Overview
The HTC Vive is a virtual reality headset developed by HTC and Valve. The headset uses "room scale" tracking technology, allowing the user to move in 3D space and use motion-tracked handheld controllers to interact with the virtual environment. The terms say the services may provide communication features (such as blogs, support forums, chat, etc.) designed to enable users to communicate with others and share information publicly. However, the terms say HTC may sell a user's data to third parties, and may display targeted advertisements to users using data automatically collected about a user and their device when they use the services. In addition, HTC's terms say they use third-party tracking technologies to track users with personally identifiable information about their online activities over time and across third party websites and applications for marketing and advertising purposes.
The terms say HTC strives to protect personal information by taking appropriate physical, technical and organizational measures to help guard against unauthorized or unlawful access, use, processing or alteration of the personal information that HTC obtains from users through the services and against any breaches or loss of personal information. Lastly, the terms say users under the age of 13 should not use the services and they should not provide any information about themselves to HTC, including their name, address, telephone number, or email address (directly, or on site bulletin boards, blogs, etc.).
HTC Vive can be accessed through its website, and is available for download at the iOS App Store, and the Google Play Store. The Privacy Policy and Terms of Use used for this evaluation can be found on HTC’s website, iOS App Store, and the Google Play Store. This evaluation only considers policies that have been made publicly available prior to an individual using the application or service.
Additionally, other policies used for this evaluation include:
- Cookie Policy
- Product Security
- Learn More
- HTC End User License Agreement
- CPA-Do Not Sell My Personal Information
Safety
The terms say the services may provide communication features (such as blogs, support forums, chat, etc.) designed to enable users to communicate with others and share information publicly. The terms also say the services allow users to share information and content that they choose to upload via social media, but must agree to use the services only to post, send and receive messages and material that are appropriate. Lastly, the terms say the services may allow users to connect and share their actions, comments, content and information publicly or with people they specify, but privacy controls allow users to decide what information they make publicly available.
Privacy
The terms say the services may collect behavioral usage reporting data when using the device that can include, for example: details about how a user interacts and uses their device and the apps, categories, features, programs and services on the device, including how and when a user access these items, the number of times they access these items, actions they take when accessing and using these items, the length of time of the access, and the number of times a user adjusts the settings of the device. In addition, the service collects information about the applications a user's downloads, including what they downloaded, when they download applications, and whether a user shares these downloads, or whether a user uninstalls or delete the downloads. The terms say HTC may sell a user's data to third parties, and may display targeted advertisements to users using data automatically collected about a user and their device when they use the services. In addition, HTC's terms say they use third-party tracking technologies to track users with personally identifiable information about their online activities over time and across third party website and applications for advertising purposes.
When users use VIVE Pro Eye or other devices with VIVE eye tracking technology incorporated, their eye tracking data may be collected. VIVE eye tracking enables users to use their eyes to control or interact with applications on the device. The term say a series of photographic images are taken and each eye image is instantly used to create data that can include gaze data (e.g., direction you are looking at), pupil size, eye openness (whether your eyes are open or closed). This eye tracking data (but not eye image itself) may be used by other applications or services to interact with a user. The actual image of a user's eyes is not permanently stored or sent off the device, including to any third parties. The terms say HTC does not allow use of an eye image to personally identify a user.
Security
The terms say HTC strives to protect personal information by taking appropriate physical, technical and organizational measures to help guard against unauthorized or unlawful access, use, processing or alteration of the personal information that HTC obtains from users through the services and against any breaches or loss of personal information, such as anonymization, pseudonymization, encryption (such as encrypted by Transport Layer Security (HTTPS) during transmission), and restricted access. In addition, the terms say a user's usage reporting data is recorded, secured and stored locally on a user's device. A user's device transmits collected data with encryption to HTC where the data is stored and linked to a user's device serial number in hashed form. Lastly, the terms also say that although HTC takes steps to use and improve various safeguards, no system or technology is completely secure and they will provide responsible disclosure notification to users in the event of a data breach.
Compliance
The terms say users under the age of 13 should not use the services and they should not provide any information about themselves to HTC, including their name, address, telephone number, or email address (directly, or on site bulletin boards, blogs, etc.). However, the terms say that users who are 13 years of age or older but under 18 years old, should review the terms with their parent or guardian to make sure that the teen and their parent or guardian understand it. Parents or guardians are advised to supervise their children while using the Internet and mobile and other devices. Additionally, the terms specify that users can access, modify, delete, and export their personal information from the service at any time. However, the terms do not discuss use by students in an educational institution or any additional student data privacy protections.
Overall Score
Every privacy rating includes an overall score. A higher score (up to 100%) means the product provides more transparent privacy policies with better practices to protect user data. The score is best used is as an indicator of how much additional work a person will need to do to make an informed decision about a product.
| Basic Score | Full Score | |
|---|---|---|
| Comprehensive Assessment | 57 | 51 |
Concerns
The privacy evaluation process summarizes the policies of an application or service into concern categories based on a subset of evaluation questions that can be used to quickly identify particular practices of a vendor’s policies. These concerns are composed of evaluation questions that can be used to calculate scores relative to that concern.
| Concern | Basic Score | Full Score |
|---|---|---|
| Data Collection: Protecting personal information | 25 | 60 |
| Data Sharing: Protecting data from third parties | 75 | 65 |
| Data Security: Protecting against unauthorized access | 83 | 55 |
| Data Rights: Controlling data use | 63 | 85 |
| Data Sold: Preventing sale of data | 50 | 35 |
| Data Safety: Promoting responsible use | 38 | 30 |
| Ads & Tracking: Prohibiting the exploitation of users' decision making process | 50 | 60 |
| Parental Consent: Protecting children’s personal information | 67 | 20 |
| School Purpose: Following student data privacy laws | 0 | 0 |
Statutes
Each statute or regulation is associated with one or more evaluation questions. As such, we can calculate scores for each statute or regulation using only those questions associated with the statute or regulation. Each specific statute or regulation's score serves as an indirect proxy indicating the likelihood of the application or service satisfying all of its compliance obligations.
| Statute | Basic Score | Full Score |
|---|---|---|
| California Online Privacy Protection Act (CalOPPA) | 75 | 69 |
| Children's Online Privacy Protection Act (COPPA) | 57 | 49 |
| Family Educational Rights and Privacy Act (FERPA) | 56 | 35 |
| Student Online Personal Information Protection Act (SOPIPA) | 50 | 47 |
| General Data Protection Regulation (GDPR) | 79 | 63 |
Privacy Policy Details
1: Transparency
1.1: Policy Version
- Privacy policies do indicate a version or effective date.
- Privacy policies indicate a changelog or past policy version is available.
1.2: Policy Notice
- Users are notified if there are any material changes to the policies.
- Privacy policies indicate the method used to notify a user when policies are updated.
1.3: Policy Changes
- Unclear whether users are notified prior to any material changes to the policies.
- Changes to the policies are effective immediately and continued use of the product indicates consent.
1.4: Policy Coverage
- Privacy policies indicate the products that are covered by the policies.
1.5: Policy Contact
- Users cannot contact the vendor about any privacy policy questions, complaints, or material changes to the policies.
1.6: Policy Principles
- Privacy policies do indicate any privacy principles, layered notices, or a table of contents.
1.7: Policy Language
- Privacy policies are available in multiple languages.
1.8: Intended Use
- Not intended for children under 13.
- Intended for teens.
- Intended for adults over 18.
- Unclear whether intended for parents or guardians.
- Unclear whether intended for students.
- Unclear whether intended for teachers.
2: Focused Collection
2.1: Data Collection
- Personally identifiable information (PII) is collected.
- The categories of collected personally identifiable information are indicated.
- Geolocation data are collected.
- Biometric or health data are collected.
- Behavioral data are collected.
- Sensitive data are collected.
- Non-personally identifiable information is collected.
- Unclear whether free or reduced lunch status is collected.
2.2: Data Source
- Unclear whether personal information or education records are collected from preK-12 students.
- Personal information from children under 13 years of age is not collected online.
2.3: Data Exclusion
- Unclear whether specific types of personal information are not collected.
- Unclear whether specific types of collected information are excluded from the privacy policy.
2.4: Data Limitation
- Unclear whether the collection or use of data is limited to product requirements.
3: Data Sharing
3.1: Data Shared With Third Parties
- Collected information is shared with third parties.
- The categories of information shared with third parties are indicated.
3.2: Data Use by Third Parties
- The purpose for sharing a user's personal information with third parties is indicated.
- Data are shared for analytics.
- Unclear whether data are shared for research and/or product improvement.
- Data are shared for third-party advertising and/or marketing.
3.3: Data Not Shared With Third Parties
- Specific categories of information are not shared with third parties.
3.4: Data Sold to Third Parties
- Data are sold or rented to third parties.
3.5: Third-Party Data Acquisition
- Personal information from users is acquired from third parties.
3.6: Third-Party Links
- Links to third-party external websites are not age-appropriate.
3.7: Third-Party Data Access
- Third parties are authorized to access a user's information.
3.8: Third-Party Data Collection
- Personal information of users is collected by a third party.
3.9: Third-Party Data Misuse
- Unclear whether personal information can be deleted from a third party if found to be misused.
3.10: Third-Party Service Providers
- Data are shared with third-party service providers.
- The roles of third-party service providers are indicated.
3.11: Third-Party Affiliates
- The categories of third parties that receive personal information are indicated.
3.12: Third-Party Policies
- Links to privacy policies of third-party companies are not available.
3.13: Third-Party Data Combination
- Data can be combined with data from third-party sources.
- Unclear whether data shared with third parties can be combined by third parties for their own purposes.
3.14: Third-Party Authentication
- Unclear whether this product supports social or federated login.
- Personal information from social or federated login providers is collected.
- Personal Information is shared with social or federated login providers.
3.15: De-identified or Anonymized Data
- User information is shared in an anonymous or deidentified format.
- Unclear whether the vendor describes their deidentification process of user information.
3.16: Third-Party Contractual Obligations
- Contractual limits are placed on third-party data use.
- Contractual limits do not prohibit third parties from reidentifying deidentified information.
4: Respect for Context
4.1: Data Use
- Unclear whether use of information is limited to the purpose for which it was collected.
- The purpose for which data atr collected is indicated.
4.2: Data Combination
- Combined information is treated as personally identifiable information (PII).
4.3: Data Notice
- Unclear whether notice is provided if the context in which data are collected changes.
4.4: Data Changes
- Unclear whether consent is obtained if the practices in which data are collected change.
4.5: Policy Enforcement
- Accounts may be terminated if users engage in any prohibited activities.
5: Individual Control
5.1: User Content
- Users can create or upload content.
5.2: User Consent
- Opt-in consent is requested from users at the time personal information is collected.
5.3: Remedy Process
- A grievance or remedy mechanism is available for users to file a complaint.
5.4: Data Settings
- Users can control their information through privacy settings.
5.5: Data Disclosure
- Users can opt out from the disclosure or sale of their data to a third party.
- Unclear whether users can request to know what personal information has been shared with third parties for commercial purposes.
- Unclear whether notice is provided in the event the vendor receives a government or legal request for a user’s information.
5.6: Intellectual Property
- Users retain ownership of their data.
- A copyright license is claimed to data or content collected from a user.
- Unclear whether any copyright license to a user's data is limited in scope or duration.
- Notice is not provided to users when their content is removed or disabled because of an alleged copyright violation.
6: Access and Accuracy
6.1: Data Access
- Processes to access and review user data are available.
- Permissions, roles, or access controls are available to restrict who has access to data.
- Unclear whether the school, parents, or students can review data.
6.2: Data Integrity
- Unclear whether the vendor maintains the accuracy of data they collect.
6.3: Data Correction
- Processes to modify inaccurate data are available.
- Unclear whether the school, parents, or students can modify data.
- Unclear whether the time period for the vendor to modify inaccurate data is indicated.
6.4: Data Retention
- A data-retention policy is available.
- The retention time period of a user's data can be changed upon a valid inspection request.
6.5: Data Deletion
- Data are deleted when no longer necessary.
- A user's data are deleted upon account cancellation or termination.
- Processes to delete user data are available.
- Unclear whether the school, parents, or students can delete data.
- The time period for the vendor to delete data is indicated.
6.6: Data Portability
- Processes to download user data are available.
- Unclear whether a user can assign an authorized account manager or legacy contact.
7: Data Transfer
7.1: Data Handling
- User information can be transferred to a third party.
- Unclear whether notice is provided to users if the vendor assigns its rights or delegates its duties to another company.
- Unclear whether users are notified if their information is transferred to a third party.
7.2: Transfer Request
- Unclear whether user information can be deleted prior to its transfer to a third party.
7.3: Onward Contractual Obligations
- Unclear whether third-party transfers are contractually required to use the same privacy practices.
8: Security
8.1: User Identity
- A user's identity is verified with additional personal information.
8.2: User Account
- Account creation is required.
- Unclear whether parental controls or managed accounts are available.
- Unclear whether two-factor account protection is available.
8.3: Third-Party Security
- Unclear whether third-party contractual security protections are required.
8.4: Data Confidentiality
- Industry best practices are used to protect data.
- Unclear whether this product limits employee or physical access to user information.
8.5: Data Transmission
- All data in transit are encrypted.
8.6: Data Storage
- All data at rest are encrypted.
- Personal information of users is stored with a third party.
8.7: Data Breach
- Notice is provided in the event of a data breach.
8.8: Data Oversight
- Unclear whether this product performs data-privacy and security-compliance audits.
9: Responsible Use
9.1: Social Interactions
- Unclear whether this product supports interactions between trusted users and/or students.
- Users can interact with untrusted users, including strangers and/or adults.
- Unclear whether profile information is shared for social interactions.
9.2: Data Visibility
- Personal information is displayed publicly.
- Users can control how their data are displayed.
9.3: Monitor and Review
- Unclear whether user-created content is reviewed, screened, or monitored by the vendor.
- User-created content is filtered for personal information before being made publicly visible.
- Unclear whether social interactions between users are moderated.
- Unclear whether social interactions of users are logged.
9.4: Report Content
- Unclear whether users can filter or block inappropriate content.
- Unclear whether users can report abuse or cyberbullying.
9.5: Internet Safety
- The vendor provides links to tools or processes that support safe and appropriate social interactions.
10: Advertising
10.1: Vendor Communications
- A user can receive service- or administrative-related communications from the vendor.
10.2: Traditional Advertising
- Traditional or contextual advertisements are displayed.
10.3: Behavioral Advertising
- Behavioral or targeted advertising is displayed.
10.4: Ad Tracking
- Data are collected by third-party advertising or tracking services.
- Data are used to track and target advertisements on other third-party websites or services.
- Data profiles are created and used for data enhancement, and/or targeted advertisements.
10.5: Filtered Advertising
- Unclear whether children may receive inappropriate advertisements.
10.6: Marketing Communications
- The vendor can send marketing messages.
- The vendor does provide promotional sweepstakes, contests, or surveys.
10.7: Unsubscribe
- Users can opt out of traditional, contextual, or behavioral advertising.
- Users can opt out or unsubscribe from marketing communications.
10.8: Do Not Track
- Vendor does not respond to Do Not Track or other opt-out mechanisms.
- The vendor does provide a method for users to opt-out from third-party tracking.
11: Compliance
11.1: Children Under 13
- Unclear whether vendor has actual knowledge that personal information from users under 13 years of age is collected.
- Unclear whether children's privacy is applicable.
- Unclear whether this product restricts account creation for users under 13 years of age.
- Unclear whether this product restricts in-app purchases for users under 13 years of age.
- Unclear whether the vendor participates in an FTC-approved COPPA safe harbor program.
11.2: Students in K–12
- Unclear whether this product is primarily used by, designed for, and marketed toward students in grades preK–12.
- Unclear whether the product creates education records.
- Unclear whether this product provides notification of a contract or additional rights.
- Unclear whether this product designates the vendor as a school official.
11.3: Parental Consent
- Parental consent is required.
- Unclear whether this product limits parental consent with respect to third parties.
- Unclear whether this product allows parents to withdraw consent for the further collection of their child's information.
- Unclear whether this product deletes children's personal information if collected without parental consent.
- Unclear whether this product provides parental consent notice and method for submission.
- Unclear whether the vendor can use collected information to support the “internal operations” of the product.
- Unclear whether this product indicates COPPA parental consent exceptions.
- Unclear whether the vendor indicates FERPA parental consent exceptions.
- Unclear whether this product discloses directory information.
- Unclear whether this product transfers parental consent obligations to the school or district.
11.4: Legal Requirements
- The legal jurisdiction that applies to the laws governing any dispute is indicated.
- A user is required to waive the right to a jury trial, or settle any disputes by arbitration.
- A user is required to waive the right to join a class action lawsuit.
- A vendor will disclose personal information to law enforcement.
11.5: Certification
- Unclear whether the vendor has signed a privacy pledge or received a privacy certification.
11.6: International Laws
- A user's data are subject to International data transfer or jurisdiction laws, such as the GDPR.
- The vendor has indicated it is a Data Controller or Data Processor.