The Internet of Toys: Legal and Privacy Issues with Connected Toys

by Dickinson Wright
Contact

Dickinson Wright

Most people have heard of the Internet of Things, or IoT. With the holidays fast approaching, and with the onslaught of new smart and Internet-connected smart toys, for parents and toy manufacturers, at least for the next few weeks “IoT” means the Internet of Toys.

Smart toys first sparked interest in 2015 when Hello Barbie a connected-smart doll was introduced. Hello Barbie came equipped with a microphone, voice recognition software and artificial intelligence that allowed a call-and-response function between the child user and the doll (think how Siri works). The backlash and hacking concerns loomed so large Hello Barbie got its own Twitter hashtag, #HellNoBarbie.

Since 2015 the technology and legal implications regarding these types of toys has only grown as the market now includes smart toys, such as Talk-to-Me Mikey, SmartToy Monkey, and Kidizoon Smartwatch DX; connected toys, such as SelfieMic and Grush; and other connected smart toys such as Cognitoys’ DINO, and My Friend Cayla. There is also a new crop of GPS-enabled wearables marketed as allowing parents to monitor and track their child’s movements, including Kidizoom Smartwatch DX, a smart toy. For those keeping track, that’s three separate types of toys: (1) smart toys; (2) connected toys; and (3) connected smart toys.

There are many reasons why these toys/wearables are problematic and the privacy issues for each are analyzed differently based on functionality. Some that function like the Amazon Echo, and unlike Smartphones, are always on, and blend into the background of their users’ daily lives. They also collect a significant amount of personal information, some of it legally-protected, especially in the context of information about children and/or from children. Many are so sophisticated they are able to adapt to a child user’s actions and process information from many sensors through the use of microphones, voice sensors, cameras, compasses, gyroscopes, radio transmitters, or Bluetooth. Connected toys connect to the Internet, which allows remote servers to collect data to power the toy’s intelligence functionality.

The other ever-developing aspect of this technology is that the technology has expanded outside the home to schools, to assist with educational functions, and to health care settings, to help stabilize child/patients emotions or to manage anxiety.

With all that background, the next issue is, where is the law? There are a number of issues to consider when discussing smart toys marketed to and used by children: the Children’s Online Privacy Protection Act (COPPA) and Federal Trade Commission (FTC) enforcement, the Family Educational Rights and Privacy Act (FERPA), the Health Information Portability and Accountability Act (HIPAA), state consent laws, constant connection, and, of course, privacy. Here is how it breaks down.

COPPA / FTC Enforcement

Of the three types of toys, connected toys are the most problematic as they present the greatest social and legal concerns. For starters, they can connect to Internet-based platforms and to other devices enabling data gathering, processing and sharing. They also can connect to each other and to the Internet through various means, WiFi routers, cellular data networks, and Bluetooth. There are four types of connected toys: Toys to Life, Robotics (e.g., WowWee’s CHiP robotic dog and Sphero Star Wars BB-I companion robot), Wearables, and Learning Development Toys. Given the dangers, connected toys are the ones that trigger a number of U.S. privacy laws, including COPPA, which is the primary privacy law governing these toys.

Section 5 of the Federal Trade Commission Act directs the FTC to protect consumers from “unfair or deceptive acts or practices in or affecting commerce.” This puts COPPA in the FTC’s enforcement crosshairs.

COPPA applies to online services providers, i.e., websites, directed to children, or any operator that has actual knowledge that it is collecting or maintaining personal information from a child.

The definition of “personal information” under COPPA is quite broad and includes: names; addresses; online contact information; screen or user names; telephone numbers; Social Security numbers; persistent identifiers that can be used to recognize a user over time across different websites or online services; geo-location; and photographs, video, or audio containing the child’s image or voice.

COPPA is designed to protect children under the age of 13 from certain online activity. The high level view of COPPA has five main components:

  1. Notice of Data Practices. This requires operators give direct notice to parents of its data collection practices. Certain statements are also required, including how consent is to be given, and that no personal information of a child will be collected, used or disclosed without parental consent. The operator also has to reveal the personal information that will be collected and link their privacy policy.
  2. Parental Consent (Verified). Verifiable parental consent must be given before an operator can collect personal information from a child. The consent has to take into account available technology and can include: (a) asking parents to sign and mail a hard-copy consent form; (b) allowing parents to use an online payment system to provide notification of each transaction to the primary account holder; (c) having parents provide consent via phone or video; or (d) checking government-issued identification.
  3. No Conditional Participation. Operators cannot condition a child being allowed to play a game or being allowed to win a prize on the child disclosing more personal information than “reasonably necessary” to participate in the game, prize, etc.
  4. Required Reasonable Security. Operators are also required to have and maintain reasonable security procedures to “protect the confidentiality, security, and integrity of the personal information collected from children.” If any of the information is transferred to a third party, the operator must ensure the third party has taken similar steps to protect the protected data. See COPPA Rule in 2013.
  5. Data Collection. Operators can only keep personal information collected online from a child as long as reasonably necessary to fulfil the purpose for which it was collected for. When the personal information is no longer needed, the data must be deleted through reasonable measures.

Due to COPPA’s requirements, any smart or connected toy that collects personal information from a child could trigger COPPA’s requirements. COPPA fines range from $16,000 to $40,000 per violation though the FTC has not taken any action against a connected toy operator. . .yet.

The issues as to how toy manufacturers technically comply with COPPA given the functionality of the toys are complicated. For example, some smart toys will not need parental permission if there is no collection of personal information. Non-personal data that would not trigger COPPA would include achievement levels in games, a user’s keypress responses, etc. Parental consent would also not be required for connected toys that collect and use a persistent identifier, which would include information such as an IP address or toy/device ID. The exception would apply if the persistent identifier is used to support the internal operation of the service being provided, such as in maintaining/analyzing the service, personalizing content, and performing network communications. Toys that align with these functions with a persistent identifier can be provided to the child user “out of the box,” meaning without any registration process that might include parental consent and disclosures.

Other connected toys also work out of the box, but allow for additional features that would require consent and proper disclosures as they would be asking for non-personal and personal information that would trigger COPPA, and only allow for the additional functionality once COPPA requirements are met.

On October 23, 2017, the FTC attempted to address some of the issues with connected toys and released its Enforcement Policy Statement Regarding the Applicability of the COPPA Rule to the Collection and Use of Voice Recordings. The release, however, was limited and only addressed the collection of and use of voice recordings and provided:

The FTC will not take an enforcement action against an operator for not obtaining parental consent before collecting the audio file with a child’s voice when it is collected solely as a replacement of written words, such as to perform a search or to fulfill a verbal instruction or request – as long as it is held for a brief time and only for that purpose.

The FTC noted the policy would not apply in cases where an operator requested information via voice that would otherwise be considered personal information, such as a name. In addition, an operator is still required to provide clear notice of its deletion and privacy policies, and of its collection and use of audio files. An operator is also prohibited from making any other use of an audio file before it is destroyed. Lastly, the policy does not affect the operator’s COPPA compliance requirements in any other way. As such, the FTC’s new guidance is extremely limited, but it does provide manufacturers and operators some relief regarding enforcement.

State Consent Laws

The issues with IoT toys transcend COPPA. One issue with toys that record audio and those that have interaction functionality, meaning the child asks the toy a question and it responds with an answer (think Siri or GoogleNow).

One issue with recording is that there are state law issues (which our HR blog addressed here). In the United States there are two different types of laws governing recording. One-party consent states, which only require consent of one of the parties to the conversation being recorded, and all-party consent states, which require the consent of everybody involved in a conversation before the conversation can be recorded. One-party consent states make up the majority. There are only eleven all-party consent states: California, Florida, Illinois, Maryland, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, and Washington.

The consent requirements in all-party consent states are triggered when the owner of the toy submits a voice recording and, to the extent, the child plays with another child and that child’s voice is recorded, consent would be required from that child as well. The issue then becomes, how do manufacturers or operators obtain the required consent in these states?

Privacy

The overarching issue to all of this is child privacy. There have been a number of cases where connected toy manufacturers failed to ensure the security of the information they collected. Take for instance the 2015 matter where VTech Electronics North America, LLC (VTech), a company that sold connected tablets marketing for children, suffered a breach that exposed the personal protected data of over 6 million children and 4 million adults, including their names, genders, dates of birth, and, worse, photographs.

Child information is particularly susceptible because they are largely a blank canvas that can be fraudulently used for a long period of time without detection as most parents do not actively monitor their children’s information.

In September 2017 the FBI got involved and warned parents their children’s new internet-connected toy could be secretly spying on them. Specifically, the FBI warned:

These toys typically contain sensors, microphones, cameras, data storage components, and other multimedia capabilities – including speech recognition and GPS options.

The FBI’s release went on:

The potential misuse of sensitive data such as GPS location information, visual identifiers from pictures or videos, and known interests to garner trust from a child could present exploitation risks”. The FBI further encouraged consumers to consider “cyber security” prior to introducing smart, interactive, internet-connected toys into their homes …

The GPS functionality in some toys is especially disconcerting because, if breached, it could allow a hacker to know the exact location of a child or to access privately-recorded conversations. This was an issue in February 2017 when Germany banned My Friend Cayla, a smart doll. Germany’s telecomm regulator found that the toy could be hacked to record private conversations that were transmitted via the toy’s Bluetooth connection.

The Electronic Privacy Information Center, which is known as a U.S. privacy watchdog, also got involved with My Friend Cayla toy and sent a complaint to the FTC regarding the toy’s security risks. While the doll has not been banned in the United States, the findings of a congressional inquiry were that the toy indeed recorded private conversations of children 12 and under without parental consent and in violation of COPPA.

Another issue surfaced with CloudPets, a connected stuffed animal that was marketed as allowing parents and their children to exchange cute messages through the toy. While cute in theory, in reality the manufacturer was storing the personal account information and voice recordings online, and in an easily-hackable database. The result was that approximately two million personal recordings from the CloudPets were leaked.

Constant Connection

The constant connection issue also poses privacy threats and new vulnerabilities, which are similar to those concerning related devices such as Amazon’s Echo and Google Home; however, these issues are heightened because the user is usually a child.

Amazon Echo and Google Home, and other devices that had Alexa and Google Assistant, however, took steps to protect users, and it would seem that toy manufacturers could take similar steps. In those devices, while the microphone to the device is always on, the devices do not start recording until specific words, referred to as “Wake Words” are said, such as “Alexa” or “OK Google”. Once recorded, the recordings are stored in the cloud. Users can review their requests through app/device settings and delete them through the “Setting > History” function (in Amazon) or mass purge via “Your Devices > Echo Dot > Manage voice records.” In Google Assistant, it is a function through myactivity.google.com. For more information, check out this Wired article.

Expanding the notion of constant connection and the imagination just ever so slightly forward, it is easy to foresee a situation where a child’s toy is subpoenaed or seized pursuant to a search warrant because it possibly recorded relevant evidence.

Takeaways:

As usual, the law is behind the technology. While some old laws may apply to some of these issues, most instances are a new frontier. This means that manufacturers have to think proactively and protect consumers from potential issues related to their technology-based products. It also means that parents buying these toys for their children should be aware that these issues are not fully taken care of and they should remain hypervigilant in reviewing the toys they buy and actively monitoring their children’s activities and communications with the toys. This may mean playing with the toy in advance and learning its settings and security features to ensure safe use.

Toys warranting additional scrutiny include, toys that connect directly to the Internet via WiFi; toys that connect via Bluetooth to a device that is connected to the Internet; toys that contain speakers, microphones, recording devices, cameras, wireless transmitters and receivers; toys that have GPS capability or speech recognition capability; toys that connect to a mobile app; toys that request information, such as a name, address, date of birth of other personal information when registering; toys that store information internally; toys that have cloud connection functions; toys that remain connected to the cloud even when they are turned “off”.

Here are other tips:

  1. Look for the seal! The FTC has a certification program that allows manufacturers to get a seal to put on their packaging or website if their toy has been reviewed and found in compliance with children privacy requirements, including KidSAFE.
  2. Research. Before buying a connected toy, conduct online research to determine if there have been negative reports concerning privacy or other issues with the toy.
  3. Read the fine print. Manufacturers have to issue certain disclosures regarding the collection, retention, and use of collected information. It is important to read these disclosures, even though they can be quite boring, because they will (or should) tell you what information is collected, where it is stored, whether it is provided to third-parties, and what they can or will do with the collective information.
  4. Use securely. Just as you would with an online purchase, only use toys when you can verify that the connection is through a secure WiFi connection. While this may mean that your child cannot use the toy in a restaurant that has an open WiFi, the easy alternative is to provide the child a secure hotspot through your own smartphone and lock down the transfer of data.
  5. Require PINs. If the toy is Bluetooth-connected, ensure it requires the use of PINs or passwords before pairing with connected devices.
  6. Encryption is always a good idea. If the toy transmits data to a WiFi access point, a server or the cloud, make sure the transfer is encrypted, meaning the information would be unreadable without the encryption key.
  7. Patch. If the toy can receive software updates or patches, ensure that toy is kept up to date with such updates or patches. However, prior to installing a patch or update, research to ensure there are no issues with the actual update or patch.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Dickinson Wright | Attorney Advertising

Written by:

Dickinson Wright
Contact
more
less

Dickinson Wright on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide

JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.