Last Updated: January 2023
By using the Services you understand that you are sharing information with both Colgate and Kolibree.
PLEASE SEE BELOW FOR OUR POLICY REGARDING OUR COLLECTION OF DATA FROM U.S. CHILDREN UNDER AGE 13 AND CHILDREN OUTSIDE THE U.S. UNDER AGE 16.
“Personal Data” is data that identifies you as an individual or relates to an identifiable individual, such as:
- First and last name
- Postal address
- Telephone number
- Email address
- Profile picture
- Social media account ID
Personal Data also includes sensitive Personal Data
Collection of Personal Data
We and our service providers collect Personal Data in a variety of ways, including:
- Through the App
- We collect Personal Data through the App, such as when you provide your email address or a profile photo in connection with account creation.
- Through the Site
- We collect Personal Data through the Site, such as when you purchase products, contact us via chat or email, or subscribe to our newsletter.
- From Other Sources
- If you connect your social media account to your Services account, you will share your email address from your social media account with us.
Data the App Uses in Real-Time
The technology used to evaluate your tooth brushing, which includes algorithms that analyze your brushing technique, is run in real time on your device and collected or captured by Colgate. Colgate does not use this technology to identify you.
Use of Personal Data
We and our service providers use Personal Data for legitimate business purposes, including:
- To provide the functionality of the Services and fulfill your requests.
- To provide the Services’ functionality to you, such as, if you use the App, providing you with a weekly review of your brushing activity and providing you with related customer service.
- To provide you with related customer service.
- To send administrative information to you, such as changes to our terms, conditions, and policies.
- We will engage in these activities to manage our contractual relationship with you and/or to comply with a legal obligation.
- To provide you with surveys and our newsletter and other marketing materials.
- We will engage in this activity with your consent or where we have a legitimate interest.
- To analyze Personal Data to provide personalized or improved services.
- To better understand you (including, if you use the App, your brushing habits), so that we can personalize our interactions with you and provide you with content, information, and/or offers tailored to your interests.
- To analyze your use of the Services so that we can improve them.We will provide personalized services either with your consent or because we have a legitimate interest.
- To aggregate, de-identify, and/or anonymize Personal Data
- We may aggregate, de-identify, and/or anonymize Personal Data so that it will no longer be considered Personal Data. We do so to generate other data for our use, which we may use and disclose for any purpose.
- To accomplish our business purposes.
- For data analysis, such as to improve the efficiency of the Services.
- For audits, to verify that our internal processes function as intended and are compliant with legal, regulatory, or contractual requirements.
- For fraud and security monitoring purposes, such as to detect and prevent cyberattacks or attempts to commit identity theft.
- For research and developing new products and services.
- For enhancing, improving, or modifying our current products and services.
- For identifying usage trends, such as understanding which parts of the Services are of most interest to users.
- For determining the effectiveness of our promotional campaigns, so that we can adapt them to our users’ needs and interests.
- For operating and expanding our business activities, including understanding which parts of the Services are most used so we can focus our energies on meeting our users’ interests.
- We engage in these activities to manage our contractual relationship with you, to comply with a legal obligation, and/or because we have a legitimate interest.
Disclosure of Personal Data
We disclose Personal Data:
- You can consult the list and locations of Colgate’s affiliates here.
- Kolibree’s affiliates are Kolibree Inc., Baracoda Ltd, Kaertech SAS, Kaertech Ltd., Flaminem Inc., Flaminem Factory SAS, Radioline SAS and CareOS. Kolibree’s affiliates are located in Europe, the U.S., and Hong Kong.
- To our third-party service providers, to facilitate services they provide to us.
- These can include providers of services such as research and development, marketing, cloud and website hosting, data analysis, information technology, and customer service.
- When you elect to disclose your Personal Data.
- You or we may share your Personal Data when you consent to or request such sharing, or when, in the case of a child, the child’s parent or legal guardian consents to such sharing. For example, you may ask us to share your Personal Data, along with data about your brushing activity with your dentist. You may also choose to share your data in connection with research studies.
- You may choose to share your Personal Data when you post a product review or a comment in response to a blog post on the Site. Please note that any data you post or disclose by doing so will become public information.
Other Uses and Disclosures
We also may use and disclose your Personal Data as necessary or appropriate when we have a legal obligation or legitimate interest to do so:
- To comply with applicable law and regulations.
- This can include laws outside your country of residence.
- To cooperate with public and government authorities.
- To respond to a request or to provide information we believe is important.
- These can include authorities outside your country of residence.
- To cooperate with law enforcement.
- For example, to respond to law enforcement requests and orders or provide data we believe is important.
- For other legal reasons.
- To enforce our terms and conditions; and
- To protect our rights, privacy, safety, or property, and/or that of our affiliates, you, or others.
- In connection with a sale or business transaction.
- We have a legitimate interest in disclosing or transferring your Personal Data to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings). Such third parties may include, for example, an acquiring entity and its advisors.
Collection of Other Data
We and our service providers may collect Other Data in a variety of ways, including:
- Data you provide
- We ask you to provide data that does not reveal your specific identity, such as your first name, date of birth, gender, and whether you are left- or right-handed.
- Through your device
- Certain data is collected automatically through your device or browser, such as a device ID, your screen resolution, operating system, device manufacturer and model, language, default country setting, and Internet browser type and version. We use this data to ensure that the Services function properly. We use the device ID to send you push notifications, subject to your consent (or parental consent) where required by applicable law.
- Through your use of the App
- When you download and use the App, we will collect your toothbrush serial number, as well as data about your use of the App, such as games and other features used and the dates and times of your interactions with the App. We also collect data about your brushing, such as time spent brushing, frequency of brushing, areas of the mouth brushed, and position of the toothbrush (including but not limited to when you brush in connection with a game), whether you have been to the dentist in the last 6 months, whether you have replaced your toothbrush in the last 4 months and whether you have any oral health symptoms (i.e. Bad breath, Dry mouth, Grinding teeth, Gum bleeding, Jaw clicking, Jaw pain, Plaque, Receding gums, Sensitivity, Sore, Tartar, Teeth stains, Toothache or other additional symptoms).
- Using cookies
- Using tracking technologies
- We may use tracking technologies to recognize you as you use the Services, so that we can understand how the Services are used and optimize user engagement. We may also use pixel tags (also known as web beacons and clear GIFs) in the emails we send, to track recipients’ actions and response rates.
- We use Google Analytics, which uses tracking technologies to collect and analyze data about use of the Services and to report on activities and trends. This service may also collect data regarding the use of other websites, apps and online resources. You can learn about Google’s practices by going to https://www.google.com/policies/privacy/partners/.
- IP Address
- We collect your IP address, which is automatically assigned to your device by your Internet service provider. An IP address may be identified and logged when you access the App, along with the time of the visit. We use IP addresses for purposes such as calculating usage levels, diagnosing problems, and administering the App.
Uses and Disclosures of Other Data
We may use and disclose Other Data for any purpose, except where we are prohibited from doing so under applicable law. In some instances, we may combine Other Data with Personal Data. If we do, we will treat the combined data as Personal Data as long as it is combined.
We seek to use reasonable organizational, technical, and administrative measures to protect Personal Data within our respective organizations. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us in accordance with the “Contacting Us” section below.
CHOICES AND ACCESS
Your choices regarding our use and disclosure of your Personal Data
We give you choices regarding our use and disclosure of your Personal Data for marketing purposes. You may opt-out from:
- Receiving electronic communications from us:
- If you no longer want to receive marketing-related emails from Colgate on a going-forward basis, you may opt out by following the instructions contained in each Colgate marketing-related email.
- If you no longer want to receive marketing-related emails from Kolibree on a going-forward basis, you may opt out by following the instructions contained in each Kolibree marketing-related email.
- Receiving push notifications from us: You may stop the receipt of push notifications through your device settings.
- We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt-out of receiving marketing-related emails from us, we may still send you important administrative messages, from which you cannot opt-out.
How you can access or change your Personal Data
You may delete your account and update or correct certain of your Personal Data through your Services account settings.
You may also contact Colgate at firstname.lastname@example.org and Kolibree at email@example.com if you would like to request to review, correct or update Personal Data that you have previously provided to us, or if you would like to request to receive an electronic copy of your Personal Data for purposes of transmitting it to another company (to the extent this right to data portability is provided to you by applicable law). We will each respond to your request consistent with applicable law.
In your request, please make clear what Personal Data you would like to have changed. For your protection, we may only implement requests with respect to the Personal Data associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable.
Please note that we may need to retain certain data for recordkeeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion.
We retain Personal Data for as long as needed or permitted in light of the purpose(s) for which it was obtained and consistent with applicable law.
The criteria used to determine our retention periods include:
- The length of time we have an ongoing relationship with you and provide the Services to you (for example, for as long as you have an account with us or keep using the Services);
- Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep transaction records for a certain period of time before we can delete them); or
- Whether retention is advisable in light of Colgate’s or Kolibree’s legal position (such as in regard to applicable statutes of limitations, litigation, or regulatory investigations).
THIRD PARTY SERVICES
In addition, we are not responsible for the data collection, use, disclosure, or security policies or practices of other organizations, such as Facebook, Apple, Google, Microsoft, Blackberry, or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider, or device manufacturer, including with respect to any Personal Data you disclose to other organizations through or in connection with the Services.
THIRD PARTY PAYMENT SERVICE
OUR COLLECTION OF PERSONAL DATA FROM CHILDREN
The Site is not directed to children, and we do not knowingly collect Personal Data from children on the Site.
When an App user who is under the age of 13 (for U.S. users) or 16 (for non-U.S. users) seeks to create an account (a “child accountholder”), we collect his or her first name and the email address of his or her parent or guardian, in order to seek the consent of the parent or guardian to our collection of Personal Data from the child. We and our service providers also collect the data described above, under “Other Data,” from child accountholders. If we receive the consent of the child’s parent or guardian, then we may also collect the child’s email address and profile photo.
We use and disclose a child accountholder’s Personal Data as described above, under “Use of Personal Data” and “Disclosure of Personal Data.”
If you would like to review the Personal Data we have collected from your child, or if you would like to ask us to make no further use of the Personal Data we have collected from your child, please contact us as described in the “Contacting Us” section, below. In your request, please include your name and email address, and specify the action you would like us to take. For your child’s protection, we may need to verify your identity before implementing your request.
JURISDICTION AND CROSS-BORDER TRANSFER
Your Personal Data may be stored and processed in any country where we have facilities or in which we engage service providers, and, by using the Services, you understand that your data will be transferred to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies, or security authorities in those other countries may be entitled to access your Personal Data.
Additional Information regarding Australia: Colgate has put in place intercompany data transfer agreements and data security exhibits with its service providers to protect the storage, processing and handling of your Personal Data in the United States. By using the App, you consent to the disclosure of your Personal Data to overseas recipients and you acknowledge that Colgate will not be taking further reasonable steps in the circumstances to ensure that overseas recipients of your Personal Data do not breach the Australian Privacy Principles (other than Australian Privacy Principle 1) in relation to that Personal Data. This means that if the overseas recipient handles your Personal Data in breach of the Australian Privacy Principles, the entity will not be accountable under the Privacy Act, and you will not be able to seek redress under the Privacy Act.
Additional Information Regarding the European Economic Area (“EEA”): Some of the non-EEA countries are recognized by the European Commission as providing an adequate level of data protection according to EEA standards (the full list of these countries is available here. For transfers from the EEA to countries not considered adequate by the European Commission, we have put in place adequate measures, such as standard contractual clauses adopted by the European Commission, to protect your Personal Data. You may obtain a copy of these measures here.
ADDITIONAL INFORMATION FOR THE EEA
You also may:
Contact Colgate’s data protection officer responsible for Germany, if necessary:
HEC Harald Eul Consulting GmbH
Datenschutz + Datensicherheit
Auf der Hoehe 34
Tel.: +49 2232 1885-210
Fax: +49 2232 200-884
Contact Kolibree’s data protection officer responsible for France, if necessary:
Cabinet Dézavelle-Livowsky & Associés
11 rue Théodule Ribot
Tel.: +33 1 4227 7349
Lodge a complaint with a data protection authority for your country or region or where an alleged infringement of applicable data protection law occurs. A list of data protection authorities is available here.
ADDITIONAL INFORMATION FOR AUSTRALIA
We try to meet the highest standards in order to protect your privacy. However, if you are concerned about the way in which we are managing your Personal Data and Other Data and think we may have breached the Australian Privacy Principles, or any other relevant obligation, please contact us using the contact details set out above. Complaints must be lodged in writing. We will deal with the matter within a reasonable time, and will keep you informed of the progress of our investigation.
If we have not responded to you within a reasonable time or if you feel that your complaint has not been resolved satisfactorily, you can contact us to discuss your concerns. You are also entitled to make a complaint to the Office of the Australian Information Commissioner (OAIC). Contact details can be found at the OAIC’s website: www.oaic.gov.au