Last Updated: June 21, 2024
This Privacy Policy (“Privacy Policy” or “Policy”) outlines the information Haivivi Technology Co., Ltd. and its affiliates (“Haivivi,” “we,” “our,” or “us”) collect and process from and about you.
This Policy applies to all websites, mobile applications, electronic and toy products, and other services offered by Haivivi that link to this Policy, as well as our offline services (collectively referred to as the “Services”).
By using the Services, you consent to the practices described in this Policy. If you do not agree with these practices, please refrain from accessing or using the Services.
Any undefined capitalized terms herein are defined as per the Haivivi Terms of Service .
When you access or use our Services, we collect various types of information based on your usage. It's important to note that certain information is essential for us to provide you with our Services. If you choose not to share this necessary information, or if you request its deletion, you might lose access to some of our services. The information we collect can be categorized into three types: data you directly provide to us, data automatically collected from your interactions with our Services, and data we acquire from other sources.
Information You Provide Directly to Us
We collect information directly from you in various ways. This can happen when you interact with our Services, communicate with us, register for an account, subscribe to our newsletters, or engage in promotions. The information you provide can relate to both yourself and others and may encompass a range of data types, including, but not limited to:
Email address;
Username;
Payment information (for example, processed through our payment vendors);
Your User Content, as defined in the Terms of Service , including chat communications, posted images, and shared characters;
Contents of communications with us.
You are not obligated to provide us with this information, but please be aware that without it, certain features of the Services may not be accessible or available to you.
Information We Collect Automatically
Together with our third-party vendors, including ad networks and analytics companies like Google Analytics, we may use cookies, web beacons, and other tracking technologies to collect information about the computers or devices (including mobile devices) you use to access the Services. Below, we detail the types of information we may collect and analyze, which includes, but is not limited to:
(a) Browser type;
(b) ISP or operating system;
(c) Domain name;
(d) Access time;
(e) Referring or exit pages;
(f) Page views;
(g) IP address;
(h) Unique device identifiers (e.g., IDFA or Android ID);
(i) The version of our Services you are using;
(j) The type of device you use.
We also track when and how frequently you access or use the Services, including your engagement with and navigation of our site or mobile application. This information, including data collected by our third-party vendors, is used for analytics—to identify the most frequently used parts of our Services and understand user preferences—, to evaluate the success of our advertising campaigns, and for other purposes as described in this Policy.
We and our third-party vendors may employ cookies, clear GIFs, pixel tags, and other technologies to gain a better understanding of user behavior, customize preferences, conduct research and analytics, and enhance the Services. These technologies enable us to tailor the Services to your needs, for instance, by saving your password in secure areas, tracking the pages you visit, aiding in content management, and gathering statistics on our Services' usage. Additionally, we or our third-party vendors might utilize some of these technologies in emails to our customers. This helps us monitor email response rates, determine when our emails are viewed, and track whether our emails are forwarded.
Most web browsers are set to accept cookies automatically, but you have the option to change your browser settings to decline cookies if you prefer. Please be aware that disabling cookies might limit your ability to fully utilize the Services, as they may not function as intended without cookies. As we incorporate new technologies, we may also collect additional information through various methods.
When you access the Services, we may gather general location information, which can be inferred from your IP address.
Information Collected from Other Sources
We may also gather information about you from external sources. For instance, if another user refers you to us, or when you interact with our profiles on social media platforms like Facebook or Instagram, we may receive information about you from these third parties.
Information Collected Through Third-Party Accounts
Whenever you use a third-party account, such as a social media account (“Third-Party Account”), to connect to your account with us, we may collect certain information. This collection is based on the permissions you grant and can include data from your Third-Party Accounts. For instance, by connecting to our Services via Third-Party Accounts like Facebook or Google, we receive information that helps us identify your account from those services. We securely collect and store this information to streamline your connection to our Services.
Opting to link your account with a Third-Party Account is entirely your choice. You'll be given the opportunity to provide your consent when you initiate the connection. Should you decide to withdraw this permission, you can easily do so by logging into the Third-Party Account, disconnecting our service from there, or through the native applications on your smartphone. It's important to note that we may keep the information we've previously collected from you.
We may use your information for any of the following purposes:
Provide and administer the Services;
Personalize the Services;
Communicate with you, including informing you about features or aspects of the Services we believe might be of interest to you, or communicating with you about changes to our terms, conditions, or policies;
Engage in other communications with you, such as responding to your inquiries, comments, feedback, or questions;
Analyze, maintain, improve, modify, customize, and measure the Services, including training our artificial intelligence/machine learning models;
Develop new programs and services;
Detect and prevent fraud, criminal activity, or misuses of our Service, and ensure the security of our IT systems, architecture, and networks;
Comply with legal obligations and legal processes, and protect our rights, privacy, safety, or property, and/or that of our affiliates, you, or other parties, including enforcing our Terms of Service and any other agreements;
Carry out any other purpose for which the information was collected.
We may combine information that we collect from you through the Services with information that we obtain from other sources. We may also aggregate and/or de-identify information collected through the Services. We may use and disclose de-identified or aggregated data for any purpose, including without limitation for research and marketing purposes.
We may disclose your information in any of the following circumstances:
Affiliates: We may share information with our affiliates, which refers to any entity that controls, is controlled by, or is under common control with Haivivi. Our affiliates may use the information we share in a manner consistent with this Policy.
Vendors: We may share your information with employees, consultants, and other service providers who require access to such information to perform work or services on our behalf. This group may include providers of data storage, payment processing, technology support and services, customer service, analytics, fraud prevention, legal services, and marketing services.
Safety and Protection of Haivivi and Others: We may disclose certain information if we believe in good faith that it is necessary or appropriate to:
(i) Protect or defend the rights or property of Haivivi, including enforcing this Policy, our Terms of Service , or any other agreements;/or
(ii) Ensure the personal safety of Haivivi, our agents and affiliates, our employees, users, and the public.
Advertising and Analytics: As of the date of this Policy, we do not engage in advertising. However, we may, in the future, share or make some of your information available to advertising and analytics partners to serve advertisements on our behalf across the internet and to provide analytics services. These partners may utilize cookies and tracking technologies to, among other functions, track and analyze data, gauge the popularity of content, deliver targeted advertising and content based on your interests, and enhance understanding of online activity. For details on managing the use of your web browsing information for advertising purposes, please refer to the "Online Analytics and Tailored Advertising" section below.
Legal Requirements: We may disclose certain information if we believe in good faith that it is necessary to comply with law enforcement, legal, or regulatory processes. This includes responding to warrants, subpoenas, court orders, or adhering to applicable laws and regulations.
Business Transfers: In the event of a merger, sale of company assets, financing, or acquisition of all or a portion of our business by another company, we may disclose certain information as part of the transaction or during negotiations.
Your User Content: Actions you take within our Services may be visible to other users or result in content being shared with them. For instance, creating User Content, like shared Characters, will make that content accessible on the Services. Similarly, participating in a Group Chat means you are instructing us to share your chats with other members of that chat, which may include Characters on the Services and other users.
Other Disclosures with Consent or at Your Direction: With your consent or at your direction, we may share your information with third parties not affiliated with us. For example, if you choose to refer our Services to your friends or acquaintances, you may direct us to share certain information about you with them.
Analytics: We utilize third-party web analytics services on our Services, including Google Analytics. These services employ technologies as described in the "Information We Collect Automatically" section to help us understand user interactions with the Services, such as identifying the third-party website you used to connect to our Services. These technologies gather information that is then disclosed to or directly collected by these vendors, who analyze your usage of the Services. Additionally, we may employ Google Analytics for advertising-related purposes as outlined in the subsequent section. If you wish to prevent Google Analytics from utilizing your information for analytics, you can install the Google Analytics Opt-Out Browser Add-on.
Tailored Advertising: Although we do not currently engage in advertising as of this Policy's latest update, we may, in the future, permit third-party advertising networks to use cookies or other tracking technologies to collect information about your Service usage. This data collection aims to (a) inform, optimize, and serve marketing content based on your previous interactions with our website and other services, and (b) measure the effectiveness of our marketing content and how interactions with these contents relate to visits to our services. We may also enable other unaffiliated entities (e.g., ad networks and servers like Google Analytics) to deliver personalized marketing to you and to use their own cookies or tracking technologies. Those employing these technologies may provide you with an option to opt out of targeted advertising. Tailored advertising may be delivered to your device via a web browser. Cookies may link to de-identified data that originates from data you have voluntarily provided us (e.g., your email address), which we may share with vendors in a hashed, non-human-readable format.
If you're interested in learning more about tailored advertising and controlling the use of cookies for targeted marketing, you can explore the following resources:
Network Advertising Initiative (NAI): Visit the NAI's Consumer Opt-Out page to prevent cookies from delivering personalized ads from member companies.
Digital Advertising Alliance (DAA): Use the DAA's Consumer Opt-Out Link for options to opt out of receiving tailored advertising from participating companies.
European Interactive Digital Advertising Alliance: For users in Europe, this alliance offers a similar opt-out mechanism.
To manage how Google personalizes Display Advertising or to adjust settings for Google Display Network ads, visit the Google Ads Settings page.
Please be aware that opting out of tailored advertising does not mean you will no longer see advertising on our Services; it simply means that the ads will not be customized based on your interests. Additionally, we do not have control over the opt-out links provided above and cannot guarantee their effectiveness or the accuracy of these mechanisms.
Note that if your browser rejects cookies, you erase your cookies, switch computers, or change web browsers after opting out, your opt-out preferences may not be effective anymore.
We offer you several options to control the collection, use, and sharing of your information:
Profile Information: You can deactivate your account via your account profile page. Additionally, you can verify, correct, update, or delete some of your information through the same page.
Marketing Communications: To unsubscribe from our marketing emails, simply follow the instructions provided in those emails. Note that opting out of marketing communications does not exempt you from receiving administrative messages related to our Services, such as updates to our Terms of Service or Privacy Policy.
Cookies and Analytics: You have the option to opt out of certain cookie-related and analytics activities by adhering to the instructions outlined in this Policy.
Rights to Your Information: Depending on where you reside, local laws may grant you certain rights regarding your personal information, including the ability to:
(i)Request details about the categories of personal information we collect, disclose, and the purposes for which we collect it, as detailed in this Policy.
(ii)Access and/or obtain a copy of the specific pieces of information we hold about you.
(iii)Object to our processing of your information for direct-marketing purposes.
(iv)Correct outdated or incorrect information we have about you.
(v)Request the deletion of certain information we hold about you.
(vi)Limit how we process and share specific pieces of your information.
(vii)Have your information transferred to a third-party service provider.
(viii)Opt out of profiling used for decisions that have legal or similarly significant effects, where applicable.
(ix)Revoke consent for processing your information, as permitted by law.
You may designate an authorized agent to make requests on your behalf. To do so, you must provide your authorized agent with signed, written permission or a power of attorney. We may also contact you directly to confirm your identity before we process any requests made by your authorized agent, as allowed by law.
Please be aware that some information may be exempt from such requests under applicable law. For instance, we may need to retain certain information for legal reasons or to ensure the security of our services. Additionally, deleting information required to provide our Services might prevent you from using them.
You have the right not to face discrimination for exercising your rights under applicable law.
Furthermore, you may have the right to opt out of the sale of your personal information or its use in targeted advertising. To opt out of targeted advertising in the future, please refer to the instructions provided in the "Tailored Advertising" section above.
If you're seeking information about your rights under applicable law or wish to exercise any of these rights, please contact us at https://haivivi.com to ensure your privacy and security, we implement reasonable steps to verify your identity and the legitimacy of your requests. Should we be unable to verify your identity, it may prevent us from fulfilling your requests.
Should your request be denied under applicable law, you may have the right to appeal our decision. We will include information on how to pursue an appeal in our response to such denied requests.
Regional Privacy Disclosures and Rights: We provide additional disclosures for residents of the European Economic Area, United Kingdom, California, and Nevada in the Regional Privacy Disclosures section below.
For Residents of the European Economic Area and the United Kingdom:
Haivivi acts as the "data controller" for the "personal data" we process, as defined under the General Data Protection Regulation (GDPR). This means we are responsible for determining how we collect, use, and disclose personal data, in accordance with applicable laws. The GDPR and UK laws mandate that data controllers disclose the legal bases they rely on for processing your personal data. Where applicable, our legal grounds for processing are as follows:
Contractual Commitments: We process personal data to fulfill our contractual obligations to you. This includes complying with our agreements and honoring our contractual commitments.
With Your Consent: In situations where the law requires, and in other instances, we process personal data based on your explicit consent.
Legitimate Interests: Often, we process personal data on the basis that it serves our legitimate business interests, which are not outweighed by your interests or fundamental rights and freedoms. This encompasses activities like customer support, certain marketing efforts, business analysis and improvement, securing our Services, fraud prevention, and legal affairs management.
Legal Compliance:
To fulfill our legal obligations, it is necessary for us to use and disclose personal data in specific ways.
Beyond the rights outlined in this document, you also have the right to lodge a complaint with the appropriate supervisory authority. We encourage you, however, to contact us initially with any concerns. We are committed to doing our utmost to address and resolve any issues you may have.
Residents of Nevada:
If you are a Nevada resident, you possess the right to opt out of the sale of certain personal information to third parties not affiliated with us. To exercise this right, please reach out to us using the contact details provided in the “Contact Us” section below. Use the subject line “Nevada Do Not Sell Request” and include your name and email address in your communication. As of now, we do not engage in the sale of personal information as defined under Nevada Revised Statutes Chapter 603A.
Residents of California:
This Policy details the specific pieces of personal and sensitive personal information we collect, their sources, and how we disclose them. Under the California Consumer Privacy Act (CCPA), we are required to categorize the personal and sensitive personal information collected and disclosed for business or commercial purposes.
Categories of Personal Information Collected and Disclosed:
In the past twelve months, we have collected and disclosed the following categories of personal information for business or commercial purposes, as outlined in Section 1:
Identifiers
Financial information, including payment details
Commercial or transactional information
Internet or electronic network activity information
General geolocation data
Audio or video information, such as submitted pictures and videos
Voluntarily provided information, including through User Content
Other identifying information and inferences drawn from collected data
Sensitive Personal Information:
As defined by the CCPA, we collect:
Account login, password, or other credentials
Sensitive personal details voluntarily provided by users (e.g., race, religion, sexual orientation) through User Content
This information is processed for purposes detailed in Section 2.
Sources of Information:
The categories of personal information are collected from:
Direct interactions with you
Your use of the Services
Other users and unaffiliated parties
Disclosure Practices:
Our practices for disclosing information are further described in Section 3.
“Sale” and “Sharing” of Personal Information:
Under the CCPA, “selling” or “sharing” personal information is defined specifically. We engage in third-party analytics and online advertising, which may involve “sharing” online identifiers with advertising partners. California residents or their authorized agents wishing to opt out can use the tools mentioned in the Tailored Advertising section.
We do not “sell” or “share” personal information of children under 18.
Do-Not-Track Disclosure:
We do not engage with browser-initiated Do Not Track signals due to the lack of industry standards.
Retention of Personal Information:
For details on the retention of your personal information, please refer to the Data Retention section below.
CCPA Rights:
California residents can exercise their rights regarding personal information as outlined in the Rights to Information About You section. The CCPA also provides rights to limit the use or disclosure of “sensitive personal information” for certain purposes.
We prioritize the protection of children's privacy. Accordingly, our services are not designed for minors under the age of 13, unless they have the full understanding and consent of their guardians. Our Terms of Use explicitly state that our services are not intended for minors under the age of 13. For residents of the European Economic Area, the minimum age requirement is under 16.
Children Under the Age of 13
In accordance with the Children’s Online Privacy Protection Act of 1998 and its accompanying regulations (“COPPA”), we are committed to informing parents and legal guardians (hereafter referred to as “parents”) about our practices regarding the collection, use, and disclosure of personal information from children under the age of 13 (“children”). COPPA also mandates that we obtain verifiable parental consent for certain activities involving the child’s personal information.
Section 7: Children Under the Age of 13
This section specifically addresses our practices concerning the personal information of children and takes precedence over any conflicting information in other sections of this policy.
In this section, we inform parents about:
The categories of information we may collect from children.
The ways in which we use the collected information.
Our practices for disclosing this information.
How we notify parents and obtain their consent for collecting personal information from children, including the process for parents to revoke consent.
The identification of all operators who collect or maintain information from children through our Website, App, or any Device.
This section is applicable solely to children under the age of 13 and is intended to complement, not replace, the other sections of this privacy policy. For teenagers and adults, the rest of this privacy policy applies.
Definitions provided in the general privacy policy retain the same meanings in this Privacy Policy for Children Under the Age of 13.
Children can interact with the Device and access many of its features without needing to provide personal information, except for the audio recordings of the child speaking to the Device. However, should children input personal details into the device, such as their name, we would then collect this information. Additionally, we may collect personal information about a child from their parents during the purchase or setup of the Device through our App or Website.
We are committed to collecting only as much information from children as is reasonably necessary to engage in an activity, and we do not require the disclosure of more personal information than is reasonably needed for their participation.
(i) Directly Collected Information
To activate the Device using the App or the Website, a parent must provide certain details about their child. This includes a preferred name for the child (first name or nickname), birth date, family members' names, and the parent’s email address. Additionally, the parent is required to create a member name and password.
The Device allows children to control it and interact through voice commands (“Voice Interaction”). This interaction temporarily records voice audio files. These audio files are used solely to create text transcriptions, facilitating the child’s interaction with the device. Once the audio is transcribed to text, the original audio files are promptly deleted. The text transcriptions are kept for up to 90 days, enabling parents to review their children’s interactions with the device. Although these transcriptions are automatically deleted after 90 days, parents have the option to delete them sooner if desired.
(ii) Automated Information Collection
We employ technology to automatically gather information from children during their interactions with the Device. This automated collection process may capture:
Furthermore, we might merge the non-personal information obtained through these technologies with personal information we have collected about you or your child online.
For details on our practices regarding the automatic collection of information, including instructions on how to opt out of certain types of data collection, please refer to the “How We Use the Information We Collect” section of this policy.
We utilize the information a parent submits about their child through the Website or App during the setup of the Device for the following purposes:
To confirm that the submitting individual is indeed the child's parent for compliance purposes, achieved through verification by a third-party provider.
To enable the parent to input information about the child into the Device, thereby enhancing the interactions between the Device and the child.
We convert the audio recorded during Voice Interactions into text using a third-party speech-to-text service, after which the audio is promptly deleted. During these interactions, driven by artificial intelligence, the Device may engage in simulated natural conversations that could prompt the child for personal information. However, providing personal information is not a requirement for continuing the conversation. If personal information is voluntarily provided by the child during a Voice Interaction, it may be used to enhance the conversational experience with the Device.
This information is temporarily utilized by a third-party artificial intelligence service to generate responses during the conversation. Importantly, this third party does not retain the information beyond the duration of the conversation, nor is it used for training or any other purposes. The generated responses, influenced by the provided personal information, are converted from text to speech for audio output, ensuring a seamless interaction.
The Device stores a written record of the child's conversations for up to 90 days to enhance the conversational experience and allow parents to review transcripts of these interactions. Parents have the option to delete these transcripts sooner through the App. For the purpose of improving our devices for all users, we may also keep a written record of the Voice Interactions, including any personal information shared during those conversations, for up to 90 days, unless a parent chooses to delete it earlier.
We leverage the information collected automatically via technology, along with other non-personal information, to enhance the functionality of our Website, App, and Device. This enables us to:
Gauge our audience size and understand usage patterns.
Monitor progress through the onboarding process.
Detect and resolve any bugs in the Website, App, or Device.
Additionally, the App and Device may collect non-specific location information such as zip code, time zone, and similar details to provide localized content and information more effectively.
We do not share, sell, rent, or transfer children's personal information, except as outlined in this section. We may disclose information in aggregate form that does not personally identify any individual. Additionally, children's personal information may be disclosed under the following circumstances:
To third-party service providers that support the internal operations of our Website, Device, and App.
When required by law or legal processes, such as complying with court orders, subpoenas, or responding to government or regulatory requests.
When we believe it's necessary to protect the rights, property, or safety of the Company, our customers, or others. This includes:
(i)Ensuring the safety of a child.
(ii)Securing the Website, App, or Device.
(iii)Taking precautions against liability.
To law enforcement or in investigations related to public safety.
In the event of a corporate transaction, such as a merger, divestiture, restructuring, reorganization, dissolution, or sale or transfer of some or all of the Company’s assets, the personal information we hold may be transferred to the buyer or other successor.
You have the right at any time to review your child's personal information that we hold, request corrections or deletions, and/or refuse to allow any further collection or use of your child's information.
To review, modify, or delete your child's personal information, please contact us by email at legal@haivivi.com. To safeguard your privacy and security, we may ask you to follow specific steps or provide additional details to confirm your identity before we can disclose, amend, or delete any information.
The following operators are involved in the collection or maintenance of personal information from children through our App or Device.
Operator Name
ElevenLabs
OpenAI
Microsoft
Amazon Web Services, Inc.
Cloudflare
At Haivivi, we employ a comprehensive approach to security, incorporating technical, administrative, and physical safeguards designed to protect the information we collect against loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, it's important to acknowledge that no internet or email transmission can be guaranteed to be completely secure or error-free. As such, while we strive to protect your information, we cannot assure or warrant the absolute security of any information or communication.
Our services operate on a global scale, which means your information may be stored and processed in the United States as well as in other countries outside of the United States. These countries may have data protection laws that are different from those in your own country. Additionally, under certain conditions, your data may be accessed by law enforcement and national security authorities in these countries.
By using our Services or providing us with any information, you are consenting to the collection, processing, storage, and transfer of your information in and to the United States and other countries where data protection laws might not offer the same level of protection as those in the country where you reside or are a citizen.
Our Services may include links to websites or services operated by third parties. Please be aware that we do not control these external sites or services, nor are we responsible for their content or their privacy practices. The handling of your information by these third-party sites or services will be governed by their own privacy policies, not ours. We strongly encourage you to review the privacy and security policies of any third parties before sharing your information with them.
We reserve the right to update this Policy in response to developments in legal standards, our information handling processes, or the features of our Services. The date of the most recent revision will be clearly marked at the top of this Policy. In the event of a significant change, we will provide you with a conspicuous notice as required by law. Your continued use of our Services after any such updates take effect constitutes your acceptance of the revised Policy and your agreement to be bound by its terms. We encourage you to regularly review this Policy to ensure you are informed of any changes.
If you have any questions about our privacy policy or information practices, please submit a request through our official website https://haivivi.com or contact us directly by sending an email: legal@haivivi.com