PRIVACY NOTICE FOR CALIFORNIA RESIDENTS
This Privacy Notice for California Residents (“Notice”) supplements the information contained in our Privacy Policy and applies solely to visitors, users and others who reside in the State of California (“consumers” or “you”) pursuant to the California Consumer Privacy Act of 2018 (“CCPA”). This Notice explains how we collect, use, and share your personal information and how to exercise your rights under the CCPA, and unless otherwise defined herein, any terms defined in the CCPA have the same meaning when used in this Notice.
Where noted in this Notice, the CCPA temporarily exempts personal information reflecting a written or verbal business-to-business communication (“B2B personal information”) from some its requirements.
For the purposes of this Notice, the term “personal information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you. Personal information does not include:
• Publicly available information from government records,
• Deidentified or aggregated consumer information, or
• Other information excluded from the CCPA’s scope.
I. COLLECTION, USE AND SHARING OF PERSONAL INFORMATION
By offering products and provide services, including through our websites, web pages, mobile sites, mobile apps, social media pages, hardware, virtual reality headsets and other related virtual reality gear and software (collectively, the “Services”), we may process information about you, including personal information. We may use or share your personal information we collect for business purposes, including one or more of the following:
· To provide the Services;
· To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.
· To provide, support, personalize, and develop our website, products, and services.
· To create, maintain, customize, and secure your account with us.
· To process your requests, purchases, transactions, and payments and prevent transactional fraud.
· To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
· To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email or text message (with your consent, where required by law).
· To help maintain the safety, security, and integrity of our website, products and services, databases and other technology assets, and business.
· For testing, research, analysis, and product development, including to develop and improve our website, products, and services.
· To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
· As described to you when collecting your personal information or as otherwise set forth in the CCPA.
· To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our consumers is among the assets transferred.
· Other purposes in connection with the Services.
We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice. We do not sell any of your personal information.
You can learn more about the kinds of information we collect and how we use it by reviewing our Privacy Policy.
Categories of personal information May Include:
1. Identifiers;
2. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code §1798.80(e));
3. Protected classification characteristics under California or federal law;
4. Commercial information;
5. Biometric information;
6. Voice recordings or hand tracking data, if you choose to allow us to collect it;
7. Internet or other electronic network activity information;
8. Geolocation data, including precise device location if you choose to allow us to collect it;
9. Sensory data;
10. Audio or visual information, including photos and videos, if you choose to provide it;
11. Professional or employment related information; and
12. Information derived from other personal information about you, which could include your preferences, interests, and other information used to personalize your experience.
Examples of how personal information is used include:
1. Providing, personalizing, and improving our Services;
2. Improving and developing your experience and our Services;
3. Communicating with you;
4. Marketing to you; and
5. Promoting safety, integrity, and security.
Parties with whom each category of personal information may be shared include:
1. Apps, websites, and third-party integrations on or using our Services, such as service providers that host or operate our website and mobile apps, analyze data, process transactions and payments, fulfill orders or provide customer service; advertisers; sponsors or other third parties that participate in or administer our promotions, contests, sweepstakes, surveys or provide marketing or promotional assistance;
2. Certain information you post to your profile, such as your ID, your system-generated user ID, and avatar, will be public and visible to people on and off our Services;
3. New owners in the event of a change of ownership or control of all or part of our Services or their assets changes;
4. Partners, including vendors and service providers, and researchers and academics; and
5. Law enforcement or other third parties in connection with legal requests
To learn more about how we process information, including other types of personal information we collect, please refer to our Privacy Policy.
II. SOURCES OF PERSONAL INFORMATION
We receive personal information from the information that you and others provide, from your device(s), and from our partners. The categories of sources from which we have collected or received personal information include:
1. You: We collect information you provide when you use our Services, including when you sign up for an account, add information to your profile or account, buy products through our Services or use our Services. We also collect information about how you use our Services, such as information about the content, apps, features, or other experiences you interact with.
2. Other people: We also collect content and information that other people provide when they use the Services. This can include information about you.
3. Your device(s): We collect information from and about the Sites or Devices (as such terms are defined in the Privacy Policy) you use to access our Services, including information about the type of device used (such as a headset, PC, TV, mobile, or other connected device), its configuration (such as your operating system and graphics processing unit), your browser, Internet Protocol address, and how your device is performing. We may also collect information about your environment, physical movements, and dimensions when you our device. We may also receive information through device settings you choose, such as your photos or audio content.
4. Partners: We may receive information about you from partners that provide us information that is publicly or commercially available, and may combine that information with the other information we collect about you.
III. YOUR RIGHTS UNDER THE CCPA
The CCPA provides consumers that are California residents with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months from the time of your request. Once we receive and confirm your verifiable consumer request (see “Exercising Access, Data Portability, and Deletion Rights” below), we will disclose to you:
· The categories of personal information we collected about you.
· The categories of sources for the personal information we collected about you.
· Our business or commercial purpose for collecting or selling that personal information.
· The categories of third parties with whom we share that personal information.
· The specific pieces of personal information we collected about you (also called a data portability request).
· If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
· sales, identifying the personal information categories that each category of recipient purchased; and
· disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
We do not provide these access and data portability rights for B2B personal information.
Deletion Request Rights
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. Once we receive and confirm your verifiable consumer request (see “Exercising Access, Data Portability, and Deletion Rights” below), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
1. Complete the 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, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
3. Debug products to identify and repair errors that impair existing intended functionality.
4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
6. 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.
7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
8. Comply with a legal obligation.
9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
We do not provide these deletion rights for B2B personal information.
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:
· Emailing us at [email protected]
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
· Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
· Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.
Making a verifiable consumer request does not require you to create an account with us.
We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
For instructions on exercising sale opt-out rights, see “Personal information Sales Opt-Out and Opt-In Rights”.
Response Timing and Format
We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.
If you have an account with us, we will deliver our written response to that account or electronically. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.
Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
IV. NON-DISCRIMINATION
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
· Deny your 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.
· Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
V. OTHER CALIFORNIA PRIVACY RIGHTS
California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Services that 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 protected] Please note that we are not required to respond to requests made by means other than through the e-mail address provided in this paragraph.
VI. CHANGES TO OUR PRIVACY NOTICE
We reserve the right to amend this Notice at our discretion and at any time. When we make changes to this Notice, we will post an updated Notice on our website. Your continued use of any of our Services following the posting of changes constitutes your acceptance of such updated Notice.
VII. CONTACT US
If you have any questions regarding this Notice (except as otherwise indicated here above), please contact us at: 5301 Polk Street, Building 14-B6 Houston TX 77023, or send us an e–mail at [email protected]