Privacy Policy

We Collect a variety of personal data from our customers and their children, and other people we interact with as a business, including our partners, educators, and affiliates, depending on how they interact with our Apps and Yoto players. This includes:

• Log data collected automatically on the Yoto player or through the App;
• Information collected via cookies on our website and the App;
• Information provided by you through the Yoto player, our website, and the App;
• Information collected through customers’ engagement with us online (including social media); and
• Marketing and communication data provided to us by customers and subscribers to our marketing communications.

Click on the relevant sections above to learn more about the data we collect.

We Use personal data for the following purposes:

• Creating your account and facilitating your use of our services;
• Managing your orders and payments;
• Security, safety and product monitoring;
• Marketing;
• Improving our services, offerings, and marketing strategies;
• Sending out marketing and promotional materials in accordance with your preferences; and
• As otherwise permitted or required by law.

Click on the relevant sections above to learn more about how we use the data we collect.

We Share personal data with the following entities as necessary to provide our services:

• Cookie providers to help us understand how our website is used;
• Website hosting and information technology service providers to host our website, to run our website and App, and to monitor the safety and security of our website and App;
• Payment providers to manage payment processing;
• Marketing providers to provide marketing services to us;
• Group companies, such as affiliates and subsidiaries, to assist in providing our services;
• Third-party service providers, only as necessary to assist in providing certain components of our services, and only with contractual requirements in place to protect persona data and handle it only in accordance with this privacy notice;
• Potential acquirers of our business, to evaluate or carry out a business transaction; and
• Other entities as permitted or required by law.

We Protect personal data with industry-standard administrative, technical, organizational, and physical security measures. These measures include firewalls, SSL encryption, limiting storage of financial information to a PCI compliant third-party provider, system redundancies, and co-location in a 24/7 secured, controlled environment.

However, perfect security does not exist, and we cannot guarantee the absolute security of your personal data. Some personal data may be transferred to, and processed in, countries outside of Canada. If you live in Quebec, your personal data may be communicated to entities outside of Quebec. Accordingly, it may be accessible to courts, law enforcement and national security authorities of those countries. If you have any questions or wish to obtain further written information about the processing and storage of your personal data by affiliates or service providers outside of Canada, please contact our Head of Legal at privacy@yotoplay.com.

Yoto players are designed for children’s use, and we understand that you may use the App to play content for children through your Yoto players or other compatible devices. However, we have minimised the amount of personal data collected from children under 18 and put you, the parent, in control.

We may process your child’s personal data in the following scenarios:

• Yoto player data – we collect play logs, usage logs, and Yoto players’ “health” information (such as battery life and error logs) from our Yoto players for various purposes, including for personalising the Yoto experience and to better understand our users. For the definitions of “play logs” and “usage logs” see above. We use this data for similar purposes as we do when we collect such information from adults, including to facilitate the use of the Yoto players (for it to function and play audio content), for security, safety, and product monitoring (including notifying parents of errors with the player), for better understanding our users (including to improve the services), and to personalise the services and market towards parents (including using play logs to suggest audio content that we believe parents may want to purchase or use). If a child is using the Yoto player, then their usage of the player will be captured by these logs. To the extent we collect data from anyone using the Yoto players, we link this data to adult Yoto accounts connected to that Yoto player.

• Where it is provided by you as an adult Yoto account holder – for example, if you record your child’s voice, if you name a player or playlist after your child, or if you share their information, such as photos or voice recordings, as part of competition entries or Yoto Daily submissions through your Yoto Space account, we may collect and process the data you provide. We use this information to allow you to name a Yoto player, name playlists, as well as to publicly share your child’s voice recordings or other information, such as publicly sharing your child’s story on our website.

In addition, we process children’s personal data to understand what content is being played on the Yoto player so we can make sure frequently played content is saved to the player, and you don't have to download it every time.

With your consent, we will use play logs and usage logs from the Yoto player to provide you more tailored services and marketing messages (to the extent you have opted-in to receive marketing messages); and to help you understand listening habits, including of your child, and find exciting and relevant new Yoto cards, accessories and products.

If you use the App to allow your child to record their own audio content to play back on your Yoto player, that recording is stored on our servers as a playlist. Yoto may in some circumstances review the content of audio recordings to protect our rights and business interests (see Managing our business and preventing unlawful use). You can delete these playlists at any time, or you can ask us to delete them for you. It is your choice whether your child records an audio recording on the App and who it is shared with, and we encourage you to review this carefully. If you are in the U.S., for further information please refer to our Audio Recording Notice. You can delete these recordings at any time, or you can ask us to delete them for you.

We use third parties to help us understand what content is being played and how the Yoto player is performing. These third parties also enable us to monitor, troubleshoot and inform you of any product issues with the Yoto player if you need us to. We use third parties to help us understand how our player is used, and how to improve it. We also use third parties to help us provide you more tailored services and marketing messages based on the usage of the Yoto player, which may include your child’s usage of the player. This may include suggesting certain cards to you that we believe may be of interest to you or your child.

If your child is under a certain age, we may ask for your consent before we collect information from or about your child. Obtaining your consent may be subject to our verification process to ensure that you are the child’s parent or guardian.

If your child is under a certain age, and in certain jurisdictions, you may have certain rights related to your child’s information that we process. You may access certain Yoto player and privacy settings through the App. Otherwise, you may request access to your child’s personal data and obtain a copy of it, request us to erase the personal data we hold about your child, and prohibit the processing of your child’s personal data. Additional rights may apply depending on your jurisdiction (see What are your rights in respect of your data?).

Orders, account creation, Yoto Space, and Yoto Club membership are restricted to parents or guardians (you or your). If we determine that a child under 18 has registered as a Yoto Club member or created a Yoto account, we will immediately cancel that membership and/or close the account.

When you browse our website, we collect data about your visit using cookies. We also use other types of tracking technology like software development kits (SDKs) when you use our App. You can learn more about this in our Cookie Policy.

We only ever send direct marketing communications, or personalise those communications, if you’ve consented to us doing those things. You can change your mind at any time by clicking the unsubscribe link visible in every marketing message we send; or by emailing us at privacy@yotoplay.com. You can change your personalization settings at any time through your App settings.

We use appropriate administrative, technical, organizational, and physical security measures to protect your personal data against accidental or unlawful destruction, loss, and alteration, and against unauthorized disclosure, communication and access. We use standard industry practices to protect personal data, including firewalls, SSL encryption, limiting storage of financial information to a PCI compliant third-party provider, system redundancies, and co-location in a 24/7 secured, controlled environment.

Personal data in our possession may be accessed by different groups of employees and personnel within Yoto, only as required in order for them to carry out their responsibilities. Such personnel may include employees in Customer Support, Marketing and Legal.

We have procedures in place to address any suspected personal data breach and will notify you and any applicable regulator of a breach as required by law.

To access the App, create a connection between a Yoto player and the App, access your digital library, or access Yoto Space, you will need to create a Yoto account (either on our website or on the App). In addition, if you become a Yoto Club member, we will collect details so you can set up your Yoto Club account.

If we ever discover that someone under 18 has created an account with us or can be identified by the data we collect, we will delete that data immediately.

We process your personal data to facilitate our provision of these services to you, including so you can see in the App which WiFi network your player is connected to, for network visibility, to manage storage and memory, and to enable the playing of audio content. We may also need to send you service notifications (including on device alerts) for administrative or for customer service purposes, such as providing updates on our terms or expiry of your credits.

• We collect: Your name, address, email, phone number, device nickname, records of the audio played on the Yoto player, when it was played and how many times it was played (play logs) and records of how the Yoto player is being used, for example battery status (charge and percentage), WiFi status (whether the Player is connected to a WiFi network and, if it is, the signal strength and WiFi network name), memory (RAM), storage (space SD card), device temperature, and crash logs ( together, usage logs), and the specific Yoto players associated with these play logs and usage logs, details of your purchases, digital subscriptions and downloaded content.

• Our lawful basis: Necessary for the performance of the contract we have with you for the provision of our services.

• Data sharing with third parties: We share this data with third parties who host our website, provide services that help us manage our user accounts, and who help make our App work, and who manage our customer service channels.

Yoto player and device data

We take your privacy seriously and only collect data from Yoto players and your devices for specific purposes using cookies and other tracking technology (see Cookies and direct marketing). This includes records of the specific content you have played on the Yoto player or on other devices through the App (play logs) and records of how the Yoto player and Apps are being used (usage logs). We also gather information about a Yoto player’s “health”, including battery life and any error logs or technical faults that we can detect or read when the player is connected to the internet. We process this data for the following purposes:

• Facilitating your use of our players – we will use your data to provide your requested services, such as to help manage WiFi connectivity, manage storage and memory, support your use of App and Website functionality, and to enable the playing of requested audio content through the App or on a Yoto player.

• Security, safety, and product monitoring – for example, so that we receive warnings relating to product health and can use this information to address technical faults in the Yoto player, including contacting you about defects we have detected. We particularly will gather usage logs if we are helping try to diagnose an issue with your player.

• Understanding our users – we use aggregated and anonymised play logs and usage logs to allow us to understand and analyse the service, with a view to making improvements to our services and offering.

• Personalising your marketing and services – where you consent, we will use the data to tailor some of the marketing we send or display to you and may offer you tailored services. You can give this consent through our App and can withdraw this consent at any time through your App settings. If you do not give your consent, then we will not use Yoto player or device data to personalise marketing or services directed to you. A family member who does consent to personalization will have play logs and usage logs from your shared Yoto players tied to their account for tailored marketing and services, but this will never be used to change our handling of your own account without your consent.

Managing your orders, payments, and competition entries

If you make a purchase from our website, we process your personal data to facilitate and keep records of the transaction and to fulfil your orders (including to deliver any physical products). If you enter one of our competitions, we will also collect and manage your details, let you know if you have been successful, and publish your details if you are a winner.

• We collect: Your name, month and year of birth, address, email, phone number, username, IP address, order, purchase and payment details. If the product is a physical product, we will also collect shipping details. You can also create an account with us when you purchase (see "Creating your account and using our Yoto player"), but you don’t have to. If you enter a competition, we will collect details necessary for administering and judging the competition, which may include information about your child, their age and region, and their entry (which may be an image, audio recording or other submission).

• Our lawful basis: Necessary for the performance of the contract we have with you for the provision of our services and competitions.

  Where we publish the names and addresses of our competition winners, we do so based on our legitimate interests in promoting Yoto and meeting applicable rules (including ASA rules in the UK) on transparency. You will have the opportunity to object to this or to reduce the amount of information we publish about you.

• Data sharing with third parties: Our security measures mean we never see your payment details, which are passed straight to our secure payment processor. If you checkout using Klarna, or any other third-party payment provider, then we will direct you to Klarna or that other provider to complete the relevant process for your order. We also share your data with third parties who help host our website, run our online store, and who help make our App work.

After registering, you’ll receive an email asking you to verify your account. We use security measures to make sure we can’t see the plain text of the password you create. Our third-party partner Shopify collects IP address to help prevent and detect fraud. We also use technical information, such as IP address and device and browser details and information about your account and payments to help us ensure the security of our services and to prevent and detect fraud.

We collect and monitor error logs (and usage logs associated with those error logs) which we store for a reasonable period to help us diagnose and fix any bugs or product issues with the Yoto player or the App, which enable us to prevent technical faults in connection with the provision of our services. Where we have detected a potential product or safety issue with your Yoto player based on these error logs and usage data, we may inform you of this fact via communication channels, using the contact details you have given us such as email, via the App, or directly through the Yoto player’s audio or display. We may also remotely switch off the Yoto player to avoid any product issues arising.

• We collect: Your email address and a password created by you, IP address, technical and account details, play logs, error logs, usage logs.

• Our lawful basis: We have a legitimate interest in ensuring the safety and security of our services; in preventing and detecting fraud; and in ensuring the health and safety of our users.

• Data sharing with third parties: We share this data with our partner Shopify who collects IP address to prevent fraud. We also share your data with third parties who enable us to monitor, troubleshoot and inform you of any product issues with your device if you need us to.

Yoto player and App

Our App enables you to explore your purchased content, free audio, sleep sounds, kid-friendly podcasts and radio from around the world. You can also find Yoto news, and Yoto player and privacy settings.

You can also record your own story or other audio content on the App, or record and upload the audio of others, and link it to a Make Your Own card to play on Yoto player or share it with chosen friends and family. If you record the voices of others, this means that Yoto will process their recordings.

In the future, the App may offer you the opportunity to submit limited personal data to create tailored audio, such as submitting brief personal data to help tailor a children’s story for your child. We will only collect the data requested for such services and will not use this for any other purpose.

If you use the App to record your own audio content (or allow your child to record their own audio content) to play back on your Yoto player, that recording is stored on our servers as a playlist. Yoto may in some circumstances review the content of audio recordings to protect our rights and business interests (see Managing our business and preventing unlawful use). You can delete the playlist at any time, or you can ask us to delete it for you. It is your choice whether your child records an audio recording on the App and who it is shared with, and we encourage you to review this carefully. If you are in the U.S., for further information please refer to our Audio Recording Notice. You can delete these recordings at any time, or you can ask us to delete them for you.

You may also provide us with data in the way you name your Yoto players or playlists. We do not aim to collect personal data in this way, and do not make any inferences based on player or playlist names.

Yoto Space

When you use our Yoto Space community you may choose to submit a variety of user-generated content which we process to disseminate your profile information and messages to other users. See also “Engaging with us online and using our services” below on how we use Yoto Space data.

• We collect: Stories and other audio content, speaker names, and playlist names which you submit to the App; personal data derived from these inputs where it has been generated by our AI story tool; user-generated content which you submit on Yoto Space such as pictures, drawings and names. These data categories may relate to you or they may relate to a third party (including your child if you choose to submit their data).

• Our lawful basis: To the extent the data you submit relates to you, necessary for the performance of the contract we have with you for the provision of our services.

  To the extent the data you submit relates to a third party (for example your child), we have a legitimate interest in helping you tailor your services, and in enhancing your and others’ enjoyment of our services through incorporating the data you wish to submit. We have a legitimate interest in allowing you to use our interactive services and allowing our users to interact with each other.

• Data sharing with third parties: Where you permit this sharing, audio content and playlist/speaker names can be shared with family and friends through the “Make Your Own Card” feature. We also share your data with third parties who help make our App and Yoto Space work and help us store your recorded content.

Personalization

We enable you to create a connection between your Yoto player, App, and Yoto Space accounts so that information can be shared to allow us to tailor our service and get to know you better. If you provide the same email address to both Yoto and Shopify, you can also enable Shopify purchases to be added to your Yoto account. We use data collected about your purchases to help tailor our marketing of further Yoto cards, accessories and products to your interests.

In addition, we process personal data to understand what content is being played so we can make sure your frequently played content is saved to your player, and you don't have to download it every time.

With your consent, we will use play logs and usage logs from your Yoto player and your App usage to provide you more tailored services and marketing messages (to the extent you have opted-in to receive marketing messages); and to help you understand your listening habits and find exciting and relevant new Yoto cards, accessories and products.

• We collect: Your name, email, address, phone number, user ID, order and purchase history, play logs and usage logs, additional information collected from the device on which you App is installed such as operating system and device ID, and information collected from cookies.

• Our lawful basis: We have a legitimate interest in ensuring our services and marketing are as easy to use and as relevant as possible for our users and process your account and profile information and purchase history for these purposes.

  Where we use data from your Yoto player (play logs and usage logs) or your mobile device to personalise our services, marketing (if you have opted-in to marketing) and content, we rely on your consent. You can withdraw your consent to such personalization at any time through your App settings.

• Data sharing with third parties: We share your personal data with third parties to help us provide you more tailored services and marketing messages.

Engaging with us online and using our services

When you engage with us on social media, by interacting with us on Facebook groups, on our Facebook, Instagram, or other social media pages, by sending us direct messages, or by tagging us in your content, we may collect data you share in those interactions such as your username and details of your communication. On some occasions, we may review social media content or approach social media users to carry out market research, or to ask if we can reshare or use your content on our webpage.

When you use our Yoto Space community, we monitor chats to ensure they are in keeping with our community standards. If your Yoto Space account is determined to breach our Yoto Space Acceptable Use Policy, we may take action as described in the Acceptable Use Policy including withdrawal of your account or removal of your contributions. Our moderation practices incorporate a combination of automated and human moderation.

• We collect: User-generated content which you submit on Yoto Space or other social media services, such as pictures, drawings and names, and information to help us identify your Yoto Space account like your name and user ID, and details you provide in product reviews.

• Our lawful basis: We have a legitimate interest in processing data to help us understand our social media reach and our users, in displaying product reviews, and in using content you have agreed we can reshare. If we enter into an agreement with you about use of this content, we will instead rely on contract.

  We have a legitimate interest in ensuring our Yoto Space community and other social media communities we moderate are safe spaces for our users, and in some cases we have legal obligations to ensure we comply with online safety responsibilities.

  To the extent you share any special category data, such as information about your religion or health, as part of your contributions on Yoto Space, Yoto processes this for the same purposes set out above. Our lawful basis for this will vary by each purpose: if we enter into an agreement with you about the reuse of content containing special category data, we will seek your consent. Any processing of special category data for online safety purposes will be based on the need to safeguard children and adults at risk, or the prevention and detection of unlawful acts. To the extent you share special category data as part of a contribution to content, such as Yoto Daily, we are permitted to process this data to permit freedom of expression and information.

• Data sharing with third parties: We share your personal data with third parties who host and support Yoto Space, and who provide moderation and verification tools.

Marketing
We collect and use some of your data to sending you direct marketing. Where you give us your consent, we will send you electronic marketing messages including by email and push notifications, including news and offers on new products, services and Yoto Cards. We may also personalise this marketing based on information you have provided to us through your account or based on your purchases. If you consent, we will also tailor this direct marketing based on your listening and usage habits. (see “Personalization” above). Where you have not given use your consent, we will still use your data to display marketing materials within our App, or on social media and may send you direct marketing by post.

We collect: Your name, email, contact details and usernames. (See “Personalization” above for the personal data we process to personalise your marketing).

• Our lawful basis: We rely on your consent to send you most direct marketing. You can change your mind at any time by using the opt-out options available in our marketing messages; or by emailing us at privacy@yotoplay.com. You can also withdraw your consent to certain personalization of marketing through your App settings. We rely on our legitimate interest for certain other types of marketing, including sending direct mail marketing, in-App marketing or, where permitted, marketing to you on social media platforms.

• Data sharing with third parties: We share your personal data with third parties to help us provide you more tailored marketing messages. We will, for example, share data with social media partners and ad-tech vendors where we want to deliver advertising to you on third-party sites, and we make use of vendors who help us deliver marketing by email and by post.

Understanding our users

Certain Yoto player and App play and usage data is also collected for statistical purposes with a view to making improvements to our services. To ensure we do this in a way which respects children’s privacy and your privacy, we anonymise and often aggregate the usage data before we use it for analytics purposes. We may also seek your feedback on how to improve our services through surveys and focus groups.

We also conduct analytics on our fan pages on third-party sites (such as our Facebook fan page) so we can work out how to appeal more to our customers. We are a “joint controller” with Meta Platforms, Inc. for these purposes, and you should contact Meta Platforms, Inc. if you wish to exercise your data protection rights in respect of our Facebook fan page. Further information, including how Meta Platforms, Inc. enables you to exercise your data protection rights and subsequently processes your information as an independent data controller can be found in Meta Platforms, Inc.’s Privacy Policy.

• We collect: play logs and usage logs from your Yoto player and App (as defined above), information about your mobile device such how long you spend using the App and which version of the App you’re running; your name and email so we can send you surveys; information about your use of our social media pages.

• Our lawful basis: We have a legitimate interest in learning what you do and don't like about our services, and making improvements to our services, to benefit both your and our future users' experiences. When we conduct analytics on our fan pages we have a legitimate interest in better commercialising our activities.

• Data sharing with third parties: We use third parties such as marketing agencies and market research providers to help us understand how our player and App are used, and how to improve them.

Managing our business and preventing unlawful use

We will use all the data we collect to ensure that we are able to manage our business, including to establish, exercise or defend legal claims and carry out wider compliance activities (including disclosure of such information in connection with legal process or litigation)), manage our insurance, protect the security of our systems, obtain advice from professional advisors and to comply with our legal obligations. Our legal obligations include those under data protection, consumer law, online safety laws, duties of care, health & safety obligations, employment law and accounting rules. We also may review the data we collect about the use of our products to help us identify any unlawful uses of our products, such as breach of our terms of sale or intellectual property licences.

• We collect: any data we might collect about you as otherwise set out in this notice.

• Our lawful basis: We have a legitimate interest in being able to manage our business and to establish, exercise and defend ourselves against legal claims, and to comply with agreements we have put in place with third parties who licence their content to us. We will rely on our legal obligations where we are required to process data to meet legal requirements.

• Data sharing with third parties: We may share your data as necessary with third parties to meet these purposes, including professional advisors, law enforcement and governmental authorities.

Who do we share your data with?

As we’ve described in the sections above, we use third parties to help us run our business, and we've described below the third parties we work with and when:

• Cookie Providers: We use a number of cookie providers who help us understand how our website is used. These are listed in our cookies policy.

• Hosting Providers, Online Store Operators, and Customer Service Providers: These host the Yoto website, run our online store, and assist in providing customer service. We share your personal data with these providers to deliver services such as payment processing, delivery fulfilment, and customer query responses.

• Marketing and advertising partners: These help us to provide tailored advertisements, promotions, contests and campaigns both when you are interacting with Yoto via our website, App, on social media or otherwise. They also help us find new potential shoppers to serve marketing messages or help us better ensure that we do not serve a marketing message to shoppers who are not interested in the product or service in question.

• App Functionality Providers: These third parties assist in making our App work. These parties store your account information and provide visibility on purchased items and streamed content. They also help us to understand App usage and to provide tailored services and marketing messages.

• Content Playback and Device Performance Analysis: These assist us in understanding content playback and device performance to optimise user experience. They also help us understand player usage and to provide tailored services and marketing messages.

• Professional Advisors and General Service Providers: We engage various third parties for general business management purposes and professional advisory services such as accounting and legal counsel.

• Group Companies: Your personal data may be shared with Yoto’s subsidiaries and affiliates to assist in providing services to our customers.

• Regulators, Authorities, and Enforcement Agencies: If required by law or to protect our business against fraud and credit risks, we may disclose your personal data to regulatory authorities and enforcement agencies.

• Business Transactions: In the event of a business sale or integration, your details may be disclosed to potential purchasers and their advisors for evaluation purposes and subsequently passed to the new owners if the transaction is completed.

• Consented Disclosure: We may disclose your personal data to third parties with your consent, except as prohibited by law. Third parties handling your personal data will adhere to their respective privacy policies.

• You use our website:

  We work with cookie providers who help us understand how our website is used. These are listed in our Cookie Policy.

  We also work with third parties to host our website, run our online store and help us provide customer service. We only share your personal data with these providers as we need to deliver what you've asked us to, whether that's payment processing or delivery fulfilment in connection with an online order you've made, or responding to a customer service query.

  We also use third parties to help us provide you more tailored services and marketing messages.

• You use our App:

  We use third parties to help make our App work. The third parties we use store your account information for us. Yoto has visibility on the items you've purchased and the content you play that streams to the App.

  We use these third parties to help us understand how our App is used, and how to improve it. We also use the same third parties mentioned above to help us provide you more tailored services and marketing messages.

• You use our Yoto players:

  We use third parties to help us understand what content is being played and how your device is performing, so we can (for example) make sure your frequently played content is saved to your player, and you don't have to download it every time. These third parties also enable us to monitor, troubleshoot and inform you of any product issues with your device if you need us to.

  We use these third parties to help us understand how our player is used, and how to improve it. We also use the same third parties mentioned above to help us provide you more tailored services and marketing messages.

  In addition, we may share your personal data with the following third parties:

• Professional advisors and general service providers: We make use of various third parties for general business management purposes, including providing internal systems. We also make use of professional advisors such as accountants and external legal counsel for managing our business.

• Group companies: From time to time, we may provide your personal data to our subsidiaries and affiliates so that those entities may assist us in providing services to our customers. Each of these entities will process personal data in accordance with this privacy notice.

• Regulators, authorities and enforcement agencies: If we are under a duty to disclose or share your personal data to comply with a legal obligation, to enforce our terms or any other agreements, or to protect our business against fraud and credit risks.

• Purchasers or potential purchasers of our business, and professional advisors: In the event that our business is sold or integrated with another business, your details will be disclosed to our advisors, any prospective purchaser and their advisor for the purposes of evaluating or carrying out the transaction and will be passed to the new owners of the business if the transaction is completed.

  We may also disclose or communicate your personal data with third parties where we have the consent to do so, except as otherwise prohibited by law. Where we disclose your personal data to third parties, your personal data will be dealt with in accordance with the privacy policies of those third parties.  

  As we are located in England, we generally store personal data in local servers situated in either the UK or the EU. Depending on where you are situated, this means that our service providers or the services they provide may be based outside of your country of residence. We may however collect, process or store personal data in other countries including in Australia, Canada, or the USA.

Where is your data stored and what international transfers do we make?

If you are based in the UK or the EU, the personal data we process is typically stored within the UK or the EU. If you are based in Canada, the personal data we process is typically stored within the UK.

Personal data that we collect from you may be transferred to and stored at a destination outside the UK/European Economic Area (EEA) and Canada, including our offices and vendors in the US. This means that when we collect your personal data, such information may be processed outside your country of residence, and accordingly, may be accessible to courts, law enforcement and national security authorities of those countries. Where these locations do not provide an adequate level of data protection, we ensure appropriate safeguards are in place to protect the transfer of your personal data to these countries.

In most cases, we will rely on data transfer mechanisms (e.g. the EU’s Standard Contractual Clauses (EU SCCs), the UK International Data Transfer Agreement (IDTA) and/or the UK addendum to the EU SCCs. A copy of the relevant mechanism can be obtained for review on request by getting in touch with us at privacy@yotoplay.com.

If you have any questions or wish to obtain further written information our policies and practices with respect to the collection, use, disclosure or storage of your personal data by service providers or affiliates outside of Canada, you may contact our Head of Legal at privacy@yotoplay.com.

What are your rights in respect of your data?

You have various rights under applicable data protection law. If you wish to exercise these rights or have any questions, the easiest way for you to do this is by contacting us at  privacy@yotoplay.com. In certain jurisdictions, we may need to verify your identity before responding to your request. Depending on your jurisdiction, you may have the following data protection rights:

• Access: You have the right to access your personal data and obtain a copy of it

• Rectification: You can correct incomplete or inaccurate data we hold about you

• Erasure: You can ask us to erase the personal data we hold about you

• Restrict: You can ask us to restrict our handling of your personal data

• Portability: You can ask us to transfer your personal data to a third party

• Object: You can object to how we are using your personal data

• Withdrawal of consent: Wherever we rely on your consent, you have the right to withdraw that consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal.

• Complain: You always have the right to lodge a complaint with us or your data protection or privacy regulator, including the Information Commissioner’s Office, the supervisory authority for data protection issues in England and Wales, or if you are a resident of Canada, the Privacy Commissioner of Canada or a provincial Information and Privacy Commissioner in Canada.

  We do not carry out any solely automated decision-making processes.

  Some of these rights are conditional and will not always be available to you all the time.

How long do we retain your data for?

We retain your personal data for no longer than is necessary for the purposes for which it is processed, unless longer retention is permitted or mandated by applicable laws, and more particularly:

• Information related to your Yoto account will be deleted 2 years after your account has become inactive. We’ll reach out to you by email before we delete your account data, explaining how you can ask us not to delete your data.
• All user accounts that are inactive (have not been signed into for 2 years) will be deleted along with their order history, settings and any other data.
• All families with no remaining users will be deleted along with their card library, player registrations, any settings.
• All orphaned Make Your Own (MYO) content that has not been listened to for over 3 years may be deleted at any time.
• We will delete your order information 6 years after your last order with us.

How do we use cookies and similar technology?

For information about the specific cookies we use on our website and App, and to control your cookie preferences, view our Cookie Policy.

What are cookies and similar technology?

A cookie is a very small text document, which often includes a unique identifier. Cookies are created when your browser loads a particular website. The website sends information to the browser which then creates a text file. Every time the user goes back to the same website, the browser retrieves and sends this file to the website’s server. Find out more about the use of cookies on www.allaboutcookies.org.

We also use other forms of tracking technologies (such as App software development kits (SDKs) which serve a similar purpose to cookies and which allow us to monitor, improve and tailor our App and our player. When we talk about cookies, this term includes these similar technologies.

First-party and third-party cookies

Cookies can either be “First-party” or “Third-party”. First-party cookies refers to cookies that we set and use directly. Third-party cookies refer to tracking technologies set by third parties (such as our analytics service providers) through our website or App.

Session and persistent cookies

Cookies can be persistent or session cookies depending on the time that they remain on your device. A persistent cookie is stored on your device after your browser is closed or once your session ends. It can be used to recognise your device when you open your browser and use the same page again. A session cookie exists temporarily on your device while your browser is open. It is deleted automatically once you leave or close your browser, or shortly afterwards.

What if I’m a resident of the United States?

This section applies to you if you are a resident of the United States in a state with a comprehensive privacy law, including California. This section provides additional information as a supplement to the rest of the Privacy Policy above. This section reflects our current data processing practices, as well as our practices for the past 12 months.

What additional information is there about the processing of personal data?

Consistent with the sources of data as described above, we collect personal data in the following ways:

• Information You Provide Directly (this includes when you use or register an account, make purchases, subscribe to marketing notifications, communicate or transact with us, or enter promotions)

  • Information Collected Through Cookies and Other Similar Technologies (we, and our vendors, may collect Personal Information through cookies and other similar technologies (e.g., beacons, pixels, APIs); for more information see the section titled, “How do we use cookies and similar technology?”)
  • Information We Obtain from Our Vendors (this includes when our vendors, such as service providers operating on our behalf, provide us personal data related to you in the process of providing us their services)
  • Information We Obtain from External Sources (this includes personal data we obtain from others, marketing partners, co-sponsors, purchased mailing lists, and other parties or platforms you direct to disclose personal data to us)

  Consistent with the data we collect as described above, we collect the following categories of personal data:

• Identifiers (such as a real name, postal address, unique personal identifiers, and email address)

• Customer records (such as signature, credit card number, or any other payment information)

• Commercial information (such as products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies)

• Internet or other electronic network activity information (such as IP address, history, search history, and information regarding a consumer’s interaction with an internet website, application, or advertisement)

• Geolocation data (such as approximate geolocation)

• Audio, electronic, or visual information (such as photos or recorded audio)

• Inferences (such as those drawn from other personal data to create a profile reflecting preferences, characteristics, predispositions, behaviour, and attitudes)

  You may provide us personal data that may be considered sensitive, such as if you provide information about your religion or health as part of your contributions on Yoto Space. For information on how we process children’s personal data, see the section titled, “Children’s data”.

  We use and disclose these categories of personal data for the purposes describes in the sections titled, “Creating your account and using our services”, “Managing your orders and payments”, “Security, safety and product monitoring”, “Data you submit to our services”, “Personalization”, “Engaging with us online and using our services”, “Marketing”, “Understanding our users”, “Managing our business”, “Who do we share your data with?”, and “How do we use cookies and similar technology?”

  In addition, we use and disclose sensitive personal data as described in the section titled “Engaging with us online and using our services”, and for the following purposes: (i) to perform our services or provide goods, (ii) to prevent, detect, and investigate security incidents that compromise the availability, authenticity, integrity, or confidentiality of stored or transmitted personal information, (iii) to resist malicious, deceptive, fraudulent, or illegal actions directed at the business and to prosecute those responsible for those actions, (iv) to ensure the physical safety of natural persons, (v) for short-term, transient use, including, but not limited to, non-personalised advertising shown as part of your current interaction with us, (vi) to verify or maintain the quality or safety of a product, service, or device that is owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance the service or device that is owned, manufactured by, manufactured for, or controlled by us, and (vii) to collect or process sensitive personal data where the collection or processing is not for the purpose of inferring characteristics.

  We retain personal data for as long as described in the section titled, “How long do we retain your data for?”

  What privacy rights do U.S. residents have?

  Depending on your state residency, you may have certain rights to the personal data that we have collected about you, as provided by certain applicable law. In addition to the rights as described in the section titled, “What are your rights in respect of your data”, you may have the following rights. We will not discriminate against you for exercising any of your privacy rights.

  Right to Confirm

  You may have the right to confirm that we maintain personal data about you.

  Right to Opt-Out of Sale or Targeted and Cross-Context Behavioural Advertising

  You may have the right to opt-out of the sale of your personal data. We do not sell personal data for monetary exchange, though we may sell personal data in exchange for nonmonetary value in the case of conducting certain marketing campaigns, or through the use of cookies or similar technologies (such as for the purposes of targeted or cross-context behavioural advertising). You may also have the right to opt out of targeted or cross-context behavioural advertising.

  We sell and/or share for targeted or cross-context behavioural advertising purposes the following categories of personal data: Identifiers, Commercial Information, Internet Activity, Geolocation Data, and Inferences. Categories of third parties that receive this personal data include vendors of cookies and similar technologies, targeted or cross-context behavioural advertising vendors, co-sponsors, and marketing vendors, co-ops, and partners.

  We do not knowingly sell or share for targeted or cross-context behavioural advertising the personal data of minors under 16 years of age. For more information on how we process children’s personal data, see the section titled, “Children’s data”.

  To opt out of sales or targeted and cross-context behavioural advertising through cookies and other similar technologies on our website, please click the “Do Not Sell or Share My Personal Information” link in the footer of the website.

  You may also exercise your right to opt out of sales or targeted and cross-context behavioural advertising through cookies and other similar technologies on our website, via opt-out preference signals approved by relevant state privacy regulators. To opt out using the Global Privacy Control (GPC), which is an opt-out preference signal, turn on the signal for each GPC-participating browser you use. The website recognises GPC where required by applicable law.

  To opt out of sales or cross-context behavioural and targeted advertising unrelated to cookies and similar technologies, contact privacy@yotoplay.com.

  Right to Request Information Related to Third Parties

  You may request information about third parties that we disclose personal data to, which does not include data processors or service providers processing personal data solely on our behalf.

  Right to Opt-Out of Profiling

  We do not process personal data for profiling in furtherance of decisions that produce legal or similarly significant effects.

  California Right to Limit the Use and Disclosure of Sensitive Personal Data

  California residents have the right to direct us to limit our use and disclosure of sensitive personal data to those uses and discloses that are necessary to perform our services or provide goods to you.

  Verification Process and Denials

  Note that certain privacy rights requests are subject to our verification process. For these types of privacy rights requests, we may need to match certain data points you provide with the information in our systems to verify your identity to the degree of certainty required by law.

  We reserve the right to decline requests as permitted under applicable laws, including requests that: are unreasonable or excessive, we believe to be fraudulent, where honouring the request (such as by providing personal data) would be prohibited by law or could adversely affect the privacy or other rights of another person, where we are unable to verify you as the person to whom the personal data relates, where you do not have a privacy right in your jurisdiction, or as otherwise permitted by applicable law.

  Designating an Agent

  Depending on your state of residency, you may designate an authorized agent to make certain privacy rights requests on your behalf. Privacy rights requests submitted by designated agents are subject to our verification process, which may include the agent providing proof that they are authorized to act on your behalf, and you verifying your identity directly with us. Designated agents may submit requests to privacy@yotoplay.com.

  Questions and the Right to Appeal

  If you have questions about how we handle privacy rights requests, including re-examining or appealing requests of yours we are unable to fulfil, you may contact us at privacy@yotoplay.com.

  California Shine the Light Rights

  California residents may request certain information about certain types of personal data we disclose to third parties for the third parties’ direct marketing purposes. To submit this type of request, email privacy@yotoplay.com with “California Shine the Light Request” as part of the subject line. The information we provide and our response is subject to applicable law.