Effective Date: January 1, 2020
1. GoPro International Compliance
We may process, transfer and store your information in the United States and in other locations outside of the European Economic Area. Any transfer of your data to the United States or another location outside the European Economic Area will be in compliance with applicable European data protection laws. In respect of transfers to the United States, we comply with the E.U. – U.S. and Swiss U.S. Privacy Shield Frameworks, see Section 16 below. In order to safeguard data transfers to other recipients located outside of the European Economic Area and in order to grant sufficient protection of your Personal Data in this context, we use standard data contractual clauses adopted by the European Commission.
2. The Information We Collect
Information You Provide
GoPro collects a variety of information that you provide directly to us, including personal data that may be contained in videos, comments, or other submissions you upload or post to the Services. “Personal Data” is information that is related to an identified r or identifiable natural persona and is protected as personal data under applicable data protection laws.
The specific types of information collected will depend upon the Services you use, how you use them, and what you choose to provide, and may include your full name, email address, phone number, product serial number, home address, mobile phone number, credit card information, shipping address, gender, birth date, and zip code. Our mobile services may request your Wi-Fi network name and access to your photos and videos to enable you to download photos and videos to your computer/mobile device or upload photos and videos to your GoPro account or social media accounts. Those who win a prize in our contests may be required to provide their social security number and other identification for tax purposes, which will only be used for prize fulfillment purposes. When you shop through our web store, we may collect data such as the purchases you have made, items in your shopping cart, and how often you make purchases. We also collect information you choose to include in your GoPro account, including, but not limited to, videos and photos, any comments on yours or others’ posts, interests and preferences, location, videos and photos that you have favorited, and other GoPro users whose GoPro accounts you follow.
How We Collect Information You Provide
We may collect the above types of Personal Data in the following contexts:
Information We Automatically Collect
When you use our websites (including our web store), we collect and analyze information about your computer or mobile device, such as your browser type, IP address, a mobile device identifier (e.g., a IDFA on Apple products like the iPhone and iPad or similar advertising identifiers), browser language, operating system, error logs, the state or country from which you accessed the Services, referring and exit pages and URLs, platform type, the number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time you used the Services and upload or post content, error logs, and other similar information. We monitor customer traffic patterns and site usage to help us develop the design and layout of the site, and to improve the content of our website to better match the interests of our website users.
· GoPro Devices
When you connect your GoPro device (such as a camera) to the Internet or to a GoPro desktop software application (discussed below), we may automatically receive certain information about your GoPro device and your use of it, including camera type, serial number, IP address, firmware version, log files, camera modes, settings, durations, error rates, and other similar usage information. This information helps us to improve our products and services, troubleshoot bugs, and analyze camera errors.
· Mobile Software Applications
When you use a GoPro mobile application we may automatically receive certain information about your mobile device and use of the application, including a mobile device identifier, advertising identifiers), operating system, version, IP address and other similar information, such as time spent in different portions of the GoPro mobile application and error rates. We may also collect different types of information about your location, including general information (e.g., IP address, zip code) and more specific information (e.g., precise GPS information using the mobile devices used to access the Services), as detailed further below.
· GoPro Desktop Software Applications
Our desktop software, including but not limited to Quik Desktop App, may automatically send data to us about usage of the service or the software when it connects to the Internet. This information will include information about your computer such as operating system, technical specifications, IP address, and data related to your use of the service or the GoPro software on the computer, e.g., number of installs and downloads, screens visited, time spent in different portions of the GoPro desktop application, error rates, screen resolution selected, video recording mode, features used, and other similar information. We monitor customer software usage to help us develop the design and layout of the desktop software and to improve the content to better match the interests of our users.
· Connected TV Applications
When you use a GoPro TV app, we collect and analyze information such as your IP address, operating system, the number of clicks, videos viewed and liked, the amount of time spent on particular videos and the app, the date and time you used the app, error logs, and other similar information.
· Location Information
When you install our mobile applications, you will if legally required be asked to grant access to your mobile device’s geolocation data. If you grant such permission, we will collect information about your precise geolocation (i.e., your real-time geographic location), and will use that information to customize the Services with location-based information and features. You can withdraw your consent at any time. Moreover, you can disable the GPS or other location-tracking functions on your mobile device, provided your mobile device allows you to do this. See your device manufacturer’s instructions for further details. We may also be able to collect location information through your use of a GoPro device. If so, we will ask you before this information is captured and you will be given the opportunity to turn it off.
Some GoPro devices (like our cameras and drones) have geolocation functionality that enables you to automatically associate your location with the content that you create on that GoPro device. On such devices you will be asked for your consent to activate the GoPro device’s geolocation functionality. If you grant such permission, any content that you create on that GoPro device will have the location where the content was created embedded on the content file. If you no longer wish to use the geolocation functionality you can disable it in the GoPro device’s settings.
Information from Other Sources
3. Cookies and Similar Technologies
Please see our dedicated Cookies Policy.
4. Online Advertising and Analytics
We may use third-party web analytics services on our Services, such as those of Google Analytics. These service providers use the sort of technology described in the Automatically-Collected Information section above to help us analyze how users use the Services, including by noting the third-party website from which you arrive. The information collected by the technology will be disclosed to or collected directly by these service providers, who use the information to evaluate your use of the Services. We also use Google Analytics for certain purposes related to online marketing, as described in the following section. If you’d like to opt out of Google Analytics, please use the Google Analytics Opt-Out Browser Add-on located here: https://tools.google.com/dlpage/gaoptout
We do not serve third party advertisements to you while using GoPro.com. However, we do work with website analytics and advertising partners, including Google, Doubleclick Campaign Manager, AdRoll, Commission Junction and Facebook, to deliver GoPro advertisements on third party publisher websites - these partners may set cookies on your computer's web browser. These cookies allow our partners to recognize your computer so that the ad server can show you GoPro advertisements elsewhere on the Internet, and so that our analytics software can measure your engagement and interactions while using GoPro.com. In this way, ad servers may compile certain information about where you, or others who are using your computer, saw our advertisements, whether or not you interacted with our advertisements, and actions performed on subsequent visits to GoPro.com. This information allows an ad network to deliver targeted advertisements that they believe will be of most interest to you, and it allows GoPro to optimize the performance of our advertising campaigns and the usability of our website. In other words, we use analytics data in concert with data about our online ads that have been shown using the Google Display Network, DoubleClick for Advertisers, or other online advertising networks. By doing so, we can understand how anonymous users interacted with our website after seeing our ads.
Notice concerning Do Not Track.Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. We are committed to providing you with meaningful choices about the information collected on our website for third party purposes, and that is why we provide the Network Advertising Initiative and the Digital Advertising Alliance opt-out links below in Section 7. However, we do not recognize or respond to browser-initiated DNT signals, as the Internet industry is currently still working toward defining exactly what DNT means, what it means to comply with DNT, and a common approach to responding to DNT.
For more information about these advertising and analytics services and how to opt out, please see the “Your Choices” section below.
5. Uses of Information and Legal Bases for Processing
GoPro uses the Personal Data it collects as further described in Section 2 above for the following purposes:
· Service Improvement – As discussed throughout this Policy, we will use information to understand how users interact with our Services and advertisements, provide tailored content and advertising, improve the overall GoPro customer and product experience, perform research and analytics.
· Business Operations – we use the information we collect for various business operations such as: detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity; maintaining your accounts; and debugging to identify and repair errors that impair the Services.
· GoPro Personalization Services – Only with your prior consent, we use the information which we collect when you access the Services via GoPro devices, applications (web, mobile, desktop software, cloud services, connected TV and games console), your GoPro account, and our websites and web store to create profiles and to further personalize and improve the Services for you, such as by providing personalized customer support (e.g. to access your GoPro device logs to troubleshoot a technical issue you have experienced), delivering in-application messages and promotions, recommending features, and tailoring content and advertising to you. Unless you opt out, we may combine automatically collected information (see Section 2 above) with identifiable information we have collected about you (including your GoPro device serial number and email address). If you do not want us to associate this information with you personally for personalization purposes, you may opt out in accordance with Section 7 (“Your Choices”) below. Please note, however, that we may still need to associate some identifiable information about you with automatically-collected information to assist in our internal business operations, and you are not legally required to provide us with your consent. However, without your Personal Data we will not be able to offer you our GoPro personalization services as described above.
· Newsletters, Social Media Campaigns, Special Offers and Updates - We will occasionally send you information on products, services, special promotions, contests, customer satisfaction surveys, events, and opportunities to interact with GoPro and our community. We will ask for your consent before sending these communications if your local laws require this. You can sign up to receive these emails and social media campaigns from us on our newsletter sign up page and/or during checkout while purchasing a product. You have the option to opt-out of these types of communications at any time. Out of respect for your privacy, we present the option NOT to receive these types of communications. Please see the “Your Choices" section below for more details on how to unsubscribe or opt out of these communications from GoPro.
· Order-Related Communications - If you place an order, we will use your name and email address to send you an order confirmation email, a shipping confirmation email. We will use your information to process your order and payment, and may also send you customer satisfaction emails. If you do not wish to participate in customer satisfaction emails, you may opt out of such emails upon receipt by clicking the “Unsubscribe” link contained in the email.
· Customer Service - Based upon the information you provide us at the time of GoPro account registration or purchase, we will send you a confirmation email to verify your username and password. We will also communicate with you in response to your inquiries, to provide the services you request, and to manage your GoPro account. We will communicate with you by email or telephone, in accordance with your preferences.
· Service-Related Announcements - We will send you service-related announcements on rare occasions when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, we might send you an email, push notification, or an in application or web-based communication. Generally, you may not opt out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your GoPro account.
The legal bases pursuant to which we process information as discussed above are:
· Where use of your information is necessary to perform our obligations under a contract with you (for example, to comply with: the terms of service of our websites which you accept by browsing the websites/registering; and/or our contract to provide Services to you)
· Where use of your information is necessary for our legitimate interests or the legitimate interests of others (for example, to provide security for our websites, products, software, or applications; operate our business and our Services; ensure safe environments for our staff and users; make and receive payments; comply with legal requirements and defend our legal rights; prevent fraud; and generally enhance and improve the Services
· Where you have consented to our processing of your information for a particular purpose
· Where we are required or permitted to process your information under applicable EU Member State law
6. Sharing and Disclosure of Information
GoPro will share information as outlined below or with your consent:
· Customer Testimonials - At times, we may post customer testimonials on our website. You should not include personal information into such testimonials and in particular use a "nick name" instead of your real name.
· User-Generated Content - Youmay be able to disclose information about yourself in the course of contributing user-generated content on publicly-available areas of the Services, such as your GoPro user profile. Your GoPro user profile and any information you post there will be publicly available. This includes, but is not limited to: your uploaded photos or videos, full name, email address, phone number, address, interests, content that you have favorited, and GoPro users whose GoPro accounts you follow. Your photo or video files may also contain your narrations and captions, as well as data regarding your precise geo-location or information from a fitness device (e.g., your heart rate as you sky-dived) if you have chosen to manually associate this data with your video (e.g., by connecting your camera to a fitness device or by overlaying fitness information on your video in Quik Desktop App). If you share content via hidden URL link, that content and associated data will be accessible by anybody who has the access to the URL link. Your content will also be shared with users of other social media services to which you have chosen to share, consistent with your privacy settings on those services. Such information is unencrypted, public information, may be accessed or recorded by us, and there is no expectation of privacy or confidentiality in such information. Any information, including your Personal Data you submit in the course of such activities can be read, collected, or used by other users. We cannot control how other users of our Services such as Plus, Quik and Awards might use your information. We especially cannot prevent you receiving unwanted messages from other users. If you wish that a specific content generated by you shall be removed from publicly-available areas of our Services, please contact us at email@example.com.
· Service Providers - We use third party service providers to offer or facilitate services on our behalfand share your Personal Data with such providers to the extent necessary for such providers to perform their services on our behalf. In particular, we are using a shipping company to fulfill orders, an Ecommerce platform to a provide our web store, a credit card processing company to bill you for goods and services, cloud based enterprise resource planning software providers to record and manage web store sales and subscriptions, cloud based customer relationship management software to enable us to record and plan our customer interactions, a cloud based subscription software provider to automate our subscription billing, a data center to administer all online aspects of the Services, a cloud based storage provider to store any content that you upload to your GoPro account, an accounts payable provider to process any payments that we make to you, a social media agency to manage our social campaigns, a data onboarding company to implement our social campaigns, email service providers to send out emails on our behalf, an in app messaging provider to send out mobile app notifications on our behalf and a web messaging provider to serve messages while you browse GoPro.com. When you order products from GoPro, we will share your information as necessary for such third party service providers to provide the applicable service to us or on our behalf. These third parties are required to use the information they collect in the course of performing services for us only on our behalf.
· Business Transactions - Information that we collect is considered a business asset. As a result, if we go out of business, enter bankruptcy, or if we are acquired as a result of a transaction such as a merger, acquisition or sale of some or all of our assets, your information may be disclosed or transferred to a third party acquirer in connection with the transaction and any diligence surrounding such transaction.
· Legal Compliance - We reserve the right to access and disclose your information when we believe in good faith that such disclosure is necessary to: (a) enforce legal rights and comply with the law; (b) comply with an order from a government entity or other competent authority, (c) prevent or address potential or actual injury or interference with our rights, property, operations, users or others who may be harmed or may suffer loss or damage; (d) protect our rights, prevent fraud and/or comply with judicial proceeding, court order, or legal process served on GoPro.
· Law Enforcement - We may be required to disclose your information to government or law enforcement officials in response to a lawful request by a public authority or if we have to do so to comply with a legal obligation, including to meet national security or law enforcement requirements. We can also disclose your information in order to pursue our legitimate interest in applying or enforcing our terms and conditions or in responding to any claims, in protecting our rights or the rights of a third party, in protecting the safety of any person or in preventing any illegal activity (including for the purposes of fraud protection and credit risk reduction)
7. Your Choices
GoPro provides you with a number of choices with respect to the information we collect and use as discussed throughout this Policy. Some of your choices include:
· Marketing Communications. If you purchase a product but do not wish to receive any additional marketing material from us, you can indicate your preference on our order form by leaving the “Opt-In” checkbox blank. If you no longer wish to receive our newsletters, social media campaigns and promotional emails, you may opt out of receiving them by following the instructions included in each newsletter or email or by contacting customer support at https://community.gopro.com/.
· GoPro Personalization Services. As discussed in depth in Section 5, GoPro may use the your information to personalize your GoPro experience. Such personalization services may include providing tailored content, features, in-application communications and promotions, and personalized customer support. If you do not want GoPro to provide such personalized services, you may opt out through your GoPro account settings by disabling the Send Personalization Data tab. If you opt out, we will still collect GoPro device and usage information outlined in Section 2 above, and we may still associate it with identifiable information about you, but it will not be for personalization purposes.
8. EU Rights to personal information
EU and Swiss individuals have the following rights, under certain circumstances,:
· Right of access: You have the right to request confirmation as to whether or not your Personal Data is being processed, and, where that is the case, to request access to the Personal Data and information such as the purposes of the processing or the categories of Personal Data concerned.
· Right to rectification: You have the right to request the correction of inaccurate Personal Data
· Right to erasure: You have the right to request erasure of Personal Data without undue delay under certain circumstances, e.g. if your Personal Data is no longer necessary for the purposes for which it was collected or if you withdraw consent on which processing is based and where there is no other legal ground for processing.
· Right to restriction of processing: You have the right to request us to restrict the processing of your Personal Data under certain circumstances, e.g. if you think that the Personal Data we process about you is incorrect or unlawful.
· Right to data portability: Under certain circumstances, you have the right to receive your Personal Data you have provided us with, in a structured, commonly used and machine-readable format and you have the right to transmit that information to another controller without hindrance or ask us to do so.
· Right to object: You have the right to object to the processing of your Personal Data under certain circumstances in particular if we process your Personal Data on the basis on legitimate interest or if we use your personal data for marketing purposes.
You may assert these rights at any time by logging into your GoPro account and accessing features such as Edit Profile and Account Info. You may also email us to correct or change any information or request which Personal Data (e.g. name, address) we have stored or to assert any other of your rights as mentioned above by filling out our contact form located at https://community.gopro.com or by emailing us at firstname.lastname@example.org.
9. EEA User Right to Lodge a Complaint Before the Data Protection Authority
You have the right to lodge a complaint with a supervisory authority, in particular in the EU Member State of your habitual residence, place of work or place of the alleged infringement if you consider that our processing of your Personal Data infringes the applicable data protection laws. Please contact us at email@example.com and we will provide you with detailed information as regards the contact details of the respective competent supervisory authority.
10. Privacy Information for California Residents
If you are a California resident, California law requires us to provide you with additional information regarding how we collect, use, and share your “personal information” (as defined in the California Consumer Privacy Act [CCPA]).
Categories of Personal Information We Collect
How We Use and Share These Categories of Personal Information
We use and share the categories of personal information we collect from and about you consistent with the various business purposes we discuss throughout this Policy. See the “Uses of Information” and “Sharing and Disclosure of Information” section(s) above for more information.
Please note that the CCPA sets forth certain obligations for businesses that “sell” personal information to third parties. Based on the definition of sell under the CCPA and under current regulatory guidance, we do not believe that we engage in such activity and have not engaged in such activity in the past 12 months from the effective date of this Policy.
Your California Privacy Rights
CCPA Rights Disclosure: If you are a California resident, the CCPA allows you to make certain requests about your personal information. Specifically, the CCPA allows you to request us to:
· Inform you about the categories of personal information we collect or disclose about you; the categories of sources of such information; the business or commercial purpose for collecting your personal information; and the categories of third parties with whom we share/disclose personal information. Such information is also set forth in this Policy.
· Provide access to and/or a copy of certain personal information we hold about you.
· Delete certain personal information we have about you.
· Provide you with information about the financial incentives that we offer to you, if any.
The CCPA further provides you with the right to not be discriminated against (as provided for in applicable law) for exercising your rights. Please note that certain information may be exempt from such requests under California law. For example, we need to retain certain information in order to provide the Services to you. We also will take reasonable steps to verify your identity before responding to a request. If you would like further information regarding your legal rights under California law or would like to exercise any of them, please contact us here or write us at firstname.lastname@example.org.
California Shine the Light Disclosure: California Civil Code Section 1798.83 permits customers of GoPro who are California residents to request certain information, once per year, regarding our disclosure of their personal information (as defined by California law) to third parties for their own direct marketing purposes, or in the alternative, that we provide a cost-free means for consumers to opt out of any such sharing. We do not currently share personal information with third parties for their own direct marketing purposes.
11. Privacy Information for Nevada Residents
Under Nevada law, certain Nevada consumers may opt out of the sale of “personally identifiable information” for monetary consideration (as such terms are defined under Nevada law) to a person for that person to license or sell such information to additional persons. We do not engage in such activity; however, if you are a Nevada resident and you have purchased products or services from us, you may submit a request to opt out of any potential future sales under Nevada law by email@example.com. Please note we may take reasonable steps to verify your identity and the authenticity of the request. Once verified, we will maintain your request in the event our practices change.
12. Third Party Website Links and Features
13. Customer Reviews
14. Children’s Privacy
GoPro’s Services are intended for general audiences and not for children under the age of 13. We do not knowingly collect personal information from children under the age of 13 and if we become aware of such collection, we will take reasonable steps to delete any such information as soon as practicable.
15. International Users
16. Privacy Shield - EU – US and Swiss US Data Transfers
Our Obligations to you under the Privacy Shield
GoPro complies with the E.U. – U.S. and Swiss – U.S. Privacy Shield Frameworks (“Privacy Shield”) as set forth by the U.S. Department of Commerce and approved by the European Commission and Swiss Federal Council regarding the collection, use, and retention of Personal Data GoPro receives from European Union and Switzerland.
GoPro has certified that it adheres to the following Privacy Shield Principles of (1) Notice; (2) Choice; (3) Accountability for Onward Transfer; (4) Security; (5) Data Integrity and Purpose Limitation; (6) Access; and (7) Recourse, Enforcement and Liability in respect of any Personal Data received from the European Union and Switzerland.
GoPro Care Inc.
GoPro Care Services Inc.
Accountability and Liability for Onward Transfer
GoPro is required to take certain steps when transferring Personal Data received from the European Union and Switzerland to third parties (such as including necessary contractual provisions in our third party contracts). GoPro may be potentially liable in cases of onward transfer of EU and Swiss individuals' data received pursuant to the Privacy Shield to third parties.
Privacy Complaints Handling, Recourse and Enforcement
Email address - firstname.lastname@example.org
We will respond to any complaints as soon as possible and within 45 days.
We encourage EU and Swiss individuals who have questions or complaints about how we process their Personal Data under Privacy Shield to contact us at email@example.com. We will work to resolve your issue as quickly as possible, but in any event within 45 days of receipt. If you have an unresolved privacy or data use complaints that we have not addressed satisfactorily, please contact, free of charge, our dispute resolution provider, JAMS, at https://www.jamsadr.com/file-an-eu-us-privacy-shield-or-safe-harbor-claim. If you are an EU or Swiss individual and unable to resolve any complaints through any of the above methods, you may be able to invoke binding arbitration through a Privacy Shield panel, in accordance with the Privacy Shield Framework at https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint.
Please note that if your complaint is not resolved through these channels, in certain limited circumstances, a binding arbitration option may be available.
GoPro is subject to the investigatory and enforcement powers of the Federal Trade Commission in the case of any failure to comply with the Privacy Shield.
18. How we Protect Your Information
The security of your Personal Data is important to us. We have implemented administrative, technical, and physical security measures to protect against the unauthorized access, destruction or alteration of your information. Despite our best efforts, however, no security measures are completely impenetrable.
19. Data Retention
20. Automated individual decision-making, including profiling
We don’t use your Personal Data to make decisions with legal or similar effects for you based only on the automated processing of your Personal Data.
21. GoPro Contact Info
Email address - firstname.lastname@example.org
GoPro, Inc., 3025 Clearview Way
San Mateo, CA 94402, USA