We may disclose Personal Information that we collect or you provide as described in this Privacy Policy (whether directly or automatically) to the following categories of third parties for the enumerated processing activities:
To our Third-Party Applet Creators, (i) (a) in order to facilitate your access to and use of Applets and the operation of the Curious App or (b) in connection with the administration or maintenance of your administrator account, as applicable and (ii) to enable the Third-Party Applet Creators to use your Personal Information to conduct studies or surveys, or otherwise provide the products and services you request.
To our third-party service providers, including fraud screening providers, hosting providers and other third-party service providers (the foregoing “Service Providers”), to provide application and website development, hosting, data storage, maintenance, accounting, legal, advisory and other services for us.
To third parties as permitted or required to do so by applicable law or regulation or in the good-faith belief that such action is necessary to take precautions against liability; to comply with various reporting obligations; to protect ourselves and our other users from fraudulent, abusive, or unlawful uses or activity; to protect the security or integrity of the Site or Curious App; to investigate and defend ourselves against any third-party claims or allegations; to assist government enforcement agencies; to comply with state and federal laws; or in response to a court order, judicial or other government subpoena or warrant.
To a buyer, investor or other successor in the event of a business transaction such as a divestiture, merger, consolidation, investment or asset sale, whether as a going concern or in the unlikely event of a bankruptcy or similar proceeding.
To any other third party in any way we may describe to you when you provide such information, to fulfill any other purposes for which you provide such information or for any other purpose with your consent or at your direction.
Additionally, we may disclose aggregated information about our users, and information that cannot independently be used to identify any individual, without restriction.
6. Your Choices.
You may, of course, decline to share certain information with us, in which case we may not be able to provide to you some of the features and functionality of the Site or the Curious App or certain of our services.
Once you have registered for an account, you or, where applicable, your parent, may request updates, corrections, or deletion of your profile information and preferences at any time by submitting a support ticket.
7. Our Commitment to Children’s Privacy.
Protecting the privacy of young children and minors is especially important, and CMI is committed to providing a safe and secure online experience for children who visit the Site, or use the Curious App, and their families. Consistent with the Children’s Online Privacy Protection Act of 1998 (“COPPA”), CMI does not knowingly collect, use or disclose Personal Information from anyone under the age of thirteen (13) via the Site or, in connection with the Curious App, without prior verifiable parental consent.
Users under the age of thirteen (13) may not access any Applets via the Curious App simply by creating a Curious App account unless instructed by the applicable Third-Party Applet Creator. Third-Party Applet Creators are required to obtain verifiable parental consent before providing access instructions to any minor users for their research purposes.
8. Notice to Parents or Guardians of Curious App Child Users
A. Collection of Your Child’s Personal Information on Behalf of Our Third-Party Applet Creators.
As noted above, the Curious App offers a variety of Applets that collect information (including health-related information) from your child. We offer the Curious App and related services on behalf of our Third-Party Applet Creators, some of which primarily target children, and others that are intended for users of all ages. Accordingly, in connection with our administration of the Curious App, we collect and process certain identifiers about your child, as further described below, as well as host additional information that may constitute Personal Information on behalf of our Third-Party Applet Creators. Specifically, when operating on behalf of our Third-Party Applet Creators, we store information, including information that may constitute Personal Information, about your child; however, we do not use this information or disclose it to any third parties other than the Third-Party Applet Creator that directed your child to download and use the Curious App in connection with administration of the Third-Party Applet Creator’s Applets . For further information regarding the collection and processing of your child’s information collected via the Applets, please see the privacy policies or other terms of use provided by the relevant Third-Party Applet CreatorThird-Party Applet Creator
To register for an account with the Curious App, your child will need to provide certain identifiers, such as their name, an email address and password; this account will allow your child to access and use Applets as directed by the relevant Third-Party Applet Creator working with your child and such information will not be made publicly available. To be clear, your child will not be able to access any Applets via the Curious App simply by creating a Curious App account unless instructed by the applicable Third-Party Applet Creator. Other than this limited information, we will not collect nor will we require your child to disclose more information than is reasonably necessary to register for a Curious App account or access or use the Applet(s).
You can request to review any Personal Information that we have collected on behalf of a Third-Party Applet Creator from your child, ask that such information about your child be deleted, or revoke your consent by contacting us via email at [email protected]. If you revoke consent, we will stop collecting and using information from your child.
In any instance that we collect Personal Information from a child, we will retain that information only so long as reasonably necessary to fulfill the activity request (i.e., administration of the relevant Applet(s)), to ensure the security of our users and our services, or otherwise as required by law. Additionally, other than as described in this Privacy Policy, we do not and will not disclose any such information about your child other than to the Third-Party Applet Creator in connection with administration of the Curious App and performance of the Applet(s), or to our Service Providers solely for the purpose of providing and maintaining the Curious App and related services.
9. Our Commitment to Data Security.
We follow generally accepted industry standards to protect the Personal Information submitted to us in order to protect against the loss, misuse or alteration of such information; however, no method of transmission over the Internet or of electronic storage is 100 percent secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot ensure or warrant the security of any information you transmit to us through the Site or the Curious Application, and you do so at your own risk.
We are not responsible for circumvention of any privacy settings or security measures contained on the Site or the Curious Application. Even after removal, copies of information that you have posted may remain viewable in cached and archived pages or if other users have copied or stored such information.
10. Visitors from Outside the United States.
The Site and Curious App are controlled and operated by CMI in the United States. If you are located outside the United States, and choose to access the Site or the Curious App, you should be aware that the laws of the United States may be deemed to have inadequate data protection by your country; you acknowledge that you will be transferring your information, including Personal Information, outside of those regions to the United States for storage and processing, as necessary to provide to you the services available through the Site or Curious App. Where required, we take all appropriate actions to comply with applicable legal frameworks relating to the collection, storage, use, and transfer of Personal Information.
If you are in the EEA or the UK, such actions we take to comply with cross-border data transfer rules under the applicable data protection laws, such as the General Data Protection Regulation (the “GDPR”), include entering into the Standard Contractual Clauses (“SCCs”) issued by the European Commission or the International Data Transfer Agreement or Addendum (“IDTA”) issued by the UK with the relevant counterparties, as appropriate. Where we transfer your data outside of the EEA or the UK based on the SCCs or IDTA, you may request a copy of such SCCs or IDTA or request further information in that respect. Where relevant and permissible under the applicable data protection law, we may also rely on one of the derogations under Article 49 of the GDPR to transfer your personal data (such as transfer of data that is necessary for the performance of our contract with you).
If you are in the EEA or the UK, the General Data Protection Regulation outlines your rights, which are as follows:
Access and portability: You may access a copy of your Personal Information that we process about you and have that data provided to you or transferred to another provider.
Correct: To request that CMI update or correct your Personal Information.
Delete: In certain circumstances, you may request that we delete your Personal Information from our systems by contacting us.
Restrict: You may request that we restrict processing of your Personal Information in certain circumstances (for example, where you believe that the Personal Information we hold about you is not accurate or lawfully held).
Object: You may object to CMI’s processing of your Personal Information in certain circumstances.
Withdraw: If we rely on your consent to process your Personal Information, you have the right to withdraw that consent at any time.
Complain: If you have a concern about our privacy practices, including how we handle your Personal Information, you may report it to the relevant data protection authority (for example the authority in the EEA member state where you reside) or, if you are in the UK, to the Information Commissioner’s Office.
Please note that some of these rights are not absolute and exemptions may apply in certain circumstances.
To exercise your rights or if you have any other questions about our use of your Personal Information, please contact us using the methods set forth in Section 12 below. Please note that we may request you to provide us with additional information in order to confirm your identity and ensure that you are entitled to exercise your rights.
Furthermore, if you are in the EEA or UK, depending on the specific Personal Information concerned and the factual context, when we process Personal Information, we rely on the following legal bases as applicable:
As necessary for our contract: When we enter into a contract (including our Terms) with you, we process your Personal Information on the basis of that contract in order to prepare and enter into the contract, as well as to perform and manage the contract (i.e., providing the Site or Curious App to you, communicating with you in the context of such contract, complying with contractual obligations, and related administration). Where we are relying on this legal basis, we may not be able to provide these activities if we do not process your Personal Information;
Consistent with consent: Where required by law, we also rely on your prior consent to conduct online marketing, including email marketing. You have the right to withdraw your consent at any time by contacting us using the methods set forth in Section 12 below.
As necessary to comply with our legal obligations: We process your Personal Information to comply with the legal obligations to which we are subject. This may include detecting, investigating, preventing, and stopping fraudulent, harmful, unauthorized, or illegal activity and includes compliance with applicable laws;
As necessary for our (or others’) legitimate interests: We process your Personal Information based on such legitimate interests to (i) develop, test, and improve our Site and Curious App; (ii) ensure authentication, integrity, security, and safety of us and other persons, including detect, investigate, and prevent activities that may violate our policies or be fraudulent or illegal; and (iii) comply with non-EEA and non-UK laws, regulations, codes of practice, guidelines, or rules applicable to us and respond to requests from, and other communications with, competent non-EU and non-UK public, governmental, judicial, or other regulatory authorities, as well as meet our corporate and social responsibility commitments, protect our rights and property and the ones of our users and partners, resolve disputes, and enforce agreements.
11. Changes and Updates to this Privacy Policy.
We reserve the right to make changes to this Privacy Policy at any time. If we make any material change to this Privacy Policy, we will post the updated Privacy Policy and indicate at the top of the Privacy Policy when it was last updated. Please revisit this page periodically to stay aware of any changes to this Privacy Policy. If you disagree with our Privacy Policy modifications, you may choose not to use or access our Site or the Curious App.
12. Our Contact Information:
Please contact us with any questions or comments about this Privacy Policy by e-mail at [email protected] or by phone at (212) 308-3118.
You can also contact us by mail via the following address: Attn: Curious Privacy; Child Mind Institute, 215 E. 50th Street, New York, NY 10022
13. California-Specific Information.
The following disclosures apply solely with respect to individuals who qualify as residents of the state of California pursuant to the California Consumer Privacy Act as amended by the California Privacy Rights Act (collectively, the “CCPA”). If you are a California resident, please note that other sections of this Privacy Policy also apply to our processing of your Personal Information, and therefore we encourage you to read our Privacy Policy above in its entirety in order to better understand our privacy practices with respect to your Personal Information.
A. What Categories of Personal Information Do We Collect and For What Purposes is this Information Collected?
As explained in our Privacy Policy in the sections titled “What Categories of Personal Information Do We Collect?” and “For What Purposes Do We Use and Process Personal Information?”, we collect or process, and have in the past twelve (12) months collected and processed, the following categories of Personal Information for the purposes described below:
Identifiers (e.g., your name, IP address, physical and/or mailing address, email address, mobile or other telephone number, and password (when you sign up for an account on the Curious App or for an administrator account through the Site to create Applets) or other similar identifiers)
Purpose of Collection:
To provide you with information you request from us or to fulfill any other purposes for which you provide such information.
To provide, maintain and administer your Curious App account, including in connection with the facilitation of Applets on behalf of our Third-Party Applet Creators.
To enable Third-Party Applet Creators to conduct studies or surveys, or otherwise provide the products and services you request.
To contact you for administrative purposes such as account recovery or to notify you of changes to the Site or the Curious App, our policies or our services.
To: (a) personalize our services, such as remembering your information so that you will not have to re-enter it during your visit or the next time you visit the Site or the Curious App; (b) provide customized content and information; and/or (c) improve our services.
For any other purpose for which we have your express consent.
For any other purpose we may describe to you when you provide such information.
Professional or employment-related information, (such as your name, business address, business email address or business mobile or telephone number)
Purpose of Collection:
To provide you with information you request from us or to fulfill any other purposes for which you provide such information.
To provide, maintain and administer your Curious App administrator account, including in connection with the creation of Applets.
To contact you for administrative purposes such as account recovery or to notify you of changes to the Site or the Curious App, our policies or our services.
For any other purpose for which we have your express consent.
For any other purpose we may describe to you when you provide such information.
Internet or other electronic network activity information (e.g., device address or ID; type of browser, operating system or equipment used to access the Site or the Curious App; usage details, such as the date and time you visited the Site or the Curious App, the Internet address of the site from which you linked to the Site or the Curious App, the links you follow from the Site or the Curious App; reading history and other analytics related to how you use and view the content we have provided via the Site or the Curious App)
Purpose of Collection:
To provide, maintain and administer your Curious App account, including in connection with the facilitation of Applets on behalf of our Third-Party Applet Creators.
To enable Third-Party Applet Creators to conduct studies or surveys, or otherwise provide the products and services you request.
To provide, maintain and administer your Curious App administrator account, including in connection with the creation of Applets.
To: (a) personalize our services, such as remembering your information so that you will not have to re-enter it during your visit or the next time you visit the Site or the Curious App; (b) provide customized content and information; and/or (c) improve our services.
For any other purpose for which we have your express consent.
For any other purpose we may describe to you when you provide such information.
Any other Personal Information provided by you, including in connection with your access to and use or creation of Applets.
Purpose of Collection:
To provide you with information you request from us or to fulfill any other purposes for which you provide such information.
To provide, maintain, and administer your Curious App account, including in connection with the facilitation of Applets on behalf of our Third-Party Applet Creators.
To enable Third-Party Applet Creators to conduct studies or surveys, or otherwise provide the products and services you request.
To contact you for administrative purposes such as account recovery or to notify you of changes to the Site or the Curious App, our policies or our services.
To: (a) personalize our services, such as remembering your information so that you will not have to re-enter it during your visit or the next time you visit the Site or the Curious App; (b) provide customized content and information; and/or (c) improve our services.
For any other purpose for which we have your express consent.
For any other purpose we may describe to you when you provide such information.
Such Personal Information may include Sensitive Personal Information, as that term is defined under the CCPA, in the event a Third-Party Applet Creator requests such information in its study or survey (for example, geolocation, racial or ethnic information, or religious beliefs). We do not use this information or disclose it to any third parties other than the Third-Party Applet Creator that directed you to download and use the Curious App in connection with administration of the Third-Party Applet Creator’s Applets.
* * *
As noted above, we also may process Personal Information that has been aggregated and/or de-identified as those terms are defined by the CCPA. Where we process de-identified information, we take reasonable measures to ensure such information cannot be associated with a particular consumer or household, commit to maintain and use such information in anonymized form and not attempt to re-identify such information and contractually mandate third parties to whom we disclose such information to adhere to the same obligations.
B. To Whom and For What Purposes Do We Disclose Your Personal Information?
As explained in our Privacy Policy in the section titled “To Whom and For What Purposes Do We Disclose Your Personal Information?”, we collect or process, and have in the past twelve (12) months collected and processed, the following categories of Personal Information for the business or commercial purposes described below:
To our Third-Party Applet Creators, (i) (a) in order to facilitate your access to and use of Applets and the operation of the Curious App or (b) in connection with the administration or maintenance of your administrator account, as applicable and (ii) to enable Third-Party Applet Creators to conduct studies or surveys, or otherwise provide the products and services you request.
Categories of Personal Information Disclosed: Identifiers; Professional or employment-related information; Internet or other electronic network activity information
To our third-party Service Providers, including fraud screening providers, analytics providers, hosting providers and other third-party service providers, to provide application and website development, hosting, data storage, maintenance, accounting, legal, advisory and other services for us.
Categories of Personal Information Disclosed: Identifiers; Professional or employment-related information; Internet or other electronic network activity information
To third parties as permitted or required to do so by applicable law or regulation or in the good-faith belief that such action is necessary to take precautions against liability; to comply with various reporting obligations. to protect ourselves and our other users from fraudulent, abusive, or unlawful uses or activity; to protect the security or integrity of the Site or Curious App; to investigate and defend ourselves against any third-party claims or allegations, to assist government enforcement agencies; to comply with state and federal laws or in response to a court order, judicial or other government subpoena or warrant.
Categories of Personal Information Disclosed: Identifiers; Professional or employment-related information; Internet or other electronic network activity information
To a buyer, investor or other successor in the event of a business transaction such as a divestiture, merger, consolidation, investment or asset sale, whether as a going concern or in the unlikely event of a bankruptcy or similar proceeding.
Categories of Personal Information Disclosed: Identifiers; Professional or employment-related information; Internet or other electronic network activity information; Any other Personal Information you provide
To any other third party in any way we may describe to you when you provide such information, to fulfill any other purposes for which you provide such information or for any other purpose with your consent or at your direction.
Categories of Personal Information Disclosed: Identifiers; Professional or employment-related information; Internet or other electronic network activity information; Any other Personal Information you provide
Additionally, we may disclose aggregated information about our users, and information that cannot independently be used to identify any individual, without restriction.
We do not “sell” or “share” (as such terms are defined in the CCPA) Personal Information for monetary or other valuable consideration. To the extent we have any Personal Information related to individuals under the age of eighteen (18), we have no actual knowledge that we “sell” or “share” (as such terms are defined in the CCPA) such individuals’ Personal Information.
C. Your California Privacy Rights
The CCPA provides California residents with the following privacy rights in connection with the collection and/or processing of their Personal Information:
Right to Know: Know what Personal Information we collect about you, including the categories of Personal Information collected, the categories of sources from which the Personal Information is collected, the business or commercial purpose for collecting, selling or sharing Personal Information, the categories of third parties to whom we disclose Personal Information and the specific pieces of Personal Information we have collected about you;
Right to Request Deletion: Request deletion of your Personal Information that we have collected or maintained, subject to certain exceptions;
Right to Correct: Request that we correct inaccurate Personal Information that we maintain about you;
Right to be Free from Discrimination and Retaliation: Not receive discriminatory treatment by us for the exercise of your privacy rights conferred by applicable the CCPA, including your right not to be retaliated against for the exercise of these rights; and
Right to Opt-out. As noted above, we do not “sell” or “share” Personal Information for monetary or other valuable consideration and therefore do not offer a right to opt-out of this processing.
As a service provider to Third-Party Applet Creators, we do not use or disclose Sensitive Personal Information for the purposes of inferring characteristics about you nor do we use such information for any other purpose other than as noted above or as expressly permitted by the CCPA, and therefore do not offer rights to limit our use or disclosure of such information.
D. Exercising Your California Privacy Rights
Method to Submit Your Requests. If you wish to exercise any of the rights listed above or if you consider that we have processed your Personal Information in violation of applicable law, by e-mail at [email protected] or by phone at (212)308-3118. You can also submit requests via https://Curious.org/privacy-request/.
Authorized Agents. The CCPA provides you with the right to appoint an authorized agent to make requests on your behalf; you may designate an agent to submit a request on your behalf using the methods described above. If you designate an authorized agent, (a) we may require you to provide your authorized agent with written permission to do so, and (b) for access, correction and deletion requests, we may require you to verify your own identity with us directly.
As disclosed above, we do not “sell” or “share” Personal Information, and therefore we do not currently recognize or respond to opt-out preference signals such as the Global Privacy Control.
Verification Procedures. To respond to your requests, we may ask you for at least two pieces of Personal Information and, for requests for specific pieces of Personal Information, we may ask you for at least three pieces of Personal Information, that we will match with data points we already have, in order to verify your identity to the degree of certainly required by applicable law. The information we require may vary depending on your relationship to us, and may include your full legal name, residential address, email, phone, as well information we may have on file about you or other information that may be necessary to verify your identity. If we are unable to verify your identity to the degree of certainty required by applicable law through any reasonable method, we will state in a written response to you that we are unable to verify it, along with a reason as to why there is no reasonable method by which we can verify your identity.
E. California’s Shine the Light Law
In addition, under California’s Shine the Light Law (California Civil Code Section 1798.83), if you are a California resident and your business relationship with us is primarily for personal, family or household purposes, you may request certain data regarding our disclosure, if any, of Personal Information to third parties for the third parties’ direct marketing purposes. We do not share Personal Information with third parties for such third parties’ direct marketing purposes.
* * *
