Last Updated On 03-March-2023
Effective Date 03-March-2023
This notice concerns user privacy while using one of the ARShades virtual try-on solutions, either branded ARShades or any other brand using our solutions under the ARShades Licence.
ARShades® by Spaarkly® uses your camera and potentially other sensors on your device to provide you with an augmented reality experience to try on the glasses you have selected, just as if you were actually wearing them. To do this, it is necessary to collect some information, mostly stored on your device and never identifiable to you. Therefore, we invite you to read this notice before starting the experience.
Spaarkly S.r.l. (hereinafter “Spaarkly”), owner of the registered Virtual Try-On software (also “VTO”), the ARSHADES trademark, and the website, as “Controller” of the data processing, provides you with some information on the use of personal data that users may provide when consulting and/or interacting with the ARSHADES technology (hereinafter also “VTO”, “Web VTO”, “Mobile Application”, “App”, “Applications and Services”).
This privacy notice (“Policy”) describes how personal identification information (“Personal Data”) that the user may provide in the mobile applications developed by Spaarkly and in any related ARSHADES product and service (collectively, “ARSHADES”) is collected, protected, and used. It also describes the choices available to the user regarding the use of their personal data and how they can access and update this information. This Notice is a legally binding agreement between the user (“User,” “you” or “your”) and the developer of this mobile application (“Spaarkly,” “we,” “us” or “our” or “Operator”). By accessing and using the ARShades Virtual Try-On solution, the user acknowledges having read, understood and agreed to be bound by the terms of this Policy. This policy does not apply to the policies of companies that we do not own or control, or to individuals that we do not employ or manage. The legal basis for the processing is based on the consent of the data subject and the legitimate interest of the Controller.
Collection of non-personally identifiable biometric data (including TrueDepth API/Depth API)
We use facial measurement software in our ARShades that, locally on the device, creates a realistic 3D rendering of your face, also using the TrueDepth Camera (iOS devices) or Depth API (Android devices). We will need to access your device’s camera to do this and we will ask for permission to access your camera before doing so. This enables you to access the virtual try-on experience.
Depending on the device used and the operating system adopted, ARShades uses different frameworks and software solutions developed directly by Spaarkly or by third parties. For the virtual try-on function of the glasses, ARShades uses your pc camera or the TrueDepth API/Depth API that have access to the sensory data of your device to:
The biometric data includes facial measurements collected using data from your camera or the TrueDepth Camera/Depth API contained in your device. The facial measurement data we may use includes the following: Pupillary Distance (PD), face size, face shape, nose size, cheekbone and jaw size. In some solutions, we may infer statistical data about gender, age group, hair color, and skin color.
Any collection of biometric identifiers and biometric information is solely for the purpose of providing you with a realistic try-on experience and potentially suggesting frame options based on your facial features, helping you visualize how certain models may look on your face.
All of this data is collected locally on your device and we may collect, store, or share it anonymously for development purposes and to obtain statistical information related to the use of ARShades. We do not collect information (e.g. registration data) that could be used to identify you as a specific and identifiable individual. Therefore, the data we collect cannot be linked to you in any way.
Your biometric data is not used for identification purposes.
ARShades may request or check your device model to confirm the existence of the required TrueDepth camera hardware component for app functionality. This information is not stored or shared with third parties.
We may also collect, use, and share aggregated data as statistical or demographic data. Aggregated data may be derived from your personal data, but it is not considered personal data as it does not directly or indirectly reveal your identity.
Collection of other personal information
You access and use the Mobile Application and Services without telling us who you are or revealing any information by which someone could identify you as a specific, identifiable individual.
Other data collected
While using ARShades, our servers automatically, placed in Europe, record information about your device. This data may include information such as your device’s IP address and location, device name and version, operating system type and version, language preferences, information you search for in the Mobile Application or Web Browser, access times and dates, and other statistics.
Information collected automatically is used only to identify potential cases of abuse and establish statistical information regarding the usage of ARShades Application and Services. This statistical information is not otherwise aggregated in such a way that would identify any particular user of the system.
Use and processing of collected information
In order to make the ARShades Application and Services available to you, or to meet a legal obligation, we may need to collect and use certain Personal Information. If you do not provide the information that we request, we may not be able to provide you with the requested products or services. Any of the information we collect from you may be used for the following purposes:
– Send report of your measurements
– Run and operate the Web or Mobile Applications and Services
Processing your Personal Information depends on how you interact with ARShades, where you are located in the world and if one of the following applies: (i) you have given your consent for one or more specific purposes; this, however, does not apply, whenever the processing of Personal Information is subject to California Consumer Privacy Act or European data protection law; (ii) provision of information is necessary for the performance of an agreement with you and/or for any pre-contractual obligations thereof; (iii) processing is necessary for compliance with a legal obligation to which you are subject; (iv) processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in us; (v) processing is necessary for the purposes of the legitimate interests pursued by us or by a third party.
Note that under some legislations we may be allowed to process information until you object to such processing (by opting out), without having to rely on consent or any other of the following legal bases below. In any case, we will be happy to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Information is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
Disclosure of information
Depending on the requested Services or as necessary to complete any transaction or provide any service you have requested, we may share your information with your consent with our trusted third parties that work with us, any other affiliates and subsidiaries we rely upon to assist in the operation of the Mobile Application and Services available to you. We do not share Personal Information with unaffiliated third parties. These service providers are not authorized to use or disclose your information except as necessary to perform services on our behalf or comply with legal requirements. We may share your Personal Information for these purposes only with third parties whose privacy policies are consistent with ours or who agree to abide by our policies with respect to Personal Information. These third parties are given Personal Information they need only in order to perform their designated functions, and we do not authorize them to use or disclose Personal Information for their own marketing or other purposes.
Retention of information
We will retain and use your Personal Information for the period necessary to comply with our legal obligations, resolve disputes, and enforce our agreements unless a longer retention period is required or permitted by law. We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally. Once the retention period expires, Personal Information shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after the expiration of the retention period.
Transfer of information
Depending on your location, data transfers may involve transferring and storing your information in a country other than your own. You are entitled to learn about the legal basis of information transfers to a country outside the European Union or to any international organization governed by public international law or set up by two or more countries, such as the UN, and about the security measures taken by us to safeguard your information. If any such transfer takes place, you can find out more by checking the relevant sections of this Policy or inquire with us using the information provided in the contact section.
The rights of users
You may exercise certain rights regarding your information processed by us. In particular, you have the right to do the following:
(i) you have the right to withdraw consent where you have previously given your consent to the processing of your information; (ii) you have the right to object to the processing of your information if the processing is carried out on a legal basis other than consent; (iii) you have the right to learn if information is being processed by us, obtain disclosure regarding certain aspects of the processing and obtain a copy of the information undergoing processing; (iv) you have the right to verify the accuracy of your information and ask for it to be updated or corrected; (v) you have the right, under certain circumstances, to restrict the processing of your information, in which case, we will not process your information for any purpose other than storing it; (vi) you have the right, under certain circumstances, to obtain the erasure of your Personal Information from us; (vii) you have the right to receive your information in a structured, commonly used and machine readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that your information is processed by automated means and that the processing is based on your consent, on a contract which you are part of or on pre-contractual obligations thereof.
The right to object to processing
Where Personal Information is processed for the public interest, in the exercise of an official authority vested in us or for the purposes of the legitimate interests pursued by us, you may object to such processing by providing a ground related to your particular situation to justify the objection.
Data protection rights under GDPR
If you are a resident of the European Economic Area (EEA), you have certain data protection rights and the Operator aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Information. If you wish to be informed what Personal Information we hold about you and if you want it to be removed from our systems, please contact us. In certain circumstances, you have the following data protection rights:
You have the right to request access to your Personal Information that we store and have the ability to access your Personal Information.
You have the right to request that we correct any Personal Information you believe is inaccurate. You also have the right to request us to complete the Personal Information you believe is incomplete. You have the right to request the erase of your Personal Information under certain conditions of this Policy.
You have the right to object to our processing of your Personal Information.
You have the right to seek restrictions on the processing of your Personal Information. When you restrict the processing of your Personal Information, we may store it but will not process it further. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
You also have the right to withdraw your consent at any time where the Operator relied on your consent to process your Personal Information.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Information. For more information, please contact your local data protection authority in the European Economic Area (EEA).
California privacy rights
In addition to the rights as explained in this Policy, California residents who provide Personal Information (as defined in the statute) to obtain products or services for personal, family, or household use are entitled to request and obtain from us, once a calendar year, information about the Personal Information we shared, if any, with other businesses for marketing uses. If applicable, this information would include the categories of Personal Information and the names and addresses of those businesses with which we shared such personal information for the immediately prior calendar year (e.g., requests made in the current year will receive information about the prior year). To obtain this information please contact us.
How to exercise these rights
Any requests to exercise your rights can be directed to the Operator through the contact details provided in this document. Please note that we may ask you to verify your identity before responding to such requests. Your request must provide sufficient information that allows us to verify that you are the person you are claiming to be or that you are the authorized representative of such person. You must include sufficient details to allow us to properly understand the request and respond to it. We cannot respond to your request or provide you with Personal Information unless we first verify your identity or authority to make such a request and confirm that the Personal Information relates to you.
Privacy of children
We do not knowingly collect any Personal Information from children under the age of 18. If you are under the age of 18, please do not submit any Personal Information through the Web or Mobile Applications and Services. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce this Policy by instructing their children never to provide Personal Information through the Web or Mobile Applications and Services without their permission. If you have reason to believe that a child under the age of 18 has provided Personal Information to us through ARShades VTO, please contact us. You must also be at least 16 years of age to consent to the processing of your Personal Information in your country (in some countries we may allow your parent or guardian to do so on your behalf).
We secure information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use, or disclosure. We maintain reasonable administrative, technical, and physical safeguards in an effort to protect against unauthorized access, use, modification, and disclosure of Personal Information in its control and custody. However, no data transmission over the Internet or wireless network can be guaranteed. Therefore, while we strive to protect your Personal Information, you acknowledge that (i) there are security and privacy limitations of the Internet which are beyond our control; (ii) the security, integrity, and privacy of any and all information and data exchanged between you and the Web or Mobile Applications and Services cannot be guaranteed; and (iii) any such information and data may be viewed or tampered with in transit by a third party, despite best efforts.
In the event we become aware that the security of the ARShades Application and Services has been compromised or users Personal Information has been disclosed to unrelated third parties as a result of external activity, including, but not limited to, security attacks or fraud, we reserve the right to take reasonably appropriate measures, including, but not limited to, investigation and reporting, as well as notification to and cooperation with law enforcement authorities. In the event of a data breach, we will make reasonable efforts to notify affected individuals if we believe that there is a reasonable risk of harm to the user as a result of the breach or if notice is otherwise required by law. When we do, we will send you an email, if we have email address from you.
Changes and amendments
We reserve the right to modify this Policy or its terms relating to the ARShades Solutions from time to time in our discretion and will notify you of any material changes to the way in which we treat Personal Information. When we do, we will revise the updated date at the top of this page. We may also provide notice to you in other ways in our discretion, such as pushing notification through the ARShades app. Any updated version of this Policy will be effective immediately upon the posting of the revised Policy unless otherwise specified. Your continued use of the ARShades after the effective date of the revised Policy (or such other act specified at that time) will constitute your consent to those changes. However, we will not, without your consent, use your Personal Information in a manner materially different than what was stated at the time your Personal Information was collected.
Acceptance of this policy
You acknowledge that you have read this Policy and agree to all its terms and conditions. By accessing and using the Web or Mobile Application and Services you agree to be bound by this Policy. If you do not agree to abide by the terms of this Policy, you are not authorized to access or use Arshades Application and Services.
If you would like to contact us to understand more about this Policy or wish to contact us concerning any matter relating to individual rights and your Personal Information, you may send an email to firstname.lastname@example.org .
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