LAST UPDATED: June 1, 2020
By using the App you understand that you are sharing information with both Colgate and Kolibree.
“Personal Data” is data that identifies you as an individual or relates to an identifiable individual, such as email address. The kinds of personal information that we collect and hold about you may include:
identifying information, such as your year of birth and your child’s name;
contact information, such as your email address;
usernames and passwords that you create when registering for an account with us; and
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 in connection with account creation.
Use of Personal Data
We and our service providers use Personal Data for legitimate business purposes, including:
To provide the functionality of the App and fulfill your requests.
To provide the App’s functionality to you, such as allowing you to follow your child’s brushing progress and providing 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 analyze Personal Data to provide personalized or improved services.
To better understand you, 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 App so that we can improve it.
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 App.
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 App are of most interest to users.
For operating and expanding our business activities, including understanding which parts of the App 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 Information:
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 or insurance company. You may also choose to share your data in connection with research studies.
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 Other Data that does not reveal your specific identity, such as your date of birth. All Other Data has been de-identified by us.
Through your device
Certain data is collected automatically through your device or browser, such as your screen resolution, operating system, device manufacturer and model, language, default country setting, Internet browser type and version, and wireless carrier. We use this data to ensure that the App functions properly and understand how it is used. If you are a parent or guardian, we use the device ID to send you push notifications, such as to remind you to view your child’s brushing progress.
Through your use of the App
When you download and use the App, we will collect data about your use of the App, such as the version of the App you are using, the 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. We use this data to understand how the App is used, including which features and interactions help improve brushing technique. We also use the data to improve the App and to design new features and games.
Using tracking technologies
We may use tracking technologies to recognize you as you use the App, so that we can understand how the App is 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 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. We also derive your approximate location from your IP address.
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.
You may contact Colgate using the form under “Contacting Colgate,” below, and Kolibree at email@example.com if you would like to request to review, correct, update, suppress, restrict, or delete 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 App to you (for example, for as long as you have an account with us or keep using the App);
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 App.
OUR COLLECTION OF DATA FROM CHILDREN
When a child uses the App, we collect data about the child’s device (such as platform, device type, wireless carrier, operating system, language, and country), as well as the child’s city and region and the version of the App that he or she is using. We use this data to understand how the App is used and to improve it.
If a child’s parent or guardian provides consent, we collect the child’s first name and age, his or her brushing data (frequency, duration, areas of the mouth brushed, etc.), and the data described above, under “Other Data.” We use this data for the purposes described above, under “Use of Personal Data” and “Disclosure of Personal Data.”
A child may allow the App to take his or her photo, which we do not collect. The photo remains on the child’s device.
A parent or guardian may provide his or her email address and a password in order to create an account and then be able to view the brushing behavior of a child who uses the App on the same device as the parent or guardian.
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, or delete, the Personal Data we have collected from your child, please contact us as described in the “Contacting Colgate” and “Contacting Kolibree” sections, 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, affiliates or in which we engage service providers, and, by using the App, you understand that your data will be transferred to countries outside of your country of residence, including the United States or Ireland, 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. Colgate’s current service provider in the United States has self-certified to the EU-U.S. Privacy Shield. By using the Magik 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.
Unless we specifically request it, we ask that you not send us, and you not disclose, any sensitive Personal Data (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background, or trade union membership) on or through the App or otherwise to us.
Once the Privacy Officer has received your Personal Information Handling Form, the Privacy Officer will respond to your enquiry as promptly as possible. There are certain circumstances where access may be denied and if any of these circumstances apply, the Privacy Officer will notify you accordingly.
ADDITIONAL INFORMATION FOR THE EEA
You also may 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