Effective Date: 1/1/2020.
Last Reviewed on: 1/1/2020.
- Who we are and how to contact us.
- Your rights relating to your Personal Data.
- Marketing communications preferences.
- What Personal Data we collect.
- How we use your Personal Data and why.
- What happens when you do not provide necessary Personal Data?
- Personal Data from Third Party Sources.
- Who we share your Personal Data with.
- How we keep your Personal Data secure.
- How long we store your Personal Data.
- Third party links.
- EU-US Privacy Shield.
Who we are and how to contact us
Who we are and how to contact us
Who we are
How to contact us
You can contact us by emailing: firstname.lastname@example.org.
Your rights and choices relating to your Personal Data
By law you have the right to:
- Request access to your Personal Data. This enables you to receive a copy of the Personal Data we hold about you and to check that we are lawfully processing it.
- Request correction of the Personal Data that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
- Request erasure of your Personal Data. This enables you to ask us to delete or remove Personal Data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your Personal Data where you have exercised your right to object to processing (see below).
- Object to processing of your Personal Data. This right exists where we are relying on a Legitimate Interest as the legal basis for our processing and there is something about your particular situation, which makes you want to object to processing on this ground. You also have the right to object where we are processing your Personal Data for direct marketing purposes.
- Request the restriction of processing of your Personal Data. This enables you to ask us to suspend the processing of Personal Data about you, for example if you want us to establish its accuracy or the reason for processing it.
- Request the transfer of your Personal Data. We will provide to you, or a third party you have chosen, your Personal Data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
- Withdraw consent. This right only exists where we are relying on consent to process your Personal Data (“Consent Withdrawal”). If you withdraw your consent, we may not be able to provide you with access to the certain specific functionalities of our Site. We will advise you if this is the case at the time you withdraw your consent.
YOU HAVE THE RIGHT TO CHOOSE TO OPT-OUT OF HAVING YOUR PERSONAL DATA FROM (I) BEING DISCLOSED TO THIRD PARTIES OR (II) BEING USED FOR A PURPOSE THAT IS MATERIALLY DIFFERENT FROM THE PURPOSE(S) FOR WHICH IT WAS ORIGINALLY COLLECTED OR SUBSEQUENTLY AUTHORIZED BY YOU.
California residents may have additional personal information rights and choices. Please see the section entitled “Your California Privacy Rights” below for more information.
How to exercise your rights
If you want to exercise any of the rights described above, please contact us at: email@example.com.
Typically, you will not have to pay a fee to access your Personal Data (or to exercise any of the other rights). However, except in relation to Consent Withdrawal, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive, or, we may refuse to comply with your request in these circumstances. We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Data (or to exercise any of your other rights). This is a security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response. We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
Marketing Communication Preferences
You can ask us to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time at: firstname.lastname@example.org.
Where you opt out of receiving these marketing messages, this will not apply to Personal Data provided to us as a result of emails relating to purchases, subscription renewals and customer announcements relating to product/services such as technical notifications, service updates or other administrative communications.
What Personal Data we collect
All the Personal Data that we may collect, both from you and from third parties about you, is outlined in the table below.
|Category of Personal Data potentially collected||What this means|
|Identity Data||First name, surname, last name, username or similar identifier, title, and image data (as further described below).|
|Contact Data||Your address, billing address, email address and telephone numbers.|
|Marketing and Communications Data||Your preferences in receiving marketing from us and our third parties and your communication preferences.|
|Behavioural Data||Inferred or assumed information relating to your behaviour and interests, based on your online activity. This is most often collated and grouped into “segments.”|
|Technical Data||Internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website or use our services.|
Our service consists of processing 3D images (including color and depth data) which you may have chosen to scan (collectively, “Image(s)”). If you have chosen to do so, such Image(s) may be of yourself or others. Under applicable law, such images may constitute “Personal Data”. Our FaceHero applications family, including “FaceHero – live 3D avatar” and “FaceHero – your live 3D avatar” (collectively, “FaceHero Applications”) does not collect any depth information.
No Special Categories of Personal Data
We cannot and do not control what Images you submit to us for processing through our service. We do not knowingly or intentionally collect any “Special Categories of Personal Data” about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences. However, if you choose to upload Images of yourself (or others) to our service, such Images may contain elements or images which may naturally suggest, imply or reveal certain characteristics of the subject of the Image. By way of example, your image may reveal your ethnicity based on your genetic or physical characteristics.
How we use your Personal Data and why
In respect of each of the purposes for which we use your Personal Data, the GDPR requires us to ensure that we have a “legal basis” for that use. Most commonly, we will rely on one of the following legal bases:
- Where we need to perform a contract we are about to enter into or have entered into with you (“Contractual Necessity”).
- Where it is necessary for our legitimate interests and your interests and fundamental rights do not override those interests (“Legitimate Interests”). More detail about the specific legitimate interests pursued in respect of each Purpose we use your Personal Data for is set out in the table below.
- Where we need to comply with a legal or regulatory obligation (“Compliance with Law”).
- Where we have your specific consent to carry out the processing for the Purpose in question (“Consent”).
Generally we do not rely on your Consent as a legal basis for using your Personal Data. We have set out below, in a table format, the legal bases we rely on in respect of the relevant Purposes for which we use your Personal Data.
|Purpose||Category(ies) of Personal Data involved||Why do we do this||Our legal basis for this use of data|
|Fraud Prevention||Identity Data Contact Data||To keep our website, our services and associated systems operational and secure.||Legitimate Interests. We have a legitimate interest in ensuring the ongoing security and proper operation of our services, website and associated IT services and networks.|
|Troubleshooting||Technical Data||To track issues that might be occurring on our systems.||Legitimate Interests. It is in our legitimate interests that we are able to monitor and ensure the proper operation of our Sites and associated systems and services.|
|Marketing||Identity Data Contact Data Marketing and Communications Data Behavioural Data||To form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which services and offers may be relevant for you.||Legitimate Interests. We have a legitimate interest in providing you with updates on our Sites and related offers where you have purchased or shown interest in similar services from us.|
We may use data from Images (including depth data) in order to improve our products and services including, without limitation, (i) for training our computer vision algorithms, and (ii) debugging crashes on specific datasets. For the avoidance of doubt, FaceHero Applications do not collect any depth information. Furthermore, we will not use the images collected with FaceHero Applications to gather any additional information about users of FaceHero Applications for any purpose other than directly related to 3D avatar creation. Specifically, we will not attempt to build a contact database of FaceHero Applications users.
In the event that we (and/or our business lines, subsidiaries or affiliates) are ever sold, acquired, merged, liquidated, reorganized, or otherwise transferred, we also reserve the right to transfer our user databases (together with any Personal Data or Non-Personal Data contained therein), to a third-party acquiring our assets. In the event we do so, we will place a prominent notice of the sale on the homepage of our corporate website, with links to information as to how you can change your privacy preferences.
California residents may have additional personal information rights and choices. Please see the section entitled “Your California Privacy Rights” below for more information.
What happens when you do not provide necessary Personal Data?
Where we need to process your Personal Data either to comply with law, or to perform the terms of an agreement that we have with you and you fail to provide that data when requested, we may not be able to perform the agreement we have or are trying to enter into with you (for example, to provide you with the functionalities of the Site). In this case, we may have to stop you using our Site have with us but we will notify you if this is the case at the time.
Personal Data from Third Party Sources
In addition to the Personal Data that we collect directly from you (as described in the section immediately above this one), we also collect certain of your Personal Data from third party sources. These sources are broken down in the table below, together with a description of whether they are publicly available or not.
|Third party data source||Publicly available?||Category(ies) or other types of personal data received.|
|Our Affiliates||No||Identity Data Contact Data Marketing and Communications Data Behavioural Data Technical Data|
|Analytics Providers||No||Behavioural Data Technical Data|
|Advertisers||No||Behavioural Data Technical Data|
|Lead Generation Service Providers||No||Identity Data Contact Data|
What are cookies?
We may collect information using “cookies”. Cookies are small data files stored on the hard drive of your computer or mobile device by a website. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer or mobile device until you delete them) to provide you with a more personal and interactive experience on our Site.
We use two broad categories of cookies:
- first party cookies, served directly by us to your computer or mobile device; and
- third party cookies, which are served by our partners or service providers on our Site.
Cookies we use
Our Site uses the following types of cookies for the purposes set out below:
|Type of cookie||Purpose|
|Essential Cookies||These cookies are essential to provide you with services available through our Site and to enable you to use some of its features. For example, they allow you to log in to secure areas of our Site and help the content of the pages you request to load quickly. Without these cookies, the services that you have asked for cannot be provided, and we only use these cookies to provide you with those services.|
|Functionality Cookies||These cookies allow our Site to remember choices you make when you use our Site, such as remembering your language preferences, remembering your login details and remembering the changes you make to other parts of our Site which you can customise. The purpose of these cookies is to provide you with a more personal experience and to avoid you having to re-enter your preferences every time you visit our Site.|
|Analytics and Performance Cookies||These cookies are used to collect information about traffic to our Site and how users use our Site. The information gathered via these cookies does not “directly” identify any individual visitor. However, it may render such visitors “indirectly identifiable”. This is because the information collected is typically linked to a pseudonymous identifier associated with the device you use to access our Site. The information collected is aggregated and anonymous. It includes the number of visitors to our Site, the websites that referred them to our Site, the pages they visited on our Site, what time of day they visited our Site, whether they have visited our Site before, and other similar information. We use this information to help operate our Site more efficiently, to gather broad demographic information and to monitor the level of activity on our Site. We use Google Analytics for this purpose. Google Analytics uses its own cookies. It is only used to improve how our Site works. You can find out more information about Google Analytics cookies here: https://developers.google.com/analytics/resources/concepts/gaConceptsCookies You can find out more about how Google protects your data here: www.google.com/analytics/learn/privacy.html.|
|Targeted and advertising cookies||These cookies track your browsing habits to enable us to show advertising which is more likely to be of interest to you. These cookies use information about your browsing history to group you with other users who have similar interests. Based on that information, and with our permission, third party advertisers can place cookies to enable them to show adverts which we think will be relevant to your interests while you are on third party websites.|
|Social Media Cookies||These cookies are used when you share information using a social media sharing button or “like” button on our Site or you link your account or engage with our content on or through, or whilst simultaneously logged into, a social networking website such as Facebook. The social network will record that you have done this.|
You can typically remove or reject cookies via your browser settings. In order to do this, follow the instructions provided by your browser (usually located within the “settings”, “help” “tools” or “edit” facility). Many browsers are set to accept cookies until you change your settings.
If you do not accept our cookies, you may experience some inconvenience in your use of our Site. For example, we may not be able to recognise your computer or mobile device and you may need to log in every time you visit our Site. Further information about cookies, including how to see what cookies have been set on your computer or mobile device and how to manage and delete them, visit www.allaboutcookies.org and www.youronlinechoices.com/uk. In particular, you can disable cookies which remember your browsing habits and target advertising at you by visiting http://www.youronlinechoices.com/uk/your-ad-choices. If you choose to remove targeted or advertising cookies, you may still see ads but they may not be relevant to you. Even if you do choose to remove cookies by the companies listed at the above link, not all companies that serve online behavioral advertising are included in this list, and so you may still receive some cookies and tailored ads from companies that are not listed. You can also prevent the use of Google Analytics relating to your use of our Site by downloading and installing the browser plugin available via this link: http://tools.google.com/dlpage/gaoptout?hl=en-GB
Who we share your Personal Data with
The table below describes who we share your Personal Data with, what we share and why we share it. We share your Personal Data within the members of the Itseez3D group of companies (i.e. our Affiliates). This will involve transferring your data outside the European Economic Area (“Europe”). Many external third parties which we contract with to provide products and services are based outside Europe so their processing of your Personal Data will involve a transfer of data to countries based outside of Europe. We endeavour to ensure that people to whom we provide Personal Data hold it subject to appropriate safeguards and controls. Whenever we transfer your Personal Data out of the Europe, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
- We may transfer your Personal Data to countries that have been deemed to provide an adequate level of protection for Personal Data by the European Commission. For further details, see European Commission: Adequacy of the protection of Personal Data in non-EU countries.
- Where we use service providers outside Europe, we may use specific contracts approved by the European Commission, which give Personal Data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of Personal Data to third countries.
- Where we use service providers based in the U.S., we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to Personal Data shared between Europe and the U.S. For further details, see European Commission: EU-U.S. Privacy Shield.
|Recipients||Category(ies) of Personal Data we share.||Why we share it||Location(s)|
|Our Affiliates||Identity Data Contact Data Behavioural Data Marketing and Communications Data||Our affiliates help us provide our service and help manage our customer relationships (including providing customer support, customer liaison, sales and marketing etc.).||Within Europe The United States|
|Service Providers||Identity Data Contact Data Behavioural Data Technical Data||Our service providers provide us with IT and system administration services.||Within Europe The United States|
|Our Partners||Identity Data Contact Data Behavioural Data Marketing and Communications Data||Our Partners help us provide our service and help manage our customer relationships (including providing customer support, sales, customer liaison, sales and marketing etc.).||Within Europe Australia & New Zealand Asia Pacific region|
|Professional advisers||Identity Data Contact Data||Our lawyers, bankers, auditors and insurers provide consultancy, banking, legal, insurance and accounting services.||Within Europe The United States|
|Tax, customs, regulators and other authorities||Identity Data Contact Data||Authorities may require reporting of processing activities in certain circumstances (including disclosure of Personal Data in response to lawful requests, including to meet national security or law enforcement requirements).||Within Europe The United States|
For additional clarity, Images are shared only with our wholly-owned subsidiary, Itseez3D East LLC. Such Images may be hosted by third-party hosting providers (including, without limitation, Amazon Web Services (AWS)), Itseez3D and Itseez3D’s subsidiaries, on servers which may be located in the United States or other countries outside the EU. We do not share Images with any other third parties.
We may also use or publish statistics regarding our products and services (including, without limitation, number of avatars or Images created through our service, and/or statistics collected through our mobile application such as the number of downloads). Any such information collected is aggregated and anonymous.
How we keep your Personal Data secure
We have put in place appropriate security measures to prevent your Personal Data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. We limit access to your Personal Data to those employees and other staff who have a business need to have such access. All such people are subject to a contractual duty of confidentiality.
We have put in place procedures to deal with any actual or suspected Personal Data breach. In the event of any such breach, we have systems in place to work with applicable regulators. In addition, in certain circumstances (e.g., where we are legally required to do so) we may notify you of breaches affecting your Personal Data.
How long we store your Personal Data.
Third party links
EU-U.S. Privacy Shield
As described in the Privacy Shield Principles, Itseez3D is accountable for Personal Data that it receives and subsequently transfers to third parties. If third parties that process Personal Data on our behalf do so in a manner that does not comply with the Privacy Shield Principles, we are accountable, unless we prove that we are not responsible for the event giving rise to the damage.
Subject to approval of our Privacy Shield Application, Itseez3D commits to cooperate with the panel established by the EU data protection authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) and comply with the advice given by such authorities with regard to Personal Data transferred from the EU and Switzerland. Please contact us to be directed to the relevant DPA and FDPIC contacts.
Subject to approval of our Privacy Shield Application, as further explained in the Privacy Shield Principles, binding arbitration before a Privacy Shield Panel will also be made available to you in order to address residual complaints not resolved by any other means. Itseez3D is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission (FTC).
California residents may have additional personal information rights and choices. Please see the section entitled “Your California Privacy Rights” immediately below for more information.
Your California Privacy Rights
If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit CCPA Privacy Notice for California Residents.
California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to email@example.com.
Do Not Sell My Personal Information “We will not sell your personal information. However, California law requires that, to the extent we sell your personal information, we allow you to opt out of the sale of such information. If you would like to affirmatively opt-out, please send an email to firstname.lastname@example.org.”