting, and claims and other liabilities.
Do Not Track Disclosures
Some web browsers may transmit “do-not-track” signals to the websites with which the user communicates. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they even are aware of them. Because there currently is no industry standard concerning what, if anything, websites should do when they receive such signals, we currently do not change our tracking practices (which are explained in more detail directly above) in response to “do-not-track” (DNT) settings in your web browser. If and when a final standard is established and accepted, we will reassess how to respond to these signals.
Our third-party partners, such as ad networks, web analytics companies and social media and networking platforms, collect information about your online activities over time and across our Site and other online properties. These third parties may not change their tracking practices in response to DNT settings in your web browser and we do not obligate these parties to honor DNT settings. Information about how to opt out from your data being used by third parties can be found above under “Site usage information, cookies and other information collected by automated means.”
We maintain a presence on several social networking and blogging platforms, such as Facebook, Instagram, WordPress, Twitter, and Pinterest. We may incorporate some third-party social networking features onto our Site (including, allowing users to interact with others and share certain Site content and information on social media platforms) or utilize third-party provided platforms to publish or manage the Site or portions thereof. Through these platforms and features, we receive or may share information about you, and this Privacy Notice applies to that information as well.
We may make available mobile applications (or “apps”) that you are able to download and use from your mobile device. Depending on the nature and functionality of the app, we may collect personal information and non-personally identifiable usage information through the app, any features on your mobile device to which you grant us access. The app also may collect information about your mobile device, such as your ID for Advertisers (IDFA) or Advertising ID, the IP address of your mobile device, device type, operating system and connection information (e.g., Wi-Fi, LTE, 4G, 3G). If you opt-in, some of our apps may collect your device’s precise real-time location, and in such cases, you may be able to opt out from further allowing us to have access to such location data by managing your location preferences in the app and/or on your device. This Privacy Notice may be supplemented from time to time with additional terms applicable to individual apps, or individual apps may be subject to separate privacy notices or policies of which we will notify you by posting them on such apps.
Payment and Third-Party Payment Processors
Information for Individuals in the European Economic Area and the United Kingdom
Legal basis for processing data
In this section, we identify the legal grounds on which we rely to process personal information.
In some cases, we have a legitimate interest to process the personal information that we collect, such as to develop, administer and support our products and services; to operate, evaluate and improve our business; to facilitate and manage engagement programs; to promote research; to support our recruitment activities; or to facilitate a Corporate Transaction (including a sale of assets or merger or acquisition).
In other cases, we process personal information to fulfill our contracts with business partners, such as third parties that distribute our products.
It may be also necessary for us to process personal information to establish, exercise or defend against fraud, illegal activity, and claims and other liabilities, including by enforcing the terms and conditions that govern the services we provide.
Our processing of certain information may be necessary to comply with our legal obligations, and for reasons of public interest, such as with respect to adverse event and product safety reporting.
We may also process personal information as specifically permitted by applicable legal requirements.
If we rely on consent for the processing of your personal information, we will seek such consent at the time we collect your personal information. For more information on consent, please see the “Additional international privacy preferences and rights” section of this Privacy Notice.
International data transfers
We may transfer your personal information to countries other than the country in which the data was originally collected for the purposes described in this Privacy Notice. For example, if you are located outside of the United States, we may transfer your personal information to the United States, where littleBits is headquartered. The countries to which we transfer personal information may not have the same data protection laws as the country in which you initially provided the information. When we transfer personal information across borders, we consider a variety of requirements that may apply to such transfers.
Specifically, we may transfer personal information from the European Economic Area or the United Kingdom to:
- Countries that the European Commissions has deemed to adequately safeguard personal information,
- Pursuant to the recipient’s compliance with standard contractual clauses, EU-US Privacy Shield, or Binding Corporate Rules,
- Pursuant to the consent of the individual to whom the personal information pertains, or
- As otherwise permitted by applicable EEA requirements.
EU-U.S. Privacy Shield
We comply with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union to the United States. We have certified to the Department of Commerce that we adhere to the Privacy Shield Principles. If there is any conflict between the terms in this Privacy Notice and the Privacy Shield Principles, the Privacy Shield Principles shall take precedence. To learn more about the Privacy Shield program, the Privacy Shield Principles and to view our certification, please visit www.privacyshield.gov.
As described in the Privacy Shield Principles, littleBits is accountable for personal information that it receives and subsequently transfers to third parties. If third parties that process personal information on our behalf do so in a manner that does not comply with the Privacy Shield Principles, we are accountable, unless we prove that we are not responsible for the event giving rise to the damage.
Should you feel that we have not complied with the Privacy Shield principles and the handling of your personal data and we have not been able to remedy your complaint ourselves, you may wish to contact JAMS who is our nominated alternative dispute resolution provider. To obtain more information or to file a complaint, please visit https://www.jamsadr.com/eu-us-privacy-shield.
As further explained in the Privacy Shield Principles, binding arbitration will also be made available to you in order to address residual complaints not resolved by any other means. We are subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission (FTC).
As of January 1, 2020, the California Consumer Privacy Act (CCPA) grants these specific rights to California residents.
Online Privacy Choices
Opt In and Opt Out
You may have the right to opt in to or opt out of certain of our uses and disclosures of your personal information. For example, when you are asked to provide personal information on this Site, you may have the opportunity to elect to, or not to, receive promotional messages from us by e-mail or text messaging. You may unsubscribe from our promotional emails by clicking on the “unsubscribe” or opt-out link within the e-mail you receive. To opt out of our text messaging, please follow the instructions provided in connection with the particular text messaging campaign. Please understand that it may take us some time to process any opt out request and that even if you opt out of receiving promotional correspondence from us, we retain the right to send you non-marketing communications (such as important product safety information, information about your transactions, or changes in website or mobile application terms) and may still contact you in connection with your relationship, activities, transactions and communications with us.
If we share personal information with third parties for their marketing purposes, you will be able to elect for us not to do so by emailing us at DPO@sphero.com (please include your name, mailing address, and email address). See “Your California Privacy Rights” below. If you are a European or Canadian user, we will treat you as having opted out by default, unless you specifically authorize us to share your information.
Third-party advertising servers and networks
We may use third-party advertising companies, such as advertisers, advertising networks, advertising servers, and analytics companies (collectively, “Ad Partners”) to serve ads when you visit the Site or elsewhere online. These companies may use information about your visits to this Site and other Web sites in order to provide advertisements about goods and services of interest to you. These advertisements may appear on this Site and on other Web sites. These companies may employ cookies, clear GIFs and other tracking technologies to cause relevant ads to be displayed to you.
For more information about third-party advertisers and how to prevent them from using your information, visit the Network Advertising Initiative’s consumer Web site at http://www.networkadvertising.org/choices/ or the Digital Advertising Alliance’s Web site at http://www.aboutads.info/choices/. We encourage you to read these businesses’ privacy policies to learn about how they treat your information.
These Ad Partners may recognize a particular individual across third party websites over time and link various devices used by the same individual. For more information about how Ad Partners use the information collected by these technologies and about your options not to accept cookies placed by some of these companies on our websites and mobile apps, please visit http://www.aboutads.info/ or http://networkadvertising.org/choices/. If you are accessing the websites or mobile apps from the European Union, please visit http://www.youronlinechoices.eu/. and if you are accessing the Sites from Canada, please visit http://youradchoices.ca/choices/.
The opt-outs described above are device- and browser-specific and may not work on all devices. If you choose to opt out through any of these opt-out tools, this does not mean you will cease to see advertising. Rather, the ads you see will be based on the website you are visiting and not your interests.
You may unsubscribe from receiving marketing or other commercial emails from littleBits by following the instructions included in the email or as described in the “Opt In and Opt Out” section above. Please understand that it may take us some time to process any opt out request and that even if you opt out of receiving promotional correspondence from us, we retain the right to send you non-marketing communications (such as important product safety information, information about your transactions, or changes in website or mobile application terms) and may still contact you in connection with your relationship, activities, transactions and communications with us.
As we describe in the “Mobile Apps” section above, if you opt-in, some of our apps may collect your device’s precise real-time location, and in such cases, you may be able to opt out from further allowing us to have access to such location data by managing your location preferences in the app and/or on your device.
Sharing information with third parties
As we describe in the “How We May Share Information about You with Others” section above, you may opt out of certain information sharing following the instructions in the “Opt In and Opt Out” section above.
Your California privacy rights
California’s “Shine the Light” law, Civil Code section 1798.83, requires certain businesses to respond to requests from California customers asking about the businesses’ practices related to disclosing personal information to third parties for the third parties’ direct marketing purposes. Alternately, such businesses may have in place a policy not to disclose personal information of customers to third parties for the third parties’ direct marketing purposes if the customer has exercised an option to opt-out of such information-sharing. As discussed above, if we share Personal Information with third parties for their marketing purposes you will be able to elect for us not to do so by emailing us at DPO@sphero.com (please include your name, mailing address, and email address). To find out more about your opt-out rights, see the “Opt In and Opt Out” section above.
Additional international privacy preferences and rights
Individuals in certain jurisdictions, like the EEA, have certain rights and choices regarding our processing of their personal information. We have appointed a data protection officer (“DPO”) as a point of contact for exercising these rights. Please see the “How to Contact Us” section below for the DPO’s contact information. In some cases where your personal information is accessible through an online portal or platform, you may be able to directly exercise these rights by following the instructions on the portal or platform.
Please note that if the exercise of these rights limits our ability to process personal information, we may be precluded from providing our products or services to individuals who exercise these rights, or from otherwise engaging with such individuals going forward.
We reserve the right to verify the identity of the individual in connection with any requests regarding personal information to help ensure that we provide the information to individuals to whom the information pertains and allow only those individuals or their authorized representatives to exercise rights with respect to that information.
For information about the rights and choices users have with respect to cookies and online tracking, please see the “Site usage information, cookies and other information collected by automated means” section of this Privacy Notice.
General objections to the processing of personal information
To the extent provided by applicable law, you may withdraw any consent you previously provided to us, or object at any time on legitimate grounds, to the processing of your personal information. In some circumstances, withdrawing your consent to our use or disclosure of your personal information will mean that we will not be able to provide products or services to you or to otherwise engage with you.
Access to personal information
You may request access to the personal information that we maintain about you. If we grant your request, we will provide you with a copy of the personal information we maintain about you in the ordinary course of business, in a commonly used format. You may request to correct any errors in your personal information. We may reject your request to access or correct your information, as permitted by applicable law. If we reject your request, we will notify you of the reasons for the rejection.
Portability of personal information
You may request that we transfer your personal information to another data controller. We may reject your request, as permitted by applicable law. If we reject your request, we will notify you of the reasons for the rejection.
Deletion of personal information
You may request that we delete your personal information. We may reject your request, as permitted by applicable law. If we reject your request, we will notify you of the reasons for the rejection.
We will retain your information only for as long as necessary to fulfill the purpose(s) for which the information was collected, depending on the purpose(s) for which the information was collected, the nature of the information, any contractual relationship that may governs the retention of the data, our legal or regulatory obligations, and our records retention policy. We will then destroy your information or anonymize the information, subject to and in accordance with applicable law and our records retention policy.
How we Protect Personal Information
We use various efforts intended to safeguard the security and integrity of personal information collected on our Sites. Payment card information is processed by third-party Payment Processors pursuant to their applicable privacy policies. Despite these measures, however, we cannot and do not guarantee that information will be absolutely safe from interception or intrusion during transmission or while stored on our system, or otherwise.
If you correspond with us by e-mail, text message or using Web forms like a “contact us” feature on our Sites, you should be aware that your transmission might not be secure from access by unauthorized parties. We have no liability for disclosure of your information due to errors or unauthorized acts of third parties during or after transmission. If you create an account on our Sites, you are responsible for maintaining the confidentiality of your account password and for any activity that occurs under your account. Please notify us of any unauthorized use of your password or account.
If we believe that the security of your personal information in our care may have been compromised, we may seek to notify you. If we have your e-mail address, we may notify you by e-mail to the most recent e-mail address you have provided us in your account profile. Please keep your e-mail address in your account up to date. You can change that e-mail address any time in your account profile. If you receive a notice from us, you can print it to retain a copy of it. To receive these notices, you must check your e-mail account using your computer or mobile device and email application software. You consent to our use of e-mail as a means of such notification. If you prefer for us to use the U.S. Postal Service to notify you in this situation, please e-mail us at DPO@sphero.com (please include your name, mailing address, and email address). You can make this election any time, and it will apply to notifications we make after a reasonable time thereafter for us to process your request. You may also use this e-mail address to request a print copy, at no charge, of an electronic notice we have sent to you regarding a compromise of your personal information.
Links to Websites and Third-Party Content
For your convenience and information, we may provide links to websites and other third-party content that is not owned or operated by us. The websites and third-party content to which we link may have separate privacy notices or policies. We are not responsible for the privacy practices of any entity that it does not own or control.
Updates to our Privacy Notice
We reserve the right to change this Privacy Notice at any time. When we update this Privacy Notice, we will notify you of changes that are deemed material under applicable legal requirements by updating the date of this Privacy Notice. In some cases (for example, if we make certain material changes), we may inform you by additional means, such as by sending you an e-mail. In some cases, we may obtain your consent to the changes.
How to Contact Us
You may contact us with questions, comments, or complaints about this Privacy Notice or our privacy practices, or to request access to or correction of your information. Our contact information is as follows:
Sphero, Inc., doing business as littleBits Electronics Inc.
Attn: Legal Department – Privacy
4775 Walnut Street, Suite 100
Boulder, CO 80301
If you are a resident within the European Economic Area, the contact information for littleBits’ data protection officer:
Sphero, Inc., doing business as littleBits Electronics Inc.
Chief Operating Officer
4775 Walnut Street, Suite 100
Boulder, CO 80301
Sphero, Inc. is the data controller of personal information provided on the littleBits Sites. If you are a resident within the European Economic Area, you also have the right to file a complaint with the supervisory authority of your member state.
Last Updated: May 25, 2018
Further Updated on June 27, 2019 to update identity of EU data protection officer.