Effective date November 20, 2020
Your privacy and the protection of your personal information is important to us. For U.S. residents, personal information means information that identifies, describes, or is reasonably capable of being associated with or linked to, directly or indirectly, an individual or household. For EU and UK residents, personal information means information relating to an identified or identifiable person – that is, a person who can be identified directly or indirectly by reference to an identifier.
TABLE OF CONTENTS
- International Transfers of Data. We process data in the U.S. and in the EU only. If you are located outside of these jurisdictions, and you access or use our Services, you do so at your own risk. You acknowledge that your personal information may be sent to the U.S., where data protection and other laws may provide a less comprehensive or protective standard of protection than those in your country.
- Your Rights (U.S. Residents), Including Rights in California and Nevada. If you are a U.S. resident, depending on where you live, you may have certain rights with respect to your personal information.
- Your Rights (EU Residents). If you are a EU residents, you have certain rights with respect to their personal information.
- Children’s Privacy. Our Services are not designed or intended for children under eighteen (18) years old. Users under eighteen (18) years old are prohibited from using our Services without parent or guardian consent.
- Information We Collect. We may collect certain information about you.
- How We Use Your Information. How we may use the information we collect about you.
- How We May Share Your Information. How we may share the information we collect about you with others.
- How We Protect Your Information. We use reasonable physical, technical, and administrative safeguards designed to protect the security of personal information that we collect.
- Communications with You. How we may communicate with you and your right to opt-out.
- Linked Sites. Our Services may be accessed through certain websites.
- How to Contact Us. You may contact us regarding the collection, use, disclosure, or security of your personal information by one of the means provided below. In contacting us, we may ask you to provide additional information.
INTERNATIONAL TRANSFERS OF DATA
EU and UK Residents. Personal data collected by us directly from EU or UK residents is processed in the EEA, and is not transferred to the U.S. except underuse of the Standard Contractual Clauses with any appropriate supplementary measures, or other legal mechanism approved under applicable EU or UK law.
Our Services, including our platform, are not designed to attract children aged thirteen (13) and under. Further, you must be sixteen (16) years old or older to use our Services. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information, including any associated account, and prohibit use of our Services. If you believe we might have any information from or about a child under 13 without parental consent, please contact us via the contact methods below.
INFORMATION WE COLLECT
Information You Give Us or Which We Automatically Collect.
When using our App, we may collect information regarding your geolocation, mobile device, and push notifications. For instance, we may request access or permission to and track location based on your mobile device. We may request access or permission to certain features from your mobile device, including your mobile device’s camera, microphone, sensors, blue tooth, social media accounts, storage, sms messages, reminders, and other features. We may automatically collect device information (such as your mobile device ID, model and manufacturer), operating system, version information and IP address. If you apply for employment with us, we may collect information from you for employment-related purposes.
Information We Collect From Third Parties.
We may collect information about you from third-parties whom you authorize to share information in connection with our Services, such as joint marketing partners, social media platforms (like Instagram or Facebook). Examples of information we receive from other sources include social media profile information (like your name, gender, birthday, email, current city, state and country, user identification numbers for your contacts, profile picture); marketing leads and search results and links, including paid listings (such as sponsored links).
Our App offers you the ability to register and login using your third-party social media account details (like your Facebook or Twitter logins). Where you choose to do this, we will receive certain profile information about you from your social media provider. The profile Information we receive may vary depending on the social media provider concerned, but will often include your name, e-mail address, friends list, profile picture as well as other information you choose to make public. We may collect your information from our service providers in the operation of our Services. If you apply for employment with us, we may collect your information from you, or through a third party in the business of placing people for employment.
HOW WE USE YOUR INFORMATION
We use the personal information we collect about you in connection with our Services, including the operation of our Services to provide augmented reality experiences. If you do not provide us with your personal information for these purposes, we cannot provide our Services to you. If you request information or Services from us (like, for instance, when using our premium Services), we will use your information to fulfill your request or any other purpose for which you provide it. We may use your information to respond to inquiries made by you, or for other customer service-related reasons. We may use your information to provide you with information about our Services or to better understand your needs, or to give you notice of and/or resolve any problems that may arise in connection with our Services. We may use your information for our marketing purposes. If you choose to link your account with us to a third-party account (like a Google or Facebook account), we use the information to facilitate the account creation and logon process. See the “How Do We Handle Your Social Logins” section below for more information.
We may use your information to deliver information to you to participate in any interactive features of our Services, to enable user-to-user communications (with each user’s consent), or to develop or display content and advertising tailored to your interests and/or location and to measure its effectiveness. We may use your information to administer prize draws and competitions when you elect to participate in such competitions. We may use information collected from our service providers to better render our Services for you and/or to help with our operations and for fraud prevention. Please note that we do not control, and are not responsible for, other uses of your personal information by your third party social media provider. You should review their privacy policies to understand how they collect, use, and share your personal information.
We may aggregate data to help improve our platform, applications, and/or Website experience for our users. If you apply for employment with us, we will collect your information for hiring-related purposes.
HOW WE MAY SHARE YOUR INFORMATION
We share the information we collect about you for business operations, including with third-party vendors, in order to perform our Services. We may share information with third parties to market their products or services to you. If so, we contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them. We may share your information with service providers to better or Services and/or for operational purposes, promotion of administration, and fraud prevention. Examples include payment processing, email delivery, and hosting services. We may allow selected third parties to use tracking technology collected from our Apps to enable them to collect data about how you interact with the App over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand online activity.
When you share personal information (for example, by posting comments, contributions or other content to the App) or otherwise interact with public areas of the App, such personal information may be viewed by all users and may be publicly distributed outside the App in perpetuity. If you interact with other users of our App or other Services, and/or register through a social network (such as Facebook), your contacts on the social network will see your name, profile photo, and descriptions of your activity. Similarly, other users will be able to view descriptions of your activity, communicate with you within our App, and view your profile. We may post testimonials from you on our App and Websites. Prior to posting a testimonial, we will obtain your consent to use your name and testimonial. If you wish to update or delete your testimonial, please contact us at email@example.com. Be sure to include your name, testimonial location, and contact information.
HOW WE PROTECT YOUR INFORMATION
We employ reasonable physical, technical, and administrative safeguards designed to protect the security of personal information that we collect in connection with our Services. Safeguards we employ include firewall barriers, SSL encryption techniques, and authentication procedures, to help protect personal information from loss, theft, misuse, and unauthorized access, disclosure, alteration, and destruction. These safeguards vary depending upon a variety of factors including the sensitivity of the information we collect and use.
Despite all reasonable practices, no security method is infallible. We cannot guarantee the security of the networks, systems, servers, devices, and databases we operate, that are operated on our behalf, or which you employ to access our Services. Nor can we guarantee the security of third-party networks, including cellular networks and storage servers, used in connection with our Services.
COOKIES, WEB BEACONS, GOOGLE TOOLS
Cookies and Web Beacons.
Your web browser will have an option you may select that will block cookies. Below are links to information about popular web browsers and how to block cookies using them
Our Website and emails we send also may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
Our Services use Google Maps APIs for the purpose of providing better Services. By using our Google Maps API implementation, you agree to be bound by Google’s Terms of Service. You agree to allow us to obtain or cache your location. You may revoke your consent at any time. We use information about location in conjunction with data from other data providers.
Our Websites employ Google Analytics, a web analytics tool provided by Google, Inc. that helps website owners understand how visitors engage with their websites. We can view a variety of reports about how visitors interact with our Websites so we can improve them. Google Analytics collects information using cookies and IP addresses, and it reports website trends without identifying individual visitors. In the event a visitor to our Websites submit contact information to Google, Google may then associate such information with the applicable IP address to enable us to see that visitor’s specific interactions with our Websites.
You can opt-out of Google Analytics by installing the Google Analytics Opt-out Browser Add-On. For information about and to install Google Analytics Opt-out Browser Add-on, click here:
DO NOT TRACK SIGNALS
Certain web browsers provide users with an option by which you may have your browser send a “Do Not Track” signal to websites that you are visiting, advising the recipient websites that you do not want to have your online activity tracked. However, the way browsers communicate such “Do Not Track” signals is not yet uniform and, accordingly, our Websites does not take any action in response to such signals. In the event a final standard is developed and accepted, we may reassess how we should respond to such signals.
COMMUNICATIONS WITH YOU
Our Communications with You and Opting Out of Electronic Communications
We may use your personal information to contact you via phone, texting, email, or by other means to the extent such activity is permitted by law. This information may be used to help us and our commercial partners, co-sponsors and services providers deliver information to you, and for other purposes as are reasonably necessary to provide the services requested by you. We may contact you to enable us to respond to an inquiry or comment from you, and/or to help us provide our Services to you.
By providing use with your mobile phone number and/or email address, and clicking the box allowing us to contact you, you authorize us to contact you by texting, phone, or other specified means. You may opt-out of receiving future communications from us by changing your account settings and preferences. You may opt-out of communications by following the instructions provided with our communications, for instance in the email message we send if we communicate with you by email.
We may request to send you push notifications regarding your account or for the App. If you wish to opt-out from receiving these types of communications, you may turn them off in your device’s settings.
You also may opt-out or change your preferences by providing opt-out instructions – e.g. sending an email or postal mail as provided below:
- Postal Mail: ImagineAR, 1525 Faraday Ave., Unit 250, Carlsbad , CA 92008
- Email Privacy: firstname.lastname@example.org
Be sure to include the contact information we are using to communicate with you, such as your email address, and let us know the specific types of communications you no longer wish to receive.
You have the right to access and correct your personal information that you submit to us when you create an account by accessing and changing your account information. Depending on where you live, you may have certain additional rights with respect to your information. Please note that you may be located in a jurisdiction where we are not obligated, or are unable, to fulfill a request. In such a case, your request may not be fulfilled.
If you prefer that we do not share personal information about you with our affiliates, or to nonaffiliated third parties, for marketing purposes, except as otherwise permitted or required by law, you may direct us not to do so by contacting us in the manners provided below. If you prefer that we do not direct market to you via our affiliates and nonaffiliated third parties through e-mail, postal mail, and/or telemarketing, you may direct us not to do so by contacting us in the manners provided below, or by sending a request by mail to the address above.
- Postal Mail: ImagineAR, 1525 Faraday Ave., Unit 250, Carlsbad , CA 92008
- Email Privacy: email@example.com
- Toll-free Number: 818-850-2490
Rights of California Residents. California residents with rights under the California Consumer Privacy Act (“CCPA”), or their authorized agents, may click here to learn those rights and make for access or deletion requests.
Do Not Sell My Personal Information. California residents may opt out of the “sale” of their personal information.
Rights of Nevada Residents. Residents of Nevada may learn about their rights here.
Rights of EU and UK Residents. EU and UK residents with rights under the EU General Data Protection Regulation (GDPR) or UK data protection laws may click here to learn those rights and make for access or deletion requests.
Postal Mail: ImagineAR, 1525 Faraday Ave., Unit 250, Carlsbad , CA 92008
- Email Privacy: Privacy@imaginear.com
We adopt this California Policy to comply with the California Consumer Privacy Act of 2018 (CCPA) and other California privacy laws. Any terms defined in CCPA have the same meaning when used in this California Policy, including the term “personal information,” which means “information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household, Personal information does not include information that has been de-identified or aggregated.”
You may review and print this California Policy here.[LINK]
Direct Marketing Lists – California Shine the Light Law
California residents can request a list of all the third parties to which we have disclosed certain personal information (as defined by California’s Shine the Light law) during the preceding year for those third parties’ direct marketing purposes. California residents may contact us at ImagineAR, 1525 Faraday Ave., Unit 250, Carlsbad , CA 92008.
In the body of your request, you must include: “California Shine the Light Request”, your name, a current California address including, street address, city, state, and zip code, as well as sufficient information for us to determine if the law applies to you. You will need to attest to the fact that you are a California resident.
We will not accept requests by telephone, email, or facsimile, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information.
Personal Information We Collect and For What Purpose
In the preceding 12 months, we have collected the following categories of personal information: identifiers; information subject to Cal. Civ. Code § 1798.80(e); protected classifications characteristics under California or U.S. law; internet or other electronic network activity information; geolocation data; employment-related information; inferences drawn about you from other personal information that relate to, describe or are reasonably capable of being associated with you.
We may also use or share de-identified information that is not reasonably likely to identify you for commercially legitimate business purposes.
Personal Information We Collect and Have Disclosed
|Categories of Personal Information Disclosed for a Business Purpose||Categories of Third Parties|
Personal Information We Collect and Have Sold
California residents may opt out of the “sale” of their personal information, which under the CCPA broadly means scenarios in which we have shared personal information with partners in exchange for valuable consideration. CCPA defines a “sale” as selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal information by the business to another business or a third party for monetary or other valuable consideration.
We have not sold personal information in the last twelve months.
Your Rights Under CCPA As A California Resident
Under CCPA, California residents have specific rights regarding their personal information as described below. These rights are subject to certain exceptions. We explain how you may exercise this right below.
- The Right to Disclosure of Information. You have the right to request that we disclose certain information regarding our practices with respect to personal information. If you submit a valid and verifiable request and we confirm your identity and/or authority to make the request, we will disclose to you any of the following at your direction: (i) the categories of personal information we have collected about you in the last 12 months, (ii) the categories of sources for the personal information we have collected about you in the last 12 months, (iii) our business or commercial purpose for collecting that personal information, (iv) the categories of third parties with whom we share that personal information, and (v) the specific pieces of personal information we collected about you. In addition, if we sold your personal information or disclosed it to a third party for a business purpose, we will provide a list of the personal information types that each category of recipient purchased. We explain how you may exercise this right below.
- Right to Deletion. You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. If you submit a valid and verifiable request and we can confirm your identity and/or authority to make the request, we will determine if retaining the information is necessary for us or our service providers to:
- Complete a transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
- Debug products to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et seq.);
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement if you previously provided informed consent;
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
- Comply with a legal obligation; and/or
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
- Right to Opt-Out of the Sale of Your Personal Information. As a California resident, you have the right to direct a business that sells your personal information to third parties not to sell your personal information. This right is referred to as “the right to opt-out.” We explain how you may exercise this right below.
- Right Against Discrimination. You may exercise your rights under the CCPA without discrimination. For example, unless the CCPA provides an exception, we will not:
- Deny you goods or services;
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
- Provide you a different level or quality of goods or services; or
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
We may offer you financial incentives to provide us with personal information that is reasonably related to the information’s value. This could result in different prices, rates, or quality levels for our products or services. Any financial incentive we offer will be described in written terms that explain the material aspects of the financial incentive program. You must opt-in to any financial incentive program and may revoke your consent at any time by contacting us as indicated below.
How To Exercise Your Rights Under the CCPA
To submit a verifiable request under the CCPA to access or delete your information, please visit our online request portal and fill in the form by visiting here.
Alternatively, you may call us at this number: INSERT Toll-Free Number
Please note that you if you choose to make a CCPA request, we will require certain information in order to verify who you are, including your name, account information, address, and telephone number. This information will be requested via the webform.
You may have an authorized agent, as defined by CCPA and/or related regulations, submit a request on your behalf. However, we may require proof of such agent’s status as an authorized agent, including an executed permission by you, and verification of the agent’s own identity. We also still will require the information requested via the webform.
ImagineAR does not sell “covered information” for monetary consideration. However Nevada law requires us to post the following:
Nevada consumers may opt out of the sale of “covered information” for monetary consideration to a person for that person to license or sell such information. “Covered information” means any one or more of the following items of personally identifiable information about a consumer: first and last name, home or other physical address which includes the name of a street and the name of a city or town, e-mail address, telephone number, social security number, an identifier that allows a specific person to be contacted either physically or online, or other information maintained in combination with an identifier that makes the information personally identifiable.
If you are a Nevada resident who has purchased goods or services from us, you may submit a request to opt out of any potential future sales under Nevada law by emailing us at firstname.lastname@example.org Please use “Nevada Do Not Sell” in the subject line. Note we will take reasonable steps to verify your identity and the authenticity
EU and UK Residents
Specific rights for EU and UK residents
You have certain rights in relation to your personal information. If you would like further information in relation to these or would like to exercise any of them, please contact us via email at email@example.com at any time. You have the following rights:
- Right of access. You have a right of access to any personal information we hold about you. You can ask us for a copy of your personal information; confirmation as to whether your personal information is being used by us; details about how and why it is being used; and details of the safeguards which are in place if we transfer your information outside of the EU or UK.
- Right to update your information. You have a right to request an update to any of your personal information which is out of date or incorrect.
- Right to delete your information. You have a right to ask us to delete any personal information which we are holding about you in certain specific circumstances. You can ask us for further information on these specific circumstances by contacting us. We will pass your request onto other recipients of your personal information unless that is impossible or involves disproportionate effort. You can ask us who the recipients are by contacting us.
- Right to restrict use of your information. You have a right to ask us to restrict the way that we process your personal information in certain specific circumstances. You can ask us for further information on these specific circumstances by contacting us. We will pass your request onto other recipients of your personal information unless that is impossible or involves disproportionate effort. You can ask us who the recipients are by contacting us.
- Right to stop marketing. You have a right to ask us to stop using your personal information for direct marketing purposes. If you exercise this right, we will stop using your personal information for this purpose.
- Right to data portability. You have a right to ask us to provide your personal information to a third party provider of services. This right only applies where we use your personal information on the basis of your consent or performance of a contract; and where our use of your information is carried out by automated means.
- Right to object. You have a right to ask us to consider any valid objections which you have to our use of your personal information where we process your personal information on the basis of our or another person's legitimate interest. We will consider all such requests and provide our response within a reasonable period (and in any event within one month of your request unless we tell you we are entitled to a longer period under applicable law). Please note, however, that certain personal information may be exempt from such requests in certain circumstances, for example, if we need to keep using the information to comply with our own legal obligations or to establish, exercise, or defend legal claims.
If an exception applies, we will tell you this when responding to your request. We may request you provide us with the information necessary to confirm your identity before responding to any request you make.
If you have any queries or complaints about our collection, use or storage of your personal information, or if you wish to exercise any of your rights in relation to your personal information, please contact us. We will investigate and attempt to resolve any such complaint or dispute regarding the use or disclosure of your personal information.
You may also make a complaint to the relevant supervisory authority, namely: [the Information Commissioner’s Office in the UK, or the member state in which you reside.