Last updated: December 6, 2022
This Privacy Statement describes the personal data we collect and/or process (which may include collecting, organizing, structuring, storing, using, or disclosing) to provide products and services offered directly by Omnivor, Inc. (“Forma Vision”), including Forma Vision’s websites,its holographic video streaming cloud service, holographic content production applications (“Forma Studio”, “Forma Workspace''), playback application(“Forma 3DPlayer”), and client applications (“Forma Vision”). These various products and services are referred to in this Privacy Statement as the “Service” or the Forma Vision product. Client applications include device-specific Forma Studio applications(including but not limited to WebAR, Meta Quest 2, Meta Quest Pro, Magic Leap 1, Magic Leap 2,Nreal Light, Windows, LINUX). For clarity, “Omnivor Inc '' is the legal business entity name whereas “Forma Vision '' is a the entities copyrighted publicly used named for marketing activation, public relations, etc.
The data that we regularly collect about visitors to the Website and through the use of our applications (“Forma Studio”, “Forma Desktop''), playback application(“Forma 3D Player”), and client applications (“Forma Vision”) (e.g., IP address, browser type, pages accessed, duration of visit, etc.) does not necessarily enable us to personally identify you, and that is not our intention. We do collect personally identifiable information about you, such as your name and phone number, when you voluntarily provide it by registering with us or using our products. Providing additional information is optional. To facilitate your use of the Service, we may automatically collect certain types of information when you access or use the Service. In order to collect this data, Forma Vision may utilize automated tools and files such as “cookies.” These automated tools and files may reside on our servers or on your computer or device. If you restrict our ability to use automated tools and files, your ability to access and use all or part of the Service may be limited or disabled completely.
We may collect, or process on behalf of our customers, the following categories of personal data when you use or interact with the Forma Vision website as a consequence of filling out and submitting a “Contact Us” form. Similarly, any technical support requests by our users may result in the collection of similar data types:
● Your name
● Your email address
● Your phone number
● Communications with Forma Vision: Information about your communications with Forma Vision, including relating to support questions and other inquiries.
Forma Vision uses your personally identifiable information primarily to provide you with our products and services and to provide customized content through the products and services that is of interest to you. The information is also used to verify your authority to access the products and to contact you when reasonably necessary. Forma Vision may also use any information you have provided as reasonably necessary to administer or provide customer support for Service, and to provide you with periodic printed ore-mail communications about new products and services, discounts, special promotions or upcoming events. You may opt-out of receiving some or all non-service related communications by updating your profile on the Service. Also, your full name and email address may be used when you use the service to send a message to another user. Additionally, we may use your email address to contact you on behalf of others on the Service (such as if another user sends you a message).
The Forma Vision Service enable users to participate ingroup meetings, streams or other broadcasts. You should be aware that when you voluntarily disclose personal information in a meeting, stream or broadcast, that information will be available to other participants in that meeting or recipients of that stream or broadcast, and that Forma Vision does not control the actions of such third parties. Please do not post or disclose any personal information in these public forums that you expect to keep private.
Forma Vision provides personal data to third parties only with consent or in one of the following circumstances (subject to your prior consent where required under applicable law):
● For Legal Reasons: Forma Vision may share personal data as needed to: (1) comply with applicable law or respond to, investigate, or participate in valid legal process and proceedings, including from law enforcement or government agencies; (2) enforce or investigate potential violations of its Terms of Service or policies; (3) detect, prevent, or investigate potential fraud, abuse, or safety and security concerns, including threats to the public; (4) meet our corporate and social responsibility commitments; (5) protect our and our customers’ rights and property; and (6) resolve disputes and enforce agreements.
● Operation of the Services: Forma Vision may contract with various third parties who help us provide and maintain the Service. For example, we use a third party to process payments made to us, and may subcontract out production, fulfillment, or other operations. In these cases, we will use commercially reasonable efforts to prevent such third parties from disclosing your personal information, except for the purpose of providing the services in question.
● Through the Service. Additionally, as part of the service, Forma Vision will make your profile information and contributions in meetings, streams or broadcasts to the other users in those meetings, streams or broadcasts.
● Change of Control: We may share personal data with actual or prospective acquirers, their representatives and other relevant participants in, or during negotiations of, any sale, merger, acquisition, restructuring, or change in control involving all or a portion of Forma Vision’s business or assets, including in connection with bankruptcy or similar proceedings.
If you are in the European Economic Area (EEA), Switzerland,or the UK, or a resident of California, please refer to the respective dedicated sections below. Otherwise, at your request, and as required by applicable law, we will:
● Inform you of what personal data we have about you that is under our control;
● Amend or correct such personal data or any previous privacy preferences you selected, or direct you to applicable tools;and/or
● Delete such personal data or direct you to applicable tools.
In order to exercise any of your rights as to personal data controlled by Forma Vision, please firstname.lastname@example.org. Where legally permitted, we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, or jeopardize the privacy of others. As an account owner or a user under a licensed account, you may also take steps to affect your personal data by visiting your account and modifying your personal data directly.
We value your trust in providing us your Personal Data, thus we are striving to use commercially acceptable means of protecting it. But remember that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security.
Forma Vision’s Service is not intended for anyone under the age of 18. We do not knowingly collect personally identifiable information from children under 18. In the case we discover that a child under 18 has provided us with personal information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we will be able to do necessary actions.
To exercise your rights, please send an email email@example.com. If you have any privacy-related questions or comments related to this Privacy Statement, please send an email to firstname.lastname@example.org.
You have the right to delete the personal informationwe have collected from you and know certain information about our datapractices in the preceding 12 months. In particular, you have the right torequest the following from us:
● The categories of personal information we have collected about you;
● The categories of sources from which thepersonal information was collected;
● The categories of personal information about youwe disclosed for a business purpose or sold;
● The categories of third parties to whom thepersonal information was disclosed for a business purpose or sold;
● The business or commercial purpose forcollecting or selling the personal information; and
● The specific pieces of personal information wehave collected about you.
To exercise any of these rights, contact us at email@example.com. In the request, please specify which right you are seeking to exercise and the scope of the request. We will confirm receipt of your request within 10 days. We may require specific information from you to help us verify your identity and process your request. If we are unable to verify your identity, we may deny your requests to know or delete.
Data Subjects Rights
If you are in the EEA, Switzerland, or the UK, your rights in relation to your personal data processed by us as a controller specifically include:
● Right of access and/or portability: You have the right to access any personal data that we hold about you and, in some circumstances, have that data provided to you so that you can provide or “port” that data to another provider;
● Right of erasure: In certain circumstances, you have the right to the erasure of personal data that we hold about you (for example, if it is no longer necessary for the purposes for which it was originally collected);
● Right to object to processing: In certain circumstances, you have the right to request that we stop processing your personal data and/or stop sending you marketing communications;
● Right to rectification: You have the right to require us to correct any inaccurate or incomplete personal data;
● Right to restrict processing: You have the right to request that we restrict processing of your personal data in certain circumstances (for example, where you believe that the personal data we hold about you is not accurate or lawfully held).
To exercise your rights, please click here. If you have any other questions about our use of your personal data, please send a request at the contact details specified in the How to Contact Us section of this Privacy Statement. Please note that we may request you to provide us with additional information in order to confirm your identity and ensure that you are entitled to access the relevant personal data.
You also have the right to lodge a complaint to a dataprotection authority. For more information, please contact your local dataprotection authority.
Legal Basis for Processing Personal Data
We only use your information in a lawful, transparent, and fair manner. Depending on the specific personal data concerned and the factual context, when Forma Vision processes personal data as a controller for individuals in regions such as the EEA, Switzerland, and the UK, we rely on the following legal bases as applicable in your jurisdiction:
● As necessary for our contract: When we enter into a contract directly with you, we process your personal data on the basis of our contract in order to prepare and enter into the contract, as well as to perform and manage our contract (i.e., providing Forma Vision products, features and services to account owners, their users, and those they invite to join meetings, streams and broadcasts hosted on their accounts, and manage our relationship and contract, including billing, compliance with contractual obligations, and related administration). If we do not process your personal data for these purposes, we may not be able to provide you with all products, features, and services;
● Consistent with specific revocable consents: We rely on your prior consent in order to utilize cookies to engage advertising and analytics partners to deliver tailored advertising and analysis of our website usage. You have the right to withdraw your consent at any time by visiting our cookie management tool, available Cookies Settings;
● As necessary to comply with our legal obligations: We process your personal data to comply with the legal obligations to which we are subject for the purposes of compliance with EEA laws, regulations, codes of practice, guidelines, or rules applicable to us, and for responses to requests from, and other communications with, competent EEA public, governmental, judicial, or other regulatory authorities. This includes detecting, investigating, preventing, and stopping fraudulent, harmful,unauthorized, or illegal activity (“fraud and abuse detection”) and compliance with privacy laws;
● To protect your vital interests or those of others: We process certain personal data in order to protect vital interests for the purpose of detecting and preventing illicit activities that impact vital interests and public safety, including child sexual abuse material; and
● As necessary for our (or others’) legitimate interests, unless those interests are overridden by your interests or fundamental rights and freedoms, which require protection of personal data: We process your personal data based on such legitimate interests to (i) enter and perform the contract with the account
owner and/or reseller providing you with the products and services (which includes billing, compliance with contractual obligations, and related administration and support); (ii) develop, test, and improve our products and services and troubleshoot products and services; (iii) ensure authentication, integrity, security, and safety of accounts, activity, and products and services, including detect and prevent malicious conduct and violations of our terms and policies, prevent or investigate bad or unsafe experiences, and address security threats; (iv) send marketing communications, advertising, and promotions related to the products and services; and (v) comply with non-EEA laws, regulations, codes of practice, guidelines, or rules applicable to us and respond to requests from, and other communications with, competent non-EEA public, governmental, judicial, or other regulatory authorities, as well as meet our corporate and social responsibility commitments, protect our rights and property and the ones of our customers, resolve disputes, and enforce agreements.
International Data Transfers
Forma Vision operates globally, which means personal data may be transferred, stored (for example, in a data center), and processed outside of the country or region where it was initially collected where Forma Vision or its service providers have customers or facilities – including in countries where meeting participants or account owners hosting meetings, streams or broadcasts that you participate in or receiving messages that you send are based.
Therefore, by using the Forma Vision Service or providing personal data for any of the purposes stated above, you acknowledge that your personal data may be transferred to or stored in the United States where we are established, as well as in other countries outside of the EEA, Switzerland, and the UK. Such countries may have data protection rules that are different and less protective than those of your country.
We protect your personal data in accordance with this Privacy Statement wherever it is processed and take appropriate contractual or other steps to protect it under applicable laws. Where personal data of users in the EEA, Switzerland, or the UK is being transferred to a recipient located in a country outside the EEA, Switzerland, or the UK which has not been recognized as having an adequate level of data protection, we ensure that the transfer is governed by the European Commission’s standard contractual clauses. Please contact us if you would like further information in that respect.
Our EU Representative:
Under Article 27 of the GDPR, we have appointed an EURepresentative to act as our data protection agent. Our nominated EURepresentative is:
Instant EU GDPR Representative Ltd.
Adam Brogden firstname.lastname@example.org
INSTANT EU GDPR REPRESENTATIVE LTD
12A Lower Main Street, Lucan Co. Dublin
California Consumer Privacy Act
Under the California Consumer Privacy Act of 2018 (CCPA),California residents may have a right to:
● Access the categories and specific pieces of personal data Forma Vision has collected, the categories of sources from which the personal data is collected, the business purpose(s) for collecting the personal data, and the categories of third parties with whom Forma Vision has shared personal data;
● Delete personal data under certain circumstances; and
● Opt out of the “sale” of personal data. We do not sell your personal data in the conventional sense. However, like many companies, we use advertising services that try to tailor online ads to your interests based on information collected via cookies and similar technologies about your online activity. This is called interest-based advertising. The CCPA’s statutory definition of the term “sale” is broad and may include interest-based advertising.
Forma Vision will not discriminate against you for exercising any of these rights, which is further in line with your rights under the CCPA.
We will acknowledge receipt of your request within 10business days, and provide a substantive response within 45 calendar days, or inform you of the reason and extension period (up to 90 days) in writing.
Under the CCPA, only you or an authorized agent may make a request related to your personal data. Note that to respond to your requests to access or delete personal data under the CCPA, we must verify your identity. We may do so by requiring you to log into your Forma Vision account (if applicable), provide information relating to your account (which will be compared to information we have, such as profile information), give a declaration as to your identity under penalty of perjury, and/or provide additional information. You may designate an authorized agent to submit your verified consumer request by providing written permission and verifying your identity, or through proof of power of attorney.
California’s Shine the Light Law
California Civil Code Section 1798.83, also known as “Shine The Light” law, permits California residents to annually request information regarding the disclosure of your Personal Information (if any) to third parties for the third parties’ direct marketing purposes in the preceding calendar year. We do not share Personal Information with third parties for the third parties’ direct marketing purposes.