Privacy Policy

Scope of this Privacy Policy

This privacy policy explains how we at Caribu Inc. collect, use, or store any information that we
collect from Users of the Caribu website and application. The use of Caribu is also subject to
Caribu Terms and Conditions.

Definitions

Caribu Inc. is the provider of the Caribu, a children’s reading and video calling application for
smartphones, tablets, and other devices (the Application).

Caribu can be contacted through email at: askcaribu@mattel.com.

Within these Terms and Conditions, the following definitions apply:

  • “Person in Charge”: The account holder or adult person created an account with Services.
  • “Child” / “Children”: any minor child making use of the Services through any account.
  • “Contact”: any person in the Contacts screen of Caribu. These are individuals that have been
    connected to the account of the Person in Charge and can, therefore, be called through Caribu by
    themselves.
  • “Users”: any Person in Charge, any Children, and any Contacts using the application in any
    capacity.
  • “Services”: the ability for users to access the Caribu application, use Caribu to video call,
    read, and interact with each other.
  • “Data”: any information or images obtained from a User of Caribu.

Information collected

User information: Caribu collects the name and email of the account administrator who sets up the
Caribu account. We use this information to facilitate the adding of Contacts, subscription plan
status and to improve our overall business activities.

Caribu does not collect any personal information from Children under 13 years of age. All Caribu
accounts are set up by adults as the sole account administrators.

Caribu collects usage statistics to help us improve our application. These usage metrics are
essential for the development and improvement of both new and existing features and help us
improve. Caribu will also collect email addresses submitted through the newsletter signup box, but
we don’t and will never misuse or sell these emails to any other parties.

What happens to the information you send using the contact form: Any email that is submitted
through the newsletter signup box will be stored. We will occasionally send out information and
newsletters to all email addresses collected. You have the right to request to be taken off the
newsletter list at any time.

Google Analytics and Mixpanel are used to collect visitor statistics: Google Analytics and
Mixpanel is an analytics tool that helps website and application owners understand how visitors
engage with their website and applications. Google Analytics and Mixpanel customers can view a
variety of usage reports about how visitors interact with their website so they can improve it.
Google Analytics collects information anonymously, so no personal information is included. It
reports website trends without identifying individual visitors. Please see the full Google
Analytics privacy policy for details.

No other companies collect data through this website: We do not allow advertising companies or any
other companies to collect data through this website. The only exception is anonymous visitor Data
that is collected by Google Analytics (see above).

How we use the information collected

All personal data is stored securely in accordance with the EU General Data Protection Regulation
(Regulation (EU) 2016/679) (GDPR). Under GDPR we will ensure that your personal data is processed
lawfully, fairly, and transparently, without adversely affecting your rights. We use the
information that we collect from Users to understand website and application User trends.
Additionally, we use the information in the following ways:

  • Personalized emails
  • In-app messaging

Who we share information with

Other than anonymous usage statistics gathered and reported for us by Google Analytics and
Mixpanel, see Section 2 above, Caribu does not share User information with anyone outside of the
company.

Other privacy and security information

In-app advertising: Caribu does not contain any advertising inside of the website or applications.

Push notifications: Caribu will occasionally send out push notifications for new content, updates,
incoming calls, and other relevant information.

No links: The Caribu apps do not contain any links to other apps or the web.

Children’s Privacy: We recognize and value the importance of protecting the security of Children’s
information, so we take steps to avoid gathering any personal information from Children. We also
encourage parents to be actively involved in their Child’s use of any technology.

Updates: We reserve the right to update and amend this privacy policy without notice. We will post
any privacy policy changes on this page. We will also keep prior versions of this Privacy Policy
in an archive for your review. This privacy policy was last updated in August of 2020.

Contact us for more information

Please do not hesitate to contact us with any questions related to privacy. We strive to provide
the best possible service and the best possible experience for our customers. Contact us at:
support@caribu.com.

Caribu Website Terms and Conditions

Welcome to caribu.com. By choosing to browse and use this website you are agreeing to comply with,
and be bound by, the following Terms and Conditions of use, which together with our Privacy Policy
and Caribu Terms and Conditions, govern Caribu Inc.’s relationship with you in relation to this
website. The term “Caribu” or “us” or “we” refers to the owner of the website and the owner’s
officers, affiliates, employees, directors, or agents. The term “you” refers to the User or viewer
of our website.

The use of this website is subject to the following terms of use:

  • The content of the pages of this website is for your general information and use only. It is
    subject to change without notice.
  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy,
    timeliness, performance, completeness or suitability of the information and materials found or
    offered on this website for any particular purpose. You acknowledge that such information and
    materials may contain inaccuracies or errors and we expressly exclude liability for any such
    inaccuracies or errors to the fullest extent permitted by law.
  • Your use of any information or materials on this website is entirely at your own risk, for which
    we shall not be liable in any way. It shall be your own responsibility to ensure that any
    products, services, or information available through this website meet your specific
    requirements and are used appropriately.
  • This website contains material which is owned by or licensed to us. This material includes, but
    is not limited to, the design, layout, look, appearance, and graphics. Reproduction is
    prohibited other than in accordance with the copyright notice, which forms part of these Terms
    and Conditions.
  • All trademarks reproduced in this website, which are not the property of, or licensed to the
    operator, are acknowledged on the website.
  • Unauthorized use of this website may give to a claim for damages and/or be a criminal offense.
  • From time to time this website may also include links to other websites. These links are
    provided for your convenience to provide further information. They do not signify that we
    endorse the website(s). We have no responsibility for the content of the linked website(s) nor
    liability for any provided content.
  • Your use of this website and any dispute arising out of such use of the website is subject to
    the laws of the United States of America.
  • Please see our privacy policy for information on how we use any Data collected on this site.

Caribu Application Terms and Conditions

Caribu Applications:

Any User of the Caribu Application agrees to respect the intellectual property of Caribu and
comply with these Terms and Conditions of use. Users undertake not to perform any activity that
competes with Caribu and accept that Caribu may interrupt, suspend, or change the Services
accessible on the Application at any time.

I – Introduction

  1. Application of the Terms and Conditions

    By registering for the Services, the Persons in Charge agree to be bound by all of the Terms
    and Conditions, which they confirm having fully read and understood. The Persons in Charge
    shall ensure respect of the Terms and Conditions by the Children and Contacts and shall be
    responsible for this.

II – Permitted Use of Caribu and Caribu Services

  1. Downloading the Application

    Prior to any registration on the mobile Application, the Person in Charge must download the
    Application. The Application is available to be downloaded through the Apple Store and Google
    Play Store to a handheld, tablet, or mobile device (hereinafter the Device). It is only
    possible to install a single Application per Device. The web Application does not require
    downloading and can be accessed directly on a compatible desktop browser via
    https://app.caribu.com.

  2. Registration of the Person in Charge

    Once the Application is installed on the Device, or accessed via a browser, any person who
    wants to use the Services of Caribu must register and create a Profile containing his personal
    Data. Registration of the Person in Charge is an essential prerequisite. In order to register,
    the Person in Charge must give a name, email address, and password enabling the creation of an
    account after activation and acceptance of the Terms and Conditions. Personal Data in relation
    to the Person in Charge is processed in accordance with Article 14 of this document. Such Data
    are strictly personal and non-transferable. The Person in Charge guarantees that they are of
    majority age and that their identification details are correct. They also guarantee that the
    provisions of the present Terms and Conditions are compatible with any and all laws and
    statutes that apply to them, and that they may freely accept the Terms and Conditions. An
    email is sent by Caribu to the address indicated by the Person in Charge in order to confirm
    the registration. The Person in Charge may then access their Profile via the Application.

  3. Password of the Person in Charge

    The Person in Charge chooses a specific password to access their Profile on Caribu. The
    password of the Person in Charge is strictly personal, confidential, and non-transferable. It
    may not be divulged to or shared with third parties. The Person in Charge alone is responsible
    for the confidentiality of the password and releases Caribu from any responsibility in this
    respect. The Person in Charge undertakes to change the password from time to time and if it is
    suspected that his confidentiality has been compromised.

  4. Profile options for the Person in Charge

    • Changing the name of the Person in Charge.
    • Changing the password of the Person in Charge.
    • Adding or removing a Contact.
    • Seeing their contact notifications and approving contact requests.
  5. Creation of the list of Contacts

    Once registered, only the Person in Charge can add Contacts. Contacts are added to the in-app
    contacts list after acceptance from the Contact or of an invitation from the Person in Charge.
    The invitation is sent either directly to the Contact’s email address, via a unique link, or
    via a Caribu ID invitation of existing Persons in Charge accessible in the Application.
    Persons in Charge agree to allow Caribu to send an email to the email address of Contacts that
    are not currently registered on Caribu if they chose to send an email contact invitation. The
    Contacts must download the Application and have access to the internet to use the Services.
    The Contact confirms their identity and agrees to be among the Person in Charge’s Contacts.
    The Contact must also confirm his acceptance of the present Terms and Conditions in order to
    be registered.

  6. Addition of photographs

    Contacts are identified in the contacts list in the Application with a photograph or other
    image identifying them. The Contact authorizes this use of this image and any other image
    later uploaded or provided by them, and of the photograph, they chose at the time of
    registration. The Contact and the Person in Charge may later select another photograph or
    image for their profile.

  7. Parental gate

    The Person in Charge is asked to enter their date of birth whenever they wish to access a
    restricted area of the application. This is to prevent Children who are using the Services to
    access the restricted area.

  8. Purchases

    Caribu offers a paid subscription available for purchase through the Application’s menu.
    Purchases made through Apple’s or Google Play’s in-app purchase system require a password to
    be entered before purchase. Purchases made through the web Application require a payment
    method of the Person in Charge’s preference amongst those available. Available payment methods
    may vary by location and are subject to the payment method’s terms of use.

    Subscription:

    • A Caribu subscription is shared during a call, which will enable a non-subscribed User to
      access all content for the duration of a call with a subscriber.
    • Prices may be changed at any time without further notice. We reserve the right to change our
      product’s prices at any time without further notice.
    • Prices listed on any other website may not be accepted . We may sell our
      products through a number of different online and television channels and we cannot always
      control when they are updated. We reserve the right not to accept a price listed on a site
      other than our own.
    • Payment will be charged to iTunes or Google Play Account for mobile app subscriptions, or
      directly to the payment method chosen on the web application, at confirmation of purchase
    • Subscription automatically renews unless auto-renew is turned off at least 24-hours before
      the end of the current period
    • The account will be charged for renewal within 24-hours prior to the end of the current
      period
    • The User may manage subscriptions & may turn off auto-renewal by going to Settings after
      purchase
    • Canceling a subscription will immediately end access to premium content.
    • Cancel at least 24 hours before the current billing period ends to avoid renewal charges.
  9. Refunds

    Caribu may give refunds for some purchases, depending on the following refund policies:

    • Within 48 hours: You may be able to get a refund depending on the details of the
      purchase.
    • If a purchase was accidentally made by a friend or family member using your account
    • If you find a Caribu purchase on your card or other payment methods that you didn’t make and
      that wasn’t made by anyone you know, report unauthorized charges within 120 days of the
      transaction.

    Please contact support@caribu.com to request a refund.

    Note: If you give your account or payment details to someone else, appear to be abusing
    our policies, or don’t protect your account with authentication, we usually can’t issue a
    refund.

III – Sending Messages and Options

  1. Video Calling

    Persons in Charge may video call their Contacts. Media is encrypted end-to-end (E2E) using
    WebRTC security protocols. Caribu does not mediate in the media exchange, which takes place
    through direct communication among Persons in Charge. As Caribu does not intercept the media,
    it is not possible to record or to transcode the media or to make it interoperate with other
    RTC services.

  2. Fee-based options

    The Application can be downloaded and used free of charge. However, certain additional options
    of the Application may be fee-based, at the discretion of Caribu Inc.

IV – Protection of User Data

  1. Processing of Data of a personal nature

    You are solely responsible for your information and your interactions with other members of
    the public, and we act only as a passive conduit for the online posting of your data for
    interaction with other Users. Caribu does not claim any ownership over your information, and
    Users maintain all proprietary ownership rights to the information they provide within the
    Application or Website. Information will only be used and stored as described in these Terms
    and Conditions and the Caribu Privacy Policy, and will not be used for any other purpose. For
    the entire duration of registration to the Services, Users undertake to inform Caribu of any
    changes to their own Data and to make the necessary modifications on the Application to keep
    the Profile up-to-date and accurate. The Data gathered by Caribu are intended to be processed
    by Caribu who may collect them, manage them, use them, communicate them, store them, integrate
    them in their own database and process them automatically for the purpose of operating the
    application and providing the Services. Caribu may use these Data to identify and Contact the
    parties, manage the clientele, integrate the Data in databases to facilitate the processing,
    and integrate video calling and book reading.

  2. Obligation of the Contacts

    Without prejudice to the legal provisions, Users with access to Data of a personal nature
    undertake to respect the confidentiality of these data, and not to exploit them in a way that
    is incompatible with the purpose of the Service as described in these Terms and Conditions or
    without the authorization of the Users concerned. This usage is under the sole and entire
    responsibility of the Users, who release Caribu in this respect.

  3. Access, rectification, and deletion of Data of a personal nature

    The parties have a right to delete and rectify the data concerning them, using the edit or
    delete option of their Profile or by sending an electronic mail to: support@caribu.com. The
    deletion of part of the compulsory Data of the Profile is equivalent to deregistration.

  4. Technical protection of Data of a personal nature

    Caribu archives Data in a secure environment, which is only accessible with a combination of
    username, password and a second-factor authentication method. Employees and agents of Caribu
    with access to the Data are bound by a contractual confidentiality obligation with respect to
    the Personal Data. Data are encrypted.

  5. Conservation of Data of a personal nature

    After termination or deregistration of Users, Caribu may, at its entire discretion, keep the
    Data submitted regarding the registration to the Services for twelve additional months, for
    reports, verifications, or consultations. Once the personal data have been deleted, Caribu
    only keeps summary anonymous Data for statistical purposes.

V – Deregistration

  1. Deregistration conditions

    Users may deregister their Caribu account at any time and the Persons in Charge may, at any
    time, deregister or terminate their account, free of charge and without compensation, by using
    the Application. If a User does not have the Application, he must ask Caribu for
    deregistration at the address support@caribu.com. Deregistration by email may take a few days.
    The deletion of the Application from the Devices does not result in deregistration from the
    Services.

VI – Responsibilities

  1. Obligations and responsibilities of the Parties

    With regard to the use of the Service and the consultation of the Site, Users undertake, in a
    general way, to respect the applicable laws and the present Terms and Conditions and not to
    infringe the rights of third parties. Consequently, without prejudice to the other provisions
    of these presents, each User undertakes without reservation:

    • Not to use the Application for commercial purposes (prospecting, etc.).
    • To only provide information that is accurate and correct and to regularly update it.
    • To only divulge personal information that shall not harm any person’s rights and are not
      prejudicial to any User.
    • To only provide information and Data that they are empowered and authorized to disclose
      and use in relation to the Services.
    • Not to divulge any password to a third party.
    • Not to communicate or distribute, in any form or nature whatsoever, content that infringes
      the rights of third parties or which is of a defamatory, injurious, threatening, obscene,
      offensive, hateful or violent nature, or which incites violence, or is of a political,
      racist, xenophobic, vulgar or pornographic nature, or any content which in general does
      not correspond to the Services of Caribu or which would be inappropriate for Children and
      families.
    • Not to communicate content that constitutes a breach of any criminal law, including child
      pornography, pedophilia, debauchery, racism, xenophobia, advertising for offers of
      Services of a sexual nature, the sale of narcotics, or other illicit substances, etc.
    • Not to communicate content that infringes the intellectual property rights of third
      parties or other rights and interests of third parties.
    • To display moderation and ethics in all communications sent through the Application.
    • Not to make public or commercial communications, or which promote any goods or Services
      whatsoever.
    • Not to advertise or send unrelated messages, “spam”, to other Users of the Services.
    • Not to promote sites, that directly compete with Caribu.
    • To behave faithfully towards Caribu and its Users.
    • Not to reduce, disorganize or prevent the normal use of the Site Services, in particular
      by interrupting and/or slowing down access to the Application or the circulation of
      information by means such as viruses, mass sending, “deep link”, “page-scrape”, “robot”,
      “spider” or any other means, program, method, algorithm, that could interfere with the
      operation of the Site.
    • Not to adopt any other improper or illegal attitude or action that is contrary to accepted
      standards of behavior, public policy, or the good management of the Application or which
      is able to harm the rights of third parties.

    In the event of the non-observance of the principles set out above, or the Terms and
    Conditions, Caribu reserves the right to immediately deactivate and terminate the account of
    any User responsible, to prohibit subsequent access to and registration on the Application,
    and to claim payment of all compensation in order to compensate for the damage suffered by
    Caribu caused by or related to the non-observance of these provisions.

  2. Responsibility of Caribu

    Caribu expressly declines all responsibility in the event of the non-observance of the
    obligations of the Users or in the event of damage caused by them. If applicable, the User at
    fault or responsible shall indemnify Caribu against any claims by third parties or any
    judgment pronounced against it. Caribu is not responsible either for the erroneous nature of
    certain Data provided by Users in relation to their registration. Caribu has no general
    surveillance obligation regarding the information that it sends or stores, nor any general
    obligation to actively search for the facts or circumstances revealing illicit activities. In
    the event of the communication of illicit content on the Application, Caribu may only be held
    responsible if it had actual knowledge of the illicit activity or information, and if it has
    not responded promptly, as of the time of it knowing of all details required to withdraw the
    illicit information or to make access to it impossible. Caribu may be asked to give the
    competent judicial authorities information enabling them to identify the Contacts in the event
    of illicit activities being performed from the Application, with the observance of the
    applicable procedures. Caribu does not guarantee that the Services shall be accessible if the
    Internet service provider of the Contacts or the Child is at fault. Caribu is not responsible
    for the lack of operation, impossibility of access, or poor conditions of Devices imputable to
    unsuitable equipment, malfunctions due to the service provider of the Contacts or the Child,
    congestion on the Internet network, malfunctions of the host and service provider of Caribu,
    or for any other reason not arising exclusively from a fault directly attributable to Caribu.
    Caribu declines all responsibility in the event of the loss of Data due to the poor operation
    of the Site or the Application. Caribu may temporarily interrupt access to the Site or the
    Services for maintenance, updates, technical improvements, or development of the content or
    its presentation. Caribu website may include links to other websites
    or other Internet sources. However, Caribu is not able to verify or check these external
    sources and may not be held responsible for the provision of these sites or sources, or their
    content, advertisements, products, or services offered. Users consult them at their risk and
    under their own responsibility. Equally, Caribu does not guarantee the continuity of its
    Services. The Parties release Caribu from any responsibility in the event of any damage or
    harm whatsoever resulting in the non-observance of the obligations that they enter into by
    accepting the Terms and Conditions.

VII – General Provisions

  1. Intellectual property regarding the Application

    The interface, typography, logos, graphics, photographs, animations, icons, sounds, videos,
    characters, texts, etc., of the Application, are the exclusive intellectual property of Mattel
    Inc. or its partners, and may not be reproduced, used or represented without its prior written
    consent. The same goes for the Caribu database and its content, and for the source codes of
    and the Application, as well as for any software enabling the operation of the Application.
    The right to use these elements, granted to the Users, is limited to the access to the
    Services, downloading and printing Messages and reproduction of these on all supports for
    private usage, only for the purpose of using the Services. Except in the cases expressly
    provided by the Terms and Conditions, the Users are prohibited from modifying, copying,
    reproducing, downloading, distributing, transmitting, decompiling or compiling, commercially
    exploiting or distributing, in whatever form, the pages or parts of pages of the Site or the
    Application or the computer codes of the underlying elements. Caribu and its logo are
    registered trademarks of Caribu Inc.

  2. Image rights

    The Persons in Charge agree to the photographs they select as profile pictures to be saved on
    the computer server of Caribu. They indemnify Caribu against any claims related to the use and
    storage of these photographs.

  3. Compatibility with the rules of COPPA (Children’s Online Privacy Protection Act)

    The Caribu system is compatible with the COPPA rules, as no personal information is collected
    directly from Children. All of the Data is collected directly and only from the Persons in
    Charge, who guarantee that they exercise parental or legal guardian authority over the Child.
    The personal data relating to the Children are not communicated to any third parties without
    the express consent of the Person in Charge in accordance with these Terms and Conditions.

  4. Statistics

    Caribu is authorized to gather anonymous statistics related to the use of the Services by
    Users.

  5. Termination by Caribu

    Caribu may, without prior notice or indemnity, deactivate the account of a User in the event
    of the non-observance of the rules stated in the Terms and Conditions or in the event of
    fraud. The deactivation of the Profile is without prejudice to any legal action or claim for
    compensation that may be made by Caribu to safeguard its interests. This termination is
    equivalent to and produces the same effects as deregistration of the Party concerned.
    Application of the preceding paragraph shall not give rise to any indemnification of the User
    or any reimbursement of sums which may have been paid by the User.

  6. Final provisions

    These Terms and Conditions constitute a contract governing the relations between Caribu and
    the Users. If certain provisions of these Terms and Conditions are determined to be null and
    void, the other non-invalidated provisions shall continue to apply. Without prejudice to other
    provisions, Caribu may amend the Terms and Conditions at any time. The Users shall ensure they
    are always familiar with and have validated the latest version, which is accessible on the
    Site and in the Application. These Terms and Conditions are without prejudice to the
    application of the Terms and Conditions of the Apple Store and Google Play Store for
    downloading the Application and any fee-based options.

  7. Applicable law and competent jurisdiction

    These Terms and Conditions are subject to United States Law. In the event of disputes relating
    to these Terms and Conditions, the use of the Site, the Application or the Services, only the
    courts of the State of Delaware will have jurisdiction. The Data gathered by Caribu are
    intended to be processed by Caribu who may collect them, manage them, use them, communicate
    them, store them, integrate them in their own database and process them automatically for the
    purpose of operating the Application and providing the Services. Caribu may use these Data to
    identify and Contact the parties, manage the Users, integrate the Data in databases to
    facilitate the processing, and integrate Messages. By accepting the present Terms and
    Conditions, the Parties authorize, without restriction, the transfer, and storage of their
    Data. Caribu reserves the right to exploit these Data anonymously, in particular for the
    purpose of studies, statistics, and analysis.