Effective: May 23, 2023
What Information We Collect and Maintain About You
We collect personal and other information from you directly when you provide it to us through the Services. We also automatically collect certain information about you and your computer, smartphone, or other device when you use, access, or interact with our Services. We may also collect information from third parties in relation to providing you our Services.
Personal information collected from account holders. If you make an account with us in relation to our Services, we will collect information from you related to maintaining your account. This may include your name, email address, and images of you (should you upload any). We may also collect information about you from third parties in relation to our Services.
Information collected through the Platform. We process certain personal information when you arrive on our Platform and use our Services. This information may include: IP address; location (country and city); country of install and language; unique device ID, hardware manufacturer and model; operating system and version; and “events” related to the Platform stream (such as playing, pausing, and stopping the Platform), choices/selections within the Services, and interactions with the Platform.
Content. If you agree to submit your content (as defined in our Terms), we will process data including your name, email address, and video submission.
Aggregated Data. Subject to the limitations in this Policy, we may monitor your use of the Platform and collect and compile data and information related to your use of the Platform or any Hyperreal Avatar which we will use solely in an aggregated, anonymized, and deidentified manner to compile statistical and performance information related to the provision and operation of the Platform ("Aggregated Data").
Other personal information collected through the Services. You can visit the Services without submitting any information that we can use to identify you personally. However, to use certain features on the Services (such as the “Sign Up” feature available on the website), you will be required to provide personal information. Such information could include, for example, your name and email address.
Web log data. When you use the Services, we automatically receive and record certain information from your computer (or other device) and your browser. This may include such data as your IP address and domain name, the pages you visit on the Services, the date and time of your visit, the files that you download, the URLs from the websites you visit before and after navigating to the Services, your software and hardware attributes (including device IDs), your general geographic location (e.g., your city, state, or metropolitan region), and certain cookie information (see below). To obtain such information, we may use web logs or applications that recognize your computer and gather information about its online activity.
Web beacons. The Services or the emails that you receive from us may use an application known as a “web beacon” (also known as a “clear gif” or “web bug”). A web beacon is an electronic file that usually consists of a single-pixel image. It can be embedded in a web page or in an email to transmit information, which could include personal information. For example, it can allow an email sender to determine whether a user has opened a particular email.
Third-party online tracking and behavioral advertising. We may partner with certain third parties to collect, analyze, and use the personal and other information described in this section. For example, we may allow third parties to set cookies or use web beacons on the Services or in email communications from us. This information may be used for a variety of purposes, including online interest-based advertising, as discussed below (see the section entitled “With Whom and Why We Share Your Information”).
Face geometry and related information. We may collect information related to your face geometry based on the photos and videos you submit to us.
Audio data. We may collect audio data that you submit through the Platform as part of using our Services.
How We Use and Process Your Information
We use the information that we collect for a variety of purposes. Our legal bases for processing your personal information are: 1) our legitimate interest in running and maintaining our business; 2) performance and fulfillment of our contracts; 3) your consent; and 4) compliance with our legal obligations. In many instances, more than one of these legal bases apply to the processing of your personal information.
The purposes for which we use your information include:
- Hyperreal creation. We will use your data to create your hyperreal avatar. We will not make any use of your hyperreal avatar without your prior consent.
- Training models. Should you give us consent via the Platform to do so, we may use your data for the training of our general models for future hyperreal avatar creation. The data that we use for this purpose is de-identified and aggregated.
- Platform support/enquiry information. We process your data in pursuit of our legitimate interests in responding to your enquiry and in order to improve our Services (such as where you notify us of a problem or a Platform issue).
- Platform analytics. We may collect your data so that we can understand usage of our Platform, analyse and improve our Platform and develop new Services or new parts thereof. In many cases the data would be aggregated and/or anonymised so that it would not identify you. To the extent this data includes your personal data, we rely upon your prior consent before processing it.
- Newsletters, updates and marketing messages. We may process your data to make suggestions and recommendations to you and other users of the Platform about: (a) our Services, and (b) to give you information and news from time to time.
- Operating and improving our Services. We may use your data to operate our Services (e.g., delivering confirmations, account information, notifications, and similar operational communications), improve your user experience, and enhance our Services.
- Policy enforcement and safety: We may use your personal information as needed to enforce or apply the terms of agreements, to investigate potential breaches, or to protect the rights, property or safety of us, our personnel or customers, or others.
- Legal requirements. We may use your data as needed to comply with legal and/or regulatory requirements.
We may link information gathered through the Services with information that we collect in other contexts. But in that event, we will handle the combined information in a manner consistent with this Policy.
With Whom and Why We Share Your Information
We share your information with other parties for a variety of purposes, as described below.
Third-party service providers. We use third-party service providers that perform services on our behalf, including web-hosting companies, mailing vendors, and analytics providers. These service providers may collect and/or use your information, including information that identifies you personally, to assist us in achieving the purposes discussed above.
Interest-based advertising. Our Platform and Services enable third-party tracking mechanisms to collect information about you and your computing devices for use in online interest-based advertising. For example, third parties may use the fact that you visited our Services to target online ads to you. In addition, our third-party advertising networks might use information about your use of our Services to help target advertisements based on your online activity in general. For information about interest-based advertising practices, including privacy and confidentiality, visit the Network Advertising Initiative website or the Digital Advertising Alliance website.
The use of online tracking mechanisms by third parties is subject to those third parties’ privacy policies, and not this Policy. If you prefer to prevent third parties from setting and accessing cookies on your computer or other device, you may set your browser to block cookies. Additionally, you may remove yourself from the targeted advertising of companies within the Network Advertising Initiative by opting out here, or of companies participating in the Digital Advertising Alliance by opting out here. Our Services do not currently respond to “do not track” browser headers.
Potential acquirers and investors. If we are involved in a merger, acquisition, or sale of all or a portion of our business or assets, the personal data we hold may be included as part of that sale, in which case you will be notified via email, your account, and/or a prominent notice on the Platform of any changes in ownership or use of your personal data, as well as any choices you may have.
Insurance. We may share your information with insurance companies as part of offering our Services.
Legal purposes. We may use or share your information with third parties when we believe, in our sole discretion, that doing so is necessary:
- To comply with applicable law or a court order, subpoena, or other legal process;
- To investigate, prevent, or take action regarding illegal activities, suspected fraud, violations of our terms and conditions, or situations involving threats to our property or the property or physical safety of any person or third party;
- To establish, protect, or exercise our legal rights or defend against legal claims; or
- To facilitate the financing, securitization, insuring, sale, assignment, bankruptcy, or other disposal of all or part of our business or assets.
Other third parties as necessary. We may share your information with other third parties when necessary to fulfill your requests for services; to complete a transaction that you initiate; to meet the terms of any agreement that you have with us or our partners; or to manage our business.
Your Privacy Rights
If you want to learn more about the personal information that we have about you, or you would like to update, change, or delete that information, please contact us by email at email@example.com.
You may opt out of receiving marketing emails from us by following the instructions in those emails or by emailing us at firstname.lastname@example.org.
If you are a resident of a jurisdiction with an applicable data privacy law, you may have certain rights available to you in relation to your personal information. These rights may include:
- The right to be informed about our data collection practices;
- The right to access and correct your data;
- The right to erase or delete your data;
- The right to data portability;
- The right to opt out of the sale or sharing of your information;
- The right to opt out of targeted advertising;
- The right to opt-out of marketing emails and text messages;
- The right to limit our use of any automated decision-making processes;
- The right to withdraw consent (to the extent applicable); and
- The right to make a complaint to a data protection regulator.
To exercise any of the rights listed above, please contact us via email at email@example.com. We will respond to your request as soon as reasonably possible and within the timeframe required under applicable law. Prior to complying with your request, we will first verify your identity by comparing the information you provide with the information we have on file for you.
Additionally, you may authorize an agent to make a request on your behalf. To designate an agent, please provide a written and signed document by both you and the agent that authorizes the agent to act on your behalf. You may also use a power of attorney. We will still require you to provide information to allow us to reasonably verify that you are the person about whom we collected personal information.
You may also request deletion of your personal data by deleting your account entirely via the Platform.
The Services may contain links to third-party websites. If you use these links, you will leave the Services. We have not reviewed these third-party sites and do not control and are not responsible for any of these sites, their contents, or their privacy policies. Thus, we do not endorse or make any representations about them, or any information, software, or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party sites listed on our website, you do so at your own risk.
We employ physical, technical, and administrative procedures to safeguard the personal information we collect online. However, no website is 100% secure, and we cannot ensure or warrant the security of any information you transmit to the Services or to us, and you transmit such information at your own risk.
We retain personal information about you necessary to fulfill the purpose for which that information was collected or as required or permitted by law. We do not retain personal information longer than is necessary for us to achieve the purposes for which we collected it. When we destroy your personal information, we do so in a way that prevents that information from being restored or reconstructed.
The information that we collect through or in connection with the Services may be transferred to and processed in the United States, the European Union, and the United Kingdom of Great Britain and Northern Ireland for the purposes described above. We may subcontract the processing of your data to, or otherwise share your data with, affiliates or third parties in the United States, the European Union, the United Kingdom of Great Britain and Northern Ireland, or countries other than your country of residence. The data protection laws in these countries may be different from, and less stringent than, those in your country of residence. By using the Services or by providing any personal or other information to us, you expressly consent to such transfer and processing.
Content on our Services is directed at individuals over the age of 18 and is not directed at children under the age of 16. We do not knowingly collect personally identifiable information from children under the age of 16.
Changes to this Policy
We may make changes to the Services in the future and as a consequence will need to revise this Policy to reflect those changes. We will post all such changes on the Services, so you should review this page periodically. If we make a material change to the Policy, you will be provided with appropriate notice.
How to Contact Us
Should you have any questions or concerns about this Policy, you can contact us at firstname.lastname@example.org.