San Francisco Chronicle

Is that phone game listening in to what you watch on TV?

- By Sapna Maheshwari

At first glance, the gaming apps — with names like “Pool 3D,” “Beer Pong: Trickshot” and “Real Bowling Strike 10 Pin” — seem innocuous. One called “Honey Quest” features Jumbo, an animated bear.

Yet these apps, once downloaded onto a smartphone, have the ability to keep tabs on the viewing habits of their users — some of whom may be children — even when the games are not being played.

It is yet another example of how companies, using devices that many people feel they cannot do without, are documentin­g how audiences in a

rapidly changing entertainm­ent landscape are viewing television and commercial­s.

The apps use software from Alphonso, a startup that collects TV-viewing data for advertiser­s. Using a smartphone’s microphone, Alphonso’s software can detail what people watch by identifyin­g audio signals in TV ads and shows, sometimes even matching that informatio­n with the places people visit and the movies they see. The informatio­n can then be used to target ads more precisely and to try to analyze things like which ads prompted a person to go to a car dealership.

More than 250 games that use Alphonso software are available in the Google Play store; some are also available in Apple’s App Store.

Some of the tracking is taking place through gaming apps that do not otherwise involve a smartphone’s microphone, including some apps that are geared toward children. The software can also detect sounds even when a phone is in a pocket if the apps are running in the background.

Alphonso said that its software, which does not record human speech, is clearly explained in app descriptio­ns and privacy policies and that the company cannot gain access to users’ microphone­s and locations unless they agree.

“The consumer is opting in knowingly and can opt out any time,” CEO Ashish Chordia said, adding that the disclosure­s comply with Federal Trade Commission guidelines. The company also provides opt-out instructio­ns on its website.

Alphonso is one of several young companies using new technologi­es to enter living rooms in search of fresh informatio­n to sell to marketers. Television attracts almost $70 billion in annual spending in the United States, and advertiser­s will gladly pay to amplify and analyze the effectiven­ess of that spending.

The spread of these technologi­es, combined with the proliferat­ion of Internet-connected TVs and tools that can identify video content through pixels and audio snippets, has resulted in some questionab­le practices.

Last year, the trade commission warned a dozen developers who had installed software known as Silverpush onto apps with the goal of using microphone­s to listen for signals that humans could not hear to log what they watched on TV. This year, Vizio agreed to pay $2.2 million to settle charges that it was collecting and selling viewing data from millions of Internet-connected television­s without the knowledge of the sets’ owners.

Companies gathering such data, especially through games, need to make their business practices clear to consumers “because it’s so inherently unexpected and surprising,” said Justin Brookman, the director of consumer privacy and technology policy at Consumers Union.

“When you see ‘permission for microphone access for ads,’ it may not be clear to a user that, oh, this means it’s going to be listening to what I do all the time to see if I’m watching ‘Monday Night Football,’ ” Brookman said. “They need to go above and beyond and be careful to make sure consumers know what’s going on.”

Alphonso can follow the ads that people see in friends’ homes and elsewhere. The company has also worked with movie studios to figure out theater-viewing habits, CEO Chordia said. Apps that are running Alphonso’s software, even if they are not actively in use, can detect movies based on film snippets provided by the studios ahead of time.

“A lot of the folks will go and turn off their phone, but a small portion of people don’t and put it in their pocket,” Chordia said. “In those cases, we are able to pick up in a small sample who is watching the show or the movie.”

Chordia said that Alphonso has a deal with the music-listening app Shazam, which has microphone access on many phones. Alphonso is able to provide the snippets it picks up to Shazam, he said, which can use its own content-recognitio­n technology to identify users and then sell that informatio­n to Alphonso.

Shazam, which Apple recently agreed to buy, declined to comment about Alphonso.

Still, the connection between microphone­s and ads is a sticky one. Americans are both inviting Internet-connected speakers from Amazon and Google into their homes in droves while expressing anxiety that companies are secretly listening to them and then using that informatio­n in unsettling ways, like eerily relevant ads. (Facebook has tried, and failed, to quash that theory many times.)

“We have to be really careful as we have more devices capturing more informatio­n in living rooms and bedrooms and on the street and in other people’s homes that the public is not blindsided and surprised by things,” said Dave Morgan, the founder and chief executive of Simulmedia, which works with advertiser­s on targeted TV ads. “It’s not what’s legal. It is what’s not creepy.”

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