Effective date: January 19, 2023
Oooh, Inc. (“Oooh,” “we,” “our,” or “us”) is committed to protecting the privacy of all users of the Oooh mobile application and associated services (together, referred to as the “Platform”). Please note that Oooh is the data controller of the information collected from and about you as you use the Platform.
The Information We Collect and How We Use It
Oooh is a social activity platform that allows users to watch, participate in, and create interactive content with other users and creators. Below we have summarized how and when we collect information to provide these features and how we use it. These activities will in part depend on what type of user you are (i.e., general user or a creator). Please note that if you choose not to share certain information with us, some features may not function as intended or at all. This section discusses our information practices with respect to each type of user.
1. Information We Collect from Both Users and Creators
We collect the following types of information from users of the Platform, and use it in the following ways:
- Contact Information. When you register to use the Platform, we collect an email address and phone number to provide further instructions related to using the Platform and to send Platform updates.
- Your contacts. With your permission through the Platform, we will access phone numbers from your device contacts (and store them in a hashed form) so we can notify you when a contact joins the Platform and so you can invite contacts to join. This access can be turned off through device settings at any time.
- Financial and commercial information. Credit card numbers or other third-party payment information are collected by our third-party payment processors or the applicable app store where you make a purchase to process payments and fulfill your transactions with us. We collect and use records of your transactions with us to fulfill your orders.
- Video, Audio and Other Content. Users have the ability to create video and other audio-visual content that may contain their image, likeness, voice or written text. Such content can be viewed by any creators to which you submit that content, and also to other users if that content has gone through moderation and either (i) has been selected by a creator (by incorporating or featuring such content) or (ii) you have earned an achievement (such as by topping a leaderboard or completing a skill). If you participate on the Platform , other users may view the content you post. In addition, if you share content with others, they have the ability to respond or react to your content, which may include using your content within a new work of content they create. Users are responsible for the video and audio content that they choose to post on the Platform. If your video or audio content contains the image or voice of another person, please be sure you have their permission before posting. Other users are able to download and share links to the content you share on the platform.
We may also collect information about the images and video that are a part of your content, such as objects and/or body or face landmark locations (“Positional Data”) within an image or video that appear in your ooohs when you decide to join an oooh. We collect Positional Data to allow users to add special effects to their content, to facilitate interactivity (e.g., AR-like video gameplay), for content moderation, and for other similar content enhancement purposes. THIS INFORMATION IS NEVER USED TO IDENTIFY YOU, OR ANY SPECIFIC FACES OR BODIES.
In most cases any Positional Data is not stored by our servers and is only computed and rendered locally on your device before being discarded from your device. Some of our ooohs use this Positional Data to see how it changes in order to create a score, which is all done locally on a user's device (never transmitted or stored by us) and then this data is discarded.
For example, in an oooh called “Try Not to Laugh” the app on your device will look at a small set of face landmark points, to determine if your mouth moved up while you were recording that oooh (if it does your score drops, and at the end all we record and store is your score for that oooh).
In other ooohs, we may create and store a scoring template of changes in Positional Data so that one user's recorded oooh can be scored relative to another user. To do this, we observe where feature landmarks (e.g., the outline of a ball (object data), your mouth (face landmark data), a shoulder (body landmark data)) are located and how they change during the course of that oooh.
For example, in an oooh called “Dance Battle” a user makes a video of themselves doing a dance (they are the 'host' of this oooh), and while recording this oooh our technology observes the locations of the host’s shoulders or elbows throughout the dance. A player who then chooses to join that oooh records themselves trying to recreate that dance as closely as possible. Our technology compares this player’s Positional Data (e.g., where their shoulders are in the video) vs. the host's on the player’s device to create a score. That player's specific Positional Data is never stored or transmitted by us and is discarded after the score is generated.
In the limited cases where Positional Data a user creates is stored on our servers (or stored locally on a user’s device) it is always able to be deleted by that user by deleting the oooh where the Positional Data is bound. We never separate or copy any Positional Data a user might create from the oooh that it was created in and it is bound to, nor do we share Positional Data with any 3rd parties.
In some cases we may also use this data as an 'anti-cheat' or verification to check that a user was actually on camera during the recording of that oooh, to help foster a more trusting environment and validate that real users' participation and skill were responsible (and therefore not 'bots' or some other mechanism for cheating) for the actions taken in the oooh.
- Survey responses & feedback. From time to time, we may request or you may provide feedback, including via surveys, regarding the Platform and its features. We will use this information solely for purposes of enhancing and improving the Platform.
- Customer support. If you submit a question to us seeking customer support or making a general inquiry, we may collect your name and email and any other information you provide. We will use this information to respond to your request and to monitor our customer service responses.
2. Information We Collect from Creators
We collect and use all of the same information from and about creators as we collect from users of the Platform as discussed above, as well as the following, additional information, which we use to determine your eligibility to be an Oooh creator, to establish creator profiles, for analytics, and to provide and promote the Platform:
- Contact information. We will collect basic contact information from you, including your first name, last name, e-mail address, mailing address, and country.
- Financial and commercial information. We collect credit or payment card numbers (through our third-party payment processor) or other third-party payment information (such as PayPal) to process payments or provide payments to you.
- Social Media Information. Depending on how we originally connect with you about becoming a creator, we may also ask you to provide your various social media handles from third-party platforms, your total number of online followers, your opinion on why you should be chosen as a creator, and other information about you and your creations.
- Follower data. If you are chosen as a creator, we will provide you with your own link to use on social media or in email to attract followers to the Oooh Platform. These links will include certain tracking technologies (such as web beacons) that allow us to track how many users come to our Platform via your links.
In addition to the purposes outlined above, we may use user data to enforce our Terms and policies, to detect fraud, to protect the Platform and its users, and to comply with applicable law,
3. Aggregate/De-Identified data
We may aggregate and/or de-identify any information collected through the Platform from all types of users so that such information can no longer be linked to you or your device (“Aggregate/De-Identified Information”). We may use Aggregate/De-Identified Information for any purpose, including without limitation for research and marketing purposes, and we may also share such information with any third parties, including with our partners.
4. Legal Bases for Use of Your Information
Some countries require that companies only process your information if they have a “legal basis” (or justifiable need) for processing it. To the extent those laws apply, our legal bases for processing your information are as follows:
- Where your information is necessary to perform our obligations pursuant to a contract (or pending contract) with you. For example, we will process your information to comply with our Terms of Service, to enter into a contract with you, and to honor our commitments in any contracts that we have with you.
- Where your information is necessary for our legitimate interests or the legitimate interests of others. For example, we will process your information to operate our business and our Platform; identify and fix any issues with our Platform; provide security for our Platform; learn more about how our customers use the Platform; perform internal analytics and research concerning the Platform; improve the Platform and users’ experiences with the Platform; test and create new Platform features; provide you with information about new products, special offers or other information that we think you may find interesting using the email address which you have provided; make and receive payments; comply with legal requirements and defend our legal rights; and prevent fraud.
- Where use of your information is necessary for us to comply with our legal obligations. For example, we will process your information to comply with tax laws.
- Where we have your consent. For example, where a country requires that we obtain your consent before we process certain data, we will seek your consent in accordance with those countries’ requirements.
How We Disclose Information
We may share or disclose information collected from creators and users in the following circumstances:
- With our service providers in order for them to perform services on our behalf (such as Platform moderators who assist us in keeping the Platform safe)
- With our current and future investors and advisors, who are assisting us in further developing our Platform
- As permitted or required by law, including in response to a court order or a subpoena
- To protect the safety of a user, to prevent a crime, or to facilitate a public safety investigation
- To take precautions against liability
- To protect the security or integrity of our Platform
- If we are involved in a merger, acquisition, or sale of assets, user and creator information may be among the information shared, and we will comply with applicable legal notice and consent requirements if we ever share information in this way
Also, please note that because Oooh is an interactive, social platform, any content you post, games you play, or leaderboard information can be seen by other users and creators. Such content may be shareable both on and off the Platform. For example, if you upload content in response to a creator, the creator may re-post that content. It will then be viewable by other users, including the creator’s followers. Content you share may also be viewable in your profile, and/or with users, groups or communities you choose to share with.
Accordingly, please think carefully about what you post on the Platform and how you use the Platform.
Your Rights and Choices
a. General Rights
Depending on your jurisdiction of residence, you may have the right to make certain requests regarding your “personal information” or “personal data” (as such terms are defined under applicable law, and collectively referred to herein as “personal information”). Specifically, you may have the right to ask us to:
- Inform you about the categories of personal information we collect or disclose about you; the categories of sources of such information; the business or commercial purpose for collecting your personal information; and the categories of third parties with whom we disclose personal information.
- Provide you access to and/or a copy of certain personal information we hold about you.
- Correct or update personal information we hold about you.
- Delete certain personal information we have about you.
- Provide you with information about the financial incentives that we offer to you, if any.
As provided in applicable law, you also have the right to not be discriminated against for exercising your rights. Please note that certain information may be exempt from such requests under applicable law. For example, we need to retain certain information in order to provide our services to you. We also need to take reasonable steps to verify your identity before responding to a request, which may include, at a minimum, depending on the sensitivity of the information you are requesting and the type of request you are making, verifying your name and email address. You are also permitted to designate an authorized agent to submit certain requests on your behalf. In order for an authorized agent to be verified, you must provide the authorized agent with signed, written permission to make such requests or a power of attorney. We may also follow up with you to verify your identity before processing the authorized agent’s request.
How to exercise your rights. To exercise your rights, please contact us at email@example.com.
Depending on applicable law, you may have the right to appeal our decision to deny your request, if applicable. If we deny your request, we will provide you with information on how to appeal the decision, if applicable, in our communications with you.
b. Opting Out of Marketing Emails
You can unsubscribe from our marketing emails via the unsubscribe link provided in the emails. Please note that it may take us some time, consistent with our legal obligations, to process your request. Even if you opt out from receiving marketing messages from us, you will continue to receive administrative messages from us, such as order confirmations, updates to our policies and practices, or other communications regarding our relationship or transactions with you.
Important Information for California Residents
If you are a California resident, California law may require us to provide you with additional information regarding how we collect, use, and share your “personal information” (as defined in the California Consumer Privacy Act (“CCPA”)).
1. Categories of Personal Information We Collect and How We Use and Share Them
- Personal identifiers (such as name, user email address, phone number, and parent email address)
- Device identifiers (such as IP address)
- Internet or other network or device activity (such as usage information)
- Geolocation information (e.g., your approximate location based on IP address and the country you provide)
- Physical characteristics or description (including your image or voice)
- Visual and audio materials (from videos you post)
- Other information that you provide (including your social media handles and favorite apps)
We use and share the categories of personal information we collect from and about you consistent with the various business purposes we discuss throughout this Policy. See the “The Information We Collect and How We Use It” and “How We Disclose Information” sections above for more information. Please note that the CCPA sets forth certain obligations for businesses that “sell” personal information to third parties. We do not engage in such activity.
2. Your California Privacy Rights
To make requests regarding your information, please see the "Your Rights and Choices" section above.
3. California Shine the Light Disclosure
If you are a resident of California, you can request a list of all the third parties to which we have disclosed certain personal information (as defined by CA law) during the preceding year for those third parties’ direct marketing purposes. However, we do not share personal information (as defined by such law) with third parties for their direct marketing purposes.
How We Protect Your Information
We use a variety of administrative, technical, and physical safeguards to protect your information against accidental or unlawful destruction or loss, alteration, or unauthorized access. However, no method of transmission over the Internet, and no means of electronic or physical storage, is absolutely secure.
Retention of Your Information
We keep your information for no longer than necessary for the purposes for which it is processed. The length of time for which we retain information depends on the purposes for which we collected and use it and/or as required to comply with applicable laws.