Privacy Policy

PLEASE READ THIS PRIVACY POLICY AND THE RELATED TERMS OF SERVICE CAREFULLY BEFORE USING THE HIHOVIDEO SERVICES. BY USING THE HIHOVIDEO SERVICES, YOU AGREE TO THIS PRIVACY POLICY INCLUDING WITHOUT LIMITATION, THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 17 BELOW.

 

The following Privacy Policy (the “Privacy Policy”) applies to your use of all HiHoVideo websites, mobile applications, and other products and services owned, controlled, operated, or hosted (whether now or in the future) by StoryBots, Inc. and/or its corporate affiliates, parents or subsidiaries (collectively referred to herein, solely for ease of reference as “StoryBots”, “us” or “we”), including but not limited HiHo.Video and all related applications, services, tools, software, and functionalities (collectively the “HiHoVideo Services”).

 

Last Updated: July 22, 2019

 

This Privacy Policy sets forth certain terms and conditions of the legal contract between you and StoryBots with respect to your use of the HiHoVideo Services, whether you are a Visitor or Parent. This Privacy Policy discloses what type of information is collected, the methods used to collect it, how StoryBots utilizes the information to better serve all interested parties and the choices you have about the way your information is collected and used. Please read this Privacy Policy carefully. The other integral parts of this agreement are our Terms of Service (click here) and Legal Notices (click here), each of which is incorporated herein by this reference. All capitalized terms used herein that are not otherwise defined in this Privacy Policy shall be as defined in our Terms of Service (click here). Your use of the HiHoVideo Services indicates that you have read, accepted and unconditionally agreed to StoryBots’ privacy practices as outlined in this Privacy Policy and any other applicable terms.

 

We respect your right to privacy and we understand that you need to control the use of your personal information and the personal information of your children. This Privacy Policy details below the measures taken by StoryBots to protect your privacy in connection with your use of the HiHoVideo Services. However, you understand that the HiHoVideo Services allow, among other things, Parents to submit or record Auditions of their minor children to be considered for possible incorporation into one or more of our productions.

 

Accordingly, by submitting personal Content through any of the HIHOVIDEO Services, you hereby waive any and all privacy expectations (including the privacy expectations of any other individual who appears in your submitted content) with respect to StoryBots’ use of such Content. If you do not consent to having personal Content viewable or otherwise accessible by others, you should not submit AUDITIONS or any other content to or through the HIHOVIDEO Services.

 

StoryBots is the data controller for your Personal Data (as defined below). StoryBots is operated from and hosted on servers in the United States. If you are outside of the United States and access the HiHoVideo Services or submit your Personal Data to us, please be advised that U.S. law may not offer the same privacy protections as the law of your jurisdiction. If you visit the HiHoVideo Services or contact us from outside of the United States, please be advised that any information you provide to us or that we automatically collect will be transferred to the United States and processed in accordance with this Privacy Policy.

 

The HiHoVideo Services allow Parents to set up unique personal profiles directly on the HiHoVideo Services. Parents can change their profile information at any time and can control how the HiHoVideo Services communicate with them.

        1. Information We Collect and Receive

        1.1 Personal Data. StoryBots collects user submitted information including but not limited to name, email address, and age to authenticate users and to send notifications relating to the HiHoVideo Services to those users. User account information, including names, may also be collected and displayed in order to enrich the user experience and facilitate user interaction through the HiHoVideo Services and in email communications. Information collected or received by us, solely to the extent any such information can be used to identify an individual person and is considered individually identifiable information within the meaning of the Federal Trade Commission’s Online Privacy Protection Rule found at 16 CFR 312.2, is referred to in this Privacy Policy as “Personal Data.” Every user hereby agrees that all information you provide, including but not limited to age, shall be truthful and correct.

 

Notwithstanding the foregoing, Auditions submitted or recorded through the HiHoVideo Services are subject to our Terms of Service (click here) and in the event of any conflict or inconsistency between such Terms of Service and this Privacy Policy, such Terms of Service shall govern and control with respect to the Auditions.

 

Please read the Terms of Service carefully to understand how certain rights in and to your Auditions are granted to StoryBots, including but not limited to the perpetual, sublicensable, transferable, assignable, fully paid-up, royalty-free, worldwide right to (i) use, edit, reproduce, publicly display, publicly perform, exhibit, broadcast, transmit, publish and distribute your Auditions; (ii) use the name, voice, likeness, photographs, audios, videos, biographical information, signature, and other personally identifiable elements as contained, mentioned, depicted or otherwise represented in the Auditions; (iii) edit your Auditions, in whole or in part, at StoryBots’ sole discretion and to include your Auditions with those of others and with sound effects, special effects, music and/or other content; (iv) incorporate, at StoryBots’ sole discretion, your Auditions, in whole or in part, edited or unedited, into one or more of our productions; and (iv) use and exploit, and authorize others to use and exploit, your Auditions in any manner or medium whatsoever (whether now known or hereafter devised), including, without limitation, unrestricted use for publicity, advertising, sales promotion, commercial tie-ins, and merchandising.

 

        1.2 Non-Personal Data. StoryBots also automatically collects non-personally-identifiable information, including but not limited to aggregate user data, crash event reports, and device type and browser type, from users and visitors to the HiHoVideo Services (“Non-Personal Data”). Within the HiHoVideo Services, we utilize technologies (such as “cookies”) to help us collect usage data and store member preferences. We may also utilize tracking technologies of third parties to collect Non-Personal Data about you through the HiHoVideo Services and across third-party websites and services. For additional information regarding how we use these technologies, please see Section 4 – “Use of Cookies and Similar Technologies” below.

 

        2. How We Use Your Information

        2.1 Personal Data.

Purpose

Categories of Personal Data

Why we collect it

Registration

Your name and email address, and the first name of your child

We require your name and email address to create your account. Your email address is not shared or publicly displayed within the HiHoVideo Services. Your full name and the names of your children, to the extent collected and stored, are never directly revealed to other users unless authorized by you.

Communicate important messages

Your name and email address

We use your name and email address to communicate with you regarding your account, your submitted or recorded Auditions, changes in our Terms of Service and/or Privacy Policy, and other matters relating to your StoryBots account. It also enables us to send you announcement emails about our new content, features, services, products, promotions, etc. You may withdraw consent and opt out of receiving announcement emails from us at any time by following the opt-out link contained in an announcement email you previously received.

Security and monitoring

Your IP address

We record your IP address for a number of purposes, including security and monitoring purposes, system administration and to report aggregate information to our business partners or to audit use of the HiHoVideo Services.

 

        2.2 Non-Personal Data. Non-Personal Data is used to manage and improve the HiHoVideo Services, track usage. and may be shared with third-parties to provide more relevant services and advertisements to users and for other business purposes. If Personal Data is anonymized, aggregated, or modified so that it can no longer reasonably identify a specific user, it is considered Non-Personal Data and StoryBots may use and disclose such information for any business purpose.

 

        3. How We Share Your Information

        3.1 Other Disclosures. Except as otherwise described in our Privacy Policy, StoryBots will not disclose personal information to any third party unless we believe that disclosure is necessary: (1) to comply with applicable law or to respond to a subpoena, court order, search warrant, or other legal process received by StoryBots, whether or not a response is required by applicable law; (2) to protect or enforce our rights or the rights of a third party; (3) to protect the safety of members of the public and our users; or (4) to respond to an emergency. StoryBots reserves the right to transfer personal information to a successor in interest that acquires rights to that information as a result of a sale of StoryBots or substantially all of StoryBots’ assets to that successor in interest or of a merger between StoryBots and such successor in interest. StoryBots also reserves the right to disclose personal information as necessary to enable third-party service providers to support and maintain the operation of the HiHoVideo Services (please see Section 6 – “Service Providers” below for more information), or to disclose personal information to other third parties performing services in connection with the operation of our business. You will be notified via e-mail of any such change in ownership or control of your personal information. For more information see Section 14 - "Changes in Our Privacy Policy" below.

        3.2 Promotions. If you choose to enter a contest, sweepstakes or promotion, your Personal Data may be disclosed to third parties in connection with such promotion, including without limitation for purposes of posting your entry with attribution or otherwise as permitted in the official rules for the promotion in question, fulfilling your prize or including your name on a winners list. Also, by entering a promotion, we may require you to consent to the use of your Personal Data or other information, such as name, voice or likeness, in advertising, promotional and marketing materials. In addition, we may offer certain promotional content, such as a sweepstakes, sponsored by or co-branded with a third party, who may obtain the Personal Data that you submit.

 

        4. Use of Cookies & Similar Tracking Technologies

        4.1 Cookies. StoryBots uses cookies (including Flash cookies) to store user preferences, account status, and traffic origination and to record session information, for purposes including but not limited to customizing newsletter, advertising, and Web page content based on browser type and user profile information. A “cookie” is a small amount of data that is sent to your browser from an Internet server and stored in your computer. You may be able to configure your browser to accept or reject all or some cookies (other than Flash cookies), delete cookies or notify you when a cookie (other than a Flash cookie) is set - each browser is different, so check the "Help" menu of your browser to learn how to change your cookie preferences. However, you must enable cookies from StoryBots to use most functions offered through the HiHoVideo Services.


Flash cookies (also known as “local shared objects” or “LSOs”) cannot be rejected, disabled, turned off, opted out, or deleted in the same way as regular cookies such as HTML cookies. Flash cookies may remain on your computer even after you have rejected, disabled, opted out, or deleted regular cookies. For information on how to manage and remove Flash cookies, please visit: 

 

        4.2 Web Beacons. In addition, StoryBots may use so-called “pixel tags,” “web beacons,” “web bugs,” “clear GIFs,” etc. (collectively “Web Beacons”) to collect information about your usage of the HiHoVideo Services. These are small electronic images embedded in web content (including online ads) and email messages and are ordinarily not visible to users. Like cookies, Web Beacons enable us to track pages and content (including ads) accessed and viewed by users on the HiHoVideo Services. Also, when we send HTML-formatted (as opposed to plain text) emails to our users, Web Beacons may be embedded in such emails to allow us to monitor readership levels so that we can identify aggregate trends and individual usage to provide our users with more relevant content or offers. Web beacons in emails may recognize specific activities, such as when an email was opened, how many times an email was forwarded, which links in the email were clicked on, etc. Web Beacons cannot be declined when delivered via a regular web page. However, Web Beacons can be refused when delivered via email. If you do not wish to receive our Web Beacons via email, you will need to disable HTML images or refuse HTML (select Text only) emails via your email software.

 

        4.3 Third-Party Analytics. StoryBots may use third-party analytics services (such as Google Analytics, Optimizely, and MixPanel) to collect Non-Personal Data, including but not limited to session information, key events, device information, location, language, timestamp, platform, and time zone. We use these services to collect and compare information about the user base and user visits, as well as to improve the HiHoVideo Services.

 

        4.4 Third Party Advertisements. We may from time to time use various outside ad-serving or other companies to serve advertisements on the HiHoVideo Services and/or provide certain technology plug-ins (e.g., third party video and other media players). In the process of serving advertisements or providing the applicable technology, such companies may use cookies and other tracking and analytics technologies and may use information about your use of their technology and/or your visits to the HiHoVideo Services and other sites in order to provide advertisements about products and services that may be of interest to you. By delivering ads on the HiHoVideo Services, and using cookies and other tracking and analytics technologies, the ad-server or other third party is able to record what ads a user has seen, what pages or content the user was viewing when the ads were delivered, and other usage information. This usage information may be combined with other ad delivery information the ad-server or other third party has collected from your visits to the HiHoVideo Services, your use of their technology and your activity on other websites not affiliated with StoryBots. This information is commonly used as part of the ad-serving process for reporting, and to select and direct the ads you see on the HiHoVideo Services, on the technology platform you are using and on other websites not affiliated with us

 

        4.5 Other Usage Information. When your computer or mobile device contacts our web servers (for example, when you visit the HiHoVideo Services), our web servers automatically collect usage information. Such usage information includes information about how our visitors use and navigate the HiHoVideo Services. It can include the number and frequency of visitors to each web page and the length of their stays, browser type, referrer data that identifies the web page visited prior and subsequent to visiting the HiHoVideo Services, and IP addresses (as discussed above). We also may determine the applicable technology available in order to serve you the most appropriate version of a web page, e-mail, advertising or promotional announcement or similar service. This information is used to analyze and improve the HiHoVideo Services and to provide you with a more fulfilling and relevant experience.

 

        5. Data Retention

StoryBots may retain your Personal Data and Non-Personal Data as long as you continue to use and are registered through the HiHoVideo Services. You may request that we delete your Personal Data and close your account at any time by emailing us at help@hiho.video. However, we may retain your Personal Data for an additional period of time, as permitted or required under applicable law, to conduct audits, prevent fraud and abuse, improve the HiHoVideo Services, comply with legal obligations, maintain security, enforce our Terms of Service, or for any other legitimate and lawful business purpose. In addition, after your account has been closed we will continue to retain your Non-Personal Data and any Personal Data that has been anonymized, aggregated, or modified so that it can no longer reasonably be used to identify you.

 

        6. Service Providers


We rely on certain third-party services for the operation of the HiHoVideo Services, such as credit card payment processing, order processing, data storage and security, etc. The security of your personal information is important to us. Please keep in mind that, to the extent a third-party service provider needs to access your information in order to perform services for us, we share your information with that provider. However, we do require that any third-party service providers limit their use of your information solely to providing services to us and that they maintain the confidentiality, security, and integrity of your information and not make unauthorized use or disclosure of the information.

 

        7. Third-Party Sites


The HiHoVideo Services may contain links to third-party sites or applications. Unless expressly otherwise stated by StoryBots, StoryBots is not responsible for the privacy policies and/or practices of linked third-party sites or applications. When you leave the HiHoVideo Services and go to a third-party site or application, our Privacy Policy will no longer apply, and any information collected from or about you on the third-party site or application will be governed by the privacy policy of that third party. Third-party sites’ or applications’ privacy policies and data practices may be substantially different from those of StoryBots. They may send their own cookies, web beacons, etc. to your computer or mobile device and may collect data about you and make use of the data in ways that we would not. You access such third-party sites or applications entirely at your own risk. You should always read the privacy policy of a third-party site or application and use caution before disclosing any personal information.

 

        8. Correcting, Updating, or Removing Information


You may access, modify, or remove any of your personal information (except for the email address linked to a user account) at any time by logging into your account and accessing the “Account” section. To receive notifications on updates or changes to the HiHoVideo Services, we ask that you keep your account updated with most relevant personal information (i.e. your current email address). In addition, you should be aware that it is not always possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons.

 

        9. Email Choice/Opt-out


You may choose to no longer receive marketing emails (i.e. emails that contain ads, promotional offers, etc.). All marketing, notification emails and HiHoVideo newsletters include instructions for opting-out of those communications in the future. Additionally, you may send us a message using our “Contact Us” page. Because customer lists often are prepared well in advance of an offering (sometimes a few months before the offer is made), you may continue to receive some offers after you send us a request not to use your information for specified marketing purposes. Please be aware that we will process your request as quickly as we reasonably can, but it may not be possible to update our systems immediately. We appreciate your patience and understanding in giving us time to carry out your request.

In addition, you should be aware that it is not always possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons.

 

        10. Security

StoryBots aims to provide you with a secure customer experience. HiHoVideo user accounts are secured by user-created passwords. We take precautions to ensure that user account information is kept private. We use commercially reasonable measures to protect user information that is stored within our database, and we restrict access to user information to those employees who need access to perform their job functions, such as our customer service personnel and technical staff. However, we do not guarantee that these efforts will completely protect user account information. No security measures are perfect or impenetrable and data transmission over the Internet cannot be guaranteed 100% secure. We cannot and do not ensure or warrant the security of any information you transmit to StoryBots and you do so at your own risk. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time. We will endeavor to notify users in the event that the security of their personal information is breached or compromised. By submitting personal information through any of the HiHoVideo Services, you expressly consent to receiving our notification regarding any breach or compromise, or suspected breach or compromise, of the security of your personal information, by email or postal mail, as we deem appropriate and as required by law. For any additional information about the security measures we use, please contact us at help@hiho.video.


We urge you to keep your username, password, and other account access information in a safe place and not to divulge it to anyone. Also, remember to sign off your account when you have finished using the HiHoVideo Services. This is to ensure that others cannot access your account, especially if you are sharing a computer with someone else or are using a computer in a public place such as a library or an internet cafe.

 

        11. Your California Privacy Rights

Effective January 1, 2005, California Civil Code Section 1798.83 (known as the “Shine the Light” law) provides that, if an individual who is a California resident has provided his/her personal information to a business in connection with a business relationship that is primarily for personal, family, or household purposes, and if that business has within the immediately preceding calendar year disclosed such individual’s personal information to a third party and knows or should have known that such third party used the information for its own direct marketing purposes, then that business is obligated to disclose in writing to such individual upon request, what personal information was shared and with whom the information was shared. A business may comply with this law by: (1) having EITHER a published privacy policy of not sharing a customer’s personal information for third-party direct marketing use unless the customer has first affirmatively opted in to such sharing OR a published privacy policy of not sharing a customer’s personal information for third-party direct marketing use if the customer has opted out to prevent his/her personal information from being shared for third-party direct marketing use; AND (2) notifying the customer of his/her right to opt out and providing a cost-free means for the customer to exercise that right.

California residents may request an information-sharing disclosure from us by emailing your request to help@storybots.com or writing to us at StoryBots Inc., 13428 Maxella Ave #363, Marina Del Rey, CA 90292. Please note that, under the law, we are not required to respond to your request more than once in a calendar year, nor are we required to respond to any requests that are not sent to the above-designated email or mailing address.

Do Not Track Disclosure: The HiHoVideo Services do not currently respond to “Do Not Track” signals of Web browsers. However, should the industry establish uniform technological standards for recognizing and interpreting “Do Not Track” signals, StoryBots would be open to following such industry standards.

 

        12. Your General Data Protection Regulation Rights

Effective May 25, 2018, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (“General Data Protection Regulation” or “GDPR”) provides that an individual who is located in the European Union (EU) or the European Economic Area (EEA) has certain rights relating to their personal data:

  • Right to Delete Your Personal Data: If you wish for us to delete all or some of your Personal Data, please email us at help@hiho.video. However, please note that some Personal Data (like your email address) is necessary to maintain an account through the HiHoVideo Services.
  • Right to Object to or Restrict Our Use of Your Personal Data: If you wish to limit or restrict our use of your Personal Data, please email us at help@hiho.video. However, please note that some Personal Data (like your email address) is necessary to maintain an account through the HiHoVideo Services.
  • Right to Access, Change, or Modify Your Personal Data: If you wish to confirm whether we are collecting and processing your Personal Data or access, change, or modify some or all of your Personal Data, you can go to the "Account" section of the HiHoVideo Services or email us at help@storybots.com.
  • Right to Export Your Personal Data: If you would like a copy of your Personal Data, please email us at help@hiho.video to request an export file in a machine-readable format.
  • Right to Withdraw Consent: If you wish to withdraw consent to certain Personal Data processing activities, please email us at help@hiho.video. To opt out of receiving announcement emails from us, you can follow the opt-out link contained in an announcement email you previously received.
  • Right to File a Complaint: If you are a resident of the European Union (EU) or the European Economic Area (EEA), you have the right to file a complaint with your local data protection authority or the Irish Data Protection Commissioner.

Please contact us at help@hiho.video if you have any questions or concerns about how and when we collect and use your Personal Data. As a reminder, Auditions submitted or recorded through the HiHoVideo Services are not considered Personal Data and all of the intellectual property rights for such Auditions, as assigned and transferred to StoryBots in the Terms of Service (click here), shall extend in perpetuity, meaning that we will have the perpetual right throughout the world to exploit such Auditions in any and all media now known or hereafter devised.

 

        13. Children’s Privacy

StoryBots is committed to protecting the privacy needs of children and we encourage Parents to take an active role in their children’s and students’ online activities and interests. The HiHoVideo Services are not intended for use by children under the age of 18 without adult supervision. Under no circumstances does StoryBots require children under the age of 18 to provide us with any Personal Data. StoryBots does not knowingly collect personal information from children under the age of 18. Users must be 18 or older to be eligible to register accounts and submit Auditions through the HiHoVideo Services.

 

        14. Changes in Our Privacy Policy

This Privacy Policy is subject to change by StoryBots from time to time. We reserve the right, in our sole discretion, to modify, update, add to, discontinue, remove or otherwise change any portion of this Privacy Policy, in whole or in part, at any time. If we make material changes (including material changes in the way we use or share user personal information, such as using information for purposes materially different from those disclosed in this Privacy Policy), we will post the changes on the HiHoVideo Services affected by such changes and/or notify you via email. Also, we may ask you to review and acknowledge or consent to the changes at the time of your next account log-in. By continuing to use the HiHoVideo Services affected by such changes, you agree to be bound by the changes to this Privacy Policy. Please check our Privacy Policy regularly for updates to our policies and practices.

 

        15. Contacting Us

If you have any questions about this Privacy Policy, the data practices of any of the HiHoVideo Services, or your dealings with any of the HiHoVideo Services, please contact us via email at help@hiho.video, or via mail at StoryBots Inc., ATTN: Privacy Dept, 13428 Maxella Ave #363, Marina Del Rey, CA 90292.

 

        16. Choice of Law

This Privacy Policy, including all revisions and amendments thereto, is governed by the internal laws of the United States, State of Delaware, without regard to its conflict or choice of law principles which would require application of the laws of another jurisdiction.

 

        17. Arbitration

By using the HiHoVideo Services in any way, you unconditionally consent and agree that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against StoryBots and/or its parent, subsidiaries, affiliates and each of their respective members, officers, directors and employees (all such individuals and entities collectively referred to herein as the “StoryBots Entities”) arising out of, relating to, or connected in any way with the HiHoVideo Services or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in Los Angeles, California, United States; (4) the arbitrator’s decision shall be controlled by the terms and conditions of this Privacy Policy and any of the other agreements referenced herein that the applicable user may have entered into in connection with the HiHoVideo Services; (5) the arbitrator shall apply Delaware law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only your and/or the applicable StoryBots Entity’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against you or any StoryBots Entity; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against any StoryBots Entity exceed $125 USD, and you are unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, StoryBots agrees to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, StoryBots will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of StoryBots, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor StoryBots shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.

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